Public Works Packet 2008 12-16-08 2\�EO cir o United City of Yorkville
? T 800 Game Farm Road
EST 1836 Yorkville, Illinois 60560
.4 -� Telephone: 630-553 -4350
Fax: 630-553 -7575
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AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, December 16, 2008
6: 00 p.m.
City Hall Conference Room
Presentation: None
Minutes for Correction/Approval: November 18, 2008
Items Recommended for Consent Agenda:
1 . PW 2008- 151 Nicer Facility (259 Cotmnercial Drive) — Grants of Easement
2 . PW 2008- 152 Hampton Inn — Plats of Easement
3 . PW 2008- 153 Windrose Medical Property — Sidewalk Easement
4. PW 2008- 154 Kendall Marketplace (IDOT Highway Permit #3 — 10399-07) — Bond Reduction 41
5 . PW 2008- 155 Kendall Marketplace — Earthwork LOC Expiration
6. PW 2008- 156 Fox Hill Unit 7 — Letter of Credit Reduction #4
7 . PW 2008- 157 Provena-Dreyer Medical Facility — Final Acceptance
New Business:
1 . PW 2008- 158 Water Department Report for September 2008
2. PW 2008- 159 Water Department Report for October 2008
3 . PW 2008- 160 2008 Leaf Pick Up Summary
4. PW 2008- 161 Revision to UCOY Water Ordinances
Old Business :
1 . PW 2008- 147 Game Farm Road/Somonauk Street — Additional Phase 2 Engineering &
MFT Appropriation Resolution
2 . PW 2008-94 Quiet Zone Engineering Services Agreement
3 . PW 2007- 108 In-Town Road Program (Future Phases) — Update
Additional Business:
Public Works Committee
December 16, 2008
Page 2
2008 City Council Goals
Public Works Committee
"Interim Public Works Facilti . " Eric Dhuse
Alderman Plocher Eric Dhuse
"Explore gray water reuse by city. "
Alderman Werderich Scott Sleezer
Alderman ere s Eric Dhuse
"Biodiesel, E85, and hybrid vehicles. "
Alderman Werderich Bart Olson
"Bike trails and pedestrian friendly development/redevelopment, with Alderman Golinski Dave Mogle
focus on increasing pedestrian access to downtown from anywhere in the Alderman Werderich Joe Wywrot
city and to the schools from anywhere in the city. "
UNITED CITY OF YORKVILLE
WORKSHEET
PUBLIC WORKS COMMITTEE
Tuesday, December 16, 2008
6 :00 PM
CITY CONFERENCE ROOM
---------------------------------------------------------------------------------------------------------------------------------------
MINUTES FOR CORRECTION/APPROVAL:
..........-------------------------........................----........................................-..................
-------------
1 . November 18, 2008
❑ Approved
❑ As presented
❑ With changes
---------------------------------------------------------------------------------------------------------------------------------------
ITEMS RECOMMENDED FOR CONSENT AGENDA:
-----------------------------------------------------------------------------------------------------------------------------
----------
1 . PW 2008- 151 Nicor Facility (259 Commercial Drive) — Grants of Easement
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. PW 2008- 152 Hampton Inn — Plats of Easement
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3 . PW 2008- 153 Windrose Medical Property — Sidewalk Easement
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
4. PW 2008-154 Kendall Marketplace (IDOT Highway Permit #3 — 10399-07) — Bond Reduction #1
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
5 . PW 2008- 155 Kendall Marketplace — LOC Expiration
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
6. PW 2008-156 Fox Hill Unit 7 — Letter of Credit Reduction #4
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
7. PW 2008- 157 Provena-Dreyer Medical Facility — Final Acceptance
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
NEW BUSINESS :
---------------------------------------------------------------------------------------------------------------------------------------
1 . PW 2008- 158 Water Department Report for September 2008
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. PW 2008- 159 Water Department Report for October 2008
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3 . PW 2008- 160 2008 Leaf Pick Up Summary
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
4. PW 2008- 161 Revision to UCOY Water Ordinances
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
OLD BUSINESS :
---------------------------------------------------------------------------------------------------------------------------------------
1 . PW 2008- 147 Game Farm Road/Somonauk Street — Additional Phase 2 Engineering & MFT
Appropriation Resolution
❑ Moved forward to CC consent agenda? Y N
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. PW 2008-94 Quiet Zone Engineering Services Agreement
❑ Moved forward to CC consent agenda? Y N
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3 . PW 2007- 108 In-Town Road Program (Future Phases) — Update
❑ Moved forward to CC consent agenda? Y N
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
ADDITIONAL BUSINESS :
---------------------------------------------------------------------------------------------------------------------------------------
DRAFT
Page 1 of 2
UNITED CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE MEETING
MONDAY, NOVEMBER 18, 2008 6:00 P.M.
City Hall Conference Room
PRESENT:
Alderman Joe Besco, Chairman (arrived at 6: 10)
Alderman Joe Plocher Dave Mogle
Alderwoman Robyn Suteliff Alderman Bob Allen
City Engineer Joe Wywrot City Administrator Brendan McLaughlin
Public Works Director Eric Dhuse (arrived at 6:35)
Susan Lambke Marta Keane
Kelly Rohlfing, Com 2 Recycling Donna Vojensky, Com 2 Recycling
Lisa Welz, Kendall County Record
The meeting was called to order at 6:00 pm. by Joe Plocher.
Presentations: None.
Minutes for Approval/Correction: October 21 , 2008 — Approved as presented.
Items Recommended for Consent Agenda:
1, PW 2008-140 Children of America Day Care — Plat of Easement
2. PW 2008-141 Tuscan Plaza — Bond Expiration
3. PW 2008-142 Fox Hill Unit 7 — LOC Expiration
4. PW 2008-143 Prairie Garden Subdivision — Letter of Credit Reduction #4
5. PW 2008-144 McVickers Development — Acceptance of Public Improvements
& LOC Reduction #3
6. PW 2008-145 Shops at Veterans Parkway — Construction Guarantee
Releases
7. PW 2008-146 Subordination of Surface Rights — Rt. 47 @ Wheaton Avenue
8. PW 2008-147 Game Farm Road/Somonauk Street — Additional Phase 2
Engineering & MFT Appropriation Resolution — This item is tabled until
December.
9. PW 2008-148 Ordinance Amending City Code regarding No Parking Areas
at the Intersection of John Street and Sycamore Rd. - Affected residents
should be notified.
All the items recommended for Consent Agenda with the exception of item #8 will move
on to City Council on Consent Agenda.
New Business:
2. PW 2008-150 E-Waste Recycling Proposal — There would be no cost to the city
for this service. The boxes need to be indoors in a secure location. There is a
matching grant that can be applied for for a facility. Staff can work out all the
details. No further action is needed.
Page 2 of 2
1 . PW 2008-149 Islands on the Fox River Accessibility Issues — It is still unclear
who owns the islands. There was discussion on a stairway to access the
unimproved island. If the island were to be improved with picnic tables or park
benches it would have to be wheelchair accessible. This is an informational item.
Dave Mogle will continue to research it.
Old Business:
1 . PW 2008-95 Van Emmon Drainage Issues — The Alderman said they can not
find the city's liability for the water in the homeowners basement.
2. PW 2008-98 YBSDIUCOY Joint Sanitary Sewer Project — This is no longer a
joint project with the city. It is removed from the agenda.
Additional Business
None.
The meeting was adjourned at 7 :42 P.M.
Minutes submitted by Laura Leppert
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Agenda Item Summary Memo
Title: Nicor Facility (259 Commercial Drive)—Grants of Easement
Meeting and Date: December 16, 2008 Public Works Committee
Synopsis: These casements are for existing and future public utilities across and around the
the property at 259 Commercial Drive.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
Crry�
Memorandum
ESL , 1836 To: Brendan McLaughlin, City drys for
From: Joe Wywrot, City Engineer
�p CC: Lisa Pickering, Deputy City rk
Date: November 25,2008
Subject: Nicor Facility(259 Commercial Drive)—Grants of Easement
Attached find one copy each of two proposed easement documents across the property at 259
Commercial Drive. This property is currently being developed by Nicor as a maintenance
facility.
The first document is a grant of easement for existing and future utilities around the perimeter of
the property, and also dedicates right-of-way for the cul-de-sac of Commercial Drive. This
document uses our standard easement language and I recommend that it be approved.
The second document is a grant of easement over an existing sanitary sewer and storm sewer that
run across the center of the property in an east-west direction. The easement grants the city the
right to maintain and replace them as necessary,but does not allow other utilities such as electric
or telephone lines to be located within them.
The reason for the difference between the two easements is due to the various development plans
and projects that have occurred in this area previously. This property is part of the Yorkville
Business Center and was originally planned to be subdivided into several lots as Unit 4 of the
development. A storm sewer was constructed across this property when Unit 3 was developed,
but only easements within the boundaries of Unit 3 were dedicated at that time. Since Nicer has
purchased all of the remaining property to develop as a single site,Unit 4 will not be platted.
Nicor was not aware of the existence of the storm sewer because an easement was never
established for it.
A sanitary sewer was constructed adjacent and parallel to the storm sewer in 2006 as part of the
Rob Roy Creek Interceptor project. We obtained an easement for the sanitary sewer in 2005 from
Inland(the owner at the time),but the easement document was misplaced and not found and
recorded until April 2008,which was after Inland sold the property to Nicor. Since Nicor was not
aware of the previous easement agreement when they purchased the property,they have
requested that the previous easement,which has terms that could negatively affect their use of
the property, be vacated.
Nicor is willing to grant easements for these sewers,but since the sewers runs through the center
of the development,Nicor wants to limit the easements to these two sewers only.No other city
utilities or utilities from Com Ed, AT&T,etc. could be constructed within these easements. I
have reviewed the easement language and recommend approval.
Please place this item on the Public Works Committee agenda of December 16,2008 for
consideration.
Sec 17 wp 37 Rng 7E Third PM
Bristol Twp Kendall Co
PIN
NORTHERN ILLINOIS GAS
GRANT OF EASEMENT
THIS INDENTURE, made and entered into this _ day of , 2008, by and
between NORTHERN ILLINOIS GAS COMPANY, (doing business as Nicor Gas Company) a corporation
organized and existing under and by virtue of the laws of the State of Illinois (hereinafter sometimes referred to
as "Grantor") and The United City of Yorkville, an Illinois Municipal Corporation, (hereinafter sometimes referred
to as "Grantee"):
WITNESSETH :
WHEREAS , Grantee has requested Grantor to grant unto it a non-exclusive perpetual easement to
install , construct, reconstruct, operate, inspect, maintain, alter, repair, replace and remove one storm sewer, not
to exceed 48 inches in diameter, and one sanitary sewer, not to exceed 12 inches in diameter (collectively herein
referred to as the "Facilities") in, under, upon and across certain real property owned by Grantor in Kendall
County, Illinois (hereinafter more fully described) .
WHEREAS , Grantor, insofar as it has the right so to do, is willing to grant unto Grantee a non-exclusive
perpetual easement for said Facilities, but only upon the terms, covenants and conditions hereinafter set forth:
NOW, THEREFORE, in consideration often and no/100 ($10.00) dollars and other good and valuable
consideration , the receipt and sufficiency of which are hereby acknowledged, and in further consideration of the
mutual covenants and agreements hereinafter set forth, Grantor hereby grants, without warranty of title, unto
Grantee , its successors and assigns, a non-exclusive perpetual easement to install, construct, reconstruct,
operate, maintain, alter, repair, remove and replace said Facilities in, under, upon, through and across:
A 20 foot wide strip of land for the sanitary sewer, and a 10 foot wide strip of land for the storm sewer, all
located in a part of the East Half of Section 17, Township 37 North, Range 7, East of the Third Principal
Meridian, Yorkville, Kendall County, Illinois, and being more particularly depicted and described on the
Easement Exhibit prepared by Jacob & Hefner Associates, Inc. dated November 14, 2008, certified
November 17, 2008 by Gilbert Evans, ILPS, attached hereto and made a part hereof.
The easement for said Facilities herein granted by Grantor to Grantee is granted solely for the
aforementioned purpose over and across the easement premises and upon the following additional terms,
covenants and conditions, which Grantee, for and on behalf of itself, its successors and assigns, expressly
acknowledges, undertakes and agrees to fulfill and discharge, to-wit:
1 . Except in an emergency, all installation, construction, reconstruction, inspection, maintenance,
alteration, repair, replacement and removal work to be performed by Grantee on the premises, shall be
performed at such time as shall have been approved in advance by Grantor. Notice of any such proposed work
shall be given Grantor as least forty-eight (48) hours prior to the proposed commencement thereof.
2. Grantee shall reimburse Grantor for any costs or expenses, sustained or incurred in connection with
any damage or injury to Grantor or to any property of Grantor in the course of construction, reconstruction,
operation, maintenance, alteration, repair, replacement or removal of Grantee's Facilities.
3. All installation, construction, reconstruction, inspection, maintenance, operation , alteration, repair,
replacement or removal work performed by Grantee pursuant to the easement granted by this indenture shall
conform to the following rules and regulations:
a. No equipment shall be stored and no materials shall be stored or stockpiled on
Grantor's property.
b. Prior to the start of construction, 48 hours notice shall be given to Grantor.
c. Natural drainage of the premises shall not be impaired. Upon completion of said
work, Grantee shall remove from the premises all unused excavated material, including
the rock and debris, and shall replace all back-filling material in a neat and workmanlike
manner. Grantee shall restore the premises and any adjacent property used by it in
connection with the construction, reconstruction, maintenance, alteration, repair,
replacement or removal of said Facilities, including , but not limited to pavement, curbs ,
gutters, landscaping, shrubbery, trees and lawns, to the satisfaction of Grantor.
d. Grantee hereby agrees it will not suffer or permit any mechanic's liens or other
lien to attach to the Premises by reason of any improvements or alterations to the
Premises or work done thereon by or upon the order of Grantee and will save Grantor
harmless from any such lien or claim therefor and from any and all costs or expenses
(including without limitation, attorney's fees) incurred in connection with any such lien or
claim .
4. Grantee agrees to indemnify, defend and hold Grantor, its affiliates, parent company, successor and
assigns harmless from any and all liability, claim or action whatsoever, including but not limited to attorneys fees
that arises from Grantee's acts, omissions resulting in damage to property or injury to person, including death,
and/or liability resulting from its Facilities over or under any wetlands in Grantor's Property. Grantee further
agrees to use erosion control methods in order to prevent any construction material or debris from filing any
wetlands area , and if any construction material or debris reaches wetlands area, the same shall be removed.
5. Grantee shall at all times, and under all circumstances, indemnify, defend, protect and save harmless,
Grantor, its affiliates, parent company, successors and assigns, from and against any and all liability, damages,
losses, claims, demands, actions and causes of action whatsoever (including any reasonably costs, expenses
and attorneys' fees which may be incurred in connection therewith) whether or not the claim, demand or action
asserted be meritorious, and which results from or is alleged to result from, or which arises out of or in connection
with, or is alleged to arise out of or in connection with, the breach of Grantee of any covenant in this Easement
Agreement, or the non-compliance by Grantee of any applicable law (including, without limitation, Environmental
Laws) at the premises or the installation, construction, reconstruction, operation, maintenance, alteration, repair,
replacement, use, removal or existence of said Facilities by Grantee upon the premises, or the existence of the
non-exclusive perpetual easement granted Grantee hereunder; provided, however, that in the event any such
claim, damage, loss , demand, action or cause of action is asserted against Grantor, Grantor shall furnish
Grantee with written notification thereof and Grantee shall conduct the defense thereof before any court, board,
commission or other governmental body exercising jurisdiction therein with counsel acceptable to Grantor and at
Grantee's expense. No settlement or compromise of any such claim, damage, loss, demand, action or cause of
action shall be made unless agreed to by Grantor, in writing. Grantor, its affiliates, parent company, successors
and assigns, shall not be liable to Grantee , or Grantee's successors and assigns, for any damages or injuries to
any persons or to said Facilities or any other property of Grantee situated or located in, on , about or upon the
property subjected to this easement, except to the extent that injuries or damages are caused solely, by the
willful misconduct or gross negligent acts of Grantor, its successors or assigns.
Grantee hereby covenants that the use and operation of the premises by Grantee will at all times comply
with any and all applicable laws, including, without limitation, Environmental Laws, and that Grantee shall not
cause or permit any Hazardous Material to be introduced to or handled on the premises. As used herein, the
term "Environmental Laws" shall mean and refer to all applicable laws, ordinances, requirements and regulations
(including consent decrees and administrative orders) relating to public health and safety and protection of the
environment and the term "Hazardous Material" shall mean and refer to any hazardous substance or any
pollutant or contaminant defined as such in (or for purposes of) the Comprehensive Environmental Response,
Compensation, and Liability Act, any so-called "Superfund" or "Superlien" law, the Toxic Substance Control Act,
or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating,
relating to , or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste,
substance or material, as now or at any time hereafter in effect, or any other hazardous, toxic or dangerous
waste , substance or material (including , without limitation , asbestos and poly-chlorinated biphenyls and
petroleum and its by-products).
The foregoing indemnification, defense and hold harmless obligations shall survive any termination of this
Easement Agreement. The acts of the respective employees, representatives, agents or contractors of Grantor
or Grantee, as the case may be, shall be deemed to constitute the acts of Grantor and Grantee respectively for
the purposes of this Section 5.
6. Any notice herein provided to be given shall be deemed properly given if in writing and delivered
personally or mailed to Grantor in care of:
Manager Real Estate
Real Estate Department
Nicor Gas
P. O. Box 190
Aurora, Illinois 60507
or to Grantee:
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
or to such other persons or addresses as the parties may from time to time designate.
7 . Prior to any digging on the subject property, including easement area, the Grantee shall call JULIE,
(800) 892-0123.
8 . This indenture shall inure to the benefit of and be binding upon the respective successors and
assigns of the parties hereto.
9 . This indenture shall serve to release , and Grantee hereby releases, any purported right, title or
interest it have acquired in and to any portion of the property described in that certain undated Grant of
Easement from Yorkville Business Center, L. L. C . recorded on April 8, 2008 as Document 200800009100 in
Kendall County, Illinois, and said easement is hereby vacated.
IN WITNESS WHEREOF, the parties hereto have caused this indenture to be executed by their proper
officers , thereunto duly authorized and their respective corporate seals to be hereto affixed, as of the day
and year first above written ,
A" f T ' IC R GAS COMPANY q �
ecr ary enior Vice President
AT* - UNITED CITY OF YORKVILLE
try By
Title: City Clerk Title: Mayor
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I , �7P Q •�1 41-� a Notary Public in and for said County, in the State aforesaid, do hereby certify
that OoL ftdve-Lio ,,.Vice President of NORTHERN ILLINOIS GAS COMPANY, (doing business
as or Gas) an Illinois corporation, and '% v `- , Assistant Secretary of said
Company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument
as such Vice President and Assistant Secretary, respectively, appeared before me this day in person, and
acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and
voluntary act of said Company, for the uses and purposes therein set forth; and said Assistant Secretary did also then
and there acknowledge that he, as custodian of the corporate seal of said Company, did affix said corporate seal of
said Company to said instrument as his own free and voluntary act, and as the free and voluntary act of said
Company, for the uses and purposes therein set forth.
