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Public Works Packet 2009 08-18-09 c/A o United City of Yorkville o a " 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 Fax: 630-553 -7575 <4-E lbw AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, August 18, 2009 6 :30 p.m. City Hall Conference Room Presentation: Minutes for Correction/Approval : June 16, 2009 and July 21 , 2009 Items Recommended for Consent Agenda : 1 . PW 2009-74 Tower Lane Water Storage Tank Rehab — Change Order #1 2. PW 2009-75 Prairie Garden Subdivision — Final Acceptance 3 . PW 2009-76 Bristol Bay Unit 7 — Final Acceptance & Bond Adjustments 4. PW 2009-77 Goodwill Store - LOC Expiration 5 . PW 2009-78 Fox Road LAPP Project — Change Order #3 6. PW 2009-79 Westbury East Village (Unit 1 ) — Call of Bonds for Vendor Claims 7. PW 2009-80 Kendallwood Estates — Call LOC for Alliance Contractors Claim 8 . PW 2009-81 Grande Reserve — Call LOC for Reimbursement for Cost of Consultant Services New Business : 1 . PW 2009-82 Water Conservation Enhancements to Landscape Ordinance 2. PW 2009-83 Country Hills Subdivision — Final Acceptance & Warranty Bonding 3 . PW 2009-84 River Road Bridge — Update 4. PW 2009-85 Traffic Study — Church and W. Main Street 5 . PW 2009-86 Traffic Study — Kylyn' s Ridge 6. PW 2009-87 Traffic Study — Van Emmon and Heustis 7. PW 2009-88 Policy Regarding SSA' s and Security Bonding/Letters of Credit 8 . PW 2009-89 Heartland Circle - Discussion of Weeds & Dumping Issues Public Works Committee August 18, 2009 Page 2 Old Business: 1 . PW 2009-63 Fly Dumping in Vacant Areas of Subdivisions 2. PW 2009-73 Stormwater Basin Maintenance 3 . PW 2009-68 Water Meter Pricing 4. PW 2008- 111 Material Storage Shed Replacement Update Additional Business: 2008 City Council Goals - Public Works Committee `Interim Public Works Faciltiy. " Eric Dhuse Alderman Plocher Eric Dhuse "Explore gray water reuse by city. " Alderman Werderich Scott Sleezer Alderman Sutcliff Eric Dhuse Biodiesel, E85, and hybrid vehicles. " Alderman Werderich Bart Olson "Bike trails and pedestrian friendly development/redevelopment, with Alderman Golinski Bart Olson focus on increasingpedestrian 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, August 18, 2009 6 :30 PM CITY CONFERENCE ROOM MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1 . June 16, 2009 2. July 21 , 2009 ❑ Approved as presented ❑ Approved as presented ❑ Approved with corrections ❑ Approved with corrections --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2009-74 Tower Lane Water Storage tank Rehab — Change Order #1 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-75 Prairie Garden Subdivision — Final Acceptance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2009-76 Bristol Bay Unit 7 — Final Acceptance & Bond Adjustments ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2009-77 Goodwill Store — LOC Expiration ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2009-78 Fox Road LAPP Project — Change Order #3 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 6. PW 2009-79 Westbury East Village (Unit 1 ) — Call of Bonds for Vendor Claims ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 7. PW 2009-80 Kendallwood Estates — Call LOC for Alliance Contractors Claim ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2009-81 Grande Reserve — Call LOC for Reimbursement for Cost of Consultant Services ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2009-82 Water Conservation Enhancements to Landscape Ordinance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-83 Country Hills Subdivision — Final Acceptance & Warranty Bonding ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2009-84 River Road Bridge — Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 4. PW 2009-85 Traffic Study — Church and W. Main Street ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5 . PW 2009-86 Traffic Study — Kylyn's Ridge ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2009-87 Traffic Study — Van Emmon and Heustis ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2009-88 Policy Regarding SSA's and Security Bonding/Letters of Credit ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8 . PW 2009-89 Heartland Circle — Discussion of Weeds & Dumping Issues ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes OLD BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2009-63 Fly Dumping in Vacant Areas of Subdivisions ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-73 Stormwater Basin Maintenance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 3 . PW 2009-68 Water Meter Pricing ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2008- 111 Material Storage Shed Replacement Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- DRAFT UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, June 16, 2009 — 6:30 P.M. PRESENT: Chairman Plocher and Vice Chairman Gilson ABSENT: Committeemen Ald. Munns & Ald. Teeling ALSO PRESENT: City Engineer - Joe Wywrot; City Admin. — Brendan McLaughlin; Public Works Dir. — Eric Dhuse; Jeff Freeman Chairperson Plocher called the meeting to order at 6:37 pm although no official meeting can be conducted without a quorum. Items Recommended for Consent Agenda: 1. PW 2009-53 Water Department Report for March 2009 Bring back for July' s meeting. 2. PW 2009-54 Water Department Report for April 2009 Bring back for July's meeting. 3. PW 2009-55 Kendall Market Place — Earthwork LOC Expiration Joe Wywrot gave a brief summary of the agenda item. This is the second time around for the exact same issue. Once again, the City got a notice of expiration letter from the bank. There is 90 day notification requirement. We are requesting the City Council authorize the clerk to call the letter of credit in case it's not renewed. Alderman Gilson stated concerns that the letter of credit is less than what our policy states. He would like to the LOC supplemented to $650K and play it safe, because you never know of any unforeseen things. Joe Wywrot said the Earthwork is substantially complete. Although this is less than what we normally require, the consensus was to renew the letter of credit for the current amount of $250K. Mr. Wywrot discussed with Brendan McLaughlin and stated the amount should be adequate to complete the task. If needed, a request can be sent for an additional LOC to meet our policy. 1 4. PW 2009-56 IDOT Highway Permit and the Resolution — Countryside Redevelopment No questions. The item was moved forward to City Council June 23 consent agenda. 5. PW 2009-57 Aldi's Redevelopment — Revised Traffic Signal Easement No Questions. The item was moved forward to City Council June 23 consent agenda. NEW BUSINESS: 1. PW 2009-58 Game Farm/Somonauk Street Project — Prof. Services for ROW and Easement Acquisition Joe Wywrot mentioned that this is the next big step on this project. There are approximately 33 parcels of property we need for various reasons; additional Right of Way, strips of land or corner of intersection, etc. There are Federal Dollars associated with this project as long as we follow IDOT guidelines. We need to hire a consultant to prepare the appraisals and depending on the value, the appraisals may go on to another appraiser for review or they go straight to a waiver situation for immediate negotiations with the property owner. They think half of the properties will go to waiver situations and the other half will need to go to another appraiser for review. This work is funded 50150; federal dollars to city dollars. There is an MFT appropriation resolution attached that would appropriate our share of this work. The recommendation is to approve the proposal from Jay Heap & Associates and also pass the appropriation resolution. Alderman Gilson asked if this was all budgeted. Brendan McLaughlin said yes other than when we pull the trigger to do the full construction. There are only so much MFT dollars available. Mr. Wywrot stated there's a cap of federal dollars of $2.5M. He also mentioned that there may be a need to borrow a large sum of money to complete this project, but this project is at least 1 to 2 years out. Mr. Wywrot said, first and foremost we have to address the right of way. The item was moved forward to City Council June 23 consent agenda. 2. PW 2009-59 Kendallwood Estates — Benjamin St. Paving and Landscaping Joe Wywrot said the City Council wanted to get the last section of the road paved. He notified the developer on May 15 and said that we want it complete by the end of June. But just in case the developer didn't come through, he got 3 proposals for both paving and landscaping; Aurora Blacktop was low bidder for paving and Green Scene was low bidder for landscaping. 2 Mr. Wywrot is recommending that both proposals be approved if the developer doesn't complete the work by June 30`h. He also recommends authorizing the clerk to call the letter of credit in the amount of $30K which is more than the $ 10K for the 2 proposals. It would give us some cushion just in case we run over on quantity or any other added expense and return any unused amount to the bank. The developer has indicated that he would be willing to make a cash deposit with the city rather than have this funded through a LOC. Mr. Wywrot forward the information that the City would want a $30K deposit, but he hasn't responded. The item was moved forward to City Council June 23 consent agenda. 3. PW 2009-60 Fox Hill Unit 7 — Stormwater Basins Joe Wywrot said Marty Munns asked this be put on the agenda. The developer landscaped these basins, but nature has overwhelmed what's there now. We've been after the developer ever since it was approved by City Council. There is a LOC in place of approximately $40K. At the last City Council meeting Alderman Morris mentioned discussing calling the LOC if we do not get quick action from the developer. Alderman Gilson asked if the LOC would be sufficient to hire our own mitigation consultant. Mr. Wywrot referred to Laura Haake to better answer that question. He is to get input from Ms. Haake on the LOC. Bring this back to the committee in July. 4. PW 2009-61 Stop Sign Warrant Analysis — Informational Item Joe Wywrot mentioned they have been doing Stop Sign Warrant Analysis' at a few intersections in town. They are trying to get Church and Main done this week. The purpose is to see if they meet volume warrants. There are also accident warrants and pedestrian volume warrants. He will have a report available for July' s meeting. Bring this item back to the committee in July. 5. PW 2009-62 Capital Improvement Program — Informational Item Joe Wywrot said the Mayor had asked this item be put on all committee agendas so that all incoming alderman can start familiarizing themselves with a project spreadsheet that assumes a lot of outside funding which we may or may not get, but it's what we have planned for future fiscal years and it shows what we've been able to do in the past fiscal year. 6. PW 2009-63 Dumping Trash in Vacant Areas of Subdivisions - Discussion Institute a Neighborhood Watch Program. Officer Groesch is going to put this in his neighborhood watch program. 3 OLD BUSINESS: 1. PW 2009-48 Windett Ridge - Update Jeff Freeman mentioned they have finalized their report and recommend forwarding it to the developer and telling them the improvement needs to take place. Alderman Gilson asked if there were any discussions with the bank since the City Council meeting. Brendan McLaughlin said he has an appointment set with the Bank on June 30 to discuss all of the items to be completed. 2. PW 2009-94 Quiet Zone Engineering Service Agreement Not Addressed ADDITIONAL BUSINESS: 1. Water & Maintain 50 Acres in Bristol Bay Eric Dhuse mentioned the need to work with the Parks Department to figure out a way to water and maintain 50 acres in Bristol Bay. Central Sod is going to rent out equipment that they are not using. 2. Proposed Change Order for Fox Road LAPP Project — Joe Wywrot Additional Patching - $80k additional cost — 75% of the additional cost will be paid by the federal government. Increasing the thickness of the overlay — 2 passes of asphalt. Even with this added thickness, we would still be below contract. He confirmed with Mayors; no need to go back to them to ask for additional funding. He is recommending to be approved. Brendan agreed to put on the agenda for Tuesday night. MINUTES FOR CORRECTION/APPROVAL: None ADJOURNMENT OF THE PUBLIC WORKS COMMITTEE MEETING: With no further business to discuss, the meeting adjourned at 7: 10 p.m. Minutes respectfully submitted by Tim Dlugopolski 4 Page 1 of DRAFT UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, July 21 , 2009 — 6 : 30 P .M. PRESENT: Chairman Joe Plocher Mayor Valerie Byrd Eric Dhuse (Public Works Director) Alderman George Gilson Joe Wywrot (City Engineer) Brendan McLaughlin (City Administrator) Boyd Ingemunson (Attorney) Alderman Diane Teeling Alderman Marty Munns PRESENTATIONS: NONE The meeting was called to order @ 6:30 p.m. by Chairman Joe Plocher MINUTES FOR CORRECTION/APPROVAL: The minutes for May 19, 2009 were reviewed and approved as presented. 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 2009-64 Water Department Report for May 2009 4. PW 2009-65 Water Department Report for June 2009 5, PW 2009-66 IDOT Highway Permit and Resolution — Cannonball Trails Alderman Teeling asked if we can get a bond or a letter of credit. Joe Wywrot replied that IDOT requires a bond. Approved for Consent Agenda. 6, PW 2009-67 IDOT Highway Permit and Resolution — Rush-Copley Approved for Consent Agenda 7. PW 2009-61 Stop Sign Warrant Analysis Status Reports - Comeback to Public Works Committee 8. PW 2009-68 Water Meter Pricing Alderman Gilson had a few questions about the new Omni Meters. New meters went from compound to Omnis. Are they T2 or C2 Omni meters? The reason why he asks is that the C2's are paid a premium for. Eric Dhuse to investigate. Being that they are new technology, will the accuracy hold? Dhuse to verify. Does the T2 or C2 have the same wave length as the compound? Dhuse replied yes. Alderman Gilson requests that the answers be provided prior to consent. Dhuse replied that is fine. Committee decided that this item will move forward to Consent 1 Page 2 of 4 Agenda, but if Alderman Gilson didn't receive the answers or isn't satisfied with the answers, the item can be pulled at City Council meeting. 9. PW 2009-43 High Water Levels — Status Report Comeback to Public Works Committee. 10. PW 2009-69 Westbury East Village (Ocean Atlantic) — Call of Surety Bonds Approved for Consent Agenda 11. PW 2009-70 Resolution Recognizing Water Consumption Adjustment for Broken Pipes Alderman Gilson asked what is the purpose of this and why is it on the table? Mayor Burd asked for this item to appear on the agenda. Brendan McLaughlin stated there is no authorization in any other prior policy, but it certainly has been the practice in prior administrations to adjust bills for broken pipes if an owner has a broken pipe and the resident is unaware. Maybe there is one adjustment every other year or so but do we want to burden the home owner? Fox Metro has a policy where they will re-adjust the bill to the most recent cycle. Alderman Gilson had a concern where does it end. Leaky ToiletO What if a customer has a leaky toilet; which a lot of them do and they get surprised at that bill. Are we going to adjust that bill? Let's take that a step further and you got leaks inside the home. Due to the language of this, that could be a lot of things. Alderman Gilson would like an attorney look it over again. Mayor Burd said it has always been an unwritten policy in the city and she doesn't want anything done that the City Council isn't aware of. She would like to pass an ordinance and she wants it to encompass what the city should do as whole. Administrator McLaughlin said maybe we should clarify it as a result of a burst pipe. Committee agreed with the slight changes and the item moved forward to Consent Agenda. NEW BUSINESS: 1. PW 2009-71 Prairie Pointe — Encroachment Agreement No questions — Move to Consent Agenda 2. PW 2009-72 Update to Snow Removal Plan Committee approved plan update 3. PW 2009-73 Ownership and Maintenance of Subdivision Detention Areas This item came out of the City Council meeting. How do we ensure to the degree that the Homeowner Association has the ability to maintain the native prairie grass around the more naturalized wetlands? Somewhere down the road how does the city play a role in maintaining these areas? 2 Page 3 of 4 The Mayor had conversations with the Raintree Homeowners Association about some of the ponds out there and a lot of effort has been put into them to make them self sufficient. Unfortunately they have problems with people coming in and mowing down to the water or putting in their own garden. They take out all of the vegetation originally planted which could take several years for it to self sustain. Can the city come out there and enforce it? Looking for some ideas or solutions to help maintain these ponds and work with the Homeowners Association. Joe Wywrot said this is important thing and we need to do something. The city has a NPDS permit through the Illinois EPA. That permit has six components; one of which is post construction inspection & maintenance. Basins are very important part of re-cleansing storm water. We probably need to take care of this before the end of the year, because the EPA is going to come and audit next spring to see what progress we've made at complying at all of the components, but this is just one of them. Administrator McLaughlin said this will aid the Homeowners Association in enforcing their bylaws. Alderman Gilson asked what's our intent with this? Mayor Burd hoped the city can make sure the detention areas are maintained the way we required them to be set up. We have the guidelines that we told them to follow to build these areas. The Homeowners have an obligation to maintain the water detention areas that meet the standards that we expect. We will help them if they want to enter into an agreement with us that we will police. If somebody does something to destroy it, we can go in there and give them a ticket. Alderman Plocher said can't we come up with agreement on an ordinance and communicate it? Mayor Burd said that' s what she wants. The consensus is to look into an overall ordinance. OLD BUSINESS : 1 . PW 2009-60 Fox Hill Unit 7 — Storm Basins Alderman Munns talked about memos from the developer that have been going on more than a year. Alderman Munns asked to pull the Letter of Credit. Alderman Gilson agrees to pull the LOC. Move to Consent Agenda 2. Dreyer Pond — Alderman Munns Alderman Munns asked what is the latest on the Dreyer pond? 3 Page 4 of 4 Joe Wywrot replied that is in a 3 year tending. The pond was supposed to be a sealed pond, just a conventional wet pond, but it leaked. The contractor went back again, again and again, but he couldn't get it to seal. He came back with a revised landscape plan to turn into a wetland type basin. It is currently in year 1 of the 3 year process. ADJOURNMENT OF THE PUBLIC WORKS COMMITTEE MEETING: With no further business to discuss, the meeting adjourned at 7:02p.m. Minutes respectfully submitted by Tim Dlugopolski 4 `QED C/py Reviewed By: Agenda Item Number 1 a r T Legal ❑ EST uNf1 1836 Finance ❑ Engineer � t�D� f Tracking Number City Administrator LLn 0 Consultant ❑ P W aoOq _ 'jd ❑ <E�VVV Agenda Item Summary Memo Title: Tower Lane Water Storage Tank Rehab—Change Order#1 Meeting and Date: August 18, 2009 Public Works Committee Synopsis: This is the final balancing change order for rehabilitation and painting of the Tower Lane water tower, in the amount of an $8400.00 deduct. 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: C/) y Memorandum Esr. _;,. 1896 To: Brendan McLaughlin, City A ministrat From : Joe Wywrot, City Engineer C� bl �') `� CC: Eric Dhuse, Director of Public orks� p Lisa Pickering, Deputy City Clerk <LE A v Date: July 28, 2009 Subject: Tower Lane Water Storage Tank Rehab — Change Order #1 Attached find one copy of proposed Change Order No. 1 for the referenced project. This change order, in the amount of an $8400.00 decrease, is the final balancing change order. The final contract price would be $254,880.00. See the second page of the change order for explanations of individual work items. All of this work has been completed, and I recommend approval of the change order. Please place this item on the August 18, 2009 Public Works Committee for consideration. CHANGE ORDER Order No. 1 Date: June 30 , 2009 Agreement Date: July 7 2008 NAME OF PROJECT: Tower Lane Elevated Water Storage Tank Rehabilitation OWNER: United City of Yorkville CONTRACTOR: Jetco Ltd . The following changes are hereby made to the CONTRACT DOCUMENTS: 1 . Deduct VALVE VAULT IMPROVEMENTS (REMOVE AND REPLACE SUMP PUMP) (Item # 12) 1 L. S. @ $ 41800.00/L. S. ($ 4 ,800.00) 2 . Deduct VALVE VAULT IMPROVEMENTS (FURNISH AND INSTALL ELECTRIC UNIT HEATER) (Item #13) 1 L. S. @ $ 51000.00/L. S. ($ 5,000 .00) 3. Deduct PIT FILLING, APPLIED(Item #21 ) 2 GAL. @ $ 600. 00/GAL. ($ 11200.00) 4. Add WASTE DISPOSAL (Item # 27) 5 C.Y. @ $40.00/C .Y. $ 200.00 5. Add EXTRA WORK: REPAIRS BY WELDING STEEL PLATES @ ROOF VENT AND ROOF ACCESS TUBE 1 L. S. @ $ 21400. 00/L.S . $ 21400.00 Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 263 ,280.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 263,280.00 The CONTRACT PRICE due to this CHANGE ORDER will be ('n, ,GFeased) (decreased) by: $ 8,400.00 The new CONTRACT PRICE including this CHANGE ORDER will be: $254, 880. 00 CO-01 GAPublic\Yorkville\2007\YO0712 Contract HA - Tower Lane EWST Rehabilitation\Doc\Change Orders\CHANGE ORDER #1 .doc JUSTIFICATION Items No. 1 and 2 were deemed unnecessary at this time and easily replaced by the Owner when replacement becomes necessary. Item No. 3 represents the difference between estimated pit filling required and actual field conditions. Item No. 4 represents a small additional in waste removal due to extra blasting in the interior surfaces Item No. 5 represents steel plate repairs required to close gaps in the annular spaces around the existing vent and existing access tube. Change to CONTRACT TIME: NONE Approvals Required : To be effective this order must be approved by the federal agency if it changes the scope or objective of the PROJECT or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. d Requested by: Jetco Ltd . Recommended by: �/ Engineering Enterprises, Inc. Accepted by: United City of Yorkville Date: CO-02 GAPublic\Yorkvi11e\2007\Y00712 Contract H. 1 - Tower Lane EWST Rehabilitation\Doc\Change Orders\CHANGE ORDER #1 .doc `�fpD C/p` Reviewed By: Agenda Item Number J` O� Legal ❑ #� ESE 1836 Finance ❑ 1 \\_ Engineer ^ A X105 Tracking Number 09 I� 01 W City Administrator ❑ Consultant o P6-V acoq -75 <LE Agenda Item Summary Memo Title: Prairie Garden Subdivision—Final Acceptance Meeting and Date• August 18, 2009 Public Works Committee Synopsis: Recommend final acceptance of public improvements for the Prairie Garden subdivision, and reduction of the LOC to $134,960.50. 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: 0 C4 O Memorandum w> 0 rs- 1i EST. '� '-� 1836 To: Brendan McLaughlin, City A r*k'From: Jo e Wywrot, City Engineer 9 � p CC: Lisa Pickering,Deputy City Eric Dhuse Director of Publ <CE ,vim Date: August 7,2009 Subject: Prairie Garden Subdivision—Final Acceptance& Letter of Credit Reduction#5 Attached find a request from S&K Development for the city to accept the public improvements for Prairie Garden subdivision. Also attached is the Bill of Sale for the public improvements associated with this development. All testing has been satisfactorily completed and the punchlist is complete. I recommend that the public improvements for watermain, sanitary sewer, storm sewer,roadway,and miscellaneous items as described in the Bill of Sale be accepted for ownership and maintenance by the city. Corresponding to final acceptance is a letter of credit reduction to 10%of the value of the land improvements. The developer has requested that the city waive the normal one-year warranty period because most of the public improvements were constructed several years ago. While that is a true statement, it is also true that most developments are substantially constructed long before they are accepted by the city. Almost without exception the city has required the one-year warranty period regardless of the length of time it took to complete the work;therefore I recommend that the one-year warranty period not be waived. I recommend that State Bank of Illinois Letter of Credit No.2001-27 be reduced by the amount of$67,480.25. The remaining amount of the letter of credit would be$134,960.50,and would remain in place during the one- year warranty period. Please refer to the attachment for details. Please place this item on the Public Works Committee agenda of August 18,2009 for consideration. S6zK DEVELOPMENT, LLC POST OFFICE BOX 307 WHE,4TON, ImNOlS60187 August 4, 2009 Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Prairie Gardens Subdivision: Acceptance of Public Improvements Dear Mr. Wywrot: S&K Development, LLC respectully requests final acceptance of all public improvements at Prairie Gardens Subdivision. We have completed all public improvements to the satisfaction of the City Engineer. We also specifically request the City Council waive the maintenance bond requirements for Prairie Gardens. All public improvements have been complete since 2002 with the exception of the individual lot improvements that were complete November 2006, the final surface course complete October 2007 and some landscaping that should have been installed by the Builder prior to occupancy. The landscaping has now been completed and was planted by the Developer, S&K Development, in June 2009. Unfortunately we were not aware that the builder did not install all of the required parkway trees and had received their final certificate(s) of occupancy even though City Ordinance requires that they be prior to the issuance of an occupancy permit. In summary, the improvements at Prairie Garden have been complete and performing properly for many years now and should provide the City with valuable assurance that the improvements will continue to perform properly. We request your approval of this special request and waive the maintenance bond requirements for Prairie Gardens. If you have any questions or need anything else, please do not hesitate to call me at (630) 466.7400. Thank you for all your assistance. Sincerely, S& Development, LC BILL OF SALE Seller, S&K DEVELOPMENT, LLC of KANE County, ILLINOIS , in consideration of One and No/100 Dollar ($ 1 .00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, The United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITHNESS WHEREOF, Seller has signed and sealed this bill of sale at 816 RIDGEVIEW LANE, SUGAR GROVE, IL 60554 , this 4th day of AUGUST , 2009. S&K DEVELOPMENT LLC PHILLIP KNIERIM MANAGER STATE OF ILLINOIS ) COUNTY OF ) On this day of 2009, before me a Notary Public within and for said County and State, person ly appeared Phillip Knierim, to me personally known, who being by me duly sworn did say that he is the Manager of S&K Development, LLC, the corporation named in the foregoing instrument, and that the instrument was signed on behalf of the corporation by authority of its Board of Directors and Phillip Knierim acknowledged the instrument to be the free act and deed of the corporation. Not ublic DuPage County My Commission is expires R CIAL SEAL "Y A. KNIERIM UBLIC, STATE OF ILLINOIS SSION EXPIRES 2/13/2011 EXHIBIT A Prairie Garden Subdivision Watermain Improvements (Offsite) Unit Quantity 1 . 