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Public Works Packet 2013 09-17-13 Co.o United City of Yorkville '" 800 Game Farm Road EST. _ 1835 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 O L Fax: 630-553-7575 �C E AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, September 17, 2013 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: August 20, 2013 New Business: 1. PW 2013-39 Water Department Reports for May, June, & July 2013 2. PW 2013-40 Safe Routes to School Authorization of Contract Changes 3. PW 2013-41 River Road Bridge Authorization of Contract Changes 4. PW 2013-42 RFP for Tree Removal 5. PW 2013-43 Caledonia Letter of Credit Call 6. PW 2013-44 Road to Better Roads Update 7. PW 2013-45 Game Farm Road Project Update Old Business: 1. PW 2013-22 Sunflower Estates Drainage Additional Business: 2013/2014 City Council Goals—Public Works Committee Goal Priority Staff "Road improvement maintenance program" 2 Eric Dhuse "Capital Improvement Planning(River Road Bridge in 2013)" 6 Rob Fredrickson,Eric Muse,Bart Olson "Sidewalk improvement maintenance program" 8.5 Eric Dhuse UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, September 17, 2013 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. August 20, 2013 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2013-39 Water Department Reports for May, June, & July 2013 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2013-40 Safe Routes to School Authorization of Contract Changes ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2013-41 River Road Bridge Authorization of Contract Changes ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2013-42 RFP for Tree Removal ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2013-43 Caledonia Letter of Credit Call ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2013-44 Road to Better Roads Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2013-45 Game Farm Road Project Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2013-22 Sunflower Estates Drainage ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 0 CIP Reviewed By: Agenda Item Number d J $ •n Legal ❑❑ Minutes Finance ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources E]� wn sw �© Community Development ❑ Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the Public Works Committee—August 20, 2013 Meeting and Date: Public Works— September 17, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday,August 20, 2013, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road In Attendance: Committee Members Chairman Diane Teeling Alderman Jackie Milschewski Alderman Larry Kot Alderman Ken Koch Other City Officials City Administrator Bart Olson Alderman Carlo Colosimo Public Works Director Eric Dhuse Engineer Brad Sanderson Administrative Intern Jeff Weckbach Other Guests: Tony Scott,Kendall County Record The meeting was called to order at 6:04pm by Chairman Diane Teeling. Old Business (moved forward on agenda) 1. PW 2013-22 Sunflower Estates Drainage Chairman Teeling asked to move Old Business item PW2013-22 Sunflower Estates Drainage, to the beginning of this meeting. Mr. Olson recapped the discussion from last meeting and said it had been decided to move forward with this drainage project. Two ideas are being considered: a temporary fix using a diversion path and second, to proceed with a design for a permanent fix, to be bid out to determine the cost. Mr. Sanderson said he and Mr. Olson had visited the site and are aware of the need to work with the property owners on either side of Walsh Dr. He has sent a letter requesting a meeting. An easement will be necessary to help solve the issue. Alderman Colosimo said he had received many calls connecting the flood issues with pond issues. (As a side note, he said one homeowner on Walsh has now been cancelled by their insurance company due to the flooding severity). He said the two issues have nothing to do with one another and the pond issue is being remedied separately. These callers will bring their concerns to the next Council meeting. Alderman Koch said a statement should be made at that meeting noting the issues are separate. Mr. Olson said there may be some confusion about paying for the two problems. It was also noted by Alderman Colosimo that 100% of the callers desire naturalization of the ponds as opposed to dredging. Page 1 of 3 The budget numbers previously discussed for funding this project were brought up by Alderman Kot and he said he is in favor of getting this project started. Alderman Koch added that the State Street problem area needs to be fixed as well. The funding will be available according to Mr. Olson. Mr. Dhuse said he walked in the area of the Sunflower water flow to better assess the situation and Alderman Colosimo also asked to schedule a time to walk that area. Alderman Koch said he has observed Fermi Lab's drainage to assess their methods and compare with the City problem area. In summary, the temporary fix and the permanent fix will both be implemented. Citizen Comments: None Previous Meeting Minutes July 16, 2013 The minutes were approved as presented. New Business 1. PW 2013-36 Kendall Marketplace Infrastructure Mr. Sanderson reported as follows. Two different funds are being used to complete the Marketplace improvements. One fund is for public improvements for Rt. 47 & Cannonball, right of way purchase, lane acquisition, etc. Some punchlist items have been completed, however, estimates will be solicited from Geneva Construction to finish the road work. Ms. Milschewski asked if the City would obtain estimates before proceeding, which the City will do. Mr. Olson said if Geneva Construction completes the work, it would be in a no-bid contract and additionally it would be efficient to have them do the work. Mr. Sanderson said it can also be considered a change order. There are adequate funds and it would require a super-majority vote of the Council according to Administrator Olson. If quotes can be obtained in time, this matter will move to the next Council meeting on the regular agenda. The second fund is for private improvements for unfinished punchlist items when the development went bankrupt. One of the identified items is pond work. A ballpark is also planned in the area and sodding is needed. All details are outlined in a packet memo. Alderman Koch asked about the funding for the private work. The funds are from various sources including a letter of credit being called, incentive mechanisms and bonds being sold. Mr. Olson added that the more issues resolved now, the easier it will be for the next developer of the Marketplace. As a related issue,Alderman Kot asked about the center lane for Isabell Drive that goes nowhere and causes traffic confusion. That is an item to be resolved on the punchlist. 2. PW 2013-37 Kane/Kendall Council of Mayors (KKCOM)Project Selection Mr. Sanderson reported on this item. This Mayors Council distributes the federal funds in the Chicago area for certain projects. The list of projects is being depleted so new ones must be identified to use the funding and applications are due at the end of this month. Staff reviewed the options and listed qualifying eligible streets that must be a"federal-aid route", but only a few actually qualified. Mill St. (near Circle Center School)was identified as being likely to receive funding, however,Yorkville must also compete with the other towns. He recommended submitting this as a project and if selected, the City would receive approximately 75% funding. Traffic counts enhance recommendations and in this case, the proximity to the school will be helpful. An October decision is expected, however, actual work would not occur until 2014 or 2015. The grant application will be pursued and this will move to the Council consent agenda. Page 2 of 3 3. PW 2013-38 2013 Road to Better Roads Program a. Contract Award for MFT Work b. Contract Award for Non-MFT Work Engineer Sanderson said bids will be opened on August 26th for both contracts and a packet will be prepared for the next Council meeting. Additional Business: Several matters relating to the Rt. 47 road project were discussed.... Alderman Kot questioned when Van Emmon St. would be opened saying that he has observed a-turns and major backups. It was to have been opened today, however it did not. Mr. Koch added that this matter had been addressed at Plan Commission as well and they questioned why the traffic light was even working during the closure period. Eric Dhuse assured the committee that it would be open very shortly since Fox Road will soon be closed for storm sewer work with Van Emmon as the alternate route. A larger"no turn" sign would be appropriate for River Road according to Mr. Kot, since the current one is not very visible. Mr. Kot said crosswalk signs have been removed, but pedestrians still need to cross the road. Mr. Dhuse said they were requested to be installed again. Alderman Kot said he "insisted"they be put back so that kids can cross safely. Alderman Milschewski asked about the purpose of the cameras recently placed at Fox Road (and also at Van Emmon). These were placed to monitor speeding according to Mr. Dhuse. Chairman Teeling asked to place an item on a future Public Works meeting regarding saplings available through the State. She said that grants may be available for these trees, but the trees would need to be placed in nurseries first to insure survival. She said many parkway trees need to be replaced,which is the City's responsibility. Alderman Koch said that in the past, the Park District had been able to procure surplus trees from a nursery. Ms. Teeling said an Oswegoland Park District employee said they had been able to get 1,000 trees from the State. Yorkville Schools had been able to obtain trees last year in a similar manner according to Alderman Milschewski. In other matters.... Alderman Koch said a speed limit sign in Sunflower had been spray painted and needs to be replaced/repaired. The State St. drainage problem was also brought up by Alderman Kot and he asked if funding had been found. He wants to insure that the repair work moves forward. Engineer Sanderson said he is gathering information for the next Public Works meeting. Ms. Teeling inquired if the Bristol Bay parking signs had been changed. Mr. Dhuse said they were ordered, however, the company could not provide a time frame. Mr. Dhuse said they will be replaced as soon as they come in. There was no further business and the meeting was adjourned at 6:47pm. Minutes respectfully transcribed by Marlys Young Page 3 of 3 Reviewed By: Agenda Item Number 0 Legal ❑ NB #1 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ❑ Tracking Number Human Resources ❑ Community Development ❑❑ PW 2013-39 Police ALE � Public Works 0 Parks and Recreation ❑ Agenda Item Summary Memo Title: Water Department Reports for May, June, & July 2013 Meeting and Date: City Council — September 17, 2013 Synopsis: Monthly water reports that are submitted to the IEPA. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: i United City of Yorkville Z IASI WATER DEPARTMENT REPORT E y=� MAY 2013 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH 'S PUMPAGE FEET FEET FEET GALLONS 3 1335 510 120 225,000 4 1393 542 480 24,472,000 7 1527 1125 430 71581, 000 8 1384 840 360 12,052,000 9 1368 861 463 11,044,000 TOTAL TREATED 50,962,000 CURRENT MONTH'S PUMPAGE IS 19, 527,000 GALLONS 17101'2 THAN LAST MONTH 7,996,000 GALLONS 111002 THAN LAST YEAR i DAILY AVERAGE PUMPED : 1 , 643 ,935 GALLONS DAILY MAXIMUM PUMPED : 2,771 ,000 GALLONS DAILY AVERAGE PER CAPITA USE : 96 . 70 GALLONS WATER TREATMENT: i CHLORINE : 1 , 246 LBS . FED CALCULATED CONCENTRATION : 3 .0 MG/ L FLUORIDE : 418 LBS , FED CALCULATED CONCENTRATION : 40 MG/L POLYPHOSPHATE : 1, 129 LBS . FED CALCULATED CONCENTRATION : 140 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY : 23 SATISFACTORY _0_ UNSATISFACTORY ( EXPLAIN ) FLUORIDE . 3 SAMPLE(S) TAKEN CONCENTRATION : 1 . 0 MG/L MAINTENANCE : i NUMBER OF METERS REPLACED : 2 NUMBER OF LEAKS OR BREAKS REPAIRED : _0_ MXU'S : _1_ BATTERIES REPLACED : 0 I NEW CUSTOMERS. RESIDENTIAL : 14 COMMERCIAL : 0 INDUSTRIAL/GOVERNMENTAL : _0 COMMENTS: I i {�o "TJ, United City of Yorkville M.. lam WATER DEPARTMENT REPORT 09 rr �y o �e;u��e JUNE 2013 MONTH / YEAR WELLS I i NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 510 120 534,000 4 1393 542 480 21, 247,000 7 1527 1125 430 6, 989, 000 8 1384 840 360 12,013,000 9 1368 861 463 11,860, 000 i TOTAL TREATED 47, 942,000 CURRENT MONTH 'S PUMPAGE IS 3,020 ,000 GALLONS less THAN LAST MONTH 25 ,473 ,000 GALLONS less THAN LAST YEAR DAILY AVERAGE PUMPED : 11598 ,066 GALLONS DAILY MAXIMUM PUMPED : 2 ,060,000 GALLONS DAILY AVERAGE PER CAPITA USE : 94 . 00 GALLONS WATER TREATMENT: j CHLORINE : 1 , 203 LBS , FED CALCULATED CONCENTRATION : 10 MG/L FLUORIDE : 434 LBS . FED CALCULATED CONCENTRATION : 925 MG/ L POLYPHOSPHATE : 1 , 062 LBS , FED CALCULATED CONCENTRATION : 140 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY : 23 SATISFACTORY _0_ UNSATISFACTORY (EXPLAIN) i FLUORIDE : 3 SAMPLE(S) TAKEN CONCENTRATION : 1 . 0 MG/L MAINTENANCE : NUMBER OF METERS REPLACED : 4 NUMBER OF LEAKS OR BREAKS REPAIRED : —1_ MXU'S : 19 BATTERIES REPLACED : 0 — — i i NEW CUSTOMERS : RESIDENTIAL : 5 COMMERCIAL : 0 INDUSTRIAL/GOVERNMENTAL : _0 COMMENTS: Water main break: 400 Adrian Dr. Water lost about 1 . 0 MG i Cl o United City of Yorkville ism WATER DEPARTMENT REPORT 09 ia� oN <LE , JULY 2013 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH 'S PUMPAGE j FEET FEET FEET GALLONS 3 1335 510 125 861 ,000 4 1393 542 500 24, 347,000 7 1527 1125 430 81133,000 8 1384 840 371 14, 140, 000 9 1368 861 460 13,640,000 TOTAL TREATED 56,361 , 000 CURRENT MONTH 'S PUMPAGE IS 8, 419,000 GALLONS more THAN LAST MONTH 12, 161, 000 GALLONS less THAN LAST YEAR DAILY AVERAGE PUMPED : 1,818, 096 GALLONS DAILY MAXIMUM PUMPED : 2 ,400,000 GALLONS i DAILY AVERAGE PER CAPITA USE : 141 GALLONS j WATER TREATMENT: CHLORINE : 1411 LBS . FED CALCULATED CONCENTRATION : _ 10 MG/L FLUORIDE : 526 LBS . FED CALCULATED CONCENTRATION : 39 MG/L POLYPHOSPHATE : 1274 LBS , FED CALCULATED CONCENTRATION : 97 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY : 23 SATISFACTORY _0_ UNSATISFACTORY ( EXPLAIN ) FLOURIDE : 3 SAMPLE(S) TAKEN CONCENTRATION : 1 . 0 MG/L MAINTENANCE : NUMBER OF METERS REPLACED : 1 NUMBER OF LEAKS OR BREAKS REPAIRED : 1 MXU'S : 0 NEW CUSTOMERS: RESIDENTIAL: 9 COMMERCIAL : 0 INDUSTRIAL/GOVERNMENTAL : _0 COMMENTS: Main break: 400 Adrian lost 300k per day since 6/ 10/ 13 . Repaired 7/ 18/ 13 A. D CO. Reviewed By: Agenda Item Number ZO 0�1% Legal ❑ NB #2 Finance ❑ EST. 1836 Engineer ■J City Administrator L° Tracking Number d �I Human Resources ❑ 'f► �Q Community Development ❑ PW 2013-40 '+ Police F-1 CLE ti�'� Public Works ❑ Agenda Item Summary Memo Title: Safe Routes to School Authorization of Contract Changes Meeting and Date: pW Committee—September 17, 2013 Synopsis: Authorization Approval Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. _ 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: August 28, 2013 Subject: Safe Routes to School—Authorization 1 The purpose of this memo is to present Authorization 1 for the above referenced project. An authorization, as defined by IDOT, is the written approval of a contract change and the written directive to the contractor to perform said work. By this definition, it alters the contract work from that awarded under the competitive bidding process. An Authorization of Contract Changes signed by the Regional Engineer signifies completed review of and support for the change proposed. Background: The State of Illinois and Alliance Contractors, Inc. entered into an agreement for a contract value of $256,505.72 for the above referenced project. Construction began on April 15, 2013 and is complete. The construction costs are being funded by 100 percent Federal participation up to the maximum federal participation amount. The maximum federal participation amount is $280,000.00, inclusive of all change orders (authorizations) and construction engineering associated with this contract. The construction amount indicated in the Local Agency Agreement for Federal Participation was $243,490.00. Questions Presented: Should the City approve Authorization No. 1 in the amount of-$24,508.70? Discussion: Authorization No. 1 is a balancing authorization to balance all of the awarded contract values up or down to the final construction values. Authorization No. 1 has a value of-$24,508.70. The net change to date of total authorizations is -$24,508.70, which is a 9.55% decrease to the original contract value; a revised contract value to date of$231,997.02. The City's responsibility does not change. We are projecting that there will be approximately $10-12,000 remaining after construction and construction engineering is finalized. At this point, it would be difficult to have the contractor re-mobilize (additional costs) and to complete any additional work since it would be a small amount. We are recommending approval of the Authorization. Action Required: Consideration of approval from the City Council for Authorization 1. Illinois Department Authorization No. 1 Authorization of of Transportation Sheet 1 of 4 Contract Changes Date: 08/15/2013 F-/1 Contract Adjustment W FHWA-Exempt County: Kendall ❑ Change Order ❑ Non-Exempt Section: 10-00040-00-SW (Yorkville) 0 Consultant [I Major Change Route Various d❑ Minor Change District: 03 ❑ InHouse Contract: 87459 Job No.: C4006909 Consultant's Name: Engineering Enterprises, Inc. Project No.: SRTS-4009(232) Contractor: Alliance Contractors, Inc. Address: 1166 Lake Avenue Woodstock IL 60098- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. "Item No. * !Cat .Pay Item jUnit i Quantityl Unit Price A/D Addition Deduction -- FAS ID: LU20K01 CCS Code 093002 20101200 01 TREE ROOT PRUNING EACH 1.000 200.0000 A $200.00 $0.00 20200100 01 EARTH EXCAVATION CU YD 214.000 35.0000 D $0.00 $7,490.00 21101615 01 TOPSOIL F&P 4 SQ YD 3,454.000 1.0000 D $0.00 $3,454.00 21400100 01 GRADING&SHAP DITCH FOOT 433.000 4.2000 D $0.00 $1,818.60 25000100 01 SEEDING CL 1 ACRE 0.700 6,000.0000 D $0.00 $4,200.00 25000400 01 NITROGEN FERT NUTR POUND 62.000 2.0000 D $0.00 $124.00 25000500 01 PHOSPHORUS FERT NUTR POUND 62.000 2.0000 D $0.00 $124.