Given under my hand and notarial seal this _ day of _Lbt1t , A.D. , 2008 .
Notary Public
My Commission Expires: / /�3 If
4pav nee
DONALD P. GADZALA
OFFICIAL COMMISSION EXPIRES
A
sr SEAL . JANUARY 23, 2011
FOF IL \
This Document Prepared By:
Real Estate Department
Nicor Gas
P . O . Box 190
Aurora , IL 60507
L : \WPDATA\dpg agreements \ Easement to YorkvilleHightFinal 11 - 17 - 08 . doc
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EASEMENT EXHIBIT
FOR SANITARY SEWER & STORM SEWER EASEMENTS
OVER PART OF THE FOLLOWING DESCRIBED PARCEL
A PARCEL OF LAND LOCATED WITHIN THE EAST HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT AT THE NORTHEAST CORNER OF YORKVILIF BUSINESS CENTER UNIT 3, RECORDED IN KENDALL COUNTY. ILLINOIS, MAY 21, 2001 AS DOCUMENT NUMBER
200100008620; THENCE WESTERLY ALONG THE NORTH LINE OF SAID YORKVILLE BUSNESS CENTER UNIT 3 AT A RECORD BEARING OF SOLIDI 88 DEGREES 40 MINUTES 19 SECONDS WEST, 140279 FEET
TO A PIPE FOUND AT THE NORTHWEST CORNER OF LOT 24 IN THE ABOVE MENTIONED YORKVILLE BUSINESS CENTER UNIT 3 FOR A PLACE OF BEGINNING; THENCE SOUTH 88 DEGREES 40 MINUTES 19
SECONDS WEST ALONG THE 'WESTERLY PROLONGATION OF THE PREVIOUSLY DESCRIBED COURSE 412.20 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 59 SECONDS EAST, 667.29 FEET TO THE
NORTHWEST CORNER OF LOT 5 IN YORKVILLE BUSINESS CENTER UNIT 2. RECORDED IN KENDALL COUNTY, ILLINOIS, SEPTEMBER 13, 2000 AS DOCUMENT NUMBER 200000012408; THENCE NORTH 88
DEGREES 19 MINUTES 45 SECONDS EAST ALONG THE NORM LINE OF SAID YORKVILLE BUSINESS CENTER UNIT 2, 356.40 FEET TO A PIPE ON THE MOST WESTERLY LINE OF LOT 8 IN THE ABOVE
MENTIONED YORKVILLE BUSINESS CENTER UNIT 3; THENCE NORTH 01 DEGREES 40 MINUTES 15 SECONDS WEST ALONG SAID WESTERLY LINE. 349.51 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY
LINE OF COMMERCIAL DRIVE; THENCE NORTH 88 DEGREES 19 MINUTES 45 SECONDS EAST, 64.84 FEET TO THE SOURTNEST CORNER OF LOT 24 IN THE ABOVE MENTIONED YORKVILLE BUSINESS CENTER
UNIT 3; THENCE NORTH 00 DEGREES 12 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 24, 315.20 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS
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REVISED 11-14-08 PER CLIENT AND CITY COMMENTS �u,rwnnmww°
SURVEY NUMBER E249d
a
ORDERED BY Nicor i
JACOB fC B6FN0i ASSOCIATSSF INC. DESCRH'TTON Easement Exhibit i
ENGDHOW - SORRWORS DATE PREPARED November 14. 2008 i
/ X1901 S. YeJem Deed, Bulbs 350 m
/ Oekbreok Semee, d 60161 SCALE 1" = 40 CHECKED 8 GBE n
(8901 86P-6800 FM (63D) 662-4801 PREPARED BY JSB FIELD CREW RT/SM
DIE PROFlBSIONAL DESIGN =1
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LIC6NSR N0. 384-009073 W. 4/90/09 SHEET NUMBER I OF 1 August ID. 2008
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0 c/Ty Reviewed By: Agenda Item Number
J� Q A Legal ❑ �,��t �� . ;
EST. , 1836 Finance ❑, \Ll`Vf J,
Engineer Tracking Number
< q City Administrator ❑
0 S1 °ate Consultant ❑ y'�� i � n
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Agenda Item Summary Memo
Title: Hampton Inn—Plats of Easement
Meeting and Date: December 16, 2008 Public Works Committee
Synopsis: These two easements allow for extension of public watermain and sanitary sewer
for this development at 310 E. Countryside Parkway.
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/TY
,2 _ o Memorandum
EST. , p � 1836 To: Brendan McLaughlin, City dmint'slra
O
From: Joe Wywrot, City Engineer
CC: Lisa Pickering, Deputy City�erk
Date: December 10, 2008
Subject: Hampton Inn—Plats of Easement
Attached find one copy each of two proposed Plats of Easement for public utilities for the
referenced development. The easement for Lot 2 of Menards Commercial Commons Third
Addition allows for the extension of a public sanitary sewer. The easement for Lot 2 of Menards
Commercial Commons Sixth Addition allows for the extension of a public watermain. I have
reviewed both of these plats and recommend approval.
Please place this item on the Public Works Committee agenda of December 16, 2008 for
consideration.
qn pDrona ema,lM Hem x lB,aODtee COVIN FLI MOTOR R aaemanm 0942408 ON
SEC GROUP INC. /AI //T-1 ��I I /y�1 /,L! \-ti V� ieE :"e' Elloollar"
Engineering •Surveying ' Planning - landscape Architecture PLAT of L AS1 ) JJ M 1 tl 1
66+ Prswa Panm Dnw. When SON Yam.mc, IL WSW
. BBTW0 , WY55TMW PART OF LOT 2 OF
yylmpinc.mm erglnwlllg®aWClauynwm
MENARD ' S COMMERCIAL COMMONS THIRD ADDITION
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IAO N DIMENSIONS SXALL BE ASSJMED BY ECALAG V wl ORAIyA�apt MOW NAMED ENTIRE BY Ap OF WOO CRIMES SXALL BE OCW£ IN WOO A MANNER SO AS NOT TO
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Agenda Item Summary Memo
Title: Windrose Medical Property—Sidewalk Easement
Meeting and Date: December 16, 2008 Public Works Committee
Synopsis: This easement is for a public sidewalk located near the Rt.34/Game Farm
intersection.
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:
p� Memorandum
esr 1 Baas To: Brendan McLaughlin, ity r
�9 I� From: Joe Wywrot, City EnginCeer
p CC: Lisa Pickering, Deputy City rk
SCE w�
Date: December 11,2008
Subject: Windrose Medical Property - Sidewalk Easement
Attached find a copy of a proposed sidewalk easement agreement with Windrose Yorkville
Medical Properties, LLC,current owner of the property commonly known as the Hatcher
Medical Building, located at 507 W. Kendall Drive. This easement will allow for the
construction of a public sidewalk across a portion of this property,thereby creating a path for
pedestrians to walk from Game Farm Road to the Countryside subdivision. Please refer to the
attached location sketch.
The Game Farm Road/Somonauk Street project includes construction of a paved trail along the
east side of Game Farm Road all the way to Rt.34. The project also includes the re-construction
of the traffic signal at that intersection to include pedestrian signals and a crosswalk across Rt.34.
This easement will allow us to extend a sidewalk to the parking lot at 507 W. Kendall Drive,
resulting in a continuous paved surface all the way to W. Kendall Drive. We anticipate that the
sidewalk to be constructed within this easement will be constructed as part of a separate project
after the traffic signals are re-constructed in 2010.
I recommend that this easement agreement be approved. Please place this item on the Public
Works Committee agenda of December 16,2008 for consideration.
GRANT OF PERMANENT
SIDEWALK EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS :
THAT the Grantor: WINDROSE YORKVILLE PROPERTIES, L.L.C. , a Virginia
limited liability company, in consideration of the sum of TEN DOLLARS ($ 10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant,
bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its
successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to
be kept and performed by the Grantee herein, a non-exclusive, permanent easement (the
"Permanent Sidewalk Easement"), as described herein, to construct, replace, maintain, and
operate a sidewalk, in the event any are actually installed in, upon, and across the tracts of land
described as follows, to-wit:
BURDENED PARCEL
Grantor is the owner of that certain tract of land located on Kendall Drive in the City of
Yorkville, Kendall County, State of Illinois and legally described on Exhibit A attached hereto
(the "Burdened Parcel").
PERMANENT SIDEWALK EASEMENT
The Permanent Sidewalk Easement shall be that certain real property located upon the
Burdened Parcel and legally described at Exhibit B, attached hereto (the "Permanent Easement
Area").
Said grant of easement is made under the additional following terms and conditions:
I . Grantee's use of the Permanent Easement Area shall be solely for the purpose of
constructing, installing, operating, maintaining, and replacing a sidewalk in and upon the
Permanent Easement Area at Grantee' s sole cost and expense. Grantee is also granted the right to
trim tree branches as necessary and to grade beyond the area of permanent easement at slopes
and distances to be approved by Grantor in order to construct said sidewalk to ADA-compliant
guidelines.
2. Grantee shall thereafter, at Grantee' s sole cost and expense:
SLK_TOL: 91545980v4 1
a. Restore the grassy surface of said Permanent Easement Area and any other
areas disturbed by sidewalk construction in a uniform manner, free of all debris, rocks in
excess of one inch ( 1 "), and gravel, and provide a covering of a minimum of six inches
(6") of clean, black, fertile top soil, and establish a healthy stand of grass;
b. Replace all lot lines and property line stakes moved or disrupted in the
course of performing any work in connection with the purpose of which the easements
herein are granted.
c. Maintain all sidewalks within the Permanent Easement Area in good
condition and repair.
3 . All construction, extension, reconstruction, maintenance, repairs, replacements or
any other work by Grantee shall be performed in accordance with all applicable building and
construction laws.
4. Grantor shall have the right to use the land within the Permanent Easement Area
in any manner not inconsistent with the easement rights herein described .
5 . Grantor reserves all rights not herein granted.
6. All notices and demands hereunder shall be in writing and shall be deemed
properly served if delivered in person to the party to whom it is addressed, or five (5) days after
deposit in the U . S . Mail if sent postage prepaid by United States registered or certified mail,
return receipt requested, or one ( 1 ) business day after deposit with a nationally recognized
overnight courier, addressed as follows :
If to Grantee: City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
If to Grantor: Windrose Yorkville Properties, L.L.C .
Attention: Mike Noto
661 University Boulevard, Suite 100
Jupiter, Florida 33458
7. Said easement shall be treated as a covenant running with the land.
8. Said permanent easement shall be binding upon the successors, heirs, and assigns
of each party hereto.
9. Grantee shall indemnify and hold Grantor harmless from any and all claims,
damages, liabilities, losses, judgments, penalties, fines, costs and expenses, including, without
limitation, attorneys' fees, incurred by Grantor due to any injuries or death to any persons or
SLK_TOU 415459800 2
damages to property arising from or related to Grantee, its agents, employees and contractors'
use of the Permanent Easement Property for the purposes set forth in Section 1 herein.
]SIGNATURES APPEAR ON THE FOLLOWING PAGE]
SLK_TOL: 41545980v4 3
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and
sea] this day of _, 2008 .
Mayor, United City of Yorkville
City Clerk
STATE OF ILLINOIS )
COUNTY OF KENDALL )
allege and state that they have read the foregoing Grant of
Permanent Sidewalk Easement Agreement by them subscribed; that they have knowledge of the
facts and contents contained therein, and that the facts as alleged therein are true in substance
and in fact.
Owner Owner
Subscribed and sworn to before me,
2008 .
Notary Public
SLK_TOL'. 41545980x4 4
WINDROSE YORKVILLE PROPERTIES, L.L.C .,
a Virginia limited liability company
By: Windrose Medical Properties, L.P.
a Virginia limited Partnership,
its sole member
By: Windrose Medical Properties Trust,
a Maryland real estate investment trust,
its general partner
al ( ,
By: �"'l-�L.y� L -- u ti
Erin C. Ibele
Senior Vice President-Administration
and Corporate Secretary
STATE OF OHIO )
SS :
COUNTY OF LUCAS )
Before me, a Notary Public in and for said County and State, personally appeared Erin C.
Ibele, known to me to be the Senior Vice President-Administration and Corporate Secretary of
Windrose Medical Properties Trust, a Maryland real estate investment trust, as a general partner
of Windrose Medical Properties, L.P ., as sole member of WINDROSE YORKVILLE
PROPERTIES, L.L.C., a Virginia limited liability company, and having been first duly sworn,
acknowledged the execution of the foregoing for or on behalf of said real estate investment trust
on behalf of the limited partnership on behalf of said limited liability company.
Witness my hand and Notarial Seal, this day of December, 2008 .
�= DONNotary PuSCORD
*; c In and for the State of Ohio
My Commission Expires Notary Public — Signature
April 22, 2012
Donna J. tunsford
Notary Public — Printed
My Commission Expires: My County of Residence:
Prepared by and return to:
City Attorney Kathleen Field Orr
800 Game Farm Road
Yorkville, Illinois 60560
(630) 553 -4350
SLK_TOL: # 15459800 5
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Exhibit " B"
Plat of Permanent Sidewalk and Pedestrian Easement for
Part of Section 29-37-7 tiQ�o
Bristol Township , Kendall County , Illinois �'��;�
t
r
® Permanent Sidewalk & Pedestrian Easement
i
�9je
Exhibit "A"
Scale V= 50'
ary
5
S47 000'57"E 10.00'
I
Legal Description for Permanent Easement
�� That part of Lot 4, Block 2 , Countryside Center, Unit No.4, Yorkville,
�b Illinios, being a part of Section 29 , Township 37 North , Range 7 East
� of the Third Principal Meridian described as follows:
I ryas
NN
41 Commencing at the Southeast Corner of said Lot 4; thence North
80 00717" West, 37 . 17 feet to a point of curvature; thence Northwesterly
3 along a curve to the right having a radius of 6825.55 feet, for an arc
distance of 512.66 feet; thence continuing Northwesterly along a curve
_ to the right having a radius of 6825. 55 feet, for an arc distance of 308.55
6391 N73°28'20"w 10.02' feet to the point of beginning ; thence North 19 041 '36" East a distance of
88 . 52 feet; thence North 42 059'03" East, a distance of 106.69 feet;
thence South 47°00'57" East, a distance of 10.00 feet; thence South
42 059'03" West, a distance of 104.63 feet; thence South
Point of Beginning L,,3 8 19 041 '36" West, a distance of 85.91 feet; thence North 73°28'20" West,
L,3� R=s8ps 55, a distance of 10 .02 feet to the point of beginning , in the United City of
24s
U R'8825.ss, Yorkville, Kendall County, Illinois.
. S Rate 34
`!1k 0 C/p y Reviewed By: Agenda Item Number
�2 R �E.T Legal El
l �� Finance ❑
esr ;ILL leas Engineer Tracking Number
�In m City Administrator ❑
Consultant ❑ JA �-)bU� - 1°
<I.E F-1
Agenda Item Summary Memo
Title: Kendall Marketplace (IDOT Highway Permit#3-10399-07)—Bond Reduction#1
Meeting and Date• December 16, 2008 Public Works Committee
Synopsis: This reduction is based on work completed to date. Recommend a reduction of
$4,046,490.89 subject to receipt of written concurrence from IDOT.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
♦,��D C/Ty
Memorandum
ESf. 1836 To: Brendan McLaughlin, City)iminis
S 11 y From: Joe Wywrot, City Engineer L
�p CC: Lisa Pickering, Deputy City rk
�tE ��� Date: December 8,2008
Subject: Kendall Marketplace—IDOT Highway Permit#3-10399-07
Bond Reduction#1
Attached find a request from Cannonball LLC (Harlem Irving Companies, Inc.)to reduce the
bond related to IDOT Highway Permit No. 3-10399-07. This permit is for work along Rt.34
(Beecher to Cannonball) and at the Rt.47/Cannonball Trail intersection. I have reviewed the
request and concur with the amount of work constructed to date. IDOT has verbally indicated
that they would support a reduction. I recommend that Travelers Casualty& Surety Company of
America Bond No.104936839 be reduced by the amount of$4,046,490.89,subject to written
concurrence from IDOT. Please refer to the attachment for details. The remaining amount of the
bond would be $2,000,000, and would also guarantee the acquisition of additional right-of-way
required by the permit.
Please place this item on the December 16,2008 Public Works Committee agenda for
consideration.
CANNONBALL, L.L.C.
Apak-4-1, 2008
Updated Phay 20, 700E
United City of Yorkville
8010 Came Firm Road
Yorkville, Illinois 60560
Attn: Joseph A. Wywrot, P.E.
Re: Kendall Marketplace
Traveler's Casualty & Surety. Bond#104936839 recuction
Joe.
Cannonbah, LLC has the above Letter of Credit#104936839 with the United City of Yorkville for
the Route 34 roadwork_
Cannonball, LLC respect€Lilly requests the above LOG be reduced from 6,046.490.69 rc
Sv 7 50 U60 as the Route 34 work is substantially completed. Enclosers is .Smit? Er j,Reerviy7 s
ll[k6_
01 ��rpS,'f'U(;t1d71 cusLs 10f:I,p t7w1 aluv pr iva?'.k!(3 1)8 Colnp eted it Mu comer'lf I2'nute 47
'.!)d 1.Eing7:7h�;r ?lfn•
If you need any additional documentation or have any questions regarding the above, please
contact me at your earliest convenience a'.773-625-3036
Sincerely Yours.
Cannonball, LLC
c;o The Harlem Irving Companies. Inc
i
James J Snyder
ProieC. Manager
cc: file Travis Miller—UCOY. Don Bailey, R,Ck flier, Greg Fix
4104 N. Harlem Ave, WUNE (773)625-3060
Norridge, IL 60706 FAX (773)625.9706
City of Yorkville &Dec-08
Letter of Credit/Bond Reduction
Subdivision: Kendall Marketplace-I DOT Improvements
Reduction No. 1
Bond/LOC No. Traveler's Casualty&Surety Company of America;Bond#104936839
Rt.34 Improvements(Beecher-Cannonball) LOC/Bond
Approved Original amount Amount complete prior Amount of Amount to remain
Item Eno.Est. for LOCBond to Reduction No.1 Reduction No.1 after Red.No,1
Earthwork $730,084.20 $803,092.62 $730,084.20 $748,336.31 $54,756.32
Storm Sewer $286,981.25 $315,679.38 $286,981.25 $294,15518 $21,523.59
Pavement $2,664,063.85 $2,930,470.24 $2,664,063.85 $2,570,340.50 $360,129.74
Traffic Signals $654,341.38 $719,775.52 $654,341.38 $670,699.91 $49,075.60
Miscellaneous $193.530.00 $212.883.00 $193.530.00 $198.368.25 $14.514.75
Totals $4,529,000.68 $4,981,900.75 $4,529,000.68 $4,481,900.75 $500,000.00
Rt.47/Cannonball Trail Improvements LOC/Bond
Approved Original amount Amount complete prior Amount of Amount to remain
Item Eno.Est. for LOCBond to Reduction No.1 Reduction No.1 after Red.No.1
Earthwork $96,534.50 $106,187.95 $0.00 -$43,430.12 $149,618.07
Storm Sewer $96,072.25 $105,679.48 $0.00 -$43,222.16 $148,901.64
Pavement $505,872.95 $556,460.25 $0.00 -$227,588.32 $784,048.56
Traffic Signals $205,740.52 $226,314.57 $0.00 -$92,561.06 $318,875.64
Miscellaneous $63.589.00 $69.947.90 0.00 -$28.608.20 $98.556.10
Totals $967,809.22 $1,064,590.14 $0.00 -$435,409.86 $1,500,000.00
Totals LOC/Bond
Approved Original amount Amount complete prior Amount of Amount to remain
Item Eno.Est. for LOC/Bond to Reduction No.1 Reduction No.1 after Red.No.1
Earthwork $826,618.70 $909,280.57 $730,08410 $704,906.18 $204,374.39
Storm Sewer $383,053.50 $421,358.85 $286,981.25 $250,933.62 $170,425.23
Pavement $3,169,936.80 $3,486,930.48 $2,664,063.85 $2,342,752.18 $1,144,178.30
Traffic Signals $860,081.90 $946,090.09 $654,341.38 $578,138.85 $367,951.24
Miscellaneous $257,119.00 $282,830.90 $193.530.00 $169.760.05 $113.070.85
Totals $5,496,809.90 $6,046,490.89 $4,529,000.68 $4,046,490.89 $2,000,000.00
Notes: a)LOC/Bond amt.adjusted per input from IDOT.
b)LOC/Bond reduced to 10%at final acceptance.
c)Manual input required for cells highlighted in yellow.
d)Although not listed as a separate line item,this bond also guarantees right-of-way acquisition.