8" DIP Watermain w/polyethylene encasement LF 440 2. 8" Tapping Valve in Vault EA 1 3 . 8" Gate Valve in Box EA 7 4. Fire Hydrant EA 9 5 . Mechanical Fittings LB 2450 6. 1 " Long Water Service EA 37 7. 1 " Short Water Service EA 21 8. 1 " Commercial Water Service EA 5 Watermain Improvements (Onsite) Unit Quantity 1 . 8" DIP Watermain w/polyethylene encasement LF 2720 2. 8" Tapping Valve in Vault EA 1 3 . Fire Hydrant EA 1 5 . Mechanical Fittings LB 420 6. Bituminous Pavement Patching SY 16 7. Curb and Gutter Removal & Replacement LF 10 Sanitary Sewer Improvements Unit Quantity 1 . 8" PVC Sanitary Sewer, SDR 26 LF 2687 2. 6" PVC Sanitary Sewer Service, SDR 26 LF 2440 3 . 6" PVC Sanitary Sewer Service Riser, SDR 26 EA 1 4. 4' Dia. Manhole w/Frame & Lid EA 15 Storm Sewer Improvements Unit Quantitv 1 . 18" RCP Storm Sewer LF 486 2. 12" RCP Storm Sewer LF 1648 3 . 15" HDPE Storm Sewer LF 419 4. 12" HDPE Storm Sewer LF 680 5 . 12" HDPE Storm Sewer w/ ADS sock LF 1432 6. Inlet, Type A, 2' dia., w/Frame & Lid EA 9 7. Catch Basin, Type A, 2' dia. w/Frame & Lid EA 12 8. Catch Basin, Type C, 3 ' dia. w/Frame & Lid EA 17 9. Manhole, Type C, 4' dia., w/Frame & Lid EA 6 10. Manhole, Type C, 5 ' dia., w/Frame & Lid EA 4 11 . Restrictor Manhole, Type C, 6' dia., w/Frame & Lid EA 1 12. 12" RCP Flared-end-section EA 1 Roadway Improvements Unit Quantity 1 . Geotextile Fabric @ subgrade SY 12,330 2. 4" Stone base course TON 330 3 . 9" Base course, BAM TON 710 4. 10" Base course, CA-6 TON 35680 5 . 12" Base course, CA-6 TON 2,740 6. Concrete curb & gutter, B6- 12 w/CA-7 base LF 5,700 7 . 2.5" Bit. Binder Course, Class I, Mix B, Ty 2 TON 920 8 . 4.5" Bit. Binder Course, Class I, Mix B, Ty 2 TON 1 ,030 9. 1 .5" Bit. Surface Course, Class I, Mix C, Ty 2 TON 890 10. 2.0" Bit. Surface Course, Class I, Mix D, Ty 2 TON 170 11 . Bit. Materials, Tack Coat GAL 460 12. PCC Sidewalk, 5" thick, w/CA-6 base SF 33,400 13 . Streetlight EA 11 14. Signs EA 13 15 . Thermoplastic Pavement Marking LS 1 Miscellaneous Improvements Unit Quantity 1 . Parkway Trees, 2.5" cal SY 107 4-Aug-09 Letter of Credit/Bond Reduction Subdivision: Prairie Garden - Reduction #5 - final acceptance Approved Substantially complete Beginning amount LOC/Bond amt. Substantially complete Amount to remain Item Enq. Est. prior to platting for LOC/Bond prior to Red.#5 prior to Red. #5 Reduction No.5 after Red.#5 Earthwork $270,200.00 $243,740.00 $90,041 .00 $40,530.00 $270,200.00 $13,510.00 $27,020.00 San. Sewer $166,974.00 $166,974.00 $41 ,74150 $25,046.10 $166,974.00 $8,348.70 $16,697.40 Watermain $146,160.00 $146,160.00 $36,540.00 $21 ,924.00 $146, 160.00 $7,308.00 $14,616.00 Storm Sewer $149,859.00 $149,859.00 $37,464.75 $22,478.85 $149,859.00 $7,492.95 $14,985.90 Pavement $490,102.00 $0.00 $539,112.20 $73,515.30 $490,102.00 $24,505.10 $49,010.20 Erosion Cont. $41 ,630.00 $27,870.00 $22,103.50 $6,244.50 $41 ,630.00 $2,081 .50 $4,163.00 Miscellaneous $84,680.00 $5,500.00 $88.473.00 $12,702.00 $84,680.00 $4,234.00 $8,468.00 Totals $1 ,349,605.00 $740,103.00 $855,477.95 $202,440.75 $1 ,349,605.00 $67,480.25 $134,960.50 Notes: 1 ) LOC/Bond amt. to be 15% of subsantially completed items plus 110% of uncompleted items. 2) LOC/Bond amt. to be reduced to 10% at final acceptance. Reviewed By: Agenda Item Number J2 ' Os Legal ❑ �.R 3 Finance F]esr ® less Engineer 1%11.-J Tracking Number City Administrator ❑ ^a O Consultant ❑ 'P W d6CA --7(p ❑ <LE Eby Agenda Item Summary Memo Title: Bristol Bay Unit 7—Final Acceptance&Bond Adjustments Meeting and Date: August 18, 2009 Public Works Committee Synopsis: Recommend final acceptance of the public improvements for Bristol Bay Unit 1, along with adjustments to the three existing bonds for the warranty period. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: A ci;�.r ,2 16 Memorandum EST. `, 1836 To: Brendan McLaughlin, City A ini$t�ato From: Joe Wywrot, City Engineer U 9 � p CC. Lisa Pickering, Deputy City 1 k Eric Dhuse, Director of Public Works �E Date: August 11, 2009 Subject: Bristol Bay Unit 7—Final Acceptance & Bond Adjustments Attached find a request fiom Centex Homes for the city to accept the public improvements in Bristol Bay Unit 7 for ownership and maintenance. Unit 7 is located generally south and east of the Rosenwinkel Street/Bertram Drive intersection, and consists of 38 lots along sections of Tampa Drive, Pensacola Street, Sarasota Avenue, Biscayne Lane, and Pleasant Court. The punchlist has been completed. Also attached find the Bill of Sale for the public improvements. Corresponding to final acceptance are changes to the three bonds currently in place for Unit 7. I recommend that Armor Assurance Co. Bond#ARM10693 for earthwork be reduced by the amount of$4,443.24. The remaining earthwork bond amount would be $8,886.48. I recommend that Armor Assurance Co. Bond#ARM10356 for sitework be increased by the amount of $122,553.57. The remaining sitework bond amount would be$145,084.09, I recommend that Safeco Insurance Co. Bond #6544066 for landscaping be reduced by the amount of$8,178.39. The remaining landscape bond amount would be $7,671.94. Please refer to the attachment for details. The sitework bond had previously been reduced below the amount normally allowed by city ordinance. This was done to comply with Section 11A of the Bristol Bay development agreement (attached), which allowed for a Special Service Area bond to supplement conventional bonding. Upon acceptance,however,the amounts of the conventional bonds need to be adjusted to cover the full 10%warranty amount. I recommend that the public improvements for Bristol Bay Unit 7 be accepted by the city for ownership and maintenance subject to a one-year warranty period. Please place this item on the August 18, 2009 Public Works Committee agenda for consideration. Pagel of 3 Joe Wywrot From: Marx, Joseph _- Sent: Monday, July 27, 2009 10:05 AM To: Joe Wywrot; kberry Cc: Jennifer Woodrick Subject: RE: Bristol Bay As-Builts - Units 2 & 7 Thanks Joe. . . this is the best news I've heard in a while. Can these Units be placed on the next agenda for acceptance? Joe Marx Director of Land Develo ment — office 1 mobile fax —�� Centex Homes I Illinois Division 2205 Point Blvd, Suite 200 1 Elgin, IL 60123 Centex CONFIDENTIAL The information contained in this e-mail message, including any file attachments, is confidential. It is intended only for the individual(s) designated above. You are hereby notified that any use, copying or distribution of the information contained in this transmission by anyone other than the recipient(s) named above is unauthorized and strictly prohibited. If you have received this transmission in error, please notify the sender immediately by replying via e-mail and delete the message and any file attachments from your computer. Thank you. From: Joe Wywrot (mailto:JWywrot @yorkville.il.us] Sent: Monday, July 27, 2009 10:00 AM To: kberry Cc: Jennifer Woodrick; Marx, Joseph Subject: RE: Bristol Bay As-Builts - Units 2 & 7 Kevin, The Unit 2 & Unit 7 record drawings are approved. Please forward AutoCAD files of those drawings to Jennifer Woodrick. I plan to review the Unit 6 record drawings this week. Thanks, Joe Wywrot Yorkville City Engineer (630)553-8527 (630)553 -3436 fax (630)878-2021 mobile From: Marx, Joseph [mailto: Sent: Monday, July 20, 2009 11 :40 AM To: Joe Wywrot Cc: kberry Jennifer Woodrick Subject: RE: Bristol Bay As-Builts - Units 2 & 7 Joe, Do you have an update on the Unit 6 re-submittal? Thanks, 8/11 /2009 BILL OF SALE Seller, Centex Homes of Kane County, Illinois , in consideration of One and No/100 Dollar ($1 .00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, The United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITHNESS WHEREOF, Seller has signed and sealed this l of sale at 2205 Point Blvd., Elgin, IL 60123, this 12th day of August, 2009. Centex Homes -eWilliam T. Stan et Division President STATE OF Illinois COUNTY OF Kane On this 12th day of August, 2009, before me a Notary Public within and for said County and State, personally appeared William T. Stapleton, to me personally known, who being by me duly sworn did say that he is the Division President of Centex Homes/Illinois Division, the corporation named in the foregoing instrument, and that the instrument was signed on behalf of the corporation by authority of its Board of Directors and William T. Stapleton acknowledged the instrument to be the free act and deed of the corporation. our.. +k • lJt>�o Notary Public Kane County My Commission is expires July 21 , 2013 OFfICUII BEAT. WTARYKIM-STATEOFUNN W'=#MMVV9W M/13 Bristol Bay Unit 7 Bill of Sale Exhibit "A" 12-Aug-09 Watermain Construction Unit Quant 16" DIP Watermain LF 3022 8" DIP Watermain LF 2221 16" Butterfly Valve in Vault EA 4 8" Gate Valve & Box EA 7 Fire Hydrant EA 11 Water Service (Long) EA 15 Water Service (Short) EA 23 Sanitary Sewer Construction Unit Quanti 10" PVC Sanitary Sewer LF 188 8" PVC Sanitary Sewer LF 2044 Manhole, Ty A, 4' Dia. EA 10 6" PVC Sanitary Service (Long) EA 26 6" PVC Sanitary Service (Short) EA 11 Storm Sewer Construction Unit Quanti 60" Storm Sewer, Class A LF 4248 54" Storm Sewer, Class A LF 215 24" Storm Sewer, Class A LF 80 21" Storm Sewer, Class A LF 189 18" Storm Sewer, Class A LF 300 15" Storm fewer, Class A LF 199 12" Storm Sewer, Class A LF 1054 Catch Basin, Ty A, 4' Dia. EA 9 Inlet, Ty A, 2' Dia. EA 7 60" RCP Flared-end-section EA 2 Storm Manhole, Ty A, 8' Dia. EA 4 Storm Manhole, Ty A, 7' Dia. EA 16 Storm Manhole, Ty A, 5' Dia. EA 3 Storm Manhole, Ty A, 4' Dia. EA 11 Tee Manhole EA 1 Box Manhole EA 8 Roadway Pavement Construction Unit Quanti Geotextile Fabric SY 7572 Aggregate Base Course, 10" SY 7572 Bit. Materials (Prime Coat) SY 7572 Bit. Materials (Tack Coat) SY 7572 Bit. Binder Course, 2.5" TON 1060 Bit. Surface Course, 1 .5" TON 636 Miscellaneous Roadway Construction Unit Quantity PCC Sidewalk, 5" SF 22986 PCC Combination Curb & Gutter LF 4391 Aggregate Base under curb, 4" SY 1220 Hot-poured joint sealer LF 4391 Parkway Trees EA 93 Miscellaneous Underground Construction Unit Quantity ------------------- ------- Streetl ght compiete-w/cable €A 7 City of Yorkville 11-Aug-09 Letter of Credit/Bond Reduction Subdivision: Bristol'Bay unit 7 Reduction No. Final Acceptance Bond/LOC No. Earthwork - Armor Assurance Co. Bond #ARM10693 Sitework -'Armor Assurance Co. Bond #ARM10356 Landscaping - Safeco Insurance Co. Bond #6544066 Approved Theoretical Bond amount prior Amount of Warranty Bond Item Eno. Est. Original Bond Amt. to Final Reduction Final Reduction amounts to remain Earthwork $88,864.78! $972751 .27 $13,329.721 $42443.24 $8,886.48 Sitework $1 ,450,840:92 $1 ,595,925.01 $22,530.57 -$122,553.57 $1457084.09 Landscaping $76,719.4Q; $842391 .34 $1,5,850.33 $8, 178.39 $7,671 .94 Totals $17616,425. 11 $1 ,778,067.62 $51 ,710.57 -$1092931 .94 $161 ,642.51 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Manual input required for cells highlighted in yellow. i i the development and improvement of the SUBJECT PROPERTY until such amount is paid in i full. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31 , 2010 shall be due and payable by CITY on demand. III SECURITY,INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY surety bonds ("Security Instrument(s)") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY, the DEVELOPER having elected to provide surety bonds consistent with Illinois law. To the extent that a. Special Service Area has been established- and bonds have been issued generally consistent with the provisions of Paragraph 27 hereof, no Security Instrument or guarantee shall be required to be deposited by DEVELOPER with the CITY with respect to those improvements included within such bond proceeds. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY and shall relate only to those matters directly covered by each Security Instrument. The Security Instruments shall not provide for or be cross defaulted or collateralized and shall be treated and returned or reduced in accordance with this Agreement notwithstanding any issues, disputes or entitlements as to any other Security Instrument. The Corporate Authorities upon recommendation, by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five `percent`(85%) of the value certified by the - 21 C11199 4478044-3.001319.0242 CITY Engineer of the completed work, so long as the balance remaining in the I Security Instruments is at least equal to one hundred ten percent (I10%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a,Special Service Area as a primary funding: mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2002-04, the OWNERS and DEVELOPER shall It be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond equal to ten percent (10%) of the CITY engineer's reasonable opinion of probable cost after acceptance by the CITY of said public improvements. In the event DEVELOPER has deposited a Security Instrument with the CITY and the improvements covered by such "Security Instrument are subsequently included in the Special Service Area and bonds issued generally consistent with the provisions of Paragraph 27 hereof, any such Security; Instrument shall be returned to DEVELOPER within thirty (30) days of such bond issuable or reduced by the amount covered by such Security Instrument which is included in such bond. B. Dedication of Perimeter Roadways and On-Site Improvements. Subject to applicable governmental laws, ordinances and regulations, perimeter roadways to the Property as reflected on the Preliminary Engineering shall be dedicated, constructed, and/or bonded by DEVELOPER during independent phases of _ 22 _ CH199 4478044-1001319.0242 ♦��D C/p y Reviewed By: Agenda Item Number J� �= T Legal ❑ Sk Finance ❑ EST. _ 1836 Finance g �1 Tracking Number City Administrator ❑ �^ �O Consultant ❑ PW jUoq_77 <LE ♦. ❑ Agenda Item Summary Memo Title: Goodwill Store—LOC Expiration Meeting and Date: August 18, 2009 Public Works Committee Synopsis: Recommend calling US Bank LOC #SLCWMIL02391 in the amount of$5222.00 if punchlist work is not completed by August 26, 2009. 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: `,�fpD CITY Memorandum EST. 1836 To: Brendan McLaughlin, City A ministgt Oy From: Joe Wywrot, City Engineer U 9 I� n.. p CC: Lisa Pickering, Deputy City I k Jennifer Woodrick,Engineering Administrative Assistant LE Date: August 11, 2009 Subject: Goodwill Store—LOC Expiration US Bank LOC# SLCWMIL02396 Attached find a notice from US Bank that the letter of credit for the Goodwill store at 481 E. Countryside Parkway will expire on September 30,2009. This letter of credit, in the amount of $5222.00, is the warranty letter of credit to guarantee that all land improvements are in satisfactory condition at the end of the warranty period, which expires on August 26, 2009. We have performed a site inspection and there are several trees and bushes that have died and need to be replaced. We have been in contact with the developer and anticipate that the dead landscaping will be replaced. Until that work is completed, however, we should follow our standard policy of calling the LOC to fund the warranty work if necessary. I recommend that City Council authorize the City Clerk to call the letter of credit if the warranty work is completed by August 26, 2009. Please place this item on the Public Works Committee agenda of August 18, 2009 for consideration. Wbank. :� Five Star Service Guaranteed U . S . BANK NATIONAL ASSOCIATION SWIFT : USBKUS44MIL INTERNATIONAL DEPARTMENT , MK- WI - J6NI TELEPHONE : 414 - 765 - 4020 777 EAST WISCONSIN AVENUE FACSIMILE : 414 - 765 - 6207 MILWAUKEE , WISCONSIN 53202 06 / 17 / 09 MAYOR AND ALDERMEN UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE , IL 60560 ATTENTION : CITY CLERK RE : STANDBY LETTER OF CREDIT NUMBER SLCWMIL02396 SUBDIVISION NAME : LOT 3 MENARDS COMMERCIAL COMMONS , 5TH ADDITION AMOUNT : USD 5 , 222 . 00 ACCOUNT OF : GOODWILL INDUSTRIES OF SOUTHEASTERN WISCONSIN , INC . 6055 N . 91ST STREET MILWAUKEE , WI 53225 AS PER TERMS AND CONDITIONS OF THE SUBJECT STANDBY LETTER OF CREDIT , THIS IS YOUR 90 DAY NOTICE THAT THIS CREDIT WILL EXPIRE ON SEPTEMBER 30 , 2009 . SHOULD YOU HAVE ANY QUESTIONS REGARDING THIS MATTER , PLEASE FEEL FREE TO CONTACT ANDREW CICERO AT 414 - 765 - 4020 . REGARDS , U . S . BANK NATIONAL ASSOCIATION AUTHORIZED SIG TURE AGC5 CC : GOODWILL INDUSTRIES OF SOUTHEASTERN WISCONSIN , INC . 6055 N . 91ST STREET MILWAUKEE , WI 53225 ATTN : CHARLES STADLER CC : CHRIS RAHN FAX : X5425 `CEO CI).y Reviewed By: Agend„a Item Number J= a )i'- -.0 Legal El Ft 5 ESL 1836 Finance ❑ (vz)o9 i Engneer � Tracking Number 0 I� City Administrator Consultant ❑ ❑ �pW ao . Y73 Agenda Item Summary Memo Title: Fox Road LAPP Project—Change Order#3 Meeting and Date• August 18, 2009 Public Works Committee Synopsis: Recommend approval of balancing Change Order#3 in the amount of a$19,986.35 decrease. 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: `,�e,D cip t o Memorandum esr. , 1836 To: Brendan McLaughlin, City mini .4 ngineer -� From: Joe Wywrot, City E 09 L- �_ p CC: Lisa Pickering, Deputy City I k �W CE Date: August 12, 2009 Subject: Fox Road LAPP Project—Change Order#3 Attached find one copy of proposed Change Order#3 for the referenced project, This change order, in the amount of a$19,986.35 decrease, is the final balancing change order for all awarded pay items. See the attachment to the change order for explanations regarding the more substantial changes in quantities. Please note that we are still waiting for IDOT approval of hourly rates for Change Order#2, so we don't have a final contract amount yet. I recommend that Change Order#2 for the Fox Road LAPP Project(IDOT Contract#87377) in the amount of a $19,986.35 decrease,be approved. Please place this item on the August 18, 2009 Public Works Committee agenda for consideration. Illinois Department Authorization No. 3 Authorization of of Transportation Sheet 1 of 4 Contract Changes Date: 07/31/2009 EV Contract Adjustment [VI FHWA-Exempt County: Kendall Operational Change Order ❑ Non-Exempt Section: 08-00037-00-RS (Yorkville) ❑ Non Operational Change Order id Consultant ❑ Major Change Route FAU 2516 (Fox Road) ❑ Minor Change 03 �I InHouse District: Contract: 87377 Job No.: C9302009 Consultant's Name: Engineering Enterprises, Inc. Project No.: M-9003(17) Contractor: Aurora Blacktop Address: 1065 Sard Avenue Montgomery IL 60538- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed. The estimated quantities are shown below at the awarded contract prices except as indicated. The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. I ICat Pay Item Unit Quantity Unit Price A/D Addition Deduction FA ID: L230U01 CCS Code 093I00 20700110 33 POROUS GRAN EMBANK TON 300.000 50.0000 D $0.00 $15,000.00 20800150 33 TRENCH BACKFILL CU YD 23.000 30.0000 A $690.00 $0.00 21001000 33 GEOTECH FAB F/GR STAB SQ YD 822.000 2.2500 D $0.00 $1 ,849.50 21400100 33 GRADING & SHAP DITCH FOOT 26.000 15.0000 D $0.00 $390.00 28100107 33 STONE RIPRAP CL A4 SQ YD 6.000 30.0000 A $ 180.00 $0.00 28200200 33 FILTER FABRIC SQ YD 6.000 10.0000 A $60.00 $0.00 40600100 33 BIT MATLS PR CT GALLON 2,617.000 3.7500 D $0.00 $9,813.75 Illinois Department Authorization No. 3 Authorization of Of Transportation Sheet 2 of 4 Contract Changes Date: 07/31/2009 D Contract Adjustment ��; FHWA-Exempt County: Kendall ❑ Operational Change Order irl Non-Exempt Section: 08-00037-00-RS (Yorkville) Non Operational Change Order _ J Consultant I_! Major Change Route FAU 2516 (Fox Road) Minor Change District: 03 L] Inliouse Contract: 87377 Job No.: C9302009 Consultant's Name: Engineering Enterprises, Inc. Project No.: M-9003(17) Contractor: Aurora Blacktop Address: 1065 Sand Avenue Montgomery IL 60538- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed. The estimated quantities are shown below at the awarded contract prices except as indicated. The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat Pay Item Unit Quantity Unit Price A/D Addition Deduction 40600300 33 AGO PR CT TON 65.000 25.0000 D $0.00 $1 ,625.00 40600625 33 LEV BIND MM N50 TON 189.000 68.4000 A $ 12,927.60 $0.00 40600982 33 HMA SURF REM BUTT JT SO YD 217.000 10.0000 A $2, 170.00 $0.00 40800050 33 INCIDENTAL HMA SURF TON 10.000 105.0000 D $0.00 $1 ,050.00 44004610 33 SIDEWLK REM & REPL SP SO FT 58.000 6.7500 D $0.00 $391 .50 44201717 33 CL D PATCH T2 6 SO YD 87.000 45.0000 D $0.00 $3,915.00 44201721 33 CL D PATCH T3 6 SO YD 95.000 45.0000 A $4,275.00 $0.00 44201723 33 CL D PATCH T4 6 SQ YD 59.000 35.9000 A $2,118. 10 $0.00 Illinois Department Authorization No. 3 Authorization of of Transportation Sheet 3 of 4 Contract Changes Date: 07/31/2009 ik, Contract Adjustment V, FHWA-Exempt County: Kendall ❑ Operational Change Order I I Non-Exempt Section: 08-00037-00-RS (Yorkville) ❑ Non Operational Change Order Major Change Route FAD 2516 (Fox Road) J Consultant District:a�_VI Minor Chan g 03 (] InHouse Contract: 87377 Job No.: C9302009 Consultant's Name: Engineering Enterprises, Inc. Project No.: M-9003(17) Contractor: Aurora Blacktop Address: 1065 Sard Avenue Montgomery IL 60538- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed. The estimated quantities are shown below at the awarded contract prices except as indicated. The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat Pay Item Unit Quantity Unit Price A/D Addition Deduction 48102100 33 AGG WEDGE SHLD TYPE B TON 119.000 25.0000 A $2,975.00 $0.00 60266600 33 VALVE BOX ADJ EACH 4.000 350.0000 A $1,400.00 $0.00 70300100 33 SHORT-TERM PAVT MKING FOOT 1 ,768.000 0.5000 D $0.00 $884.00 70301000 33 WORK ZONE PAVT MK REM SOFT 703.000 2.0000 D $0.00 $1 ,406.00 78000200 33 THPL PVT MK LINE 4 FOOT 514.000 0.5500 D $0.00 $28170 78000400 33 THPL PVT MK LINE 6 FOOT 60.000 1 .5000 A $90.00 $0.00 78100100 33 RAISED REFL PAVT MKR EACH 7.000 210.0000 D $0.00 $1 ,470.00 X0321556 33 SANITARY MANHOLE ADJ EACH 1 .000 650.0000 D $0.00 $650.00 OV Illinois Department Authorization No. 3 Authorization of of Transportation Sheet 4 of 4 Contract Changes Date: 07/31/2009 ❑V Contract Adjustment V1 FHWA-Exempt County: Kendall Operational Change Order ❑ Non-F,xempt Section: 08-00037-00-RS (Yorkville) ❑ Non Operational Change Order Consultant 1 � Major Change Route FAU 2516 (Fox Road) 1 IntIouse U Minor Change District: 03 Contract: 87377 Job No.: C9302009 Consultant's Name: Engineering Enterprises, Inc. Project No.: M-9003(17) Contractor: Aurora Blacktop Address: 1065 Sard Avenue Montgomery IL 60538- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed. The estimated quantities are shown below at the awarded contract prices except as indicated. The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat Pay Item Unit Quantity Unit Price A/D Addition Deduction X6063401 33 COMB CC&G TM4. 12 FOOT 3000 27.0000 D $0.00 $81 .00 XXOOfi425 33 RESTORATION SO YD 359.000 7.9000 D $0.00 $2,836.10 20064000 33 SCAR-REGRAD ASPH SURF SQ YD 1 ,394.000 3.7500 D $0.00 $5,227.50 Amount of Original Contract: $369,895.80 Totals: $26,885.70 $46,872.05 Net Change To Date: $101 ,331 .15 Percent Change: 27.39% Net Change: -19,986.35 Project Location: Fox Road Illinois 47 to Poplar Drive THE STATE OF ILLINOIS By the Department of Transportation Description SEE ATTACHMENT and Reason: Gary Hannig, Secretary Date By Christine M. Reed, Director of Highways,Chief Engineer Determination: (G1 ) The undersigned determine that the change is germane to the original contract as signed, because Ann L. Schneider, Director of F&A provision for this work is included in the original contract. Date Ellen Schanzle-Haskins, Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction W Wywrot Date Director of Highways Chief Engineer 9 Resident Date FHWA Acceptable to Proceed: ❑ yes ❑ No FHWA Participation: ❑ yes ❑ No FHWA Representative Date Print Date: 08/12/2009 BC 22 (Rev. 12/07) CONTRACT #87377 ATTACHMENT TO AUTHORIZATION #3 This authorization balances out all pay items, with the exception of the extra work change order (#2) with regards to the removal of existing concrete encountered at the proposed flow line of the 54" storm sewer. That change order (#2) will be processed when final bills are received. The current estimate is approximately $3600. 