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Various Roads,Yorkville, IL and Reason: -. Balancing authorization to adjust quantities based on Ann L.Schneider,Secretary Date measurements in the field. Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Michael A.Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Bart Olson Supervisor Date Date Engineer of Construction Resident: Herb Jung Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: U Yes D No FHWA Participation: ❑ Yes No FHWA Representative Date Print Date: 08/15/2013 BC 22 (Rev. 01/13) Illinois Department Authorization No. 1 Authorization of of Transportation Sheet 2 of 4 Contract Changes Date: 08/15/2013 i&� Contract Adjustment 0 FHWA-Exempt County: Kendall ❑ Change Order ❑ Non-Exempt Section: 10-00040-00-SW(Yorkville) 0 Consultant ❑ Major Change Route Various d❑ InHouse Minor Change District: 03 ,❑ Contract: 87459 Job No.: C4006909 Consultant's Name: Engineering Enterprises, Inc. Project No.: SRTS-4009(232) Contractor: Alliance Contractors, Inc. Address: 1166 Lake Avenue Woodstock IL 60098- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. I ICat JPay Item Unit Quantity Unit Pricel.A/D i Addition Deduction 25000600 01 POTASSIUM FERT NUTR POUND 62.000 2.0000 D $0.00 $124.00 25100125 01 MULCH METHOD 3 ACRE 0.700 3,300.0000 D $0.00 $2,310.00 35101400 01 AGO BASE CSE B TON 257.000 0.0100 D $0.00 $2.57 40200800 01 AGG SURF CSE B TON 3.000 0.0100 D $0.00 $0.03 42300200 01 PCC DRIVEWAY PAVT 6 SQ YD 45.000 59.6500 A $2,684.25 $0.00 42400200 01 PC CONC SIDEWALK 5 SQ FT 1,420.000 6.1500 D $0.00 $8,733.00 42400300 01 PC CONC SIDEWALK 6 SQ FT 58.000 6.6000 D $0.00 $382.80 42400800 01 DETECTABLE WARNINGS SQ FT 71.000 10.0000 D $0.00 $710.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Various Roads,Yorkville, IL and Reason: Balancing authorization to adjust quantities based on Ann L.Schneider,Secretary Date measurements in the field. Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Bart Olson Supervisor Date Date Engineer of Construction Resident: Herb Jung Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: ❑ yes No FHWA Participation: ❑ yes ❑ No FHWA Representative Date Print Date: 08/15/2013 BC 22 (Rev. 01/13) Illinois Department Authorization No. 1 Authorization of of Transportation Sheet 3 of 4 Contract Changes _ Date: 08/15/2013 W Contract Adjustment �/❑ FHWA-Exempt County: Kendall ❑ Change Order ❑ Non-Exempt Section: 10-00040-00-SW (Yorkville) ❑�/ Consultant ❑ Major Change Route Various ons ❑ I onsu t ❑� Minor Change District: 03 Contract: 87459 Job No.: C4006909 Consultant's Name: Engineering Enterprises, Inc. Project No.: SRTS-4009(232) Contractor: Alliance Contractors, Inc. Address: 1166 Lake Avenue Woodstock IL 60098- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. `Item No. * Cat Pay Item Unit Quantityl Unit Price__ Additionj Deduction 44000200 01 DRIVE PAVEMENT REM SQ YD 15.000 15.0000 D $0.00 $225.00 44000500 01 COMB CURB GUTTER REM FOOT 1.000 15.0000 A $15.00 $0.00 44000600 01 SIDEWALK REM SQ FT 769.000 2.0000 A $1,538.00 $0.00 44201696 01 CL D PATCH T4 4 SQ YD 35-000 20.5000 A $717.50 l $0.00 56500600 01 DOM WAT SER BOX ADJ EACH 6.000 100.0000 A $600.00 } $0.00 60609200 01 COMB CC&GTM6.12 FOOT 54.000 29.9500 A $1,617.30 $0.00 60610400 01 COMB CC&G TM6.24 FOOT 45.000 32.6500 D i $0.00 $1,469.25 78001130 01 PAINT PVT MK LINE 6 FOOT 984.000 3.0000 D $0.00 $2,952.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Various Roads,Yorkville, IL and Reason: Balancing authorization to adjust quantities based on Ann L.Schneider,Secretary Date measurements in the field. Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Bart Olson Supervisor Date Date Engineer of Construction Resident: Herb Jung g Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: ❑ Yes FJ No FHWA Participation: [i Yes No FHWA Representative Date Print Date: 08/15/2013 BC 22 (Rev. 01/13) Illinois Department Authorization No. 1 Authorization of of Transportation Sheet 4 of 4 Contract Changes Date: 08/15/2013 [] Contract Adjustment FHWA-Exempt County Kendall ❑ Change Order ❑ Non-Exempt Section: 10-00040-00-SW (Yorkville) ❑�/ Consultant ❑ Major Change Route Various ❑ InHouse ❑� Minor Change District: 03 Contract: 87459 Job No.: C4006909 Consultant's Name: Engineering Enterprises, Inc. Project No.: SRTS-4009(232) Contractor: Alliance Contractors, Inc. Address: 1166 Lake Avenue Woodstock IL 60098- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat Pay Item Unit Quantity Unit Price A/D Addition Deduction 78001150 01 PAINT PVT MK LINE 12 FOOT 54.000 6.0000 D $0.00 $324.00 Z0004510 01 HMA DRIVEWAY PAVT 3 SQ YD 125.000 20.5000 A $2,562.50 $0.00 Amount of Original Contract: $256,505.72 Totals: $9,934.55 $34,443.25 Net Change To Date ($24,508.70) Percent Change: -9.55% Net Change: 24,508.70 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Various Roads,Yorkville, IL and Reason: Balancing authorization to adjust quantities based on Ann L.Schneider,Secretary Date measurements in the field. Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Bart Olson -•- Supervisor Date Date Engineer of Construction Resident: Herb Jung Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: ❑ yes ❑ No FHWA Participation: ❑ yes ❑ No FHWA Representative Date Print Date: 08/15/2013 BC 22 (Rev. 01/13) ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ NB #3 Finance ❑ EST. 1836 Engineer ■' - City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ PW 2013-41 Police ALE �► � Public Works ❑ Agenda Item Summary Memo Title: River Road Bridge Meeting and Date: PW Committee— September 17, 2013 Synopsis: Authorization Approval Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: CO. a Memorandum To: Bart Olson, City Administrator EST. —� _ teas From: Brad Sanderson, EEI O �� t' CC: Eric Dhuse, Director of Public Works �.•,�• Q Krysti Barksdale-Noble, Community Dev. Dir. CLEF •tit Lisa Pickering, Deputy City Clerk Date: September 10, 2013 Subject: River Road Bridge—Authorizations 10 and 11 The purpose of this memo is to present Authorizations 10 and 11 for the above referenced project. An authorization, as defined by IDOT, is the written approval of a contract change and the written directive to the contractor to perform said work. By this definition, it alters the contract work from that awarded under the competitive bidding process. An Authorization of Contract Changes signed by the Regional Engineer signifies completed review of and support for the change proposed. Background: Kendall County served as the lead agency during the design of the project and the City is taking the lead during construction. The State of Illinois and "D" Construction, Inc. entered into an agreement for a contract value of $1,463,662.55 for the above referenced project. Construction began on November 20, 2012 and is currently substantially completed. The construction costs are being funded by 80 percent Federal participation and 20 percent local funds. The maximum federal participation amount is $1,742,000.00, inclusive of all change orders (authorizations) associated with this contract. Questions Presented: Should the City approve Authorizations 10 in the amount of$4,500.00 and 11 in the amount of $39,712.61? Discussion: Authorization 10 is for the addition of deck drains of the bridge structure. The pay items were omitted from the original contract of the project. A total of 10 drains were installed. Authorization 10 has a value of$4,500.00. Authorization 11 is the final balancing authorization that addresses the project line items. Line item quantities are estimated during the design of the project and adjusted during construction. Significant additions included line items related to bituminous paving, and the construction of the bridge structure. Authorization 11 has a value of $39,712.61. This will be the final authorization. The net change to date for the authorizations (inclusive of 10 and 11) is $132,565.53 which is a 9.01% increase to the original contract value, which reflects a new revised contract value to date of$1,596,228.08. As such, the City's responsibility for the contract additions is the 20% share, or$26,513.11. We have attached MOT form BC-22 for Authorizations 10 and 11 for your information. All authorizations have a pre-approval from the MOT District 3 Local Agency Bureau of Construction Engineer. We are recommending approval of the Authorizations. Action Required: Consideration of approval from the City Council for Authorizations 10 and 11. �1 Illinois Department Authorization No. 10 Authorization of of Transportation Sheet 1 of 1 Contract Changes Date: 09/07/2013 U Contract Adjustment ] FHWA-Exempt County: Kendall ❑ Change Order [I Non-Exempt Section: 08-00036-00-BR Consultant E] Major Change Route F.A.U.3799(River Road) ❑ InHouse Minor Change District: 03 Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat Pay Item 'Unit Quantity Unit PriceLAAD 1 Additioni Deduction) FAS ID: L10EU01 CCS Code 093001 X9301001 33 FLOOR DRAINS EACH 10.000 450.0000 A $4,500.00 $0.00 Amount of Original Contract: $1,463,662.55 Totals: $4,500.00 $0.00 Net Change To Date $88,352.92 Percent Change: 6.04% Net Change: 4,500.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description The contract did not include a pay item for deck drains and Reason: which are typically a standard pay item perspecification. A total of 10 deck drains were installed. Ann L.Schneider,Secretary Date Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Datc FHWA Acceptable to Proceed: ❑ yes ❑ No FHWA Participation: ❑ yes -I No FHWA Representative Date Print Date: 09/07/2013 BC 22 (Rev. 01/13) "D" Construction,_ Inc. General Contractor 1488 South Broadway •Coal City, IL 60416 Office (815)634-2555 • FAX(815)634-8748 February 13, 2013 Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, 1L 60554 Attention: Todd Wells Re: Contract 87509 Kendall County Section 08-00036-00-BR Route FAU 3799 (River Road) Project BRM-9003(883) District 3 Subject: Agreed to Unit Price for Floor Drains Dear Mr. Wells, In accordance with your request we, hereby submit for your review and approval the following Agreed to Unit Price for Floor Drains as shown on the plans, but no provision for payment. Description unit QTY Unit Price 6" Fiberglass Floor Drains each 10 $450.00 Very truly yours, "D" Construction, Inc. William Swenha-u A.U.P. Floor Drains OT Illinois Department Authorization No. 11 Authorization of of Tran sportation Sheet 1 of 9 Contract Changes Date: 09/07/2013 Contract Adjustment ❑�/ FHWA-Exempt County: Kendall ❑ Change Order ❑ Non-Exempt Section: 08-00036-00-BR ❑�/ Consultant ❑ Major Change Route F.A.U.3799(River Road) L] Minor Change District: 03 ❑ InHouse Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat Pay Item Unit Quantityl Unit Price A/D Additionj Deduction FA ID: L10EU01 CCS Code 093001 20200100 of EARTH EXCAVATION CU YD 99.000 30.0000 A $2,970.00 $0.00 20200200 01 ROCK EXCAVATION CU YD 9.000 450.0000 D $0.00 $4,050.00 20700220 01 POROUS GRAN EMBANK CU YD 64.000 45.0000 D $0.00 $2,880.00 21101615 01 TOPSOIL F&P 4 SQ YD 1,238.000 6.0000 A $7,428.00 $0.00 25000210 01 SEEDING CL 2A ACRE 0.200 3,520.0000 A $704.00 $0.00 25000400 01 NITROGEN FERT NUTR POUND 21.000 22.0000 A $462.00 $0.00 25000500 01 PHOSPHORUS FERT NUTR POUND 21.000 22.0000 A $462.00 $0.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Balancing Authorization to bring all items to final quantity and Reason: and to incorporate pay item overages. Ann L.Schneider,Secretary Date Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident 17s e FHWA Acceptable to Proceed: ] Yes ❑ No FHWA Participation: ❑ Yes F No FHWA Representative Date Print Date: 09/07/2013 BC 22 (Rev. 01/13) 0r� Illinois Department Authorization No. 11 Authorization of of Tran sportation Sheet 2 of 9 Contract Changes Date: 09/07/2013 ❑d Contract Adjustment DV FHWA-Exempt County: Kendall ❑ Change Order ❑ Non-Exempt Section: 08-00036-00-BR ❑�/ Consultant ❑ Major Change Route F.A.U.3799(River Road) InHouse [-7/1 Minor Change District: 03 ❑ _. Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. item No. * Cat Pay Item iUnit I Quantityl Unit Price" Addition Deduction 25000600 01 POTASSIUM FERT NUTR POUND 21.000 22.0000 A $462.00 $0.00 25100115 01 MULCH METHOD 2 ACRE 0.100 1,100.0000 D $0.00 $110.00 25100630 01 EROSION CONTR BLANKET SQ YD 939.000 1.6500 D $0.00 $1,549.35 28000250 01 TEMP EROS CONTR SEED POUND 120.000 5.5000 D $0.00 $660.00 28000400 01 PERIMETER EROS BAR FOOT 196.000 5.0000 D $0.00 $980.00 28000500 01 INLET&PIPE PROTECT EACH 1.000 165.0000 D $0.00 $165.00 28100209 01 STONE RIPRAP CL A5 TON 230.000 40.0000 A $9,200.00 $0.00 28200200 01 FILTER FABRIC SQ YD 60.000 3.2500 D $0.00 $195.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Balancing Authorization to bring all items to final quantity and Reason: and to incorporate pay item overages. Ann L.Schneider,Secretary Date Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed, because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: 1 Yes I-] No FHWA Participation: 7 Yes ❑ No FHWA Representative Date Print Date: 09/07/2013 BC 22 (Rev. 01/13) J Illinois Department Authorization No. 11 Authorization of of Transportation Sheet 3 of 9 Contract Changes Date: 09/07/2013 U Contract Adjustment �/W FHWA-Exempt County: Kendall ❑ Change Order 0 Non-Exempt Section: 08-00036-00-BR Consultant ❑ Major Change Route F.A.U.3799(River Road) d❑ Minor Change District: 03 [] InHouse Contract: 87509 i Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. iItem No. * Cat Pay Item Unit Quantityl Unit Price[A/D L Addition Deduction 35101600 01 AGG BASE CSE B 4 SQ YD 2.000 9.0000 D $0.00 $18.00 40200500 01 AGG SURF CSE A 6 SQ YD 17.000 20.0000 D $0.00 $340.00 40201000 01 AGGREGATE-TEMP ACCESS TON 205.000 25.0000 D $0.00 $5,125.00 40600100 01 BIT MATLS PR CT GALLON 679.000 0.0100 D $0.00 $6.79 40600625 01 LEV BIND MM N50 TON 6.000 82.0000 A $492.00 $0.00 40603080 01 HMA BC IL-19.0 N50 TON 59.000 67.0000 A $3,953.00 $0.00 40603335 01 HMA SC"D" N50 TON 21.000 73.0000 A $1,533.00 $0.00 40800050 01 INCIDENTAL HMA SURF TON 3.000 105.0000 D $0.00 $315.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Balancing Authorization to bring all items to final quantity and Reason: and to incorporate pay item overages. Ann L.Schneider,Secretary Date Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed, because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: ❑ Yes L' No FHWA Participation: ❑ Les No FHWA Representative Date Print Date: 09/07/2013 BC 22 (Rev. 01/13) Illinois Department Authorization No. 11 Authorization of of Transportation Sheet 4 of 9 Contract Changes Date: 09/07/2013 U Contract Adjustment ❑�/ FHWA-Exempt County: Kendall Change Order ❑ Non-Exempt Section: 08-00036-00-BR OV Consultant ❑ Major Change Route F.A.U.3799(River Road) ❑ InHouse ❑� Minor Change District: 03 Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat Pay Item Unit Quantity Unit Price�A/D� Addition Deduction 42001300 01 PROTECTIVE COAT SQ YD 30.000 2.5000 D $0.00 $75.00 42001430 01 BR APPR PVT CON(FLX) SQ YD 35.000 120.0000 D $0.00 $4,200.00 44000100 of PAVEMENT REM SQ YD 69.000 10.0000 A $690.00 $0.00 44000200 01 DRIVE PAVEMENT REM SQ YD 11.000 9.0000 D $0.00 $99.00 44000500 01 COMB CURB GUTTER REM FOOT 1.000 4.5000 A $4.50 $0.00 44000600 01 SIDEWALK REM SQ FT 12.000 1.7500 A $21.00 $0.00 48101200 01 AGGREGATE SHLDS B TON 81.000 24.0000 D $0.00 $1,944.00 50102400 01 CONC REM CU YD 6.000 475.0000 A $2,850.00 $0.