Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Public Works Packet 2007 11-06-07
I o ciry United City of Yorkville Z, 800 Game Farm Road EST. IB36 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 CE X AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, November 6, 2007 7:00 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: October 2, 2007 New Business: 1. PW 2007-153 Water Department Report for July 2007 2. PW 2007-154 Water Department Report for August 2007 3. PW 2007-155 Proposed Public Works Committee 2008 Meeting Schedule 4. PW 2007-156 Responsible Bidder Ordinance 5. PW 2007-157 Well No. 4 Rehabilitation — Sole Source Contractor 6. PW 2007-158 Raintree Village Units 1-6 — Letter of Credit Reductions 7. PW 2007-159 Fountain Village — IDOT Highway Permit 8. PW 2007-160 In-Town Road Program— Sidewalk Easement Agreement 9. PW 2007-161 In-Town Road Program — Proposed Addendum #1 for Engineering Services 10. PW 2007-162 Route 34/Sycamore Intersection Improvements — Agreements 11. PW 2007-163 Capital Project Performance Incentives/Penalties Discussion 12. PW 2007-164 Cannonball Road & Route 47 Intersection Design Discussion 13. PW 2007-165 Speedway Station— Storm Sewer Replacement 14. PW 2007-166 Autumn Creek Unit 1 — Bond Reduction No. 1 15. PW 2007-167 Kendallwood Estates — Offsite Easement 16. PW 2007-168 Game Farm Road/Somonauk Street— Plat of Highways Addendum #1 Page 2 Public Works Committee November 6, 2007 17. PW 2007- 169 Monthly Tool Inventory 18 . PW 2007- 170 Request to Purchase Two Pick-Up Trucks for Public Works Department 19. PW 2007- 171 Kendall Marketplace — Temporary Entrance Permit Bond I 20. PW 2007- 172 Gruber-Kostal Dental Office — Release of Letter of Credit 21 . PW 2007- 173 Cannonball Estates — Alice Avenue Storm Sewer 22. PW 2007- 174 Cannonball Estates — Storm Sewer Final Acceptance and LOC Reduction No. 7 23 . PW 2007- 175 Yorkville Market Square — Letter of Credit Reduction #1 24. PW 2007- 176 Grande Reserve Unit 23 — Sitework Letter of Credit Reduction # 1 25 . PW 2007- 177 Autumn Creek Unit 2 — Plat of Easement 26. PW 2007- 178 Wells 3 & 4 Treatment Facility — Change Order 95 Old Business : 1 . PW 2007- 147 Road Fee Policy — Discussion 2. PW 2007- 133 Grande Reserve Regional Park — AT&T Utility Easement — Update Additional Business: UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, November 6, 2007 7 :00 PM CITY CONFERENCE ROOM ------------------ ----------------------------------------- ----------------------------------------------- ---------------------- MINUTES FOR CORRECTION/APPROVAL: 1 . October 2, 2007 ❑ Approved ❑ As presented ❑ With changes ----------------------------------------------------- ------------------------------------------------- ----------------- NEW BUSINESS: ------......--------.....-------------------------------------------------------------------------------------------------------------- 1 . PW 2007- 153 Water Department Report for July 2007 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other -------------- ------------------------------ --------------------------- -- - ---------------- 2. PW 2007-154 Water Department Report for August 2007 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ----------- ---------- ---------------------------------------------- -------------------------------- --------------------------- 3 . PW 2007- 155 Proposed Public Works Committee 2008 Meeting Schedule ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2007- 156 Responsible Bidder Ordinance ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------------- ---------------------- ----------------- ------------------------- - --------------- 5. PW 2007-157 Well No. 4 Rehabilitation — Sole Source Contractor ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2007- 158 Raintree Village Units 1 -6 — Letter of Credit Reductions ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2007- 159 Fountain Village — IDOT Highway Permit ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ---------------------------------- - ----------------------- -------------------- --------------------------------- 8. PW 2007-160 In-Town Road Program — Sidewalk Easement Agreement ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ----------------- -------- ------------------ ------- --------------- 9. PW 2007-161 In-Town Road Program — Proposed Addendum #1 for Engineering Services ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2007-162 Route 34/Sycamore Intersection Improvements - Agreements ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ----------- ----------------------------- -------------------------------------------- -------------------------------- 11 . PW 2007- 163 Capital Project Performance Incentives/Penalties ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 12. PW 2007- 164 Cannonball Road & Route 47 Intersection Design Discussion ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ---------------------------------------------------------------------------------------------------------.............................. 13. PW 2007-165 Speedway Station — Storm Sewer Replacement ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------------------........................--------.....................-------------------------------........................... 14. PW 2007-166 Autumn Creek Unit 1 — Bond Reduction No. 1 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------------ --------- ----------- ------------------ - ----------------------------------- 15. PW 2007 467 Kendallwood Estates — Offsite Easement ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------------------------------------------------------------------------------------------------------------------------------ --- 16. PW 2007-168 Game Farm Road/Somonauk Street — Plat of Highways Addendum #1 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other -------------- ---------------------------------------------------------------------------- ------------------------------------------ 17. PW 2007-169 Monthly Tool Inventory ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 18. PW 2007- 170 Request to Purchase Two Pick-Up Trucks for Public Works Department ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------------------------------------------............--------------------------------------------------------------............. 19. PW 2007-171 Kendall Marketplace — Temporary Entrance Permit Bond ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ----------------.............---------------------------------------------------------------------------------- ------------------------ 20. PW 2007- 172 Gruber-Kostel Dental Office — Release of Letter of Credit ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------ -- ------ -------------------------- ---------------------- 21 . PW 2007-173 Cannonball Estates — Alice Avenue Storm Sewer ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------..........--------------------------- 22. PW 2007-174 Cannonball Estates — Storm Sewer Final Acceptance and LOC Reduction No. 7 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 23 . PW 2007- 175 Yorkville Market Square — Letter of Credit Reduction 91 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------- --------- ------------------------------- -------- ----------------------------- --------------- 24. PW 2007- 176 Grande Reserve Unit 23 — Sitework Letter of Credit Reduction ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other -----------------------------------------------------------------------------------------------------------------...................... 25. PW 2007- 177 Autumn Creek Unit 2 — Plat of Easement ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ----------- ----------- -------------------------- ------------------------------------ -- -------------------------------- 26. PW 2007- 178 Wells 3 & 4 Treatment Facility — Change Order #5 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2007- 147 Road Fee Policy — Discussion ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------............. 2. PW 2007- 133 Grande Reserve Regional Park — AT&T Utility Easement — Update ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ---------- ------- ----------------------- - ---------------- -------------------------------------------- --------------- ADDITIONAL BUSINESS: - --------------------------------------------------------------------------------------------------------------------------------------- Page I of 2 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING TUESDAY, OCTOBER 2, 2007 7:00 P.M. City Hall Conference Room PRESENT: Alderman Joe Besco, Chairman Andy Fitz, Montalbano Homes Alderman Joe Plocker Tony Scott, Record Alderman Jason Leslie Kelly Kramer, attorney Alderwoman Robyn Sutcliff Tony Graff Public Works Director Eric Dhuse Paul Lope City Engineer Joe Wywrot The meeting was called to order at 7:00 pm. by Joe Besco. Presentations: None. Minutes for Correction/Approval: September 4, 2007 — The minutes were approved as presented. New Business 5. PW 2007-148 Bid Opening Result for Vehicles and Equipment — This will move on to COW on Consent Agenda. 1. PW 2007-144 Monthly Tool Inventory — This is informational. No further action is necessary. 2. PW 2007-145 Rob Roy Creek Interceptor (North Branch 1) — Change Order #3 — This will move on to COW on Consent Agenda. 3, PW 2007-146116-118 E. Washington Street — Plat of Easement — This will move on to COW on Consent Agenda. 4. PW 2007-147 Road Fee Policy — This is for existing roads that become city roads when they are annexed. There is an increase in the fee, but not an increase in the total developer cost. Andy Fitz was concerned about the fees. He said that Yorkville has the highest fees in the area. Mike Roth will be contacted. EEI has done work on this type of situation. This will come back to committee. 6. PW 2007-149 584 Poplar Drive — Drainage Issue — The water backed up and flowed over the basement window wells. There was $3,150 in content damage. There is no swale between yards, and grading modifications will have to be made. Mike Roth will be contacted. This will go on to a future COW. 7, PW 2007-150 Fountainview — IDOT Highway Permit No. 1 — This will go on to COW on Consent Agenda. 8. PW 2007-151 Somonauk Street (Rt. 47 — Colton) — On-Street Parking Ban — This will be sent to Public Safety. Page 2 of 2 Old Business 1. PW 2007-133 Grande Reserve Regional Park — AT&T Utility Easement — Update — Mike Roth has reviewed this. There are restrictions on the allowable uses of the easement. This will come back to committee. 2. PW 2007-134 Proposed Wetland Ordinance — This came from the Conservation Design forum in 2004. It has gone through extensive staff and Ad-hoc committee review. Andy Fitz asked if there were map of the wetlands around Yorkville and how many were needed. He asked if this would apply to roadside ditches or farmed wetlands, and if the size of the wetland would be taken into consideration. This will go on the COW for discussion. 3. PW 2007-108 In-Town Road Program Phase 3 — Update — Roads to add include Candlebury Court in Wildwood subdivision as well as East and West Kendall. This will go on to COW for discussion. 4. PW 2007-121 Proposed Amendment to City Code Regarding Dutch Elm Disease — This will go on to COW for discussion. 5. PW 2007-126 Provena-Dryer Storm water Basin — Update — There has been no conclusion on how to proceed. This will come back to committee. Additional Business The memo on the Fox Street Storm Sewer will go on to COW with no recommendation. The meeting was adjourned at 8 :04 P.M. Minutes submitted by Laura Leppert N E w to ESQ United City of Yorkville P w a cLTT- l5 b WATER DEPARTMENT REPORT JULY 2007 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEE FEET FE GALLONS 3 1335 463 206 6,069,000 4 1393 542 189 13,772,000 7 1500 883 550 9,052,900 8 1500 861 476 44,000 9 1500 1125 577 27,652,000 TOTAL 56,589,900 CURRENT MONTH'S PUMPAGE IS 8,018.700 GALLONS MORE/ SS HAN LAST MONTH 16.968,900 GALLONS MORE LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,765,300 GALLONS DAILY MAXIMUM PUMPED: 9,151,400 GALLONS DAILY AVERAGE PER CAPITA USE: 176.5 GALLONS WATER TREATM ENT CHLORINE FED:1946.5 LBS. CALCULATED CONCENTRATION: 4.0 MG/L FLUORIDE FED: 827 LBS. CALCULATED CONCENTRATION: 0.31 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 2 SAMPLE(S)TAKEN CONCENTRATION: 1.12 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 4 NUMBER OF LEAKS OR BREAKS REPAIRED: 3 NEW CUSTOMERS MXU'S RESIDENTIAL: 59 COMMERCIAL: 8 INDUSTRIAL/GOVERNMENTAL: COMMENTS On 7/16/07 We had 3 waterbreaks. Replaced leaking valve at Heustis &Orange. Also had a hole in the pipe at the pipe at the same intersection. 219 Elizabeth St had a hole in 4"watermain. 600,000 gallons of water lost due to main breaks. On July 25" well #7 went down for emergency repairs. Nc-w 8us�t,)css * oZ United City of Yorkville Pw aoC:>---f-- r-,)LI WATER DEPARTMENT REPORT AUGUST 2007 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEE FE GALLONS 3 1335 463 203 1,118,000 4 1393 542 187 8,792,000 7 1500 883 551 0 8 1500 861 477 634,000 9 1500 1125 575 43,000,000 TOTAL 53,544,000 CURRENT MONTH'S PUMPAGE IS 3.045,900 GALLONS MORE/ S THAN LAST MONTH YEAR MO 53.519,264 GALLONS /LESS THAN LAST DAILY AVERAGE PUMPED: 1.611,000 GALLONS DAILY MAXIMUM PUMPED; 2.350.000 GALLONS DAILY AVERAGE PER CAPITA USE: 161.1 GALLONS WATER TREATM ENT CHLORINE FED: 1649 LBS. CALCULATED CONCENTRATION: 4.2 MG/L FLUORIDE FED: 660 LBS. CALCULATED CONCENTRATION: 0.32 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY(EXPLAIN) FLOURIDE: 2 SAMPLE(S)TAKEN CONCENTRATION: 1.02 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 21 NUMBER OF LEAKS OR BREAKS REPAIRED: 2 NEW CUSTOMERS MXU'S 11 RESIDENTIAL: 43 COMMERCIAL: 6 INDUSTRIAL/GOVERNMENTAL: COMMENTS 2 service leaks at intersection of Wood Sage &Cornerstone &708 S Bridge St. Water lost due to leaks 135,000 gallons. Well #7 still down for emergency repairs. `QED C/r` Reviewed By: Agenda Item Number J Legal EST 1836 Finance ❑ W nSt I ASS #� 1 Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ `)V\i <CE ��- Agenda Item Summary Memo Title: Proposed Public Works 2008 Meeting Schedule Meeting and Date: Public Works Committee—November 6, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: See attached memo. CI). Memorandum EST ° " 836 To: Public Works Committee From: Meghan Gehr, Administrative Assistant CC: ,��Z Date: November 1, 2007 CE Subject: 2008 Meeting Schedule The Clerk's Office is in the process of publishing the City's master meeting list for 2008. Listed below is a tentative schedule for the Public Works Committee meetings for 2008. Please note the meeting dates for January and November. The regularly scheduled meeting for January falls on New Year's Day. Since the City offices will be closed,this meeting should either be cancelled or rescheduled. The regularly scheduled meeting for November falls on the day of the 2008 Presidential Election. You may choose to keep this date or to cancel or reschedule the meeting. Please discuss this schedule at the November 6,2007 Public Works Committee meeting and let me know if these dates meet with your approval. Public Works Committee 1" Tuesday— 7:00 pm January 1 New Year's Day July 1 February 5 August 5 March 4 September 2 April 1 October 7 May 6 November 4 Election Day June 3 December 2 Thank you! 0 C/J.y Reviewed By: Agenda Item Number J� T u Legal ❑ New �tsiNE��- a 1836 F1 Finance EST. Engineer ;E , Iz1' -�_ t - Tracking Number X09 L n City Administrator ❑ `?O Consultant ❑ P W a�v-r _ I5to <LE F-1 Agenda Item Summary Memo Title: Responsible Bidder Ordinance Meeting and Date: November 2, 2007 Synopsis: A responsible bidder ordinance is proposed for adoption. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Discussion and possible adoption Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP ,= 4 0 Memorandum EST. 1836 To: Brendan McLaughlin, City A ' 'strato From: Joe Wywrot, City Engineer �- �. p CC: Bart Olson, Assistant City Ad stratoi Lisa Pickering,Deputy City Clerk kE Date:November 2, 2007 Subject: Responsible Bidder Ordinance Attached literature,a proposed ordinance,and several sample ordinances for a responsible bidder ordinance. Also attached find our standard proposal form that we use for construction projects. A responsible bidder ordinance is intended to ensure that successful bidders for construction contracts are legal Illinois businesses, are in compliance with state and federal laws,including equal opportunity and prevailing wages laws, carry adequate insurance,participate in approved apprenticeship programs, and provide medical and retirement benefits for its employees. These are all worthy goals,most of which are already required in our standard proposal form. For many construction companies, medical and retirement benefits are provided through the unions instead of the actual construction company. Apprenticeship programs are also commonly coordinated through unions. Therefore adoption of those parts of the ordinance could have the effect of eliminating non-union contractors from performing work for the city. Material testing consultants could also be affected the same way. We should consider the impact of adopting those provisions before proceeding with adoption of the ordinance. Please place this item on the Public Works Committee agenda of November 6, 2007 for discussion. UNITED CITY OF YORKVILLE CONTRACT DOCUMENTS FOR APPLE TREE COURT ROADWAY & UTILITY IMPROVEMENTS Prepared by: Engineering Department City of Yorkville NOTICE TO BIDDERS 1 . Time and Place of Opening Bids: Notice is hereby given that the United City of Yorkville, Illinois, acting through the Engineering Department, will receive sealed bids at Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois until June 18, 2003 at 11 :00 am, local time, for the construction ofroadway and utility improvements and appurtenances, at which time the bids will be publicly opened and read. Bids will be acted upon by the Mayor and City Council 2. Description of Work: The proposed work is officially known as "APPLE TREE COURT ROADWAY AND UTILITY IMPROVEMENTS", and is further described as the construction of 620 LF of 8" watermain, 327 TONS of bituminous binder and surface course, 341 LF of PCC curb removal and replacement, and associated work on Apple Tree Court, all as further described in the plans and special provisions for the said work prepared by the City of Yorkville. 3. Availability of Contract Documents: Contract documents are on file at the Yorkville City Office, 800 Game Farm Road, Yorkville, Illinois 60560. Prospective bidders and suppliers may obtain contract documents at the Yorkville City Office upon a nonrefundable payment of the following amount: Contract Documents, per set: $20.00 4. Bid Security: All bid proposals must be accompanied by a bid bond, certified click, bank cashier's check or bank draft payable to the United City of Yorkville for five (5%) percent of the amount of the bid as provided in the instructions to bidders. No proposals or bids will be considered unless accompanied by such bond, check, or draft. 