20700110 POROUS GRANULAR EMBANKMENT 2 100 1000 GEOTECH FABRIC FOR GROUND STABILIZATION These items were not needed based on existing conditions in the patching areas and are therefore eliminated. 40600625 LEVEL BINDER MM N50 Additional quantity was necessary for crown correction and to ensure proper cross slope. The recycling evened many of the arts, but due to the severity of deterioration of the existing roadway, was unable to achieve proper cross slope and still properly scarify the existing surface. All other items are final balancing and are based on final measurements. `QED C/r� Reviewed By: Agenda Item Number Legal ❑ l �D EST. 1836 Finance ❑ 1`�1 � Engineer Tracking Number City Administrator ❑ Consultant O PW )D(23 -21 Agenda Item Summary Memo Title: Westbury East Village (Unit l)—Vendor Claims Meeting and Date: August 18, 2009 Public Works Committee Synopsis: Recommend calling the bonds for this development in the total amount of $1,310,130.98. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ? o Memorandum ESI 896 To: Brendan McLaughlin, City dmin'str .0 l� y From: Joe Wywrot, City Engineer U/ p CC: Kathy Orr, City Attorney IE Date: August 10, 2009 Subject: Westbury East Village (Unit 1)—Vendor Claims We have received claims from vendors for the referenced development in the amount of $2,399,400.91. Please refer to the attachment for details. When we received the first claim (from Pirtano) we treated it similar to a bond reduction, keeping a certain amount in those bonds to guarantee completion of any punchlist items and for work not yet performed. We did not,therefore, demand the full amount of Pirtano's claim from the bond company. The final plat of subdivision for Unit 1,however, has not been recorded yet. Therefore the city is in the position of being able to require new bonds to be established when the developer is ready to record the plat. Consequently I recommend that we only hold back 20%of the full bond amounts to cover any expenses that the city may have related to punchlist work or other expenses related to this development. I recommend that we make demand for payment against the bonds from American Southern Insurance Company totaling $1,310,130.98 as described in detail in the attachment. Since we have multiple claims totaling more than the amount available for some of the bonds, our city attorney should provide direction regarding how the bond funds should be distributed. Please place this item on the Public Works Committee agenda of August 18, 2009 for consideration. Westbury East Village (Unit 1 ) 10-Aug-09 Vendor Date Received Claim Amount For Pirtano Construction Co. 27-Apr-09 $480,670.00 Storm Sewer Pirtano Construction Co. 27-Apr-09 $333,052.00 Watermain Pirtano Construction Co. 27-Apr-09 $276,533.00 Sanitary Sewer Ryan Incorporated Central 18-May-09 $5139076.41 Earthwork Aurora Blacktop, Inc. 29-May-09 $555,335.90 Streets Falcon Consulting, Inc. 13-Jul-09 $28,375.80 Consulting — sanitary sewer Falcon Consulting, Inc. 13-Jul-09 $30,000.00 Consulting — watermain Falcon Consulting, Inc. 13-Jul-09 $49,492. 10 Consulting — storm sewer Falcon Consulting, Inc. 13-Jul-09 $57,310.25 Consulting — streets Falcon Consulting, Inc. 13-Jul-09 $12138.80 Consulting — erosion control Falcon Consulting, Inc. 13-Jul-09 $22190.00 Consulting — landscaping Falcon Consulting, Inc. 13-Jul-09 $72,226.65 Consulting - earthwork Total $2,3991400.91 Westbury East Village (Unit 1 ) 10-Aug-09 Original Minimum 20% Available Vendor Bond Demand Recommended Total demand Remaining Bond No. For Bond Amount retamage for city for vendors Claim(s) Again si previously made additional demand to date bond amount 98815012754 Earthwork $1 ,035,000.00 $207,000.00 $828,000.00 $585,30106 $0.00 $585,303.06 $585,303.06 $449,696.94 B9881 501 51 31 Sanitary Sewer $276,533.00 $55,306.60 $221 ,226.40 $304,908.80 $206,695.18 $14,531 .22 $221 ,226.40 $55,306.60 98815015132 Watermain $333,052.00 $66,610.40 $266,441 .60 $363,052.00 $215,458.26 $50,983.34 $266,441 .60 $66,610.40 98815015133 Storm Sewer $480,670.00 $96,134.00 $384,536.00 $530,162.10 $341 ,197.59 $43,338.41 $384,536.00 $96,134.00 98815015134 Streets $888,735.00 $177,747.00 $710,988.00 $612,646.15 $0.00 $612,646.15 $612,646.15 $276,088.85 98815015135 Street Lighting $73,689.00 $14,737.80 $58,951 .20 $0.00 $0.00 $0.00 $0.00 $73,689.00 98815015136 Erosion Control $14,823.00 $2,964.60 $11 ,858.40 $1 ,138.80 $0.00 $1 ,138.80 $1 ,138.80 $139684.20 98815015143 Landscaping $429.379.00 $85,875.80 $343.503.20 $2.190.00 $0_00 2$ .190.00 $2,190.00 $427.189.00 Totals $3,531 ,881 .00 $706,376.20 $2,825,504.80 $2,399,400.91 $763,351 .03 $1 ,310,130.98 $2,073,482.01 $1 ,458,398.99 LAW OFFICES DONNELLY , LIPINSKI & HARRIS , LLC 29 SOUTH LASALLE STREET, SUITE 12 10 CHICAGO , ILLINOIS 60603 PATRICK G. DONNELLY MARC S. LIPINSKI TELEPHONE: (3 1 2) 564-5200 ORLAND PARK OFFICE TMOTHY J. HARRIS Fm- (3 1 2) 564.5230 10775 W, 163"0 PLACE ORLAND PARK, IL 60467 ELIZABETH J. SENK (708) 478- 1 168 BRYAN D. GERDRACHT WWW.DLHLAWOFFICES.COM MARC S. LIPINSKI DIRECT: (31 2) 564-5205 MLIPINSKIQO DLHLAWOFFICES.COM July 13 , 2009 VIA FEDERAL EXPRESS Ms. Jackie Milschewski City Clerk United City of Yorkville 800 Game Farm Road Yorkvillle, Illinois 60560 Re: Westbury East Village, Ocean Atlantic/PFG-Westbury, LLC, owner Subdivision hnprovement Bond Nos. B98815015131 , B98815015132, 1398815015133, 1398815015134, B988150151361 B98815015143 and B98815012754 Dear Ms. Milchewski: The undersigned is counsel for Falcon Consulting Enterprise, Inc. ("Falcon"). Falcon furnished superintendent's services for the improvement of Westbury East Village, pursuant to a written contract with Ocean Atlantic Development Corporation. Falcon is a party to the lawsuit entitled Kennedy Funding, tnc. v. Ocean Atlantic/PFG- Westbury, LLC, Case No. 2007 CH 0445 in the Circuit Court of the Sixteenth Judicial Circuit, Kendall County, Illinois (the "Lawsuit"). Falcon has a pending amended counterclaim and third party complaint in the Lawsuit, for the foreclosure of its mechanics lien against Westbury East Village, arising out of non-payment for Falcon's services. Falcon hereby submits its claim in the amount of $240,733.60 plus interest and costs to the United City of Yorkville, in connection with the above-referenced bonds for subdivision improvements for Westbury East Village. The principal amount of this claim broken down as follows: Ms. Jackie Milschewski City Clerk July 13, 2009 Page 2 a. Bond No. 98815015131 (sanitary sewers) - $28,375.80 b. Bond No. 98815015132 (water main) - $30,000.00 G. Bond No. 98815015133 (storm sewers) - $49,492.10 d. Bond No. 98815015134 (streets) - $57,310.25 C. Bond No. 98815015136 (erosion control improvements) - $ 1 ,138.80 f. Bond No. 98815015143 (landscape improvements) - $2,190.00 g. Bond No. 98815012754 (mass earthwork, including detention basin) - $72,226.65 With respect to Bond No. 98815012754, the improvements which are the subject of Falcon's claim consist of mass earthwork, including a detention basin, and were made on property located within Westbury, East Village, Phase I, and on other property within Westbury East Village that is adjacent to Phase I. All of this work benefitted Phase 1 , and it is therefore submitted that this work, in its entirety, falls within the terms of this bond, notwithstanding the fact that this work also benefitted adjacent property within Westbury, East Village. DONNELLY, LIPINSKI & HARRIS, LLC arc S. Lipinski cc: Kathleen Field Orr City Attorney I i DICKSON n HASENBALG AttorneysatLaw i I i May 29, 2009 VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED: 917108 2133 3933 7674 3903 I I Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Kennedy Funding, Inc. v. Ocean Atlantic/PFG-Westbury, LLC, at al. Case No.: 07 CH 0445 Gentlemen: I Our office represents Aurora Blacktop Company, Inc. ("Aurora Blacktop"). Please allow this correspondence to serve as our client's formal request that the City of Yorkville ("Yorkville") call, on Aurora Blacktop's behalf, Subdivision Bond No. B98815015134 in the amount of $888,735.92 Issued by American Southern Insurance Company ("American Southern"), and guaranteeing pavement Improvements on Ocean Atlantic's Westbury Project, located at the southwest comer of Route 47 and Galena Road in Yorkville. ("the Property"). A copy of the bond which has the Engineer's estimate attached is enclosed for your review and reference. I have also enclosed for your review and reference a copy of Aurora Blacktop's Verified Counterclaim and Third-Party Complaint ("the Complaint") foreclosing on a mechanic's lien Aurora Blacktop holds on the Property, together with an Order entered by Judge McCann on December 9, 2008, entering judgment in favor of Aurora Blacktop against Ocean Atlantic. The Information contained in the Complaint (which also asks for money damages in the amount of $555,335.90) and the exhibits attached to it verify Aurora Blacktop's interest in the Property and the work it performed on the same, and documents Ocean Atlantic's default under subparagraph 5 of the applicable default provision set forth in the above-mentioned bond. Subparagraph 5 states: It is agreed that the following shall be considered a default by [Ocean Atlantic] and shall entitle [Yorkville] to make demand on this Subdivision Bond; that [Yorkville] has determined thatthe public improvements orother improvements covered by this commitment have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties. From the attached documentation, it seems clear that Aurora Blacktop completed work several years ago, the work was completed by Aurora Blacktop without the involvement of any other subcontractors, and that the claimed amount, $555,335.90 is less than the amount of the bond. 2000 W. Galena Blvd. • Suite 305 • Aurora, IL 60506 • Phone : 630. 859. 3300 • Fax : 630.859.3375 Mayor and Aldermen City of Yorkville May 29, 2009 Page Two That being said, several items from the Engineer's estimate have yet to be completed. They are numbers 2, 7, 9, 10 and 12 from the Engineer's estimate, totaling $225,988.75 (110% of this amount would equal $248,587.63). When 110% of the estimated cost of these uncompleted items is subtracted from the face amount of the bond, the difference is still more than the amount of our client's claim. Thus, we request that the demand be for the full amount due of $555,335.90, J. without reduction for retention or for the costs of uncompleted pavement improvements. Such Items, if applicable at all at this date, would be covered by the remaining balance on the bond. Should any questions, comments or concerns arise regarding this petition, I ask that I please be � contacted to discuss the same. Likewise, if a formal vote by Yorkville's Board is necessary to make such a demand, I ask that I be notified of the date, time, and place of the vote so I may be present. Moreover, I ask that 1 please be provided a copy of any and all correspondence between Yorkville and American Southern regarding the requested demand. Yorkville's attention to this matter is greatly appreciated. V'tru'y ycursg Craig . Has nbalg Enclosures cc: Kathleen Field Orr Kathleen Field Orr & Associates 180 N. Michigan Avenue - Suite 140 Chicago, IL 60601 PMOMEytrandssenVwmm SladcloptYoftflle Ltr-05.29.0e.wpd s . lip Tf I1 )CIRCUIT.i�Or�lt'f f�0 t 'I'wsv eEKf#J ] t - u-- t CIRCUIT KfataD,ALL COUNT , (dE3N f f0 e—ed Fs � C+ti �C �2p Vs [+LAfNTIk) (5) bFiFENbj1TiT(, CG.VRT t'f IP '«, 4 s JUDOS Y11 a REPC1$ IfiR IEft Y A diy of 0us other �� " f Y� �Ft1zCK `PR6S CV 6fifE InjBld6e setuii s Au lips kcett sealt: 5 k� ur l Fs: i 1�ainG[f 1Sr6 Se ti{ 1n t3�en Gnurt ❑ lfes Yom_ 1Fefcnslant furesettt imoo .CI 1(qg, : t i {Tf liy atttimer s� alwais) 9 FIB ED NOR NrGQt7F , D D Q Zb0$ ' r C] tf1�1Ti1C7NDGM ,T CfVISG`. 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' ' Date. 1 —D 'kn noel. lr __ '�1t8CE11P7 r\CKNOWtEbGD LYMAN & NIELSEN, LLC :\TTO NE YS ATLA\\' -t IK, I W 22NDS'IREE17, St1IT[i 914 ;t • t a a tm � OAK BROOK, ILLINOIS 60521."IS 1;�nnr)+c,. i . ,;; t;. . •, l \�{dsur: �� ntelnuannielsru.cun� nnat r " � �m o TEL: (630) 575-OCK FAX: (5+G) 575�G)99 IF mnl- µucl%0<(1 bau. nnmhar _ ..m Nlav 18, 2009 Ms. Valerie Bard. Mayor Jackie Nlilsehewsl i, City Clerk United City of Yorkville United City of Yorkville 800 Game Farm Road 800 Game Farm Road Yorkville . IL , 60560 Yorkville, 4L . 60560 Re : Westbury, East Village Subdivision bonds Claimant: Ryan Incorporated Central Dear 1V/layor Bird and Ms. Milschewski : Our firm represents Ryan Incorporated Central ( "Ryan"). a mass Iflrading and csc:n atim_ eonuaetor that Supplied labOl.and material to the Westbury East Village project in Yorkville. IL under a contract kith the developer. Ocean Atlantic . It has curve to my attention that there are variou> open bonds related to the Mork of Ryan that provide for payment in the event the impi'm emenh "have been or are likely to be the subject of liens or other claims by contractor;, subcontractor . . . The Westbury East Village project is currently the subject of multiple lien claims n1 cunn'actors and;or subcont'aclors, including Ryan. Attached is a copy of Ryan ' s Counterclaim for Foreclose its Mechanics Lien claim in connection with the Westbury East Village properly. The Counterclaim includes a cope of Ryan ' s Tien claim in the amount of 5513,076.41 . Also attached to Ryan 's Counterclaim is a Promissory Note executed by the developer acknowledging the debt . Demand is hereby made ml the City of Yorkville to declare a default under these subdivision bonds in order that Ryan be paid the amount if its claim related to the work on the Westbury Village East project . Please feel free to contact the undersigned to discuss this matter further. Vcry truly yours. VI If S: Ni - sen LLC I muter , Nielsen JAN slf Lnelosures cc : Brian Ilaurylak , American Southern Insurance Companies. 3715 Nurthstde Park\\m . Building 400, R"' floor. Atlanta. GA 30327 \dint R.\ an. Prc,ident. Ryan Incorporated 0111 al . 2100 Racine titrert . .hutc. illy. WI �34;4i index number 02-08-400-004 and 02-08-200-013 and which is hereinafter together with all improvements referred to as the "Premises." 2. On a date unknown to Lien Claimant, Owner, or one knowingly permitted by the Owner to do so entered into a contract with Contractor wherein Contractor was to provide labor, materials and equipment for the construction of a residential development, alterations and improvements to and for the benefit of the premises. 3 . By contract dated July 16, 2005, Lien Claimant made a written contract with Ocean Atlantic Development Corporation, who may be a Contractor, a Construction Manager or one authorized or knowingly permitted by the Owner to make such contract with Lien Claimant for certain site mass grading on said Premises for agreed unit prices subject to determination of project quantities 4• The total price for the base contract work performed by Lien Claimant in connection with the project is $ 1 ,216,439.80. 5. At the special instance and request of Ocean Atlantic Development Corporation, Lien Claimant furnished extra and additional materials and extra and additional labor for the Premises of the value of $ 14,266.63. 6. On September 27, 2007, Lien Claimant substantially completed labor, material and equipment having the value of $ 1 ,203,706.43 . Lien Claimant was excused and/or prevented from performing all of its base contract work based upon Ocean Atlantic Development Corporation and/or the Owner's breach of Lien Claimant's contract and failure to perform. 7. Owner and Ocean Atlantic Development Corporation are entitled to credits on account thereof as follows, to wit: payments as follows: $717,630.02 leaving due unpaid and owing to Lien Claimant, after allowing all credits, the balance of$513,076.41 for which, with interest, Lien Claimant claims a Mechanics Lien on said Premises. 8. Notice has been duly given to Owner, the Lenders and the Contractor as required by the Illinois Mechanics Lien Act, 770 ILCS 60/24. On information and belief notice has also been given to the Owner and others pursuant to 770 ILCS 6015. Ryan Incorporated Central By: ��. �— Adam Ryan, Vice Fresic[en and General Counsel Page 2 of 3 plus an Exhibit A PUG-22,-2087 09 : 14 FROM: RYAN P CENTPRL 15087542293 '0: 916305750999 P : 2/3 PROMISSORY NOTE $5513, 076.41 CITY OF ALEXANDRIA, VIRGINIA January24, 2007 For value received, the undersigned, "Obligor" herein, promises to pay to Ryan Incorporated Central ("Hoiden") at the address appearing below, the sum of five hundred and thirteen thousand seventy six dollars and 41/100 ($5131076.41 ) with interest on the principal balance outstanding by the fifth of each month, from the date of the principal amount, of any part thereof, is advanced, at the rate of eight point seventy-five percent per annum (8.75%). Principle shall be due and payable in 90 days from the date hereof. All of the costs of collection of any amount due shall be paid by the Obligor. Costs of collection shall Include, without [Imitation, court costs, costs of service of process, and reasonable attorneys' fees, if any. All notices or demands and all payments shall be made or given to the respective obligor, or holder, at the respective address given below or at such other address or addresses at to which notice may be given in writing: To the Obligor: Ocean Atlantic/PFG Westbury, LLC 1800 Diagonal Road Suite 350 Alexandria , VA 22314 To the Holder: Ryan Incorporated Central PO Box 206 Janesville, WI 53547 If to Guarantor: Ocean Atlantic Service Corporation 1800 Diagonal Road Suite 350 Alexandria, VA 22314 This Note is made, executed, and delivered in the City of Alexandria, Virginia; its terms are to be interpreted in accordance with the law of that state, and jurisdiction forany action shall be in that city without regard to the then residence of the Obligor. By: Ocean Atlantic/PFG Westbury, LLC _ By: John C Carroll, Presi ent To induce Holder to enter into the above referenced note (the"Note"), Guarantor hereby guarantees the prompt payment of any amounts due bythe Obligor under the Note, including, but not limited to, any amounts for all the cost of collections as defined in the Note. Guarantor agrees to pay such obligations upon demand by Holder. This guarantee shall apply to any indebtedness of the obligor to Holder under the Note and shall be valid Fg 1 EXHIBIT VP AWG-2,2-2007 09: 14 FROM : RYAN CENTRAL 16007542293 T0 : 916305750999 Pc3/3 and continuous without further notice to Guarantor. Guarantor is fully aware of the financial condition of the Company and delivers this Guarantee based solely on its own independent investigation of the Obligor. Guarantor assumes full responsibility to obtain information about the Obligor without reliance on Holder and accepts the full range of risk associated with this guarantee. To the extent permitted by law, Guarantor expressly waives: (i) the notice of any default under the Note, (ii) all diligence of collection and presentment, demand, notice and protest, and (iii) all other legal and equitable surety defenses. Guarantor may not make any claim against the Obligor for contribution, subrogation or indemnification until Holder has been paid in full under the terms of the Note, Guarantor agrees that this Guarantee binds its officers, directors, shareholders, successors and assigns. Guarantor: Ocean Atlantic Service Corporation, A Virginia corporation By: John C Carro , 'President LYMAN tk NIEL,SEN, LLC ATTORNEYS AT L.a\C' I ;C1A' 2 Np 57REET, SU(TF 't I 1 1171 , , : , �.. . 1a:1 . .a nrr OAK BROOK, ILLINOIS 00523-1� IS �:lrnvnwrlr >` 1 . 1,11 vu \X'Vbsae: vru �ch�uaunielscu.com fill !0 , r •, r vAFRO TL- I_: (630) 575-032 FAX. (51C) 375-0999 L m.nh puc6rnGr rnzuuiirar .am iNlay Ii , Z009 GIs. Valerie Burd, Mayor tackle Milschewski, City Clerk United City of Yorkville United City of Yorkville 800 Game Farm Road 800 Game Farm Road Yorkville . IL, 60560 Yorkville, IL , 60560 Re: Westbury, Cast Village Subdivision bonds Claimant : Ryan Incorporated Central Dear Mayor Bird and Ms. Milsehevyski : Our firm represents Rvan Incorporated Central ( °Ryan'), a mass grading and excaNatinT contractor that supplied labor and material to the Westbury HUM Villai-le project in lorkville. 1L Wider a contract with the developer, Ocean Atlantic. It has collie to my attention that there arc various open bonds related to the work of Ryan that provide for payment in the event the impmv ements '•have been or are likely to be the subject of liens or other claints by contractors. subcontractor The \\'estbury Fast Village project is currently the subject of multiple lien claints of cotitratctors andior subcontractor's, including Ryan. Attached is a copy of Ryan ' s Counterclaim for Foreclose its Mechanics Lien claim in connection with the Westbury East Village properly. The Counterclaim includes a copy of'Ryan ' s lien claim in the amount of'$513,076.41 . Also attached to Ryan 's Counterclaim is a Promissory Note executed by the developer acknowledging the debt. Demand is hereby made on the City of Yorkville to declare a default under these subdivision bonds in order that Ryan be paid the amount if its claim related to the work on the Westbury Village East project . Please feel free to contact the undersigned to discuss this matter further. Very trill \'ours. FS: LLC n IAN slf 1 : 11dosures ce: Brian I fAlrylak, American Southern Insurance Companies, 3715 Northsnle Parkmiv'. Building 400. 8" floor, Allanla. GA 31 327 1d:un R\ all. PIC]IdCI1L Ryan Incorporated CemI :1I , 2 100 Racine Strecl . .lanc>% iIIe, W1 `3545 2007ru)03,t230 Filed For Record in STATE OF ILLINOIS ) KENDALL r:OUNT'(r ILLINOI5 FENNETTA 5 NICKELSON SS . 11 -27-2007 At ii3 : w' om . COUN'I'1' OFKENDALL NECH LIEN 41 , ii0 RHSF Surcharge ORIGINAL CONTRACTOR'S CLAIM FOR LIEN [PRIVATE CONSTRUCTION] THE UNDERSIGNED LIEN CLAIMANT, Ryan Incorporated Central with offices at 2700 E. Racine Street, Janesville, Wisconsin 53545 ("Lien Claimant"), hereby files a clam for Mechanics Lien against Ocean Atlanfic/PFG Westbury, LLC of 1800 Diagonal Road, Alexandria, Va 22314 (hereinafter referred to as "Owner"); Ocean Atlantic Development Corporation, of 1800 Diagonal Road, Alexandria, Va 22314 (hereinafter referred to as "Contractor)"); Old Second Bank of Yorkville of 102 East Van Emmon Street, Yorkville, IL 60560; Thomas G. Richardson of 6411 SW 98" Street, Miami, FL; Augusto Vidaurreta of 2817 Lake Avenue, Miami Beach, FL; Equivest , LLC of 74900 Highway 111 , Suite 127, Indian Wells, CA 92210; Songbird Investments LLC, a Delaware LLC of 6321 S. Newport Court, Englewood, CO 80111 ; Kennedy Funding, Inc., as Agent for certain lenders of Two University Plaza, Suite 402, Hackensack, New Jersey 07601 ; PMP-Ventures LLC-OA/South Village of 23 Corporate Plaza Drive, Suite 160, Newport Beach, CA 92626; PMP-Ventures LLC - Westbury/East Village 1I of 23 Corporate Plaza Drive, Suite 160, Newport Beach, CA 92626; Investors Mortgage Corporation on behalf of various individuals and entities, of 8879 W. Flamingo, Suite 101 , Las Vegas, NV 89147; USA Commercial Mortgage Company on behalf of various individuals and entities, 4484 S. Pecos Road, Las Vegas, NV 89121 (herein referred to as "Lenders") and all other persons or entities having or claiming and interest in the below described real estate, and in support thereof states as follows: 1 . On and before July 16, 2005, Owner owned the following described real estate in the County of Kendall County, State of Illinois, to wit: See legal description attached hereto as Exhibit A commonly known as Vacant Land on Route 47, Westbury Village, Yorkville, Illinois and/or State Highway 47 & Comeils Road, Yorkville, IL, which real estate has the following permanent 1 Contractor may also be a Construction Manager or one knowingly permitted or authorized to enter into a contract for improvements on the O1Vner'S behalf. Page [ of 3 plus an Exhibit A EXHIBIT a D 9 index number 02-08-400-004 and 02-08-200-013 and which is hereinafter together with all improvements referred to as the "Premises." 2. On a date unknown to Lien Claimant, Owner, or one knowingly permitted by tite Owner to do so entered into a contract with Contractor wherein Contractor was to provide labor, materials and equipment for the construction of a residential development, alterations and improvements to and for the benefit of the premises. 3 . By contract dated July 16, 2005, Lien Claimant made a written contract with Ocean Atlantic Development Corporation, who may be a Contractor, a Construction Manager or one authorized or knowingly permitted by the Owner to make such contract with Lien Claimant for certain site mass grading on said Premises for agreed unit prices subject to determination of project quantities 4. The total price for the base contract work performed by Lien Claimant in connection with the project is $ 1 ,216,439.80. 5. At the special instance and request of Ocean Atlantic Development Corporation, Lien Claimant furnished extra and additional materials and extra and additional labor for the Premises of the value of$ 14,266.63. 