`�fpD C/7-, Reviewed By: Agenda Item Number
J� Legal ❑ i' ii
EST. , 7836 Finance El
h� Engineer 0`� 8 Tracking Number
City Administrator ❑
Consultant ❑ 7 vp _ X55
LE
Agenda Item Summary Memo
Title: Kendall Marketplace—Earthwork LOC Expiration
Meeting and Date: December 16, 2008 Public Works Committee
Synopsis: We have been notified that the earthwork LOC for Kendall Marketplace will expire
on 3/20/09. Recommend calling this LOC if not renewed prior to 3/6/09.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
Memorandum
EST. ""— 1836 To: Brendan McLaughlin, City ,..�Uy�
Oy From: Joe Wywrot, City EngineerA7
p CC: Lisa Pickering,Deputy City erk
<CE
Date: December 12, 2008
Subj ect: Kendall Marketplace—Earthwork LOC Expiration
Attached find a notice from The Private Bank that their Letter of Credit No. 069144501 for the
Kendall Marketplace development will expire on March 20, 2009. This letter of credit,in the
amount of$250,000.00, guarantees satisfactory completion of earthwork and erosion/sediment
control for the Kendall Marketplace development.
Most of the mass grading is complete and a substantial portion of the site has been stabilized
with either paving or landscaping. The original letter of credit,however,was supposed to have
been in the amount of$3,268,504.25. We agreed to accept a letter of credit in the amount of
$250,000 when we issued the Site Development Permit,with the understanding that a letter of
credit for the balance would be established upon Harlem-Irving closing on the property. That
supplemental letter of credit was never received. Based on our ordinances the lowest this letter of
credit should be at this time is in excess of$400,000,therefore I recommend that the existing
letter of credit in the amount of$250,000 remain in effect.
I will notify the developer that this letter of credit needs to be renewed, and I anticipate that it
will. In the meantime,however, I recommend that City Council authorize the City Clerk to call
this letter of credit if it is not renewed prior to March 6, 2009.
Please place this item on the Public Works Committee agenda of December 16, 2008 for
consideration.
THE PRIVATEBANK
December 10, 2008
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Attn: City Clerk
** * * NOTICE OF NON-EXTENSION * * * *
RE: Our Irrevocable Standby Letter of Credit Number 069144501 dated March 31 , 2007
Applicant: Cannonball, LLC
The above-referenced Letter of Credit was issued with the condition that it be
automatically extended without amendment from the present or any future expiration date
unless we send you notice in accordance with the Letter of Credit terms.
We hereby notify you that we elect not to extend this credit for any such additional period
and therefore, this credit will expire in full with our close of business on March 20,
2009,
Effective August 7, 2006, Issuer' s address is amended to read as follows :
The PrivateBank and Trust Company
70 West Madison, Ste. 200
Chicago, IL 60602
Attn: Letter of Credit Department
THE PRIVATEBANK AND TRUST COMPANY
A orize nature
cc: Cannonball, LLC
4104 N. Harlem Ave.
Norridge, IL 60706
ju 11 ial ;11WIMOU. NOIC zoo Ckiraau, Illinois 6obo2 1(113121683-7 7 00 f6x 13121683-7111 uucu. "[7111'liankBanh.row
FDIC 12YFUCLI- Huisutr. Lcnoe_ie
`QED clp� Reviewed By: Agenda Item Number
Legal ❑ 1
Finance ❑
EST. _ _ leas Engineer ���"�'k
-� - Tracking Number
09 11111-1 - y City Administrator ❑ c� /-
a 0 Consultant ❑❑ P'4 a 0 SLY
Agenda Item Summary Memo
Title: Fox Hill Unit 7-Letter of Credit Reduction #4
Meeting and Date: December 16, 2008 Public Works Committee
Synopsis: This letter of credit reduction in the amount of$11,624.08 is based on work
completed to date.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
CIP
� Memorandum
Esr. 1 \= 1836 To: Brendan McLaughlin, City;r*nistra
�9 I n y From: Joe Wywrot, City Engineer ,
CC: Lisa Pickering,Deputy City k
Date: December 10, 2008
Subject: Fox Hill Unit 7—Letter of Credit Reduction#4
Old Second Bank LOC#2942
Attached find a letter of credit reduction request from Paul Dresden for Fox Hill Unit 7. Unit 7
was accepted by the City Council on February 26, 2008, subject to completion of the following
items:
• Completion of all sidewalks.
• Removal of a dirt stockpile near Rob Roy Creek.
• Successful completion of landscaping,primarily in the stormwater basins, and
completion of the three year monitoring period for the basins.
All of the public sidewalk has been constructed. Some parkway trees have been planted recently,
but others remain to be planted. Several of the trees are Sycamore trees which are not allowed in
the parkway,therefore those trees will need to be replaced. The stockpile has not been removed,
and the stormwater basin landscaping issue has not been addressed.
I recommend that Old Second Bank Letter of Credit No. 2942 be reduced by the amount of
$11,624.08. The remaining amount of the letter of credit would be $41,443.05. Refer to the
attachment for details. At their meeting on November 25,2008,the City Council authorized the
City Clerk to call this letter of credit if it was not renewed prior to January 9,2009. I recommend
that we accept a renewed letter of credit in the amount of$41,443.05.
Please place this item on the December 16, 2008 Public Works Committee agenda for
consideration.
10-Dec-08
Letter of Credit/Bond Reduction
Subdivision: Fox Hill Unit 7 - Onsite
Reduction No. 4
LOC # Old Second Bank LOC #2942
Theoretical Actual Amount
Approved Letter of Credit Letter of Credit Remaining Substantially complete Remaining amt.
Item Eng. Est. Amount Amount After Red. #3 prior to Red. #4 Reduction #4 After Red. #4
Earthwork $57,855.00 $63,640.50 $82,500.00 $2,013.00 $56,025.00 $0.00 $2,013.00
Erosion Control $19,960.50 $21 ,956.55 $27,500.00 $1 ,100.00 $18,960.50 $0.00 $1 ,100.00
Sanitary Sewer $264,845.00 $291 ,329.50 $291 ,845.00 $0.00 $264,845.00 $0.00 $0.00
Watermain $215,683.00 $237,251 .30 $237,251 .30 $0.00 $215,683.00 $0.00 $0.00
Roadway $134,078.29 $147,486.12 $147,486.09 $11 ,624.08 $1349078.29 $11 ,624.08 $0.00
Storm Sewer $722214.00 $79,435.40 $79,214.00 $0.00 $72,214.00 $0.00 $0.00
Miscellaneous* $1025321 .00 $112,553.10 $95, 154.72 $38,330.05 $67,475.50 $0.00 $38,330.05
Construction Staking $17.339.14 519.07105 $19.073.05 0.00 $17,339.1 $0.00 0.00
Totals $884,295.93 $972,725.52 $980,024.16 $53,067.13 $846,620.43 $11 ,624.08 $41 ,443.05
Notes: 1) No warranty period for Fox Hill
2) LOC/Bond for uncompleted items to remain in effect until those items are completed.
* Includes streetlights, signage, landscaping, construction entrance, curtain wall, and sawcutting existing pavement.
DCI Chanington, Inc. Mokenna%IL 60448
December 1 , 2008
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Attn: Joseph Wywrot
RE: Letter of Credit Reduction FoxHill
Dear Joe:
On behalf of DCI-Charrington, Inc. I am requesting a letter of Credit Reduction.
This Letter of Credit Reduction is in regards to the Fox Hill Project, Pod #10, Unit #7.
Letter of Credit, Old Second Bank #2942 remaining balance at $53,067.13.
1 ) Completion of Public Walk (Roadway)
2) Completion of Parkway Trees (Misc.)
Please see attached pages.
• Page 2 December 1 , 2008
DCI-Charrington, Inc.
Please review the enclosed Old Second Bank Letter of Credit dated 11 /22/2004 "Exhibit A".
The dollar amount in the Misc. Improvements/Fee Section is for $102,321 .00.
This dollar amount is confirmed by the City Engineer in the spreadsheets attached to the Letter
Of Credit Reduction #3, dated 2/6/08.
The Improvements are;
A) Street Signs/Striping Complete
B) Street Lights Complete
C) Trees/Landscaping
Two line items remain to be discussed
1 ) Line item Seed Mix 50062 @ (12188.00)
2) Line item 3B Seed Mix @ ( 660.00)
*Note: All Trees and Bushes on the Landscape Plan from Ives/Ryan have been planted in the
Public Right of Ways as required.
D) Disk/Rake - Flood Plain Complete
E) Seed - Flood Plain Complete
F) Construction Entrance Complete
G) Curtain Wall Complete
H) Saw Cut Pavement Complete
Request this line item be reduced to ($12848.00)
Could you please schedule a meeting with Laura Haake and yourself, at a time that is convenient
for the both of you? Please forward dates and times.
2
• Page 3 December 1 , 2008
DCI-Charrington, Inc.
Please specify why the remaining balance in these two lines items remains;
A) Item: Earthwork
Balance at $2,013.00
B) Item: Erosion Control
Balance at $1 ,100.00
I took forward to your response at your earliest convenience. If you have any questions, please
Call Paul Dresden @ 815-739-4578.
Thank You,
GJXLV
Paul Dresden
(enclosures)
3
♦�f�D C/p, Reviewed By: Agenda Item Number
J? T Legal ❑ c
Finance ❑
EST. , l 1836
Engineer -X
.
�� L y City Administrator r Tracking Number
�O Consultant ❑ PJAJ a a)8 _ 15 7
SCE `�v ❑
Agenda Item Summary Memo
Title: Provena-Dreyer Medical Facility-Final Acceptance
Meeting and Date: December 16, 2008 Public Works Committee
Synopsis: Recommend acceptance of the public watermain and sanitary sewer constructed as
part of the Provena-Dreyer medical facility.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
,2 o� Memorandum
WE , = 1836 To: Brendan McLaughlin, City A46 nistra r
From: Joe Wywrot, City Engineer l )
L �p CC: Lisa Pickering Deputy City C e k
Date: December 10,2008
Subject: Provena-Dreyer Medical Facility—Final Acceptance
Attached find a request from Healthcare Development Partners for the city to accept the public
watermain and sanitary sewer for their development at the NE corner of John Street and
Sycamore Street. The one remaining punchlist item is the normal water level and landscape
restoration of the stormwater basin. We have discussed these issues at length with the developer
and their general contractor,and have come to an agreement that addresses both issues by
re-landscaping the basin. Doing so will allow the normal water level to remain lower than
designed, result in a significantly increased pond storage volume, and make the basin more
attractive.
Since the re-landscaping will take approximately 3 years to fully mature and needs to be
monitored and tended during that time,the developer has requested that the acceptance process
proceed with the understanding that a letter of credit will be established to guarantee the
satisfactory completion of the pond re-landscaping. This letter of credit has already been
established.
I recommend that the public watermain and public sanitary sewer constructed as part of the
Provena-Dreyer Medical Facility,located within the Resubdivision of Lot 1,Fox Hill Unit 6,be
accepted by the City Council. Acceptance would be subject to receipt of a bill of sale,
establishing a one-year warranty bond for the watermain and sanitary sewer, and keeping the
existing letter of credit guaranteeing completion of pond re-landscaping in place in the amount of
$61,366.01.
Please place this item on the December 16,2008 Public Works Committee agenda for
consideration.
08/12/ 08 FRI 16 : 13 FAX 1 312 332 7572 LEOPARDO CO . -CHGO la 001
HEALTHCAI(F DEVELOPMENT PARTNERS
September 3, 2008
Mayor and Aldermen
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
RE: Provena 1 Dreyer Medical Facility
1500 Sycamore Road
Yorkville, IL 60560
Gentiemerr
Healthcare Development Partners hereby requests final acceptance of the public facilities including water main and
sanitary sewer systems at the above referenced location.
The contractor (Leopetdo Construction) will increase the value of their current bond to a total amount of $70,068.37
to cover the value of the in place land Improvements as well as the completion of the ecological restoration of the
detention basin work that is to begin this fall.
Upon your acceptance, we request our letter of credit be terminated.
Should you have any questions regarding this correspondence, pisase do not hesitate to contact us.
Sincerely,
HEALTHq EVELOPMENT PAMWRS
Rob Wagner
Vice President
500 N. Miatdgen Ave. ChicequAllinols 88611 Tel. 31=776W Suite fi00 wvwvhdpartners,com Fax 312.332.2810
Na # i
United City of Yorkville pJ du 15K
WATER DEPARTMENT REPORT
SEPTEMBER 2008
MONTH/YEAR
WELLS
NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE
FEET FEET FE GALLONS
3 1335 501 204 0
4 1393 542 188 0
7 1500 883 553 12,999,500
8 1500 861 477 1,040,000
9 1500 1125 576 35,095,000
TOTAL 49,134,500
CURRENT MONTH'S PUMPAGE IS 14,266 300 GALLONS LESS THAN LAST MONTH
35,972,500 GALLONS LESS THAN LAST MONTH
DAILY AVERAGE PUMPED: 1,660,300 GALLONS
DAILY MAXIMUM PUMPED: 2,720,400 GALLONS
DAILY AVERAGE PER CAPITA USE: 110.6 GALLONS
WATER TREATMENT
CHLORINE FED: 1321.7 LBS. CALCULATED CONCENTRATION: 3.7 MG/L
FLUORIDE FED: 620.4 LBS. CALCULATED CONCENTRATION: 0.27 MG/L
WATER QUALITY
AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN)
FLOURIDE: 3 SAMPLES)TAKEN CONCENTRATION: 1.01 MG/L
MAINTENANCE
NUMBER OF METERS REPLACED: 2 RES 1 COM NUMBER OF LEAKS OR BREAKS REPAIRED: 1
NEW CUSTOMERS
RESIDENTIAL: 28 COMMERCIAL: 5 INDUSTRIAL/GOVERNMENTAL: 2
COMMENTS
1 WATERMAIN BREAK AT 100 W ORANGE ST. HAD TO REPLACE 4'OF 4"WATERMAIN. LOST 600,000
GALLONS OF WATER DUE TO BREAK. A BOIL ORDER WAS ISSUED. 610 TOWER LN IS STILL DOWN FOR
REPAIRS AND PAINTING.
Na # a
United City of Yorkville 0?w
�s WATER DEPARTMENT REPORT
LIa�;o
4e `3a OCTOBER 2008
MONTH/YEAR
WELLS
NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE
FEET FE FEET GALLONS
3 1335 501 204 0
4 1393 542 188 0
7 1500 883 554 13,548,600
8 1500 861 476 38,000
9 1500 1125 577 35,320,000
TOTAL 48,906,600
CURRENT MONTH'S PUMPAGE IS 227,900 GALLONS LESS THAN LAST MONTH
5.614.400 GALLONS LESS THAN LAST MONTH
DAILY AVERAGE PUMPED: 1,492,100 GALLONS
DAILY MAXIMUM PUMPED: 2,029,800 GALLONS
DAILY AVERAGE PER CAPITA USE: 99.4 GALLONS
WATER TREATMENT
CHLORINE FED: 1582.3 LBS. CALCULATED CONCENTRATION: 42 MG/L
FLUORIDE FED: 559.7 LBS. CALCULATED CONCENTRATION: 0.26 MG/L
WATER QUALITY
AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN)
FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.12 MG/L
MAINTENANCE
NUMBER OF METERS REPLACED: 12 NUMBER OF LEAKS OR BREAKS REPAIRED: 1
MXU'S 3
NEW CUSTOMERS
RESIDENTIAL: 11 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: 0
COMMENTS
1308 GAME FARM ROAD HAD TO REPLACE 2"VALVE STEM WAS BROKE. 300.000 GALLONS OF WATER LOST.
ISSUED A BOIL ORDER. 610 TOWER LN IS STILL DOWN FOR REPAIRS AND PAINTING.
C/p/ Reviewed By: Agenda Item Number
J� � Legal ❑
EST., 1B36 Finance Fl 1 Engineer El Tracking Number
4 L n City Administrator ❑
Consultant ❑
❑ a�
Agenda Item Summary Memo
Title: 2008 leaf pick up summary
Meeting and Date: Public Works Committee December 16, 2008
Synopsis: Summary of the cost of leaf pick up for the fall 2008
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: none
Council Action Requested: none
Submitted by: Eric Dhuse Public Works
Name Department
Agenda Item Notes:
fN o� Memorandum
To: Brendan McLaughlin, Administrator
EST., 1 : Tess From: Eric Dhuse, Director of Public Works '
CC:
` Date: November 24, 2008
IE Subject: Fall 2008 Leaf pick up costs
Brendan,
This year's leaf pick up went very smooth. The PW department utilized all three divisions to
accomplish the pick up in two weeks. Most residents complied with the guidelines, which makes
much easier to accomplish our job in a timely fashion.
To avoid residents raking leaves after the pick up, we will make sure to advertise the pick up
dates and guidelines earlier and more often.