5. Prevailing Wage Rate: Not less than the prevailing rate of wages found by the United City of Yorkville, the Department of Labor, or determined by a court of review shall be paid to all laborers, workmen, and mechanics performing work under any cmtract for the proposed work. 6. Contract Bond: The successful bidder for the work will be required to enter into a bond equal to 100% of the amount of the bid with sureties to be approved by the Mayor and City Council, when entering into the contract for said work, which shall be conditioned upon the proper and faithful performance by the contractor of the work specified and payment of services and labor in accordance with the contract documents therefore, and compliance with 30 ILCS 550/1 and all cityordinances which may apply. 7. Reiection of Bids: The United City of Yorkville, through the Mayor and City Council, reserves the right to defer the Award of Contract for a period not to exceed 45 calendar days after the date bids are to be received, and to accept or reject any or all proposals and to waive technicalities. United City of Yorkville By: Jackie Milschewski City Clerk PROPOSAL TO THE OWNER, United City of Yorkville, 1 . Proposal of (Name and address of bidder) for the work, designated in Paragraph 2 below, by the construction of roadways and associated work. 2. The contract documents are those prepared by the City of Yorkville, and are designated "APPLE TREE COURT ROADWAY & UTILITY IMPROVEMENTS". 3. In submitting this proposal, the undersigned declares that the only persons or parties interested in the proposal as principals are those named herein; and that the proposal is made without collusion with any other persons, firm, or corporation. 4. The undersigned further declares that he has carefully examined the proposal, contract documents, form of contract bond, and special provisions, that he has inspected in detail the site(s) of proposed work, that he has familiarized himself with all of the local conditions affecting the contract and the detailed requirements of the work, and understands that in making this proposal he waives all rights to plead any misunderstanding regarding the same. 5. The undersigned further understands and agrees that if this proposal is accepted he is to finish and provide all necessary machinery, tools, apparatus and othenneans of labor, and to do all of the work, and to fiu-nish all of the materials specified in the contract documents, in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. 6. The undersigned declares flat he understands that the quantities mentioned are approximate only, and that they are subject to increase or decrease; that he will take in full payment therefore the amount and summation of the actual quantities, as finally determined, multiplied by theunit price shown in the schedule of prices contained herein. 7. The undersigned further agrees that the unit prices submitted herewith are for the purpose of obtaining a gross sum, and for use in computing the value of extras and deductions; that if there is a discrepancy between the gross sum bid and that bid resulting from the summation of quantities multiplied by their respective unit prices, the latter shall apply. P- 1 8. The undersigned further agrees that if the Owner decides to extend or shorten the work, or otherwise alter it by extras or deductions, including the elimination of any one or more items, as provided in the contract documents, he will perform the work as altered, increased or decreased at the contract unit prices. 9. The undersigned finther agrees that the Engineer may at any time during the progress of the work covered by this contract order other work or materials incidental thereto and that all such work and materials as do not appear in the proposal or contract as a specified item accompanied by a unit price, and which are not included under the bid price for other items of this contract, shall be performed as extra work, and that he will accept as full compensation therefore the actual cost, to be determined as provided in the specifications. 10. The undersigned further agrees to execute a contract for this work and present the same to the Owner within fifteen ( 15) days after the notice of the award of the contract to him. 11 . The undersigned further agrees that he and his surety will execute and present to the Owner within fifteen (15) days after the notice of award of the contract, a contract bond satisfactory to and in the form prescribed by the Owner, in the penal sum of one hundred (100%) percent of the full amount of the contract, guaranteeing the faithful performance of the work in accordance with the terms of the contract, and for the payment of all persons performing labor and furnishing material in connection with this contract. 12. The undersigned further agrees to be available to begin the work no later than ten (10) days after the execution and approval of the contract and contract bond, unless otherwise provided, and to prosecute the work in such manner and with sufficient materials, equipment, and labor as will irsure it's completion within the time limit specified herein, it being understood and agreed that the completion within the time limit is an essential part of the contract. The undersigned agrees to complete the work by August 15, 2003, unless additional tine shall be granted by the City in accordance with the provisions and specifications. In case of failure to perform the work as specified herein, the undersigned agrees that the Owner shall withhold from such sums as may be due him under the terms of thiscontract, the costs set forth in the specifications, which costs shall be considered and treated not as a penalty but as damages due the Owner from the undersigned by reason of inconvenience to the public, added cost of supervision, and other items which bave caused an expenditure of public funds resulting from the failure of the undersigned to perform the work within the time specified in the contract. 13. In consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration received and to be received, the undersigned hereby agrees as follows: a. To comply with all applicable laws, regulations, and rules promulgated by any Federal, State, County, Municipal and/or other governmental unit or regulatory body now in effect or which may be in effect during the performance of the work. Included within the scope of the laws, regulations and rules referred to in this P-2 paragraph but in no way to operate as a limitation, are all forms of traffic regulations, public utility and Intrastate Commerce Commission regulations; Workmen's Compensation Laws, Prevailing Wage Laws, the Social Security Act of the Federal Government and any of its titles, FEPC or FEOC statutory provisions and rules and regulations. b. To protect, indemnify, hold and save harmless and defend the City against any and all claims, costs, causes, actions and expenses, including but not limited to reasonable attorney's fees incurred by reason of a lawsuit or clam for damages or compensation arising in favor of any person, corporation or other entity, including the employees or officers or independent contractors or subcontractors of the undersigned or City, on account of personal injuries or death, or damages to property occurring, growing out of, incident to, or resulting directly or indirectly from the performance by the undersigned or subcontractors or their officers, agents or employees hereunder, whether such loss, damage, injury or liability is contributed to by the negligence of the City, it's officers, agents, employees, independent contractors, or by premises themselves or any equipment thereon whether latent or patent, or from other causes whatsoever, except that the contractor shall have no liability or damages or the costs incident thereto caused by the sole negligence of the City. c. To keep in force, to the satisfaction of the City, at all times during the performance of the work referred to above, Broad Form, Public Liability Insurance including contractual liability and Automobile Liability Insurance with Bodily Injury each with limits of not less than $ 1,000,000, Broad Form Property Damage Insurance with limits of not less than $500,0(D and workers compensation and related insurance coverage at amount required by statute. The undersigned agrees that at any time upon demand of the City, proof of such insurance coverage will be submitted to the City. There shall be no additional charge for said insurance to the City. The undersigned will famish certificates of insurance for the insurance coverage required herein, naming the City as an additional insured and providing that such policies may not be canceled or amended without thirty days prior written notice having been given to the City. d. To furnish any affidavit or certificate, in connection with the work covered by this agreement as provided by law. e. To indemnify the City for any loss it may sustan by theft or other cause from the acts or negligence of the employees of the undersigned or of his subcontractors. P-3 f. Whenever in this Agreement the term City is used with regard to the obligation of the undersigned to indemnify, holdharmless or defend, the word City shall include the officers, agents, employees and independent contractors of the City. It is mutually understood and agreed that the undersigned shall have full control of the ways and means of performing the work referred to above and that the undersigned or his/it's employees, representatives or subcontractors are in no sense employees of the City, it being specifically agreed that in respect to the City, the undersigned and any party employed by the undersigned bear the relationship of an independent contractor. 14. The undersigned hereby certifies that he is not barred from bidding upon or executing a contract for this project as a result of a violation of either Sections 33113 or 33E-4 of 720 ILCS 5/33E. 15. Accompanying this proposal is bid bond, bank draft, bank cashier's check, or certified check complying with the requirements of the specifications and contract documents, made payable to the United City of Yorkville. The amountof the bond, draft, or check is ($ Z If this proposal is accepted and the undersigned shall fail to execute a contract and contract bond as required herein, it is hereby agreed that the amount of the bond, draft, or check shall become the property of the Owner, and shall be considered as payment of damages due to delay and other causes suffered by the Owner because of the failure to execute said contract and contract bond; otherwise said bond, draft, or check shall be returned to the undersigned. ATTACH BID BOND, BANK DRAFT, BANK CASHIER'S CHECK OR CERTIFIED CHECK HERE. P-4 BID PROPOSAL The undersigned submits herewith his schedule of prices covering the work to be performed unde this contract; he understands that he must show in the schedule the unit prices for which he proposes to perform each item of work, that the extensions must be made by him, and that if not so done his proposal may by rejected as irregular. NO. ITEM UNIT QUANTITY PRICE TOTAL 1 . 8" DIP Watermain FT 620 2. 6"x6" Tapping Valve in Vault EA 1 3. Polyethylene Encasement FT 620 4. Fittings LB 541 5. Trench Backfill CY 223 6. Salvage Fire Hydrant EA 1 7. Water Service Connection EA 2 8. Adjusting Sanitary Sewers FT 20 9. Inlets to be Adjusted EA 1 10. Bit. Surface Removal, 4" SY 1417 11 . Comb. Curb & Gutter Rem. & Repl. FT 341 12. PCC Drive Rem. & Repl. SY 314 13. PCC Sidewalk Rem. & Repl. SF 60 14. Aggregate Base Repair TON 130 15. Geotechnical Fabric for Ground SY 150 Stabilization 16. Butt Joint FT 36 17. Preparation of Base SY 1417 18. Bit. Materials (Prime Coat) GAL 425 19. Bit. Binder Course, 2.5" TON 204 20. Bit. Surface Course, 1 .5" TON 123 21 . Crack Filling FT 831 22. Seed Restoration SY 1371 23. Sod Restoration SY 277 24. Supplemental Watering UNIT 10 25. Traffic Control & Protection EA 1 TOTAL BID $ P-5 (Seal) (If an Individual) Signature of Bidder Business Address (Seal) (If a Partnership) Firm Name Signed By Business Address (Insert names and addresses of all Partners of the Firm) (If a Corporation) Corporate Name Signed By President Business Address (Corporate Seal) (Print names of officers) President Secretary. Treasurer Attest: Secretary P-6 F i i peril �$dder Ordinance nc .. Inform ation Packet .. s; t f z Printed Tu Rousc. It (rat sld ]> t ti rte ! to esl oilsible Bidder Ordinances 1. What is a Atesoonsible Bidder Ordinance 2 It is an ordinance that sets;mfnfmal requirements for all conhactors and s0abritract 6n bidding on publicly funded projects in the political jurisdiction covered by the ordinance. The requirements are then incgrpgiated into alI bid documents (similar to other state and local regulations) so that all potential bidders will.kuow what is expected of them.: 2. What are the'speeific reauiMments All bidders must: a) Comply with all laws pre-regixisite to doing business fn Illinois b) Produce evidence of a federal, employer tax number or social security number c) Provide evidence of compliance with Eqpt! Opportunity Employer. requirements; 4 Provide evidence of all specified insurance coverages P) 'Comply with all provisions of tht lllinois Prevailing Wage Act f) <Must be participating,in a USDOL approved and registered apprenticeship program: S) Comply with any other additional requirements a community may find beneficial, 3. Whv is'a Resuonsible Bidder Ordinance needed? The pulrlfe constniction market has been the scene of an extraordinary amount of legal violations in recent years. Most recently, in Illinois thet1lecis ofbalanting the State budget have resulted in cuts to every level of government, creating a decline in the effectiveness of the offices charged with the enforcement ofpreva ling wages and other relevant laws: This combined with a bearish economic climate create compatita ve presgures that push unscrupulous contractors to cheat in order to submit low bids. Since awarding authorities must award projects to the lowest bidder, those who are wilting tb cheat; on an enormous cost advantage, and have the effect of driving legitimate contractors outof the market. Many People have beets hurt by the destruction of standards in the public construction market. Workers have been cheated out of wages, communities have been cheated out of revenue, taxpayers have be subsidizing (liege} activ}tits; and the integrity of public afficialsihas been brought into question after awarding contracts to dishonorable contractom w110 deliver -poor quality products over budgee,'and behind schedule restraints will -lean forcement efforts,may be bolstered b5 pending legislation, budgemry always continue to factor, sa with limited reroutes and personnel (here types of violations will most.]* ost ]fkely al a ys a oh for years to tome, What the "RespansfbieBidder Ordinance does is address-tbese issues up front as Opposed V chasing the cheaters or the violations have occw ed 4.. Is fig just 8: p e-union 191AT The word "unitm".does not appear itt any Responsible Bidder Ordinance The Ordinance simply attempts to create a level playing fleld for all contractors, union and non union alike, so that the lowestbids refled managerial expertise rather than the willingness to subvert the laws of the State. Like the prevailing wage law which (vas matted its 1941 in Illinois, the Ordinance is neutral with respect to the union issue. It simply further defines the phrase `kespbnsfble bidder" as it relates to the team'"lowest responsible bidder" that is referenced in the lllinois Municipal Code 05 n CS 518-9-1 and been incorporated n n the majority ofprocnrement regulations arouiul the state. it does not; fvn adlato unigt ontomractors; it gives ail advantage to resptmsitiie contractors, The Ordinance simply asks that contractors who wish to'banelit from public doilers- play bythe rules offairraud hones„tcontracting: g What is the significance of each provision? a) By rewiring contractors to provide evidence thatthey am in compliance with rho laws of doing business in Illinois, it is assuring the contracting agency that a company is legitimate and credible, by for example being current with the Secretary of State, or the Department of rinancial and Professional Regulation if necessary, and not classified-as s`debarred" by the Department ofl abor, to mention a few. b) By requiring the contractortc produce their Federal Employer Tax Number or Social 3edurity Nmnber (if they are an individual) it provides an assurance to the contracting agency that they are working with legitimate contractors- c) The "Equal OpportunityEimployer provisions" Provide for nondiscrimination in empleyment by government contractors and sub-contractors, This simply restates the existing Federal regulations. d) Requiring specific certificates ofiosurance coverage is a wily for the contracting agency to protect itsolf fhbm the irresponsible actions of ti dishtinorabio contractor. The State of Illinois requires; general liabilit�r, professional liability, product liability;worker's compensatioin, completed operations, hazardous occupation; and automobile. Other conhmunities baverequired commercial umbrella policies and even gone so for as to specify dollar amounts in their Ordinances, e) By reinforcing that contr'actor's abide by the 11Ymois Prevailing Wage Act, a contracting= agency is not only requiring that the prevailing wage is paid but that employees covered under The act are also provided with medical and hospitalization iusurartce as Well as retirement benefits as.mandated by State law. Participation in a United States Departmern of Labor's Btrean of Appreruiceship and Trainingapproved program creates an envirtwment that supports and endorses education: witlh education such a major part of public policy today, no employer should be subsidized by public funds without some training contribution. If apprentices are on the job but not part of a USDOI SAT registered progranlit ismost likely a use to paY Iowes wages without offering genuine training, g) Witter additional requirements could include;cckly certified payrolls, non-compligi nde; penalties such as fires and debarment, policies on harassment, ormandating residency regd"tremertts 5, What will the pas8a4e 6f 3i );responsible Bidder O rdivanee Gosh Essentially nothing tbeo'will be no need to add enforcement officers because theordinance is designed to screen out offenders before the eomract.is awarded"instead oipursuingthem after the violation$; have been committed. Enforcement for most of the provislons"is provided at Elie State level. The Responsible Bidder Ordinance simply requires bidders and sub-bidders to demonstrate that Trey can comply with the specifications written into the bid documcats. If theyare not able to,•their bids will not be considered.. 