6. On September 27, 2007, Lien Claimant substantially completed labor, material and equipment having the value of $ 1 ,203,706.43. Lien Claimant was excused and/or prevented from perfonning all of its base contract work based upon Ocean Atlantic Development Corporation and/or the Owner's breach of Lien Claimant's contract and failure to perform. 7. Owner and Ocean Atlantic Development Corporation are entitled to credits on account thereof as follows, to wit: payments as follows: $717,630.02 leaving due unpaid and owing to Lien Claimant, after allowing all credits, the balance of$513,076.41 for which, with interest, Lien Claimant claims a Mechanics Lien on said Premises. 8. Notice has been duly given to Owner, the Lenders and the Contractor as required by the Illinois Mechanics Lien Act, 770 ILCS 60/24. On information and belief notice has also been given to the Owner and others pursuant to 770 ILCS 6015. Ryan Incorporated Central By. Adam Ryan, Vice Presider and General Counsel Page 2 of 3 plus an Exhibit A RUG-22--2007 09 : 1,1 FRON: RYRN I' CENTRAL 16087592293 `0 : 916305750999 p : 2f3 PROMISSORY NOTE $513, 078.41 CITY OF ALEXANDRIA, VIRGINIA January 24, 2007 For value received, the undersigned, "Obligor" herein Promises Incorporated Central ("Holder") at the address appearing below, the sumtof pay ve hu dred and thlrteen thousand seventy six dollars and 41/100 ($513, 076.41 ) with interest on the principal balance outstanding by the fifth of each month, from the date of the principal amount, of any part thereof, is advanced, at the rate of eight point seventy-five percent per annum (8.75%). Principle shall be due and payable in 90 days from the date hereof, All of the costs of collection of any amount due shall be paid by the Obligor, Costs of collection shall Include, without limitation, court costs, costs of service of process, and reasonable attorneys' fees, if any. All notices or demands and all payments shall be made or given to the respective obligor, or holder, at the respective address given below or at such other address or addresses at to which notice may be -liven in writing: To the Obligor: Ocean Atlantic/PFG Westbury, LLC 1800 Diagonal Road Suite 350 Alexandria, VA 22314 To the Holder: Ryan Incorporated Central PO Box 206 Janesville, WI 53547 If to Guarantor: Ocean Atlantic Service Corporation 1800 Diagonal Road Suite 350 Alexandria, VA 22314 This Note is made, executed, and delivered in the City of Alexandria, Virginia; its terms are to be interpreted in accordance with the law of that state, and jurisdiction forany action shall be In that city without regard to the then residence of the Obligor. By: Ocean Atlantic/PFG Westbury, LLC �J By: John C Carroll, Presi ent To induce Holder to enter into the above referenced note (the"Nate"), Guarantor hereby guarantees the prompt payment of any amounts due by the Obligor under the Note, including, but not limited to, any amounts for all the cost of collections as defined in the Note. Guarantor agrees to pay such obligations upon demand by Holder. This guarantee shall apply to any indebtedness of the obligor to Holder under the Note and shall be valid EXHIBIT � I a AWG-2,2- 2007 09 : 14 FROM : RYAN CENTRAL 16007542293 TO : 916305750999 P : 3/3 and continuous without further notice to Guarantor. Guarantor is fully aware of the financial condition of the Company and delivers this Guarantee based solely on its own independent investigation of the Obligor. Guarantor assumes full responsibility to obtain information about the Obligor without reliance on Holder and accepts the full range of risk associated with this guarantee. To the extent permitted by law, Guarantor expressly waives: (i) the notice of any default under the Note, (ii) all diligence of collection and presentment, demand, notice and protest, and (iii) all other legal and equitable surety defenses. Guarantor may not make any claim against the Obligor for contribution, subrogation or indemnification until Holder has been paid in full under the terms of the Note, Guarantor agrees that this Guarantee binds its officers, directors, shareholders, successors and assigns. Guarantor: Ocean Atlantic Service Corporation , A Virginia corporation BY: <= _ John C Carro , Presi ent `,fie D CIP Reviewed By: Agenda Item Number J= ' 0n Legal ❑ OA k EST.. 7836 Finance ❑ Es 1 I�` Engineer 1 ul°y Tracking Number (q City Administrator ❑ Consultant ❑ <LE ��'y` ❑ Agenda Item Summary Memo Title: Kendallwood Estates—Alliance Contractors Claim Meeting and Date: August 18, 2009 Public Works Committee Synopsis: Recommend calling Castle Bank LOC#3000221071-901 in the amount of $9,024.60 for curbing constructed by Alliance Contractors, Inc. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP ,2 Memorandum b esr. To: Brendan McLaughlin, City Ndmi pig From: Joe Wywrot, City Engineer l 1 CC: Kathy Orr, City Attorney E ``'�C� Lisa Pickering, Deputy City Clerk Date: August 11, 2009 Subject: Kendallwood Estates—Alliance Contractors Claim Castle Bank LOC No. 3000221071-901 Attached find a Notice of Claim and an Agreed Judgment Order in the amount of$9,024.60 from Alliance Contractors, Inc. against the Kendallwood Estates developer. This work is guaranteed by Castle Bank LOC #3000221071-901. I called Alliance and found that they have not yet been paid. I attempted to contact Jaylar but no could not reach them. I recommend that the City Clerk be authorized to call Castle Bank Letter of Credit No. 3000221071-901 for Kendallwood Estates in the amount of$9,024.60. The basis for calling the LOC is that the city has determined that the public improvements or other improvements covered by the letter of credit have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties. Please place this item on the Public Works Committee agenda of August 18, 2009 for consideration. ZANCK, COEN & WRIGHT, P.C. ATTORNEYS AT LAW Thomas C. ZanW 40 arink street Catherine Keating Howard Patrick D. Coen Crystat Lake,Mania 60014 Jeremy W. Shaw James L. Wright 813459-8800 Jennifer L• J on Mark S. paladin Pax 813459.8429 Tamara A. MarskaR Jame G. Militetio in* Robin L. Perry N„ urea �xt w,a May 11 , 2009 rohn H. Boyd Ms. Kathleen Orr Kathleen Field Orr & Associates 180 N. Michigan Ave. Ste. 1040 Chicago, EL 60601-7421 Re: Alliance Contractors, Inc. v. Jaylar Corp., McHenry Co. Case No. 08 SC 4697 Dear Ms. Orr: I am contacting you as City Attorney for Yorkville regarding the above-referenced matter. Our client. Alliance Contractors, Inc., was a subcontractor hired by Jaylar Corporation to perform concrete work at the Kendall Woods Estate project. On May 8, 2009, judgment was entered in favor of our client against Jaylar Corporation in the amount of $9,024.60. It is my understanding that on or about February 20, 2008 Castle Bank issued an irrevocable Letter of Credit in favor of the City of Yorkville for the purpose of securing and paying for the installation of public improvements for this project. Accordingly, because our client installed curbs and gutters for this project, and because we have a judgment for the amounts that they are owed, we notify you in an attempt to resolve our claim without the necessity of ancillary proceedings, which would lead to further expense and time for all involved. I have also enclosed a copy of the Complaint file in the above-referenced matter as well as a copy of the judgment order. I look forward to hearing from you so that we may discuss resolution of this matter. Very truly yours, Z K, COEN UGgHT P.C. Je o on JLJ/amp Enclosures cc : Alliance Contractors, Inc. ? - Cl L21228E216 ' 00SSH • o • d • N wdbett 6000 ST aeW 11 IN THE CIRCUIT COtjRT OF TRE22t`'n 71JDICLAL CIRCUIT McHENRY COUNTY, ILLINOIS ALLIANCE CONTRACTORS, INC., ) an Illinois Corporation, ) } � IL190 Plaintiff, ) } vs. N o. 09 SC 4697 MAY _ 8 2009 ) Md xvlcry cmax JAYLAR CORPORATION, an Illinois ) Corporation, ) Defendant. ) AGREED NACA'FEN'P ORDER This matter coming before this Honorable Court for trial , the Court and all parties being du]y noticed and advised in the Premises, the Pasties h""R reached an accord, it is hereby ordered: Judgment hereby enters in favor of Plaintiff, ALLIANCE CONTRACTORS, INC-, and against Defendant, JAYLAR CORPORATION, in.the amount of $7,520.50 plus 51,504. 10 in interest on the past-due invoice, for a total judgment of $9,024.6D plus court costs, AGREED: \� layl Corporation Alliance Contractors, Inc. By: CaAwjA& W lu' Pee.ld :; lts: ENTERED : Date: May 8, 2009 Judge Prepared Bu: Jennifer L. Johnson Zanck, Caen; & Wright, P.C. 40 Brink Street Crystal Lake, IL 60014 (81. 5) 4594800 6 ' d L2122862TE ' OOSSH ' 0 ' d ' N WdbE : T 6002 ST Few IN THE CIRCUIT COURT OF THE M2 JUDICIAL CIRCUIT McHENRY COUNTY, ILLINOIS DEC S 8200 ALLIANCE CONTRACTORS, INC., ) Ka7xeuwena an Illinois Corporation, ) �� " } Plaintiff, ) c/ vs. JAYLAR CORPORATION, an Illinois } Corporation, and JASON A. HUMM, an ) Individual, ) Defendants. ) VERIFIED SMALL CLAIM COMPLAINT NOW COMES the Plaintiff; ALLIANCE CONTRACTORS, INC., an Illinois Corporation, by and through its attorneys, ZANCK, COEN, & WRIGHT, P.C., and complains of the Defendants, JAYLAR CORPORATION and JASON A. HUMNI, as follows: 1 , Plaintiff, ALLIANCE CONTRACTORS, INC. (hereinafter "Plaintiff'), is an Illinois corporation in good standing with its principal plane of business at 1166 Lake Avenue, City of Woodstock, McHenry County, Illinois. 2. Upon information and belief, Defendant JAYLAR CORPORATION (hereinafter "JAYLAR') is a corporation authorized to do business in the State of Illinois with its principal Place of business located at 483 Willow Street, Elbun 4 Illinois. 3, Defendant JASON A. HUMM (hereinafter "HUMM") is the President of JAYLAR and resides at 425 Maple Avenue, Elburn, Illinois, 4. The subject of this suit is a breach of a contract on a subcontract construction agreement which was prepared in and signed by Plaintiff in McHenry County, Illinois, therefore making McHenry County the proper venue for this action. b • d � 30ssd • 00d • A WdbE : T 6000 st- Few 5. on or about July 1, 2008, the parties entered into a contract (hereinafter "the Contract") the terms of which provided that Plaintiff would provide certain services to JAYLAR for the Kendall Woods Estate project located in Yorkville, Illinois. See the Contract, attached hereto and incorporated herein as "Exhibit A°' 6. The Contract provided that Plaintiff would provide 310 linear feet of concrete curbs and gutter at a price of $22.25 per linear foot, and the Contract specifically excluded layout, staking, testing, bonds, permits, fees, engineering, excavation and backfill, stone, traffic control devices, and winter protection. See "Exhibit A." 7. This proposal was accepted by HUMM. See "Exhibit A." 8. Plaintiff completed all of the work required by it under the Contract, providing 338 linear feet of the concrete curbs and gutter as agreed. 9. The total amount due for the work performed by Plaintiff pursuant to the Contract is $7,520.50. See Invoice No. X-818, attached hereto and "incorporated herein as "Exhibit B." 10. To date, Defendants have failed and refused to make any Payments toward the balance owed to Plaintiff. 11. The Plaintiff has made demands for payment, but the Defendants have refused those demands. 12. The Defendants have breached the Contract between the parties by failing to pay the Plaintiff for the services rendered under the Contract. 13. As a result of the Defendants' breach of the contract, the Plaintiff has suffered damages. 14, The Plaintiff has incurred costs as a result of the Defendants' breach of the contract 2 S ' d L212286216 ' OOSSd ' 00d ' N wdt- e : r 6002 SS FeW 15. The Contract provides for a twenty percent (20%) finance charge to be added to the unpaid invoice after thirty days. 16. From August 15, 2008 through December 159 2008, the accrued finance charge is $502.74. Finance charges continue to accrue at $4.12 per day. WHEREFORE, Plaintiff prays that this Court enter a judgment in favor of Plaintiff, ALLIANCE CONTRACTORS, INC., and against Defendants, JAYLAR CORPORATION and JASON A. HUNDA, for the following: A. For principal in the amount of $7,520.50; B. For late charges of 502.74; C. For further late charges that may accrue while this action is pending; D. For attorney's fees; E. For court costs; and, F. For such other relief this court deems just and equitable. COEN & WRIGHT. P.C. Atto eys r Plaintiff By: J " M.. 16h nson ttorney o. 6285184 7..ANCK, COEN & WRIGHT, P.C. Attorneys for Plaintiff ALLIANCE CONTRACTORS, INC. 40 Brink St. Crystal Lake, IL 60014 P: 815-459-8800 F: 815-459-8429 3 9 ' d L212286216 ' OOSSH ' 00d ' N WdbE : i 6002 91 Few STATE OF ILLINOIS ) SS COUNTY OF McHENRY ) Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true, Charles W, Ruth, President 4 L ' d LZTZZBEETE ' OOSSW 00 ' J ' N WdbE : T 6002 ST EaW , . JrA 110 LUM AVERUE WOOOSTOM ALLIANCE CONTRACTORISs INC ADDFMS FAX affs STATA JII ' MO=T len&H Woods EMes 1' i OF Gutter ContV 1 i Layozik MInFo ftstingt bonds pmmts hies, E=04fion ad bad&ll to +14.1 foot by others, No n l a hickdede No traffic convol dvvites Waded, No m=w u _. + r 1 mduded. Work to be completed duft 2009 co==*m scum Irinal amotuat a m ir .- by uaft price No • I oantmi devices I TOTAL m _ L • ' / . M SIGNXTURE NI •h OF . 1 , In - = udwhftw MeC VM ft 17EIT • • • • ALLIANCE CONTRACTORS, INC. 1166 LAKE AVENUE • WOODSTOCK, ILLINOIS 60098 OFFICE: 815/338-5900 FAX: 815/338-9109 Customer ID 3625 (Invoke X'$ 18 Date 07/11/2006 Page# 1 Jaytar Corp. Job ID 483 Willow Street Elburn, IL 60119 Phone (630)816-7002 Fax (630)365-3757 Kendall Woods Estates/Yorkvtge Description Quantity Ulm Price Total 86.12 Conc. Curb and Gutter 338.00 LF $22.25 $7,520.50 EXHIBIT Net Amount Due $7,520.50 6 ' d LalaaseZT £ ' OOSSH ' 0 ' d ' N Wdb£ : T 6002 ST aeW �`q�G4 �iTy Reviewed By: Agenda Item Number J f Ni A '%A Legal ❑ EST. , 1836 Finance ❑ Engineer Tracking Number p i GI City Administrator ❑ 9 ��" � Consultant ❑ t aco�' ? f <LE El Agenda Item Summary Memo Title: Grande Reserve— Reimbursement for Cost of Consultant Services Meeting and Date: August 18, 2009 Public Works Committee Synopsis: Recommend calling various Grande Reserve letters of credit to obtain reimbursement for cost of consultant services. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: T Memorandum ESL `=.. 1836 To: Brendan McLaughlin, City min(stra r 94 �y From : Joe Wywrot, City Engineer 0 fm CC: Lisa Pickering, Deputy City k o Travis Miller, Community Development Coordinator Date: August 13 , 2009 Subject: Grande Reserve — Reimbursement for Cost of Consultant Services Attached find a list of various invoices from Kathleen Field Orr & Associates and Engineering Enterprises, Inc. totaling $20,691 .74 for services performed for the Grande Reserve development. The cost of these services has been allocated to several different units within Grande Reserve. We have invoiced the developer several times and have not received payment. Since most of these units have established letters of credit, I recommend that we make demand on some of those letters of credit to reimburse the city for these costs. See the attachment for details. I recommend that we call the following LaSalle Bank letters of credit as described below: Letter of Credit No. Amount 5604197 $ 163 .74 5587890 $ 274.74 5587891 $ 163 .74 S590245 $5,865 . 12 5590244 $25927.26 5590434 $ 19970.59 5598664 $ 1 ,221 .46 S594383 $7,941 .39 Total $20,528 .04 Please note that Unit 2 does not have a letter of credit to make a demand against, therefore the total demand is less than the total amount of consultant invoices. Please place this item on the August 18, 2009 Public Works Committee agenda for consideration. Grande Reserve - Allocation of Unpaid consultant invoices to Pasquinelli-owned properties 12-Aug-09 Invoice Nos. Unit No. of Foreclosures 20080242 20080337 20080388 20080418 20080494 20080533 20080587 20090177 Totals Apply against LOC No. 2 28 $4.64 $159. 10 $163.74 N/A 5 52 $4.64 $159.10 $163.74 S604197 12 6 $4.64 $270.10 $274.74 S587890 13 12 $4.64 $159. 10 $163.74 S587891 14 22 $4.64 $960.99 $1 ,566.72 $1 ,590. 18 $1 ,026.63 $552.23 $5,701 .38 S590245 15 28 $780.22 $4.64 $1 ,590. 18 $552.23 $2,927.26 S590244 19 1 $4.64 $159.10 $163.74 S590245 20 27 $780.22 $4.64 $1 ,026.63 $159. 10 $1 ,970.59 S590434 22 20 $780.22 $4.64 $436.60 $15221 .46 5598664 23 113 $4.64 $960.99 $1 ,566.72 $3,659.76 $1 ,590. 18 $159. 10 $7,941 .39 S594383 Totals $2,340.66 $46.35 $1 ,921 .98 $3, 133.44 $3,659.76 $4,770.54 $2,053.26 $2,765.75 $20,691 .74 No. of Units Amount Invoice No. Invoice Amt. (including penalties) Units Referenced Pasguinelli Units Spread Against per Unit 20080242 $2,340.66 15520221 ,22 15,20,22 3 $780.22 20080337 $46.35 all 2,5, 12,1 3,14, 15,19,20,22,23 10 $4.64 20080388 $1 ,921 .98 14,18,23,25,26,27 14,23 2 $960.99 20080418 $3, 133.44 14,18,23,25 14,23 2 $1 ,566.72 20080494 $3,659.76 23126,27,28 23 1 $3,659.76 20080533 $4,770.54 14215718,22,25 14,15,22 3 $1 ,590.18 20080587 $2,053.26 14,18,20,21 ,25 14,20 2 $1 ,026.63 20090177 $2,765.75 See below Totals $20,691 .74 Cost from No. of Units Amount Invoice 20090177 KFO invoice Pasguinelli Units Spread Against per Unit $647.50 2,5112,13,14,15,19920,22,23 10 $64,75 $277.50 22 1 $277.50 $416.25 14,15 2 $208. 13 $92.50 14, 15 2 $46.25 $277.50 14, 15 2 $138.75 $92.50 2,5112213,14;1 5,19120,22,23 10 $9.25 $111 .00 12 1 $111 .00 $185.00 2,5,12, 13,14, 15,19,20,22,23 10 $18.50 $185.00 215, 12,13,14515119,20,22,23 10 $18.50 $111 .00 2,5, 12,1 3,14,15,19,20,22,23 10 $11 .10 $138.75 2,5,12,13,14,15,19,20,22,23 10 $13.88 $231 .25 2,5,12, 13,14, 15, 19,20,22,23 10 $23.13 Total $2,765.75 `'4'e D C/p` Reviewed By: Agenda Item Number J� 0a Legal ❑ # Finance ❑ EST. 1836 Engineer ❑ g Tracking Number City Administrator ❑ Consultant ❑ �kE �y� ❑ Agenda Item Summary Memo Title: Water Conservation Enhancements to Landscape Ordinance Meeting and Date: Public Works—8/18/09 Synopsis: Review and discussion of a text amendment recommended by the Yorkville Green Committee. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approve text amendment as outlined by the Green Committee Submitted by: Yorkville Green Committee Name Department Agenda Item Notes: See attached. oe p CITP �� IA Memorandum EsS ;. 1836 To: Public Works Committee From : Stephanie Boettcher, Senior Planner L CC : Lisa Pickering, Deputy Clerk (for distribution) " Date: July 16, 2009 �ILkE Subject: Water Conservation Enhancements to Landscape Ordinance One of the Yorkville Green Committee's main efforts has and continues to be promoting and improving water conservation in the City. A water conservation seminar was held in April of 2008, and most recently water conservation was one of the educational topics at the Environmental Fair in March 2009. Upon the heels of the Water Conservation Seminar, a water conservation plan was drafted by the committee in April 2008 and brought before the Public Works Committee on July 15, 2008 . This plan, attached, had two components: education and implementation efforts. Following the July 2008 Public Works meeting, staff prepared an informational memo, also attached, outlining the efforts already being done and providing feedback on the suggested implementation efforts. Upon hearing these comments, the committee still felt that changes were necessary to City ordinances and planned to continue their education efforts on the topic (as witnessed by the Environmental Fair). Former Alderman Bob Allen and staff, advised the committee to provide specific text amendments to City Ordinances as opposed to a general outline on how to conserve water in order to best achieve their goal. The recommendation prepared by the Yorkville Green Committee requesting a text amendment is attached. The text amendment to the Landscape Ordinance, redline version attached, requires new construction single family and duplex lots to each contain one shade tree per unit per the lot landscaping section of the Ordinance. Under the current ordinance, only multi-family and non- residential development must comply with the lot landscaping section. As stated in the original Water Conservation Plan prepared by the Green Committee, "Studies have shown that large trees intercept hundreds of gallons of rainfall in their crowns, reducing polluted runoff and flooding." The text amendment is intended to achieve this. `��D cir� °-o EST. 1 � ._.. 1836 Yorkville Green Committee Recommendation Form Aw ronI el Title: Revisions to Ordinance 2006- 136 Chapter 8- 12 Landscape Ordinance Date of Recommendation : Feb 28, 2009 Synopsis: The YGC' s proposed Water Conservation Plan of June 2008 mentioned several potential revisions to the existing Ordinances that should be considered, including this one. We recommend that the following changes be made to Chapter 8- 12: 1 . Section 2.4 — delete "other than single family detached residential and duplex developments" 2. Section 2.4.c — add new section "single family detached residential and duplex: One (1 ) shade tree per unit" Action Requested: Revise Ordinance as shown. Submitted by: Al Green agreen428 @sbeglobal.net Name Contact Information (email/phone) Richard Scheffrahn rscheffrahn @sbeglobal.net Name Contact Information (email/phone) Items Attached: None STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO.2006- 136 ORDINANGEAMIENDING, REPEALING, AND RESTATING ORDINANCE 2004 ee I INITCn f9TV Or,VORKN'11 1 4 LANDSCAPE ORDI U A NGE Revised Julv 16, 2009 (Title 8,Building Regulations,Chapter 12 Landscape Ordinance) SECTION 1:APPLICABILITY: 1. Existing buildings:All lots which have buildings constructed upon them prior to the date of this ordinance are exempt from the standards in this ordinance,except for any property which is being substantially redeveloped,rezoned,or which a special use is being requested. Substantial redevelopment consists of any construction activity that will result in a greater than 25%increase to the existing building square footage or the addition of twelve(12)or more parking spaces. If a property is being rezoned,or for which aspecial use request is being approved,the following landscape standards shall apply: a. Parkway Landscaping b. Perimeter Landscaping c. Parking Lot Landscaping—for the purpose of this category,parking lot landscaping requirements shall apply only to the construction of the new portion of a parking lot and shall not apply to existing parking lots. d. Storm Water Storage Basin Landscaping—for the purpose of this category,storm water storage basing landscaping.requirements shall apply only to the construction of the new portion of a storm water storage basin and shall not apply to existing storm water storage basins. 2. For a single detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity are as follows: 1. Parkway Landscaping 2. Lot Landscapine 3.Landscaping adjacent to Primary and Secondary Arterials and Collectors 34. Median Landscaping 45. Tree Preservation 1 3 For all other development, other than single family detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity are as follows: 1 . Parkway Landscaping 2. Perimeter Landscaping 3. Parking Lot Landscaping 4. Lot Landscaping 5. Storm Water Storage Basin Landscaping 6. Median Landscaping 7. Tree Preservation SECTION 2: LANDSCAPE AND TREE PRESERVATION REODIREMENTS: The following requirements in this section are cumulative: 1. Parkway Landscaping: a. For all single detached and duplex residential development, the minimum required number of parkway trees are as follows: Interior lots — one (1) tree per lot Comer Lots — two (2) trees per Lot (one tree per side) - All other lots — (such as parks and retention/detention areas) one (I) tree per 50 lineal feet of frontage b. For all development other than single-family detached and duplex residential development, the minimum required number of parkway trees is one tree per 50 lineal feet of frontage. c. For commercial developments, parkway landscaping shall be sensitive to the sight line to freestanding signage on adjacent parcels from the public right-of-way, - neighboring properties, and access drives. Include adjacent property signage _ location, including size and height, as part of the landscape plan. d. All parkways shall have minimum of six inches (6") of good, clean, clump-free topsoil nearly leveled to uniform grade from the top of curb to the top of sidewalk - after settling. Trees shall be planted within the public parkway between the curb and sidewalk and trail as applicable. - e. Parkways will be a minimum often feet (10') in width from the back of the curb to the front edge of the sidewalk. All parkways shall have a good, thick stand of 2 grass utilizing sod or seed per ]DOT specifications, including fertilizing. The developer, as covered by the required maintenance letter of credit, will repair any settling of grass loss during the one-year maintenance period. The minimum gradient of all parkways toward the curb shall be 2% and the maximum shall be S%. All areas shall be seeded or sodded and fertilized in an approved manner. Grass watering and mowing to a maximum height of five inches (5") will be the responsibility of the developer through the one year required maintenance period after City acceptance. f No tree shall be planted closer than thirty feet (30') of the right-of-way intersection. g. If a stop or yield sign is located at an intersection, no tree, when approaching the intersection, shall be planted closer then 50 lineal feet in front of a sign. b. Trees shall have a minimum spacing of twenty feet (20') from light poles, street signs, fire hydrants and any other such items that may, in the opinion of the City Planner or Public Works director, require similar intervals. i. Trees under wires are not to exceed twenty feet (20') in height at maturity. j. Parkway trees shall be planted prior to the issuance of a certificate of occupancy. It shall be the responsibility of the developer or builder to properly water all newly planted parkway trees at the time of planting, and subsequently thereafier, to ensure their survival for a period of one year after City Council acceptance of the public improvements. k. Only approved parkway trees, as indicated under the permitted plantings shade tree list, may be used as parkway trees. 