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Balancing Authorization to bring all items to final quantity and Reason: and to incorporate pay item overages. Ann L.Schneider,Secretary Date Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: 1 yes ❑ No FHWA Participation: ❑ Yes F' No FHWA Representative Date Print Date: 09/07/2013 BC 22 (Rev. 01/13) Illinois Department Authorization No. 11 Authorization of of Transportation Sheet 5 of 9 Contract Changes Date: 09/07/2013 U Contract Adjustment FHWA-Exempt County: Kendall [l Change Order ❑ Non-Exempt Section: 08-00036-00-BR [f Consultant D Major Change Route F.A.U.3799(River Road) InHouse LV] Minor Change District: 03 Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. :Item No. * Cat Pay Item Unit Quantity Unit Price A/D Addition Deduction) 50200100 01 STRUCTURE EXCAVATION CU YD 9.000 30.0000 D $0.00 $270.00 50200300 01 COFFERDAM EXCAVATION CU YD 191.000 32.5000 A $6,207.50 $0.00 50300225 01 CONC STRUCT CU YD 18.100 625.0000 D $0.00 $11,312.50 50300255 01 CONC SUP-STR CU YD 17.000 725.0000 A $12,325.00 $0.00 50300260 01 BR DECK GROOVING SQ YD 178.000 9.0000 A $1,602.00 $0.00 50300280 01 CONCRETE ENCASEMENT CU YD 36.000 450.0000 A $16,200.00 $0.00 50300300 01 PROTECTIVE COAT SQ YD 220.000 2.5000 D $0.00 $550.00 50800205 01 REINF BARS,EPDXY CTD POUND 2,141.000 1.4500 D $0.00 $3,104.45 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Balancing Authorization to bring all items to final quantity and Reason: and to incorporate pay item overages. Ann L.Schneider,Secretary Date Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: [ Yes No FHWA Participation: [:] Yes ❑ No FHWA Representative Date Print Date: 09/07/2013 BC 22 (Rev. 01/13) Illinois Department Authorization No. 11 Authorization of of Transportation Sheet 6 of 9 Contract Changes Date: 09/07/2013 OV Contract Adjustment [] FHWA-Exempt County: Kendall ❑ Change Order ❑ Non-Exempt Section: 08-00036-00-BR 0 Consultant ❑ Major Change Route F.A.U.3799(River Road) E] InHouse EVI Minor Change District: 03 Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * 'Cat Pay Item TUnit Quantity Unit Price.A/D Addition Deduction) 50800515 01 BAR SPLICERS EACH 14.000 22.5000 D $0.00 $315.00 51100300 01 SLOPE WALL 6 SQ YD 60.000 70.0000 D $0.00 $4,200.00 51201600 01 FUR STL PILE HP12X53 FOOT 53.000 45.0000 A $2,385.00 $0.00 51201900 01 FUR STL PILE HP 14X89 FOOT 39.000 63.0000 A $2,457.00 $0.00 51500100 01 NAME PLATES EACH 1.000 400.0000 D $0.00 $400.00 51604000 01 DRILLED SHAFT IN ROCK CU YD 1.000 6,000.0000 A $6,000.00 $0.00 54002110 01 EXPAN BOLTS 7/8 EACH 45.000 40.0000 D $0.00 $1,800.00 542A1933 01 P CUL CL A 3 48 FOOT 14.000 150.0000 A $2,100.00 $0.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Balancing Authorization to bring all items to final quantity and Reason: and to incorporate pay item overages. Ann L.Schneider,Secretary Date Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed, because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: I , Yes No FHWA Participation: ❑ Yes ❑ No FHWA Representative Date Print Date: 09/07/2013 BC 22 (Rev. 01/13) Illinois Department Authorization No. 11 Authorization of of Transportation Sheet 7 of 9 Contract Changes Date: 09/07/2013 IVJ Contract Adjustment 0 FHWA-Exempt County: Kendall ❑ Change Order ❑ Non-Exempt Section: 08-00036-00-BR LVI Consultant ❑ Major Change Route F.A.U.3799(River Road) ❑ InHouse ❑d Minor Change District: 03 _ Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. I lCat JPay Item Unit 1 Quantity Unit Price,A/D Additionj Deduction 58700300 01 CONCRETE SEALER SQ FT 98.000 3.0000 D $0.00 $294.00 59100100 01 GEOCOMPOSITE WALL DR SQ YD 10.000 25.0000 A $250.00 $0.00 60603800 01 COMB CC&G TB6.12 FOOT 84.000 19.5000 D $0.00 $1,638.00 60605000 01 COMB CC&G TB6.24 FOOT 108.000 21.5000 A $2,322.00 $0.00 i 63200310 01 GUARDRAIL REMOV FOOT 22.000 3.3000 A $72.60 $0.00 66700205 01 PERM SURV MKRS TI EACH 4.000 800.0000 D $0.00 $3,200.00 I 72000100 01 SIGN PANEL TI SQ FT 0.300 35.0000 D $0.00 $10.50 72800100 01 TELES STL SIN SUPPORT FOOT 2.000 12.0000 A $24.00 $0.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Balancing Authorization to bring all items to final quantity and Reason: and to incorporate pay item overages. Ann L.Schneider,Secretary Date Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed, because provision for this work is included in the original contract. U Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: ❑ Yes F' No FHWA Participation: _1 Yes L No FHWA Representative Date Print Date: 09/07/2013 BC 22 (Rev. 01/13) �y J Illinois Department Authorization No. 11 Authorization of 11'`d of Transportation Sheet 8 of 9 Contract Changes Date: 09/07/2013 I Contract Adjustment U FHWA-Exempt County: Kendall ❑ Change Order ❑ Non-Exempt Section: 08-00036-00-BR i ❑d Consultant ❑ Major Change Route F.A.U.3799(River Road) ❑ InHouse U Minor Change District: 03 Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * ICat IPay Item Unit Quantity Unit Price A/D I Additionj Deduction) 78005110 01 EPDXY PVT MK LINE 4 FOOT 650.000 2.3500 A $1,527.50 $0.00 78005180 01 EPDXY PVT MK LINE 24 FOOT 1.000 13.1000 A $13.10 $0.00 X2070304 01 POROUS GRAN EMB SPEC CU YD 31.000 42.0000 A $1,302.00 $0.00 X4401198 01 HMA SURF REM VAR DP SQ YD 16.000 5.0000 A $80.00 $0.00 Z0001050 01 AGG SUBGRADE 12 SQ YD 76.000 15-5000 A $1,178.00 $0.00 Z0013200 01 CONC REFER MARKERS EACH 6.000 500.0000 D $0.00 $3,000.00 20013302 of SEGMENT CONC BLK WALL SQ FT 194.000 33.0000 A $6,402.00 $0.00 Z0046304 01 P UNDR FOR STRUCT 4 FOOT 15.000 24.0000 D $0.00 $360.00 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Balancing Authorization to bring all items to final quantity and Reason: and to incorporate pay item overages. Ann L.Schneider,Secretary Date Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: ❑ Yes ❑ No FHWA Participation: Yes No FHWA Representative Date Print Date: 09/07/2013 BC 22 (Rev. 01/13) ' J Illinois Department Authorization No. 11 Authorization of �d of Transportation Sheet 9 of 9 Contract Changes Date: 09/07/2013 Contract Adjustment n FHWA-Exempt County: Kendall 51 Change Order ❑ Non-Exempt Section: 08-00036-00-BR Consultant Major Change Route F.A.U.3799(River Road) LVI❑ InIlouse n Minor Change District: 03 Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat Pay Item Unit Quantity Unit Price A/D Addition Deduction ID: L10EU01 CCS Code 0513004 Z0076600 JFA 1 TRAINEES HOUR 11000.000 0.8000 D $0.00 $800.00 Amount of Original Contract: $1,463,662.55 Totals: $93,679.20 $53,966.59 Net Change To Date $128,065.53 Percent Change: 8.75% Net Change: 39,712.61 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description Balancing Authorization to bring all items to final quantity and Reason: and to incorporate pay item overages. Ann L.Schneider,Secretary Date Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Michael A. Forti,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung — --------------------- - Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: F yes U No FHWA Participation: L]_ Yes 71 No FHWA Representative Date Print Date: 09/07/2013 BC 22 (Rev. 01/13) ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ NB #4 Finance ❑ EST. 1836 Engineer ❑ - City Administrator Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ PW 2013-42 Police ALE Public Works ■ Parks and Recreation ❑,. Agenda Item Summary Memo Title: Ash Tree Removal RFP Request Meeting and Date: Public Works— September 17, 2013 Synopsis: Requesting permission to solicit proposals to remove certain trees in the parkway. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: positive Council Action Requested: approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: i) I�r N Memorandum To : Public Works Committee 1836 ' �. ` ---� From : Eric Dhuse , Director of Public Works 04 CC : art lson Administrator , Cou Date : September 7 , 2013 Kendal Co ''" ' Subject : Ash tree removal RFP All , As you all know, we have been removing ash trees that are/were infested with the emerald ash borer . The City has removed approximately 900 of these trees to date , with an estimated 700 + remaining . Of these 700 1 am asking for permission to solicit sealed proposals for the removal of 43 trees which public works does not have the proper equipment for safe and efficient removal . These trees are all located within the city right of way and are currently infested with the borer . Most of these trees are in a rapid state of decline and will be dead by the year ' s end . If permission is granted to proceed with soliciting bids , the timeline would be as follows : ➢ September 24 - Permission granted by city council to solicit bids ➢ October 2 - Advertise for bid in Kendall County Record and City website ➢ October 18 - Open proposals ➢ October 22 - Approval of vendor by City council ( directly to city council due to timing) ➢ December 22 - Substantial project completion ➢ Spring 2014 - Establish healthy stand of grass and close project I am estimating the cost of this work to be approximately $ 44 , 000 . I will use what I have left in the original line item, then the money would come from the general fund contingency . I would ask that this be placed on the September 17 , 2013 public works committee agenda for discussion . If you have any questions or need further information, please let me know . i i i i i United City Of Yorkville Request for Proposals Removal of Certain Ash Trees Throughout the City September 2013 Request for Proposals 1. The United City of Yorkville, Illinois (the "City') is issuing this Request for Proposal ("RFP") for the purpose of soliciting vendor proposals for the removal of certain ash trees located in the parkways throughout the City. 2. The City intends to seek the most cost-effective solution, based on the criteria contained in the RFP,for its needs. 3. One original and one copy of the proposal will be accepted until 12:00 PM, on Friday October 18, 2013. Proposals submitted must be binding for not less than ninety (90) days after the date of opening. The City will select the proposals, or combination of proposals, that, in its opinion, is in the best interest of the City. The City reserves the right to reject any and all proposals or portions of a proposal. The City also reserves the right to waive minor technicalities in the proposal. The City not only reserves the right at the sole discretion of the City to reject any and all proposals and to waive technicalities, but also reserves the right of evaluation and the right to determine the methodology for evaluation of the proposals to determine which is the best proposal and to accept the proposal (or proposals) deemed to be in the best interest of the City, i.e., the most qualified proposal will not necessarily be the proposal with the lowest cost. Further, the City reserves the right to accept a proposal (or proposals) for any or all items separately or together. 4. All inquires shall ONLY be addressed at a meeting open to all potential bidders with Eric Dhuse, Director of Public Works of the United City of Yorkville, to be held Tuesday October 15, 2013 at 9:00 AM at the United City of Yorkville City Council Chambers, 800 Game Farm Road Yorkville, Illinois. 5. Proposals may also be hand delivered to the following address by the date and time specified. It is the responsibility of the bidder to deliver the proposal in accordance with these instructions contained above and/or elsewhere in the RFP. Proposals dispatched, but not received by the City by proposal closing time, will be returned, after receipt, unopened to the bidder. All proposals should be addressed to: United City of Yorkville Re: (vendor name) Proposal for removal of certain ash trees Attn: Eric Dhuse, Director of Public Works 800 Game Farm Rd Yorkville, IL 60560 Proposal packets are available online at www.yorkville.il.us or at the United City of Yorkville City Hall, which is located at 800 Game Farm Rd., Yorkville, Illinois. 2 6. Award of Contract. The United City of Yorkville City Council will make the final award of the proposal or contract. 7. Contract. In addition to the completed proposal, a resulting contract may be required by the City, including but not limited to, written correspondence between the City and the vendor subsequent to the proposal submission, facsimiles and product literature. All agreements between the United City of Yorkville and the vendor will be handled through our legal counsel. In addition, any legal restrictions, or provisions, enforced by the vendor or its parent company, which are not in line with the industry's standard, should be pointed out. 8. Confidentiality of Documents. Proposals shall be unopened so as to avoid disclosure of contents to competing bidders and kept secret during the process of negotiation. However, all proposals that have been submitted shall be open for public inspection after contract award. Trade secrets and confidential information, as specified by the vendor, contained in the proposals shall not be open for public inspection. 9. Contact with City Employees. In order to ensure fair and objective evaluation, all questions related to this RFP should be addressed only to Eric Dhuse as provided in paragraph 4. Contact with any other City employee is expressly prohibited without prior consent of the persons so named herein. Vendors directly contacting other City employees will risk elimination of their proposal from further consideration. Conditions 1. Contractor will perform the described work within 60 calendar days of the award of the contract by the United City of Yorkville city council. 2. Contractor will furnish upon request the following certificates of insurance with provision that insurance policies may not be cancelled or endorsed in any way which would reduce or limit coverage within (10) days prior written notice to the United City of Yorkville. A. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of$1,000,000 per accident.. B. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of$1,000,000. C. Owners and Contractors Protective Liability (OCP): $1,000,000 combined single limit per occurrence for bodily injury and property damage. 3 D. Businesses Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Work completed under this contract shall be subject to the approval of the United City of Yorkville. For the practical implementation of the contract, the contractor agrees to meet with the City as often as necessary to discuss any and all aspects of the contract. 4. If in the opinion of the United City of Yorkville Public Works Department, the contractor has not or is not satisfactorily performing the work covered by this specification, and within two (2) weeks (14 calendar days) of receipt of a written demand from the United City of Yorkville, for performance, has not cured any defect in performance specifically itemized in such demand,the United City of Yorkville may, at its option: • Consider all or any part of this contract breached • May hire another contractor to cure any defects in performance • or complete all work covered by this specification for the remaining term of this contract. • Any demand for performance shall be specifically delivered to Contractor by registered mail. 5. Neither the contractor nor the United City of Yorkville shall be held liable in damages caused beyond its control and without its fault or negligence including but not limited to, acts of God or the public enemy, acts of the government, fires, floods, epidemics, quarantine restrictions, strikes,freight embargoes, or unusually severe weather. 6. All bidders shall furnish, with their proposal, a current copy of the Emerald Ash Borer compliance agreement with the Illinois Department of Agriculture. Criteria Removal - all ash trees shall be removed and disposed of according to the stipulations set forth by the Illinois Department of Agriculture. Any deviations will result in a breach of contract, for which the penalty will be immediate termination of the contract. Stump grinding - All stumps shall be ground to a minimum depth of 12" below ground level. All grindings are to be removed and replaced with good quality black dirt and seed and covered with straw blanket. The removal of the stump and the placing of the black dirt and seed are to be done concurrently. Healthy stand of grass - each work area must have a healthy stand of grass as determined by the Director of Public Works or his designee. The grass shall be weed free and densely populated before it will be considered healthy. 4 Utility locations- notifying J.U.L.I.E is the sole responsibility of the contractor. Traffic control - traffic control shall be provided where necessary. At least one lane of traffic must stay open at all times. No street may be closed without permission of the United City of Yorkville. Work areas - All work areas will be restored to pre working conditions when the tree is removed. All branches will be picked up, any damage to the parkway or the yard will be repaired, and the site will be left in a neat and clean condition each day. Pay out - The contractor will be paid within 30 days of completion of the job. A 10% retainer will be held until such time that a healthy stand of grass is established on all work areas. 