The following is a break down of the fall leaf collection that was performed between November
6th and November 20'h
Public Works crews spent 395 .75 man hours on leaf pick up at a cost of $9170.90
1110 cubic yards of leaves were picked up and disposed of at a cost of $4440.00
Approximately 445 gallons of fuel were used at a cost of $ 1268.25
For a total estimated total cost of $ 14,879. 15
C/p� Reviewed By: Agenda Item Number
0 Legal ❑
EST. leas Finance F-1
Engineer ❑ Tracking Number
p �1 rc City Administrator ❑
9� OHO Consultant ❑❑ P W v,w& , lP
Agenda Item Summary Memo
Title: Revision to UCOY water ordinances
Meeting and Date• Public Works Committee December 16,2008
Synopsis: Proposed revisions to various water ordinances within the code book.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Permission to work with city attorney
Council Action Requested: Approval when completed
Submitted by: Eric Dhuse Public Works
Name Department
Agenda Item Notes:
Cl;p%yT
Memorandum
To: Brendan McLaughlin, City Administrator
Est. , 1836 From: Eric Dhuse, Director of Public Works
N CC:
Date: December 10, 2008
<LE Subject: revisions to water ordinance
Brendan,
Attached is a marked up copy of proposed revisions to our current water ordinances that are in
the City Code. I would like ask permission to work with our City Attorney to make these
changes that will bring our code up to date. I would ask to place this item on the PW committee
agenda for December 16, 2008 as a discussion/FYI item.
7-5-1 7-5-2
7-5-1: Water Department
A. Supervision: The water department of the city shall be under the
active supervision of the Director of Public Works who shall report to the city Deleted:g
council. Said Director of Public Works shall make a written report to the city
council of all his acts and doings whenever requested by the council and such
reports shall be placed on file with the city clerk and shall show the kind and
attending the work. He shall also keep a correct map of all water locations and
connections,hydrants and cutoffs; and shall keep just,and other accounts shall
be delivered to his successor or the city council at any time,upon request.
B. Salaries and Wages:
__. _ _ ___ • - Formatted:Left
Deleteds9
�. Department Employees: The mayor and members of the city council shall
have the authority to hire all other employees necessary for the proper Deteted: -
operation and management of the waterworks. Formatted:Indent.Left: 0.7^
All wages and other expenses of the water department shall be paid out of the
water fund through vouchers authorized and drawn in the like manner as all
other vouchers; except that such amounts shall be paid only out of the water
fund.
2. Department Employees: The Director of Public Works shall have the
authority to hire and fire all other
employees necessary for the proper operation and management of the
waterworks. All department hires shall be authorized by the City Council
through the budget process.
C. Audit of Department: The city council shall cause a proper audit to be made at- Formatted:Indent:Left: G
least once each year of the water department. The report of such audit shall be Hanging: 0.7"
open for inspection at all proper times to any taxpayer, water user or any
holder of bonds issued by the water department. (Ord. 1974-69, 10-24-1974)
7-5-2: APPLICATIONS FOR WATER SERVICE AND CONNECTIONS: All
applications for water service connections and for water service shall be made in writing
to the building deparmtnet on forms to be famished by the city. No approval for water
service connection shall be granted unless and until said form are filled out and signed by
the applicant and until all fees for connection and meter are submitted. (Ord. 1974-69,
10-24-1974)
7-5-3: WATER SERVICE CONNECTIONS AND INSTALLATIONS:
A. Location of Connections and Installations; Charge: All connections and
installations of water service shall, upon application, be made form the existing main
upon applicant's street to the street to the street side of applicant's sidewalk or to a point
four feet(4')within the curb line,whichever point the Director of Public Works shall so
elect. Said connections and installations shall be made only by authorized employees of
the city or approved contractors and only after payment by the user or property owner at
the time of application for water to the city treasurer or collector of a connection fee as
outlined below: (Ord. 1982-9,3-25-1982;amd. 1994 Code)
RESIDENTIAL CONNECTIONS AND INSTALLATIONS
Residence Type Projected PE Per Residence Connection Fee Based on
$1,057.00/PE
Efficiency or studio 1.00 $1,057.00
apartment
Ibedroom 1.50 1,586.00
apartment/condom inium
2 plus bedroom apartment/ 3.00 3,171.00
Condominium
1 bedroom town home 1.50 1,586.00
2 plus bedroom townhome 3.00 3,171.00
Duplex home 3.50 3,700.00
Single-family home 3.50 3,700.00
NONRESIDENTIAL CONNECTION FEES
Water Meter Size Water Connection Fee
Less than or equal to 1 inch $3,700.00
1 '/2 inch 4,000.00
2 inch 5,000.00
3 inch 8,000.00
Water Meter Size Water Connection Fee
4inch $15,000.00
6 inch and larger TBD
Notes:
Nonresidential land use shall be considered all land uses other than those defined in the
residential connection fees table.
TBD=Connection fee to be determined by city council on a case by case basis.
(ORD.2006-32,4-25-2006)
B. Materials,Equipment and Labor:
1. If the Director of Public Works so desires,he may request the applicant- Formatted:Indent:Left: 0:7"
tojumish m_ aterials, equipment and labor to install the service connection. oeletediI
Where such a request is made, the materials used shall be approved by the
Director of Public Works and the installer shall be bonded, qualified and
approved by the Director of Public Works before installation. If the Director
of Public Works provides any materials, equipment and labor to install the
service connection, the cost of such equipment, materials and labor for the
installation of such connections shall be in addition to the above charges.
z. The installation of the service connection by applicants shall be allowed- Deleted: -
only where connection will be made to the new water mains that are not yet in Formatted:Indent:Left: 0.7"
service. Water connection is made to existing city owned water mains, the
installation of the service connection shall be made by an authorized employee Deleted:y the Director of Public
of the city. Works°r
C. Construction Specifications: All service connections and installations shall be- Formatted:Indent:Left: 0",
provided with corporation cock, curb stopcock, shutoff and curb box of a Hanging: 0.7"
standard and approved type, and shall be subject to approval by the Director of
Public Works. All materials, including pipe, stopcock and valves shall be of a
standard and approved type and placed and located under the direction of the
Director of Public Works.
(ORD. 1982-9,3-25-1982;amd. 1994 Code) Formatted:Indent:First Tine: 0.7"
7-5-4: WATER METERS: All furnished consumers shall be metered, and all meters
shall be of a standard and approved make,and shall be famished by the city and set by an
authorized eml)lovee of the City orp licensed Illinois plumbers Meters shall remain the Deleted:the water department
property of the city and are subject to removal any time. (Ord. 1974-69, 1024-1974) belated:q
Deleted:q
7-5-4-1: METER COSTS: The costs involved in famishing and installing the meter
shall be borne by the applicant. , All meter costs must be paid at issuance of building Deleted: Costatobeaimbnraedrothe
city Remit - -- - -- - --- - - made.,llinclude the v.lv., natea
readers,valves,check valves,meter
setting hardware and labor. The charges
7-5-4-2: METER LOCATIONS: The owners must provide suitable locations in piping shall be actual cost formatedalsavd
Il Il p g labor including fringe benefits,but
systems for same and meters shall be placed on service pipe not to exceed two feet(2') excluding my fees for overhead,profit or
from the wall where such of the meter,a shutoff valve on the outlet side of the meter,and similar marginal cost. (Ord.1974-69,10-
a suitable check valve on the outlet side of the meter. There shall be provided a suitable 24-1974)¶
place for the meter so as to keep it dry and clean,and readily accessible at all times to the
meter reader and inspector of the water department. (Ord. 1974-69, 10-24-1974) , Deleted:
7-5-4-3: Meter Wire Conduit: The owner must provide a rigid conduit with a minimum
inside diameter of%"from the meter to a location on the outside of the structure near the
gas meter.
._ --- --- --------- Deleted:¶
7-5A-4
Exception by the board, such owner shall be deemed to have an exception to i
same extent from subsection 7-5A-3A of this arcticle. q
q
q
C. If,pursuant to section 14.2(c) of the act,the owner or a new potential primary q
source(other than land filling or land treating)is granted an exception by the board, such
owner shall be deemed to have an exception to the same extent from subsection 7-5A-3B q
of this article. n
q
D. If, pursuant to section 14.5 of the act, the owner or a new potential primary 1q
source, new potential secondary source, or new potential route is issued a certificate of q
minimal hazard by the agency, such owner shall not be subject to section 14.2(4) of the
act.(Ord.2001-6,2-22-2001) q
q
q
7-5A-5: EXCLUSION: Subsection 7-5A-3A of this article shall not apply to new q
common sources of sanitary pollution as specified pursuant to section 17 of the act and n
the regulations adopted thereunder by the agency, however, no common sources may be q
located within the minimum distance from a community water supply well specified by 1q
such regulations. (Ord 2001-6,2-22-2001) q
q
7-5A-6: APPENDIX A,MINIMUM AND MAXIMUM SETBACK ZONE MAP AND
DESCRIPTION: Illustration of the proposed minimum and maximum zone ordinance
area:
Deleted:7-5-3$
9
.2. The installation of the service
connection by applicants shall be allowed
only where connection will be made to
the new water mains that are not yet in
service. Where connection is made m
existing City-owned water mains,the
installation of the service connection shelf
be made by the Director of Public Weeks
or an authorized employee of the City.$
1
C. Construction Specifications: All
service connections and installations shall
be provided with corporation cock,curb-
stop cock,shutoff and curb box of
standard and approved type,and shall be
subject to approval by the Director of
Public Works. All materials,including
pipe,stop cock and valves shall be of a
standard and approved type and placed
and located under the direction of the
Director of Public Works. (Ord.1982-9,
3-25-82;1994 Code)$
1
7-5-4:-WATER METERS: All water
furnished consumers shall be metered,
and all meters shall be of a standard and
approved make,and shall be fnmished by
the City and set by the Water
Department Meters shall remain the
properly of the City and we subject to
7-5-3 removal any time. (Ord.1974-69,10-24-
74)1
1
7-5-3: WATER SERVICE CONNECTIONS AND INSTALLATIONS: 7-5-4-1: .METER COSTS: The costs
involved in furnishing and installing the
meter shall be boom by the applicant.
Costs to be reimbursed to the City shall
include the meter,smote readers,valves,
check-valves,meter setting hardware and
labor. The charges shall be actual cost
for materials and labor including fringe
benefits,but excluding any fees for
overhead,profit or similar marginal cost.
•_ 1 rd 1974-69,10-24-74A
7-5-0-2: METER LOCATIONS: The
owners must provide suitable locations in
piping systems for same and meters shall
be placed on service pipe not to exceed
tow feet(2')from the wall where such
pipe enters the premises. There shall be a
stop and waste on the inlet side of the
meter,a shm-off valve on the outlet side
of the meter,and a suitable check valve
on the outlet side of the mere,. There
shall be provided a suitable place for the
meter so as to keep it dry and clean,and
readily accessible at all time to the meter
reader and inspector of the Water
Department.(Ord.1974-69,10-24-74)T
7-5-4-3:
7-5-4-3: SIZE OF METERS:
A. The size of meter required for any metered water supply shall be governed by
the size and character of the premises served or to be served as follows:
Description of Premises Size of Meter
Residences,not over 12 rooms 5/8 inch
Duplex 1 inch Deleted:Or 2h ily fla¶
, _ _ Deleted:3o 4family flat. .
Deleted: '/.inch¶
B. Size of meters for large buildings,apartments or other multi fain i Iv dwellings, Deleted:flats
shall be designated by the Director of Public Works at the time of application for water
supply. The size of meters so specified shall be subject to change from time to time
thereafter as demand or other condition may require.
C. The right is reserved to require an increase in the size of meter in any case
where, in the discretion of the City, the use of water exceeds the capacity of the meter.
(Ord. 1974-69, 1024-74)
7-5-4-4: MAINTENANCE AND REPAIR: Owners or occupants shall be
responsible for the care and protection of a meter, but the same shall be subject to
inspection and test at any reasonable time by the Water Department; however, meters
may be repaired by the city or its' agents pt no cost to the owner and no one shall Deleted:City Comoil
interfere with the registration of or break a seal on any meter; providing, however, that
the Director of Public Works may grant permission to break a seal for draining pipe or
stopping leaks. (Ord. 1974-69, 1024-74; 1994 Code)
7-5-4-5: METER TESTING:
A. Test May be Made: In case of doubt as to the accuracy of a meter, the
consumer may complain and tests may be made by the Director of Public Works and if
the meter is found to measure more than four percent(4%)incorrectly,no charge shall be
made; and if an over-register of more than four percent (4%) is found, a proportional
deduction shall be made from the previous water bill. If said meter registers within four
percent(4%)of accuracy,then all expense of testing shall be home by the person making
the
7-5-4-5
Complaint. (Ord. 1974-69, 10-24-74; amd. Ord. 1983-15, 9-22-83; 1994
Code)
B. Entry Powers: The Director of Public Works or his designated employees in
the City Water Department, shall be allowed access to the residences of all City water
users for the purposes of checking the accuracy of the water meter located in the home
when the home is equipped with a remote water meter indicator on the outside of the
residence at all reasonable times. (Ord. 1984-1,3-22-84)
7-5-4-6: READING METERS: The Director of Public Works shall
determine the amount of water usage by each individual customer of the City pursuant to
any of the following three (3) methods to be selected by him in his absolute and sole
discretion:
A. An actual meter reading done by employees of the City Water Department on a
quarterly basis,but no less than one time a year;or
B. A customer meter reading returned to the City Water Department at the request
of the Director of Public Works by the customer;or
C. An estimated reading based on customer's usage during the quarter being
estimated from the last one year of the customer's usage. In the event any specific
customer has less than a one year history of water usage with the City, said estimate shall
be based on the most recently ascertainable data on individual usage available to the
Director of Public Works. In no event shall estimated water billings be made for more
than three(3)calendar quarters in any one year. (Ord. 1984-1,3-22-84)
Formatted:Highlight
rises containing more than one customer, water is furnished to said pi
gle meter roi the purpose of redisb ibution to the several customers,
I believe that this should be removed corn letel All
RU-
should be metered on an individual basis.
7-5-5
7-5-5 : WATER SERVICE RATES; BILLING PROCEDURES:
7-5-5-1 : WATER SERVICE RATES AND CHARGES:
A. Rates Established: The water rate charges for water usage in the City shall be
increased according to the following schedule:
1 . Beginning November 1, 1995, the water rates for the water use in the City
shall be as follows:
Minimum of $9.82 up to 350 cubic feet of water used
$ 1 .79 per 100 cubic feet used over 350 cubic feet up to 1 ,350 cubic feet
$ 1 .71 per 100 cubic feet used over 1 ,350 cubic feet up to 2,700 cubic feet
$ 1 .63 per 100 cubic feet used over 2,700 cubic feet
2. Beginning November 1 , 1996, the following rates shall apply:
Minimum of $ 10.31 up to 350 cubic feet of water used
$1 .87 per 100 cubic feet used over 1 ,350 cubic feet up to 2,700 cubic feet
$ 1 .75 per 100 cubic feet used 2,700 cubic feet
3 . Beginning November 1, 1997, the following rates shall apply:
Minimum of $ 10.82 up to 350 cubic feet used
$ 1 .97 per 100 cubic feet used over 350 cubic feet up to 1 ,350 cubic feet used
$ 1 .93 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet
$ 1 .89 per 100 cubic feet used over 2,700 cubic feet
7-5-5-1
A. Beginning on November 1 , 1998, the following rates shall apply:
Minimum of$11.36 for the first 350 cubic feet used
Deleted:2. Water Line-P lavt
Mumbacrace Fee: From January I,1984,
$2.07 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet forwmQ,a waterline ana plant
maintenance fee shall he charged at1
1
$2.05 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet Deleted:The rate often dollars
($10.00)per calendar quarter to be paid
$2.03 per 100 cubic feet used over 2,700 cubic feet with each 1
.quarterly water bill,and upon the same
terms,conditions and cu fomemental
5. Beginning on November 1, 1999,the following rates shall apply: for each water service mac,
registration outside of the City;with said
water¶
Minimum of$11.93 for the first 350 cubic feet Used line and plant maintenance fee being
established herein by reason of the
additional costs,which may vary from
$2.17 for every 100 cubic feet used over 350 cubic feet tine to time,incurred by the city in¶
maintaining and servicing a water
delivery system not within its boundaries.¶
6. In determining the quantity used for billing purposes, 100 cubic feet shall (� 1983-17,12-15-1983)1
Include any fractional amount of 100 cubic feet. ¶
Deleted:Umnetered Rates: The flat
rote for water services 1
7. All previous water rate charging schedules are hereby expressly repealed s°ppliedonatemporarybasis without
.
and of no effect. meters shall be as follows:¶
_Outdoor shows,including carnivals,
8. In all other respects those City ordinances affecting connection charges, e;roaaeal
Service charges, outside City limit charges, usage estimates and all other and wild west shows,per
der.....................................
ordinances affecting City water or sewer services shall remain in full force and 105.001
effect. (Ord. 1995-27, 1026 4995) .Filling outdoor swimming
pool s................................... 75.001
(Ord.1982-9,3-25-1982A
B. More Than One Customer Through A Single Meter: After the effective date h 1
E._Private Sprinkler and Fire Protection
hereof,each residential housing unit will be charged as outlined in this Section, Systems: The following rates and
regardless of the number of housing units that are served through a single charges shall apply to all sprinkler and
fire protection services connected with
Meter.(Ord. 1982-9,3-25-1982; 1994 Code) the water mains of theCity:1
1
_I. Sprinkler system service:¶
C. Users Outside City Limits: 1
For each connection serving 500
sprinkler heads or less,I
1. Water Rates: For all water consumption and water services rendered aemi-
Beyond the city limits for which each service shall be by meter registration annually..... ...............
Charges shall now be at the normal in-city water rates and no further double ¶"' '"" $12301
charge shall be made. .For each additional sprinkler bead on
any co.m tiogl
over 500 heads,semi-
r annually.......................................
...0.015 each¶
1
-2. Fire protection service:¶
7-5-5-1 9 For each fire hydrant located on private¶
property,semi-
annually.............................
..........
..........5.001
D. Temporary Water Use;, V For each wet hose connection on
Temporary Water use will be allowed on a case by case basis, as privatel
determined by the Director of Public Works. All temporary water use shall be property,semi-
an nual ly.......................................
.........100
metered with no exceptions. The following deposits and rates will be charged
for temporary water meters. Temporary water use will NOT be allowed for
landscaping or irrigation purposes.
Size of Meter Deposit Amount
5/8" $250.00
3" $800.00
All temporary metered water will be billed at the rate of$0.01 per gallon.
E. Bulk Water Usage
Sprinkler and fire protection service rates and charges shall not be
subject to any discount. Such rates and charges shall be considered
as payment only for such water as may be necessary to use in making the usual
and ordinary tests of such systems under the underwriter's rules,or for actual
fires. Sprinkler and fire protection service shall not be required to be metered
unless it shall be found
7-5-5-1
that water is used from same for purposes other than for the usual tests or for
firefighting,in which case the City is empowered to require the installation
ofameter. (Ord. 1974-69, 10-24-1974)
7-5-5-2:
7-5-5-2: BILLS FOR SERVICE;DELINQENCLES:
A. Rendition of Bills;Payments: Bills for water furnished shall be mailed
on or about the last day of February,April,June,August,October and
December.All bills and charges for water rents and other services are payable
at the office of the City Treasurer or Collector. (Ord. 1982-9,3-25-82)
Deleted:first days of July,October,
• January and April ofeachl
- Deleted:year,
B. Delinquent Bills: All charges for water shall be due and payable on rendition Deleted: and all bills and charges for
b mail of a notice of amount the ow or a shall water rents and other services aze payable¶
y t t owner tenant b
-at the office of the City Treasurer or
delinquent at the expiration of thirty(30)days from said date of mailing,and Cnue mr. lord.1982-9,s-zs-sz)n
for the purpose of enforcing the lien as provided by statute,the fortieth day
following the fast day of the respective quarter is hereby fixed as a
delinquency date. (Ord. 1982-9,3-25-82; 1994
C. Shut Off of Water for Nonpayment;Turn-On Fee:Ten(10)days after
a bill shall become delinquent,the water may be shut off from the premises,
and shall not be turned on until all back rentals and charges are pai in full Formatted:Indent:Left: a.7"
jncludine a twenty five dollars($25.00)fee for turning on the water when Deleted:,
service is located within the City limits;said fee shall be ten dollars($10.00) Deleted:rose ne¶
plus all back rentals and charges when service is located beyond the City wan
limits. Any payments received after 3:30 P.M.will not be credited until the
next business day.