2. Perimeter Landscaping: a. Non-residential adjacent to residential: Where a non-residential property is adjacent to residential property at thirty foot (30') wide bufferyard shall be provided. The buffer yard shall consist of a berm or architectural masonry wall, at least three feet (3') in height as measured from the property line. The buffer yard shall also consist of two (2) shade trees, five (5) evergreen trees and three (3) ornamental trees per 100 lineal feet of bufferyard. b. Multi-family residential adjacent to single family detached and duplex residential: Where multi-family residential property is adjacent to single family detached m duplex residential a thirty foot (30') landscape buffer yard shall be provided. The buffer yard shall consist of three (3) shade trees, three (3) evergreen and two (2) ornamental trees per 100 lineal feet of bufferyard. 3. Parking Lot Landscaping: 3 I. Interior Landscaping: One tree shall be provided for every twenty(20) parking spaces and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians,which have a minimum area of 190 square feet and a minimum dimension of ten feet(10').The landscape median shall be covered with shrubs,groundcover,turf,or organic mulch.Include in plans typical landscape median detail. 2. Visibility: To ensure]roper visibility within the parking lot,the branches of shade trees shall start no less than eight feet(8')above the pavement and shrubs shall be maintained at a height of no greater than thirty-six inches(36")above the pavement.The plant height selection should be sensitive to the crown of the median. Single stem ornamental trees will be allowed in center parking lot median islands only and branches must be trimmed to a minimum of six feet(6')above the pavement. b. Perimeter Parking Lot Landscaping: 1. When a parking lot,which is located on a non-residential property,is adjacent to another non-residential property,a five fool(5')perimeter buffer yard shall be planted with two shade trees and fifteen shrubs per 100 lineal feet of bufferyard. 2. When a parking lot is adjacent to a public right-of-way,.a landscape buffer yard shall be provided and shall be the width of the required parking lot setback or thirty feet(30'),whichever is less.The bufferyard shall consist of one(1)shade tree,one(1)evergreen tree and thirty-three(33)shrubs per 100 lineal feet of buffer yard. 3. Parking lot buffer yard landscaping shall be sensitive to sight line visibility of lot signage and adjacent lot signage. 4. Lot Landscaping:Lot landscaping shall be required for all developments jn accordance with the following: oeleted:Omer man sungic rawly detached rem&r nl and duplex developmema j a. Multi-family: Two(2)shade trees and fifteen(15)shrubs shall be provided for every four wilts. b. Non-residential: Two(2)shade trees and fifteen(15)shrubs shall be provided for every 20,000 square feet of lot area. - Formatted:List Paragraph, No C. tin k fIl In ik dcl uch_d IIOld zmd duple: One 111rhadc Ere lel writ to be bullets ornumbenng located a minimum of five feet(5')from an underground utility and within fifteen feet(15') of a property line. 5. Landscaping Adjacent to Primary and Secondary Arterials and Collector: 4 5. Landscaping Adjacent to Primary and Secondary Arterials and Collector: Residential lots which back up to an Arterial or Collector as defined in the Yorkville Comprehensive Plan, shall provide a minimum thirty foot (30') wide landscape easement running the fill length of the residential lots. This easement shall be planted with three (3) shade h ees, four (4) evergreens and twenty (20) shrubs per 100 lineal feet. 6. Storm Water Storage Basin Landscaping: A thirty foot (30') wide buffer yard shall be provided around any storm water storage basin that has its high water line within the front or side yards of a lot. The thirty foot (30') buffer yard shall be measured from the property line to the average elevation between normal water line and the high water line for retention basins and from the property line to the average elevation between the lowest basin elevation and the high water line for detention basins. The bufferyard shall be planted with one (1 ) tree per 30 lineal feet of bufferyard length. The bufferyard may be reduced to ten feet ( 10') wide. If so, the ten foot (IT) bufferyard shall be planted with two (2) trees per 30 lineal feet of bufferyard length. 7. Median Landscaping: The following information is to be used as general guidelines for designing parkway medians and parking islands that are constructed with a six inch (6') barrier curb. It is intended for use as a resource to develop median designs. Several recommendations are subjective in nature and may require modification to fit median openings, width or stopping site distances. It is important that significant deviations from the guide be based on operational experience and objective analysis. These guidelines do not pertain to the design of bioswales. a. Landscape elements within a median should include shade trees, ornamental trees, shrubs, low-growing evergreens, perennials, gasses, and groundcovers. Species shall be primarily heat and salt tolerant. b, Median plant heights refer to the mature plant height with the exception of all shade and ornamental trees. Any variance from the following guidelines must be approved by the City. 1 . In the first 25 lineal feet of the median, all plant material shall be no taller than one foot (1 ') at mature height and no shade or ornamental trees can be located in this area. 2. Twenty-five to 50 feet from the intersection no plant material shall be no taller than eighteen inches (18") at mature height and no shade or ornamental trees can be located in this area. 3. Fifty to 75 lineal feet back from the intersection, plant height shall be no taller than twenty four inches (24") at mature height. Shade and ornamental trees may be located in this area as long as it does not affect visibility. 4. For the remainder of the median, until 75 lineal feet from an intersection, opening, or the end of the median, no plant height shall reach above thirty 5 inches (30") at mature height. Shade and ornamental trees can be located in this area as Tong as it does not affect visibility. 5. Any plant material located within site triangles shall be no taller than twenty four inches (24") at mature height. Site triangles are dependent upon the intersection stopping site distances. 6. Shade and ornamental trees must be single stem and pruned up to a minimum of six feet (6'). No `clump varieties' will be accepted. 7. A "clear zone" in the first one and one-half feet (1 ''/�') from the curb towards the center of the median on both sides of the median shall have no plant material taller than one foot ( P) to allow turn lanes clear visibility of oncoming traffic. 8. Design shall be sensitive to the crown of the median. Plant material cannot be higher than thirty-six inches (36") above the pavement at mature height. c. Tree distance to intersection: 1 . No shade or ornamental tree shall be closer than fifty feet (50') to the right-of-way of an intersection. Shade trees should be spaced one tree per 30 to 50 lineal feet and ornamental trees should be spaced one tree per 15 - to 20 lineal feet, depending on the mature canopy of the species. 6 NOT TO SCALE V MAXIMUM PLANT HEIGHT FOR FIRST 50 LF FROM INTERSECTION 18'MAXIMUM PLANT HEIGHT BETWEEN 50 to 75 LF OF INTERSECTION FIRST TREE LOCATED 50'FROM INTERSECTION \ 30"MAXIMUM PLANT HEIGHT (EXCLUDING TREES) y. CLEAR ZONE:NO PLANT IN THE FIRST 1'-8"OF THE MEDIAN CAN BE — ABOVE VAT MATURE HEIGHT TURFGRASS MEDIAN _ R • PLANT HEIGHT CURB NOTES: - 1)DRAWING IS FOR REFERENCE ONLY. 2)FINAL MEDIAN LANDSCAPE DESIGN MUST BE APPROVED BY THE CITY PLANNER. d. A separate landscape plan shall be submitted of the public landscape(s)for any part of the median that is to be maintained by the City to provide clear definition for maintenance workers between public/private properties. e. Plant list shall include mature height of species in addition to the required size and height at installation. 8. Tree Preservation:The following standards shall apply to all lots which are five(5)acres or greater in area.No live tree(s)with a four inch(4") DBH(diameter at breast height) may be removed without first submitting an application for tree removal and receiving approval from the City.Failure to apply and submit a tree preservation and removal plan will result in a monetary fine per tree removed without authorization(as stated on the application form.) a. Tree Removal Permit:The application for a tree removal shall be made to the Building Department.This application must be submitted and approved prior to the Site Grading Plan permit issuance.If no mass grading is required for construction,the tree removal application must be submitted and approved prior to any site re-development involving tree removal.The application shall include: 1. Tree Preservation and Removal Plan.The plan shall include: 7 a) A tree survey showing the location of all trees four inches (4") in caliper or greater within 100 feet of any tree proposed to be removed, including a description of the tree(s), botanical name, common name, caliper size and general condition or health of the tree(s). The survey shall be completed by an International Society of Aboriculture Certified Arborist or Illinois Department of Natural Resources Consultant Forester, or other qualified professional as approved in writing by the City Planner. b) Delineation of trees to be removed and trees to be preserved. c) Details and specifications or procedures to be used to protect trees being preserved. d) Location, size and name of replacement trees. 2. Tree Preservation and Removal Guidelines: a) Every reasonable effort shall be made to retain existing trees shown on the tree survey through the integration of those trees into the site plan and landscape plan for a proposed development. 1 . Critical areas, such as floodplains, steep slopes, and wetlands, should be left in their natural condition or only partially cleared 2. Roadways, storage areas, and parking lots should be located away from valuable tree stands. 3. Cutting and filling in the vicinity of valuable trees should be minimal 4. If more than one-third of the tree's root system is to be affected by construction, the tree should be part of the removal plan and replaced with the appropriate number of trees. b) Pre-construction protection measures: L A temporary six foot (6') orange construction safety fence, rigid wood, or chain link fence must surround the periphery of the tree dripline as a construction barrier prior to the start of any site work. a. Fence type may be designated by the City depending on the value of the tree and the location to construction traffic. 8 b. This fence must be in place before any site work begins and remain in place until all construction has been completed or final occupancy permit has been issued, whichever is latest. c. A warning sign shall be placed on the fence stating the following: Warning: This fence shall not be relocated or removed without written authorization from the City of Yorkville. c) If construction limits encroach within the dripline of the tree the following procedures will be required: I . Trunk wrapping from the base of the tree to a height of ten feet ( 10'). Clear indication of trees to be wrapped and detail showing materials should be included as part of the landscape plans. No boards shall be nailed to the trunk of a tree. 2. In the event that underground utility lines are proposed within five feet (5') of the trunk of a tree, then auguring or boring of the utility line will be required by the City. This must be clearly indicated on the plans. 3. Root trimming should occur by hand, not with machinery, and exposed root systems should be protected to maintain moisture levels. During construction, any root accidentally damaged (exposed) should immediately be cleanly cut and protected. 4. if excavation must occur within the dripline of a tree, an excavation trench shall be saw cut for a minimum depth of two feet as near to the intended trench as possible. All root pruning must be completed prior to any excavation activity - near the tree. d) Construction procedures: 1 . During the mass grading of the site, a Certified Arborist or Consultant Forester must be on-site during the mass grading to ensure that proper protection methods are being followed. 2. Grading and construction equipment shall be prohibited from encroaching within the dripline of a tree. 9 3. Any soil that is located or stockpiled within the critical root zone of the tree will result in the loss of tree protection credit(s) and will require that the job be stopped until a revised Landscape Plan is approved. 4. Crushed limestone and other material detrimental to trees shall not be stored or damped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree. 5. Any preserved trees damaged during construction should be repaired. Damage should be analyzed by a Certified Arborist, Consultant Forester, or approved qualified professional, and a repair plan should be submitted to the _ City for approval. 6. If the tree begins to show signs of stress (he, leaf dieback, wilting, etc.), additional measures may be required by the City such as fertilizing or watering to aid the tree in survival. e) Tree Preservation protection measures must be checked by the City of Yorkville before the permit for development will be released. Periodic inspections will occur during construction. I) Failure to provide adequate tree protection will result in the loss of tree protection credits and will require that the job be stopped until a revised Landscape Plan is approved. b. Tree Replacement Standards: 1 . Any tree approved for removal shall be replaced with new trees in accordance with the following schedule: Caliper (Inches) of tree to be removed Number of Replacement Trees 30 or greater 6 13-29 5 8-12 4 4-7 2 2. in the event that a tree identified to be preserved is removed or damaged, such tree shall be replaced as follows: Caliper (Inches) of tree to be removed Number of Replacement Trees 30 or greater 12 13-29 10 10 8-12 8 4-7 4 3. All replacement trees shall have a minimum caliper of two and one-half inches (2 '/2") and shall consist of the shade tree varieties listed under Permitted Plantings. 4. If the tree(s) approved for removal is (are) dead from natural causes prior to the date of the tree removal permit, then no replacement tree(s) are required for them. c. Approval Criteria: The City shall approve a tree removal application if one or more of the following conditions exist: 1 . The tree to be removed poses a safety hazard to persons or property. 2. The tree is substantially diseased or weakened by age, storm, fire or other injury. 3. The tree removal is in accordance with good forestry practice such as when a parcel of land will only support a certain number of healthy trees which is less than the number of existing trees on the parcel. 4. The tree removal is of a nuisance tree listed under Section 3 General Standards, #7. 5. The tree removal is part of an approved overall landscape plan. d. Failure to Replace Trees: If replacement trees, which are required by the approved tree removal permit, are not planted within the time frame set out by the tree removal permit, the City may, at its option, replace the trees. All costs associated with purchasing and planting the replacement trees shall be charged to the owner or other person or entity causing the removal of the trees. SECTION 3: GENERAL STANDARDS 1 . Landscape Plan: Prior to receiving site plan approval, a landscape plan shall be submitted to the City for review and approval. It is recommended that prior to submitting a site plan or landscape plan, a pre-submittal conference be conducted to review the site plan implications and the standards of this Chapter. The landscape plan shall contain the following information: a. The location and dimensions of all existing and proposed structures, parking lots, sidewalks, ground signs, refuse disposal areas, free standing electrical equipment and other freestanding structural features. b. Name, location, right-of-way and pavement widths of abutting streets. 11 c. The current zoning and land use for adjoining properties and properties located across abutting streets. d. The location of all freestanding signage on adjacent parcels. e. The location, quantity, size and type (both botanical and common names) of all existing landscaping to be preserved and removed, and all proposed landscaping to be added. A separate document containing only the parkway tree list shall be included as part of the landscape plan submittal. f. The location and contours, at one foot ( I ') intervals, of all proposed berming and storm water detention/retention ponds. g. Specification of the type and boundaries of all proposed ground cover. h. Elevation and location of all existing and proposed fences. i. Location of all existing and proposed utilities and easements. j. Property line dimensions. 2. Quality: All trees shall be planted according to the minimum standards established by the American Association of Nurserymen. Plant material shall be grown in nurseries from the Central or Northern Illinois region. All trees shall be balled and burlapped (BB) and all shrubs shall be BB or container grown. The City may visit the nursery to tag trees for parkways, parks, or other city-owned properties. 3. The size of plant material required by this ordinance shall be as follows: - Shade Tree — 2 %" caliper measured 6" above grade Evergreen Tree — 8' (eight feet) tall Ornamental Tree - 6' (six feet) tall Shrubs - 24" (twenty-four inches) tall 4. Substitutions: For the purpose of providing flexibility in the landscape design substitutions may be allowed at the following rates: 1 Tree equals 1 Evergreen Tree 1 Tree equals 2 Ornamental Trees 1 Tree equals 10 Shrubs 5. A mixture of trees is required so that a maximum of 33% of the total amount of required trees should not be of the same genus (i.e. Acer, Malus, etc.) 6. Alternative Methods of Compliance: Site conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the City's objectives can only be obtained through alternative methods. 12 a. Requests for alternative methods of compliance may be considered by the City for any application to which the requirements of the Ordinance apply when one (1) or more of the following conditions are present: 1 . Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the altemative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or , redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than what is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification, written and graphic, to allow appropriate evaluation and decisions by the City Planner. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. - d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other cases. 7. Credit for Existing Vegetation: Credit shall be given for existing trees preserved. This does not include any species found under the nuisance tree list. Each tree that is preserved with a caliper four inches (4") or larger and is listed under Permitted Plantings, shall be credited towards the required tree planting as follows. Other existing vegetation may be credited towards the required plantings subject to the review and approval of the City Planner. Caliper (Inches) of tree Trees credited towards to be preserved required plantings 30 or greater G 13-29 5 8-12 4 4-7 2 No credit will be given for nuisance trees listed below: Nuisance Trees Scientific Name Common Name Acer negundo Boxelder 13 Acer saccharinum Silver Maple Ailanthus altissima Tree of Heaven Eleagnus angustifolia Russian Olive Eleagnus anrbellata Autumn Olive Fraxinus excelsior European Ash Gingko biloba Gingko (female) Koelreuteria paniculata Golden Rain Tree Maculra pomifera Osage Orange Morus alba White Mulberry Populus deltoides Cottonwood Rhannuis cathartica Common Buckthorn Robinia p.seudoacacia Black Locust Salix, spp. Willow Sorbus americana Mountain Ash U nvus pundla Siberian Elm 8. Permitted Plantings: The plantings used to meet the requirements of this ordinance shall be selected from the list of approved plant material. Soft maples that are not on the approved shade tree list below will not be accepted. The shade trees marked with an asterisk (*) are acceptable parkway trees. All trees listed are suitable for all landscape uses including natural areas, detention basins, berms, bufferyards, etc. Permitted Planting List Scientific Name Common Name Shade Trees Aesculus(lava Yellow Buckeye Aesculus glabra Ohio Buckeye Aescuhrs hippocastanum Common Horseehestnut Acer miyabei `Morton' State Streety Miaybe Maple* Acerplatanoides, spp. Norway Maple `Deborah' 'Deborah' Norway Maple* Emerald Lustrey Emerald Lustrey* 'Summershade' 'Summershade'* 'Superform' 'Superform'* Acer nigram, spp. Black Maple 'Greencolumn' Greencolumn Black Maple* Acer rubrmn, spp. Red Maple Autumn Flame'' Autumn Flame" `Brandywine' 'Brandywine'* 'Franksred' Red Sunset''* Acer sacchartan, spp. Sugar Maple Legacy'' Legacyy* 14 `Morton' CrescendoM* 'PNI 0285' Green Mountains* Cmya cordifonnis Bitternut Hickory Caiya ovata Shagbark Hickory Catalpa speciosa Not-them Catalpa Celtis occidentalis, spp. Common Hackberry* 'Chicagoland' 'Chicagotand'* `Windy City' ` Windy City'* Cercidiphyllurn japonicut» Katsuratree Cladastris kentukea American Yellowwood* Corylus colurna Turkish Filbert* Fagus sylvatica European Beech `Riversii' Rivers Purple Leaf Beech Ginkgo biloba, spp. (Male only) Ginkgo `Autumn Gold' `Autumn Gold'* `Magyar' `Magyar'* 'PN 22720' 'Princeton Sentry'* Gleditisia tricanothos var. inermis, spp. Thornless Honey Locust* `Skyline' Skyline''* 'Shademaster' Shademastery* - 'Suncole' Suncoley* Gymnocladus dioica, spp. Kentucky Coffeetree 'Espresso' 'Espresso'* `Prairie Titan' Prairie TitanTM* Juglans nigra Black Walnut Liquidannbarstvracii lua American Sweetgum Scientiiie Name Common Name Shade Trees (cont'd) Driodendron hdipifera Trdiptree Nyssa sylvatica Black Tupelo Phellodendron anrurense 'Macho' Amur Corktree Phellodendron lavallei 'Longnecker' Eyestopperrm Lavalle Corktree Phellodendron sachalinense 'His Majesty' Sakhalin Corktree Platanus x acerfolia London Planetree Bloodgood' Bloodgood London Planetree `Exclamation' Exclamation Planetree Platmrus occidentalis Sycamore Populus deltoides, spp. Eastern Cottonwood (male) _ 'Siouxland' Siouxland Poplar Pyrus calleryana, spp. Callery Pear* 'Cleveland Select' `Chanticleer'* Aristocrats Aristocraty* 'Redspire' 'Redspire'* Quercus olba White Oak Quercus bicolor Swamp White Oak* Quercus bicolor x robur 'Fastigiata' Regal Prince"' Oak Quercus coccinea Scarlet Oak 15 Quercus imbricaria Shingle Oak Quercus macrocarpa Bur Oak* Quercus muehlenbergii Chinkapin Oak* - Quercus rubra Red Oak* Quercus x macdenielli Tlemon's' Heritage'' Oak Taxodium distichum Baldcypress Tilia americans, spp. American Linden* Tilia cordata, spp. Littleleaf Linden* Tilia tomentosa, spp. Silver Linden* Tilia `Redmond' Redmond Linden* Tilia xflavescens 'Glenleven' Glenleven Linden* Uhnus americana, spp. American Elm `Valley Forge' `Valley Forge'* 'Princeton' Princeton'* 'New harmony' `New Harmony'* U/mus 'Morton' Accoladey Elm* Ulmu.s `Morton Glossy Triumph" m Elm* U/nurs `Frontier 'Frontier' Elm* U/nnrs `Patriot' 'Patriot' Elm* Uhnus wrilsoniana 'Prospector' Elm* Uhnus x Homestead 'Homestead' Elm* Uhnus x Regal 'Regal' Elm* *Acceptable parkway tree. - . Scientific Name Common Name Ornamental Trees Acer campestre Hedge Maple Acer tataricum, spp. Tatarian Maple 'GarAnn' 'GarAnn' TatdeW Tatdell' ` Summer Splendor' 'Summer Splendor - Acer tatariucmn subsp, ginnala, spp. Amur Maple Alnus ghttinosa Alder Amelanchier canadensis Shadblow Serviceberry Amelanchier x grandiflora, spp. Apple Serviceberry Amelanchier /aevis, spp. Allegheny Serviceberry Benda nigra, spp. River Birch `Cully' Heritagev Betula papyrifera, spp. Paper Birch 'Varen' Prairie Dream'' - - 'Whitespire' Whitespire White Birch Carpinus betulu.s Hombeam 'Fastigiata' Columnar Hornbeam Carpinus caroliniana Ironwood Cercis canadensis Eastern Redbud 16 Corms alternifolia Pagoda Dogwood Corners etas Comeliancherry Dogwood Crataegus crus-galli var. inermis Thornless Cockspur Hawthorn `Cruzam' Crusadery Crataegus mollir Downy Hawthorn Crataegus phaenopyrum Washington Hawthorn Crataegus viridis `Winter King' Winter King Hawthorn Maackia amurensis, spp. Amur maackia `Starburst' `Starburst' Summertime Summertime Magnolia stellata, spp. Star Magnolia Malus spp.** Flowering Crabapple** Ostrya virginiana American Hophornbeam Primus maackii Amur Chokecherry Prunus sargentli Sargent Cherry Prunus `Accolade' Accolade Chevy Syringa peldnensis, spp. Peking Lilac Syringa reticulata, spp. Japanese Tree Lilac ** Species selected must be primarily disease resistant with small fruits. Scientific Name Common Name Evergreens Abies coneolor White Fir Picea abies Norway Spruce Picea glauca White Spruce Picea glauca var. densata Black Hills Spruce Picea pungens Colorado Spruce Picea pungens var, glauca Blue Colorado Spruce Pinusflexis Vanderrolf' Vanderwolf Limber Pine Pinus strobiformis Southwestern White Pine Pimrs strobus White Pine Pseudotsuga menziesii Douglas Fir Shrubs Those species and varieties hardy to USDA Zone 5. Other plant material not listed may be allowed on a case-by-case basis a determined by the City Planner. 