5 CONTRACTOR CERTIFICATIONS The undersigned; A. Certifies that it is not barred from bidding or contracting with the City as a result of a violation of either Paragraph 33E-3 or 33E-4 of Act 5, Chapter 720 of the Illinois Complied Statutes regarding criminal interference with public contracting, and B. Swears under oath that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as required by Chapter 65, Act 5, paragraph 11-42.1 of the Illinois Complied Statutes, and C. States that is has a written sexual harassment policy as required by the Illinois Human Rights Act (775 ILCS 5/2-105(A) (4) a copy of which shall be provided to the City upon request, and D. Agrees to comply with the requirements of the Illinois Human Rights Act regarding Equal Employment Opportunities as required by Section 2-105 of the Illinois Human Rights Act (775 ILCS 5/2- 105) D. Agrees to comply with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246, U.S.C.A. Section 2000e n.114 (September 24, 1965) All work under this contract shall be executed in accordance with all applicable federal, state, and City laws, ordinances, rules and regulations which may in any manner affect the performance of this contract. Dated: Contractor: By: Title: 6 AARsh t rece cR em oval L i st All Trees Marked with an X in White Paint Address # of trees Notes Price per Address Contractor Proposal 505 State St 1 805 Adrian 1 307 W . Orange 1 on Adrian 507 W . Dolph 1 901 S . Main 1 i 804 S . Main 1 Maple 109 E . Fox 1 209 E . Fox 1 Oak 306 E . Fox 1 606 Heustis 1 608 Heustis 1 703 Heustis 1 202 E . Kendall 1 102 Center Parkway 6 4 on W . Kendall 101 W . Kendall 2 1 Ash , 1 Poplar 216 W . Kendall 1 122 Strawberry 1 on West Kendall 303 W . Kendall 1 104 Blackberry 1 106 Blackberry 1 120 Blackberry 2 204 Center Parkway 2 205 Center Parkway 1 305 Center Parkway 1 108 E . Somonauk 1 305 Colton 1 305 Woodworth 2 406 McHugh 1 404 McHugh 1 308 McHugh 1 413 E . Main 1 405 E . Main 1 403 E . Main 2 43 TOTAL ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ NB #5 Finance ❑ EST. 1836 Engineer ■' - City Administrator ❑ Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ PW 2013-43 Police ALE �► � Public Works ❑ Agenda Item Summary Memo Title: Caledonia Subdivision Meeting and Date: PW Committee— September 17, 2013 Synopsis: LOC Call Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: D Cll o Memorandum s EST. - _ leas To: Bart Olson, City Administrator OL `` From: Brad Sanderson, EEI p CC: Eric Dhuse, Director of Public Works �dAC "Ty '= Krysti Barksdale-Noble, Community Dev. Dir. <LE Lisa Pickering, Deputy City Clerk Date: September 9, 2013 Subject: Caledonia Subdivision The United City of Yorkville is currently holding irrevocable letter of credits (LOC's) as noted below for work to be completed on the Caledonia Subdivision: Phase 1 • Old Second Bank No. 2912 $745,764.75 • Old Second Bank No. 2927 $57,151.80 Phase 2 • Old Second Bank No. 2968 $361,512.45 • Old Second Bank No. 309000356 $69,866.50 The LOC's for Phase 1 of the development have been in place since August 4, 2005 and for Phase 2 of the development since August 11, 2006. The developer has failed to complete the land improvements per the approved plan for the development and has some significant outstanding work as outlined in the attached punchlist letter and cost estimate dated December 19, 2012. We have attached correspondence from the City, dated March 4, 2013 that was sent to the developer in an attempt to obtain a new development schedule. No significant progress has been made since the correspondence was sent. Based on the amount of outstanding work and the lack of progress from the current developer, staff is recommending that the LOC's be called in their entirety for the completion of the work. In addition to the correspondence noted above, we have attached the copies of the LOC's for your information. Should the Public Works Committee be in favor of calling the LOC's for the Caledonia Subdivision, this matter can be placed on the September 24, 2013 City Council meeting agenda for further discussion and consideration. Upon approvals, letters to Old Second Bank will be drafted and sent via certified mail immediately. Engineering Enterprises, Inc. December 19, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia—Phases 1 and 2 United City of Yorkville Kendall County, Illinois Ms. Barksdale-Noble: Representatives from Engineering Enterprises, Inc. performed an onsite punch list inspection of the public improvements for the above referenced project. A summary of the punch list items is listed below. General 1. Record drawings should be submitted for review. 2. There is a substantial amount of concrete washout and construction debris deposited throughout the subdivision. All debris and spoils should be removed. 3. All damaged silt fence should be removed from the site. 4. Erosion and sedimentation measures as detailed on the plans require maintenance and additional installations at locations experiencing erosion. All erosion and sedimentation control issues should be addressed immediately. 5. Lots 1, 2, and 72 have asphalt parking areas built on them. These asphalt areas should be removed and the lots graded smooth and restored. Sanitary Sewer 6. Structure S-14-4 needs to be cleaned of debris. 7. Structure S-4-5-3-1 needs to be raised to grade. 8. Structure 6-4-4 needs to have its frame replaced. 52 Wheeler Road, Sugar Grove, IL 60554 - (630) 466-6700 tel - (630)466-6701 fax - www.eeiweb.corrs Ms. Krysti Barksdale-Noble December 19, 2012 Page 2 9. Structure S-4-9-3 needs to have its rings and frame reset. 10. Marking posts for the sanitary services should be re-installed if necessary. 11 . All sanitary sewer needs to be televised. Storm Sewer 12. The following storm structures need to have the fillets installed , reinstalled, or repaired: CB 108 CB 405 INL 326 CB 226 CB 508 INL 336 CB 227 CB 409 INL 337 CB 303 INL 109 INL 341 CB 307 INL 127 INL 350 CB 319 INL 232 INL 407 CB 322 INL 304 INL 410 CB 325 INL 305 INL 509 CB 335 INL 308 INL 703 CB 340 INL 320 CB 359 INL 323 13. The following structures have cracked adjusting rings which need to be replaced: CB-118 CB-214 M-210 CB-119 CB-250 CB-347 CB-143 1-205 CB-350 14. Structures E-700 and 1-341 need to be cleaned of debris. i 15. The following structures need their frames adjusted to the proper grade: CB-140, CB-141 , CB- 143. I 16. The following structures need to have their sump connections mortared: CB-212, CB-239, CB- 355, 1-124. 17. The following structures need to have their frames and adjusting rings reset: CB-114, CB-355, M- 107, M-1291 M-324, M-358, 18. Several curb structures are getting water and soil infiltration from behind the structures. These structures should be excavated behind and sealed with mortar. The following structures need to be sealed: CB-250, CB-506, 1-341 , 1-507. 19. Structure M-101 is missing the required steps. 20. Structures M-202 and M-203 are holding water. This should be investigated to ensure there are no blockages or damage to downstream pipes. When the issue is determined and the structures are drained of water, they will need to be inspected. 21 . All storm sewer 12" diameter and larger needs to be televised. All storm sewers should be jetted prior to televising . i Ms. Krysti Barksdale-Noble December 19, 2012 Page 3 Water Main 22. All fire hydrants should be wire brushed and re-painted. 23. Fire hydrants 46 and 28 need to be adjusted to the correct grade. 24. Valve boxes for the following fire hydrants need to be adjusted to the correct grade: FH 29, FH 42, FH 45, FH 48. 25, Marking posts for the water services should be re-installed if necessary. Roadway 26. There are several areas of sidewalk that are considered unacceptable by the City due to cracking or spalling needs to be replaced. 27. There are several areas of curb that are considered unacceptable by the City due to excessive cracking, chipping, or spalling needs to be replaced. 28. The curb needs to be backfilled in several areas throughout the subdivision. 29. Sidewalk needs to be completed for all the vacant lots throughout the subdivision. 30. Sidewalk needs to be completed across the public areas throughout the subdivision . 31 . The area from 3 feet behind the proposed sidewalk to the roadway for all vacant Lots should be restored with topsoil, seed, and erosion control blanket. 32. Necessary patching of the asphalt base course is needed prior to paving surface course. 33. Hot-Mix Asphalt Surface Course, Mix C, N50 needs to be placed throughout the subdivision. Prior to paving operations, butt joints shall be constructed as required, and bituminous prime coat shall be applied. 34. Once installation of the hot-mix asphalt surface course has been completed, hot-poured joint sealer is required along every edge of pavement. 35. All pavement markings within the subdivision need to be completed. 36. The only stop sign installed is at Caledonia Drive and Corneils Road. All other stop signs and yield signs need to be installed per plan. 37. Street name signs need to be installed at the corner of Pinewood Drive and Caledonia Drive, 38. A 48 hour burn test of the street lights should be completed prior to acceptance. 39. The following street lights were not working at the time of inspection and should be repaired: L- 281 L-351 L-341 L-37, L-44, L-22. Ms. Krysti Barksdale-Noble December 19, 2012 Page 4 Landscaping i 40. All parkway trees need to be installed in the vacant lots. 41 . Several trees and other landscaping items, including the entry monument, have not been installed (see attached exhibit). All landscaping items need to be installed per the landscaping plan. Enclosed for your use is an Engineer's Opinion of Probable Construction Costs and a summary of quantities for the above noted items. If you have any questions or require any additional information please contact our office. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/kdw Enclosures PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Parks & Rec Director Ms. Lisa Pickering, Deputy Clerk JWF \\MILKYWAY\EEI_Storage\Does\Public\Yorkville\2012\Y01231 -DG Caledonia\Docs\Icoy01-punchlist.doc Engineering Enterprises,Inc. 52 Wheeler Road,Sugar Grove,It 60554 0, JOB NO: i Y01231 PREPARED BY: I KDW DATE: December 19,2012 PROJECT TITLE: CALEDONIA Engineer's Opinion of Probable Construction Cost ITEM UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT 1 STRUCTURE ADJUSTMENT EACH 4 $ 300.00 $ 1,200.00 2 NEENAH R-1712-C 1390 LBS/CONCEALED PICK HOLES EACH 1 $ 300.00 $ 300.00 3 RESET FRAME AND/OR ADJUSTING RINGS EACH 7 $ 300.00 $ 2,100.00 4 REMOVE DEBRIS FROM STRUCTURE EACH 3 $ 100.00 $ 300.00 b REPLACE CONCRETE ADJUSTING RINGS EACH 9 $ 300.00 $ 2,700.00 6 INSTALL,REINSTALL OR REPAIR FILLETS IN STORM STRUCTURE EACH 31 $ 75.00 $ 2,325.00 7 MORTAR PIPE OPENINGS IN MANHOLE EACH 4 $ 100.00 $ 400.00 8 MORTAR BEHIND CURB STRUCTURES EACH 4 $ 300.00 $ 1,200,00 9 INSTALL STEPS INSIDE STRUCTURE EACH 1 $ 350.00 $ 350.00 10 REMOVE FILTER FABRIC LS 1 $ 500.00 $ 500.00 11 REMOVE CONCRETE WASHOUTS AND CONSTRUCTION DEBRIS LS 1I $ 6,000.00 $ 6,000.00 12 MISCELLANEOUS STORM SEWER REPAIRS LS 1 $ 7,500.00 $ 7,500.00 13 MISCELLANEOUS SANITARY SEWER REPAIRS LS 1 $ 7,500.00 $ 7,500.00 14 INSTALL WATER SERVICE MARKING POST EACH 72 $ 50.00 $ 3,600.00 15 INSTALL SANITARY SERVICE MARKING POST EACH 72 $ 50.00 $ 3,600.00 16 CONSTRUCT NEW SIDEWALK ON EMPTY LOTS SF 59,000 $ 8.00 $ 472,000.00 17 CONSTRUCT NEW SIDEWALK ON PUBLIC LOT SF 3,500 $ 8.00 $ 28,000.00 18 REMOVE AND REPLACE.SIDEWALK SF 350 $ 10.00 $ 3,500.00 19 REMOVE AND REPLACE 86.12 CURB AND GUTTER FOOT 350 $ 32.00 $ 11,200.00 20 HOT-MIX ASPHALT SURFACE REMOVAL-BUTT JOINT SY 50 $ 20.00 $ 1,000.00 21 BITUMINOUS MATERIALS(PRIME COAT) GAL 4,326 $ 1.50 $ 6,499.00 22 HOT-MIX ASPHALT SURFACE COURSE,MIX C,N50 TON 2,500 $ 75.00 $ 187,500.00 23 ROADWAY EDGE SEALER GAL 185 $ 50.00 $ 9,250.00 24 CLASS"D"PATCHES,4" BY 560 $ 40.00 $ 22,000.00 25 STOP SIGNS AND POSTS EACH 10 $ 500,00 $ 5,000.00 26 YIELD SIGNS AND POSTS EACH 5 $ 500.00 $ 2,500.00 27 STREET NAME SIGNS EACH 2 $ 150.00 $ 300.00 28 REMOVESILTFENCE FOOT 2,000 $ 2.00 $ 4,000.00 29 REMOVE ASPHALT ON LOT,REGRADE LOT SY 1,160 $ 5.00 $ 5,900.00 30 FURNISH AND PLACE TOPSOIL,VARIABLE DEPTH SY 20,850 $ 5.00 $ 104,250.00 31 SEED AND BLANKET SY 21,000 $ 5.00 $ 105,000.00 32 STREET LIGHT REPAIR EACH 6 $ 2,000.00 $ 12,000.00 33 DETECTABLE WARNINGS SF 780 $ 25.00 $ 19,500.00 34 THERMOPLASTIC PAVEMENT MARKING LINE-LINE 24' FOOT 150 $ 5.00 $ 750.00 35 FIRE HYDRANT ADJUSTMENT EACH 2 $ 1,000.00 $ 2,000.00 36 PAINT FIRE HYDRANT EACH 15 $ 100.00 $ 1,500.00 37 VALVE BOX ADJUSTMENT EACH 4 $ 300.00 $ 1,200,00 38 INSTALL OUTSTANDING LANDSCAPING LS 1 $ 75,000.00 $ 75,000.00 39 PARKWAY TREES EACH 220 $ 600.00 $ 110,000.00 40 PREPARE RECORD DRAWINGS LS 1 $ 15,000.00 $ 15,000.00 41 SOIL EROSION AND SEDIMENT CONTROL MAINTENANCE LS 1 $ 10,000.00 $ 10,000.00 42 TELEVISE SEWER LS 1 $ 13,500.00 $ 13,500.00 TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST $ 1,287,914.00 \MilkywaykEE1 Storage\Dons\Public\Yorkville\2012\YO1231-DG Caledonia\Eng\EOPC 2012-1242.%IS 1 E ( 'Ntlld 3dtlO50Ntl1 till S! tll 0a31tl� ®EJ 5i 4�fll!liilltltl;lu{.�li r � 8 'is { � �� ! ! S 4 $ x ( 41 ! 1 ( I [ Sl lx,fl Y♦ a i, ({Ili��) �s��I�t1�(4!3�'s"!�9�i �1 I�• �� v a �� , if r � w gj MI al I z tt r, v 4 � G W v L� !"Inm I � 8� r h ••''r- o V9 ---- � S n v I --•1-' ( Imo' ♦ I m 1 i m I mn I L_ N w LO Imm X 7 I \ � Z. LU l I eT 45 ILLr Yi G\ Ld a \/3 - LIJ L] i N z z� aw � o MCL Z � I� + G y ®d a 4.0 g� p S L ,dt t 6 IL t J1 w Cq Q r .t, t��• a �,�tif1 Iyr• If� l 65l LU l V'i cip`,n United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <LE `vv March 4, 2013 Mr. William Haworth Ziemia, LLC 2250 Southwind Blvd. Bartlett, Illinois 60103 I Re: CALEDONIA SUBDIVISION(PHASE 1)—YORKVILLE,IL OLD SECOND NATIONAL BANK: LETTERS OF CREDIT#2912 AND #2927 I Dear Mr. Haworth: The United City of Yorkville is currently holding two (2) irrevocable letters of credit (LOC) in the amount of $745,764.75 for site work improvements and $57,151.80 for landscaping improvements to be completed by Wyndham Deerpoint Homes for the above-referenced project.The aforementioned letters of credit have been amended since their initial issuance on 07/7/05 and 10/3/05,respectively. According to our recent inspection of the project site and the last punchlist generated on December 19,2012,the Caledonia Subdivision—Phase I project remains substantially incomplete. If you intend to proceed with the construction of the remaining work items for the development in the near future, the City requires an immediate amended letter of credit with a revised expiration date and an anticipated completion schedule. For your reference, a copy of the original and amended letters of credit, punchlist and Development Plat have been enclosed. If a response has not been received within thirty (30) days from the date of this letter, the City may exercise its right to draw upon the current LOC and demand payment. I look forward to hearing from you. Should you have any questions,please do not hesitate to contact me directly at 630.553.8573 or knoble@yorkville.il.us. Sincerely, Krysti J.Barksdale-Noble,AICP Community Development Director Enclosures Cc: Bart Olson, City Administrator Kathleen Field-Off, City Attorney Brad Sanderson,EEI, City Engineer Lisa Pickering,Deputy City Clerk cip,� United City of Yorkville 800 Game Farm Road Esr. 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 c Fax: 630-553-7575 <kE % 2� March 4, 2013 Mr. William Haworth Ziemia, LLC 2250 Southwind Blvd. Bartlett,Illinois 60103 Re: CALEDONIA SUBDIVISION (PHASE II)—YORKVILLE,IL OLD SECOND NATIONAL BANK: LETTERS OF CREDIT#2968 AND#309000356 Dear Mr. Haworth: The United City of Yorkville is currently holding two (2) irrevocable letters of credit (LOC) in the amount of $361,512.45 for site work and earthwork improvements and $69,866.50 for landscaping improvements to be completed by Wyndham Deerpoint Homes for the above-referenced project. The aforementioned letters of credit have been amended since their initial issuance on 08/8/06 and 3/9/07,respectively. According to our recent inspection of the project site and the last punchlist generated on December 19, 2012, the Caledonia Subdivision —Phase H project remains substantially incomplete. If you intend to proceed with the construction of the remaining work items for the development in the near future, the City requires an immediate amended letter of credit with a revised expiration date and an anticipated completion schedule. For your reference, a copy of the original and amended letters of credit, punchlist and Development Plat have been enclosed. If a response has not been received within thirty (30) days from the date of this letter, the City may exercise its right to draw upon the current LOC and demand payment. I look forward to hearing from you. Should you have any questions, please do not hesitate to contact me directly at 630.553.8573 or knoble(a)-,yorkville.il.us. Sincerely, 1144�'74"�'. Krysti J.Barksdale-Noble,AICP Community Development Director Enclosures Cc: Bart Olson, City Administrator Kathleen Field-Orr, City Attorney Brad Sanderson,EEI, City Engineer Lisa Pickering, Deputy City Clerk 001d Second Old Second National Bank July 7, 2005 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision - Phase I Letter of Credit No. 2912 For Account of W nti dham Deemoint Homes Amount $4,135, 187,65 Date July 7, 2005 Gentlemen: The undersigned, Old Second National Bank, by Fred Sinkovits, Vice President, its duly authorized agent, hereby establishes and issues this Irrevocable Letter of Credit in favor of the City of Yorkville in the amount of $4,135,187.65, which represents 110% of the cost of the improvements described herein. Such credit is available to be drawn upon by said City upon presentation to this bank of your demand for payment accompanied by a copy of this Letter of Credit. This Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision: DIVISION "A" - SANITARY SEWERS (engineer's estimate =$ 373,343.00) DIVISION "B" - WATER MAIN (engineer's estimate = $ 382,760.00) DIVISION "C" - STORM SEWERS (engineer's estimate = $ 1 ,040,777.00) DIVISION "D" - STREETS (engineer's estimate = $ 830,245.00) DIVISION "E" - DETENTION BASIN & EXCAVATION (engineer's estimate = $ 1 ,021 , 131 .50) The costs of the foregoing improvements are detailed in the attached Engineer's Cost Estimate. The development is legally described as follows: See Attached Exhibit "A" . - 37S.River St.,Aurora,IL60506-4172,630-892-02D2 • 555 Redwood Dr.,Aurora,IL 60506-3309,630-8443555 1350 N.Farnsworth Ave.,A"fora,IL 60505-2068,630851-7700 . 