D. Additional Deposit Required: In the event a water user becomes more than
ten(10)days delinquent on two(2)or more separate occasions,the user may
be required to furnish an additional deposit to the City in an amount equal to
one estimated bill or not less than twenty five dollars($25.00)in the case
of all other property,and the City may refuse to turn said water on again
until the aforesaid deposit has been received. (Ord. 1982-9,3-25-82)
7-5-5-3: RESPONSIBILITY OF WATER SERVICE CUSTOMER;DEPOSIT:
Water service accounts and charges shall be kept in the name of the owner
of the property served,except as to property owned by the State of Illinois.
Only such owner shall be recognized as the consumer,except where the tenant
makes and maintains a deposit of an amount of money with the City Treasurer
equal to the estimated water bills for the premises to be served to guarantee
payment for water service,but in no case shall such deposit be less than
twenty five dollars($25.00). The deposit shall accompany the application for
service. Where no deposits are made or where the deposit is not maintained,
the owner of the premises served shall be held responsible for the payment of t Formatted:Indent:Left: 0",
all water rentals and all other proper changes in connection with Hanging: 0.7"
water services
to said premises. Such payments shall be accepted from tenants if tendered by
them,but accepting payments from tenants shall not subsequently relieve the
owner of the premises from theresponsibility of paving water rentals or other Deleted:responsibetity
service charges when due or relieve the real estate form the lien hereinbefore
provided. Any deposit made upon application for service shall be returned to
consumer upon termination of service. (Ord 1974-69, 10-24-74)
,7-5-6: WATERWORKS REVENUE: Deleted:I
A. Duties of City Treasurer: ¶
fl
7-s-s-sfl
1. Monies to: All money due the Water Department from all purposes and I
sources,including the collection of water rents or rates,shall be paid to the city served hall beheld responsible for the
payment of all water rentals and all othat¶
Treasurer or City Collector. If the same shall be paid to the City Collector,he proper changes in connection with water
shall in turn forward to said premises. Such payments¶
d the same to the City Treasurer. shall be accepted from tenants iftenderea
by them,but accepting payments from fl
2. Custodian of Funds: The City Treasurer shall be custodian of the funds tenants shall not subsequently relieve the
owner of the premises from the
derived from income received from the waterworks system,and shall give responsibility of paying water rentals or
proper bond for the faithful discharge of his duties. The Treasurer shall other service charges when due or relieve
the real estate form the¶
maintain separate accounts in which shall be placed the interest and sinking lienherembeforeprovided. Any deposit
fund monies and another account in which shall be placed the depreciation made upon application for service shalt
be returned to consumer upon termination
funds and all other funds necessary to provide for refunding outstanding of service, (orn.1974.69,10-24-74)1
certificates or bonds payable out of water revenue. 5
B. Water Fund: All revenue derived from the sale of water as herein provided
shall be kept separate and apart by the City Treasurer from the other revenue
of the City. Said money shall be known as the Water Fund an shall be used
exclusively for waterworks purposes;that is,for the maintenance,extension,
improvement and operation of said waterworks,the retirement of waterworks
bonds and certificates,and under no circumstances shall this revenue be
diverted to any other purpose. (Ord. 1974-69, 10-24-74)
C. Water Surplus Account and Water bond Redemption Account: The
City Council deems that in its best interest and required pursuant to
the terms of an ordinance passed on May 8, 1969,authorizing the
issuance of revenue bonds for the purpose of improving its water
system to create two(2)accounts,one designated as a surplus
account in which any surplus monies remaining after payment of
7-5-6
those monies required to be paid into special accounts created under
section 8,subparagraphs(a)through(d)of said ordinance of May 8,
1969,and said account shall be designated as a surplus account and
bond redemption account upon the following terms and conditions:
1. Surplus Account: A surplus account shall hereby be established
pursuant to the terms of the City ordinance passed May 8, 1969,
providing that all monies remaining in the Water Fund of the City
established by said ordinance after all previously described payments
shall be placed into the surplus account at the close of each billing
quarter. At the end of each fiscal year,a sum of not less than fifty
percent(50%)of the amount paid into said surplus account shall be
transferred to a bond redemption account created hereafter. The
remaining balance contained in said surplus account may be used
for the improvement,extension or maintenance of the City water
system.
2. Bond Redemption Account: The City hereby creates a bond
redemption account which shall be established at the close of the
next fiscal year occurring upon the effective date hereof. Fifty
percent(50%)of those monies transferred at the close of each fiscal
year from the surplus account of the Water Fund of the City shall be placed
in said bond redemption account so as to provide funds with which to retire
water bond obligations of the City. (Ord. 1985-16, 1024-85)
Comment[L11:Are ffiese still
needed?
7-5-7: CHANGE OF RESIDENCE BY WATER SERVICE CUSTOMERS:
No person,either owner or tenant,who,in changing his residence from
one location to any other location served by the Water Department,shall be
given water service until any and all delinquent water rentals which are
charged against him at his former place of residence shall have been paid
in full,and no water at the new location shall be turned on and,if so,the
same shall be turned off until settlement of such delinquent water rental at the
former location is made. A charge of twenty- five dollars(,$25.00)for Deleted:
turning on water and renewing service shall be made,in addition to the
payment of the delinquent water rental or charges. (Ord. 1974-69. 10-24-74)
7-5-8
7-5-8: WATER SHUT-OFFS AND TURN-ONS:
A. Authority to Shut Off Water;Nonliability: the City shall not be held
responsible by reason of the breaking of any service pipe or apparatus
or for failure in the supply of water. The City,when necessary,without
notice,may shut the water off in its mains for the purpose of making repairs
or extensions or for other purposes. No claims shall be made against the City
by reason of the breakage of any service pipe or service cock,or from other
damage that may result from the shutting off of water for repairing,laying or
relaying mains,hydrants or other connections. (Ord. 1974-69, 10-24-74)
B. Requests for Water Shut-Off and Turn-On:
I. Water Shut-Off: Owners or consumers desiring to discontinue the
use of water shall give notice thereof,in writing,to the irector Deleted:supedntend=t
of Public Works or the City Treasurer or Collector,who shall then cause the
water to be turned off. Water rents or charges for services shall be made
until such notice is given. When water service is discontinued,all water
rentals for such service shall become due and payable. When water service
is again desired after having been discontinued,a charge of five dollars($5.00)
shall be made and collected before turning on water and renewing service.
Comment[Ul!
2. Water Turn-On: In turning on water,the City Council or the Water
Department shall not be responsible for any damage that may occur by
reason of improper fixtures,open or improper connections,or for any
other causes. (Ord. 1974-69, 1-24-74; 1994 Code)
7-5-9: PROHIBITED ACTS AND CONDITIONS:
A. Electrical Grounding to Water System: No part of any water service,
including the portion owned or used by any user of water, shall be
used as a ground for a radio, telephone and other electrical system or
appliance.
B. Unnecessary Waste of Water: Consumers shall prevent unnecessary
waste of water and keep all water outlets closed when not in actual
use. If unnecessary waste of water takes place, the City Council
reserves the right to cut off the supply, and the City further reserves
the right to prohibit the use of water for yard sprinklers, elevators and
large consumers of water when, in the judgment of the Council, it shall
be necessary to do so. (Ord. 1974-69, 10-24-74)
7-5-9
C. Use of Ground Water Prohibited:
1 . Prohibited: The use or attempt to use as a potable water supply ground
water from within the corporate limits of the United City of Yorkville by the
installation or drilling of wells or by any other method is hereby prohibited
within the properties described in ordinances passed by city council.
2. Penalties: Any person violating the provisions of this subsection C shall
be subject to penalties as provided in section 1-4- 1 of this code.
3 . Definitions:
PERSON: Any individual, partnership, copartnership, firm,
company, limited liability company, corporation,
association, joint stock company, trust, estate, political
subdivision, or any other legal entity, or their legal
representative, agents, or assigns.
POTABLE Any water used for human or domestic consumption,
WATER: including, but not limited to, water used for drinking,
bathing, swimming, washing dishes, or prepared foods.
4. Memorandum of Understanding: The mayor of the United City of
Yorkville is hereby authorized and directed to enter into a memorandum
of understanding with the Illinois environmental protection agency
("Illinois EPA") in which the United City of Yorkville assumes responsibility
for tracking the remediation sites, notifying the Illinois EPA of changes to the
ordinances,and taking certain precautions when siting public potable water
supply wells. (Ord.2005-50,6-14-2005)
Deleted;7-5-10¶
1
7-5-10:. -TEMPORARY SERVICE TO
CONTRACTORS:¶
9
A.If,during construction of service
installation on a dnee-quarter inch(3/4")
or¶
me inch(1")tap,it is temporarily
impossible to install a meter as required,.
the¶
.Director ofPubh.Works or the City
Council may,upon receipt ot¶
.application,issue a temporary bulk
water permit,and man on the service and¶
allow use of umnetered water for
normalcunstmctimpurposes. Such
permit¶
.shall not exceed sixty(60)days after
the date of issuance ofthe pemait for¶
.construction of said service installation.¶
9
B. The charges for temporary bulls water
permit sball be tan dollars(570.00)for¶
-each thirty(30)days or less that a meter
is not installed after issuance of ¶
plumbing peanut,and not to exceed a
total of sixty(60)days.Said
charges-shall be paid in advance of each
period requested and before water is
tamed¶
an by the Department. (Ord.1974-69,
10-24-74;1994 Code)¶
I
7-5-11: REGULATIONS FOR DEVELOPERS:
A. Public Water Supply for Subdivisions: No subdivision of land in the
corporate limits shall be approved by the City Council unless the lots
therein are provided with adequate water connecting with the City water
system,if at all practical. Water connections and City water main extensions,
if necessary in order to connect to the City water system,shall be at the
subdivider's expense but under the direct supervision and control of the City
Council or its authorized agents. Prior to the time said extension is undertaken,
the subdivides shall pay the cost of said extension. Upon completion,any
extension shall be dedicated to the City and become property of the City who
shall then assume full responsibility for maintenance and repairs of the same.
B. Water System Improvements:
1. Where improvements and extensions to the water distribution
system are required in order to serve the needs of a development,the developer
shall bear all costs in the water main installation. (Ord.1974-69, 10-24-74)
7-5-11 Comment[L3]:How can we fie this
to the subdivision control.,din.snd
atandaid spec fications?
2. Prior to proceeding with construction,the developer shall prepare and submit
plans and specifications to all Federal,State,County,Township and other
governmental agencies as required by law. Permits or approvals shall be
received from all appropriate agencies. The contractor shall also submit plans
and specifications to the Director of Public Works and shall obtain
written approval from the City Council before proceeding with construction.
The following requirements shall be met:
a.Plans and specifications submitted shall bear the seal of a current registered
professional engineer.
b.Water mains shall be not less than six inches M')in diameter. Deleted:c
c.Fire hydrants shall be set at each intersection and at intervals not to exceed
four hundred feet(400')(whichever results in closer spacing). (ord. 1974-69,
10-24-74)(Ord. 1974-69, 10-24-74; 1994 Code)
d.All future water mains shall be constructed of ductile iron. Ductile iron
valves and appurtenances shall be used whenever possible;however,the
Director of Public Works may,at his discretion,allow the use of cast
iron valves and other cast iron appurtenances to the actual water pipe upon
his written consent to the installer. (Ord. 1983-15,9-22-83; 1994 Code)
e.Water mains shall be buried such that finished grade will provide not
less than five and one-half feet(5 ''/z')of cover and not greater than eight
and one-half feet(8'/2 ;)of cover over the main.
11 All water main extensions shall be designed,installed and tested in
accordance with the"Standard Specifications for Water and Sewer Main
Construction in Illinois". (Ord. 1974-69, 10-24-74)
g.The contractor shall pay all expenses incurred by the City to provide field
inspections and approval of water mains before,during and after construction.
At the sole option of the City,the following procedures shall be followed:
(1) Complete field inspection by the irecto r of Public Deleted:Sipe nt®dot
Works or his agent,with free advice and consulting on the project
by the design engineer.
7-5-11
(2) Complete field inspection by the design engineer for the
developer with periodic field checking by the irector Deleted:supcwintendent
of Public Works or his agent;
(3) Complete field inspection by the design engineer for the
developer. If the City selects this option,there shall be
submitted to the City a sworn statement carrying the design
engineer's signature and seal stating that the water system was
installed in strict accordance with the plans and specifications as
approved,except as shown in the as-built drawings. (Ord. 1974-69,
10-24-74; 1994 Code)
Jr.Mylar or cloth reproducible drawings shall be submitted to the City after
construction showing the system as-built. (Ord. 1974-69, 10-24-74)
C. Installation of Oversize Mains:
1. Notice Requiring Oversized Mains;Compliance:
a.When,in any subdivision now within the City or within one
and one-half(I %)miles of the City limits which normally would require
a six inch(6")or eight inch(8")size water main but which,for the purpose of
complying with the plan of development of the City's water system to provide
and adequate water supply,not only to the particular subdivision but also to
subdivisions which in the future may become a part of the City,and where
the City Engineer and Director of Public Works have determined that
water mains of a larger diameter than eight inches(8")and the size thereof,
shall be installed,then the City Engineer or the irecto r of Public Deleted:sup®;w d f
Works shall inform the subdivision by a written notice of that fact and require
them to install such oversized water mains and at the same time, in said notice,
inform them of the size to be installed. (Ord. 1974-69, 1024-74; 1994 Code)
b. Upon being so notified as provided for in this subsection, no subdivider,
builder or developer shall install any water main in such subdivision of any
size other than that specified to him by the aforesaid notice.
2. Costs: At such time as the installation of said oversized water main pipe
shall have been completed in accordance with the plans and specifications
submitted to the City for such installation, and also in accordance with the
notice specified in this subsection, and
7-5-11
all such installations shall have been inspected and approved by the
City as provided for by ordinance of the City, then the City will pay
any such subdivider, builder or developer who has installed oversized water
main pipe as above provided, the difference of the cost at current prices, as
of the time of said installation, between the eight inch (8') main pipe which
was originally planned to be used and the cost of the oversized pipe which the
City directed to be used. (Ord. 1974-69, 1024-74)
7-5-12: PRIVATE SPRINKLER AND FIRE PROTECTION SYSTEMS:
Private sprinkler and fire protection water systems may be
connected with the City water mains subject to the following provisions and regulations
and provided the applicant is a consumer taking water supply for other uses from the City
at regular rates for such uses:
A. Application for Service;Approval: Whenever sprinkler or fire protection
services are desired,application shall be made for the privilege of installing
such service,which application shall include complete specifications and plans
of the installation contemplated. If said application is approved with the City
Council,the applicant shall enter into an agreement with the City for
connection to City mains,subject to the provisions of this Chapter.
(Ord. 1974-69, 1024-74)
B. Inspection of System:
1. City water will be turned into any sprinkler or fire protection system
only when such installation shall have been subjected to and passed such
inspection and pressure tests as maybe required by the Directo r of Deleted:suPerintmdem
Public Works. All pipes in connection with such system shall be left exposed
until such tests have been made and the system approved. No cross-
connections between private water supplies and services connected to City
mains shall be permitted.
2. Any and all premises connected to City water mains for sprinkler or
fire protection services shall be subject to inspection by the irector Deleted:suPeriwwdwt
of Public Works at any time for count and conformity to the City
regulations.
C. Rates and Charges: Rates and Charges shall be as provided in Section 7-5-5-1 .
of this Chapter. (Ord. 1974-69, 10-24-74; 1994 Code)
7-5-13
7-5-13: WATER CUSTOMER CONTRACTUAL AGREEMENT: The rules and
regulations as set forth in this chapter shall be considered a part of the contract of every
person who takes water supplied by the city through the city waterworks. Every such
person who takes water shall be considered as having expressly agreed to be bound by
the provisions of this chapter upon his acceptance of water service from the city.
(Ord. 1974-69, 10-24-1974)
7-5-14: VIOLATION AND PENALTY: Any violation of this chapter shall
constitute a petty offense and be punishable by a fine as provided in section 1-4-1
of this code. (Ord 1974-69, 10-24-1974;amd. Ord. 1983-15,9-22-1983; 1994 Code)
7-5-15: WATER CONSERVATION REGULATIONS:
A. Definitions: The following words and phrases when used in this section shall,
for the purpose of this section,have the following meanings
CITY: The United City of Yorkville.
Drip Irriga- A soaking hose that when in use does not result
tion System: in an actual dissipation of water.
DRIP LINE: Pertaining to a tree or shrub,the ground area immediately
beneath the branches of the tree or shrub.
LANDSCAPE/ Sod and seeded turf lawns,gardens,trees,shrubs,and
LANDSCAPING: other living plants.
PERMITTED A time period between five o'clock(5:00)A.M. and
HOURS OF nine o'clock(9:00)A.M.;and between nine o'clock
WATER USE: (9:00)P.M. an twelve o'clock(12:00)midnight,each day.
Comment[L4]:Should we"psnd
PERSON: Any individual, firm,partnership,association. hm�7
corporation,company,organization,or entity of
any kind.
WATER: The water provided by and obtained by a person from
the city water supply and distribution system.
7-5-15
B. Application:
1. The provisions of this section shall apply to all persons using water,and
to all properties within the city or unincorporated areas which are connected
to the City's water supply and distribution system,regardless of whether
any person using the water has a contract for service with the city.
2. The provisions of this section shall apply annually from May I through
September 30. subject to any modifications thereof, including application of
these or other regulations during this or any other time, by an emergency
proclamation issued pursuant to subsection C of this section.
C. Restricted Hours And Days For Specified Uses:
1 . Water may be used for landscape watering or the filling of swimming
pools only as follows:
a. All properties with even numbered street numbers (i.e., numbers
ending in 0, 2, 4, 6 or 8) may use water for landscape watering or for pool
filling, only on even numbered calendar dates during permitted hours of water
use.
b. All properties with odd numbered street numbers (i.e., numbers
ending in 1 , 3, 5, 7, and 9) may use water for landscape watering or for pool
filling only on odd numbered calendar dates during permitted hours of water
use.
c. There shall be no restrictions as to hours or days when water
may be used for any of the following:
(1) Landscape watering or sprinkling where such watering
or sprinkling is done by a person using a hand held watering
device;
(2) Filling swimming pools with a volume of fifty (50)
gallons or less;
(3) The automatic watering of trees and shrubs by means
automatic root feed or drip irrigation systems within the
drip line of the tree or shrub; or
(4) Vehicle and equipment washing; or
7-5-15
issue an emergency proclamation specifying different or additional
regulations on the use of water.