9. Completion of Landscape Improvements: All required landscape improvements shall be 17 installed prior to the issuance of a certificate of occupancy.If landscape improvements are unable to be completed due to weather conditions which,in the determination of the City,are unfavorable for plant survival and growth,a temporary certificate of occupancy, valid for no more than six(6)months,may be issued. 10. Replacements:The developer shall be responsible for replacing all required landscape improvements that die during a period of two(2)years from the date of installation.The City shall use the bond to replace any plant material if the developer fails to do so within thirty(30)days of notification by the City.After the two-year period,the property owner shall be responsible for maintaining and replacing any required plant material that dies. 11.Appeals:Any applicant may appeal any decision of the City Planner to the Zoning Board of Appeals for recommendation to the City Council. a. Any appeal to the standards of this chapter may be considered by the City Council when one or more of the following conditions are present: 1. Topography,soil,vegetation or other site conditions are such that full compliance is impossible or impractical,or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification,written and graphic,to allow appropriate evaluation and decisions by the City Council. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality,effectiveness,durability, hardiness and the ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other cases. 12.Severability:The various parts,sections,and clauses of this Ordinance are hereby declared to be severable.If any part, sentence,paragraph,section,or clause is adjudged unconstitutional or invalid by a Court of Competent jurisdiction,the remainder of the Resolution shall not be affected thereby. 13. Repealer:This Ordinance tepeatsrevises,and ,ei Landscape Ordinance enacted as City Ordinance 2004 142006-136 n its emit ym (Title 8 Building Regulations, 18 Chapter 12 Landscape Ordinance) In addition, any other Ordinance or parts thereof in conflict with the provisions of this Ordinance is hereby repealed to the extent of such conflict. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2009. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2009. ATTEST: CITY CLERK 19 June 8 Revision Draft Water Conservation Plan The Yorkville Green Committee proposes that the City Council implement a more comprehensive Water Conservation strategy by amending the existing Water Conservation and Landscape Ordinances and provide a supplemental educational component through a Water Conservation Plan, Studies show that education creates the largest savings in water usage' . The Yorkville Green Committee would like the Algonquin Water Conservation Planz to serve as a model for Yorkville's updated Water Conservation Plan and related ordinances. The Algonquin Water Conservation Plan utilizes education to encourage conservation, as residents are the biggest consumers of water in a community. This program targets both adults and school children. Using this plan as a guide, the Yorkville Green Committee would like to incorporate these educational components into the Yorkville Water Conservation Plan. 1 , Public Outreach Efforts — Specific methods to increase property owner awareness about the need to conserve water. a. Door hangers — Develop educational door hangers to be placed on properties where "over watering" appears to occur. City staff would develop the hangers. Distribution would be by all staff out in the field (police, public works, inspectors, etc.) b. Water Conservation Seminars — host or sponsor an annual Spring seminar (i.e. like the recent April 28 seminar) to publicize water conservation issues and solutions. c. Elementary school presentations — Develop brief presentations and informational flyers and present the information to children at the elementary school levels. Include contests per below. d. Public Notices — Water conservation and restriction notices should be placed on water bills, website and all newsletters, e, City Voice mail messages — City voice mail mailboxes should include brief reminders about water conservation, Messages could be changes weekly/monthly and include brief tips on water conservation measures. City staff would develop possible message scripts as guidelines. f. Water Conservation logo on City vehicles — develop stickers and bumper stickers that could be used on all city vehicles, or handed out to the public at special events. g. Homeowners Association — Notify all Homeowners Associations about water conservation and ask them to spread the word via their own newsletters, websites and annual meetings. Offer City staff to make presentations and explain regulations. Everett, Washington: 2007 Comprehensive Water Plan, Chapter 5 — Conservation Program <h_pt ://www ci everett.wa us/Get PDF asox?adtID=910> March 25, 2008 ' Algonquin, Illinois: Water Conservation Plan h. Business Education — Work with businesses that have irrigation systems to limit or eliminate watering. Work with businesses to promote water recycling or other conservation measures. City staff would develop informational materials explaining benefits, rate incentives and regulations. i. Press contact — The Water Conservation Plan and all of the other outreach efforts, contests, enforcement issues, etc. will be shared with the local press. All beat reporters will be encouraged to draft articles and help promote the Plan and contests. j . Water Conservation Brochure — Develop a Water Conservation brochure that that includes the regulations, restrictions and helpful tips for conserving water. This would be distributed to residents and handed out at special events. 2. Contests and Incentives — Simple programs for property owners, families, business owners and students to participate in certain water conservation activities. a. Water Conservation Logo contest — Develop a logo and have a naming contest for children. A contest could also be used to develop the logo itself. b. Water Usage contest — Have a competition for residents to see who can use the least amount of water compared to last year. City staff to create the guidelines and advertise on the water bills. c. Poster contest — Hold a competition for school children to design a poster with a conservation theme. The posters can be used for future outreach efforts, displayed at City Hall, etc. 3. City Operations — Specific ways to enhance water conservation by modifying existing City operations. Although these may be considered implementation activities, they also serve as educational with the City leading by example. a. Limit Watering of City lawn areas— The City should continue to refrain from watering lawn areas in the peak summer months. Use moisture sensors for sprinkler systems in other months. b. The City should landscape with drought resistant scrubs & trees. c. The City has installed and should continue to maintain a rain garden and promote their development. d. The City sbould work with the local water district and develop a effluent watering system (tanker trucks and/or piping) for City property and a free system for business customers. Effective implementation will require revisions to Yorkville's existing Water Conservation, Landscape and Building Ordinances. Second to education in water conservation effectiveness are implementation measures. I _ Seasonal water surcharge rates - The City should consider the use of higher water rates (surcharges) when water consumption reaches a certain level. Homeowners would be billed at normal water billing rates for usage up to the City-wide monthly average for a single family home ( i.e. Algonquin assumed 16,000 gal) For usage above the monthly average, the additional usage would be billed at three times the normal rate. The surcharge rates would either not apply to multi- family developments or commercial developments, or different formulas could be applied. 2. Low flow Plumbing fixtures - There may already be a requirement for low volume toilets in our building codes. However, the City should establish an incentive and/or requirement above the current building code for the use of high efficiency toilets (HET) and/or dual flush toilets. (i.e. Everett, Washington 3 focused on Igallon per flush (gpf) HET toilets rather than standard 1 .6 gpf toilets to go beyond current code requirements, Dual flush toilets have also been recommended). In addition, existing households purchasing a dual flush or high efficiency toilet could be given an incentive of $ 100.00 to encourage remodeling contractors to use these products. Low flow faucets and shower heads should also be encouraged. The use of LEED certification requirements in the Building Code will encourage the use of water conservation designs in new or renovation construction. 3. Sod requirements - The City should discourage the requirement for homeowners to use sod to landscape their lawn areas. The establishment of a sod yard is associated with heavy water usage, as sod is made up of grasses which do not sink roots deep into the soil. Grass species found in sod are not tolerant of high temperatures, and many sod suppliers sell immature sod with less than optimum developed root systems. As an alternative, homeowners could plant grass with seeded rolls at it is less costly for homeowners and provides a heartier grass sooner. The Sod requirement is typically written into the CCR's of new and existing residential developments. The City should work with the Homeowners associations of existing developments to remove/waive this requirement, and use the Annexation process to keep this requirement out of the CCR's of new developments. 4. Native Plants - The City should encourage planting native plants which will help recharge the aquifer and reduce water usage. In addition, encourage all new home constructions to install at least one deciduous shade tree of at least 15 inch diameter. This would apply to any lots of over a minimum acreage in size (i.e. to be determined) unless the lot is already saving and replacing existing trees under the existing Landscape ordinance. Studies have shown that large trees intercept hundreds of gallons of rainfall in their crowns, reducing polluted runoff and flooding. The City should also revise the Landscape Ordinance to require the ' Everett, Washington: 2007 Comprehensive !Pater Plan, Chapter 5 - Conservation Program <httu'//www ci.everett.\va.us/Get PDF.asox?nd1ID=910> March 25, 2008 planting of conservation landscaping around all new residential development retention ponds to slow runoff, filter fertilizers, and prevent pond problems of algae overgrowth, Less grass translates into less lawn maintenance costs, less spent on pond maintenance and less water usage, (An educational component would also be necessary for these recommendations to educate homeowners and homeowners associations not to cut native plants surrounding retention ponds and to add landscape trees). 5. Other aquifer recharge features — In addition to the native plantings, the City should actively encourage other aquifer recharge features in new and renovation construction such as bioswales and permeable pavements. These features may be restricted by the CCR's of new and existing residential developments. The City should work with the Homeowners associations of existing developments to remove/waive these restrictions and use the Annexation process to keep this requirement out of the CCR's of new developments. The use of LEED certification requirements in the Building Code will encourage the use of aquifer recharge designs in new or renovation construction. 6. Editorialnotes — a. The existing Water Conservation Regulations refer to sections 8-3-2 & 8- 3-3 which appear to be incorrect references. These items need to be clarified. b. The City website indicates that the City Codes are based on ICC 2000 edition. This is several editions out of date (2003 and 2006 have been issued). The City should review/adopt the latest edition, which should be reviewed against the above Water Conservation Plan for consistency. C4 M @illOrallClU111 To: Stephanie Boettcher, Senior Planner 1836 From: Eric Dhuse, Director of Public Works -" � CC: Date: July 17, 2008 Subject: Green committee water conservation draft <LE Stephanie, I have reviewed the green committee's draft water conservation plan and have the following comments. 1 . Public outreach efforts In my opinion, the public outreach section should not be included in any ordinance, but should be included in the budget process to procure any supplies and/or necessary equipment to further educate the public. The city currently involved in water conservation seminars, elementary school presentations and public notices on the water bills. It is my intention to continue these services and even to expand the elementary school presentations. In addition to those functions, the city also posts large signs at the entrances to subdivisions with the watering rules all through the spring and summer. All of the other suggestions are good suggestions, but the two that stand out to me are the HOA contacts and the water conservation brochures. I think these two ideas would be the most beneficial to the city in both number of residents reached and long term water conservation. 2. Contests and incentives Although contests sound like great ideas at first, they can turn out to be administrative nightmares. I would, however, like to use the poster idea if I can talk to the teachers at the school to see if it fits with the curriculum. I probably wouldn't be a "contest", just another educational tool. The American Water Works Association has a drop of water logo that is very well recognized, I would recommend that we use that logo because it is recognizable, and they already have literature and promotional items that are tried and true. I would not recommend a water conservation contest. There are far too many variables that we would have to make rules for. 3. City Operations We have incorporated all of these ideas into our daily routine. Conservation Implementation 1 . Seasonal water surcharge rates This is something that can be looked at for future changes. I would not recommend that we not include business, office or industrial zoning at this time. 2. Low flow plumbing fixtures I do not think that we should require above the current building code. I believe that we should instead show through our education the benefits and payback over time and let the residents decide on their own. 1 would also like our building department to weigh in on the issue. 3 . Sod Requirements I would agree that we should not let developers mandate the use of sod from this point forward. If we were to set up the HOA connection, we may have some luck in repealing the current sod rules of many subdivisions. We would also have to discuss how we would work with commercial developments regarding this issue. 4. Native Plants Native plants and plantings in general could be an entire education seminar. I think that is where it would fit in the best. I would defer any ordinance changes to the community development department. 5. Other This should be discussed at a staff level and specific ideas should be explored for future implementation. If you have any questions, or need anything further, please let me know. 71 1 CO pk Reviewed By: Agenda Item Number J� � Legal ❑ F j � Finance EST. � � 1836 ;109 Engineer Tracking Number ® Fi Gi y City Administrator ty Consultant ❑ CCE � ❑ Agenda Item Summary Memo Title: Country Hills Subdivision—Final Acceptance & Warranty Bonding Meeting and Date: August 18, 2008 Public Works Committee Synopsis: Recommend final acceptance of all public improvements for the Country Hills subdivision, subject to a one-year warranty bond. 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: Cl)` ,� �� 0 Memorandum EST. 1836 To: Brendan McLaughlin, City A mmistrat g From: 1. Joe WywroY, City Engineer U ® �!! CC: Lisa Pickering, Deputy City C k ��o�� Eric Dhuse, Director of Public Works LE Date: August 13 , 2009 Subject: Country Hills Subdivision — Final Acceptance & Warranty Bonding Attached find a request fi'om Dennis W. Dwyer, Inc. for the city to accept the public improvements for the entire Country Hills development for ownership and maintenance. Also attached find the Bill of Sale for the public improvements. The request was received over a year ago, but it was only recently that the bulk of the punchlist work was completed. Record drawings are still not complete, but the developer has requested that work be performed during the warranty period. Corresponding to final acceptance are changes to the bonds currently in place for Country Hills. We have never been able to locate a bond for the offsite utilities and the bond language for Unit 1 is vague, therefore I recommend that all existing bonds be released and replaced with a single warranty bond in the amount of $212,723 .63, which represents 10% of the value of all onsite and offsite public infrastructure constructed by the developer for Country Hills. For Unit 1 , the bond to be released would be North American Specialty/Manchester Bond #141848 in the amount of $ 1 , 106,700.00. For Unit 2, the bonds to be released would be Hartford Fire Insurance Company Bond Nos. 3BCSBV9113 in the amount of $ 165,753 .01 for roadway work, and Hartford Fire Insurance Company Bond Nos. 3BCSBV9112 in the amount of $369,084.65 for all other land improvements. Please refer to the attachment for details. The offsite work and Unit 1 were substantially completed in the mid- 1990' s, consequently the developer has requested that the city waive the normal one-year warranty period for that work. While the work related to Unit 1 is older, most developments are substantially constructed long before they are accepted by the city. Almost without exception the city has required the one-year warranty period regardless of the length of time it took to complete the work; therefore I recommend that the one-year warranty period not be waived. One thing that we could consider, however, is to reduce the bond amount to that required for Unit 2 only, but have that bond guarantee both units and the offsite work. The reduced bond amount would be $ 111 ,967.21 . A small section of the public park in Country Hills remains to be conveyed to the city. I recommend that final acceptance and the start of the warranty period not occur until recording of a satisfactory deed conveying the park property to the city. I recommend that the public improvements for the Country Hills subdivision be accepted by the city for ownership and maintenance and all existing bonds for Country Hills be released, subject to conveyance of the park property and receipt of a new one-year warranty bond. Please place this item on the August 18, 2009 Public Works Committee agenda for consideration. DENNIS W. DWYER, INC. COUNTRY HILLS SUBDV. , LLC 24W315 Pinoak Lane Naperville, IL 60540 PH: (630) 961 -0733 FX: (630) 961 -9454 8/26/2008 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attention : Joe Wywrot, Engineering Dept. PH: (630) 553-8527 FX: (630) 553-3436 RE: Request for Acceptance of Country Hills Subdivision Phases 1 & 2 Dear Joe, Please accept this letter as a formal request for you to process this Matter and place it on the agenda to be included in the two seperate meetings on Sept. 16 & Sept. 23, 2008 so that acceptance can be obtained from the Public Works Dept.and the City Council. All Items on the Final Punch are being addressed. Upon acceptance, we will present a Bill of Sale to the City and obtain a One Year - Maintenance Bond for the required amount of 10% of the original construction costs. Your advise is welcomed as what else needs to be handled prior to the meetings to avoid any delays. Thank you for your attention, Dennis & Barbara Dwyer 66, 0 BILL OF SALE Seller, Dennis W . Dwyer, Inc. of DuPage County, Illinois, in consideration of One and No/100 Dollar ($ 1 .00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, The United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITHNESS WHEREOF, Seller has signed and sealed this bill of sale at , this day of ) 2009. Dennis W . Dwyer, Inc. Name & Title: STATE OF Illinois) COUNTY OF DuPage) On this day of , 2009, before me a Notary Public within and for said County and State, personally appeared , tome personally known, who being by me duly sworn did say that he is the of Dennis W. Dwyer, Inc., the corporation named in the foregoing instrument, and that the instrument was signed on behalf of the corporation by authority of its Board of Directors and acknowledged the instrument to be the free act and deed of the corporation. Notary Public County My Commission is expires Country Hills - Exhibit A 13-Aug-09 Bill of Sale Quantities Item Unit Offsite W & S Unit 1 Unit 2 Total 12" DIP watermain LF 779 2,010 2,789 8" DIP watermain LF 1 ,860 5,518 71378 6" DIP watermain LF 819 819 12" Butterfly Valve & Box EA 3 7 10 8" Gate Valve & Box EA 7 12 19 6" Gate Valve & Box 4 4 Watermain Fittings LB 1 ,629 2,701 6,334 10,664 Fire Hydrant 2 10 19 31 1 " Copper Water Service EA 87 85 172 24" Casing Pipe 137 137 10" PVC Sanitary Sewer LF 12007 2, 103 3,110 8" PVC Sanitary Sewer LF 21668 4,422 7,090 6" Sanitary Service EA 87 85 172 Sanitary Manhole, Ty A EA 5 21 25 51 36" RCP Storm Sewer LF 287 287 30" RCP Storm Sewer LF 340 394 734 27" RCP Storm Sewer LF 79 79 24" RCP Storm Sewer LF 1 ,340 959 2 ,299 21 " RCP Storm Sewer LF 774 774 18" RCP Storm Sewer LF 298 209 507 15" RCP Storm Sewer LF 724 535 1 ,259 12" RCP Storm Sewer LF 2,190 1 ,877 4,067 6" PVC Sump Service Sewer LF 31193 31193 Manhole, Ty A, 6' Dia. EA 5 5 Manhole, Ty A, 5' Dia. EA 23 20 43 Manhole, Ty A, 4' Dia. EA 1 1 Catch Basin, Ty A, 5' Dia EA 8 8 Catch Basin, Ty A, 4' Dia EA 20 11 31 Catch Basin, Ty A, 3' Dia EA 13 13 Inlet, Ty B, 3' Dia. EA 24 24 Inlet, Ty B, 2' Dia. EA 20 2 22 Geotextile Fabric SY 18,265 18,265 Aggregate Base Course, Ty B TON 7,500 105678 18, 178 PCC Comb. Curb & Gutter LF 8,646 91250 17,896 Bit. Matls., Prime Coat GAL 4,086 6,073 10, 159 Bit. Binder Course TON 11560 2,163 3,723 Bit. Surface Course TON 1 ,175 11298 21473 Parkway Tree EA 95 94 189 Streetlight EA 16 20 36 Country Hills 13-Aug-09 Warranty Bond calcs Value Value Value Item Unit Offsite W & S Unit 1 Unit 2 Total Unit Price Offsite W & S Unit 1 Unit 2 Total Value 12" DIP watermain LF 779 2,010 2,789 $26.00 $20,254.00 $52,260.00 $0.00 $72,514.00 8" DIP watermain LF 1 ,860 5,518 7,378 $22.00 $0.00 $40,920.00 $121 ,396.00 $162,316.00 6" DIP watermain LF 819 819 $14.00 $0.00 $11 ,466.00 $0.00 $11 ,466.00 $0.00 12" Butterfly Valve & Box EA 3 7 10 $1 ,000.00 $3,000.00 $7,000.00 $0.00 $10,000.00 8" Gate Valve & Box EA 7 12 19 $550.00 $0.00 $3,850.00 $6,600.00 $10,450.00 6" Gate Valve & Box 4 4 $425.00 $0.00 $1 ,700.00 $0.00 $1 ,700.00 $0.00 Watermain Fittings LB 1 ,629 2,701 6,334 10,664 $1 .50 $2,443.50 $4,051 .50 $9,501 .00 $15,996.00 Fire Hydrant 2 10 19 31 $1 ,600.00 $3,200.00 $16,000.00 $30,400.00 $49,600.00 1" Copper Water Service EA 87 85 172 $400.00 $0.00 $34,800.00 $34,000.00 $68,800.00 $0.00 24" Casing Pipe 137 137 $175.00 $23,975.00 $0.00 $0.00 $23,975.00 10" PVC Sanitary Sewer LF 1 ,007 2,103 3,110 $26.00 $26,182.00 $54,678.00 $0.00 $80,860.00 8" PVC Sanitary Sewer LF 2,668 4,422 7,090 $14.00 $0.00 $37,352.00 $61 ,908.00 $99,260.00 $0.00 6" Sanitary Service EA 87 85 172 $400.00 $0.00 $34,800.00 $34,000.00 $68,800.00 Sanitary Manhole, Ty A EA 5 21 25 51 $1 ,200.00 $6,000.00 $25,200.00 $30,000.00 $61 ,200.00 36" RCP Storm Sewer LF 287 287 $70.00 $0.00 $0.00 $20,090.00 $20,090.00 $0.00 30" RCP Storm Sewer LF 340 394 734 $60.00 $0.00 $20,400.00 $23,640.00 $44,040.00 27" RCP Storm Sewer LF 79 79 $52.00 $0.00 $0.00 $4,108.00 $4,108.00 24" RCP Storm Sewer LF 1 ,340 959 2,299 $40.00 $0.00 $53,600.00 $38,360.00 $91 ,960.00 $0.00 21 " RCP Storm Sewer LF 774 774 $38.00 $0.00 $0.00 $29,412.00 $29,412.00 18" RCP Storm Sewer LF 298 209 507 $33.00 $0.00 $9,834.00 $6,897.00 $16,731 .00 15" RCP Storm Sewer LF 724 535 1 ,259 $27.00 $0.00 $19,548.00 $14,445.00 $33,993.00 $0.00 12" RCP Storm Sewer LF 2,190 1 ,877 4,067 $22.00 $0.00 $48,180.00 $41 ,294.00 $89,474.00 6" PVC Sump Service Sewer LF 3,193 3,193 $8.00 $0.00 $0.00 $25,544.00 $25,544.00 Manhole, Ty A, 6' Dia. EA 5 5 $1 ,800.00 $0.00 $0.00 $9,000.00 $9,000.00 $0.00 Manhole, Ty A, 5' Dia. EA 23 20 43 $1 ,400.00 $0.00 $32,200.00 $28,000.00 $60,200.00 Manhole, Ty A, 4' Dia. EA 1 1 $1 ,100.00 $0.00 $0.00 $1 ,100.00 $1 ,100.00 Catch Basin, Ty A, 5' Dia EA 8 8 $1 ,500.00 $0.00 $0.00 $12,000.00 $12,000.00 $0.00 Catch Basin, Ty A, 4' Dia EA 20 11 31 $1 ,200.00 $0.00 $24,000.00 $13,200.00 $37,200.00 Catch Basin, Ty A, 3' Dia EA 13 13 $900.00 $0.00 $0.00 $11 ,700.00 $11 ,700.00 Inlet, Ty B, 3' Dia. EA 24 24 $800.00 $0.00 $0.00 $19,200.00 $19,200.00 $0.00 Inlet, Ty B, 2' Dia. EA 20 2 22 $600.00 $0.00 $12,000.00 $1 ,200.00 $13,200.00 Geotextile Fabric SY 18,265 18,265 $1 .50 $0.00 $0.00 $27,397.50 $27,397.50 Aggregate Base Course, Ty B TON 7,500 10,678 18,178 $12.00 $0.00 $90,000.00 $128,136.00 $218,136.00 $0.00 PCC Comb. Curb & Gutter LF 8,646 9,250 17,896 $12.00 $0.00 $103,752.00 $111 ,000.00 $214,752.00 Bit. Mails., Prime Coat GAL 4,086 6,073 10,159 $1 .20 $0.00 $4,903.20 $7,287.60 $12,190.80 Bit. Binder Course TON 1 ,560 2,163 3,723 $42.00 $0.00 $65,520.00 $90,846.00 $156,366.00 $0.00 Bit. Surface Course TON 1 ,175 1 ,298 2,473 $45.00 $0.00 $52,875.00 $58,410.00 $111 ,285.00 Parkway Tree EA 95 94 189 $300.00 $0.00 $28,500.00 $28,200.00 $56,700.00 Streetlight EA 16 20 36 $2,070.00 $0.00 $33,120.00 $41 ,400.00 $74,520.00 Total: $85,054.50 $922,509.70 $1 ,119,672.10 $2,127,236.30 Warranty Bond Amount: $8,505.45 $92250.97 $111 ,967,21 $212,723.63 Reviewed By: Agenda Item Number J= a r T Legal ❑ Ns "3 Finance F1 EST. , 1836 t'+� (a9 Engineer Tracking Number City Administrator ❑ 0� Consultant ❑ P W a p�jo1 _ g f I Agenda Item Summary Memo Title: River Road Bridge -Update Meeting and Date• August 18, 2009 Public Works Committee Synopsis: Update on condition of the River Road Bridge over Blackberry Creek. 