7. Is the ftesponsilble Bidder Urdinance'L.awfulg` The first;Ordlnarice to `Turtber Define Responsible Bidder" in lilinols ryas adopted by Winnebago County, on ivlay 12m 1991. From That point it was adopted by numerous other Countiesr villages and Cities 'untif Deoember;3l 2003 when Governor, Rod Blagojevioh .Signed H131048, makiug it Public Act 93-0642: an act that amouden the Illinois Procurement Code to include "Responsible Binder" language on state construction projects r j> I€; Resparrasible Bidder Case L;tw Analysis' i E } This analysis of file "responsible bidder" Illinois case law spas prothiced by the law firm of Mogan Marren :Ltd.,,for Chicago Area LECET. November 8, 2005' Res pansible Ridder Ordinanse OVERV rw Illinois state courts have not established set standards by which the term "responsible bidder" can necessarily be defined, and federal courts construing Illinois law have likewise refrained from providing a' clearly delineated, ail-encompassing set of factors that define the term. In fact, in summarizing the relevant case law, one Illinois state court opined, "the term `responsible bidder' is' capable ofany exact definition:' Oscar George .Elec Co. v. Metropolitan Fair & Expa. Auth., 104 Ill, App. 3d 957, 963 (1st Dist. 19'82): The courts have consistently held, however, that statutes requiring;the awarri of contracts to the: lowest responsible bidder do not require the award of such contracts .to the lowest bidder. Instead, the courts have empowered municipalities and purchasing agents to consider various factors in determining: the financial responsibility and practical ability of the Contractors who have bid on a given contract. To that end',. the courts have consistently afforded municipalities and purchasing agents great, deference in the award of contraots, and will only disturb a contract award if arbitrary conduct on the part of the municipalities and purchasing agents, such as fraud, lack of authority„unfair dealing, or favoritism,, cau be proven. Therefore, in the event that a municipality adopts a "responsible bidder” ordinance, we believe that the courts would , defer. to the municipality's definition of "responsible", assuaging the reasonableness of the ordinance's definition. c BACKGROUND, Tile Illinois Supreme Court has historically held that statutes requiring the award of contracts fit, the lowest responsible kidder da :not require that such:contracts tie awarded to the Contractor offering the Lowest bitj l°eaple a ref, Issyrlan Asphatz Cb v. Kent, 160 111, 655, 66042 {1$96}; F,tallelt v City of Llgin, 254 SCI. 3ri3, 34 ? (L132}; People e rel. Peterson v. Omen, 2.9U IIi. 59, 67 (1919X SN. Nielson x i zrlxlic 13xri7dlrtg (at nz yr t C#,icago, ex. txl, 81 Ttl. 2d 240, 299 (1980}; CetvY Street Steak Rop use Inc. v Cara3t� .gfagervell, 163 I112d 159, 165 {1994}. Moreover, rho Court has repeatedly noted that the term xesporfsible reFers to mare their just lire pecuniary ability and financial responsibility of a bidder. 9ssyrian sphole, 14¢ Ili. at 661 b2; Ilatlett v Gyry of Elgin, 254 Ills at 346-47; Petersonr 290 111. at 67; S.N. Nieisarr, �l; Ili. .2d at 299; CAYf7T Street Steak Ilousa, 169 Ill 2d at 165: Ta that lend, the Court has conslsteattly recognid. tfaat, whon determining whether gluon epntract4 have been properly awarded to, lire "lowest responsrbio bidder", ahe word "responsible" should moan ""financially responsible and able to: drsaharge one°s obli aligns `incardanco with what may be expoated or demanded under the terms of the contract."' SJJ lYlelsan, '$] 111. 2d ag 299. guozing People e r rei. PereTSOn v. f>thon, 290 Ill-. S9, 61 '(1919), citing Ra11eYt v 4ity of Elgin, 254_Tli. 343, 9�}6�7 {1912), People ax rel. dsst r3an Asphalt Co. I�enz, 160 a 655, 651!-62 (1896). ,The Illinois Supreme Court has always afforded municipafitios .and purchasing agents substantial deference in malting such determinations.. Court Street Steak Flouse, 163; Ill 2d at 1:65 citing .Flallett u City ofElgin, 254 I11.343. Accordingly, courts interpreting Illinois law at.the state and federal level have refused to interfere with the exeicise of such discretion so long as it is "{judicial in nature" arrd devoid of fraud. Callaghan Paving Inc. V. City of Chicago, 1992 WL 159313, *5-6 :('N.D. 111. 1992) citing Stanley ,magic-.l}dor. Ina v. City of Chicago; 74 Ill., App_ 3d 595, 598-99 (1 st Dist 1979} Oscar George, 104 Ill. App. 3d at 962-63, see also .hest tV Joiill Venture v 1311. of M of the City of Cfiicztgo, 288 Ill. App, 3d 770, 777"79,(1997). Thgefare, not only are municipalities entitled to pass ordinances or resolutions that establish it comprehensive set of objective factors by which they will make their subjective, "judicial" determination of which Contractor constitutes the"lowest responsible bidder" on a contract, municipalities are better off taking such measures; as such actions will. enable a prospective court of review to justify the substantial deference it is required to give those determinations. A municipality's use of an ordinance or resolution, such as the draft ordinance hereto attached, would not only incorporate factors municipalities are permitted to consider when selecting the lowest responsible bidder, it would enable a municipality to later defend itself against any claim of wrongdoing in its award,of a contract. P ERtm8smLE I[?A4cToR$ FOR CONSIDERATION In $..N Nielsen; the court'. noted that while Contractors' financial responsibility and ability to perform are the two important factors in determining the lowest responsible bidder, social responsibility should also be a concern in:awarding public contracts. S.N. Nielsen, 81 IIL 2d at 299. in support of this. proposition, the SX, Nielsen court stated; In proper circumstances a contract may be awarded to one who is not the .lowest bidder, where this is done in the ,;public interest, in the: exercise: of discretionary power granted under the law, without fraud, unfair dealing, or favoritism; and where there is a sound and reasonable basis for the award as made. (Id; quoting 10 E. McQuillin,. Municipal Corporations §:29.73. 10, 429-30 (3d ed. 1966}.} In M Nielsen the plaintiff Contractor sought declaratory and injunctive relief and a:wiit of mandamus against the Public Building Commission for the award of a 'building contract. S.N. Nielsen, 81 11L 2d at 295, The plaintiff Contractor asked the court for a determination, that it was entitled to the building contract in question under the Public Building Commission Act, which provided that building contracts were to be awarded to ft, lowest responsible bidder. Id. The court ruled in favor of the Building Commission, holding that it had properly ocnsidered. the affirmative action efforts of the respective bidders in determining which one 'was the lowest responsible bidder. S.M. Nielsen, 81 11L 2d at Sociel responsibility and, specifically, "[m]aintaining the public's Confidence" in a project funded by;public money, were also deemed m be legitimate considerations in the award of a contract by the court in�l'r�seph J Henderson & s�` ii, 'lnG v. City of Oysiul Lake, 318111.App.3d 880, 885 (r' Dist. 2001), The 1 on oourt'held that the appearance of impropriety was as appropriate factor for municipality to consider when detetirtin rtg 4i0h bidding Contractor was the lowest responsible bidder, .Id at 884-85 Moreoaer, the broad disomdon of a purchasing agent to determine whether a bidder is "responsible" under the Illinois Municipal,Purchasing Act was examined by the U.S, District Court for the Northern District of Illinois in Callaghan Paving, 15192 W—L 159313 (NO, 111, 1942). In discussing_ the agent's ability to rt;lect the bid of any bidder mat =deemed "responsible, Callaghan count relied on section 8-10-12, which provides;: :Any and all bids received in respense to an advertisement may be rejected by The purchasing agent of the-bidder is not deemed responsible, or the character ov quality of the servioas, supplies, materials, biluipmentor labor does to conform. to the requirements t2i if the public interest mayotherwise be served thereby,. The toini also noted that a purchasing agent may consider broad rang: alactors when determining abiddoes respottsib'iiity, citing section 94 -11 Which states:r In determining the responsibility of any bidder the purchasing'agdat may take into account other factors ja addition 'to financial responsibility, such as records of transactions with the bldder, experience, adequacy of equipment, ability to complete performance within a specified time limit and other pertinent considerations: (111. Rev, Slat,, ch. 24 § 8-10-11.) Ithe Callaghan court reiterated the fact that, "[*Ints have consistently held that statutes requiring the, award- Of contracts TO the lowest responsible bidder do not require the award of such contracts to the lowest bidder" Callaghan, 1992 WL 159313, *5 (N.D. 111. 1992) citing Oscar• George; 104 Ill, App, sd at 963. The court noted that, while such discretion must be "judicial in nature," in the absence of fraud, courts will not interfere with the exeneise of such discretion. Callaghan, 1992 WL 159313, *5-6 (N.D. Ill, 1992) citing Stanley Magic-Door, Inc. v. City of C'hieago, 74 111. App. 3d 595; 598-99 (Ist, Dist 1979), Oscar George, 104 Ill. App3d at 962-63. The defendants in Callaghan, the city, its Department of purchases, Contracts and Supplies, and the purchasing agent, required the plaintiff-bidder, a joint venture of two companies, to submit various documents as proof of'oompliance with the project's bid requirements. Callaghan, 1992 WL 159313, * 1 3 (N,D. 111. .1992). The project bid requirements mandated that bidders, if requested, had to present within a reasonable time, as determined by the purchasing went, evidence satlsfactory io the purchasing agent, of the bidder's "performance ability and possession of necessary facilities , pecuniary resources and adoquat¢ nsurance to comply w#th the terms of these specifications and contract documents." Id at *5., Ttte prajecC bid specifications also required bidders to fatty comply at all times "with all laws, ordinances,; regulations and 'codes of the Federal, State, City and other government agencies, which may in, any manner atleat fhe . . . performance of the contract." Id. at *6. Despite repeated requests by the purchasing agent the plaintiff bidder did not supply the defendants with a copy ofthe joint venture agreement or wriu�tt documentat#on of the }Dint ventive's strneture, which the def4iidants deemed necessary to determine the respective rates responsibilities, and financial aliliga#ons of the respective companies in -the joint venture, and whether each of them was capable of fulfilling their respective obligations under thelf agreement. Id. at *1-2. The purchasing agent rejected the bid of the joint venture because of its tionresponsiveness to these doatmtemation. requests as well as the fact that there was litigation pending against one of the joint venture°s corporate members regarding environmental and p6lic, nuisance ailegations,Id at *6_.. The courtheldIhat dell ite the facttbat thattlie two jointventure corporate memberswsre jointly and severally liable and one corporate member by itsetf had suff cient finatrcial capacity to either complete the project: or eornpaisate the city should the other corporate member fail to fulfill its responsibilities: "whether he:;stence of a guarantor converts a potentially irresponsible bidder Into a, responsible one is a dsaretiondetatmnation to lae.made by the purchasing agent" Id.: Th% notions that a public body exercises a great deal of discretion in determining the lowest: responsible bidder,. and that the phrase "low0a,respons#ble bidder" does not require the public body to award a contract to the lowest bidder, were.the bases for the ootut's decision in Court Street Steak Haase, Court Street Steak House Inc, v County of'7'azewell, 163 Ill 2d ;159, 165 (7994) ci ft S.N, Nielsen, 81111. 2tlat 2$9, lfalloaj254 Ill. at 3.46-47 (1912), The CowtSI"at Steak House court decided the case tinder the Competitive 'Bidding Statute, of Section 5-1022 of the Counties Code, which mandated that any: purchase of services, materials, equipment, or supplies in excess:of $l0;00o by a county with fewer than 9,000, obo inhabitants be awarded to the lowest responsible bidder. Court Street Steak Haase, 163111. 24 at 162-b3. The Court Street Sreak House court acknowledged thati "competitive bidding statutes are enacted for the purpose o£ #twit#rig competition, to guard against favoritism, improvidence, extravagance, fraud corruption and to secure the best work of supplies ac he lowest price practicable.>'> Id. at 165 quoting 10 ] . McQuilT'm,.Municipal Corporations § 24.29, ttt 375 citing Compass Flealth Care Plans v. Oa'. of Ed 246 Ill. App. 3d 746r 751 , O'Hare Express, Inc v; Gi#y of Chieugo, 235' Ill. App, 3d 202, 208 (1492): 131erefare tho purchasing agent of the priblic body exceeds the perm#ss ble scope of its disaretic n, and mandamus will snbsequently issue if a plaintiff alleges and pxoves fraud lack of anthotity, unfaiY dealing; favoritism, or similarly arbitrary conduct by a county. Court Street Steak House; 163 I11, a at 165 citing N,. Nielsen, 81, Ill. 2d at 299; Balletic 254111, at 348-50. TMPERNLISSWLL FACT6RS FOR CONSIDERATION The court, in Court Street Steak House, examined the criteria in the Counties Code's Competitive Bidding Suture, which included; the quality of the articles to be supplied, conformity with bid specifications, suitability to the requirements of the county, and delivery terms: Court Street Steak House, 163 111. 2d at 166 citing Ill. Rev. Stat, 191; ch. 34, Par. 5-1021 The court recognized. that, "a county solicits bids on many different types of contracts with many different factors affecting each purchasing decision," and therefore, "under this criterion, the County can take into account reasonable benefits to the County arlsing from each bid." Court Street Steak House, 163 111: 2d at 166, The Court Street Steak' House court ruled that the additional food service training for the mentally handicapped, which would cost the defendant county an additional $1,400 per year and was a component of the successful bid but notthat of the plaintiff, was, a reasonable basis on which the county awatded_a food service contract to a bidder other than, tbe7 plaintiff. Id at 166-68♦ Support for a mentally handicapped for service training program is the type of county welfare concern upon which a municipality can properly base its decision regarding to whom it will award a public contract, as it does not indicate an arbitrary preference for one bidder over another. Id. at 168. The Court Street SteakFlostse court distinguished the consideration of food service program for tiie mentally handicapped, as a proper concern for the welfare of the County, from an impermissible situation in which the sole basis of to whom a public contract is awarded is the county board's desire to keep money , in the community. Id. citing Cardinal Glass Co. vt Bd of Ed of Mendota Community Capisotfdcrta School District NO. 269, 113 111. App. 3d 442 (1983). In Cardinal Glass, the ,plaintiff brought a mandamus action against-the board of education to compel the board to award It the contract in question, claiming that the defendant school board violated the School Code; which required that public contracts be awarded to the lowest responsible bidder. Cardinal Glass, 113 Ill. App. 3d at 443.44: The can Ii tai Glass court remanded the case, finding "that the7 facts alleged in the complaint, taken as true, indicated that the sole reason the board did not award the conb'act to the plaintiff was because the board wished to keep the money in the community; Court Sheet Steak House, 163 111. 2d at 168_ The Cardinal Glass court found that -such conduct constituted clear favoritism, and therefore violated the "lowest' responsible bidder° require ment. Icl In Cottl1 treet Steak House; the Illinois Supreme Court clarified the: ra€ionale it used in Cardinal Grass stating "A.desire to keep money in the communhy indicates prejudice, nrir reasoned deaisionmaking," Id+ he Court Street Steak House court also stated that snch favoritism; might be suggested if a board -reifies solely on the past performanceofa bidder: Id- The inclusion of any local preference factor. when determining who is the lowest responsible. bidder, in the context of contracts created under, the iUinois School Code, was examined in Best ,bus Joint venture v Bd af9d of.the City of Chicago, 288 III, App. 34 770, 779 (1997)t In Best Bag, the.defendant 'board used a 2% loos] preference in the determination of the lowestresponsibie bidder, The Best But court reiterated that tile. purposes for requiring pribliC bodies to engage in contpetitive bidding are to .invite competition, to .guard against favoritism, mpmvidertce, extravagance fraud and aarYUption and to secure the best work or,supplies at dte lowest price practicable. Id at 776,7'1 11 cittngCompassHealthdale klans u. Bd of TsrZ, 246Il1,Itpp: 34 7461 751 (1992); 0Ware Earptrss Ina. v. City of CFticpga, 235 -ill. App. 3d 202, 208 {1992). The court pitied SN. Nielsen and Court Street Steak Itattse 5n its aCknawledgement that, while the contracts must .be awarded to the "lowest responsible bidder" after due advoltisement, file statute did not automatically compel -the Board to awards contract solely on the basis o£lowest cast Xd. at 778. The Best Bus"court also noted that the public body is:entitied- to spoaif'y #ire terms of the Contract far which it solicits bids and the criteria that bidders must ;Heel in orclar to he considered s responsible liidder. Best Bus, 288 111. App: 3d at 778 citing Compass Llsalth, 246 llZ> App. 3d aY 751, Therefore, the eotut recognizedl, " the law is clear that a public body possesses great discretion in determining the lowest responsible bidder id and that, "[fJinxneiai responsibility and ability to perform are not the only relevant factors." Best Bus, 288111. App, Mat 778: EI'owever, the Best Bus court held that a local business preference has no proper legislative authority and is an arbitrary and capricious delegation of power to a municipal unit and is 'therefore unconstitutional. Id. at 779. The court reasoned that the board's broad range of powers to implement policies relating to education was limited to.those powca's expressly granted by law. Id, at 778. including a local business preference was not a question of whether it was prohibited by the School Code, but rather, whether the ability to use such a criterion was granted by the School Code. However; Sections 8-10-11 and $-l(1-12 of the Illinois Municipal Purchasing Act may negate the application of such rationale to the use of a local preference factor as a consideration in the award of a contract under its authority in at least two ways. Moreover, with respect to the discretion of the. purchasing: agent allowed for by the Section 8-10-11 , a local business preference factor is arguably something through which "the public interest may otherwise be served thereby," Section 8-10-12 allowance for "other pertinent considerations" may further justify the use of such a faotor. It can be argued that such statutory provisions give the purchasing agency and agent, under the Illinois Municipal Purchasing Act, legal authority to use a local business preference as one of the factors to consider when determining who is the "lowest responsible bidder;" Therefore, so long as the purchasing agent of the pubfic body does not exceed the permissible scope of its discretion,, and fraud, lack of authority, unfair dealing, favoritism, or similarly arbitrary conduct are not present, mandamus wilt not be issued by a court. CONI CLUSION Courts' deference to the broad discretion of the purchasing agent is a strong'factor creating an inability to exactly define "responsible bidder." While the Best Bus court asserted that a local preference factor was unconstitutional because the ability to use such a consideration was not granted by the School. Code, such a consideration limitation is the exception to the jurisprudential norm.. The lliinois Supreme Court has consistently allowed for the inclusion of many factors into a consideration of which bidder is the "lowest responsible bidder:" in addition to financial responsibility And ability to petf'orm, the court has also allowed agents and agencies to include social responsibility and reasonable benefits to the giycu tmnicipality. Most importantly, the court adheres to the deference of the purchasing -agent and the factors of responsibility as delineated by the statute in question. Therefore, in the absence of arbitrariness and fraud, any factor used in an ordinance and subsequent bid requirements that is based upon authority granted by the Illinois purchasing Act would not confliet:with jurisprudential. precedeut eegarding "responsible bidders." Therefore, municipalities requesting bids under that Act, would be wise to adopt a "responsible bidder"" ordinance containing & reasonable definition of `"responsible"; such as that which is hereto Attached, as we bolieve that the courts would defer to a given municipality's definition and its discretion to award a contract thereunder. 