2. Such regulations may provide for limitations on the usage of water,
limitations on days and hours of use of water for some or all purposes, and
the prohibition of specified uses of water.
3. Upon issuing such proclamation, the city mayor shall make the contents
thereof known to the public by posting a copy at the city hall, and by news
release to local newspapers and radio media, and may also endeavor to notify
the city residents and other persons in any other practical manner that he or
she shall devise. Further, the city mayor shall immediately deliver notice of
such proclamation, and the regulations that have been imposed by such
proclamation, to all members of the city council.
4. The emergency proclamation of the city mayor, and the regulations
imposed thereby, shall remain in full force and effect until any one of the
following shall first occur:
a. The city mayor determines that the emergency no longer
exists and that the emergency proclamation, and the regulations imposed
thereby, shall no longer continue in effect.
b. The city council modifies or repeals the emergency proclamation
and the regulations imposed thereby, by means of an ordinance enacted at any
regular or special meeting of the city council.
c. The first regular meeting of the city council occurring more
than thirty (30) days after the date of the emergency proclamation of the city
mayor.
5. Any city employee or officer may, at the direction of the city mayor,
notify and warn any person of the effect of said emergency proclamation and
direct said person to comply with said watering or sprinkling restrictions. If
any said person, after having first been warned about said restrictions of the
emergency proclamation, fails to comply with the water restrictions, the
person shall be deemed to be in violation of this section. (Ord. 2004- 17,
3-23-2004)
J. Penalty:
1 . Any united city of Yorkville inspector, employee, officer or citizen
observing a violation of this section may file a complaint by notifying
the united city of Yorkville police department.
7-5-15
2. Any person who violates, disobeys, neglects, fails to comply with or
resists enforcement of the provisions of this section, other than subsection F
or I of this section, shall be subject to penalties as provided in section 1-4-1 of
this code in conjunction with the following provisions:
a. Fifty dollars ($50.00) for a first offense;
b. One hundred twenty five dollars ($125.00) for a second
offense; and
c. Five hundred dollars ($500.00) for each subsequent offense.
3. Within ten (10) days of receiving notice of such violation any person may
pay at the office of the united city of Yorkville water department the fine.
4. The amount of any fine due for a violation of the provisions of this
section occurring at a property in the city, if not paid as provided therein,
a notice to appear shall issue and upon adjudication of the matter and
assessment of a fine, the fine amount owed to the city shall be added to the
bill for water consumption for the property at which the offense occurred.
(Ord. 2004-20, 4-27-2004)
7-5-16: INSPECTION; AUDIT; APPEAL:
A. Right of Access; Use Inspection: The united city of Yorkville and its
employees and the Illinois environmental protection agency shall have
ready access at all reasonable times to the premises, places or buildings
where water service is supplied for the purpose of inspecting, examining
and testing the consumption, use and flow of water, and it shall be unlawful for
any person to interfere with, prevent or obstruct the united city of Yorkville or
its duly authorized agent or the Illinois environmental protection agency in its
duties hereunder. Every user of the system shall take the same upon the
conditions prescribed in this section.
B. Powers and Authority of Inspectors:
1 . The director of public works and other duly authorized employees
of the united city of Yorkville and the Illinois environmental protection
agency, bearing proper credentials and identification shall be permitted to
enter all properties for the purposes of inspection, observation, measurement,
sampling, and testing in accordance with
7-5-16
the provisions of this section. The united city of Yorkville or its representative
shall have no authority to inquire into any processes, including metallurgical,
chemical, oil refining, ceramic, paper, or other industries beyond that point
having a direct bearing on the kind and source of discharge to the sewers or
waterway or facilities for waste treatment.
2. While performing the necessary work on private properties
referred to above the director of public works or duly authorized employees
of the united city of Yorkville and the Illinois environmental protection agency
shall observe all safety rules applicable to the premises established by the
property owner or its agent and the property owner or its agent shall be held
harmless for injury or death to the united city of Yorkville employees and the
united city of Yorkville shall indemnify the company against liability claims
and demands for personal injury or property damage asserted against the
property owner and growing out of the gauging and sampling operation,
except as such may be caused by negligence or failure of the property
owner or its agent to maintain conditions as required in this chapter.
3. The director of public works and other duly authorized employees of
the united city of Yorkville bearing proper credentials and identification shall
be permitted to enter all private properties through which the united city
of Yorkville holds a duly negotiated easement for the purposes of, but not
limited to, inspection, observation, measurement, sampling, repair, and
maintenance of any portion of the waterworks lying within said easement.
All entry and subsequent work, if any, on said easement , shall be done in
full accordance with the terms of the duly negotiated easement pertaining
to the private property involved.
C. Access To Records: The IEPA or its authorized representative shall have
access to any books, documents, papers and records of the united city of
Yorkville, which are applicable to the water system, of user charges for the
purpose of making audit, examination, excerpts and transcriptions thereof
to ensure compliance with the terms of any loan obtained from the IEPA
under its public water supply (PWS) loan program.
D. Annual Review Of Charges: The adequacy of the water service charge shall
be reviewed, not less often than annually, by certified public accountants for
the united city of Yorkville in their annual audit report. The water service
charge shall be revised periodically to
7-5- 16
reflect a change in the local capital costs or overhead, maintenance and
repair costs.
E. Appeals: Users shall be provided the method for computing rates and
service charges within fourteen (14) days of written request. City shall
make best efforts to remedy any disagreement with the method used
or the computations made within thirty (30) days of a formal written
appeal outlining the discrepancies. (Ord. 2005-19, 3-8-2005)
`�fpD Co. Reviewed By: Agenda Item Number
2 0 O I
J T Legal ❑
ES Finance F1 Imo T. , � � 1636
— Engineer �° Tracking Number
Q L tq City Administrator
Consultant ❑
Agenda Item Summary Memo
Title: Game Farm Road/Somonauk Street–Additional Phase 2 Engineering& MFT
Appropriation Resolution
Meeting and Date: December 16, 2008 Public Works Committee
Synopsis: This request in the amount of$36,357.91 is for additional compensation for work
related to easements, as well as re-design of various parts of the project.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
Memorandum
EST. , I` 1836 To: Brendan McLaughlin, City inistra or
�9 �I �j From: Joe Wywrot, City Engineer
— p CC: Lisa Pickering, Deputy City krk13
<CE
;���2 Sue Mika,Finance Director
Date: December 8,2008
Subject: Game Farm Road/Somonauk Street—Additional Phase 2
Engineering&MFT Appropriation Resolution
Attached find a request from SEC Group, Inc. for additional engineering work related to the
referenced project. The request is for revisions related to easement/right-of-way acquisition, and
also for revisions to the plans. The total amount of the request is $36,357.91. Also attached find
an MFT appropriation resolution in the amount of$36,357.91 to fund this work.
This project was originally scheduled for construction in 2009. In order to meet that timeframe,
we had to proceed with preparation of the legal documents for easement and additional right-of-
way prior to approval of the final engineering plans. During the plan review process, several
changes were made that affected the extent of easements required. This request includes about
$26,800 for revisions to existing or additional legal documents.
The plan review process also resulted in changes that required additional design effort. The
bituminous path along the north side of Somonauk and east side of Game Faun Road was re-
designed to move it further from the roadway,and changes in the path elevations were made to
minimize disturbance to adjacent private properties. There was also additional work related to
the retaining wall design near Hillside Nursing Home,traffic staging design based on comments
from the school district,work related to preserving an oak tree at 503 Game Farm Road,re-
design of the storm sewer along Somonauk Street,revisions to the library entrance location, and
related internal costs. The total of these costs is about$9,600.
I recommend that we apply for 50%federal funding of this additional work through the Kane-
Kendall Council of Mayors(KKCOM). While this helps in short-term funding,due to
KKCOM's funding cap policy we will end up paying for all of this additional engineering work
during the construction phase of the project.
Please place this request and the MFT appropriation resolution on the December 16,2008 Public
Works Committee agenda for consideration.
Illinois 1"tfTlPJtt Resolution for Improvement by
{� Municipality Under the Illinois
Of Transportation Highway Code
BE IT RESOLVED, by the City Council of the
Council or President and Board of Trustees
United City of Yorkville Illinois
City, Town or Village
that the following described street(s) be improved under the Illinois Highway Code:
Name of Thoroughfare Route From To
Game Farm Road US Route 34 Somonauk St.
Somonauk Street Game Farm Road Colton St.
BE IT FURTHER RESOLVED,
1 . That the proposed improvement shall consist of additional surveying work and preparation of plats of easement
and plats of dedication for right-of-ways, and additional Phase 2 engineering related to various design issues
and shall be constructed N/A wide
and be designated as Section 03-00031 -00-FP
2. That there is hereby appropriated the (additional ® Yes ❑ No) sum of thirty-six thousand, three hundred and
fifty-seven and 91/100--------------------------------------------- Dollars ( $36,357.91 ) for the
improvement of said section from the municipality's allotment of Motor Fuel Tax funds.
3. That work shall be done by contract and,
Specify Contract or Day Labor
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the
district office of the Department of Transportation.
Authorized MFT Expenditure I, Jacquelyn Milschewski Clerk in and for the
United City of Yorkville
City, Town or Village
County of Kendall hereby certify the
Date
foregoing to be a true, perfect and complete copy of a resolution adopted
by the City Council
Council or President and Board of Trustees
Department of Transportation at a meeting on December 23, 2008
Date
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and seal this
day of
Regional Engineer
(SEAL)
City, Town, or Village Clerk
Page 1 of 1 BLR 09111 (Rev. 7/05)
Printed on 12/8/2008 3:04:52 PM
Illinois Department Local Agency Jlate � unvact Uay Lauoi weal wium,n nn ,vn.c nswU n,
o
of Transportation United City of Yorkville
Local Agency Agreement Section Fund Type ITEP Number
for Federal Participation 03-00031 -00-FP
Construction Engineering Right-of-Way
Job Number Project Number Job Number Project Number Job Number Project Number
C-93-055.07 M-8003 (810) P-93033-07 M-8003 (811 )
This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting
by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the
designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the
STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as 'FHWX.
Location
Local Name Game Farm Road - Somonauk Street Route FAU 150 Length 5,500 Feet
Termini From Illinois Route 47 to US Route 34
Current Jurisdiction Existing Structure No
Project Description
Division of Cost
Type of Work FFIWA % STATE % LA % Total
Participating Construction ( ) ( ) ( )
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering 18,179 ( 50 ) ( ) 18,179 ( 50 ) 36,358
Construction Engineering ( ) ( ) ( )
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
TOTAL $ 18,179 $ $ 18,179 $ 36,358
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and
State participation. The actual costs will be used in the final division of cost for billing and reimbursment.
If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.
The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost.
mlff-
Local Agency Appropriation
By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and
additional funds will be appropriated, if required, to cover the LA's total cost.
Method of Financing (State Contract Work)
METHOD A---Lump Sum (80% of LA Obligation)
METHOD B--- Monthly Payments of
METHOD C---LA's Share $18,179.00 divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed on 12/1/2008 Page 1 of 4 BLR 05310 (Rev. 03/26/08)
Agreement rrowsrons
THE LA AGREES:
(1 ) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be
cooperatively determined by representatives of the LA, and STATE and the FHWA, if required.
(2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private,
in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required.
(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to
provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this
section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for
which adequate books, records and supporting documentation are not available to support their purported disbursement.
(8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
the proposed improvement.
(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.
(10) (State Contracts Only) That the method of payment designated on page one will be as follows:
Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum,
an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE
the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the
project based upon final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the
provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including
any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the
LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total
cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until
the entire obligation incurred under this Agreement has been paid.
(11 ) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services
necessary to construct the complete project.
(12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the
fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the
close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any
Federal Funds received under the terms of this Agreement.
(14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to
the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield,
Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad
related work. All railroad related work is also subject to approval be the Illinois Commerce Commission ([CC). Final inspection for
railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office.
Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for
review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic
signals should also be coordinated with the IDOT's District Bureau of Operations.
The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to
requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of
Local Roads and Streets office.
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
Printed on 12/112008 Page 2 of 4 BLR 05310 (Rev. 03126108)
(15) And certifies to the best of its Knowledge ano oeueT ]TS ornaais:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal,
State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen
property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with
commission of any of the offenses enumerated in item (b) of this certification; and
(d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local)
terminated for cause or default.
(16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
(17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to
the responsible low bidder as determined by the STATE.
(18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of
any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of
a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions;
(c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties
(including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
(19) To regulate parking and traffic in accordance with the approved project report.
(20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
(21 ) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
(22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the
improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting
documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other
documentation supporting the requested reimbursement amount.
(23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of
the project described in the Project Description does not exceed $1 ,000,000 (five years if the project costs exceed $1 ,000,000).
(24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all
applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date
of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the
improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed.
(25) (Single Audit Requirements) That if the LA receives $500,000 or more a year in federal financial assistance they shall have an
audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. LA's that receive less than
$500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after
the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway
planning and construction activities is 20.205.
THE STATE AGREES:
(1 ) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity
of the LA's certification of compliance with Titles II and III requirements.
(2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the
STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid.
(3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and
to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and
Engineer's Payment Estimates in accordance with the Division of Cost on page one.
(4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction
work:
Printed on 12/1/2008 Page 3 of 4 BLR 05310 (Rev. 03126/08)
(a) To reimburse the LA for the Federal and/or State share on the basis of perioatc buungs, prowoeo said ummys out nam suuwieui
cost information and show evidence of payment by the LA;
(b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by
STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE.
IT IS MUTUALLY AGREED:
(1 ) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not
awarded within three years of the date of execution of this Agreement.
(2) This Agreement shall be binding upon the parties, their successors and assigns.
(3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.
The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by
USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence
of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the
provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program.
(4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to
appropriate or otherwise make available funds for the work contemplated herein.
(5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or
amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 at se g.) unless the provisions of that Act exempt its
application.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1 Location Map
(Insert addendum numbers and titles as applicable)
The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement
and all addenda indicated above.
APPROVED APPROVED
State of Illinois
Name Valerie Burd Department of Transportation
Title Mayor
County Board Chairperson/MayorNillage President/etc. Milton R. Sees, Secretary of Transportation
Signature Date
Date
Christine M. Reed, Director of Highways/Chief Engineer
TIN Number
NOTE: If signature is by an APPOINTED official, a resolution authorizing Ellen J. Schanzie-Haskins, Chief Counsel
said appointed official to execute this agreement is required.
Ann L. Schneider, Director of Finance and Administration
Printed on 12/112008 Page 4 of 4 BLR 05310 (Rev. 03/26108)
SC Group , c .
Engineering ® Surveying ® Planning A Landscape Architecture
Exhibit C
AGREEMENT
for SUPPLEMENT NO. 1
RIGHT OF WAY PLATS AND PREPARATION
OF CONTRACT PLANS AND SPECIFICATIONS
GAME FARM ROAD/SOMONAUK STREET
RECONSTRUCTION FROM
ILLINOIS ROUTE 47 TO U.S. ROUTE 34
Mr. Joseph Wywrot
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Phone: (630) 553-8545
Fax: (630) 553-7575
SEC Job No. : YORK-040098.04
DECEMBER 4, 2008
651 Prairie Pointe Drive, Suite 201 , Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 wwwsecgroupinc.com
AGREEMENT FOR CONSULTANT SERVICES
ADDENDUM NO . 1
Project: Game Farm Road-Somonauk Street
Section: 03-00031 -00-FP
Project No. : M-8003 (811 )
Job No. : P-93-033-07
Original Contract Value: $311 ,566.24
Addendum No. 1 : $ 36,357.91
Revised Contract Value: $311 ,566.24 + $363357.91 = $3475924. 15
ADDENDUM NO. 1
Whereas, the United City of Yorkville heretofore entered into a contract dated
May 22, 2007 with SEC Group, Inc.
Whereas, revisions and additions to the original contract are necessary as follows
to accommodate additional scope of work requested by the United City of Yorkville.
Whereas, the circumstances necessitating Addendum No . 1 were not reasonably
foreseeable at the time the original contract was signed;
Whereas, the forgoing changes and additions were not anticipated and were not
provided for in the original contract;
Therefore, it is necessary to amend the contractual scope and upper limit of
compensation to be paid under the contract, as such:
® The original Preliminary Engineering Services Agreement for Federal
Participation (BLR Form 05610) shall remain intact.
Whereas, this amendment will provide the appropriate adjustments to include the
labor fee and the direct costs for right of way plats, engineering and administration.
Whereas, the adjusted upper limit of compensation will exceed the original
contract by not more than $36,357.91 .
Scope of Services
Additional design tasks that are beneficial for the project and in accordance with the preliminary
and pre-final plan reviews are summarized below. These additional services were realized
during meetings held with homeowners during the design process. Concerned citizens have
voiced new design changes after approval of the Phase I Report. These revisions have resulted
in changes needed after the construction plans have been advanced to 95 percent complete. The
preliminary and pre-final plan plans were prepared using the concepts developed during the
phase one studies. Ongoing public involvement after design approval has resulted in
unanticipated changes. This additional design work will be beneficial during the land acquisition
phase of the project. Construction is anticipated in 2010.
A. Survey Plats-new work
Additions to Plat of Highways-an additional eight (8) parcels are now in need of right-of
way (ROW) or easement acquisition:
Total Hours:
Eight (8) new parcels 192 hours
Eight (8) title commitments for new parcels 18 hours
Total Hours 210 hours
I3. Survey Plats-revisions
Revisions to Plats of Highways-changes are required to the shapes and locations of
subject parcels.
Total Hours:
Five (5) new temporary easements or permanent easements
added to existing parcels 40 hours
Ten (10) revised temporary or permanent easements
or proposed ROW 40 hours
Total Hours 80 hours
Title commitments of original parcels may be subject to updates at $50.00 per update.
C. Revise sidewalks and cross sections to be eight (8) foot wide bituminous
Include revised locations in the contract plans for the installation of an eight (8) foot wide
path along most of the north and east side of the project to reduce ROW, provide
additional separation from the roadway and match ground elevations at the property lines.
Remove the five (5) foot sidewalk that was a part of the original design. This work
includes updates to the typical sections, pan and profiles, drainage plans, and cross
sections. A detail of the path pavement shall be included in the plans.
Total Hours:
Revise plan and profile sheets five (5) 8 hours
Revise drainage sheets five (5) 5 hours
Revise cross section sheets (29) 12 hours
Total hours 25 hours
Mr. Joseph Wywrot
United City of Yorkville
Game Farm Road
YORK-040098.04
December 4, 2008
13. Investigate alternative designs for retaining wall
Investigate special treatment and materials available for retaining wall options and
railings. Time includes determination of private parking patterns, revising grading plan,
and entrance treatment for retirement home.
Total Hours:
Detail sketches 8 hours
E. Revise traffic staging plans to accommodate High School entrance to different stage
The traffic staging plans were to be revised to change the location between the special
construction staging limits planned to allow completion of the work in front of the school
during the summer months. This change will allow each separate entrance to the high
school to remain open independently of the stage. The detour sheets will need to be
modified since the original detour concept was to close the entire school frontage during
the summer stage.