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: ♦.4. C/p� � Memorandum EST. , - , 1836 To: Brendan McLaughlin, City A ministt`rat Imi h W From: Joe Wywrot, City Engineer 9 W p CC: Lisa Pickering, Deputy City C k U <<E \\�♦' Date: July 31, 2009 Subject: River Road Bridge-Update The current River Road Bridge over Blackberry Creek was constructed in 1959. Up until 2007 it was the responsibility of Bristol Township to maintain the bridge,but when the city annexed property owned by Yorkville-Bristol Sanitary District that year the bridge became our responsibility. Immediately upstream of the bridge is the old mill dam, which is approximately 13 feet high. Due to the close proximity of the dam to the bridge, IDOT requires a separate underwater inspection of the bridge footings. We attempted to perform this inspection last fall,but could not due to the high flowrate over the dam. We were finally able to perform the underwater inspection on July 20', and based on our findings we requested IDOT to perform a rating analysis to determine if load limits should be established. IDOT recommended that we not allow overweight permit loads on the bridge,but did not feel that load limits should be established at this time. We had already been steering overweight loads away from the bridge since we assumed maintenance responsibility. IDOT also downgraded the overall condition of the bridge from "fair"to "poor". The main reason for the poor rating was the condition of the west abutment, which has experienced some cracking and settlement over the past 5 years. The west abutment pre-dates the current bridge, and consists of large stone blocks. See the attached pictures of the abutment taken in 2004 and 2009. IDOT also required that we inspect the bridge annually, rather than the normal 5-year inspection interval, and recommended that the entire bridge be considered for replacement. Based on the condition of the bridge, we will be submitting a bridge replacement project for funding consideration through IDOT's Major Bridge Program. This program funds 80%of construction and construction engineering. Construction would begin no sooner than 2015, so we need to start the process now if we want to get this bridge replaced before it deteriorates much father. Kendall County has also programmed $150,000 in 2012 towards this bridge project. Please place this item on the Public Works Committee agenda of August 18,2009 for information only. 2004 IDOT photo 047-3007 -.. Affl. :a T 1 C' �. S ,. ^�. � � r� ,��, ,� , �. , �. x �. '+ -:-+� _ ; .. _ � .�.. s �. _ _.' Tt A7 Z° t.Tti`z' c:r. --: �_•- ,,,tip-�s-+ W' a' �: � r;L �f ,, , r �, - , � , '' -' � � _ -„ �.,.,p.�� s ;a � 1 x �� ,� `may _ � � `�' .�� _ `� fit. A 1 + `T , .i.� r� 1 � - {�+ �� i �.o. y. �- �' l - _ �' �� -�^ `iii,. � i. �,� r . ".r �QF .V' '.,.y � e 3 F Y� �bS k � �� rD43 j+ t'.'��r.�_” _ - � � .i Reviewed By: Agenda Item NI umber J2 0 Legal ❑ N B #t 1 EST. 1836 Finance ❑ glob 1 Engineer -�� u Tracking Number I� l City Administrator ❑ Consultant ❑ PW aooq - $5 �<LE ��?' ❑ Agenda Item Summary Memo Title: Traffic Study—Church &W. Main Street Meeting and Date: August 18, 2009 Public Works Committee Synopsis: Recommendation to change signage at the Church/W. Main intersection to have W. Main Street yield to Church Street. 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: cirr Memorandum To: Joe Wywrot, City Engineer esr. _ 1836 From: Jackie Dearborn, Civil Engineer p e y .9 mob. p Date: July 13,2009 Subject: Traffic Study—Church and W. Main Street LE I have reviewed the traffic counts at Church Street and W. Main Street to determine whether a multiway stop should be used at this intersection. There are currently yield signs in place for vehicles traveling north and south on Church Street. According to 213.05 of the MUTCD guidelines, stop signs should be installed in a manner that minimizes the number of vehicles having to stop. Where a full stop is not necessary, yield signs should be used. At this intersection, the volume of traffic on Church Street is 57% higher than the volume of traffic on Main Street and yet the higher volume, Church Street, is required to yield. On average, Church Street carries 250 more cars than W. Main Street in a 24-hour period—687 vehicles compared to 437 vehicles. It should be noted that while the Main Street traffic is less than that of Church, at certain times of the day, the hourly averages are relatively equal - in the morning and again around noon. A multiway stop control can be useful at intersections where the volume of traffic on the intersecting roads is approximately equal however, the volume of traffic entering this intersection does not meet the minimum requirements to warrant a multiway stop. Over any 8-hour period, the number of vehicles averaged 48 vehicles per hour on the major approach (Church), and 28 vehicles per hour on the minor approach (Main). These numbers are well below the minimum volumes of 300 and 200 vehicles per hour respectively. There are no left-turn conflicts or sight conflicts at this intersection preventing a road user from safely crossing the intersection once he/she has stopped. Although there is a park located at this corner and a grade school one block north, there is no conflict with an established pedestrian crossing activity or school walking route. There were only two accidents at this intersection within 12-months of each other—the most recent on 5/4/09 and one prior to that on 12/15/08. A multiway stop is warranted for a crash problem if five accidents occur within a 12-month period. A multiway stop is also justified where two neighborhood collector(through) streets of similar design intersect and where the traffic operational characteristics would be improved by a 4-way stop. Neither of these streets can be considered collector streets. Based on this engineering study, a multiway stop is not justified at this intersection. Traffic counters indicated that W. Main Street was a minor street and in most cases the street carrying the lowest volume of traffic should be stopped. Consideration should be given to removing the yield signs on Church Street and installing yield signs for vehicles traveling east and west on W. Main Street instead. Church & W. Main U _ TRAFFIC COUNTS - Date of Count: 6/76/09-6117/09 C„ _ � Date of Count: 6/16/09-6/17/09 urch W. Main - - _-- _ _ Total_AVG_ Total AVG Hourly Hourly Hourly Houdy _ Northbound Average Southbound Average N/8 & S/8 Eastbound Average Westbound Average E/8 8 W_ /8_ Time Da 1 Da 2 -- ___ _ -- i _-- Da 2 _____________ Time -.... Da 1 I Da _ 2_J ___ Day 1 - day 2 F _ ___ - .. __ ....... . ...... . __ . ._ ._ . . y2 -- - Y Y Y y -_ - --- -- - 12-1PM 31 31 31 36 34 35 66 12:30130PM 5 5 5 13 14 13.5 18.5 1-21PM 28 1 26 ZT 28 18 23 50 1 .30-2.30PM 3 _ 5 4 12 77 14.5 18.5 2-3PM 30� 17 23.5 16 19 17.5 41 2:30 3 30PM 4 i 3 _ 3.5 21 15 18 21 .5 3-41PM _ _ 25 26 25.5 24 26 25 50.5 3:30 4 30PM 5 9 7 23 25 24 31 4-SPM 27 24 25.5 29 15 22 47.5 4:30 5.30PM 7 5 _ - 8.5 23 15 19 27.5 5-6PM 22 26 '.. 24 15 10 72.5 36.5 5:30-630PM 3 5 4 17 77 17 21 6-7PM 39 19 8. 13 14 13.5 42.5 6:30 730PM 8 7 7.5 22 - 14 18 25.5 19 78 ' 18.5 20 12 '� 16 34.5 7:30-8.30PM 4 5 , 4.5 16 70 13 17.5 8-9PM - 20 12 16 27 4 ! 12.5 28.5 8:30-9:30PM 3 3 '. 3 17 5 8 11 9-1013M 15 10 72.5 5 5 5 17.5 9:30 10 30PM 4 2 3 4 9 6.5 9.5 10-11PM 7 11 9 4 2 3 12 10:30-11 :30PM 0 3 ! 1.5 1 6 3.5 5 11-12AM 2 3 2.5 3 1 i_ 2 4.5 11:30 12 30AM 1 0 0.5- 1 2 _ 12-tAM 4 _ 1 2.5 0 0 _ 0 2.5 12:30-1.30AM 0 0 0 1 1 2 0.5 1-2AM _ 2 1 1 5 0 _ 0 0 1.5 1 30 2 30AM 0 0 0 3 1 2 _ 2 2-3AM 0 1 0 5 0 � 0 0 0.5 2:30-3.30AM 3 3 � 3 1 1 1 4 _ _ - 3-4AM 2 7 1.5 7 I 2 1 5 3 3:30 430AM 4 8 6 8 - 5 6 5 12.5 -- _ _ - - _. ---- .- - _ -- - - 4-SAM 3 4 3.5 0 2 1 4.5 4:30-5.30AM 2 3 2 5 6 7 6.5 9 5-6AM 8 12 10 5 2 3.5 13.5 5:30-6 30AM 5 14 9.5 8 _ 9 8.5 18 6-7PM 21 13 17 8 5 6.5 23.5 6:30 7 30AM 6 8 7 10 19 14.5 21 .5 7-SAM 27 i 23 25 23 14 18.5 43.5 7:30 8 30AM t 10 5.5 13 77 15 20.5 ___ _ _- -- - __._... . - - - 1 __.. -_ _ 8-9AM 34 22 28 17 13 15 43 8:30 9:30AM 8 4 6 26 19 22.5 28.5 -_ -_ 9-10AM _ 26 16 27 11 12 17.5 32.5 9.30 10 30AM 12 _1 4 8 27 I 24 1 25.5 33.5 10-11AM _251 24 - 24.5 24 18 21 45.5 1000 11 30AM 4 7 5.5 27 1 31 4 29 34.5 11-12NOOn 21 26 23 5 18 19 18.5 42 1I11 :30 72 30PM 10 71 10.5 28 38 33 _.. 43.5 Y_-_- _Y .._.�TO- o Dail Counts 438 367 321 247 Total Oad Counts: 102 129 322 320 Av . vehicles er hour for an 6 hrs: 48 :Avg. vehicles per hour for an 8 hrs: 28 Reviewed By: Agenda Item Number 2 ® O J 4 T Legal ❑ EST. 1836 Finance F-1 1 �= Engineer A� °y Tracking Number 1 fm N City Administrator ❑ Consultant ❑ ❑ VII AGE Agenda Item Summary Memo Title: Traffic Study—Kylyn's Ridge Meeting and Date: August 18, 2009 Public Works Committee Synopsis: Recommendation to leave existing signage in place at the Western/High Ridge and Western/Northland 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: `,��D C/TY ,2 C Memorandum To: Joe Wywrot, City Engineer EST. , _ 1836 From: Jackie Dearborn, Civil Engineer O Date: July 10, 2009 Subject: Traffic Study—Kylan's Ridge LE I have reviewed the traffic counts in the Kylan's Ridge subdivision at High Ridge Lane and Western Lane and at Northland Lane and Western Lane to determine whether multiway stop control should be used at these intersections. There are currently yield signs at the intersection of High Ridge Lane and Western Lane for eastbound and westbound traffic. Based on the MUTCD guidelines,multiway stop control can be useful at intersections where the volume of traffic on the intersecting roads is approximately equal. The volume of northbound and southbound traffic on High Ridge Lane is 50%more than the volume of eastbound and westbound traffic on Western Lane and therefore not equal. The volume of traffic entering that intersection also falls below the minimum requirements for stop sign placement. Over any 8-hour period, the number of vehicles averaged 27 vehicles per hour entering on the major approach, and only 17 vehicles per hour entering on the minor approach—well below the minimum requirements of 300 and 200 vehicles per hour respectively. The High Ridge and Western intersection does not meet the other requirements for a multiway stop. No crashes have been reported at that intersection. There are no left-turn conflicts. Pedestrian volumes are low (one bus stop on the NE corner with one pick-up and one drop-off during the day). Fences in side yards on the NW and SW corners reduce the sight distance in both the north and south direction when approaching the intersection of High Ridge Lane traveling east on Western Lane. However, vehicles must yield as they approach this corner and once at the comer, there are no visual impairments. The Northland and Western intersection is a"T"intersection with no regulatory signs. The right of way at the"T" intersection of these two residential streets is obvious.. When traveling east on Western Lane, it is clear that Northland Lane has the right of way because a house on Northland Lane at this "T"breaks up the sight line. A motorist is clearly able to tell that Western ends and does not continue past the intersection. A multiway stop is not warranted at the intersection of Western Lane and Northland Lane based on volume of traffic. Traffic counts indicated 133% more vehicles on Northland Lane,therefore traffic volumes are not equal. Over any 8-hour period,the number of vehicles entering the intersection averaged 25 per hour on the major approach. Because this is a "T"intersection,there is just one approach in the minor direction with an average of only 10 vehicles per hour entering in any 8 hours—well below the minimum requirements of 300 and 200 vehicles respectively. There are no safety issues at this intersection to warrant a multiway stop sign. There have been no crashes reported. There are no left-turn conflicts. A monument at the corner does not pose any sight distance problems. Pedestrian volumes are low (only one bus stop on the NW corner with one pick-up and one drop-off during the day). There is no justification for placement of a multiway stop sign at either of these intersections in the Kylan's Ridge Subdivision at this rime. My recommendation is to keep the existing yield signs at the intersection of High Ridge Lane and Western Lane and do not add regulatory signs at the intersection of Northland Lane and Western Lane. Q AIan-Dale-L-n � ❑ oho Q u � 1 Redbu�d7-Dr—� k) —Faxon-Rd °s ❑ �a�� lro9ois-L-n Q 1 Alice Ave ❑ Ada ❑ Q a Q codEj -: • p 0 Q Q 1 1 Q YBltowstone-L-n� D�L _ Q i Q O ----•--i ❑ L�d Q �t C7 !�.� 'Ganyon Trail-C-t ❑O�LJ Q LJ b C7 a pC O Canyon ip p ❑ cj _ C:3 n❑ �✓ i d ED❑ u d v Q —Denise-C-t El Wh' Pdaln ❑ r� = Qj z [� Q � Q Q nn� ❑ Red`FaIF Q //��4 3°Ae p fa Q Ct V o i ai°�qaq ❑ d �C?�etlTaJ�F� L_ dddC1�C1¢� c stern-L-n �Cj��r"D Dlackb - erry-ghore-fin l % ' 0 Lj--� � F i 4 Q rica-6n ,Hickory�h\ n Western&High Ridge Intersection Date of Count: 6/9/09-6/10/09 Date of Count:6/2/09-6/3/09 _ Western Hi h Ridge Total AVG Total A VG oudy Hourly Hourly Hourly Eastbound Average Westbound I Average E/8 8 W/8 Northbound Average Southbound Average N/8 8 S/8 Time �?Y_?__ __�aY?_________ _�aY?_ __�?Y_?______________ ..........................................._Time................ __�?Y?__ __�aY?________-_____2aY?__ __�?Y_?____________-___ -.......................... 7:30AM-8:30AM 11 16 13.5 7 5 6 19.5 7:15AM-8:15AM 6 5 5.5 14 6 10 15.5 8:30AM-9:30AM 8 9 8.5 4 1 2.5 11 8:15AM-9:15AM 4 4 1 4 9:30AM-10:30AM 4 6 5 5 8 6.5 11.5 9:15AM-10:15AM 5 1 3 4 2 3 6 10:30AM-11:30AM 7 7 7 8 3 5.5 12.5 10:1 5AM-1 1:1 5AM 4 8 6 6 5 5.5 11.5 11:30AM-12:30PM 7 1 4 4 2 3 7 11:15AM-12:15PM 7 6 6.5 8 7 7.5 14 12:30PM-1:30PM 6 4 5 4 2 3 _ _ 8 12:15PM-1:15PM 4 11 7.5 7 19 _ 13 20.5 1:30PM-2:30PM 4 8 6 3 3 3 9 1:15PM-2:15PM 5 6 5.5 9 10 9.5 15 2:30PM-3:30PM 12 11 11.5 1 5 8 6.5 18 2:15PM-3:15PM _ 11 12 11.5 10 10 10 21.5 3:30PM-4:30PM 8 11 9.5 7 5 6 15.5 3:15PM-4:15PM _ 11 19 15 14 15 14.5 29..5 4:30PM-5:30PM 11 12 11.5 2 8 5 16.5 4:15PM-5:15PM __ 21 15 18 13 18 15.5 33.5 5:30PM-6:30PM 12 15 13.5 18 5 11.5 25 5:15PM-6:15PM 11 18 14.5 15 20 17.5 32 6:30PM-7:30PM 6 10 _ 8 4 2 3 11 6:15PM-7:15PM 18 17 17.5 10 14 12 29.5 7:30PM-8:30PM 7 11 9 7 4 5.5 14.5 7:15PM-8:15PM 18 19 18.5 17 17 17 35.5 8:30PM-9:30PM __ 11 5 8 3 2 2.5 10.5 8:15PM-9:15PM 13 9 11 7 11 9 20 9:30PM-10:30PM 1 5 3 1 0 0.5 &5 9:15PM-10:15PM 4 ----F- 11 7.5 3 4 3.5 11 10:30PM-11:30PM 2 1 1.5 ___ 0 1 0.5 2 10:15PM-11:15PM 1 2 1.5 _ 0 2 1 2.5 11:30-12:30AM 1 2 1.5 1 0 0.5 2 1 :15PM-12:15AM 0 0 0 0 2 1 1 12:30AM-1:30AM__ 0 0 0 0 0 0 0 :15AM 0 1 0.5 0 0 0 0.5 1:30AM-2:30AM 0 1 0.5 1 0 0.5 1 15AM 2 0 1 2 0 1 2 2:30AM-3:30AM I 0 0 0 1 0 0.5 0.5 15AM 0 0 0 D 0 0 0 3:30AM-4:30AM 1 1 1 0 0 0 1 15AM 0 0 0 0 1 0.5 0.5 4:30AM-5:30AM 2 2 2 0 0 0 2 15AM 2 2 2 4 1 2.5 4.5 5:30AM-6:30-AM 6 3 4.5 0 3 15 6 15AM 2 2 2 4 2 3 5 6:30AM-7:30AM 8 10 9 6 1 312.5 :15AM 7 5 6 10 14 12 18 Total Daily Counts: 135 151 91 63 _ 156 173 164 189 _ - _ Avg.vehicles per hour for an 8-hrs: 17 Avg.vehicles per hour for an 8-hrs: 27 TRAFFIC COUNTS Western&Northland Intersection Date of Count: 5/26/09-5/27/09 Date of Count: 5/19/09-5/20/09 Western Northland Total AVG Total AVG Hourly ourly Hour y - Houry Eastbound Average Westbound N/A Average FJB&W/B Northbound Average Southbound Average NIS&SIB Time L_ IT 4?Y? P?Y1_ __D?Y_?____ ........................... .............._Time. ___py _Pay-?________________�?Y� �?Y?______________ ...........................8:15AM-9:15AM 7 8 __ 0 8 9AM-10AM 7 3 5 11 10 10.5 15.5 9:15AM-10:15AM 9 8.5 0 8.5 _ IOAM-11AM 8 9_ 8.5 5 4 __ 4.5 13 10:15AM-11:15AM 7 6.5 0 6.5 11 AM-12PM 9 8 8.5 10 3 6.5 15 11:15AM-12:15PM 9 9 0 9 12PM-1 PM 3 9 _ 6 1 12 6.5 12.5 12:15PM-1:15PMi 8 9 1 8.5 _ 0 8.5 1PM-2PM 15 12 13.5 11 11 11 24.5 1:15PM-2:15PM 1 7 6 6.5 ___ _ 0 6.5 2PM-3PM 6 12 9 9 2 5.5 14.5 2:15PM-3:15PM 9 6 Z5 0 7.5 3PM-4PM 13 14 13.5 10. 15 12.5 26 3:15PM-4:15PM 15 9 12 0 12 4PM-5PM 14 20 _ 17 10 9 9.5 26.5 4:15PM5:15PM 10 7 8.5 0 8.5 5PM5PM 19 22 20.5 8 10 9 r29n5'. 5:15PM-6:15PM 8 13 10.5 0 10.5 6PM-7PM 14 26 20 10 10 10 541 6:15PM-7:15PM 5 12 8.5 0 8.5 7PM-8PM 15 21 18 11 10 10.5 2&5 7:15PM-8:15PM 5 3 4 _ 0 4 SPM-9PM 11 14 12.5 9 10 9.5 22 8:15PM-9:15PM 1 7 4 0 4 9PM-10PM 9 8 8.5 2 1 1.5 10 9:15PM-10:15PM 0 2 1 0 1 IOPM-11PM 7 2 4.5 0 2 1 5.5 10:15PM-11:15PM 3 0 1.5 0 1.5 11PM-12AM 0 0 0 0 0 0 0 11:15PM-12:15AM 0 0 0 0 0 12AM-1AM 2 1 1.5 1 0 _ 0.5 2 12:15AM-1:15AM 1 0 0.5 0 0.5 1AM-2AM 0 1 0.5 1 0 0.5 1 1:15AM-2:15AM 0 0 0 0 0 2AM-3AM 0 0 0 0 0 0 0 2:15AM-3:15AM 0 0 0 0 0 3AM4AM 2 0 1 0 D 0 1 3:15AM-4:15AM 1 0 0.5 0 0.5 4AM-5AM 0 2 1 1 1 1 2 4:15AM-5:15AM 4 4 4 0 4 5-AM-6AM 4 3 3.5 1 1 1 4.5 5:15AM-6:15AM 6 6 6 0 6 6AM-7AM 6 5 5.5 5 6 5.5 11 6:15AM-7:15AM 15 13 14 0 14 7AM-8AM 8 13 10.5 4 8 6 18.5 7:15AM-8:15AM 11 16 13:5 0 13.5 8AM-9AM 7 17 12 4 16 10 22 Total Daily Counts: 141 145 143 0 0 0 179 222 124 141 1Avg.vehicles per hour for any 8-hrs: 10 Avg.vehicles per hour for any 8-hrs: 25 I `QED C/Ty Reviewed By: Agenda Item/Number J� T Legal ❑ EST teas Finance F]Es 1 Engineer jn.� 131-9 Tracking Number X09 I� r City Administrator ❑ Consultant o p W a oc�j LE Agenda Item Summary Memo Title: Traffic Study—Van Emmon &Heustis Meeting and Date• August 18, 2009 Public Works Committee Synopsis: Recommendation to revise signage at the Van Emmon/Heustis intersection to have Heustis stop at Van Emmon. 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: C/T` Memorandum To: Joe Wywrot, City Engineer EST. , 1e36 From: Jackie Dearborn, Civil Engineer X l J � M p Date: July 23, 2009 Subject: Traffic Study—Van Emmon and Heustis <CE � I have reviewed the traffic counts at Van Emmon Street and Heustis Street to determine the placement of regulatory signs at this intersection. Currently the vehicles traveling east and west on Van Emmon Street are required to stop at Heustis Street. At this comer, a less important road, Heustis Street, intersects with a main road, Van Emmon Street. Heustis Street averages 1128 vehicles and Van Emmon Street averages 2952 vehicles in a 24-hour period. According to the MUTCD, two-way stop control should be applied to the street carrying the lowest volume of traffic. In this case, vehicles on Heustis Street should be stopped in order to minimize the number of vehicles having to stop. The appropriate street upon which to install a stop sign can also be determined to be the one that has obscured vision, dips or requires drivers to use lower operating speeds. Drivers traveling north on Heustis Street are coming down a hill as they approach the intersection of Van Emmon Street. Vision is also obscured for drivers traveling south on Heustis Street. A building on the northwest corner and the overgrown trees on the northeast corner prevent drivers from seeing vehicles on Van Emmon Street as they approach the intersection. The conditions have been met at this intersection for installation of a stop sign and based on the guidance and engineering judgment, the appropriate street to stop is Heustis. Another consideration is multiway stop application at this intersection. A multiway stop is used where the volume of traffic is approximately equal. Since the volume of traffic on Van Emmon Street is over 2.5 times the volume on Heustis Street,this prevents the use of a four-way stop unless certain other criteria are met. A multiway stop control can be useful as a safety measure. There were a total of 5 crashes that have occurred over a 12-month period at this intersection between 12/1/07 and 12/1/08. To be considered a crash problem, these accidents would have to be susceptible to correction by a multiway stop installation. However, only one accident meets the criteria. This accident occurred when a driver,heading westbound on Van Emmon Street after stopping at the stop sign, entered the intersection and struck a car heading north on Heustis Street. No citations were issued. Based on the other accidents at this intersection,it is my opinion that there is some confusion at this intersection about which direction of traffic is required to stop. Normal driver expectations are such that at the intersection of a less important road with a main road, the main road has the right-of-way and minor road is required to stop. There were two nearly identical accidents at this intersection that prove this point. In both instances, drivers heading westbound on Van Emmon Street were rear-ended while they stopped at the stop sign. The reports stated that the drivers did not have enough time to stop. This could mean that the drivers did not see the stop sign or that perhaps these drivers were not expecting there to be a stop sign on this through street. I believe that these accidents could be corrected by stopping traffic on Heustis Street instead of stopping traffic on Van Emmon Street. Another accident occurred at this corner when a car traveling northbound on Heustis turned in front of a car traveling southbound on Heustis. Vehicles traveling north on Heustis come down a relatively steep hill and should be applying the brakes to slow down as they approach the intersection. Had there been a stop sign at this coiner, this conflict could have been avoided. The remaining accident was due to weather conditions. A multiway stop may be useful as a safety measure however, the accident reports do not support its use. The volume of traffic entering the intersection also does not meet the minimum requirements. Over any 8 hours of an average day, Heustis averaged 80 vehicles per hour and Van Emmon Street averaged 200 vehicles per hour over the same 8 hours. This does not satisfy the minimum of 300 vehicles entering the intersection fi•om the major approach and 200 from the minor approach. The current traffic control signage has been in place for many years. We believe that the reason was to allow school buses on Heustis to pass through the intersection without having to stop at Van Emmon. We have spoken to the Yorkville School District and their current school bus transportation provider, and they have no objection to this proposed change in signage. My recommendation is to remove the stop signs from Van Emmon Street and reinstall them to stop the traffic on Heustis Street. The overgrowth of trees on the northeast corner should also be trimmed or removed because of the sight distance problem at this intersection. Note: Currently drivers traveling south who want to head east on Van Emmon Street "cut through" on Hydraulic Street instead of continuing south on Route 47 to the traffic signal at Van Emmon Street. By cutting through, they avoid any backup of traffic on the bridge because there is a designated left turn lane onto Hydraulic Street. They also avoid the traffic signal on Route 47 and the stop sign on Van Emmon Street. Adding stop signs to Heustis Street will discourage drivers from cutting through and removing the stop signs on Van Emmon Street will allow this street to function as the through street. I personally witnessed two near accidents at this intersection — one while waiting to set up the traffic counters and another while waiting to take them down. In both instances, drivers heading west on Van Emmon Street assumed the approaching vehicle on Heustis Street was going to stop. These drivers slowly began to enter the intersection after stopping at the stop sign and were honked at by oncoming traffic. TRAFFIC COUNTS H tis&Van Emmon Date of Count:6/30109-7/2/09 Date of Count:6123/09-6/25/09 Huestis I I Van Emmon Total AVG _ TotalAVG Hourly Hourly I Hourly Hourly Northbound Average Southbound Average H/B&SIB Eastbound Average Westbound Average EIS&W/B Time Day_?_____�?Y_?_______________ Day? ____�aY_?______ ..._Time............. _Day I__ __DaY_? -____________a-V 1______Day_?__________ _________................................ ........ ___ ................................ 10:30-11:30AM 11 25 18 41 35 38 56 10:30- 11:30AM 65 1 52 38 83 99 91 129 11:30-12:30PM 16 35 25.5 54 52 53 78.5 11:30-12:30PM 73 1 82 77.5 88 93 90.5 168 12:30-1:30PM 24 21 22.5 63 55 59 81.5 12:30-1:30PM 68 67 67.5 103 100 101.5 169 1:30-2:30PM 16 14 15 50 44 47 62 1:30-2:30PM 51 67 59 113 88 100.5 159.5 2:30-3:30PM 19 18 18.5 39 69 54 72.5 2:30-3:30PM 71 79 75 112 139 125.5 200.5 3:30-4:30PM 25 16 20.5 62 101 81.5 102 3:30-4:30PM 69 74 71.5 137 181 159 230.5 4:30-5:30PM 19 27 23 69 87 78 101 4:30-5:30PM 106 98 102 161 171 166 268 5:30-6:30PM 17 26 21.5 58 53 55.5 77 5:30-6:30PM 84 74 79 155 133 144 223 6:30-7:30PM 20 1 11 _ 15.5 50 39 44.5 60 6:30-7:30PM 65 71 68 101 106 103.5 171.5 7:30-8:30PM 9 12 10.5 33 39 36 ___ 46.5 7:30-8:30PM 60 55 57.5 128 _ 117 122.5 180 _8:30-9:30PM 10 13 11.5 30 30. 