1230N.Orchard Road,Aurora,IL 60506-7931,630.966-1300 4080 Fox Valley Or.Dr.,Aurora,IL 60504-4109,630-499-4330 200 W.John St.,North Aurora,IL 60542-1685,630-859-3400 1991 W.Wilson St., Batavia, 11_60510-1680,630-406-10001 23 5.Fourth St.,Geneva,IL 60134-2106,630-208-0210 801 S.Kirk Road,St.Charles, IL 60174-3407,630-762-3840 , 1200 Douglas Rd.,Oswego,IL 60543-6956,630-551-1200 Q wwmo2bancorp.com Route 47 @Cross St.,Sugar Grove,IL 60554-0510,630-066-4841 . 815E.Ogden Ave, Naperville,IL 60563-2834,630753-8000 Member FDIC MW I Letter of Credit No. 2912 Wyndham Deerpoint Homes Page 2 Said public improvements shall be constructed by Wyndham Deerpoint Homes, our customer, in accordance with the plans, specifications, completion schedules and cost estimates prepared by Spaceco, Inc. The undersigned agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Irrevocable Letter of Credit shall expire on July 7, 2006, provided, however, the undersigned shall notify the City Clerk by certified or registered mail, return receipt requested, at least ninety (90) days prior to said expiration date, that said Letter of Credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until July 7, 2006, without regard to any default in payment of money owed to the issuer by our customer and without regard to other claims which the Issuer may have against our customer, and in no event shall terminate without notice as specified above. This Letter of Credit may be renewed by the Issuer or our customer prior to the above expiration date by submitting a new Letter of Credit to the same form and substance as this Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above described improvements, It is agreed that the following shall be considered a default by our customer and shall entitle the City to make demand on this Letter of Credit: 1 . that said Letter of Credit will expire within thirty (30) days and has not been renewed; or 2. that the aforesaid improvements have not been completed by the subdivider at least thirty (30) days prior to the aforesaid expiration date; or 3. that the owner and/or subdivider has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4. that the City of Yorkville has determined that the owner and/or subdivider has demonstrated that they will be unable to complete the improvement; or 5 . that the City of Yorkville has determined that the public improvements or other improvements covered by this commitment have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties; or i Letter of Credit No. 2912 Wyndham Deerpoint Homes Page 3 6, that if more funds are disbursed at this time on order of the owner and/or subdivider insufficient funds will remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the owner and/or subdivider has been notified that the municipality finds that a breach of the owner's and/or subdivider's obligations has occurred and has not been cured within a period of thirty (30) days. The Issuer's obligation to the City is based solely on this Irrevocable Letter of Credit engagement between this financial institution and the City and is not subject to instructions from our customer. It is recognized that the City has directed our customer to proceed with the construction of public improvements upon the guarantee of this irrevocable commitment. It is further acknowledged that the consideration for this irrevocable commitment is provided by agreements between this financial institution and our customer. This Irrevocable Letter of Credit sets forth in full the terms of this undertaking between the Issuer and the City, and such undertaking shall not in any way be modified, amended, amplified, not shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Demands on this Letter of Credit shall be made by presenting the Issuer with a letter from the City Clerk of the City of Yorkville demanding payment accompanied by the certificate of the City Clerk of the City of Yorkville certifying the basis for the default and demand on this Letter of Credit. The undersigned agrees that this Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the City Clerk of the City of Yorkville certifying that this Letter of Credit may be reduced. The outstanding balance of this Letter of Credit shall be the face amount of this Letter of Credit less any amount which is discharged upon certificate of the City Clerk; Provided however, the outstanding balance of this Letter of Credit shall not be reduced to less than 15% of the approved engineer's estimate upon which this Letter of Credit is based until the City Council accepts the aforementioned improvements and a certificate of the City Clerk certifying that the Letter of Credit has been released by the City Council of the City. All acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit have been completed. The undersigned further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Letter of Credit in accordance with its terms. Letter of Credit No. 2912 Wyndham Deerpoint Homes Page 4 We hereby engage with you that all demands for payment in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to expiration of this Letter of Credit. Except as otherwise stated, this credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 revision), International Chamber of Commerce Publication No. 500. Old Second National Bank Frederick F. Sinkovits Vice President STATE OF ILLINOIS) ) SS COUNTY OF vP?& I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that 4rmrj c tc r semkev;rt , personally known to me to be the ✓,�, r of the 64 s«,s Mhrum.44 a...l, and who is personally known to me to be the same person whose name is subscribed to the foregoing Letter of Credit and authority given by the Board of Directors thereof as their free and voluntary acts and as the free and voluntary act and deed of said institution. Given under my hand and official seal this V` day of „uF 20 05 . D F GXA�. K"o � i ��sEAL TWh Notary Pubrit e NM q r*1k 31Me Ml M* CYr�LNr 11,]Ilt i4 : Z6 FAX 030 986 So08 WMILAM DMMPOINT $OMES Q0D3 EXHIBIT "A" 1 SPACECOf INC. ,A2 Q DemalO n.A.t. a 1 S Em AMOUNT aal 1. GLegRIING AND ORUSSING - 1.0 I.S. 8100000,00 $10,000.00 A. De0W19onS h2htie RAmpv4i 9161TpWm 310500.00 _ e I I ane n 1. SILT RP.NOI 9,100 2 STA91LIZe0 E NTRANOp, LF- 5200 S1 S,3MOA0 3, EROSION CONTROL INLDT 2 EACH 68,000.00 54,000,00 4- STRAW SALE DRAINAf;E FIMUCTURS d6 EACH 550,00 62,25.00 5. EROSION CONTROL OUTLET 73 E'er 36850 53.0.6050 5- OVERFLOW DITCHSEEOING AND BLANKET 7 EACH 5508.00 63,600,00 j 7, SEEDINGdATBAAND O 1,050 LF. $25,00 548.750.00 0. SSEDINGGPARKWAYS 6.72 AC, 62mm 572070,00 3.26 AC. 624260.00 i7,605Ae - B. SPIIEro41AnSe0tnul000mmI Sub.T0t41a ii0f5o9,pp D. Gmeav0e0n � 1. TOPSOIL9TRIp TOyTOwWILEFORRESPREAO 27,003 FY. 72,00 36q.1pS.00 Z TOPSOILS"-TO STOOMILP 108,670 FY. 54W 5277,160.00 3. RESPREM PAYS 8'RESPRGAD ;000 FY 64,60 51;00050 4, RESPREAD IOTA, LOT D, SOUTH OPLOY D 6•RISSPREAD 0.800- G.Y. 6260 616,o0D,00 FILL 5. CLAY=TO:STO 226,620 GY, 52 6 6605,663,50 6- aVS PLOW STdC CNS WASS O.Y. 3200 350,flOm 7, F1145G ADIR RO HCON67R. 7O-fION 1.650 L.F. T05" 5120.75650 B. FlNE63LNS ROADWAY 2�4� 0.Y, SO.ep 8. EAQLFI I,CURB 513,467,00 3140 SY2,?90.00 c EmAk`Eam BUD-TOW • S 02L171.W 1. STORMS 2. STORMSEWe1j Rf:pA CL IV s4• 3Y I.F. Won 5241660,00 9. STORM SEWF$RCP,CLN 4p+ 006 LF, 2100.00 800,605,00 a. STORM SEWER,RCP,CL N 4S 340 LF• 578.00 575,850,00 S. STOJVABEWER,RCP, CLN 1,591 LP, 506,00 5100,et5.00 e. STORM SEWER,RCG, CLIV 300 1,i0S �. MAO 682260.00 7. STORM SEWE301HGP1CL74 �• 11001 LF, 54050 $40,04050 S. STORMWIN15 RCP, CL Zr 601 L.P. 517.50 372,537-3D 9. STORM N• 416 T.F. 575.00 St-0,6a0.00 10, STORM SEWE6R�, RCP, CI,IV 21• BOB LF• moo 624.186.00 ' 11. STORM Se iim RCP, CL 1B- 1,210 LF 52500 SA7,760.00 12 STORM SEWER, RCP, CL N 72 1.970 �. aw."ZW 13. STORM TRENCHSACIML o18'b14 id, 9TORMTgENCH 0Ag0-TLL 200 LF. 9.70.00 6!4,600,00 j H6' OIA 932 LF, 57208 571,17200 16, SrMMMANHCLE i20-DIA. 13. STORM MIWHOLK 10 0w' 1 SAa 6111SHA0 517, 0,00 17. STORM MANROLfi 2 FADH 50,00050 516,pouo0 , 10, STORM MANHOLE 0S• DIA 7 E EACH 67.000.00 57,000.80 ,O. STORM MANHOLE " b� a EACH !61009,00 Sf0.0pq-00 20. STORM MANHOLE 7TOW 11 EACH 13,500,00 328'60550 21. CATCH BASIN aw Pik 10 EACH 52300" 5671600,00 3, ; EACH 55,00D.00 $6.000.00 22 CATCH BASIN' EACH 54,00o,00 54.000,00 23- INLET 809TH 75• Bd EACN $5.000.00 6P62i000.ou Za, INLET 7a•bl0. 32 EACH $506,00 615 ,D0 ,000. FLARE ENO SELHON,WA'aRA'I$ W f EACH $3.600.00 $9,00050 ?S 2A FLAREOPNOSE=ON.WIORA-IE 420 2 EACH 311900.00 $3,600.00 27. FLARED ENO 66CTTON,WIGPAYE 60• 7 EACH 61,600,08 91,500.00 29. FLARED ENO 6EOHON, yy/OTW-fE 30• 1 EACH 516350.00 SlAw.ee 29, FLARED ENDSEOTION,WNGRATe 10 1 EACH 3&!0,50 5860.00 W- FLA3W ENDSE.GTION, W/GRATE 1G 1 .�.. 31. 9TORMSERVICE, wCSOR@0 e• 76 EACH 5230.w 519500,00 32 CCNNEOTTO E%CWMH 1 EACH 5250.86 6960.50 00, HEADWALLS.WHEATONAVE. 2 EACH 67,500.00 515,000,00 D.On10fe04 lmpmvem6nt3 SubTo1N � S1A4o,77Z00 . T•An Ptge 1 d7 COO 121 YNVH QN003S M0 9009 CSL OC9 XVA LP ; TT 90/69/00 i 68/28 /05 TM 11 ; 28 FAX 630 968 1006 WYND$AM D&ERPOINT HOMES SPACECO, (NC. mm UNIT SiNTY 4N? P9LGL' AMOUMf I E R edrev M 1- BITUMMOU�9 ®U PURSE 1.509 CLI Z BITUMINOUS BINDER COURSE 24;CL1 18,448 S.Y. Sy,� $6C673,2s S, AGGREGATE 844E TYPBB 18,348 S.Y, S4.Y6 407758.76 4 GEOTEXnLE FABRIC IC 1e,74a B.Y. .514,00 41611150.06 5- CURB AGU BUBGAADE FABRIC 27,44.0 B.Y. TIER, M/AOBpI 8811 el•iG Ra,025AD O, PCC SIDEWALK 17,230 LF. 611.50 5140ASAmoo ' T_ FCCSIDI:W W119 ONTCAB 58,410 E,RF - 45.60 $147,D05.m AUCACROSSORIVEWAY WTHIZONZCA.6 7,140 SF- 54.00 426,780.00 0. 8TREETLIGHTING COMPLE716 „y P. REMOVE E7L CUL-DEBAC PAVEIJEN7 V CH SdAw,ap 4103,600.00 IO, REMOVE ETC CUWIE.SAO CURB 0 AND OVrrVA 300 LP_ =AO 57.816.00 ' b '� 92,470.00 E Readt+ryleprweme,ed 6ubToW "x,245,66 P,we 210HIi.l 10veSIAM O t. FM HYDRANT• VALVE ANO B 2, WMIDICL52WAMTTINL'q W W/AUX, 27 EACH Sgaaam 564,000,00 0, WM,DI CI, 52WI71TNNG8 p0 3206 41:1. 330,w 3100,17250 4, WATQRSERVICES,W/B-BOX 1'-LONG e'er 61181007.44 6, WA7EA9eRVV10P3,W/A-SOX 2S EAOH tMOO S22,760.m O. VAWE 17-SHORT 447600 417,825.00 T. YALVE Ir IN800VAUI.T 7 EACH 52,480.00 6106800.00 O. PLUGANDBLGCKSTUB am IN BOX � EACH $1.10000 616,!0800 S. CONNRC7TOFYISTINGSTUS -1 EACH WJD.00 WOOA0 0. WM TRENCH BACwmL NNEN.FOOT 570 '&•00 5500.00 LP, $15.00 58,02Sn0 Pow 61ta=1n IMOMMa SubTAlal N��21M,00 M I. BANITARY6ENER,PVc8b 28 low, 10NS DEEP 566 LP, Z SAW1TARYSEWER,PVCSDR78 W. IS30'DEFP OO 517,7m4a 3. 5ANrIARYSEWEra,PVCSDRZ3 P71011WOMP -34 I.F. x'00 58,706.00 41 SANITARY SEWERPVC 8DA28 B', gO, D� 1- LF- 628.00 $121,604.00 5. SANITARY MMMLR,TYPBA a0•DW1r-'10'OECP 2.101 LF. E25.m 552,636100 S. SANITMYMANHM,p,TYaEA 44`0� 10:arDBEP 16 EACH b2scu0.m 43,Om.OD 7 SANITARYMANHOMWPEA 4500 d1WDREP ' S68,00646 8 SANITARY SERVICES LONE AT �'GH 621000100 410,000M 0. SANITAHY9ERVIDEB gHOp,T EACH 51,250,00 $78,760,00 fe. SANrTARYTR§NGHBAC*-TLL SHORT Re EACH SLbm 614 8 11. SANITARY TRENCH BACKPILL c10' OEEV 3" Off, WAS $10,860.00 12, CONNECT TO r7LMANHOLE 241 EAOH Rom SdFB20.80 d1,000,m St,000.m O.SenINry Seww lmpm.4lnuua SbeT4011 = 3373,33. . 0 I SUSRIYAU F1.74B58150 IOU CON704GENDYe 49710028.15 ICI TOTALIN SeA44114744 NDTS51 1.TNa 94de 10P'4P&w0 Oa'%W 410 PWC Baed TI0e1 En801aaft plAm too DAI4a461a Sa06L14W Deed 10/00/06, Len m.Qeed ANO 12.2005. 2.T01603U0W6 ra Plepem118ea pukle Ally. SPACECOmakY00wanmy Uotacmer00newWmly&, a. Ith Oa�eewnBmi 'e edl wa�ibe aeoW�m aDe e,d�ue J� . N0Imp6RafMW 0lfaat3 ale Indlgq, d, Tfae 01600844 DOES NGI'18 dude: i PrBTMITPEBB b. LANObCAAMM e. KMFW FMS a DRIVEWAYS FOR BINGLEFAMILY HOMES G, UNDERCU70F UNSURA11MMA7E0IAL 1. OFF�aIYEROADWAYANO UTk.11YIMPROVEMEN"TO OOftNE85 ROAD 8_YORI -RfAI$TOLS ANITARYDISTRICTINTEXCEPTORSANITARY R=SUVEER SERVICES FORL018 log AND 1200181 1. EXI3T64a STORM SEWBRREMOVAL ORABANDONMENTAB REQUIRED BYT14EC8Y. f. PMMMORKQUANTMM SUPKtEDSYRYAKINCORPOMTFSICGNTRAL h SEE CALEDONIASUBDIAIISION RHABINO PJWIBIT'BYSPACECOF NC, DATED 06/1NOUFOR PRASE BREAR DONRL 5.I% ea0m5m DQ L SE201NG PORAREA 9GU7H OE SUBDIVISION PROPERIYANO LOT D E;iNQZinduds N601envq lyacs fer, ERp810N CONTROL ` CONSTRUCRON ROAD$ - BUILDMO PADS Pwelaz 40011 HNV6 QN003S O'IO 9008 E96 OC9 XVA 9V : TT 90 /9Z/90 �I Telephone (630) 96&1000 Telecop1er(630) 96&1006 i February 27, 2006 By Messenger Joseph Wywrot City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision Phase 1 Dear Joe: Enclosed is the original Amendment No. 1 to the Irrevocable Letter of Credit #2927 which increases C the better of Credit for Landscaping to $138,436.65. It is our understanding that this was the last item you were requesting for subdivision approval. Approval of Caledonia Phase 1 is on the agenda tomorrow evening. We hope to have the Plat executed right away and would like to, start construction by the end of this week. Please advise us if there is anything else you still require so that we can start construction, Yours truly, I gRichard,M. uerard RMG/jmh Eno. C 605 LINDSAY CIRCLE, NORTH AURORA, IL 60542 W W W.W YDG.COM Old Second Old Second National Bank j I� February 23, 2006 AMENDMENT NO. 1 TO I IRREVOCABLE LETTER OF CREDIT NO. 2927 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 ( Re: Caledonia Subdivision Phase I Gentlemen: At the request of Wyndham Deerpoint Homes, 605 Lindsay Circle, North Aurora, IL 60542, we hereby amend the above referenced Irrevocable Letter of Credit as follows: The amount of this Irrevocable Letter of Credit is increased from the aggregate amount of Ninety Eight Thousand Six Hundred Sixty Nine and 23/100 Dollars ($98,669.23) to the aggregate amount of One Hundred Thirty Eight Thousand Four Hundred Thirty Six and 65/100 Dollars ($138,436.65). All other terms and conditions remain the same. Sincerely, 4--/- �� Frederick F. Sinkovits Vice President 37S.River St.,Aurora,IL 60506,63D-892-0202 • 555 Redwood Dr.,Aurora,IL 60506,630-8443555 1350 N.Farnsworth Ave.,Aurora,IL 60505,630-851-7700 1230 N.Orchard Road,Aurora,IL 60506,630-966-1300 • 4080 Fox Valley Ctr.D6,Auroa,IL60504-4109,630-499-0330 200 W.John St., North Aurora, IL 60542-1685,630.859-3400 . 1991 WWilson St.,BataVia,IL60510,630-006-1000 . 235.Fourth St.,Geneva,It 60134,630-208.0210 8015.Kirk Road,St.Charles,IL 60174, 630-762-3840 • 888 N.LaFox Street,South Elgin,IL 60177, 847-7606008 • 1200 Douglas Rd.,Oswego,IL 60543-8956,630-551-1200 Route 47 ® Cross St,,Sugar Grove,IL 60554,630-466-0841 • 5024 Ace Ln.,Naperville,It 605648171,630-527-6490 www.o2bancorp.com 3101 E.Ogden Ave.,Lisle,IL 60532-1678,630.305.4644 . 2761 Black Road,Joliet,It 60435,815-744-2221 Member FDIC '.. _ Telephone (630) 966-1000 Telecopler(630) 966406 i i i I September 30, 2005 Via Federal Express Joseph Wywrot City Engineer City of Xorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision Phase 1 Letter of Credit 2927 — Landscaping Dear Joe: We are forwarding the original Letter of Credit 2927 which guarantees the completion of the landscaping improvements in Caledonia Subdivision. Please call me if you have any questions. Y� s truly, J Richard M. Guerard RMG/jmh Enc. cc: Mike Beaulieu 605 LINDSAY CIRCLE, NORTH AURORA, IL 60542 WWW.WYDP.COFA Old Second Old Second National Bank October 3, 2005 Mayor and Aldermen City of Yorkville 800 Game Farm Road 47orkville, IL 60560 Re: Caledonia Subdivision Phase I Irrevocable Letter of Credit No. 2927 For Account of Wyndham Deerpoint Homes Amount: $98,669.23 Gentlemen: The undersigned, Old Second National Bank ("Bank"), by Frederick F. Sinkovits, Vice / President, its duly authorized agent, hereby establishes and issues this Irrevocable Letter of Credit in favor of the City of Yorkville ("City") in the amount of $98,669.23, which represents 110% of the cost of the improvements described herein. Such Irrevocable Letter of Credit is available to be drawn upon by the City upon presentation to this Bank of your demand for payment accompanies by a copy of this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision: Phase I Planting/Landscape Work $98,669.23 The costs of the foregoing improvements are detailed in the Engineer's Cost Estimate, prepared by Gary R. Weber Assoc., Inc., attached as Exhibit A The development is legally described as follows: Attached as Exhibit B Said public improvements shall be constructed by Wyndham Deerpoint Homes, ("our Customer" and "Owner"), in accordance with the plans, specifications, completion schedules and cost estimates prepared by Gary R. Weber Associates, Inc. \. 37 S.River St.,Aurora,IL 60506,630.892-0202 • 555 Redwood Dr,Aurora,IL 60506,630-B44-3555 • 1350 N.Farnsworth Ave.,Aurora,IL 60505,630-851-7700 1230 N.Orchard Road,Aurora,IL 60506,630-966-1300 • 4080 Fox Valley Cur.Dr.,Aurora,IL 60504-4109,630-499-4330 200W.John St.,North Aurora,IL 60542-1685,630.859-3400 • 1991 W.Wlison St., BataVia,IL60510,630406-1000 • 235.FOUrth St.,Geneva,IL 60134,630-208-0210 8015,Kirk Road,St.Charles,IL 60174,610-762-1840 • 888 N.LaFox Street,South Elgin,IL 60177,847-760-6008 • 1200 Douglas Rd,Oswego,IL 60543-8956,630.551-1200 Route 47@ Cross St.,Sugar Grove,IL 60554,630-466-4 841 • 5024 Ace in,Naperville,IL 60564-8171,630-527-6490 www.o2banrorp.com 3101 E.O9den Ave.,Lisle,IL 60532-1678,630.305-4644 . 2761 Black Road,Joliet,IL 60435,615-744.2221 Member FDIC MWI i i! . Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2927 Page 2 The undersigned agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Irrevocable Letter of Credit shall expire on October 3, 2006. provided, however, the undersigned shall notify the City Clerk by certified mail, return receipt requested, or by overnight courier, at least ninety (90) days prior to said expiration date, that this Irrevocable Letter of Credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until October 3, 2006, without regard to any default in payment of money owed to the issuer by our Customer and without regard to other claims which the Bank may have against our Customer, and in no event shall terminate without notice as specified above. This Irrevocable Letter of Credit may be renewed by the Bank or our Customer prior to the above expiration date by submitting a new Irrevocable Letter of Credit to the same form and substance as this Irrevocable Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above described improvements. It is agreed that the following shall be considered a default by our Customer and shall entitle the City to make demand on this Irrevocable Letter of Credit: 1 . that said Letter of Credit will expire within thirty (3 0) days and has not been renewed; or 2. that the aforesaid improvements have not been completed by the Owner at least thirty (30) days prior to the aforesaid expiration date; or 3 . that the Owner has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4. that the City of Yorkville has determined that the Owner has demonstrated that they will be unable to complete the improvement; or 5. that the City of Yorkville has determined that the public improvements or other improvements covered by this Irrevocable Letter of Credit have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties; or Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2927 Page 3 6. that if more funds are disbursed at this time on order of the Owner insufficient funds will remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the Owner has been notified that the municipality finds that a breach of the Owner's obligations has occurred and has not been cured within a period of thirty (30) days. The Bank's obligation to the City is based solely on this Irrevocable Letter of Credit between the Bank and the City and is not subject to instructions from our Customer. It is recognized that the City has directed our Customer to proceed with the construction of public improvements upon the guarantee of this Irrevocable Letter of Credit. It is further acknowledged that the consideration for this Irrevocable Letter of Credit is provided by agreements between this Bank an d our Customer. i This Irrevocable Letter of Credit sets forth in full the terms of this undertaking between the Bank and the City, and such undertaking shall not in any way be modified, amended, amplified, nor shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instnument or agreement. i Demands on this Irrevocable Letter of Credit shall be made by presenting the Bank with a letter from the City Clerk of the City of Yorkville demanding payment accompanied by the certificate of the City Clerk of the City of Yorkville certifying the basis for the default and demand on this Irrevocable Letter of Credit. The undersigned agrees that this Irrevocable Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the City Clerk of the City of Yorkville certifying that this hrevocable Letter of Credit may be reduced. The outstanding balance of this Irrevocable Letter of Credit shall be the face amount of this Irrevocable Letter of Credit less any amount which is discharged upon certificate of the City Clerk; Provided however, the outstanding balance of this Irrevocable Letter of Credit shall not be reduced to less than 15% of the approved engineer's estimate upon which this Irrevocable Letter of Credit is based until the City Council accepts the aforementioned improvements and a certificate of the City Clerk certifying that the Irrevocable Letter of Credit has been released by the City Council of the City. All acts, requirements and other preconditions for the issuance of this hrevocable Letter of Credit have been completed. Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2927 Page 4 The Bank further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Irrevocable Letter of Credit in accordance with its terms. We hereby engage with you that all demands for payment in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to expiration of this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. j Old Second National Bank ,- / / z Frederick F. Sinkovits Vice President i AUG- 31 -2005 WED O1 30 PM GARY R. WEBER ASSOC. INC, 16306699693 P. 002/003 n S2 g a o Ie i 3 N n ro e 9 la a 1 In � q as a p � na a ;1 co o �+ n nn ba H m I 2 F o Fs Oil Z O 2. r -d CS n o� r r m �g h 5 O r» °o ' q x 1 . i W N N N N Ql N W W W W W W W W d D D Oi. O O G O C o o �' v °0 0 0 0 °e o I!". I• po V Rf ul w b f cWn a g o O o a v+ o c e °o Cl $ o 0 o G g P I • i Q vvu AUG -31 -?005 2D \ 30 M GARY R, WEBER asm INC, ~ �~ ^ /]\\\/ Eo 3 ; ƒ k ) ( : / 7 ` / [ ! / % k $ � k ® rff Lr _ / 4 & $ % 2 ■ ) � § 2J PC K ° 7 [ 7 E / \ c § § ` q � § . § § o ® � { k i 14 ] r § ( ) \ } # 7§ , t \ E ( m RA . . i ( § . � § \ � ( ua 7 § f 2 $ 7 d ( � � EXHIBIT B i THAT PART OF THE NORTH 1/2 OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST '/4 OF SAID SECTION 17; THENCE NORTH 88 DEGREES 13 MINUTES 59 SECONDS EAST, ON AN ASSUMED BEARING ALONG THE NORTH LINE OF SAID NORTHEAST /4892.02 FEET RECORD, 892. 11 FEET MEASURED; THENCE SOUTH 00 DEGREES 12 MINUTES 00 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE WEST /20F THE EAST %2 OF SAID SECTION 17, A DISTANCE OF 40.01 FEET; THENCE SOUTH 88 DEGREES 13 MINUTES 59 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST /4315.96 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 39.27 FEET ALONG A CURVE TO THE LEFT, HAVING RADIUS OF 25.00 FEET AND WHOSE CHORD BEARS SOUTH 43 DEGREES 14 MINUTES 00 SECONDS WEST 35.36 FEET TO A POINT TANGENCY; THENCE SOUTH 01 DEGREES 45 MINUTES 59 SECONDS EAST 75.53 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 56.11 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2033.00 FEET AND WHOSE CHORD BEARS SOUTH 00 DEGREES 58 MINUTES 37 SECONDS EAST 56. 11 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 11 MINUTES 10 SECONDS EAST 57.96 FEET TO A POINT CURVATURE; THENCE EASTERLY 39.27 FEET ALONG A CURVE TO THE LEFT; HAVING A RADIUS OF 25.00 FEET AND WHOSE CHORD BEARS SOUTH 45 DEGREES 11 MINUTES 10 SECOND EAST 35.36 FEET TO A POINT OF TANGENCY; THENCE NORTH 89 DEGREES 48 MINUTES 50 SECONDS EAST 18.53 FEET TO A POINT OF CURVATURE: THENCE NORTHEASTERLY 32.31 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET AND WHOSE CHORD BEARS NORTH 52 DEGREES 47 MINUTES 46 SECONDS EAST 30. 11 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTH, EAST, AND SOUTH 220.07 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 66.00 FEET AND WHOSE CHORD BEARS SOUTH 68 DEGREES 43 MINUTES 21 SECONDS EAST 131 .39 FEET; THENCE SOUTH 63 DEGREES 56 MINUTES 29 SECONDS EAST, NON-TANGENT TO THE LAST DESCRIBED CURVE 164.48 FEET TO A LINE PARALLEL WITH THE EAST 1/2 OF SAID SECTION; THENCE SOUTH 00 DEGREES 12 MINUTES 00 SECONDS EAST ALONG LAST DESCRIBED LINE A DISTANCE OF 103.53 FEET: THENCE SOUTH 89 DEGREES 50 MINUTES 59 SECONDS WEST 403.40 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 10 SECONDS WEST 114.96 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 39.27 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET AND WHOSE CHORD BEARS NORTH 45 DEGREES 11 MINUTES 10 SECONDS WEST 35.36 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89 DEGREES 48 MINUTES 50 SECONDS WEST 115.00 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 10 SECONDS EAST 669.49 FEET; THENCE SOUTH 26 DEGREES 18 MINUTES 55 SECONDS WEST 57.85 FEET; THENCE SOUTH 45 DEGREES 29 MINUTES 17 SECONDS WEST 57. 11 FEET; THENCE SOUTH 71 DEGREES 28 MINUTES 11 SECONDS WEST 75 .00 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHERLY 4.64 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 217.00 FEET AND WHOSE CHORD BEARS SOUTH 08 DEGREES 50 MINUTES 53 SECONDS EAST 4.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 09 DEGREES 27 MINUTES 38 SECONDS EAST 110.89 FEET; THENCE SOUTH 03 DEGREES 22 MINUTES 13 SECONDS EAST 112.90 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST 119.42 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 17 SECONDS EAST 489.42 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHERLY 77.99 FEET ALONG A CURVE TO THE RIGHT, HAVING RADIUS OF 433.00 FEET AND WHOSE CHORD BEARS SOUTH 05 DEGREES 33 MINUTES 19 SECONDS EAST 77.89 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST 347.43 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST 496.42 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST 246.00 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST 173.38 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 164.56 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 142.00 FEET AND WHOSE CHORD BEARS SOUTH 56 DEGREES 24 MINUETS 18 SECONDS WEST 155.50 FEET; THENCE NORTH 66 DEGREES 47 MINUTES 42 SECONDS WEST 66.37 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST 187.68 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST 935.58 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 18 SECONDS EAST 165.00 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST 146. 14 FEET TO A POINT ON THE NORTH LINE OF SOUTH 3 .33 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST ''/4 OF NORTHWEST %4 OF SAID SECTION 17; THENCE NORTH 88 DEGREES 17 MINUTES 09 SECONDS EAST ALONG THE LAST DESCRIBED LINE l - 155.39 FEET TO THE WEST LINE OF SAID NORTHEAST %4 OF SECTION 17; THENCE NORTH 00 DEGREES 20 MINUTES 22 SECONDS WEST ALONG THE LAST DESCRIBED LINE, 1106.44 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. i I _ Telephone(63D) 9664600 Telecopier(63D)9661066 August 11, 2006 Via Federal Express Joseph Wywrot City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision Phase H Dear Joe: i / Enclosed is the original Letter of Credit for the Caledonia Subdivision Phase R in the amount of $1,260,271 .92. Yours truly, �A i Richard M. Guerard RMO J Enc.Q------" cc: Mike Kainz J. Steven Butkus Matt Fiascone I 605 LINDSAY CIRCLE, NORTH AURORAF IL 60542 WWW.WYDP.COM- 001d Second Old Second National Bank August 8, 2006 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision Phase II Irrevocable Letter of Credit No. 2968 For Account of Wyndham Deerpoint Homes Amount: $ 1 ,260,271 .93 Gentlemen: The undersigned, Old Second National Bank ("Bank"), by Frederick F. Sinkovits, Sr. Vice �- President, its duly authorized agent, hereby establishes and issues this Irrevocable Letter of Credit in favor of the City of Yorkville ("City") in the amount of $1 ,260,271 .93, which represents 110% of the cost of the improvements described herein. Such Irrevocable Letter of Credit is available to be drawn upon by the City upon presentation to this Bank of your demand for payment accompanied by a copy of this Irrevocable Letter of Credit. i This Irrevocable Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision: I Division "X' — Soil Erosion Sediment Control $ 7,087.50 Division `B" — Excavation $ 22,016.00 Division "C" — Drainage Improvements $ 280,948.00 Division "D" — Roadway Improvements $ 463,176.25 Division "F' — Watermain Improvements $ 224,940,00 Division "F" — Sanitary Sewer Improvements $ 147,534.00 Total Engineer's Cost Estimate $ 15145,701 .75 10% Contingency $ 1145570.18 Total $ 1,260,271 ,93 - 37 S.River St., Aurora,IL 60506-4172,630-892-02D2 • 555 Redwood Dr.,Aurora,IL 60506-3309,630.8443555 1350 N.Farnsworth Ave.,Aurora;IL 60505-2068, 630-851-7700 . 1230 N.Orchard Road,Aurora,IL60506-7931,630-966-1300 4080 Fox Valley Cu.Dr,Aurora,IL 60504410916304994330 200 W.John St.,North Aurora,IL60542-1685,630-859-3400 1991 W.Wilson St Batavla, IL60510-1680,630-006-1000 . 235.Fourth St.,Geneva, IL60134.2108,630.209-0210 801 S.Kirk Road,St,Charles,IL 601743407,630-762-3840 . 1200 Douglas Rd.,Oswego,IL60543-8956,630-551-1200 wwwo2bancorp.com Route 47@ Cross St.,Sugar Grove,IL60554-0510,630.466-4841 • RISE.Ogden Ave,Napewille,IL60563-2834,630-753-8000 MemberFDIC MMI 888 N.La Fox St.,South Elgin, IL 60177-1627,847-760-6005 'i, i Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2968 Page 2 The costs of the foregoing improvements are detailed in the Engineer's Cost Estimate, prepared by Spaceco, hie., on the attached Exhibit A The subdivision is legally described on the attached Exhibit B. Said public improvements shall be constructed by Wyndham Deerpoint Homes, ("our Customer" and "Owner"), in accordance with the plans, specifications, completion schedules and cost estimates prepared by Spaceco, Inc. The Bank agrees that this Irrevocable Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Irrevocable Letter of Credit shall expire on August 8, 2008 provided, however, the Bank notifies the City Clerk by certified mail, return receipt requested, or by overnight courier, at least ninety (90) days prior to said expiration date, that this Irrevocable Letter of Credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the Bank that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until August 8, 2008, without regard to any default in payment of money owed to the Bank by our Customer and without regard to other claims which the Bank may have against our Customer, and in no event shall terminate without notice as specified above. This Irrevocable Letter of Credit may be renewed by the Bank or our Customer prior to the above expiration date by submitting a new Irrevocable Letter of Credit to the same form and substance as this Irrevocable Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above described improvements. It is agreed that the following shall be considered a default by our Customer and shall entitle the City to make demand on this Irrevocable Letter of Credit: 1 . that said Letter of Credit will expire within thirty (30) days and has not been renewed; or 2. that the aforesaid improvements have not been completed by the Owner at least thirty (30) days prior to the aforesaid expiration date; or i Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2968 Page 3 3. that the Owner has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4. that the City of Yorkville has determined that the Owner has demonstrated that they will be unable to complete the improvement; or 5. that the City of Yorkville has determined that the public improvements or other improvements covered by this Irrevocable Letter of Credit have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties; or 6. that if more funds are disbursed at this time on order of the Owner insufficient funds will remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the Owner has been notified that the municipality finds that a breach of the Owner's obligations has occurred and has not been cured within a period of thirty (30) days. The Bank's obligation to the City is based solely on this Irrevocable Letter of Credit between the Bank and the City and is not subject to instructions from our Customer. It is recognized that the City has directed our Customer to proceed with the construction of public improvements upon the guarantee of this Irrevocable Letter of Credit. It is further acknowledged that the consideration for this Irrevocable Letter of Credit is provided by agreements between this Bank and our Customer. This Irrevocable Letter of Credit sets forth in full the terms of this undertaking between the Bank and the City, and such undertaking shall not in any way be modified, amended, amplified, nor shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Demands on this Irrevocable Letter of Credit shall be made by presenting the Bank with a letter from the City Clerk of the City of Yorkville demanding payment accompanied by the certificate of the City Clerk of the City of Yorkville certifying the basis for the default and demand on this Irrevocable Letter of Credit. The Bank agrees that this Irrevocable Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the City Clerk of the City of Yorkville certifying that this Irrevocable Letter of Credit may be reduced. The outstanding balance of this Irrevocable Letter i i Wyndham Deerpoint Homes Irrevocable Letter of Credit No. 2968 Page 4 of Credit shall be the face amount of this Irrevocable Letter of Credit less any amount which is discharged upon certificate of the City Clerk; provided however, the outstanding balance of this Irrevocable Letter of Credit shall not be reduced to less than 15% of the approved engineer's estimate upon which this Irrevocable Letter of Credit is based until the City Council accepts the aforementioned improvements and a certificate of the City Clerk certifying that the Irrevocable Letter of Credit has been released by the City Council of the City. In respect to the written certification above, the Bank is authorized to accept the certification as binding and correct without investigation or responsibility for the accuracy, veracity, correctness or validity of the same or any part thereof. All acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit have been completed. The Bank further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Irrevocable Letter of Credit in accordance with its terms. We hereby engage with you that all demands for payment in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to expiration of this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. Old Second National Bank Frederick F. Sinkovits Sr. Vice President i AUG-072006 08 : 04 From : OLD SECOND OF LISLE 6309611197 To : 6308920315 P . 