Total Hours:
Revise MOT sheets (2) 8 hours
F. Investigate measures to save existing tree at station 515+50, left side and provide
plan details
A special detail and adjustment to the sidewalk wad needed to avoid impacts to a 30 inch
diameter oak tree located on a residential property as requested by the land owner. Work
includes site visit and verification of tree offset and diameter.
Total Hours 4 hours
G. Investigate measures to reduce storm sewer diameter along Somonauk Street
The original design included storm sewer pipe diameters based on early available
mapping. During plan preparation, improved mapping of the watershed areas revealed
the opportunity to reduce pipe diameters to correspond with the lesser runoff areas and
flows. This will allow a significant savings in construction costs for the project. Some
additional segments of existing storm sewer pipes will also be saved and utilized. Time
includes drainage analysis and pipe flow calculations.
Total Hours:
Revised storm sewer watershed areas 6 hours
Pipe flow calculations 8 hours
Revised drainage sheets three (3) 15 hours
Total Hours 29 hours
Mr. Joseph Wywrot
United City of Yorkville
Game Farm Road
YORK-040098.04
December 4, 2008
H. Revise location of Library Entrance
A request was made to revise the design location of the entrance to the library to better
match the aisle of the parking lot. The existing location of the library entrance has
resulted in awkward traffic maneuvers for patrons while entering and exiting. Time
includes determination of utility impacts, storm water inlet adjustments, and relocation of
a light pole.
Total Hours: 4 hours
I. Administration
This item includes general administrative tasks associated with the work. Two (2)
percent of additional design time.
Total Hours: 6 hours
I QAQC
Six (6)percent of additional design time
Total Hours: 20 hours
K. Direct costs
Fee Estimate: $ 230.00
Total Amount for Additional Design Services:
Total = 394 hours = $36, 127.91
Direct costs = $230.00
Total additional fee = $ 36,357.91
Y:Uobs\Smith\2004\040098 Game Farm Phase 1\040098.04 Game Farm Road Phase Il\administration\supplements\Game Farm Road supplement
#1 revised scope 2008-I1-29.doc
Now, therefore, the parties hereto do mutually agree to change to the
AGREEMENT FOR CONSULTANT SERVICES as detailed in the attached Scope of
Services.
Save as to these provisions, all other terms and conditions of said contract are to
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Addendum 41 on this
day of December, 2008 .
UNITED CITY OF YORKVILLE
ATTEST:
By By
Clerk Valerie Burd, Mayor
United City of Yorkville
For SEC Group, Inc.
AT/TEST:
BY,
xecutive Assistant �ce side t
�FICIAL SEAL
JUDITN M KQESTER
R07aRr vusl.ic� srarE � IuINOlS
MY COh�ISSION EXPIRES:0113119Y
Y:Vobs\Smll1 \2004\040098 Game Fame Phase 1\040098.04 Game Fame Road Phase II\adminisnalion\contrecl\040098.04 EXHIBIT Gdoc
ADDENDUM 1
LOCATION
GAME FARM ROAD MAP
THE UNITED CITY OF YORKVILLE, ILLINOIS
KENDALL COUNTY
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PROJECT LOCATION
GAME FARM ROAD
U.S. RTE 34 TO IL, RTE 47
Local Agency "Engineering Consultant
L t SEC Group, Inc.
United City of Yorkville O C
County O O Address
Kendall A N 651 Prairie Pointe Drive
Section L S City
U Y rkville
Project No. A State
1 G Services Agreement T IL
Job No. For Zip Code
P-93-033-07 E Federal Participation A 60560
Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address
Joe Wywrot/ 630-553-8545 C T Andrew Svihra/630-553-7560
Jwywrot @yorkville.il.us Y Asvihra @secgroupinc.com
THIS AGREEMENT is made and entered into this day of I between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT.
Federal-aid funds allotted to.the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation
(STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.
Project Description
Name Game Farm Road - Somonauk Street Route FAU 1550 Length 5,500 Structure No. NONE
Termini From IL Route 47 to US Route 34
Description Preparation of right of way plats and construction plans for the reconstruction of Game Farm Road - Somonauk Street from IL
Route 47 to US Route 34.
Agreement Provisions
I. THE ENGINEER AGREES,
1 . To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of
engineering services for the LA for the proposed improvement herein described.
2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by
representatives of the LA or STATE.
3. To complete the services herein described within calendar days from the date of the Notice to Proceed from the
LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER.
4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man-
hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are
indicated in Exhibit A to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate
with the payroll rate for the work performed.
5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the
PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services
enumerated herein.
6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections
resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the
STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions orfor
clarification of any ambiguities.
7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER
and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the
improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when
such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local
Roads and Streets manual published by the STATE.
8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA.
Page 1 of 7 BLR 05610 (Rev. 9/06)
Printed on 12/1/2008 2:00:11 PM
9. The undersigned certifies neither the ENGINEER nor I have:
a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other
than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT,
b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above
ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the
AGREEMENT.
d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency,
e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property,
f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) and
g. have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local)
terminated for cause or default.
10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
11 . To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent
Amendment or Supplement.
12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B).
13. Scope of Services to be provided by the ENGINEER:
❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT.
❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and
flood flow histories.
❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water
Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification.
• Design and/or approve cofferdams and superstructure shop drawings.
• Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or
culvert types and high water effects on roadway overflows and bridge approaches).
• Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of
Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary
environmental clearances.
• Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data
for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard
Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid
Procedures for Local Highway Improvements or any other applicable requirements of the STATE.
❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation.
❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the
improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage
structures, and compliance with applicable design requirements and policies.
❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient
data for the design of the proposed improvement.
® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance
with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of
cost shall be furnished in quadruplicate.
® Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow
pit and channel change agreements including prints of the corresponding plats and staking as required.
Page 2 of 7 BLR 05610 (Rev. 9106)
Printed on 1211/2008 2:00:11 PM
11. THE LA AGREES,
1 . To furnish the ENGINEER all presently available survey data and information
2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the
following compensation formulas:
Cost Plus Fixed Fee ❑ CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC), or
® CPFF = 14.5%[DL + R(DL) + 1 .4(DL) + IHDC], or
❑ CPFF = 14.5%[(2.3 + R)DL + IHDC)
Where: DL = Direct Labor
HOC = In House Direct Costs
OH = Consultant Firm's Actual Overhead Factor
R = Complexity Factor
Specific Rate ❑ (Pay per element)
Lump Sum ❑
3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:
❑ With Retainage
a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to
90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to
95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,
monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-
assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all
necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted
contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in
this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of
this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose
sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 at seq.).
III. IT IS MUTALLY AGREED,
1 . That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed.
2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this
AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data
prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE,
without restriction or limitation as to their use.
Page 3 of 7 BLR 05610 (Rev. 9/06)
Printed on 12/1/2008 2:00:11 PM
3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current
Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid
Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such
furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the
engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein
enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's
expense.
4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by
the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement.
5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents
required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under
the contract for which adequate books, records and supporting documentation are not available to support their purported
disbursement.
6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services
rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT.
7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA, the STATE, and their
officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These
indemnities shall not be limited by the listing of any insurance policy.
B. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post
office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports,
permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from
soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be
responsible for reimbursement of all eligible expenses to date of the written notice of termination.
9. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or
grant and debarment of the contracting or grant opportunities with the State for at least one (1 ) year but no more than five (5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) or
more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific
performance under a contract or grant of $5,000 or more from the State, as defined in the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
a. Publishing a statement:
(1 ) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance,
including cannabis, is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:
(a) abide by the terms of the statement; and
(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5)
days after such conviction.
b. Establishing a drug free awareness program to inform employees about:
(1 ) The dangers of drug abuse in the workplace;
(2) The grantee's or contractor's policy of maintaining a drug free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance program; and
(4) The penalties that may be imposed upon an employee for drug violations.
c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or
grant and to post the statement in a prominent place in the workplace.
d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of
subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,
f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and
indicating that a trained referral team is in place.
g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act.
Page 4 of 7 BUR 05610 (Rev. 9/06)
Printed on 12/112008 2:00:11 PM
10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this
AGREEMENT, The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the LA deems appropriate.
Agreement Summary
Prime Consultant: TIN Number A reement Amount
SEC—Group, Inc. 36-3456281 1 $362358.00
Sub-Consultants: TIN Number Agreement Amount
Sub-Consultant Total: 0
Prime Consultant Total: $36,358.00
Total for all Work 1 $361358.00
Executed by the LA: United City of Yorkville
(Municipality/township/county)
ATTEST:
By: By:
Valerie Burd
Clerk Title: Mayor
(SEAL)
Executed by the ENGINEER:
ATTEST: -- Q / SEC Group, Inc.
By: ` X ��ti Q- /7 / 1 Re.-.1� By'
Title: Office Coordinator Title: CC°C7O
L OFFICIAL SEAL
JUDITH M KOESTER
TARY PUBLIC - STATE OF ILLINOIS
y COMMISSION EXPIRES:01131/12
Page 5 of 7 BLR 05610 (Rev. 9/06)
Printed on 12/1/2008 2:00:11 PM
Exhibit A - Preliminary Engineering
Zoute: Game Farm Road - Somonauk Street
.ocal Agency: United City of Yorkville Firm's approved rates on file with IDOT'S
(Municipality/Township/County) Bureau of Accounting and Auditing:
>ection : 03-00031 -00-FP
'roject: Plan Preparation M-8003 (811 ) Overhead Rate (OH) 141 .88
lob No. : P-93-033-07 Complexity Factor (R) 0.00
Calendar Days
Aethod of Compensation:
,ost Plus Fixed Fee 1 ❑ 14.5%[DL + R(DL) + OH(DL) + IHDC)
3ost Plus Fixed Fee 2 ® 14.5%[DL + R(DL) + 1 .4(DL) + IHDC)
most Plus Fixed Fee 3 ❑ 14.5%[(2.3 + R)DL + IHDC]
Specific Rate ❑
_ump Sum ❑
Cost Estimate of Consultant's Services in Dollars
In-House
Element of Work Employee Man- Payroll Payroll Overhead* Services by Direct Costs ;31198.37 rofit Total
Classification Hours Rate Costs (DL) Others (IHDC)
Survey Plats 290 9, 119.30 12,938.46 25,256. 14
Design 78 2,692.00 3,819.40 4. 15 7,455.55
Admin - QAQC 26 11233.50 1 ,750.09 230.00 432.63 3,646.22
Totals 394 13 044.80 18 507.96 230.00 4,575. 15 36 357.91
BLR 05610 (Rev. 9/06)
Page 6 of 7
Printed on 12/1/2008 2:03:31 PM
Exhibit B
Illinois Department
V
of 'Transportation Engineering Payment Report
Prime Consultant
Name SEC Group, Inc.
Address 651 Prairie Pointe Drive, Yorkville, IL 60560
Telephone 630-553-7560
TIN Number 36-3456281
Project Information
Local Agency United City of Yorkville
Section Number 03-00031 -00-FP
Project Number M-8003 (811 )
Job Number P-93-033-07
This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for
perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below.
Sub-Consultant Name TIN Number Actual Payment
from Prime
NONE
Sub-Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
Signature and title of Prime Consultant Date
Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory
purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as
concurring with the payment amount specified above.
Page 7 of 7 BLR 05610 (Rev. 9106)
Printed on 12/1/2008 2:00:11 PM
CIr` Reviewed By: Agenda Item Number
fi� O
J � Legal ❑
EST. , 1836 Finance F-1
Engineer ■
Tracking Number
p0 1111v City Administrator ■
w J� �O Police ❑ �� t
ALE ��' Human Resources ❑
Public Works ❑
City Council Agenda Item Summary Memo
Title: Quiet Zone Engineering Contract
City Council/ Committee Agenda Date: Public Works—December 16, 2008
Synopsis: See attached memo.
Council Action Previously Taken:
Date of Action: June 2008 Action Taken; Discuss again in December
Item Number:
Type of Vote Required: Majority to proceed out of committee
Council Action Requested: Discussion and direction
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
J= o� Memorandum
To: Public Works Committee
ES 1 === 183fi From: Bart Olson, Assistant City Administrator
CC:
Date: December 11 , 2008
Subject: Quiet zone engineering services contract
CE
Background
This item was last discussed by the Public Works Committee in June 2008. At the end of the
discussion, the committee declined to take action on the item, but asked that this item be looked at again
in six months (December). I have attached the memo from the June PW packet, as well as the draft
contract that was proposed. I have spoken with Jeff Freeman of EEI, who confirmed that the same terms
of the contract would be available to us should we choose to proceed with the contract.
Changes since June 2008
The policy issue at hand is whether or not the City Council wants to set up a quiet zone along the
BNSF railroad for the intersections at Kennedy Road and Mill Road, and if so, when the process should
be started. The mitigating factors in the discussion are:
1 ) the cost of the engineering contract to begin the application is not budgeted
2) the cost, of the application is not budgeted
3) the cost of the design of the intersection improvements is not budgeted (will not be required to be
paid until one fiscal year beyond beginning of process)
4) the cost of the intersection improvements are not budgeted, but quiet zone eligible improvements
are required to be constructed at the developer' s cost when a certain number of building permits
are issued in certain neighborhoods in Grande Reserve
None of these factors have changed since June. The contract is not proposed in the revised FY 08/09
budget currently under consideration by Council. Budget discussions for FY 09/10 are just beginning,
and the contract could be requested in the FY 09/10 budget should the committee request it.
One of the residents referenced in the June 2008 memo has continued to contact staff and make
pleas that the quiet zone be implemented immediately.
CIP
Memorandum
To: Public Works Committee
esr. teas From: Bart Olson, Assistant City Administrator
CC :
p0;A 0 a p Date: June 13, 2008
Subject: Quiet zone engineering services contract
Basics
Based on train horn complaints from two residents who have contacted aldermen and
staff directly, and others who have attended HOA meetings at Grande Reserve, attached is a
proposed engineering services contract with EEI for the establishment of a "quiet zone" for the
BNSF railroad crossings at Mill Road and Kennedy Road. The contract amount would be on an
hourly basis, not to exceed $ 17,000. Jason Bauer of EEI will be attending the committee
meeting to give a presentation on how to establish a quiet zone. Jason has worked with the
Village of Sugar Grove to establish a quiet zone in their downtown area.
In short, trains on the BNSF tracks must sound their horn a certain distance ahead of and
past each at-grade highway crossing. The train horn is mandated by the Federal Railroad
Administration (FRA), and provides a very effective safety measure for motorists crossing
railroad tracks. But, this causes a considerable nuisance for any residents who live near these
intersections.
The FRA allows the establishment of quiet zones, or areas where the train horns do not
need to be sounded, provided certain safety measures are installed. The process to get these
safety measures approved by the FRA and the railroad companies takes approximately 12- 18
months. After the quiet zone is approved administratively, the approved improvements (i.e.
raised medians, four-way gates) must be installed before train conductors will stop sounding the
horns.
Policy Issue
The quiet zone crossing improvements that are to be studied in this contract will be of an
interim nature. This is because the Grande Reserve annexation agreement contains a clause, with
certain triggers, that requires the developer to install crossing improvements at Mill Road and
Kennedy Road that would meet quiet zone standards. These triggers are not likely to be met for
a few years (3+) — but when they are met, any improvements the City has constructed as a result
of this contract will be torn out. Whether the quiet zone is applied for now or when the ultimate
improvements are constructed, the City must bear the cost of applying for the quiet zone.
While this contract only covers the administrative act of applying for a quiet zone, the
committee should be aware that in the unlikely scenario that the new housing starts in Grande
Reserve pick up, the interim improvements in this contract would be considered moot, and a new
contract for the ultimate improvements would need to be entered into. In this case, the second
contract for engineering services would likely not have to include the three phases of preliminary
investigations, traffic count submittals, and coordination with governing entities.
Funding
This agreement would be billed on an hourly basis with a not to exceed amount of
$ 17,000. This agreement has not been budgeted in FY 08/09. Staff has identified the Kendall
County Paratransit line item ($ 13 ,964) in the FY 08/09 budget. It is likely that that expense will
not have to be incurred until FY 09/10 (grant was submitted by Kendall County to the federal
government last week). Any other expenses could be billed out of the contingency line item. As
this agreement will be billed on an hourly basis, some of the cost of this agreement could carry in
FY 09/10.
The cost of this agreement is only for the actual approval of the quiet zone from an
administrative standpoint. The actual cost of designing and installing the safety measures would
be above and beyond this contract, and would not have to be considered by the City until the
quiet zone is approved by the FRA (FY 09/10 or later). The construction costs of the
improvements could be anywhere from $30,000 to $150,000.
52 Wheeler Road • Sugar Grove, IL 60554
TEL: 630 / 466.9350
FAX: 630 / 466.9380
www.eeiweb.com
Engineering
Enterprises,
Inc.
June 9 , 2008
Mr. Bart Olson
Assistant City Administrator
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Professional Services for
Proposed BNSF Quiet Zone
Mill Road and Kennedy Road Crossings
United City of Yorkville, Kendall County, Illinois
Dear Bart:
Thank you for the opportunity to submit this proposal for professional engineering services for
the above referenced project.
Our proposal presents in more detail below the following items: Project Description , Scope of
Services , Fees and Conditions, Qualifications and Acceptance.
PROJECT DESCRIPTION
The United City of Yorkville, hereinafter referred to as Client, proposes to declare a new Quiet
Zone within the City along the Burlington Northern Santa Fe Railroad (BNSF) for the two at-
grade rail crossings with Mill Road and Kennedy Road . The two at-grade crossings are further
summarized as follows:
Mill Road — Crossing Inventory #079578N , BNSF Mile Post 43.77
Kennedy Road — Crossing Inventory #079579V, BNSF Mile Post 44. 52
SCOPE OF SERVICES
Our firm purposes to furnish the necessary personnel , materials, equipment and transportation
to make necessary investigations, measurements, computations and analysis to perform field
and office civil engineering services for the above referenced project, in accordance with the
Consulting Engineers Specializing in Civil Engineering and Land Surveying
Mr. Bart Olson
June 9, 2008
Page 2
detailed scope of services listed below, accepted civil engineering practices and the current
Federal Railroad Administration (FRA) guidelines for establishing Quiet Zones.
PRELIMINARY INVESTIGATIONS
Engineering Enterprises , Inc. will analyze the existing conditions at each at-grade
crossing identified in the Project Description. After the initial investigations have been
completed , the current risk index for the proposed Quiet Zone will be summarized and
the potential safety improvements , based on the existing data, will be identified .
TRAFFIC COUNT SUBMITTALS
Engineering Enterprises, Inc. will conduct traffic counts at the two crossings , and then
will provide the updated traffic counts to the Chicago Metropolitan Agency for Planning
(CMAP) and the Illinois Department of Transportation (IDOT) District 1 . Engineering
Enterprises, Inc. will coordinate with CMAP and IDOT until the FRA database has been
updated .