30 41.5 8:30-9:30PM 52 68 60 69 71 70 130 9:30-10:30PM 7 8 7.5 13 23 18 25.5 9:30-10:30PM K56 33.5 47 45 J245 79.5 10:30-11:30PM 1 4 2.5 4 7 5.5 8 10:30-11:30PM 16.5 33 16 41 11:30-12:30AM 3 1 2 6 5 5.5 7.5 11:30-12:30AM 12.5 15 18 29 12:30-1:30AM 2 1 1.5 4 5 4.5 6 12:30-1:30AM 8 8 6 15 1:30-2:30AM 4 0 2 2 2 2 4 1:30-2:WAM 1.5 4 4 4 5.5 2:30-3:30AM 0 1 0.5 1 0 0.5 1 2:30-3:30AM 5 7 0 3.5 8.5 3:30-4:30AM 1 1 1 1 1 1 2 3:30-4:30AM 1 5.5 3 2 2.5 8 4:30-5:30AM 5 6 5.5 2 2 2 7.5 4:30-5:30AM 14 17 12 14.5 28.5 5:30-6:30AM 16 16 16 20 17 18.5 34.5 5:30-6:30AM 43.5 39 35 37 80.5 ,6:30-7:30AM 21 27 24 47 41 44 68 6:30-7:30AM 62 64 58 61 123 17:30-8:30AM 23 25 24 45 39 42 66 7:30-8:30AM 64 110 105 107.5 171.5 8:30-9:30AM 12 20 16 43 50 46.5 62.5 8:30-9:30AM 70 105 92 98.5 168.5 '.9:30-10:30AM 23 9 16 41 41 41 57 9:30-10:30AM 73 88 80.5 81 86 83.5 164 Total Daily Counts: 304 337 778 837 1128 1181 1203 1783 1777 2951.5 Avg.vehicles per hour for any 8-hrs: 801 Avg.vehicles per hour for an 8-hrs: 200 `QED C/r/ Reviewed By: Agenda Item Number J� a 0 Legal ❑ EST Finance F1 1 - Engineer El Tracking Number 4 City Administrator ❑ q.. Consultant ❑❑ P /V a CU01 _ Agenda Item Summary Memo Title: Policy Regarding SSA's and Security Bonding/Letters of Credit Meeting and Date• August 18, 2009 Public Works Committee Synopsis: For discussion. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: George Gilson Alderman Name Department Agenda Item Notes: A. 0 C/).k Reviewed By: Agenda Item Number J� Fl Legal ❑ Iq ki 'it g Finance ❑ EST. , 1836 Engineer ❑ g Tracking Number Q f° 9 City Administrator ❑ S1 O Consultant ❑ Pw douq.,89 E `�V F1� Agenda Item Summary Memo Title: Heartland Circle mowing activity Meeting and Date: PW committee August 18, 209 Synopsis: Update on lot mowing activity in heartland circle Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: FYI Council Action Requested: none Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: ,2 Memorandum To: Joe Plocher, Chairman esr 1 leas From: Eric Dhuse, Director of Public Works � ti CC : Brendan McLaughlin, Administrator ��-- p 16 p� Date: August 13, 2009 Subject: Heartland Circle mowing issues Joe, At your request, we have put together an overview of the Heartland Circle subdivision lot mowing activity by attaching maps that depict which lots/homes were signed for grass taller than 8". These lots did not receive tickets because they mowed the lot/home before the five days. As you can see these are the bulk of the lots, which is encouraging to me. This tells me that once we educate people about our ordinance, they are willing to follow it. I know this doesn't work for everyone, but none the less it is still a good sign. There is also a map of lots that were ticketed and have been to or will be going to administrative adjudication. These were lots that were unresponsive to the posting of signs and were mowed by Public Works. I would ask that this item be placed on the August 18, 2009 public works committee agenda for discussion. If you have any questions or concerns, please let me know. (;b —HaleYCt—I z ° / /�`Ny"hestead-Ot' as ts, ifl ❑ ab 1 p )I 9b l 861 (J 1 W ad. / as a 861 I / gal \� ° 6 i ArroWh eadDe �/ � / � � _ CZea / Water•a X \ 85 / Dh zn / a6 L� \ z I / l 1zz9 If Q •^ via \ V'\ 1 o a1 1�0 f–'rJ Le[ n \\ I lrrc as � 04 F � / / � \ • b e+ 1313 I a � 1 — — � / \\ T• d� II 1I6 I B°1 1 I — Nedwo Dr— l \I �'� I Be 1 30a 661 661 14 I y 1263 6if hm O6 1 1 / I Fri i 356 ^ i / ED IJ 1 –AUbUrh I, \ � e B\<6h� � 1 LLL3 rrr---11f s9a 502 109z 6 3 14 I I 32 10 I LY6 0 3f I 42 CIO i's 1 soz 3° W 91 1za 1 30 ° I 1 C Legend a1 _Gi - Signed-New Complaint \ - Compliant \ — PW Mow 1 \ Tickets Issued Heartland Circle Mowing They,thrpnvas, Without I or any representation of „ ac The Data is provided d completeness.If is the responsltatioo/fhe "Requester"to determine accuracy,timeliness,completeness,and Complaint Status appropriateness of its use.The plied,to the Yorkville makes no W �E wawa Parr expressed provided by implied,to the use of the Data. yy��VVJJ or -Parcel Data provitletl by Kendall County GIS August 2009 -Map produced by United City of Yorkville GIS 8 `QED C/r` Reviewed By: Agenda Item Number 2 ® J 4 Legal ❑ OB # 1 1836 EST. '1 Finance F1 h Engineer F] Consultant Tracking Number City Administrator Gl Consultant ❑ y� goon- &3 CE Agenda Item Summary Memo Title: Fly Dumping in Vacant Areas of Subdivisions Meeting and Date: Public Works— 8/18/09 Synopsis: For discussion. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Burd Name Department Agenda Item Notes: C/?.y Reviewed By: Agenda Item Number �? 'q O Legal ❑ ©� 0� esr. _8 1e36 Finance F1 1 - Engineer (ia(o9 Tracking Number City Administrator F Consultant ❑ PW d(��(� -73 <4. ❑ Agenda Item Summary Memo Title: Stormwater Basin Maintenance Meeting and Date: August 18, 2009 Public Works Committee Synopsis: Discussion regarding enforcement of stormwater basin maintenance. 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: ,e.D C/T/ o10 Memorandum esr. , 1836 To: Brendan McLaughlin, City dmini$1 From: Joe Wywrot, City Engineer ll p CC: Kathy Orr, City Attorney Travis Miller, Community Development Director LE Laura Haake, City Parks Designer Date: August 12, 2009 Subject: Stormwater Basin Maintenance Attached find our standard easement language for stormwater management areas, which are dedicated for stormwater basins. At the Public Works Committee meeting on July 2151,we discussed the possibility of using our easement rights to ensure that homeowner associations properly maintain the basins,including the landscaping. I believe that the easement does provide the city with that ability. The easement language states that the property owner shall remain responsible for maintenance of the basin, so we could invoice the owner for the cost of any work that we perform or hire out. The issue will probably be reimbursement of those costs. For developments with established back-up special service areas, we could activate the SSA if costs are not voluntarily reimbursed. For developments where there is no back-up SSA, we might be able to collect through the administrative adjudication process. Kathy Orr should advise us whether the existing easement language is sufficient to enforce proper maintenance, and what process we should follow regarding enforcement and reimbursement of costs. Our NPDES permit issued by the Illinois EPA requires us to monitor post-construction runoff from new development and to ensure long-term operation and maintenance of stomiwater BMP's. Establishing authority to require proper maintenance of stormwater facilities is an important part of post-construction enforcement. Currently there are approximately 159 stormwater basins of various sizes and types within Yorkville's city limits. Inspections and follow-up enforcement would be a combined effort of the Engineering and Community Development Departments. Please place this item on the Public Works Committee agenda of August 18, 2009 for discussion. STORMWATER MANAGEMENT EASEMENT PROVISIONS AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF YORKVILLE AND TO ITS SUCCESSORS AND ASSIGNS, OVER ALL OF THE AREAS MARKED "STORMWATER MANAGEMENT EASEMENT' (abbreviated S.M.E.) ON THE PLAT FOR THE PERPETUAL RIGHT, PRIVILEGE, AND AUTHORITY TO SURVEY, CONSTRUCT, RECONSTRUCT, REPAIR, INSPECT, MAINTAIN AND OPERATE STORM SEWERS AND THE STORMWATER MANAGEMENT AREA, TOGETHER WITH ANY AND ALL NECESSARY MANHOLES, CATCH BASINS, SANITARY SEWERS, WATER MAINS, ELECTRIC AND COMMUNICATION CABLES, CONNECTIONS, DITCHES, SWALES, AND OTHER STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID CITY, OVER, UPON, ALONG, UNDER AND THROUGH SAID INDICATED EASEMENT, TOGETHER WITH THE RIGHT OF ACCESS ACROSS THE PROPERTY FOR NECESSARY MEN AND EQUIPMENT TO DO ANY OF THE ABOVE WORK. THE RIGHT IS ALSO GRANTED TO CUT DOWN, TRIM OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS ON THE EASEMENT THAT INTERFERE WITH THE OPERATION OF SEWERS OR OTHER UTILITIES. NO PERMANENT BUILDINGS SHALL BE PLACED ON SAID EASEMENT. NO CHANGE TO THE TOPOGRAPHY OR STORMWATER MANAGEMENT STRUCTURES WITHIN THE EASEMENT AREA SHALL BE MADE WITHOUT EXPRESS WRITTEN CONSENT OF THE CITY ENGINEER, BUT SAME MAY BE USED FOR PURPOSES THAT DO NOT THEN OR LATER INTERFERE WITH THE AFORESAID USES OR RIGHTS. THE OWNER OF THE PROPERTY SHALL REMAIN RESPONSIBLE FOR THE MAINTENANCE OF THE STORMWATER MANAGEMENT AREA AND APPURTENANCES. THE UNITED CITY OF YORKVILLE WILL PERFORM ONLY EMERGENCY PROCEDURES AS DEEMED NECESSARY BY THE CITY ENGINEER OF THE UNITED CITY OF YORKVILLE. LAW OFFICE KATHLEEN FIELD ORR & ASSOCIATES 180 NORTH MICHIGAN AVENUE SUITE 1040 CHICAGO, ILLINOIS 60601 (312)382-2113 (312)382-2127 facsimile KATHLEEN FIELD ORR LISA M. BERNSTEIN kfo(a)kfoassoc com lmb cVi kfoassoc.com MEMORANDUM To: Brendan McLaughlin, City Administrator cc: Joe Wywrot, City Engineer Travis Miller, Community Development Director Laura Haake, City Park Designer From: Kathleen Field Orr, City Attorney Date: August 14, 2009 Subject: Stormwater Basin Maintenance I have reviewed Joe's memo to you of August 12, 2009, pertaining to the maintenance of stormwater management areas and I would agree that the easement language provides that the property owners remain responsible for the maintenance of the stormwater basin. I would further agree that enforcement of the property owner's obligations to maintain the basin could be administered through the City's adjudication system if we would adopt an ordinance requiring the proper maintenance of stormwater basins as necessary to prevent flooding and the diminution of the quality of the stormwater in accordance with best management practices. I would also recommend that prior to the issuance of any citation, the appropriate City professionals meet with the property owners to advise them of the standards of "best management practices" and the obligation of continuing maintenance. As this is a matter of the preservation of the quality of life of the residents of the City, I believe the issuance of citations may be avoided if there is mutual understanding of the consequences if maintenance is not considered a priority. C/T� Reviewed By: Agenda Item Number Z) O� Legal ❑ O B 43 1836 EST. Finance ❑ Engineer El Tracking Number -4 y City Administrator ❑ ;� Consultant ❑ RW )1 OOC1 _(09 Agenda Item Summary Memo Title: Water meter pricing Meeting and Date: PW committee August 18,2009 Synopsis: Proposed pricing for large water meters Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: positive Council Action Requested: approval Submitted by: Eric Dhuse Director of Public Works Name Department Agenda Item Notes: Memorandums To: Brendan McLaughlin, Administrator EST. ... 1836 From: Eric Dhuse, Director of Public Works p� CC: p Date: July 16, 2009 Subject: Water meter price changes CE Brendan, The manufacturer of our water meters has discontinued our current line of large water meters and has replaced them with a new one. With this comes a change in pricing as well for meters that are 1 t/E' — 6" in size. This change will not affect our standard residential meter pricing which are 5/8", 3/4", and 1 ". I have listed below both the current pricing and the proposed pricing. Meter Size Current Pricing Proposed New Pricing 1 '/2 $790 $ 1630 2" $2800 $ 1790 3" $3550 $2200 4" $5420 $3680 6" $8875 $5820 As you can see, all but one of the meter prices actually went down. This is due to new technology being developed that uses many fewer moving parts. I would ask that this be placed on the July 21 , 2009 Public Works Committee agenda for discussion. If you have any questions, or need further information please let me know. c'ry°� Memorandum To: Brendan McLaughlin, Administrator Esr. ' Bess From: Eric Dhuse, Director of Public Works t y CC: Date: August 11, 2009 Subject: Water Meter Pricing LE Brendan, There have been some questions asked on my proposal to replace our current large water meters with a new model. Here are the questions and answers. 1 . Why is the 1 11/2" Omni meter so much more expensive than the other sizes? Relationally, the other Omni meters have significantly decreased in pricing. Why not the 1 1/2"? As we all agree, this meter line is different from the current meters we use now. The new 1 %2" meter is now more like the larger meters instead of a large residential meter with flange connections, it is capable of future SCADA integration for historic use, and can be repaired in the field instead of replacing the meter and sending the meter to the manufacturer to be rebuilt. I believe that this would lead to a higher base price for this line of meters. The other size OMNI meters have not significantly decreased in price, but instead they are much more inexpensive than our current meters. I am not privy to any of that type of information as to pricing from the factory, so I can not speak directly to that issue, but I can deduce as a purchaser that it is possible that the manufacturer could have found a better production method, use of different materials (old body is brass, new body is ductile iron), or new technology has allowed them to reduce costs that are passed on to the purchaser. 2. Agreed A. what is the maintenance schedule for these meters over time? To my knowledge, nothing different than any other meter. B. do we have any towns currently using these meters on a large scale that we can refer to? Since these meters have only been available for approximately 6 months, they are still relatively new to the market. I have not received a call back from Highland park at this time. I will talk to the person before the meeting and bring the information with me. C. I apologize for the error. I did not give you the correct cost for the internal parts replacement. The cost is actually approximately $800 which is $250 less than the meter cost. The current cost for internal replacement for an SR meter is . Although this is expensive, it is a rare occurrence. All costs are for 1 /z" meters. (At the time, I have not heard back from our rep, so I will bring the information to the meeting for discussion.) D. As far as the advantage of replacing the inner workings in the field w/o taking the meter out of line, in most if not all cases, we have a shut off valve on one or both sides of the meter that will most likely have to be shut down anyway to repair the Omni meters inline. Is this the assumption correct? If so, what real advantage is there when we already have the water shut off, over the few minutes it takes to take the meter out and install a new meter in th3e meter flange or tailpiece? How fast can our guys put in a new 1 %" meter in and existing meter set? You are correct in regards to the shut off valves; we specify that there is a valve on both sides of the meter. The advantage of the Omni meter is that we can replace the internal workings by removing four bolts and the head and replace everything without removing the meter, replacing it and shipping it back to the manufacturer to be rebuilt. Our employees are very well versed in replacement of all of our meters. I feel that it is much more efficient to replace the part that needs repair instead of removing the entire meter. E. Are these meters more susceptible to wear than the SR2 meters or another conventional PD meter? Not to my knowledge. If anyone has any further questions, please let me know. Page 1 of 2 Eric Dhuse From: gilsonwardl @comcast.net Sent: Tuesday, August 11 , 2009 10:08 AM To: Meghan Gehr; Eric Dhuse Subject: Re: Importance: High Meghan & Eric, I would like to ask for a specific answer to the following questions again: 1 ) Why is the 1 1/2" Omni meter so much more expensive than the other sizes? Relationally, the other Omni meters have significantly decreased in pricing. Why not the 1 1 /2"? 2) As Eric stated, these totally different and new technology as compared to the SR2 meters we currently use. I was asking specifically not comparatively to the SR2 meters: A) What is the maintenance schedule for these meters over time? B) Do we have any towns currently using these meters on a large scale that we can refer to? C) If it costs $250 to replace the inner working of this meter (what size?), depending on how often these will need replacement, this could be very expensive. What do we pay now to replace the inner workings of an SR2 in the various sizes? What does it cost to put in a new SR2 meter in the various sizes? D) As far as the advantage of replacing the inner working in the field w/o taking the meter out of line, in most if not all cases, we have a shut off valve on one or both sides of the meter that will most likely have to be shut down anyway to repair the Omni meters inline. Is this assumption correct? If so, what real advantage is there when we already have the water shut off, over the few minutes it takes to take the meter out and install a new meter in the meter flange or tailpiece? How fast can our guys put in a new 1 1 /2 meter in an existing meter set? E) Are these meters more susceptible to wear than the SR2 meters or another conventional PD meter? Meghan, Please put all the answers to these questions in the hands of each city council member tonight. Thanks, George Gilson Jr. Alderman - Ward 1 Sent from my B1ackBerry® wireless device from U.S. Cellular From: Meghan Gehr Date: Tue, 11 Aug 2009 08 : 14:58 -0500 To: George Gilson Jr.<gilsonwardl @comcast.net> Subject: George, Good morning ! Attached is a memo from Eric Dhuse answering your questions on the new water meters. Please let me know this morning if you would like any additional information from him 8/13/2009 ciry� Memorandum To: Meghan Gehr ( EST.. 1836 From: Eric Dhuse 1\ ^ CC: 1 y 9 °w p Date: August 10, 2009 Subject: answers for water meter questions <LE Meghan, Alderman Gilson e-mailed me and asked for some information regarding meters. Here are his questions and my responses for everyone. Alderman Gilson had previously asked for justification of the large price increase of the Omni C2 1 ''/2"meter compared to our current SR model. 1. How many 1 ``/z"meters do we have in our system as opposed to other sizes? Currently we have the following number of meters: 1 '/z"-49 2" - 105 3" - 18 4" - 11 6" - 3 As soon as I get the numbers from Judy, I will get them to everyone. 2. Does this meter require annual maintenance? To my knowledge, this meter does not require any additional maintenance when compared to other meters. 3. How long will this meter hold its accuracy and what does it take if this meter loses accuracy in terms of repair and costs involved making this meter accurate again? There is no guarantee on how long the accuracy will last. If we use past performance of the same brand of meters, I do not see any problems. As far as cost, I have a call into our representative to get an exact cost to replace the internal workings. 4. What other cities in this area have completely switched to Omni C2 meters? We did not check with other communities to see if they have completely switched. We saw an opportunity to use the accuracy of this meter to better account for the low flow usage. My 1,111 11 C T�Il \�VS 1-1/2" OMNI C2 �seNSUS� �SeJSL s� 000004.39 SeNSUS� GAL xl 000,004 2° 00.0000 GAL x+ GAL +Beam" Totalization Mode ° AMR/AMI Mode Resettable Test Mode 1-1/2"OMNI C2 � ' I 1 I Specifications MODEL:The OMNI C2 meter operation is based on advanced Floating Ball Technology(FBT)with an operating range of.25(.06 SERVICE Measure of parable water. m3thr)4A 95%min.to 200 gallons per minute(45 m3/hr)44 190% Operating temperature range of 33°F(.56°C)-150°F +/-1.5%registration of actual throughput.The meter is also rated (65.6°C). for continuous flows up to 160 gallons per minute(36 m31hr). OPERATING 100%+1.5%from.5-200 GPM(.11-45 ms/hr) RANGE CONFORMANCETO STANDARDS: The OMNI C2 meter meets LOW FLOW 95%-101.5%ai GPM(.06 ma/hr) and far exceeds the most recent revision of ANSI/AWWA Stan- dard C701 and C702 class II.Additionally,the meter does not MAXIMUM CONTINUOUS 160 GPM(36 ma/hr) require a valve to meet these standards.Each meter is perfor- OPERATION mance tested to ensure compliance.All OMNI meters are NSF a Approved to the latest standards. MAXIMUM INTERMITTENT 200 GPM(45 m/h) OPERATION PERFORMANCE:The patented measurement principles of the PRESSURE LOSS 6.9 psi 0160 GPM(48 her®36 m mr) OMNI C2 meter assure enhanced accuracy ranges,an overall greater accuracy,and a longer service life than any other compa- MAXIMUM OPERATING 200 PSI(13.8 bar) rable class meter produced.The C2 meter has no restrictions as to PRESSURE sustained flow rates within its continuous operating range.The floating ball measurement technology allows for flows up to its FLANGE CONNECTIONS 1-112"U.S.ANSI 816.1/AWWA Class 125 rated maximum capacity without undue wear or accuracy degra- dation. REGISTER Fully electronic sealed register with programmable registration(Gal./Cu.Ft./Cu.MtL/Imp.Gal/Acre FL) CONSTRUCTION:The C2 meter consists of two basic assemblies; Programmable AMP/AMI reading and pulse outputs the maincase and the measuring chamber.The measuring cham- Guaranteed 10 year battery life ber assembly includes the"floating ball"impeller with a Coated NSF APPROVED Mainease: Coated Ductile Iron titanium shaft,hybrid axial bearings,integral flow straightener and MATERIALS Measuring Chamber: Thermoplastic an all electronic programmable register with protective bonnet. Rotor"Floating Ball": Thermoplastic The maincase is made from industry proven Ductile Iron with an Radial Bearings: Hybrid Thermoplastic approved NSF epoxy coating.Maincase features are;easily Thrust Bearings: Sapphire/Ceramic Jewel removable measuring chamber,unique chamber seal to the main- Magnets: Ceramic Magnet case using a high pressure o-ring,testing port and a convenient Strainer Screen: Stainless Steel integral strainer with optional drain/debris-flushing ports. TEs(Plug over: Coated Ductile Iron Coated Ductile Iron OMNI ELECTRONIC REGISTER:The C2 electronic register is her- metically sealed with electronic pickup containing no mechanical STRAINER:The OMNI C2 with the"V"shaped integral strainer gearing.The large character LCD displays AMR,Totalization and a Resettable Test Totalizer. OMNI register features;AMR resolution using a stainless steel screen along with patented Floating Ball units that are fully programmable,Pulse output frequency that are Technology(FBT)create design that gives far improved accu- fully programmable,Integral customer data logging capability, racy even in those once thought questionable settings,A remov- Integral resettable accuracy testing feature compatible with AR- able strainer cover permits easy access to the screen for routine 5000 Testing Assistant Program,Large,easy-to-read LCD also dis- maintenance.Optional drain ports,located at the back lower cor- plays both forward and reverse flow directions and all with a 10- ners of the strainer body,allow for easy discharging of debris with- year battery life guarantee. out the need to remove the cover. MAGNETIC DRIVE:Meter registration is achieved by utilizing a MAINTENANCE:The OMNI C2 meter is designed for easy Mande fully magnetic pickup system.This is accomplished by the mag- nance.Should any maintenance be required,the measuring netic actions of the embedded rotor magnets and the ultra sensi- chamber and/or strainer cover can be removed independently. tive register pickup probe.The only moving component in water is Parts and or a replacement measuring chamber may be utilized in the"floating ball"Impeller. the event repairs are needed.Replacement and Measuring Cham- ber Exchange are available under the Sensus MMP Program for MEASURING ELEMENT:The revolutionary thermoplastic,hydro the C2 meters and this program may also be utilized for retrofitting dynamically balanced impeller floats between the bearings.The to competitive meters to achieve increased accuracy and patented Floating Ball Technology(FBT)allows the measuring ele- extended service life. ment to operate virtually without friction or wear,thus creating the extended upper and lower flow ranges capable on only the OMNI C2 meter. r OMNI-410 1-1/2" OWN C2 Meter 1.5"C2 Pressure Loss Curve with Strainer 1.5,,C2 Accuracy Curve io� — ��I�� Rate of R.(GPM) Rate of Flow(GPM) Register with Pulse and AMR Measuring C Chamber Assembly Strainer Cover Test ls ts Strainer rrrrrrrrrrrrrrrrrrrr�� -- � ,� , u-.- uum ��ti�Yl��r* � ' n C2 Rotor �wv� �� ,mss VA\\ �AL'_� �m..�.o�..w�� I..� - Weillhut Motor and Normal Operating Dimensions Net I Ship- Minimum ON 40mm .06m3/hr I 45m'/hr„ 13- 7-7/8' 16mm 8.53 kg 10.20 kg DISTRIBUTOR SkSeNSUS Uniontown,PA 15401 P.O. : METERING SYSTEMS :00-METER-IT-1-800-6 Fax:Direct to Factory Local:724-439-7729-Toll Free:1-800-888-2403 www.sensus.com(select"North America Water') Email:h2o!nfo@sensus.com ♦��0 C/pk Reviewed By: Agenda Item Number 2 J s Legal ❑ 0 /4 ESL 1836 Finance F-1 Engineer ❑ Tracking Number IN y City Administrator F1 91 eta µry 20 Consultant ❑ pv� 09008 - X11 7}� F-1<<E `may Agenda Item Summary Memo Title: Material storage building update Meeting and Date: PW committee August 18, 2009 Synopsis: Update on material storage building funding and process Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: FYI Council Action Requested: None at this time Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: `,��D C/TY Memorandum To: Brendan McLaughlin, Administrator EST. ", : 1836 From: Eric Dhuse, Director of Public Works CC: \ p� Date: August 13 , 2009 Subject: Material storage shed Brendan, Now that we have received confirmation that our request for $40,000 for a material storage shed was included in the 2010 Capital Budget, I would like to move forward with the project. It is my goal to have a building constructed by mid November to be prepared for snow season. In order to do that, we will have to act quickly when the grant is approved. For that reason, I have started gathering information and would like to put together specifications for bids and have them ready for approval when the grant is approved. I would ask that this be placed on the August 18, 2009 Public Works committee agenda for discussion. If you have any questions or concerns, please let me know.