5 i Summary of Illinois Public Act 093-0642 HB3048 931d iitinois General Assembly Public Act 93w0642; Effective Hate, ,tune 1 , 2004 Synopsis of {public Act 93nO642 Amends the Illinois Procurement Code. Provides that to be considered a responsible bidder on a construction contract for purposes of the Code, a:bidder must comply wth certain requirements and must present-satisfactory evidence of that compliance to the appropriate construction agency. The requirements include compliance with laws concerning the bidder's entitlement to conduct business in Illinois, compliance with the Prevailing Wage Act, compliance with federal "Equal Employment Opportunities" provisions, having .cartain insurance coverage, and participation in federally approved apprenticeship and training programs; Public Act 93-0642' AN ACT relating to procurement Be it enacted by the People of the State of Illinois,. represented in the General Assembly, Section a The Illinois Procurement Code is amended by adding Section 30-22 as follows: PQ]LOS 50010-22 new) Sec. 30-2Z Constructiomcontracts; responsible bidder requirements. To be considered a responsible bidder an a construction oohfract for purposes of this Coda, a bidder must comply with all of the following requirements and must° prssana satisfactory evidence of that compliance- to the appropriate construction aganojr (1) The bidder must comply with aft applicable laws conceming thie 'bidder's entitlement to conduct business, in Illinois, (2) The bidder must comply with all applicable provisions of the Prevailing Wage Act (3) The bidder must comply with Subchapter bl 42 of the United.States bade (0 U. S., 20000 and following) and with Federal Executive Order No: 11246 as amended by Executive order No. 11375. I The bidder must have a valid federal Employer ldenfifcytion Number or, IT an individual, a valid 11 Soclai SecudtyNumber. (5) The bidder must have a valid c0rt�cate of insurance showing. the following coverages;: general liability, prQ69sibnal liability, product liability, woftrel compensation, completed oporatiom. hazardous opqupation, and automobile. (8) The bidder and all bidders suboontraotors must participate in applicable apprenticeship and training programs approved by and tagisteted with the United States Department of Labors Bureau of Apprenticeship and Training. Th® provisions of this Section shall not apply to federally funded construction projects ifsueh application would;ieopardize the receipt or use of federal funds in suppct ofsuch a project:: _ @MEN NOTICE OF HB 3048 REQUIREMENTS NOTICE NEW APPRENTICESHIP TRAINING REQUIREMENT Illinois Governor Rod R. Blegojevich has signed into law amendments to the Illinois Procurement Code that impact all bidders on=CDB projects. Effective June: 1 , 2004, all bidders must participate in apprenticeship and training programs that are both approved by and registered with the U.S. Department of Labor's Bureau of Apprenticeship and Training. The program must be in the same trades that the firm performs. in addition; the requirement also applies to subcontractors. Applicants for CRB prequalification will be further notified of the requirement, and CDB contract bid forms will require bidders to certify that they, and their subcontractors for the project are, of the time of bid, participating in an approved apprenticeship and training program. The bid form provision and the revised Section 01010 is available online: Proof ofcompliance may be requested. See yvww.leqjs�state.ii:us to read the new lavr, HB 3048 (Public Act 93-0$42). For further information, or to inquire on how to "participate or haw a program complying wth the new requirement can be set up in Your area, please call Dave Wyatt atthe U.S. Department of Labor at.3121598-5508, or see the U-S, Department of Labor website at www doleta.govlatels batl. 'Wd+iam 6. 0ratton James 7rfoapeon Dor Richmond kaS'aaaftnr BU116709 Confer Econwnlc - Satefgte011ce . Third Flow 14w 1F* -t*Vejcpfnant. 1222 Shooting Park sprog*64x83709 'i0o WasrJ4andntpl, - . center Rd PW:2171782-2864 Street Room 0256 Pero, tk 61354 ToD:2tT1524.4448 t:7rioago,1k 80601 : f6o P7oaaadHilt' PH; Bf=*-1360 ,FAX: 2171524.0565 PN;3'!2?674.8000 - Road F.A?C FAK: 3 21614-2041 - Carbondale. k 62801 > PH: 6161453;8232- FAX. 8981403- . . 8233 @MEW Excerpt from CDB: Bidding & Contract Requirements Documeut 00300 — Bid F O TIME BIDDER'MAKES THE FOLLOWING REPItESENTA`I`IONS AND CERTIFICATIONS* A. A ,surety company has agreed to issue Bonds required by'the BidDoctunants for this work if this hilt is accepted by CDB, B. The Bidder is not barred from contracting with any unit of state or local government as a result of violating the bid rigging or bid rotating,provisions contained in 726ILCS 5133Ev and 720 ILCS 5133&4 C. The Bidder is not barred Gem contracting with the State of Illinois as a result of a bribery conviction per 30 i1 C5505110;2. p. The T3idder and its suboontractors are in compliance Withilid Illinois Procurement Code; 30 ILQ 001?0 722, ; Apprenticeship and training Program rsquirerneut as defined in Project Nlsnual"Section, 070i0s Referenced Portion of CDC: Project Manual Section 01010 — Project Summary l.. APRIZENTIM SHIP TRAINING REQVIREMENT 1 . tective 3urie 1 , 2004} all bidders all their subcontractors mustbe parttciparats apprehtzcxslup and training programs that 11 are"both approved ta,�" and registered sxnfih the i3.S. Departments, oflialior's L3tireau: o£Apprenticeship and Trairimg The program{sj must be in the same ; irade(g).pi,wwoi"the firm performs svork� . , 2 "stafement toe abode effeer has beeziadded to the ltepresentahorisond erti cations ssrtzazt of Axe &d f orm { 0304) f3 icl muse be a memmber"�,tf an approved app> er tiod$4, program prior to beginning work:. . . . " on fire prajeat, ; . GDL3, at aaly time before ar after" ' tray reg4ire h rot talon of�a copy of-each appli�;tile Gertiiieate o£l�,egistrationsissue�by the United " Mates Depariinent of I oboe evztlenoriig such participataon by the to t cacti i£Its stzbcontraetors tlrilem otherwise directed in wirtuig iiyGDfl, appieabe apjainttceship grid traiping programs are ItaS( ,that kia e beitpprovcd a�Ydregistarect fii.the United States • Depaitinerit tff Labor 4.. In order to &&rill this requirement, it shall not be necessary, that an applicable program sponsor be eturenslytaking ox that it will rtake. applications far zpprenticeship, training or employment during the perfoivance of thework of this contract: 5. Poe iiiforii<lation on haw to participate iri or setup a program; contractors =all David Wyatt at the I7,S, U artnient of Labor (3121596-5508) or check the USDOL websiitc www.doJeta.govJatels ball. 4Sw# say Sureau ®f Lac l l a ds', and Streets Manual 2005 Edition 124(4) LETTING AND CONTRACT AWARD - MFT'and state Funds July 2605 12-5.03"Lettings 12.3.03(a) General It is important to note that if proposals are issued to contractors with the intent of soliciting bids, eligibility for bidding is generally assumed;unless communicated otherwise. if the contractor is a responsible bidder meeting the acceptance criteria of the local agency and (DOT, the award will be made to the contractor with the lowest bid once the bids are opened. It is therefore important. to ensure that each contractor is a responsible bidder prior to opening bids, and if practical, prior to issuing proposals, 1 . The bidder must comply with all applicable laws concerning the bidder's entitlement to conduct business in Illinois. 2. The bidder must comply with all applicable provisions of the Prevailing Wage Act. 3. The bidder must comply with SubchapterVI ("Equal Employment Opportunities") of Chapter 21 of Title 42 of the United States Code (42 ,U.S.C. 2000e and following) and with Federal Executive Order No. 11246 as amended by Executive Order No_ 11375:., 4. The biddermust have a valid Federal Employer Identification Numberor, if an Individual; a valid Social Security Number, 5. The bidder must have a valid certificate of insurance showing the fallowing coverage: general Ilability, professional liability, product liability, workers' .compensation, completed operations, .hazardous occupation, and °automobile: 6, The bidder and all bidders' subcontractors must participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training. The bidder must certify as such when submitting a bid. 7. The bidder is not disqualifi ed from bidding on MFT- and State-funded work by the department;._: If a bidder does: not oomlAy with these requirements or falls to submit proper certification, ttre bidder is considered �ngt-tesponsiblo andthe non-responsible bidder's proposal shall notbe opened_ I h Information about �.�prer�tice�h and 'I`r�itn' Programs j i L AA �~ U .S. Department of tabor Employment & Training Administration Risaistered Apprenticeship° What Every Government Official Should Kno Apprenticeship is a;proven training strategy that improves the skills of our workforce and enhances the efficiency and productivity of our industries. Investment in the registered apprenticeship system is a wise use of government dollars, and pays for itself many times over. As the,nation faces a critical shortage of skilled workers, expanding apprenticeship opportunities offers an effective approach to most the needs of Industryand our citizens in search of high-quality training and good jabs. What is Registered Apprenticeship? Apprenticeship, a proven training strategy that prepares skilled workers, helps America compete more effectively In the global economy, and contributes to our economic development, sustained economic growth and national security. Who Goes Registered Apprenticeship Serve? Nationwide, 80,000 industries and companies offer registered apprenticeship training to more than 395,000 apprentices:. These training programs serve a diverse population, including minorities, women, youths and dislocated workers. Currently,, approximately 80% of all apprenticeship training positions are in the construction and manufacturing industries, Experts agree, however, that apprenticeship has the potential to benefit numerous other industries, as well, including the service, retail, and the public sector. With this in mind, the possibilities for expanding apprenticeship -- and meeting the needs of many, more American companies and citizens in search of high quality training opportunities -- are virtually unlimited:,, Who Operates and pays for Apprenticeship Training? Registered apprenticeship programs are operated by private industry - employer or labor/management sponsors. Registered apprenticeship programs range from one to six or more years in length. For the apprentice, this translates into an "industry scholarship" worth $40,000 W $150;000. Since the content of the training program is determined by industry needs, apprenticeship produces workers with high demand' skills.: What Role Does Government Play in Apprenticeship`? ` As a result of the Federal Apprenticeship Act of 19371 the federal government (specifically the U.S, Department of Labor's Office of Apprenticeship Training, in cooperation with the states) oversees the nation's apprenticeship system, The agency issues. Certificates of Completion to apprentices, encourages the development of new programs through marketing and technical assistance, protects the safety and welfare of apprentices, and ensures that all programs provide high quality training to apprentices. What is Government's i3et4ko on Investment for Apprenticeship? The government's return clearly outperforms other types of government-sponsored job training programs. Apprentices "earn as they learn;" and wages paid totally by the private sector begin as soon as the apprentice enters training. ETC What is an apprentice? An apprentice is a paid worker who is enrclled in a special training program administered by an employer together with a labor organization or trade: association. Most apprentices work in trades related to construction, Apprenticeship is a formal method of training in a skilled occupation, craft, or trade.. Duringg,the apprenticeship period, the apprentice receives 2,000 hours or more of structured on-the-job trairng with at least 144 hours of related classroom instruction. Apprenticeship requires a written agreement between the program sponsor (employer) and the apprentice. The U.S. Department of Labor, Bureau of Apprenticeship and Training establishes guidelines, procedures, and standards and assists employers in the development of apprenticeship programs. Interested Illinois employers naay contact.' IDES:Apprenticeship Coordinator` 33 South State Street Chicago, Illinois 60605! Many job opportunities During the next 1,0 to 15 years, the number of construct oxi-related jobs in Illinois is expected to grow at a very healthy pace. The greatest growth will occur in electrical work, masonry and stonework, plastering, and other specialties. Most apprenticeships take three to five years to complete. The typical program includes; 2,000 hours ofon-the job training plus at least 144 hours per year of related classroom instruction. Apprentices earn sheaf half the going ttadeperson s wage to start Pay is gradually increased over the length of the apprenticeship, until training is completed and the trainee graduates to full trade person status: IDES can kelp you get starter Somt offices (see list below) of IDES serve as Apprenticeship Information Centers where you can obtain detailed information about apprenticeships. $taff'will help you decade which trade would best suit you, and can tell you about entrance requirements and when apprenticeship programs..are accepting applications.., E&q 41 Eauployinent C3ttptrrtunity, Apprer iaships provide equal employment opporturuty: Women and minorities are encouraged to apply. However, admission as highly competitive. To be selected, you must mect the qualifications -of the particular, trade and program for which you are applying. pre> tx�e x �Information Center The Illinois Department of Employment Seem ity`(Ims) recognizes ilia construction industry's importance in the creation of jobs. Every year, thousands of people get jobs in construction and this number is predicted to increase as employers struggle to meet the demands for skilled trades people. To help individuals gat started on a career in the construction trades, the IDES developed the Apprenticeship Information Centers. These centers, located in IDFS and Illinois Employment Training Center (TUC) offices, allow you to obtain detailed information about apprenticeship programs and also to find out when specific construction trades are accepting Applications for entrance into their progyam, Requirements for Application: (Brfig the following with you to the IDES ofre) -High School Diploma or G,E:D, certificate -The name(s)andaddress(es) of the high schodl(s) or vocational sehool(s) you.have attended. �A copy of your birth certificate; -The names, addresses and'telephone numbers of two or three individuals who serve as your personal references; -A certificate ofiltelease or Discharge from Active Duty (Form DA 214, Veterans only) ChiGaga' 2550 M W. Addison Street 3500 W. Grand Avenue (773) 296.6021 (773);227.7117 2444 W. Lawrence Avenue 4931 W. Diversity Avenuel (773) 334;6646;= (773)_ 889.6820 5101S 4 Cicero 1657 Blue Island Avenue (773) 838.3100 (312)'243.5100 1515 E. 71st Street? 8750 S. Stoney island'. (773) 947.2512, (773) 221.3737 837 W. 119th Street 3400 N. Austin Avenue (773) 821 1400, (773) 736.5627 715 E. 47th Street 7500iS. Pulaski (773) 538.9811" (773) 684/7000 Arlington Heights' Bolingbrook Burbank 723 W. Algonquin Road 321 Quadrangle )rl Ve3 5608 W. 75th Place (847.)'981.7400 (630) 759 647 (708) 458.0500 Chicago Heights: Elgin Evanston: 1010 Dixie Highway 30 Duh a Court,. 1572 Maple Avenue (708) 709.3000 (847) 868.7+300 (847) 664.3630 Joliet Kankakee Lombard! 