COORDINATION WITH GOVERNING ENTITIES
Engineering Enterprises , Inc. will coordinate the required field diagnostic meetings with
the FRA, the Illinois Commerce Commission (] CC) , the BNSF and the United City of
Yorkville. At the preliminary diagnostic meeting , the diagnostic team will make
recommendations as to the required safety improvements necessary at each crossing.
QUIET ZONE CALCULATIONS AND ANALYSIS
Based on the outcome of the preliminary diagnostic meeting , Engineering Enterprises,
Inc. will complete the required safety analysis and review the suggested supplemental
safety measures. The safety measures to be implemented will be discussed with City
representatives to determine the applicability of each safety measure and evaluate any
alternatives.
NOTICE OF INTENT
Upon approval of all traffic counts and updates to the FRA database, Engineering
Enterprises, Inc. will submit the required Notice of Intent to create a new 24-hour Quiet
Zone in accordance with the FRA guidelines.
COORDINATION OF IMPROVEMENTS
After the 60 day NO] period , Engineering Enterprises, Inc. will inform the Client as to
the necessary improvements to be completed at each crossing . If detailed construction
plans are required to facilitate the improvements at any crossing within the proposed
Quiet Zone, the necessary land surveying , design and construction engineering
Mr. Bart Olson
June 9, 2008
Page 3
services, and all coordination and permitting with the railroad will not be considered
inclusive to the fees presented in this proposal .
NOTICE OF ESTABLISHMENT
After the successful installation of the required safety improvements as required for
each crossing , Engineering Enterprises, Inc. will prepare and submit to the required
entities the Notice of Establishment for the Quiet Zone . It is anticipated that the
timeline for establishing the Quiet Zone is approximately 12 — 18 months.
The final timeframe for establishing the Quiet Zone will depend upon the requirements
set forth by the FRA for implementation . The anticipated timeline of 12 — 18 months
does not include the additional time for design and construction of the required
improvements or the BNSF general license application and approval . Additionally,
delays by State or Federal agencies can adversely affect the timeline during the
process.
At this time , it is not anticipated that the BNSF will required the City to obtain legal
easements for any of the included at-grade crossings. In the event that easement
documents are to be prepared , all of the associated tasks will be performed at an hourly
rate for the various classifications of employees who will perform the work as listed on
the attached Standard Schedule of Charges dated January 1 , 2008 , or in accordance
with a separate proposal .
MEETINGS
Engineering Enterprises, Inc. will attend meetings as required with the City, FRA, ICC
and BNSF. In addition to the diagnostic meeting , Engineering Enterprises, Inc. will
attend other meetings per the direction of the City, including Council Meetings as
necessary. Engineering Enterprises, Inc. will prepare agendas and will distribute
minutes for all attended meetings.
EXCLUSIONS
As previously summarized , this proposal shall cover the costs associated with
implementing the Quiet Zone for the at-grade crossings previously discussed with the
City and listed in this proposal. This proposal does not include the preparation of any
construction documents or design engineering.
FEES AND CONDITIONS
The proposed method of payment for the required professional services is an Hourly (HR)
Basis for the various classifications of employees who will perform the work as listed on the
Standard Schedule of Charges dated January 1 , 2008 . Based on the above described scope
Mr. Bart Olson
June 9, 2008
Page 4
of services, we estimate our fees to be approximately $17,000. We have prepared and
attached a Summary of Estimated Level of Effort which summarizes our fee calculation .
Payment for all work will be based on invoices submitted periodically by our firm , but not more
frequently than monthly as the work progresses. Invoices will be payable by the Client within
90 days of the date of the invoice . In the event that payment is not made by the Client within
90 days, interest will be charged at the rate of 1 . 5 percent per month on the unpaid balance.
This proposal shall be in effect for a period of thirty (30) days from the date of this proposal. If
this proposal is not accepted within that period of time, our firm reserves the right to withdraw
or revise this proposal .
Additional assignments not described above (including detailed construction documents for
improvements at each crossing) will be performed at an hourly rate for the various
classifications of employees who will perform the work as listed on the attached Standard
Schedule of Charges dated January 1 , 2008 , or in accordance with a separate proposal.
The hourly fees are based on the premise that we will be able to utilize existing CAD and GIS
base information to develop exhibits for each crossing . If Engineering Enterprises, Inc. is
required to conduct field surveys to obtain the base information , this additional work will be
performed at the hourly rate for the various classifications of employees who will perform the
work as summarized on the Standard Schedule of Charges .
QUALIFICATIONS
Engineering Enterprises, Inc. is actively engaged in the planning, design and construction of
both public and private improvement projects requiring civil engineering and land surveying
services in Northern , Illinois . Our staff has the experience, enthusiasm and commitment to
provide the required services in a reliable, timely and cost effective manner.
Engineering Enterprises, Inc. has performed similar work in the past, including the
coordination for the ongoing Quiet Zone establishment along the BNSF railroad in the area .
Engineering Enterprises , Inc. also has a good working relationship with the United City of
Yorkville public officials and staff, and we continue to work on a number of infrastructure
projects for the City.
While various members of our firm will perform the work on this project, the principal contact
person with our firm will be Jason Bauer, P. E. , Project Manager.
ACCEPTANCE
We will give our full attention to the project so that it may be constructed as soon as
practicable, consistent with performance of our services , and other considerations .
Mr. Bart Olson
June 9 , 2008
Page 5
If the Project Description , Scope of Services, and Fees and Conditions, as cited above are
satisfactory, please indicate your acceptance by signing both of the enclosed proposals and
returning one of them to us for our records.
We welcome the opportunity to submit this proposal for professional services to you for your
consideration . We look forward to working with and for you on this exciting project.
Respectfully submitted ,
ENGINEERING ENTERPRISES , INC .
Jason M . Bauer, P . E.
Project Manager
Jeffrey W. Freeman , P . E . , CFM
Vice President
JWF/jmb/arf
pc: Mayor Valerie Burd
Mr. Brendan McLaughlin — City Administrator
Mr. Travis Miller — Community Development Director
Mr. Eric Dhuse — Director of Public Works
Mr. Joe Wywrot, P . E . — City Engineer
Ms. Susan Mika — Finance Director
JKM , PGW, TWT , WED, RGN , JLB , DMT — EEI
Mr. Bart Olson
June 9, 2008
Page 6
AGREEMENT
All terms and conditions to this Agreement for Professional Services
Accepted this day of 12008 .
By
Mayor
By
City Clerk
United City of Yorkville
Organization
800 Game Farm Road
Address
Yorkville IL 60560
City State Zip
Accepted this �Zt day of JZ/A/E , 2008.
By I9 ¢i( Yr (A) '
Vice President
By
Secretary
Engineering Enterprises, Inc.
Organization
52 Wheeler Road (corporate sea[)
Address
Sugar Grove IL 60554
City State Zip
\\Phobos\EEI_Storage\Docs\Public\Yorkville\2008\YO0813 Quiet Zone Planning\Contract\Proposal.doc
ENGINEERING ENTERPRISES, INC. SUMMARY OF ESTIMATED LEVEL OF EFFORT DATE: 6/9/2008
CONSULTING ENGINEERS PRELIMINARY ENGINEERING SERVICES ENTERED BY JWF/JMB
SUGAR GROVE, IL.
PROPOSED BNSF QUIET ZONE - MILL ROAD AND KENNEDY ROAD CROSSINGS
UNITED CITY OF YORKVILLE, KENDALL CO., IL
' >�, AOMRk WORK
tTeM
., , ., ? �` �'RA1E51'f k!i'P7ECi r �• `iT 'PST, "8£N10R ' 'PRf1YECT
NO, 1'tEAt. " 1` MANR$ER SNGfll76 " . , ; , .'tEF hJkL' R R e '1'ECRN:. vrw
i Kick-Off Meeting / Gather Preliminary Data 2 4 4 1 11 $1386
2 Pretiminary Site Visit Gather Site Data 4 4 8 $984
3 Conduct Traffic Counts 4 12 16 $1848
4 Process and Submit Traffic Data 4 12 1 17 $1,926
5 lCoordinatton with FRA, BSNF ICC, CMAP and IDOT 16 2 1 19 $2,502
6 Progress meeting with C ty Staff 2 1 4 4 1 1 11 $1 386
7 Exhibit Preparation 4 4 2 12 22 $2556
8 Quiet Zone Risk Index Calculations and Analysis 4 8 12 $1416
9 Process Notice of Intent 4 6 1 11 $1 278
10 Process Notice of Establishment 2 2 6 1 11 $1,326
MAN-HOUR TOTAL: 6 0 50 0 62 2 12 0 0 0 0 p6 138 $16,608
Senior Principal Engineer E4 " hours $171 perhour = $0
Principal En ineer E-3 6 hours Cp $162 car hour = $972 Prato $250
Senior Proect Manager E-2 hours 2 $150 per hour = $0 Supplies & Misc.
Protect Manager/CAD Mana er E-1 52 hours $138 per hour = $7,176 Computer
Senior Proect En ineer/Planner/Surve or 11 P6 hours $126 per hour = $0 Trans odation
Senior Proect En ineer/Surve or 1 P-5 hours A $117 per hour = $0
Project Engineer/Planner/Surveyor P4 62 hours a $108 perhour = $6,696
Senior Engineer/Planner/Surveyor P-3 hours @ $99 perhour = $0 DIRECT EXPENSES = $260
Engineer/Planner/Surveyor P4 hours a $90 perhour = $0
Associate Engineer/Planner/Surveyor P-1 hours @ $81 perhour = $0 _ Ili LAHORCOSTS _
Senior Project Technician ll T-6 hours 0 $117 Per hour = $0 Engineering Expenses = $14568
Senior Proect Technician l T-5 12 hours 0 $108 per hour = $1296 Drafting Expenses = $15]2
Project Technician T4 hours $99 per hour = $0 Surveying Ex enses = $0
Senior Technician T-3 hours $90 per hour = $0 Administrative Expenses = $468
Technician T-2 hours $81 perhour = $0
Associate Technician T-1 hours @ $72 perhour = $0 TOTAL LABOR EXPENSES = $16,608
Administrative Assistant A-3 6 hours $78 per hour = $468
HOURLYTOTAL= 138 1 TOTAL EEI LABOR = $16608 TOTAL CONTRACT COSTS = $16,858
52 Wheeler Road • Sugar Grove, IL 60554
TEL: 630 / 466.9350
FAX: 630 / 466.9380
STANDARD SCHEDULE OF CHARGES www•eeiweb.com
Engineering
January 1 , 2008
Enterprises,
Inc.
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $ 171 .00
Principal E-3 $ 162.00
Senior Project Manager E-2 $150.00
Project Manager E-1 $ 138.00
Senior Project Engineer/Planner/Surveyor II P-6 $ 126.00
Senior Project Engineer/Planner/Surveyor I P-5 $117.00
Project Engineer/Planner/Surveyor P-4 $108.00
Senior Engineer/Planner/Surveyor P-3 $ 99.00
Engineer/Planner/Surveyor P-2 $ 90.00
Associate Engineer/Planner/Surveyor P-1 $ 81 .00
Senior Project Technician II T-6 $ 117.00
Senior Project Technician I T-5 $108.00
Project Technician T-4 $ 99.00
Senior Technician T-3 $ 90.00
Technician T-2 $ 81 .00
Associate Technician T-1 $ 72.00
Administrative Assistant A-3 $ 78.00
CREW RATES, VEHICLES AND REPROGRAPHICS
1 Man Field Crew with Standard Survey Equipment $129.00
2 Man Field Crew with Standard Survey Equipment $201 .00
1 Man Field Crew with RTS or GPS * $159.00
2 Man Field Crew with RTS or GPS * $231 .00
Vehicle for Construction Observation $ 15.00
In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White)
$1 . 00 1Sq . Ft. (Color)
'RTS = Robotic Total Station / GPS = Global Positioning System
G:',EERDocs' Forms'Genei'ahSSC-Sld Schedule of Chargcs%STADS0108_DOC
Consulting Engineers Specializing in Civil Engineering and Land Surveying
0 Co- Reviewed By: Agenda Item Number
J� R 6 Legal ❑ ; , i
EST. 1836 Finance ❑ N
O [ ` Engineer P•
Tracking Number
< City Administrator ❑
OA � n O Consultant ❑ W NtV_1 _ 109.1
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Agenda Item Summary Memo
Title: In-Town Road Program(Future Phases) -Update
Meeting and Date• December 16, 2008 Public Works Committee
Synopsis: Discussion of scope of work and funding for potential future phases of the
In-Town Road Program.
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 0 Memorandum
EST. , _ 1636 To: Brendan McLaughlin, City dm' istr toy=
�9 ICI y From: Joe Wywrot, City Engineer
p CC: Lisa Pickering,Deputy City , rk
LE ��' Eric Dhuse, Director of Public Works
Sue Mika, Finance Director
Date: December 12, 2008
Subject: In-Town Road Program(Future Phases) - Update
Joe Besco requested that this item be brought back to the Public Works Committee for
discussion. Attached find the most recent correspondence regarding this subject. A few updates
to my Oct. 3, 2007 memo are:
• McHugh Road was rehabilitated in 2008.
• East and West Kendall Drive are currently listed in our Capital Improvement Program for
rehabilitation in 2012 and 2013.
• McHugh Road and East/West Kendall Drive were not shown on the map of potential
Phase 3 streets, and were not included in the preliminary cost estimate for Phase 3 streets.
• Worsley Lane was re-paved in 2007 as part of the Gawne Lane watermain project. While
the condition of this road is much improved, I recommend that for now we keep it on the
list of potential streets.
• The attached spreadsheet divides the suggested streets into three separate projects (Phases
3-5), using the Fox River and Route 47 as project boundaries.
Please place this item on the December 16, 2008 Public Works Committee agenda for
discussion.
® United City of Yorkville Memo
800 Game Farm Road
EST. , x_:.. 1836 Yorkville, Illinois 60560
Telephone: 630-553-8545
9
� �® n p Fax: 630-553-3436
<LE
Date: October 3, 2007
To: Brendan McLaughlin, City Administrator
From: Joe Wywrot, City Engineer
CC: Eric Dhuse, Director of Public Works
Sue Mika, Finance Director
Lisa Pickering, Deputy City Clerk
Subject: In-Town Road Program — Future Phases
Attached find a list of suggest streets for potential future phases of the In-Town Road
Program. This list was reviewed at the Public Works Committee meeting on October 2°d
and was forwarded to the October 961 Committee of the Whole meeting for discussion
regarding whether we should proceed with additional phases, the scope of the project,
and funding sources.
Of the streets listed, a few require additional comments:
• Tower Lane - I recommend that the city assume ownership of this private
driveway and reconstruct it to city standards.
• Gawne Lane — E. Main Street to city limits. I recommend that the city assume
ownership of this private road and reconstruct it to city standards. We should also
consider extending it to Bruell Street someday to eliminate the dead-end
condition.
• Ridge Street, Jefferson Street, and Madison Street, all east of S. Main Street — We
should consider reconstructing these streets in a way that compliments the historic
courthouse.
• Mill Street — Washington to Rt. 126. This project should include a re-alignment at
Rt. 126 to match Colonial Parkway.
• McHugh Road — I recommend that this road be constructed as a separate project
in 2008.
• East & West Kendall Drive — This road is scheduled for rehabilitation in 2011 and
2012 as two separate projects.
A rough cost estimate to reconstruct these streets is in excess of six million dollars.
Please place this item on the Committee of the Whole agenda of October 9, 2007 for
discussion.
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Legend h,
In Town Road Prp9ram
In Town Road Program 1 °ao 4,1 ,ttf;W.,y Klyrn,dI5, AA
— Phase i,2045
_ July 31, 2007 r aM. brG n, em!hase2,2007
31 -Aug-07
Preliminary Cost Estimate
In-Town Road Program - Phase 3+
Utility Utility Roadway Roadway Construction Design Construction Total Total
Item Quantity Unit Unit Price Cost Unit Price Cost Cost Engineering Engineering Engineering Cost
1 W .Spring (47-Church) 400 LF $105 $422000 $145 $582000 $100,000 $8,000 $102000 $18,000 $160,000
2 Church (Somonauk - River) 1350 LF $105 $141 ,750 $145 $195,750 $3379500 $27,000 $33,750 $603750 $540,000
3 River (47-King) 800 LF $105 $843000 $145 $1163000 $200,000 $169000 $20,000 $36,000 $320,000
4 Tower Lane 400 LF $105 $42,000 $145 $58,000 $100,000 $8,000 $10,000 $189000 $160,000
5 Worsley Lane 650 LF $105 $68,250 $145 $942250 $162,500 $13,000 $16,250 $29,250 $260,000
6 Gawne Lane 650 LF $105 $68,250 $145 $945250 $162,500 $13,000 $16,250 $29,250 $260,000 $1 ,700,000.00 Phase 3 total
7 Hydraulic (west of Morgan) 650 LF $105 $68,250 $145 $94,250 $1623500 $13,000 $16,250 $29,250 $260,000
8 Madison (west of Morgan) 400 LF $105 $42,000 $145 $582000 $100,000 $8,000 $10,000 $18,000 $1602000
9 Madison Ct. 200 LF $105 $21 ,000 $145 $29,000 $50,000 $4,000 $5,000 $92000 $80,000
10 Ridge (S.Main west to dead end) 1400 LF $105 $147,000 $145 $2035000 $350,000 $28,000 $359000 $63,000 $560,000
11 Ridge, Jefferson, Madison @ courthouse 800 LF $105 $84,000 $300 $240,000 $324,000 $32,400 $20,000 $52,400 $460,400
12 S.Main (Madison - Fox) 600 LF $105 $63,000 $145 $87,000 $150,000 $12,000 $15,000 $27,000 $2405000
13 W . Washington (47-Morgan) 1300 LF $105 $136,500 $145 $188,500 $325,000 $26,000 $32,500 $58,500 $520,000
14 Orange (S. Main - Adrian) 700 LF $105 $73,500 $145 $1015500 $175,000 $14,000 $17,500 $31 ,500 $2802000
15 Morgan (Fox - Dolph) 1000 LF $105 $1053000 $145 $145,000 $250,000 $20,000 $25,000 $45,000 $400,000 $2,960,400.00 Phase 4 total
16 E. Ridge (Mill to dead end) 600 LF $105 $63,000 $145 $872000 $1502000 $12,000 $15,000 $27,000 $240,000
17 Fox (Mill - Bell) 800 LF $105 $842000 $145 $116,000 $200,000 $16,000 $20,000 $365000 $320,000
18 Bell Street 250 LF $105 $26,250 $145 $36,250 $62,500 $59000 $65250 $11 ,250 $100,000
19 Heustis (Fox - Orange) 750 LF $105 $78,750 $145 $108,750 $187,500 $155000 $18,750 $33,750 $3002000
20 E. Washington (Mill - Heustis) 300 LF $105 $31 ,500 $145 $43,500 $75,000 $6,000 $72500 $13,500 $120,000
21 Mill (Washington - Rt. 126) 1850 LF $105 $194,250 $145 $2682250 $4625500 $37,000 $46,250 $83,250 $740,000 $1 ,820,000.00 Phase 5 total
Totals 15850 LF $12664,250 $42086,500 $333,400 $396,250 $729,650 $6,480,400 $6,480,400.00