3/4 Rug 04 2006 1102PM W2lndham Deerpoins Homes 630 -966 - 1006 P . 3 EXHIBIT A SPACECO, INC. Paelof2 l UNIT !TEES A Sn" 60104 ap1M0 Cer el 1. EAOBION CONTROL INUIW 28 EACH WOAD 71,10040 2. STRAW SALE ORAEIAGE 81TRUCRJRS 19 EACH $"AD IAm,m S. EROWON CONTROL CUTLET 1 EACH MOAD MOD 4. 8001NO-PNiOYAM 1.P< ACRE p2,2aD.40 $00.10 A-sol Emalon a.0�aC0nm1 a�A.TaaJm 57,OSrw tb.l�n 1. FINE OMOE Po04OV/AY 17930 S.Y. PAS 4l.781.0 2. 0ACkKL CURB 7'003 L.F. $IAO STAOEm 3. AESPAEAC PM407NAYa OF RESPREAO 1ISOD 1)7 SAAYN S/1200000 9,6smcSm1 aub.Tatal• 15'01100 1- STORM $EWIK RCP, 04aN 12' 100 CR fa0A0 $12,071).40 2. STORM BRW[ L, RCP, GL IV as em LF, WAS 1MAISOA0 3. STORM SEWS RCP, CL IV 2T 2d 1 LF $via PM 40 4. STORM SEWBk ACA,CL IV W we LF, Ifts 411I.MAO a. STORM SH\A'9*4 RCP, CL IV 21' 74. LF, 7ba.40 52200AD 0- STORM UW9C RGP, CL 1C 740 LF. $20.00 J;W'7WAO 7. STORM SEWER RGP, CL IV IT Sal LF. 1122.51) 4WoW2AD S. STORM WVY0K RCP.CL IV 12 I= L.F. Saw 725.540,00 O NTOMYRENCHEAgOFLL aIr DIA 131 LP. lam IOASOAO 10. STORM T71@HCH a.ALTffLL AWDA 010 LF, 71240 77ASSA0 11. STORM k"HOLE or OHS. 1 EACH 171000.00 7r,mOAO 12 STORM WNHOLE ev CPA, t SAC" 14,1)00.40 1N,m0AO 13. STORM MN HQUE 72• DU. 9 EACH $31mo 0 S10AWA0 14. aTOPol WNMOLe OW DNA, S EACH 4250041) SW,OWAD I.I. CATCH SASIN 00' 24 EAC71 53.00040 172,OWAO 19 INLET 240 D1A6 20 EACH 51901).00 S1D,p".00 IT. FLAPEDEMSECTICALWRDRATE 42' 1 EACH $1.900.00 51.000.00 C... . t0- STORM 907NVRE, PVC DCR2a B• 0.0 EACH S280.00 412,200AD 0. Omer mpnisomer4. Sub.Taw& 5260.84am 1, DYTUM"OUS SURFACE upse La', CLI Jams S.Y. b,70 134,40720 Z AW4WOA PWF,Atx7UASS lar CL IO,ESS a3% $4.7e 500,27a,73 0. AOGREOATE FA RI TYPES Itr 10,0.05 5;7, 710.2 tics,ff*OAD .73 4. CEOTFj[GUF FABRIC 8.6.12. EFAHWC 7,035 0.Y. SILOS $1a,15a.7a S. WIKeSGURE0. 0dAOOR) a-0.12 7,1)10. LF. S1I.70 701,10.2'01) 0. PCO 910EWALK rMGX, ON2' CA6 NATO S.F. WSO S100A45.00 7. PCC SIDEWALK ACROSS ORIVEWAY 5' MpC ON CAA 46000 R.P. KOO 71020041) S, STREET LD04I77NO GOMPLM 11 EACH S4AWJW 54011m.00 O. A010a4Y 1mIS0YerISH aao-TNUI- fAes,tre2a 1. TIRE NVDRANY W/AIOL VALVE AND I0. EAOI 52AmAD i70Am.m 2. vTM, DI aa2 WAaTIENOS 12' 1,31s LF, SM NO ITIA92M 9, WHA DIYie2 W�FI7'INCp3 C 21015 LF. WAS 702.147100 ' 4. wATOR aF7rvlcea,W70.00X r4.onO 43 EACH Wrom $77,020,40 S. WATER.SLRLO MY41941= 14$H6RT 20 EACH 079.00 111),579.0 G. VALVE 1T IN 8tr VAULT 0 EACH i2AEO.m 7124000.40 7. VALVE 8.1Naox 4 EACH 11.100.40 71,400.0 a. PLUG AND OLOLIC I7TUO S EACH 1M.00 $760.00 9. OOINECYTCCOOBVINCSIUO 1 EACH 10.40.40 10.00.40 9. WN7AEHCH 9AGIffEL, LNEAL NOGT 080 LF. S1S.W E, W4*,n14N lmplrnwlwllb 9ub-T4YNm 7224,000.40 1. 8AHRAR79EWa1L RR/C80R 21) V,, W,1G 09EP 770 LF. 726140 721,704.40 2. 0ANRMYWWER, IAGSO112S 4", 41WOEEP 1,510 LF. 725.40 SIO,260,W 3. *WffARYb1WMOLCTYPEA 4WDIA, IOt1SOEEP 4 EACH 12200.00 SIO,000.m A. SANITARY MANHOW,TYPE A 40' 1)y <iP DEEP 7 FJfj1 SLOOO.m 14,1)40.40 O• EAIIRARY OIQRVICSII LONG 20 EAON SIA60,0D SWOO.m N. EANITARY 3E1A.VICE6 SNORT 43 EACH HSm,m WASO.m T. SANITARY AENCH RACJO4L 410'DEEP 80 I.F. 520.m N, O" . R.34n1nY 94•arlaOtnDYem4Nq GO-Taws 147A}Lm - . tmd► mpfaa Rt1Ca-"07-2006 08: 04 From : OLD SECOND OF LISLE 6309611197 To : 6308920315 P . 4/4 Aug 04 2006 11o2PM Windham Deerpolnt Homes 630 - 866 - 1006 1214 EXHIBIT A SPACE00o INC. Page 2 of 2 nu .r e�.rnwanawa. UNrt M21 Q= Iota IM !M'[ SUSTOTALE 51,146,701.7E W% CONMENCT . 51141670_7! TOTALU 51A .fi tlGpAi I. This as*" b P17and read M pwd mood ul Emhndn5 PI&M b C26knia 6�►SYrm' OW IWW01, bat WM61 A01611. MOO. i TNa a\rNbYP'79�>te tlaSW.mly. ePACECO nggrmw>n.ah0.l.enulm.0 Hnotvr7 6c+n Ota �mun\ rdkAYd, utd wrtmw m rmyvod.Yaray. 0. 11 \ emuned NrtaS aoutlwf be p►Tal msle xld wren A N0 9nOrl Of lln/dI EOr•N tbnd. 1.TIAS rdn�t. Qf�y,dCLI1C4uei AERA/T PE[S h I.ANOWAPIN6 0. REVIEW FUR - d. UUVRWAYSMMGJM 1APAMS.TNo►R5 IL tWDMKW OF UNKWARLS"WRIAL E CFF8ITEROADWAYANOV"LOYNFROYE16EM91OCCM411LSRWD OWWV% 0L S IP TTAKY RB =NTENCGPMRWtrARY A.STORM SEVIF.R MiMM "LOTS41.44 St,AND MAU L EAISTNO STORM MWER RiWOYAL OR A&WMNVENTAS ReCARRm MY 7N5 CTIY• 1. MN55 ORMWM, ALL MAW ORADW4 ASS"DTO BEPERROWAM A0 PART OF MUSE I IWROVM*PZM. K SEE CMADMA MM0MSMdPKASW0 Wf rr SYSPACECO,IWC. oATFa oyleAS PORPM/$t< EREnImOriH. B YT\ aaUntla QM$NQ[ IdudK Mohrnerwa ro4Yr. EROSION COMPM CONSTRI)C710N ROAM WIUYW PAW aN r tax I Ili EXXi IIBIT B Page 1 of 2 THAT PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 20 IN CALEDONIA SUBDIVISION - 13/32 PHASE 1, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979, SAID POINT BEING A POINT ON THE NORTH LINE OF SOUTH 3 .33 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 88 DEGREES 17 MINUTES 09 SECONDS WEST ALONG THE LAST DESCRIBED LINE 504.61 FEET TO THE WEST LINE OF SAID SOUTH 3.33 CHAINS OF THE EAST 10 CHAINS; THENCE SOUTH 00 DEGREES 20 MINUTES 22 SECONDS EAST ALONG THE LAST DESCRIBED WEST LINE 217.87 FEET TO THE SOUTHWEST CORNER OF SAID 3.33 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 88 DEGREES 17 MINUTES 08 SECONDS WEST ALONG THE NORTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 6.20 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 24 MINUTES 20 SECONDS EAST ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 1323.91 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE NORTH 88 DEGREES 19 MINUTES 04 SECONDS EAST ALONG THE SOUTH LINE OF THE SOUTHWEST %- QUARTER OF SAID SECTION 17 A DISTANCE OF 299.99 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 71 DEGREES 38 MINUTES 54 SECONDS EAST 286.85 FEET, HAVING A RADIUS OF 500.00 FEET, AND ARC DISTANCE OF 290.94 FEET TO A POINT OF TANGENCY; THENCE NORTH 54 DEGREES 58 MINUTES 44 SECONDS EAST 106,33 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 71 DEGREES 39 MINUTES 15 SECONDS EAST 286.94 FEET, HAVING A RADIUS OF 500.00 FEET, AND ARC DISTANCE OF 219.04 FEET TO A POINT OF TANGENCY; THENCB NORTH 88 DEGREES 19 MINUTES 45 SECONDS EAST, 297.11 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 82 DEGREES 33 MINUTES 19 SECONDS EAST 158.42 FEET, HAVING A RADIUS OF 500.00 FEET, AN ARC DISTANCE OF 159.09 FEET TO A POINT ON THE WEST LINE OF YORKVILLE BUSINESS CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2000 AS DOCUMENT NUMBER 200000013808; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE LAST DESCRIBED LINE 82.96 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SAID YORKVILLE BUSINESS CENTER SUBDIVISION, BEING A CURVE TO THE RIGHT HAVING A CHORD BEARING OF SOUTH 72 DEGREES 54 MINUTES 47 SECONDS EAST 57.95 FEET, HAVING A RADIUS OF 580.00 FEET, AN ARC DISTANCE OF 57.97 FEET TO A POINT OF TANGENCY; THENCE SOUTH 70 DEGREES 02 MINUTES 13 SECONDS EAST, ALONG SAID NORTH LINE 195.40 FEET TO THE SOUTHWEST CORNER OF LOT 5 IN YORKVILLE BUSINESS CENTER UNIT 2, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 13, 2000 AS DOCUMENT NUMBER 200000012408; THENCE NORTH 00 DEGREES 12 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 5 AND THE NORTHERLY EXTENSION THEREOF 667.04 TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF YORKVILLE BUSINESS CENTER UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED MAY 21, 2001 AS DOCUMENT NUMBER 20010008620 (ALSO BEING THE SOUTH LINE EXTENDED WESTERLY OF FISHER'S SUBDIVISION); THENCE SOUTH 88 DEGREES 40 MINUTES 19 SECONDS WEST ALONG THE LAST DESCRIBED LINE, 90.47 FEET; THENCE SOUTH 81 DEGREES 04 MINUTES 01 SECONDS WEST 44.80 FEET; THENCE NORTH 27 DEGREES 42 MINUTES 32 SECONDS _ EXIIIBIT B Page 2 of 2 WEST 122.31 FEET; THENCE NORTH 29 DEGREES 44 MINUTES 13 SECONDS WEST 66.55 FEET; THENCE SOUTH 52 DEGREES 51 MINUTES 46 SECONDS WEST 126.31 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 85 DEGREES 46 MINUTES 29 SECONDS WEST 33.04 FEET, HAVING A RADIUS OF 25.00 FEET, AND ARC DISTANCE OF 36.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 49 DEGREES 02 MINUTES 55 SECONDS WEST 70.00 FEET, HAVING A RADIUS OF 433.00 FEET, AND ARC DISTANCE OF 70.07 FEET TO A POINT OF TANGENCY; THENCE NORTH 53 DEGREES 41 MINUTES 05 SECONDS WEST 132.97 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF SOUTH 53 DEGREES 59 MINUTES 49 SECONDS WEST 236.07 FEET, HAVING A RADIUS OF 287.00 FEET, AN ARC DISTANCE OF 243.29 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 55 DEGREES 35 MINUTES 23 SECONDS WEST 36.05 FEET, HAVING A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 40.26 FEET TO A POINT ON THE EAST LINE OF LONGVIEW DRIVE, DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979; THENCE SOUTH 03 DEGREES 22 MINUTES 13 SECONDS EAST ALONG THE LAST DESCRIBED LINE, NON-TANGENT TO THE PREVIOUSLY DESCRIBED COURSE, 112.90 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST ALONG THE LAST DESCRIBED LINE 1 19.42 FEET TO THE NORTHWEST CORNER OF LOT 61 IN SAID CALEDONIA SUBDIVISION-PHASE 1; THENCE NORTH 89 DEGREES 36 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF LOTS 61 THROUGH 57 IN SAID CALEDONIA SUBDIVISION-PHASE 1 AND THE EASTERLY EXTENSION THEREOF 13/32, 489.42 FEET TO A POINT ON A NON-TANGENT CURVE, SAID CURVE BEING THE EASTERLY LINE OF WHEATON AVENUE DEDICATED MARCH 163 2006 AS DOCUMENT NUMBER 2060007979; THENCE SOUTHERLY 77.99 FEET ALONG THE LAST DESCRIBED EASTERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 433.00 FEET AND WHOSE CHORD BEARS SOUTH 05 DEGREE 33 MINUTES 19 SECONDS EAST 77.89 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST ALONG THE LAST DESCRIBED EASTERLY LINE 347.43 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTH LINE OF LOTS 52 THROUGH 56 AND THE EASTERLY EXTENSION THEREOF 496.42 FEET TO A POINT ON THE EASTERLY LINE OF SAID LONGVIEW DRIVE; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST 246.00 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTHERLY LINE OF SHADOW WOOD DRIVE, DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979 A DISTANCE OF 173.38 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE 164.56 FEET BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 14200 FEET AND WHOSE CHORD BEARS SOUTH 56 DEGREES 24 MINUTES 18 SECONDS WEST 155.50 FEET; THENCE NORTH 66 DEGREES 47 MINUTES 42 SECONDS WEST 66.37 FEET TO THE SOUTHEAST CORNER OF LOT 32 IN SAID CALEDONIA SUBDIVISION-PHASE 1 ; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 32 A DISTANCE OF I ST68 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST ALONG THE WEST LINE LOTS 21 THROUGH 32 IN SAID CALEDONIA SUBDIVISION-PHASE 1, AND THE NORTHERLY EXTENSION THEREOF 935.58 FEET TO A POINT ON THE NORTH LINE OF CALEDONIA DRIVE DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979; THENCE NORTH 89 DEGREES 36 MINUTES 18 SECONDS EAST ALONG SAID NORTH LINE 165.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 20 A DISTANCE OF 146. 14 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. i _ Telepbone(630) 96 6-1000 Telempier(630) 966-1005 March 12, 2007 Hand Delivered Joe Wywrot Yorkville City Engineer United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Re: Caledonia Subdivision Phase II Landscaping Letter of Credit No. 309000356 i Dear Joe: This letter is to confirm that we agree that the Lob B landscaping will be included in the Phase II r Letter of Credit for the Caledonia Subdivision. When the time comes for a reduction in the remaining Letter of Credit amount, the amount of reduction will be reduced by the amount of - remaining work to be done for landscaping on Lot B in accordance with the City approved estimate of cost. If you need any further information, please contact me. Yours truly, Richard M Guerard RMG/jmh Eno. cc: Laura Haake, City Park Designer,United City of Yorkville i i C 605 LINDSAY CIRCLE, NORTH AURORAh IL 60542 W W W.W YDP.COM Old Second Old Second National Bank March 9, 2007 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision Phase II Irrevocable Letter of Credit No. 309000356 For Account of Wyndham Deerpoint Homes Amount: $ 82,027.00 Gentlemen: Old Second National Bank ("Bank"), by Frederick F. Sinkovits, Sr. Vice President, its duly authorized agent, hereby establishes and issues this Irrevocable Letter of Credit ("Letter of �. Credit") in favor of the City of Yorkville ("City") in the amount of $ 82,027.00, which represents 110% of the cost of the improvements described herein. Such Letter of Credit is available to be drawn upon by the City upon presentation to this Bank of your demand for payment accompanied by a copy of this Letter of Credit. This Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision per the cost estimate prepared by Gary R. Weber dated 02/08/07: Phase H Shade Trees $74,570,00 Contingency 10% $ 7,457.00 Total $82,027,00 The development is legally described as follows: Attached as Exhibit A Said public improvements shall be constructed by Wyndham Deerpoint Homes, ("our Customer" and "Owner"), in accordance with the plans, specifications and cost estimates. 37 S.River St.,Aurora,IL 60506,630-892-0202 • 555 Redwood Dr.,Aurora,IL 60506,630-844-3555 • 1350 N.Farnsworth Ave,Aurora,IL 60505,630.851.7700 1230 N.Orchard Road,Aurora,IL 60506,630-966-1300 • 4080 Fox Valley Ctr.Dr.,Aurora,IL 60504-4109,630-499-4330 200 W.John 5t.,North Aurora,IL 60542-1685,630-859-3400 • 1991 W.Wilson 5t.,Batavia, IL 60510,630406-1000 • 23 S.Fourth St.,Geneva,IL 60134,630-208-0210 8015.Kirk Road Sr Charles,IL 60174,630-762-3840 • BBB N.LaFox Street,South Elgin,IL 60177,847-760-6008 • 1200 Douglas Rd,Oswego,IL 60543-8956,630-551-1200 Route 47 ® Cross St,Sugar Grove, IL 60554,630.466-4841 • 5024 Ace Ln.,Naperville, IL 60564-8171,630.527-6490 www.o2bancorp.com 3101 E.Ogden Ave.,Lisle, IL 60532-1678,630-305-4644 • 2761 Black Road,Joliet,IL 60435,615-744.2221 Member FDIC l7 i Wyndham Deerpoint Homes Letter of Credit No. 309000356 Page 2 The Bank agrees that this Letter of Credit shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Letter of Credit shall expire on February 14, 2009 provided, however, the Bank notifies the City Clerk by certified mail, return receipt requested, or by overnight courier, at least ninety (90) days prior to said expiration date, that this Letter of Credit is about to expire. In no event shall this Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the Bank that the above expiration date shall be extended as required to comply with this notice provision, This Letter of Credit shall remain in effect until February 14, 2009, without regard to any default in payment of money owed to the Bank by our Customer and without regard to other claims which the Bank may have against our Customer, and in no event shall terminate without notice as specified above. This Letter of Credit may be renewed by the Bank or our Customer prior to the above expiration date by submitting an Amendment to this Letter of Credit or a new Letter of Credit to the same form and substance as this Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above described improvements. The following shall entitle the City to make demand on this Letter of Credit: 1 . that said Letter of Credit will expire within thirty (30) days and has not been renewed; or 2. that the aforesaid improvements have not been completed by the Owner at least thirty (30) days prior to the aforesaid expiration date; or 3. that the Owner has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4. that the City has determined that the Owner has demonstrated that they will be unable to complete the improvement; or S. that the City has determined that the public improvements or other improvements covered by this Letter of Credit have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties; or Wyndham Deerpoint Homes Letter of Credit No. 309000356 Page 3 6. that if more funds are disbursed at this time on order of the Owner insufficient funds will remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the Owner has been notified that the municipality finds that a breach of the Owner's obligations has occurred and has not been cured within a period of thirty (30) days. The Bank's obligation to the City is based solely on the terms and conditions of this Letter of Credit between the Bank and the City and is not subject to instructions from our Customer. It is recognized that the City has directed our Customer to proceed with the construction of public improvements upon the guarantee of this Letter of Credit. It is further acknowledged that the consideration for this Letter of Credit is provided by agreements between this Bank and our Customer. This Letter of Credit sets forth in full the terms of this undertaking between the Bank and the City, and such undertaking shall not in any way be modified, amended, amplified, nor shall it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or j agreement. Demands on this Letter of Credit shall be made by presenting the Bank, directed to the attention Loan Servicing, 37 S. River St., Aurora, IL 60507, with a letter from the City Clerk demanding payment accompanied by the certificate of the City Clerk certifying the basis for the default and demand on this Letter of Credit. In respect to the written certification above, the Bank is authorized to accept the certification as binding and correct without investigation or responsibility for the accuracy, veracity, correctness or validity of the same or any part thereof. The Bank agrees that this Letter of Credit shall not be reduced or discharged except upon receipt of a certificate of the City Clerk certifying that this Letter of Credit may be reduced. The outstanding balance of this Letter of Credit shall be the face amount of this Letter of Credit less any amount which is discharged upon certificate of the City Clerk; Provided however, the outstanding balance of this Letter of Credit shall not be reduced to less than 15% of the approved cost estimate upon which this Letter of Credit is based until the City Council accepts the aforementioned improvements and a certificate of the City Clerk certifying that the Letter of Credit has been released by the City Council of the City. Wyndham Deerpoint Homes Letter of Credit No. 309000356 . ICI Page 4 All acts, requirements and other preconditions for the issuance of this Letter of Credit have been completed. The Bank further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Letter of Credit in accordance with its terms. The Bank hereby engages with the City that all demands for payment in conformity with the terns of this Letter of Credit will be duly honored on presentation to us prior to expiration of this Letter of Credit. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. Old Second National Bank Frederick F. Sinkovits ( Sr. Vice President I II I I • i I EXHIBIT A Pin No.: 02-17-100-013; 02-17-201-009 THAT PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 20 IN CALEDONIA SUBDIVISION - 13132 PHASE 1 , BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979, SAID POINT BEING A POINT ON THE NORTH LINE OF SOUTH 3.33 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 88 DEGREES 17 MINUTES 09 SECONDS WEST ALONG THE LAST DESCRIBED LINE 504.61 FEET TO THE WEST LINE OF SAID SOUTH 3.33 CHAINS OF THE EAST 10 CHAINS; THENCE SOUTH 00 DEGREES 20 MINUTES 22 SECONDS EAST ALONG THE LAST DESCRIBED WEST LINE 217.87 FEET TO THE SOUTHWEST CORNER OF SAID 3.33 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 88 DEGREES 17 MINUTES 08 SECONDS WEST ALONG THE NORTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 6,20 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 24 MINUTES 20 SECONDS EAST ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 1323.91 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE NORTH 88 DEGREES 19 MINUTES 04 SECONDS EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 299.99 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 71 DEGREES 38 MINUTES 54 SECONDS EAST 286.85 FEET, HAVING A RADIUS OF 500.00 FEET, AND ARC DISTANCE OF 290.94 FEET TO A POINT OF TANGENCY; THENCE NORTH 54 DEGREES 58 MINUTES 44 SECONDS EAST 106.33 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 71 DEGREES 39 MINUTES 15 SECONDS EAST 286.94 FEET, HAVING A RADIUS OF 500.00 FEET, AND ARC DISTANCE OF 219.04 FEET TO A POINT OF TANGENCY; THENCE NORTH 88 DEGREES 19 MINUTES 46 SECONDS EAST, 297. 11 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT, HAVING A CHORD BEARING OF SOUTH 82 DEGREES 33 MINUTES 19 SECONDS EAST 158.42 FEET, HAVING A RADIUS OF 500.00 FEET, AN ARC DISTANCE OF 159.09 FEET TO A POINT ON THE WEST LINE OF YORKVILLE BUSINESS CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2000 AS DOCUMENT NUMBER 200000013808; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE LAST DESCRIBED LINE 82.96 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SAID YORKVILLE BUSINESS CENTER SUBDIVISION, BEING A CURVE TO THE RIGHT HAVING A CHORD BEARING OF SOUTH 72 DEGREES 54 MINUTES 47 SECONDS EAST 57.95 FEET, HAVING A RADIUS OF 580.00 FEET, AN ARC DISTANCE OF 57.97 FEET TO A POINT OF TANGENCY; THENCE SOUTH 70 DEGREES 02 MINUTES 13 SECONDS EAST, ALONG SAID NORTH LINE 195.40 FEET TO THE SOUTHWEST CORNER OF LOT 5 IN YORKVILLE BUSINESS CENTER UNIT 2, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 13, 2000 AS DOCUMENT NUMBER 200000012408; THENCE NORTH 00 DEGREES 12 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 5 AND THE NORTHERLY EXTENSION THEREOF 667.04 TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF YORKVILLE BUSINESS CENTER UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED MAY 21 , 2001 AS DOCUMENT NUMBER 20010008620 (ALSO BEING THE SOUTH LINE EXTENDED WESTERLY OF FISHER'S SUBDIVISION); THENCE SOUTH 88 DEGREES 40 MINUTES 19 SECONDS WEST ALONG THE LAST DESCRIBED LINE, 90.47 FEET; . i i THENCE SOUTH 81 DEGREES 04 MINUTES 01 SECONDS WEST 44.80 FEET; THENCE NORTH 27 DEGREES 42 MINUTES 32 SECONDS WEST 122.31 FEET; THENCE NORTH 29 DEGREES 44 MINUTES 13 SECONDS WEST 66.55 FEET; THENCE SOUTH 52 DEGREES 61 MINUTES 46 SECONDS WEST 126.31 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 85 DEGREES 46 MINUTES 29 SECONDS WEST 33.04 FEET, HAVING A RADIUS OF 25.00 FEET, AND ARC DISTANCE OF 36. 10 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 49 DEGREES 02 MINUTES 65 SECONDS WEST 70.00 FEET, HAVING A RADIUS OF 433.00 FEET, AND ARC DISTANCE OF 70.07 FEET TO A POINT OF TANGENCY; THENCE NORTH 53 DEGREES 41 MINUTES 05 SECONDS WEST 132.97 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF SOUTH 53 DEGREES 59 MINUTES 49 SECONDS WEST 236.07 FEET, HAVING A RADIUS OF 287.00 FEET, AN ARC DISTANCE OF 243.29 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 55 DEGREES 35 MINUTES 23 SECONDS WEST 36.05 FEET, HAVING A RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 40.26 FEET TO A POINT ON THE EAST LINE OF LONGVIEW DRIVE, DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979; THENCE SOUTH 03 DEGREES 22 MINUTES 13 SECONDS EAST ALONG THE LAST DESCRIBED LINE, NON-TANGENT TO THE PREVIOUSLY DESCRIBED COURSE, 112.90 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST ALONG THE LAST DESCRIBED LINE 119.42 FEET TO THE NORTHWEST CORNER OF LOT 61 IN SAID CALEDONIA SUBDIVISION- PHASE 1 ; THENCE NORTH 89 DEGREES 36 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF LOTS 61 THROUGH 57 IN SAID CALEDONIA SUBDIVISION-PHASE 1 AND THE EASTERLY EXTENSION THEREOF 13/32, 489.42 FEET TO A POINT ON A NON-TANGENT CURVE, SAID CURVE BEING THE EASTERLY LINE OF WHEATON AVENUE DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979; THENCE SOUTHERLY 77.99 FEET ALONG THE LAST DESCRIBED EASTERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 433.00 FEET AND WHOSE CHORD BEARS SOUTH 05 DEGREE 33 MINUTES 19 SECONDS EAST 77.89 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST ALONG THE LAST DESCRIBED EASTERLY LINE 347.43 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTH LINE OF LOTS 52 THROUGH 56 AND THE EASTERLY EXTENSION THEREOF 496.42 FEET TO A POINT ON THE EASTERLY LINE OF SAID LONGVIEW DRIVE; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST 246.00 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTHERLY LINE OF SHADOW WOOD DRIVE, DEDICATED MARCH 16, 2006 AS DOCUMENT NUMBER 2060007979 A DISTANCE OF 173.38 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE 164.56 FEET BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 142.00 FEET AND WHOSE CHORD BEARS SOUTH 56 DEGREES 24 MINUTES 18 SECONDS WEST 155.50 FEET; THENCE NORTH 66 DEGREES 47 MINUTES 42 SECONDS WEST 66.37 FEET TO THE SOUTHEAST CORNER OF LOT 32 IN SAID CALEDONIA SUBDIVISION-PHASE 1 ; THENCE SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 32 A DISTANCE OF 187.68 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST ALONG THE WEST LINE LOTS 21 THROUGH 32 IN SAID CALEDONIA SUBDIVISION-PHASE 1 , AND THE NORTHERLY EXTENSION THEREOF 935.58 FEET TO A POINT ON THE NORTH LINE OF CALEDONIA DRIVE DEDICATED MARCH 162 2006 AS DOCUMENT NUMBER 2060007979; THENCE NORTH 89 DEGREES 36 MINUTES 18 SECONDS EAST ALONG SAID NORTH LINE 165.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20; THENCE NORTH 00 DEGREES 23 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 20 A DISTANCE OF 146. 14 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. Old Second Right sized banking. j I May 25, 2010 AMENDMENT NO. 1 TO IRREVOCABLE LETTER OF CREDIT NO. 309000356 i Mayor and Aldermen United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Caledonia Subdivision — Phase II Landscaping Gentlemen: i Please be advised that Wyndham Deerpoint Homes has sold the property associated with the - above referenced Letter of Credit to Ziemia, LLC. At the request of Wyndham Deerpoint Homes and Ziemia, LLC and per your acceptance below (signed copy of this Amendment to be returned to the Bank), Old Second National Bank hereby amends this Letter of Credit as follows: Wyndham Deerpoint Homes, further identified as "our Customer" and "Owner" throughout the original Letter of Credit, is hereby changed to Ziemia, LLC. The amount of this Letter of Credit remains at $69,866.50. All other terms and conditions remain the same. Sincerely, Dana Hopp 1" Vice President Old Second National Bank 37 S. River St. Aurora, IL 60506 (630) 906-5509 www.oldsecondcom Old Second National Bank Member FDIC WNW Letter of Credit No. 309000356 Page Two ACCEPTANCE: The above changes are hereby acknowledged and agreed to. United City of Yorkville (Signature) (Name and Title) i I ,SAD Co. Reviewed By: Agenda Item Number i d01% Legal ❑ NB #6 Finance ❑ EST. 1836 Engineer ■ - City Administrator ❑' Tracking Number "- Human Resources ❑ "$ �© Community Development ❑❑ PW 2013-44 Police ALE �► � Public Works ❑ Agenda Item Summary Memo Title: Road Program Update Meeting and Date: PW Committee— September 17, 2013 Synopsis: Update Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: None Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: D Cll o Memorandum S : " To: Bart Olson, City Administrator EST. 1Z _ leas From: Brad Sanderson, EEI {O L `` CC: Eric Dhuse, Director of Public Works p Krysti Barksdale-Noble, Community Dev. Dir. <LECo� ,Z Lisa Pickering, Deputy City Clerk Date: September 11, 2013 Subject: Road to Better Roads Program Update The purpose of this memo is to update the Committee as to the status of the City's Road to Better Roads Program. 2013 Program Status Underground Improvements — The Bristol Avenue Water main Improvements are substantially complete. Roadway Improvements—The contracts for the MFT and Non-MFT road projects were awarded at the September 10, 2013 City Council meeting. We are anticipating that the work will be completed by the end of October. We have attached a copy of the location of the proposed improvements for your information. 2014 Proposed Program As previously noted to the committee, there will be several underground improvements to go along with the proposed roadway improvements. Those underground improvements will likely involve water main replacement, sanitary sewer upgrades and drainage improvements. Attached are exhibits highlighting those potential improvements. Our intentions are to prepare preliminary cost estimates as well as further refine the limits of construction for 2014 and present at the October committee meeting. Draft engineering agreements will most likely also be presented at the October committee meeting for consideration. A draft of the proposed schedule for the 2014 improvements is attached for your information. 11111E; . ■ I. . - woman ti ■IWIN ■� Ni ■E■NI■ , i • MM mmmmolm ;: ■ X11 ■11■■11 � . ��111111111111/1� �' bi1111I ��' i� ■ `�; ■ � 111111�l�1�111� �� • ■11111 ��- �I�I��111� �� . �� 111111 �� X111■ ICI ■� `�' WIN � - -:1/ ■11111 �i !�„�' � �� I 111■ ��R �� Ilii�� 1 111111/� �`r ■� 11� _ - 1 � 11/l� �111� ■ �■■ ��1 +111111 VIII! ■�� :�I/■ �■ ■■ ■ 1111 �■ : ■� ■■ 11 � � ��. �■ � i■ ■ 711 r+�,! :� � .1111 ■ � �■ ■��-- ■� i 1111111` ■ 1■■1■� �/i ■; ■i � �!� t1■ ■ 111 NINE, 0 11�1�Big RV SM Now Engineering Enterprises, Inc. 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Onited City of Yorkville �:�rvo. 2014 SANITARY,STORM,AND O 800 Game Farm Road PROPOSED STORM "ussa Y,r 011,a 605w WATER MAIN IMPROVEMENTS SEWER IMPROVEMENTS c eioa *w UNITED CITY OF YORKVILLE,ILLINOIS weGm ErtgineeringErtterprlses,lrtc. I ^ O O PROJECT SCHEDULE PROPOSED 2014 ROADWAY IMPROVEMENTS United City of Yorkville,IL 2 DRAFT September 11,2013 Year: 2013 2014 Montfl 0©©0©000©0©0 00©0©000©0©0 WORK ITEM I® i Flrzotd Final Design-Plans,Specifications and Estimates Permitting Bidding and Contracting FINAL DESIGN-UNDERGROUND ------------------------ BIDDING AND CONTRACTING•UNDERGROUND CONSTRUCTION-UNDERGROUND FINAL DESIGN-ROADWAY Plans Specifications and Estimates BIDDING AND CONTRACTING-ROADWAY ing and Contracting truction Legend IEPA Submittal and Review Bidding and Contracting Final CONSTRUCTION-ROADWAY Design Reviewed By: Agenda Item Number 6 Legal ❑ NB #7 Finance ❑ EST. -� __ti 1838 Engineer ■ -- City Administrator ❑ Tracking Number m Human Resources ❑ 3! �"V.* C) Community Development ❑ `,� ❑ PW 2013-45 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Game Farm Road/ Somonauk Improvements Meeting and Date: public Works— September 17, 2013 Synopsis: Project Update Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: None Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. _ 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: September 10, 2013 Subject: Game Farm/ Somonauk Improvements The purpose of this memo is to provide an update as to the status of the overall project. The proposed project schedule is as shown in the attached document. Generally, we are targeting the November 2014 letting, which would mean a construction start in Spring 2015. To make the letting date,pre-final plans are due to IDOT no later than July 2014. Prior to July 2014, we will be working on the following: • Updating of Plans, Specifications and Estimates • Applying for IEPA Permits • Completion of Land Acquisition (currently 19 out of 33 have been acquired). • Contacting Private Utility Companies If you have any questions or require additional information,please let us know. PROJECT SCHEDULE Engineering Enterprises,Ini GAME FARM ROAD/SOMONAUK STREET IMPROVEMENTS United City of Yorkville,IL September 5,2013 DRAFT Year: 2013 2014 2015 2016 Month: J F I M I A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D LAND ACQUISITION WORK ITEM City FY: Land Ac uisition • . Final Desi n IEPA Permit Submittal and Review Pre-Final Plan Submittal ]DOT Review Final Plan Submittal Joint and Phase III Construction Agreement Submittal c•• MEMMEMEMEMENEMEMEME MEN Pro c!Lettin Pro'ecl Award and Contracting Construction G:\Publlc\Y,Mllile\2011\Y01113-C Game F,m S=m,uk Improvements\Eng\[Project Schedule-September 2O13.AsIProject Schedule Legend Land Acquisition Bidding and Contractin Note: Target Letting November 2014;Pre-Final Plans due July 2014;Final Plans due Mid-September 2014 Agency Review Construction Final Design 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El OB #1 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator E] Tracking Number .4 City y Human Resources El� Wn sw _© Community Development ❑ PW 2013-22 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Sunflower Estates Drainage—Walsh Drive Meeting and Date: PW Committee— September 17, 2013 Synopsis: Status Update Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: None Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Memorandum � 1836 EST. To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works � Krysti Barksdale-Noble, Community Dev. Dir. LE Lisa Pickering, Deputy City Clerk Date: September 9, 2013 Subject: Walsh Drive This memo is to update the Public Works Committee as to the status of the improvements. As previously noted, staff is attempting to reach out to the adjacent property owner in order to coordinate a solution (see attached letter). At this point, we have been unable to connect and schedule a meeting. The final solution to the drainage issue will most likely require cooperation from the landowner. Staff will continue to attempt to make contact with the landowner. a August 7, 2013 Park National Bank& Cosmopolitan Bank& Trust C/O Roxanne Pilat 2271 Palmer Circle Naperville, IL 60564 Re: Parcels— 05-05-443-017& 05-05-400-037 United City of Yorkville, Kendall County, Illinois Dear Ms. Pilat: This letter is to formally request a meeting with the property owner and the City to discuss potential solutions to a drainage issue that exists on the two parcels noted above and within the Sunflower Estates development. Please contact me at 630-466-6700 or at bsanderson _eeiweb.com at your earliest convenience to schedule a meeting with City Staff or if you have any questions. Sincerely, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Krysti Barksdale-Noble, Community Development Director Ms. Lisa Pickering, Deputy Clerk G APublic\Yorkville\2013\Y01325-P Walsh Drive Drainage Improvements\Dots\I property owner 01.doc Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax — www.eeiw'• • +. �. + ! ♦ �c r Legend r C, �--� r Existing Storm Sewer Ir I01M - ...4. 4 v '71 1+bra t- I .15"P.U.AND-DRAIMAGE,• III• t � , 21" EASEMENT .• --. r _ - - - 244. 30 3640 41 - 421, Major Cu Ivert ,4 Manhole „ t iV, ` d Catchbasin 05-05-400-037 Inlet Cosmopolitan Bank Flared End Section Proposed Storm Sewer Proposed Manhole 0 '4 Proposed Flared End Section ' EXISTING 12" RCP CULVERT a 05-05-443-017 ; Park National Bank stage coach EXISTING CD BOX CULVERT 0 100 200 r - CD — - - Feet DATE, Engineering Enterprises, Inc. United City of Yorkville PROJECT NO.- AUGUST 2013 N Walsh Drive LOCATION MAP `1 ��/ ; �I�I I•c .o !� UPI (.a1 IE F��IIn f,. tiri v01325 BY: Drainage Improvements KKP United City of Yorkville Kendall County,Illinois PATH: Ooh I'I "I")1011 I/�'//"!/i!.' H.1G_IS\PUBLICIVORKVILLE,2013 NO. DATE REVISIONS FILE: Yo 1325 Loca[Ion..mx0