250 N, Chicago Street 255 N. Schuyler 837 S. Westmore-Wyers Road (815) 740.5101 `(815) 932.0035 (630) 495.4345 Maywood. North Aurora Woodstock 35 & I 91 Avenue_ 2 Smoke Tres PWA 500 Russel Court (708) 9 38.6900 (630) 844.664{1 (816) 338 7100' �E r r Sample Ordinance Language f i r. r . i r b SAMPLE RESPONSIBLE BIDDER RESOLUTION WHEREAS, the finds that it is in its best interest to define the term "responsible" as contained in competitive bidding statutes governing its purchases of construction goods and services; WHEREAS, the wishes to ensure that contracts are awarded in an atmosphere that invites competition and guards against favoritism, improvidence, arbitrary conduct, extravagance, fraud and corruption, so as to secure the best work of supplies at the lowest cost practicable; WHEREAS, the possesses great discretion in determining the "lowest responsible bidder" and is entitled to specify the terms of the contract when its solicits bids and the criteria that bidders must meet in order to be considered a "responsible" bidder in the exercise of its proprietary duties and responsibilities; WHEREAS, the contracting authority of the is entrusted with the power to determine whether a respective bidder is the "lowest responsible bidder"; and, WHEREAS, the I solicits bids and/or proposals on many different types of construction contracts with varying factors affecting each purchasing decision, and therefore must take into account reasonable benefits to the community's welfare arising firm each bid and in the exercise of its proprietary functions. THEREFORE, BE IT RESOLVED THAT financial responsibility is an important factor in determining the lowest responsible bidder, and the through its contracting authority, shall require an entity that bids on a public contract produce satisfactory evidence that the business entity is properly registered and authorized to conduct the type of work to be performed, including evidence that demonstrates that the entity possesses or complies with the requirements of the Internal Revenue Service, Illinois Departments of Revenue and/or Registration, and Illinois Department of Employment Security registration requirements, as well as complying with the general business license requirements of the prior to the award and during the tern of the contract. Additionally, the contracting authority, in order to make its determination as to whether the bidding entity is responsible, shall confirm and substantiate that the contract awardee can reasonably be. expected to complete and perform under the contract specifications, and the contracting authority may require the successful bidder to post a bid, performance, wage/fringe benefit and/or material bond(s). The contracting authority shall also determine if the successful bidder can reasonably be expected to complete the project within the time constraints as delineated in the request for bids and/or proposals. The contracting authority shall also determine if the bidding entity maintains a satisfactory level of past performance and integrity as well as possesses the financial, supervisory, personnel, material, equipment, and other resources and expertise to satisfactorily meet its contractual responsibilities and obligations. BE IT FURTHER RESOLVED THAT social responsibility is a concern in awarding public contracts, and the contracting authority may factor in its determination of whether a bidder is "responsible" such factors as bidder's record of conformity with environmental, labor, and health and safety laws including compliance with the requirements of the U.S. Department of Labor's Occupational Safety & Health Administration. Furthermore, the bidder shall be required to provide a certificate of insurance, designating as an Additional Insured under all pertinent policies, specifying all required coverages, including general liability, workers' compensation, completed operations, automobile, hazardous occupation, product liability, and professional liability at such limits as the contracting authority deems appropriate to protect the interests of ALSO BE IT FURTHER RESOLVED THAT the provision of satisfactory evidence by the bidding entity that it provides of participates in a medical hospitalization program for its employees, an apprenticeship and training program approved and registered with the U.S. Department of Labor's Bureau of Apprenticeship & Training for each of the trades of work contemplated under the awarded contract, a pension or retirement benefit program for its employees, with the premium or cost or contribution rate, as well as benefit configuration for each of the respective aforementioned programs, being no less than required under the Illinois Prevailing Wage Act, is minimally required to demonstrate that a bidding entity is "responsible". SAMPLE RESPONSIBLE BIDDER ORIDIANCE AN ORDINANCE AMENDING OF THE CODE TO FURTHER DEFINING RESPONSIBLE BIDDER WHEREAS, Chapter of the County/City/Municipality Code regulates purchases and contracts entered into by the : and WHEREAS, Although section defines responsible bidder, that &I'milion needs to Be expanded in the case of bidders for construction projects (construction of new facilities, reu0vation of current facilities or road construction projects) over $25,000.00. NOW, TIdEREPORti, BE ORDAINED, by the (Goveming Body) of the Illinois that the following definition be added to section of County/City/Municipality i the code. I Responsible bidder for co rslmetion contracts means a bidder who meets all of the job Specifications, The following applicable criteria, and submits evidence of such compliance: (1) All applicable taws prerequisiteto doing business in Illinois. (2) L•vidence of compliance with (a) Federal Employer Tax Identification Number or Social Security Number(for individuals) (b) Provision of Section 2000(e) of Chapter 21, Tide 42 of the United States Code and Federal Executive Order No. 1 1246 as amended by Executive Order No. 11375 (known as the Equal Opportunity Employer provisions). (3) Cortificates ofinsmanoc indicating the following coverage's: geneml liability, workers' competisatimt, completed operations, automobile, harardous occupation, product liability, and professional liability. (4) Compliance with all provisions of the Illinois Prevailing Wage Act, including wages, medical and hospitalization insurance and retirement for those trades covered in the not. (5) The bidder and all bidder's sub-contractors must participate in active apprenticeship and training programs approved and registered with the United Sates Department of Labor's Bureau of Apprenticeship and Training for each of the trades of work contemplated under the awarded contract. (6) All contractors and sub-contractors arc required to turn in certified payrolls as specified in Illinois Public Act 94-0515. BE IT FURTHER ORDAINED, that nothing herein hereby adopted shall be construed to affect any suit of proceeding now pending in any court of any rights accrued or liability incurred or cause or causes of action accrued of existing under any prior Resolution or Ordinance. Not shall any right or remedy of any character be lost, impaired, or elfected by the Ordinance BE IT FURTHER ORDAINED, that this Ordinance amendment shall be in full force and effect immediately upon its adoption. BE IT FURTHER ORDAINED, that the Clerk of this is hereby Governing Body - amhorized and directed to prepare and deliver a cortified copy of this Ordinance amendment to Purchasing D•u'ector. Governing Body The above and foregoing ordinance amendtent was adopted by the Governing Body of the County of Illinois, this_ clay of_, 20_ - Examples of Responsible Bidder Ordinances 9 f j i ORDINANCE NO. AN ORDIANANCE AMENDING ORDIANANCE 098.66 REGARDING PREVAILING RATE OR WAGES FOR PUBLIC WORKS PROJECTS WHEREA%the city of Aurora (the "City") is a home-rule municipulity in accordance with the Constitution ofthe State Of Blinds of 197%prid WHEkrAS,dW City has iheaulhorily 10 adopt ordinances and to prcmmlgate rules and rcgulations thatporutin 10 h government and al'hirs and that protect the public health. smttyand wolf uo,of its c tikcns; and. WHEREAS,ilia City Council ofthe City of Aurora doems is deskids a ib amend tilda musil Prevailing Wage Ordittanrd riagarding documentation and aPprollimship issues contililted therein.: NOW*THEREFORE,it is hereby ordained by tits City Council ofthe-City of Aurora, Illinois, that Ord name 09g-l6 a<: hereby amended as follows= Section onc: 'l'hat to the extent and as required by "An trot regulating lvages of laborers, mechanics slid other workers employed.in any in guy public works py State county, city pr any public body or any political subdivision or byanyone under contract for public works",approved June 26, 1941, as amended the general prevailing rate of wages in this locality fir laborers,mcelianies and other workers engaged in ciduaraction of public works cording under the jurisdiction of the City of harms is hereby ascertained to be the: same as the prevailing rate of wages for construction work in the:Kane, DuPagd,.Kendali and Will County determined by the- DepurntetiT,ofJ.aborof ilia State of Illinois as of Jvnaot[hc current yeaF: @ copy of Thal detemtina6on being attached hatal0 and incogromted hemin by rofcrenco as Exhibit"A". As required by said Act,auy and all revisions ofthc prevailing ratcofwages aythe Dophrimend otUbor ofthe State of Illinois shall supersede the Department's June dctarminauon and apply toady and all public works construction undertaken by the City ofAurora. 'fledetinition of any teens appearing in this Ordinance which are also used in the aforesaid Act shall her same as in said AFL. Smttnn Twin That nothing hemiu contained shall be coltstmed to applysaid gGteraiptvvailing rateof wages as hcn:in ascertained:to any worker earploymnt except public works construction of the City pfAurom to the cxlent required by the,aforosadd Act, s-yNinn'I`fiPrr An} ephir`aet wnUtu thtpurvacw nfth&OrdinancewrchhiJlGno7s J'icvailing Wag�Att stoat pro>'#d4tbat any _ oomraato> �Pofah entPloY$?PPnnuocs�vill cmRloynlrpr�-rttides vvhp ar¢7trnpartytndafi[urod m To a:(oiit Ap}trcntte4slup Tmtmng:" I'rcgmm5titiiehisregistith:danQ.rntcti0cdvvith7halln lied,�5tatcsUcpannicntofLUbnr,'NumaprifApprin[iduslrip,'snd 'Immin;r• ' Srr9iud 15i tr l`hcC.it},oTAaremhtulto[ its ituUtoii dxaP+c tutives shallhave tbPpow•er and authorityYOrequeaiand mcciYe,dity- and atliafcihrtutionordobufic"niatiobwhiehsv8uldsuhst amtaid,propar!payntentemder#hisCb dinanueThatrgnmactrdoipipntshall' '' '. auAPlyt4c'!tytue chest docuiltuntadonpr3ni'otrnation tk ifieCity oGlutroYU Or iLS designta x�itUin Ovoavnriting tlaysot#ha revttiptpftle;: wquosL, i�luce toeom�lywidstiaa mq�exforlq�ormarionTVd`o�rneptatioo w�ll,6dEOits4ivad asvtitatenal 6reach`ofUte euntraat::. enabling ihro Catytoacrmitiate thv contrael. stxk forfdtgto ofntypeTfopnatrca bond andproa� with chap othar�niedy agginufbei ' ,. Rertion Five That tine city Clark shall pubimypost or keep ir"lable The inspection by any intorosted party m the ream office oftim City ofAurma thisdctcnnination or:only revisions, ofsuch provallingrate of wage. A copy oftliis detenninatian orof the current mviseddelennimuionofpreWailing late of wages then in e0lctslumil be attached to all customs spacifiaat'tops cettna S • Thin the City Clark shall snail a copy of this ddtonninniiorrin any cinployar, and to anyassociation ofanployprs and.to any poison or association ofempioyoe;; who have filed their numosanikaddresses, requesUng copies'at any determination stating shoe, i particutacraes aodihcPatticular class orworkers whose wagos will be_affected by such rates:. Soxtnn Seven Thal tine City Clark shall promptly fi on cortifiedmpyoffas,Ord mince with loth tGe Se Ideal ryofSlid; India Division and The Department of I-Abor of the State oflllinoi& Sian F,felatt 'Thai the City Clerk x1,411 cauxo"to he published in allow otgoneral ohculmian Wifhintho areal a notice Otat.the City t:ktuucil hasPPssed.thix C?rdinnttce and 'atdicating thauUel3rdiaattcp and wregedetomtina{ioliatmahedderotoatish�hlb4 4s avuilable:torpuldieiiispaction i11 tha'Ci y;Cierk's o0lcc during narutal bnsi11 hot rs;sualt publiaaiion orsaid Noiic@shal censiitute solico.that the deluriainatiun is mddedid rely dfectiveand that this is the dewrminatiun,otth s puUlip body. 8ection Ninc: lltatYbise dinanco sljall ba in fEdl ft rc add etfoe , and ahNil be cbnt tilling, updh iikyassaga attd approval Section Trig,Mild ail ordinances nr�partsofordinunta<sthcmofinoatihiciberowitha('ehembyrepeuled todiceXtctttofanysneti. . . conRiet: SerAanF",icven: ThatanySectionorproviiionofthigOrdiaaneaihatistotistniadtobeinvalidorviiidshaft hot aflact tile mmainiub,. Sactionsor;provisio;I% which shall romtim In full fhrco add ofdd thereafter, PRMN IED 16 the City Council of the CityroGAurors, 8lin¢is, PASSh7D"by the City Council (if C hyof Antonio, Iilhrols up A#pjtOVFJS AND SIVNf aby tile Noyor urthe City,of Aurpra, Illinoisan._a____ l RESOLUTION NO, A RESOLUTION DEFINING RESPONSIBLE BIDDER AND AMENDING CHAPTER 24-BUILDING CODE OF THE MUNICIPAL CODE OF SHERIDAN WHEREAS, in many instances and circumstances the Village of Sheridan is required to let contracts to the lowest responsive, responsible bidder; and, WHEREAS, the Village has not heretofore defined the term "responsible bidder' NOW, THEREFORE, BE IT RESOLVED by the Village of Sheridan that there is added to the end of existing CHAPTER 24 — BUILDING CODE of THE MUNICIPAL CODE OF SHRIDAN as follows: 2. That the term "responsible bidder" for construction related contracts entered into by the Village of Sheridan means a bidder who meets all of the following applicable criteria, and submits evidence of such compliance: 1 . All applicable laws pre-requisite to doing business in Illinois. 2. Evidence of compliance with: a. Federal employer tax identification number or social security number (for individuals). b. Provisions of Section 2000(e) of Chapter 21 , Title 42 of the United States Code and Federal Executive Order No. 11246 as amended by Executive Order No. 11375 (known as the Equal Opportunity provisions), 3. Certificate of insurance indicating the following coverages: general liability, worker's compensation, completed operations automobile, hazardous occupation, product liability and professional liability. 4. Compliance with all provisions of the Illinois Prevailing Wage Act, including wages, medical and hospitalization insurance and retirement for those trades as covered in the "Act". 51 One or more of the following: A. Participation in apprenticeship and training programs approved and registered with the United States Department of Labor's Bureau of Apprenticeship and Training; B. Licensed by the State of Illinois for the trade for which the bid is submitted; C. Pre-certified as qualified by the Illinois Department of Transportation or other state office for the trade for which the bid is submitted; D. Certified as a "responsible bidder" by the Village of Sheridan Board, or a designated committee of the Village of Board, no less than 14 days prior the last date for return of bids by a showing by the bidder to the Village that the bidder is competent in the trade for which the bid is submitted. Such showing to the Village of Sheridan shall include a summary of all training for those performing work, a work history of those performing work, and letters of recommendation from recent customers. Nothing shall prevent the Village from requesting further information or investigating further information. BE IT FURTHER RESOLVED, that nothing herein shall be construed to affect any suit or proceeding now pending in any court or any right s accrued or liability incurred of cause or causes of action accrued or existing under any prior Resolution or Ordinance. Nor shall any right or remedy of any character be lost, impaired, or affected by this Resolution. BE IT FURTHER RESOLVED that this resolution shall be in full force and effect immediately upon its adoption and publication in pamphlet form. PASSED AND APPROVED THIS ,_ day of 2004 ORDINANACE No. 05-51fi. AN ORDiNACE ENDING CHAPTER 33.22 ENTITLED "PROCEDURES, PUBLIC WORKS CONTRACTS, COMPETITIVE BIDDING, ADVERTISING FOR BIDS, AWARD". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOCKPORT, WILL COUNTY, ILLINOIS: SECTION ONE : That Chapter 33.22 entitled "Procedures, Public Works Contracts, Competitive Bidding, Advertising for Bids, Award. (A) Any contract for public improvements shall be furnished by contract let to the lowest responsible bidder with such bids to be received or obtained in the following manner except as provided herein: ( 1) Where the public improvement is more than $1 ,000 but less than $2,500 not less than tree oral bids or proposals shall be obtained by an authorized agent of the City, and said bids shall be documented in written form and presented to the City Council for consideration. (2) Where the public improvement does not exceed $10,000 but is more than $2,500, three bids or proposals, in writing, shall be obtained by an authorized agent of the City, and said proposals or bids shall be submitted to the City Council for consideration. (3) Where the public improvement exceeds $10;000, the contract for the finishing of the some shall be let in Out lowest responsible bidder after advertising for bids as permitted herein (B) Responsible bidder for a public works contract means a bidder who meets all of the job specifications, the following applicable criteria, and submits evidence of such compliance: (1) All applicable laws prerequisite to doing business in Illinois. (2) Evidence of compliance with (a) Federal Employer Tax Identification Number or Social Security Number (for individuals) (b) Provision of Section 2000(e) of Chapter 21, Title 42 of the United States Code and Federal Executive order No. 11246 as amended by Executive order No. 11375 (known as the Equal Opportunity Employer Provisions). (3) Certificates of insurance indicating the following coverages: general liability, workers compensation, completed operations, automobile, hazardous occupation, project liability, professional liability, (4) Compliance with all provision of the Illinois Prevailing Wage Act including wages, medical and hospitalization insurance and retirement for those trades covered in the Act (5) The bidder and the bidder's sub-contractors must participate in active apprenticeship and training programs approved and registered with the United States Department of Labor's Bureau of Apprenticeship and Training. (6) Non-compliance with this Ordinance will result in a 20 V penalty and a 2% punitive damage of the total contract bid, and/or two year disbarment from bidding with the City of Lockport. This includes either/or general and sub-contractors. (7) All contractors and sub-contractors are required to turn in certified payroll on a weekly basis. (C) Waiver. A contract may be entered into by the proper officers without advertising for bids if authorized by a vote of 2/3 of all the Alderpersons then holding office. (D) Advertisement forbids, All proposals to award Public Works project contracts involving amounts in excess of$10,000 shall be published at least ten (10) days, excluding Sundays and legal holidays, in advance of the date announced for the receiving of bids, in a daily newspaper of general circulation throughout the City of Lockport. (E) Joint Purchasing. The City Administrator is authorized to let joint purchasing contracts where the funds for such contracts have been previously budgeted by the City Council and where the contract is bid pursuant to the"Government Joint Purchasing Ad," ILCS Ch.30. Act525, Section 0.01 et seq. No other bidding requirements of the City need be followed. (F) Emergency Contracts. In case of an emergency affecting the public hearing and safety, the City Administrator shall authorize a vendor to perform any and all work necessary to resolve such emergency without public advertisement provided that the work does not exceed $1000. Documentation of the emergency and the need for immediate action shall be presented by the City Administrator to the City Council at its next regular scheduled meeting. Such documentation shall include a complete description of the materials, equipment, and labor required and the costs involved. SECTION TWO: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION THREE: The provisions in Sections of this Ordinance shall be deemed to be separable and the invalidity of any portion of this Ordinance shall not affect the validity ofibe remainder. SECTION FOUR: The City Clerk of the City of Lockport shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED this 7u' day of July, 2005 i i ORDINANCE NO. 15770 AN ORDINANCE AMENDING THE JOLIET PROCUREMENT CODE CODE REGARDING THE ELIGIBILITY TO BID ON CITY CONTRACTS BE rP ORDAINED BY 779E MAYOR AND CITY COUNCIL. OF TILE CITY Or JOLIET, ILLINOIS AS FOLLOWS: SeCtiOri 1 : Section 2 -441 of the Code of Ordinances is hereby amended in its entirety to read as follows: SEC. 2-441. Mandatory requirements for all bidders; submission of bids; form. (a) In addition to any other requirement, unless otherwise expressly stated in a bid solicitation or an award of contract, all bidders must comply with the following requirements in order to submit a bid or be awarded a contract and include satisfactory evidence thereof in its bid. (1) The bidder shall be a duly organized legal entity in good standing with the Illinois Secretary of State and in compliance with all laws prerequisite to doing business in Illinois. (2) The bidder shall have a valid Federal Employer Tax Identification Number or Social Security Number. (3) The bidder shall be an equal opportunity employer and comply with Section 2000(e) of Chapter 21 , Title 42 of the United States Code and Executive Order No. 11246. (4) The bidder shall provide certificates of insurance indicating the following coverages if called for in the bid solicitation: general liability, workers compensation, completed operations, automobile, hazardous occupation and product liability. (5) The bidder shall comply with all provisions of the Illinois Prevailing Wage Act (820 ILCS 130), including wages, medical and hospitalization insurance and retirement for those trades covered in the Act. (6) All contractors and subcontractors performing services covered by the Illinois Prevailing Wage Act shall submit to the city the certified payrolls required by the Act, as amended by Illinois Public Act 94-0515. (7) For construction projects (construction of new facilities, renovation of existing facilities or road construction projects) over 25,000.00, the bidder must provide apprenticeship and training programs that are either registered with the United States Department of Labor's Bureau of Apprenticeship and Training or are reasonably equivalent to such programs. (b) Bids shall be submitted in a sealed envelope to the City Clerk. Each bid shall be addressed to the City Clerk of the City of Joliet and shall bear on the face of the envelope the name of the bidder, a statement that it is a sealed bid to be opened on the day and hour mentioned in the advertisement for bids, and a statement of the contract for which the bid is made. Each bid shall be submitted on the printed form supplied by the City and shall be bound in the original binding. SCCtion 2: This Ordinance and every prevision thereof shall be considered separable and the invalidity of any section, clause, paragraph, sentenced or provision of the Ordinance shall not affect the validity of any other portion of this Ordinanoa section 3: All Ordinances or parts of Ordinances conflicting with any ofthe provisions of this ordinance shall be and the same is hereby repealed to the extent of such conflioL Section 4: This Ordinance shall take effect immediately upon its passage PASSED this 5th day of February,2007 Letters of Endorsement for Responsible Bidding r j COI SCI ( ) €�s 4 OF liN Ic € x D € tat \ DN c '( )i F IES CAW GC ,N; i ztc;uSt 1c3. 200r1 Cit+eagcs hren [ �'.t.v, -En�tt�toyiers 4rslia}ac-r�,tiras and )cdta:atron 1'11st ggGr Drive, guile 302 Burr ridge, Illinois (3,0527 poal Dn'%C#ors. l`fae. Contractors Association of Will arid Grundy Counties supports and endorses your roponsib.e udders ' ordinances. We fee] very strv{rgly that all governments should adopt this language in their procorehien1 documents, This language ensures that -contracts are awarded in an atmosphere that invites cvntpeti ibri and guards against favoritism, Imptovidc nce„ arbitrary conduct, eW avagance,,fraud and corruptipn, so as to seQUre thct 'bent woi s or Will) llkeS at the lowest cost praclibtahfe, The document would Men possess great discretion in determining the "lowest: responsible bidder" aiid is entitled to spocity the terms of the contractwvhen its solicits bids and the 4ideria that bidders musl meot as other to be considered a-responsible" biddoi,in the exercise of its proprietary duties and ;responsibilities, Tno contracting authority:is oultust(e,A`I with the power to determilne whether a respectliic^ bidder IS tile. "'Imvexs '. ro„,l o lsible Wooer'" Tile government onfity would solip i bids andlor propossls on many different types of constrOption c0ntt,hcts., tizran varymg factors affeptincd each"purchasing de(;ision, avid therefore in psi take into actount reasonsblee bonelits to (he Poirv'nunitylq welfaare arising froin each bid and in the ex&Gisi of its proprietor, functiiorrm Wo support LECU in theft et;orts and promolfen of the responsible bidder lane}vagd 475 z. �inderety, Barl'y tqal)iidk C`f?a3rtnar WMMOTM: SARACK OSAMA - ENVIRONMENT AND iLUNO)$ PUBLIC WORKS 1H.O1 am eclat FOREIGN RELATIONS VETERANS AFFAIRS WASHINGTON, DG 20596 . April 242 2006 Ed Barry Laborers' District Council Labor-Management Cooperation Committee 999 McClintock Drive Suite 302 Burr Ridge, IL 60527 Dear Ed: This is just a brief note to express my support for the concept of responsible bidder ordinances. I believe that responsible bidder ordinances are a sound way to encourage dependable and accountable government contracting, while reducing incidents of waste, fraud, and abuse. Many communities throughout Illinois have implemented responsible bidder ordinances and have thus simplified the process of ensuring that government contractors comply with existing local, state and federal regulations. I know that all communities in Illinois share my commitment to sound contracting regulations, and I look forward to working with officials at all levels of government to improve fiscal transparency and accountability through responsible contracting. Sincerely, Baraok Obama United States Senator Dd ' e E ... SAN Nirt `v,RV5�aQi�state {t USr April21, 2005 Dear City Council Member: t. I am writing to ask you to support the Responsible Bidder Ordinance for all public works construction projects in your municipality. t Our constituents deserve to know that their tax dollars are being used efficiently and 4 responsibly. The Responsible Bidder Ordinance sets clear and reasonable standards for contractors and subcontractors, union and non-union, who benefit fmm public dollars. i These standards reinforce Illinois and federal law regarding prevailing wage, equal opportunity employment, insurance coverage and other accountability measures. I know you share my belief that the people of Illinois deserve to know their tax dollars are being used responsibly. The Responsible Bidder Ordinance helps to ensure protection for workers, jobsite safety, on-time completion of projects and quality work. Combining these factors leads to the efficient use of public funds. Thank you for your consideration. Sincerely yours, Daniel W. Hynes Illinois State Comptroller Please respond to: U State House Q James R. Thompson Center 13 325 West Adams Springfield, Illinois 62706.0001 100 West Randolph, Suite 15500 Springfield, Winds 62704-1871 2171782.6000 Chicago, Whole 60601-3252 3121814-2451 Pimed on Recycled Paper } MELISSA L. BEAN wnsHmmox awkE: 512 CAWNON HOUSE UWICE SUPUNNO 8m DISTAIM ILLINOIS (202) 2253711 DSTRO OP a COMMITTEE ON FINANCIAL SERVICES Congroo of for EnIteb b't&5 1430 NOmwmlcNpm Ro. . . COMMITTEE ON SMALL BUSINESS +V lL 77 l.Y} {L U 4i FD ScuwMxun9,343473 {84716193424 j�ou�e of Aepre>ntatibeg www.hwu4:pOVnmin WT 40bf igtan, -BE 20515-1308 January 6, 2006 Dear Village Board Member, I am writing in support of a comprehensive Responsible Bidder Ordinance for all public works construction contracts issued by your village. As you know, it is important to protect the well being of both our local economy and workers. A comprehensive Responsible Bidder Ordinance protects local economies through the employment of expertly trained, local tradesmen. Contractors who meet the responsible bidder standards must ensure compliance with Illinois labor and business laws. Also, these contractors are obligated to provide their employees access to job training that meets the standards set forth by the United States Department of Labor Bureau of Apprenticeship Training, which, in turn, helps ensure more experienced employees who can produce a higher quality product, Furthermore, better trained workers offer increased awareness of safety which decreases liability for the village and ensures the highest quality product for the taxpayers. I urge you to consider adopting a Responsible Bidder Ordinance for the increased benefits that it brings our local economies. Sincerely. O*N r pyo _ _ Melissa L. Bean Member of Congress PNNTCOaNAEOYCLEa PAPE11 DISTRICT OFFICE: -COMAi1YTEES: 760 E. DIVISION - AGING_ COAL CITY. ILLINOIS 60416 .yty, APPROPRIATIONS-ELEMENTARY. 81S• 634 - 5096 & SECONDARY EOUCATION = 8 IS- 634.3137FAX ' CONSUMER PROTECTION CAPITOL OFFICE: JUDICIARY I - CIVIL LAW 276-5 STRATTON BUILDING - JUDICIARY it - CRIMINAL LAW. SPRINGFIELD, ILLINOIS 62706 - 1113 217. 762-.5987 ' p 217-782.-7631 FAX.. { .. . . . CAREEN o GORDON STATE REPRESS 4TAT(VE== 75Th DISTRICT I'd 7 tt .r: _=]. 20ii6 f)c,jIm C,ita- ,':cljnA X,iernlx.-7• Villaa:. Board:,Mcinb'c-f.. ( alt �Aritirt in supt3la tclt' ,t ra ?tl5itih niai vi>°ltzayFain r ,h. RAddi'h;t)1<iFrlccnc "<rI' :Ilt tlstl tic ei <€tk a o`kl.3tYtiCtt�Yt} � �(lli`EiCi� 7�� 4fl i)a+` a'<I U7 LSCAI'��^ �?�it3 +?-,°.. - k you know, to It :s ialeport:tnt protect The Well heing Of Ur itltul eu 1nt,t€lies and lt'grkcrx n'it}id l A!� i [mein. l tile- 4,nljl c Vrnet{t 01 esperdy irtinod, 'focal traclssrnenl col ntuors tt ho an ret the 7enptlt siSllc bidder' standard: en,Oro ciolnt liafloc wit][ all laws prorequistte of doing b(hine%'s in 1111[:?UI+:and that eMploNN tcs tl , k ac ;Ls to ['foul g is defined by the Cnne.d States Department of [Labor Bureau 7C .�1?t§tCi7t i:eshi1) irai111ne till' eaCli of t14 trade-$ tit 31'ork avitCCl pkilled unkie t'he awarded �!1 7 iti:St•t-� : dil°etttlJiSl:it', tr nrea 0110 �_:E'tif7,}cC inCa'L'1�Cd :it�• .t7 c:71C^4To 4'ilcly vhiclIti"f`t'] liahifil ° for the axim, hottg Turd e .,[Tres Che tit ]lest q ralir product far the Wxpa rs 3` Iiv;, e rtnl To otlnsidee Gtde€poll _a Rcspt aMblc SidciaQrdicance fbr The Imm?'asedl benefits taut t: h n fs t?.e t xpauer and thew witty pubtic s�s4» ks projects they fund ill their ccttnrratluit cs. 1 carec:tl N4. 60 lon fiEOYCi:Sp VhpER.Sf,YVpPkG'Fte15 2 s.tTt WC.Hk`A RLS. M 108 St'.FTE CAP,to�' exC5r.t (item. IL 60436 SPRIN4PICLOC IL 62706 :87 . : 267 AAnS #257{ 782 $600. ILLINOIS STATE SENATE STATE SENATOR •.,43RD OtSTR[GT January 17, 2006 Dear City Council Member ! Tillage Board Member; I am writing in support of a comprehensive Responsible Bidder Ordinance for all public works construction contracts issued by your taxing body. As you know, it is irnportant to protect the well being of our local economies and workers within them. A comprehensive Responsible Bidder Ordinance protects local economies through the employment of expertly trained, local tradesmen. Contractors Who meet the responsible bidder standards ensure compliance with all laws prerequisite } of doing business in Illinois and that employees have access to training as defined by the United States Department of Labor Bureau of Apprenticeship Training for each of the trades of work contemplated under the awarded contract, Additionally, better trained workers offer increased awareness of safety which largely decreases liability for the taxing body and ensures the highest quality product for the taxpayers. I urge you to consider adopting a Responsible Bidder Ordinance for the increased benefits that it brings the taxpayers and the many public 'works projects they fund in their communities. Respectfully yours: Arthur 'A,J," Wilhelmi State Senator - 4V District. AJWlrig, HCIIXCC.l6 P4PSIf- b"IIxW%Mn Wx4: e , „r .r„Ittss xi1N€n January 26, 2006 „=..y. Chicago Area LECET Attn : Patrick S. Hosty, 'Executive Director 999 McClintock drive Ste, 302 Burr Midge, IL 60522 i Dear Director Hostyss Please accept this letter as my endorsement of the "Responsible Bidder Ordinance” Ias it pertains to all public bodies located in the W'" Legislative District. I encourage those entities within -my district that have not passed a; "Responsible Bidder Ordinance" to do so. Protecting the constituents in the'- 86'h district is what passage of this ordinance would do, All public bodies know the importance of awarding bids to contractors that are highly trained ; safety oriented, and know the compliance of Illinois,contracting laws, Additionally, this ordinance creates a fair and level bidding environment for all contractors, 'I cannot stress enough the importance of all public entities within District 86 to pass:a "Responsible Bidder Ordinance", Together, we can ensure that our citizens have the best trained workers and the jobs ,performed are with safety in mind, If you need any further assistance:. please .ion # hesitate to. call . Sincerely State Representative Jack McGUlre Assistant Majority Leader 861" District .c scact a�vt�s, c/p` Reviewed By: Agenda Item Number 2A o J -n Legal El I�If.bJ T <tl�1F' '�= • ,`� Finance ❑ EST 1 _� leas Engineer ` "(oZ g t Y Tracking Number o; q City Administrator ❑ °ate O Consultant ❑ FI <LE \\. Agenda Item Summary Memo Title: Well No. 4 Rehabilitation—Sole Source Contractor Meeting and Date: November 6, 2007 Public Works Committee Synopsis: Recommend that the normal bidding process be waived and that we negotiate a contract with Layne Western for this project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Super-majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C'T Y Memorandum MT.. , 1836 To: Brendan McLaughlin, City Ad mi 'strator From: Joe Wywrot, City Engineer �p CC: Lisa Pickering, Deputy City Clerk <4E le Date: October 11 , 2007 Subject: Well No. 4 Rehabilitation — Sole Source Contractor Recently we began the engineering work for rehabilitating Well No. 4, which is located on Tower Lane. We anticipate awarding a contract for the actual rehabilitation work before the end of this year. Since Well No. 4 has a Byron Jackson motor, we need to have the repair performed by a properly trained and authorized repair contractor. Layne Western is the only contractor certified to perform work on Byron Jackson motors in Illinois, and we have a long history of using Layne Western exclusively to work on our wells. Therefore I concur with EEI's recommendation (attached) that we waive the bidding process and negotiate a contract directly with Layne Western for the Well No. 4 rehabilitation work. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. 52 Wheeler Road • Sugar Grove, IL 60554 !, TEL: 6301466-9350 !, FAX: 630 / 466.8380 !I www.eelwob.com !, i Engineering Enterprises, !, Inc. October 10, 2007 Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Water Well No. 4 Rehabilitation United City of Yorkville, Kendall Co., IL Dear Mr. Wywrot: As you know, the United City of Yorkville is planning to rehabilitate Water Well No. 4. This work will include removing the existing pump and motor from the well and performing scheduled maintenance on the pump and motor. The existing motor in Well No. 4 (and in all of the City's wells) was manufactured by Byron Jackson and has several unique design features (e.g. the motor seal and balance line). Because of these unique features, it is important that an authorized, factory-trained, representative inspect and perform any maintenance on the motor. Layne-Western of Aurora, Illinois is the only contractor in the area certified to work on these motors. Because they are the only certified contractor, and after consultation with City Staff, EEI recommends that the City waive advertising for bids for the project and directly contract with Layne-Western. As part of this process, Layne-Western will be required to prepare a bid schedule. We will compare the bid schedule to similar projects, and confirm that the pricing is consistent prior to recommending award of the contract. It is our understanding that the City has a long standing relationship with Layne-Western, and we have no reason to believe that Layne-Western will not complete the project in a timely and professional manner at a fair price. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot, P.E. October 10, 2007 Page 2 Should you need any further information, please do not hesitate to contact us. Respectfully submitted, ENGINEERING ENTERUZISE INC. Andrew R. Deitchman, P. E. Senior Project Engineer II Jeffrey W. Freeman, P. E. , CFM Vice President pc: Mayor Valerie Burd Mr. Brendan McLaughlin — City Administrator Mr. Travis Miller — Community Development Director Mr. Eric Dhuse — Director of Public Works Mr. Mike Roth — City Attorney TWT — EEI GAPUBUCIYORKVILLE@WAY00713 CONTRACT H.2 -WELL NO. 4 REHARILITATIOMDOC1LWYWROT01.DOC `�fpD C/Tr Reviewed By: Agenda Item Number _ O O T Legal ❑ 7896 Finance F1 � i Engneer �,M J City Administrator F-1 Tracking Number x O Consultant ❑ <LE I Agenda Item Summary Memo Title: Raintree Village Units 1-6—Letter of Credit Reductions Meeting and Date: November 6, 2007 Public Works Committee Synopsis: Two SSA bonds guarantee completion of public infrastructure,therefore some of letters of credit may be released or reduced accordingly. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to concurrence by the City Attorney and receipt of waivers of lien. Submitted by: Joe Wywrot City Engineer Name Department Agenda Item Notes: Al cipy o� Memorandum EST. 1836 To: Brendan McLaughlin, City Ad strato From: Joe Wywrot, City Engineer U 9 .w p CC: Michael Roth, City Attorney <<E Lisa Pickering,Deputy City Clerk Date: October 15,2007 Subject:Raintree Village Units 1 through 6—Letter of Credit Reductions Attached find a request from Lennar to release and/or reduce nine letters of credit that they have in place for six units of the Raintree Village development. I have reviewed the developers request and in general concur with the amount of work remaining. The only significant difference is for Unit 1,where I recommend that we retain the estimated cost of the roadway surface course until such time as the issue regarding the surface course is resolved. Construction of the Raintree Village development is funded partially by two SSA bonds. These are commonly referred to as SSA North(for Units 1,2,and 3)with a par value of$7,150,000 and SSA South(for Units 4, 5,and 6)with a par value of$9,400,000. Section 3.8 of the bond documents state that the city shall not require securities to be established for any cost of the public improvements that are paid for by the SSA bonds. The main difference between this reduction and a normal reduction is that we would not retain 15%of the estimated cost of the work prior to final acceptance. This 15%amount is intended to guarantee that punchlist work is completed. Lennar has acknowledged that they will establish 10%warranty bonds, as required by ordinance,when all punchlist work is completed and the public infrastructure for the various units is accepted by the city. I recommend that Letter of Credit No. FGAC-06115 for Unit 1,Letter of Credit No. FGAC- 05372 for Unit 4, and Letter of Credit No. FGAC-04325 for Unit 5 be released. While there is still a small amount of uncompleted work related to erosion control in Units 4 and 5, 1 recommend that these dollar amounts be shifted to the remaining letters of credit for those individual units to allow those two letters of credit to be released. I also recommend that the remaining letters of credit be reduced as follows: Unit LOC No. Current Amount Reduction Remaining Amount 1 FGAC-06116 $ 623,108.10 $523,162.10 $ 99,946.00 2 FGAC-06117 $ 880,058.84 $727,153.05 $152,905.79 3 FGAC-06118 $ 649,226.23 $550,178.25 $ 99,047.98 4 FGAC-06108 $1,025,820.60 $629,011.48 $396,809.12 5 FGAC-05167 $ 854,878.11 $351,694.00 $503,184.11 6 FGAC-06137 $1,250,203.56 $359,075.26 $891,128.30 Refer to the attachment for more specific details. The release and/or reduction of these letters of credit should be subject to concurrence by the City Attorney, and also upon receipt of sufficient waivers of lien that demonstrate that the work guaranteed by the SSA bonds has been paid for. Please place this item on the November 6, 2007 Public Works Committee agenda for consideration. i I October 11 , 2007 Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Raintree Village Community Dear Joe: By this letter, Lennar Communities of Chicago, on behalf of Raintree Village L.L.C.; hereby requests that the United City of Yorkville release or reduce the Letters of Credit guaranteeing the installation of the public improvements at Raintree Village as summarized below. FGAC — 06115 Unit 1 Earthwork & Erosion Control: release FGAC — 06116 Unit 1 Site Improvements: release FGAC — 06117 Unit 2 Earthwork & Improvements: reduce to $ 108,075 FGAC — 06118 Unit 3 Earthwork & Improvements: reduce to $ 83,754.31 FGAC — 05167 Unit 5 Site Improvements: reduce to $445, 191 FGAC — 04325 Unit 5 Earthwork & Erosion Control: release FGAC — 06108 Unit 4 Site Improvements: reduce to $342,553 FGAC — 05372 Unit 4 Storm & Detention: release FGAC — 06137 Unit 6 Earthwork & Improvements: reduce to $809,634.5 The attached Public Improvement Analysis provides greater detail. The installation of the public improvements is also guaranteed by the Special Service Area. I have included for your reference a copy of the September, 2007 statement from Bank of New York evidencing the $2,746,306.83 in the improvement fund currently available for reimbursement for the cost of the improvements. Finally, I have enclosed the Engineer's Estimate showing work completed and outstanding to back up this request. Please review this information at your earliest convenience, and contact me at 847/252-5037 or via e-mail at Robert.Zoi-oinski@lennar.com. Thank you for your attention this matter. StLV n t t3 ,lij^G Robert Zoromski Land Development Area Manager 2300 Barrington Road, Suite 700, Hoffman Estates, It 60169 • Phone: 630-339-4800 • Fax: 630-339-4801 L.J LE N N A 12 .C O M e s O W 06 m 3 ° o o m 3 U EI r a3i 3 3 E r w r w 3 ¢ w in win Oi 6 -4 c0 V� E rn rn o ro E ro C J J fA d Z Z G 00 N ]c6 "' V' OD ODV O � [O V r 0 No OJ W mC6 rn cNi v U O u> o u m TU O � ro c00 N N cd % j c N U - C6 C6 O O) O p N M y U to N U O iA N W H 1 0 NN 0 W O G C O O N w c N O M V M U W p 0 0 N co W p V' W t0 (V C E OJ O O Ol E :p C N � (3i i Oi ry (� fV N N 6 O eD c •» fQil 3 fn T 0 W 0 0 O O O >0 N O O 0 0 O O ,c E Nt0 V ar00 > U W eD E h eD N O) W NV W V O c0 O M ci U eD N e r t+I L > N M M N D) 3 f9 fR f9 f9 IA f9 p Q N O Q N CM Y p vla0 CO Da m mo cog8 'cQ 'c6 aNi E a E av p r - y � T C C N a NU N N aOD p p n V M ( L>D c ai O pU ° U N OL a tL m W 0 0 2 m w o d m � v� � o ¢ aoD °v o � cm m c M 0 f9Cd o Nw 4A H fAC4 N rM OIl U C 2 N tp r N aD N r r E d r 0 N tp M N d p O O O O p m q ( O 0) O � A m U U U U U U U (S U d m 0 LL LL LL LL 0 LL LL LL LL LL O O L ` O N p c 'E 'c c O h O C c c c c o d U N 7 7F U) D 7 7Z) F + `�fpD C/p� Reviewed By: Agenda Item Number J� A Legal El iA'!C bV i f �h�1AS; fJi`�r; EST. ® 7836 Finance F1 Engineer Tracking Number Ln y City Administrator Consultant ❑ ❑ p w O DCTI _ 15c� Agenda Item Summary Memo Title: Fountain Village—IDOT Highway Permit Meeting and Date: November 6, 2007 Public Works Committee Synopsis: IDOT is demanding that the punchlist work in their right-of-way be completed. Recommend calling the bond if the work is not completed by November 30, 2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: QED cl?, Memorandum ESI , 1836 To: Brendan McLaughlin, City A inistrator ~ vj From: Joe Wywrot, City Engineer LJ ®9 �® t p CC: Mike Roth, City Attorney y®� Lisa Pickering, Deputy City Clerk <4E 1�• Date: October 16, 2007 Subject: Fountain Village — IDOT Highway Permit Attached find a letter from IDOT demanding that certain work items within the state right-of- way be completed immediately. I have notified the developer that this work must be completed by November 30, 2007. I have also checked the bond and confirmed that while the expiration date is November 8, 2007, there is a 90-day notification requirement that extends the expiration date until we receive notice of impending expiration. I recommend that we call Great American Insurance Company Bond No. FS7763570 in the amount of $1 ,244,100 should the IDOT punchlist work not be completed by November 30, 2007. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. Illinois Department of Transportation Division of Highways / Region 2 / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 October 16, 2007 Mr. Joe Wywrot City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Fountain Village of Yorkville Illinois 47 & 71 Kendall County Permit 3-10119-06 Dear Mr. Wywrot: It has come to my attention that no progress has been made in fulfilling items 3, 5, 6, 7, 8, 9, and 10 of the construction punch list dated July 24, 2007. Most notable is the safety concerns of item 3, box culvert extension. Our review of the records also show the initially provided bond (Subdivision Bond No. FS7763560) will expire on November 8, 2007. Please evoke your obligation of completing the permitted roadway work and providing a bond extension of a minimum one year or notify the bonding company of Great American Insurance Companies to finish the project. Sincerely, George F. Ryan, P. E. Deputy Director of Highways, Region Two Engineer 0, P. wkatu-)� By: Dan L. Mestelle, P. E. Program Development Engineer Li ry l$� Illinois Department of Transportation Division of Highways ! Region 21 District 3 700 East Norris Drive / Ottawa, Illinois ! 61350-0697 Telephone 815/434-6131 July 245 2007 City of Yorkville Attn: Joe Wywrot 800 Game Farm Road Yorkville, IL 60560 Fountain Village of Yorkville IL 47 & IL 71 Kendall County Permit 3- 10119-06 Dear Mr. Wywrot: A recent inspection of work was performed and the following punch list was recorded for the subject permit: 1 . The entire bituminous surface course needs to be removed and replaced on Illinois 71 . 2. Remove and replace bituminous surface course in the northbound lane on Route 47, ±300' at Station 190+00 to Station 193+00. 3. The box culvert extension needs to be extended at Station 290+67.93, right and left side of roadway. This coincides with bituminous widening, level binder, surface course, aggregate subbase and shoulders, guardrail and landscaping, and pavement markings. 4. Traffic control punch list needs to be completed. 5. Miscellaneous landscaping throughout project. 6. Repair sink hole at Station 189+50±, 60' left at edge of sidewalk. 7. Erosion control needs to be placed on the west side of sidewalk area at various locations due to topsoil eroding over sidewalk. 8. - Water pond located at Station 188+00±, 70' right. 9. Utility box needs to be removed at Station 188+25±, 65' right. 10. Provide bond extension of one year to cover work on state right of way. If you have any questions, please contact me at (815) 434-8450 or Pat Jackson of our Permit Department at (815) 434-8474. Sincerely, George F. Ryan, P.E. Deputy Director of Highways, Region Two Engineer io A f' -A By: Dan L. Mestelle, P.E. Program Development Engineer bcc: R. Ballerini Pat Jackson `QED C/p)_ Reviewed By: Agenda Item Number 2 A O xi ` J 0 T Legal ❑ EST. , 1836 Finance Engineer M� Tracking Number 4 Gi y City Administrator ❑ 9 ^sue O Consultant ❑ y�2 ❑ S �� ��;c l - lil-c <CE ��- Agenda Item Summary Memo Title: In-Town Road Program—Sidewalk Easement Agreement Meeting and Date• November 6, 2007 Public Works Committee Synopsis: This agreement has been signed and needs to be approved prior to recording. A check in the sum of$90.00 is due to Mr. & Mrs. Lear. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Jackie Dearborn Engineering Name Department Agenda Item Notes: clp o United City of Yorkville Memo J + T 800 Game Farm Road EST 1 1836 Yorkville, Illinois 60560 y Telephone: 630-553-8545 Fax: 630-553-3436 LLE Date: October 19, 2007 To: Brendan McLaughlin City Administrator From: Jackie Dearborn, Engineering Department AV CC: Lisa Pickering, Deputy City Clerk Joe Wywrot, City Engineer Subject: In-Town Road Program - Sidewalk Easement Agreement Attached find one copy of the sidewalk easement across the Lear property at 301 Adams Street. This easement was necessary to save a large black walnut tree at the southwest corner of Adams and VanEmmon. A check in the sum of ninety dollars ($90.00) is due and payable to Mr. and Mrs. Lear. This document has been signed by the Lears, and now needs to be approved by the City Council before recording. Please place this item on the November 6, 2007 Public Works Committee agenda for consideration. GRANT OF PERMANENT SIDEWALK EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors: JOHN LEAR and MARINA LEAR, in consideration of the sum of NINETY AND 00/100 DOLLARS ($90.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non exclusive, permanent easement (the "Permanent Sidewalk Easement"), as described herein, to construct, replace, maintain, and operate a sidewalk, in the event any are actually installed in, upon, and across the tracts of land described as follows, to-wit: BURDENED PARCEL Grantors are the owners of that certain tract of land located on Adams Street in the City of Yorkville, Kendall County, State of Illinois and legally described on Exhibit A attached hereto (the `Burdened Parcel"). PERMANENT SIDEWALK EASEMENT The Permanent Sidewalk Easement shall be that certain real property located upon the Burdened Parcel and legally described at Exhibit A, attached hereto (the "Permanent Easement Area"). Said grant of easement are made under the additional following terms and conditions: L Grantee's use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating, maintaining, and replacing a sidewalk in and upon the Permanent Easement Area at Grantee's sole cost and expense. 2. In addition to other terms of this easement agreement, Grantee shall compensate Grantor the amount of $90.00 total for the 90 square feet of property at $1 per square foot of the easement area. 3. Grantee shall thereafter, at Grantee's sole cost and expense: a. Restore the grassy surface of said Permanent Easement Area in a uniform manner, free of all debris, rocks in excess of one inch (1"), and gravel, and provide a covering of a minimum of six inches (6") of clean, black, fertile top soil, and establish a healthy stand of grass; b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. 4. All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. 5. All notices and demands hereunder shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5) days after deposit in the U.S. Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, addressed as follows: If to Grantee: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 If to Grantors: John and Marina Lear 301 Adams Street Yorkville, Illinois 60560 6. Said easements shall be treated as a covenant running with the land. 7. Said permanent easement shall be binding upon the successors, heirs, and assigns of each party hereto. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seal this day of 52007. Mayor, United City of Yorkville John Lear City Clerk Marina Lear STATE OF ILLINOIS ) COUNTY OF KENDALL ) JOHN LEAR and MARINA LEAR allege and state that they have read the foregoing Grant of Permanent Watermain Easement Agreement by them subscribed, that they have knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. i 9-0m John Lear Manna Lear Subscribed and sworn to before me, OFFIC=SEAL�� 2007. DENISNOTARY PUBLIC -MY COMMISSION EXPI Notary Public Prepared by and return to: City Attorney Michael Roth 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Plat of Permanent Sidewalk Easement for Part of Section 32 - 37 - 7 Bristol Township , Kendall County , Illinois VAN EMMON ST , 100.00 0 . •:0'. 50100 50.01Y 1: LOT 6 LOT 5 F 6 ° c CS s' Q Q 100.00' Legal Description for Permanent Sidewalk Easement That part of Section 32, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows, Beginning at the Northeast corner of Lot 5 In Block 25 of the original Town of Yorkville, said point also being the Intersectlon of the south right-of-way line of Van Emmon Street and the west right-of-way line of Adams StreetF thence west along said Van Emmon right-of-way line a distance of 20.00 feet) thence southeast along a line to a point that Is 6.00 feet south of the north property line and 10,00 feet west of the east property line of said Lot 5l thence east to a point on the east property line of said Lot 5, said point being 6,00 feet south of the Point of Beginning) thence north along the east property line a distance of 6.00 feet to the Point of Beglnningl all In the United City of Yorkville, Kendall County, Illinois, commonly known as 301 Adams Street. ® Permanent Sidewalk Easement Exhibit W Scale 1'= 30, `QED C/p` Reviewed By: Agenda Item Number Legal ❑ Finance ❑ EST 1 less Engineer P , City Administrator F-1 Tracking Number O Consultant ❑ ❑ Ov\i )1pq <LE \�- Agenda Item Summary Memo Title: In-Town Road Program—Proposed Addendum#1 for Engineering Services Meeting and Date: November 6, 2007 Public Works Committee Synopsis: This request in the amount of$20,243.75 is for additional work related to the work stoppage and drainage issues for the In-Town Road Program. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum E87 1 1636 To: Brendan McLaughlin, City Adq tr tg� -�� From: Joe Wywrot, City Engineer � �\ , L p r�A CC: Bart Olson,Assistant City Adm' stra Sue Mika, Finance Director <LE Lisa Pickering,Deputy City Clerk Date: October 29,2007 Subject: In-Town Road Program—Proposed Addendum#1 for Engineering Services Attached find proposed Addendum No. 1 from Smith Engineering Consultants for additional services and compensation related to the roadway work stoppage of the In-Town Road Program that occurred between August 2"d and August 14th The request is in the amount of$20,243.75. Several residents raised concerns in late July about the road project,primarily regarding the elevation of the curbs and how it would affect their driveways and the surface drainage near their homes. Construction proceeded as we responded to the resident concerns on a case-by-case basis. On August 2"d the final preparation of Mill and Heustis Streets were completed for paving of the binder course on August 3` ,but there were still some residents that were not satisfied with the roadway design. Since paving of the binder course the next day would have effectively precluded any changes to the roadway design, a decision was made on August 2"d to stop work. Once the work was stopped,we asked Smith Engineering to re-evaluate the roadway design and prepare alternatives for consideration by the City Council. The discussions regarding the curb did not result in any change to the roadway design,but several drainage issues were brought to light and Smith Engineering worked with the Public Works and Engineering Departments in determining possible solutions and implementing them where possible. I recommend that this request be approved. Please place this item on the Public Works Committee agenda of November 6,2007 for consideration. Smith Engineering Consultants Civil/Structural Engineers and Surveyors AGREEMENT FOR CONSULTANT SERVICES ADDENDUM #1 Project: 2007 In-Town Road Improvement Program SEC Job No.: YORK-040818.02 Original Contract Value: $113,898.75 Addendum #1 : $20,243.75 Revised Contract Value: $134,142.50 ADDENDUM #1 Whereas, the United City of Yorkville heretofore entered into a contract dated March 3, 2007 with SEC Group, Inc. Whereas, revisions and additions to the original contract are necessary as follows to accommodate additional scope of work requested by the United City of Yorkville (see attachment): • Investigate concerns from residents regarding curb elevations and drainage. • Attend August 6, 2007 Ward 2 meeting to address individual concerns. • Meet with residents during project shut-down to discuss concerns. • Determine construction alternatives to alleviate individual concerns. • Attend August 14, 2007 City Council Meeting to present alternatives. • Meet with individual residents after recommencement of work to explain alternative measures that would or would not be implemented. Whereas, the foregoing changes and additions were not anticipated and were not provided for in the original contract. Therefore, it is necessary to expand the contractual scope and upper limit of compensation to be paid under the contract, as such: • The original Proposal/Agreement for construction observation and staking services dated March 3, 2007 shall remain intact. Illinois • Texas A division of SEC Group, Inc. 651 Prairie Pointe Drive, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.sccgroupinc.com United City of Yorkville 2007 In-Town Road Improvement Program SEC Job No.: YORK-040818.02 r, October 23, 2007 Page 2 of 2 Whereas, this addendum will provide the appropriate adjustments to include the labor fee and the direct cost for the items identified above. Whereas, the adjusted, upper limit of compensation will exceed the original contract by not more than $20,243.75. Now, therefore, the parties hereto do mutually agree to changes to the Proposal/Agreement with Smith Engineering as detailed above. Save as to these provisions, all other terms and conditions of said contract are to remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Addendum #1 on this day of 92007. United City of Yorkville ATTEST-. By By City Clerk City Administrator FOR SEC GROUP, INC. ATTEST: By Executive Assistant Exe ve Vi side Y:Vobs\Smith\2004\040818_York_Road\040818.02 YORK In Town Roadway\administration\contract\040818.02-addendumUCOY-102307- =.doc C/p` Reviewed By: Agenda Item Number 2 o J a -AA Legal ❑ �9 Etl/J �tAS�� Ps6�S # I� Finance F1 EST. � � 1836 _ �; �L Engineer �° Tracking Number n y City Administrator ❑ Consultant ❑ �N/ a 0b-} - �tO, z LE F1 Agenda Item Summary Memo Title: Rt.34/Sycamore Intersection Improvements - Agreements Meeting and Date: November 6, 2007 Public Works Committee Synopsis: These agreements with IDOT and the Rob Roy Falls developer establish funding commitments and timeframes for improvements. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 741 C1,7- Memorandum ESr. 1 \` 1836 To: Brendan McLaughlin, City A mimstra r y From: Joe Wywrot, City Engineer 9 p CC: Lisa Pickering,Deputy City k Q <CE Date: October 29,2007 Subject: Rt.34/Sycamore Intersection Improvements—Agreements Attached find two proposed agreements regarding improvements at the Rt.34/Sycamore intersection. The IDOT letter of understanding deals with signalization, and establishes the normal maintenance responsibilities for the temporary traffic signal. This agreement also requires the city to have a permanent traffic signal in place no later than May 1,2010. The city/developer agreement establishes funding levels by the city and developer for the temporary signal and the permanent intersection improvements. This agreement also requires the developer to replace the temporary signal with a permanent signal within the timeframe required by IDOT. Please note that this agreement was prepared by city staff, and the developer has not signed it. I recommend that both of these agreements be approved.Please place this item on the Public Works Committee agenda of November 6,2007 for consideration. i Illinois Department of Transportation Division of Highways / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 October 23, 2007 The Honorable Valerie Burd Mayor of Yorkville 800 Game Farm Road Yorkville, IL 60560 LETTER OF UNDERSTANDING MFT Section 07-00035-00-TL Temporary Traffic Signals US Route 34 with Sycamore Road Dear Mayor Burd: The following letter of understand is for the City of Yorkville's installation of the proposed temporary traffic signals to serve US Route 34 with Sycamore Road in Yorkville. It is mutually agreed that the City of Yorkville will assume responsibility for 100% of road construction and related temporary traffic signal installation. All work will be done in accordance with the specifications of the approved MFT plans. The City of Yorkville agrees to have permanent traffic signals installed by May, 1 , 2010. The City of Yorkville will continue its maintenance of watermain, sanitary storm sewer, sidewalk, highway lighting and appurtances located behind the curb. The City of Yorkville will assume responsibility of providing electrical energy and maintenance of emergency preemption, video detection and temporary signals as indicated below. Level of Electrical Intersection Maintenance Maintenance Energy US 34 with. I Emergency Preemption Sycamore Rd. State Share 0% 0% City Share 100% 100% US 34 with I Temporary Traffic Signals Sycamore Rd. State Share 67% 67% City Share 33% 33% US 34 with I Video Detection Sycamore Rd State Share 67% 67% City Share 33% 33% Mayor Burd October 23, 2007 Page 2 It is mutually agreed that the actual signal maintenance will be performed by the City of Yorkville, either with its own forces or through on ongoing contractual agreement. Upon acceptance by IDOT of the new temporary traffic signal installation(s) included herein, the responsibility for maintenance and energy outlined above shall become part of the Master Agreement executed by IDOT and the City of Yorkville on July 6, 2001 . IDOT retains the right to control the sequence of timing of the traffic control signals installed at the said intersection. All current city ordinance, regulating parking, encroachments sanitary/storm water drainage along Route 34 shall remain in effect. Upon completion of the intersection, [DOT will assume responsibility of maintaining all through and turning lanes of US Route 34. The Department will assume maintenance of all curb and gutter adjoining the traffic lanes of US Route 34. You will note three copies of this Letter of Understanding are enclosed for your review. If you are in agreement with these proposals, please affix your original signature in the space provided on all three copies, retain one for your files and return two copies to the [ DOT District 3 office in Ottawa. If you have any comments or questions concerning this project, please feel free to contact Dan Devine at 815-434-8505. Your cooperation is appreciated. Sincerely, George F. Ryan, P. E. Deputy D7ector of Highways, Region ' Engineer By: Bruce A. Hucker, P.E. District Operations Engineer DD:ac sAopr\letter of understanding Approved: Mayor Burd, City of Yorkville Date AGREEMENT FOR SYCAMORE ROAD INTERSECTION 10"ROVEMENTS THIS AGREEMENT made this day of 2007, by and between the United City of Yorkville, an Illinois municipal corporation ("City"), and LaSalle National Trust, as Trustee under trust No. 47016 dated December 1, 1973 ("Owner/Developer"), as and for consideration of ten dollars, the receipt of which is hereby acknowledged and other good and valuable consideration. I Formatted: Left, Tabs: 0.43", Left RECITALS j + 3.25", Centered 1 . Route 34 is an east—west highway under the jurisdiction of the State of Illinois. 2. Sycamore Road is a north-south road presently terminating at Rt. 34 on its north, and is under the jurisdiction of the City. 3. Owner/Developer is the owner parcel of land consisting of approximately 221 acres ("Property") located on the north side of Route 34 and generally north of and across from Sycamore Road, generally depicted on Exhibit "A" hereto. 4. Due to the existing need and demand for traffic signalization at the intersection of Route 34 and Sycamore Road (the "Intersection") the City has engaged Smith Engineering to provide engineering services for the study, design and permitting for a temporary span-wire traffic signal to serve the existing three legs of the Intersection (the "Three Legged Intersection Improvements"), at a fee of$24,235.15. 5. Owner/Developer has presented to the City a request for annexation and a concept plan for development of the Property as a mixed use shopping center and residential development to be known as Rob Roy Falls ("Development"). 6. Owner/Developer has applied for and is in the process of seeking a Concept Plan Unit Development Approval for the Development (Exhibit "B"). 7. The City has not yet approved the Concept Plan for the Development. 8. The Development, if approved as planned, will convert the three-way intersection into a four-way intersection. 9. To accommodate its Development, if and when approved by the City, the Owner/Developer intends to pursue the design, permitting and construction of a permanent four- way traffic signal, and roadway improvements including traffic signal interconnections, turn bays, and pavement widening ("Signalization"). 10. The City intends to construct the Three-Legged Intersection Improvements without delay because of the present need and demand far the Three Legged Intersection Improvements, and without waiting for the potential completion of Owner/Developer's annexation, zoning and Concept Plan approval process for the Development, and the design, permitting and construction of the Signalization. 11 . The City and Owner/Developer agree that both Owner/Developer and the public will benefit from both the temporary Three Legged Intersection Improvements and the permanent Signalization of the Intersection. 12. The City and the Owner/Developer wish to economize on their respective costs of signalizing the Intersection, avoid waste and duplication of services and work, and complete the temporary and permanent improvements to the Intersection as expeditiously as possible. 13. The parties intend by this Agreement to share the costs of the Three Legged Intersection Improvements, and to share the costs of the Signalization if the City approves the Development in a way that is generally consistent with the concept Plan. 14, Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Illinois Intergovernmental Cooperation Act, 5 ILLS 220/1, et seq. encourages and provides for units of local government to cooperate, contract, and otherwise associate with individuals, associations and corporations for their mutual Benefit. 15. The City has found it to be in the best public interest to enter into this Agreement, and the Owner/Developer, and Owner/ Developer has found it to be in its bests interests to enter into this Agreement with the City. AGREEMENT In consideration of the premises and mutual promises contained herein, the parties agree that: 1 . RECITALS INCORPORATED 1 .1 . The foregoing recitals are incorporated herein by reference as though fully set forth. 2. DESIGN AND CONSTRUCTION OF THE THREE LEGGED INTERSECTION IMPROVEMENTS 2.1 . The City will contract for the study, design, permitting and construction of the Three Legged Intersection Improvements. The City has engaged Smith Engineering to provide engineering services for the study, design and permitting for the Three Legged Intersection Improvements, at a fee of $24,235.15. A copy of the proposed Smith Engineering services contract has been provided to Owner/Developer. 2.2. Owner/Developer will front-fund the study, design, permitting and construction of the Three Legged Intersection Improvements up to an amount not to exceed $100,000.00. The City will fund the balance of the cost of the Three Legged Intersection Improvements. 2.3. Owner/Developer will deposit $100,000.00 into an interest bearing escrow account established by the City to cover the City's expenses associated with the Smith Engineering design and construction contract for the Three Legged Intersection - 2 - Improvements within 10 days after the execution of this Agreement. Any remaining D�eletea: cityeatabhshesthatthecity funds in said account following the completion of the Three Legged Intersection jhats legal title to the 3.4 me parcel or properly located on Beecher Road Improvements will be promptly returned to Owner/Developer by the City. All interest between the Property and the Kendall shall be applied to the City's expenses associated with the Smith Engineering design and Marketplace Shopping eeate construction contract for the Three Legged Intersection Improvements, and after that, any remaining funds will be paid to Owner/Developer. 3. DESIGN, PERMITTING AND CONSTRUCTION OF SIGNALIZATION 3.1. The temporary Three Leeeed Intersection Improvements are not I Formatted: Font: (Default) Times New Roman, 12 pt permnitted to remain in service beyond Mav I , _010. Accordinel}_Owner/Developer l will complete the design and construction of the permanent Intersection Signalization Formatted: Font: (Default) Times improvements within twelve (12) months of the commencement of operation of the New Roman, 12 pt temporary Three Legged Intersection Improvements, but not later than May 1 , 2010, or within a timeframe as directed by IDOT in the approval of the temporary improvement; provided Owner/Developer's Concept Plan has been first approved by the City. 3.2. Owner/Developer will submit the Intersection Design Study to the IDOT within 90 days after execution of this agreement. Owner/Developer will begin with the Signalization Design Study upon execution of this Agreement. 3.3. The City will provide to Owner/Developer 50% funding, up to an amount not to exceed $175,000.00, as partial reimbursement for Owner/Developer's design and construction of the Signalization. Owner/Developer will be responsible for funding the remaining costs of the Signalization. In furtherance of this commitment, the City will identify this as a budget line item in the fiscal 2007-2008 City Budget. 3.4. If the Concept Plan is approved by the City, the City will reasonably consider the creation of a Business Tax District as a funding tool for allowable and qualified improvements to the site, where eligible under the Business Tax District statutes. In the alternative, if the Property does not qualify for a Business Tax District then the City agrees to reasonably consider sales tax incentives to the Property pursuant to the City's Economic Incentive Policy, Section 1, entitled Consideration for Incentives, Use of Funds That Maybe Considered, Incentive Parameters, Project Evaluation Criteria, and Sources for Funding. 3.5. Owner/Developer's Additional Responsibilities: Owner/Developer shall be the leading party for the design, permitting and construction of the conversion of the Three Legged Intersection Improvements to the permanent Signalization (the permanent four-way traffic signal, and roadway improvements including traffic signal interconnections, turn bays, and pavement widening). As such, Owner/Developer shall: 3.5.a Continue to process its applications for Development approval by the City without delay. 3.5.b Cause the preparation of design and construction drawings, plans and specifications for the Signalization consistent with the Concept Plan. - 3 - 3.5.c Submit the drawings, plans, specifications and construction schedule for the Signalization to the City fro approval before construction begins. 3.5.d Submit the drawings, plans and specifications for the Signalization and roadway improvements to IDOT for approval before construction begins. 15.e Cooperate with the City and IDOT to obtain the IDOT highway permit needed to construct the permanenC _ traffic signal and related mprovements inciuc'ing pt'oVidii he bondine necessay to obtain the eip nit. 3.5.f Provided that all necessary governmental approvals and public and/or private easements have been obtained, prepare the bids and let the contracts for the Signalization, such that the work will be done consistent with the approved items specified in Section 3.5.b. and 3.5.c.. 3 .5 .g Certify the bids and contracts for the Signalization, with all supporting documentation reasonably requested, to the City and the City Engineer. 3 .5 .h Award and administer the Signalization contracts. 35.i Submit the Signalization costs to the City prior to payment. 3 .5-j Pay all funds received from the City toward the costs of design and construction of the Signalization. 3.5.k Provide the CITY with all Signalization invoices, and all supporting documentation reasonably requested, within ten (10) days of receipt of invoice from the contractor. 3.6. City Responsibilities: 3.6.a Continue to process the Owner/Developer's applications for Development approval, without unreasonable delay. 3.6.b Review, comment upon and approve by written certificate, or approve by written certificate with appropriate changes, promptly, but in no event more than 10 business days after delivery by Owner/Developer, the Deleted; 5 Signalization drawings, plans and specifications, provided they are substantially consistent with the plans attached thereto as Exhibit "B". 3 .6.c Cooperate with the Owner/Developer and IDOT to allow Owner/Developer to obtain the 1DOT highway permit needed to construct the permanent traffic simial and related improvements 16A Review, comment upon and approve by written certificate, or approve by written certificate with appropriate changes, within t"i (10) business Deteted: rg CDeleted: 4 - 4 - • days after receipt from Owner/Developer, the bids and contracts for the Signalization improvements. 3.6.e No later than one month following the Owner/Developer certifying a portion or all of the Development costs to the City Engineer, pay Owner/Developer 50% of the invoice amount provided each such amount is then due and owing under the consultant or construction contract, and further provided the total of all such payments by the City does not exceed $175,000.00. 4. LAND USE APPROVALS 4.1 . The Parties agree that any obligation by Owner/Developer to fund the permanent, four-way traffic signal and roadway improvements including traffic signal interconnections, turn bays, and pavement widening (Signalization improvements) under this Agreement is contingent upon Owner/Developer receivin=all required land i!se approvals short of building permits. 5. TERM OF THIS AGREEMENT 5.1 . This agreement shall remain in full force and effect from the date of its execution by the parties until the last reimbursement payment owed from the either party to the other is made. CFormatted: Underline, All caps 6. ELECTION OF REMEDIES; ENFORCEMENT Formatted: Heading I � a j 6. 1 . Either party may terminate this Agreement against the other if there has- Fornnatbed: Bullets nd Numbering been a material breach, which breach has not been cured within thirty (30) days after Formatted: outline numbered + Y Level: 2 + Numbering Style: 1, 2, 3, written demand by the non-breaching path . The non-breaching palfv's election to ... + Start at: I + Alignment: Left + terminate shall not pri eclude an action to uw'sue all available Ieaal and equitable rights Aligned at: I" + Tab after: 0" + Indent at: 0.5" and remedies. The non-breachim, par[y shall be entitled to recover all of its reasonable costs and expenses incurred in pursuing them (including, without limitation reasonable attorneys' fees)_ hall action shall be brought in the Circuit Cotu't of the 16ei Judicial �rmaript circuit, Kendall County, Illinois. The laws of the state of Illinois shall cavern. Formatted: Bullets and Numbering j 7. ENTIRE AGREEMENT 7. 1 . The Agreement represents the entire agreement between the parties with respect to the Development, and supersedes all previous communications or understandings whether oral or written. 8. AMENDMENT OR MODIFICATION 8. 1 . No amendment or modification to this Agreement shall be effective until approved by the parties in writing. IN WITNESS WHEREOF, the parties set their hands and seals as of the date fast written above. - 5 - LaSalle National Trust, as Trustee under United City of Yorkville trust No. 47016 dated December 1, 1973 By: By: ,(�i55567_8 Formatted: Font: 9 pt 6 \CEO C/p` Reviewed By: Agenda Item Number 2 O J T Legal ❑ Mew Y11S1ME6S41Il EST , 1836 Finance F-1 Engineer ❑ g Tracking Number rsl h City Administrator ❑ •p `20 Consultant ❑ p V\l a Db—t_ 1�0 3 <GE ��'� ❑ Agenda Item Summary Memo Title: Capital project performance incentives/penalties Meeting and Date: Public Works Committee November 6,2007 Synopsis: Discussion of putting performance incentives and or penalties in capital project contracts Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive Recommendation from committee Council Action Requested: Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: QED C/py Reviewed By: Agenda Item Number N h O J o T Legal ❑ NC�ti ,� > tv > Finance ❑ EST. _ 1998 Engineer Q ` 3' g � � �� Tracking Number 4 L y City Administrator F1 9 O Consultant ❑ <kE �b� ❑ Agenda Item Summary Memo Title: Rt.47 @ Cannonball Trail—Intersection Design Meeting and Date: November 6, 2007 Public Works Committee Synopsis: A resident requested that a separate right-turn lane be provided for eastbound Cannonball Trail at Rt.47. The approved IDOT plan does not provide this turn bay. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None—discussion only Council Action Requested: None Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 0�, Memorandum EST. , I,= 1836 To: Brendan McLaughlin, City Administrato ® ��I lo y From: Joe Wywrot,City Engineer U � gip` CC: Lisa Pickering, Deputy City Clem <ZEc �`,♦. Date: October 31, 2007 Subject: Rt.47 @ Cannonball Trail—Intersection Design At the Ward 3 meeting on October 2981, a resident suggested that a separate eastbound right-turn be added to the design.Attached find a copy of the intersection design for the Rt.47/Cannonball Trail intersection, which shows that the IDOT-approved plan does not call for a separate turn bay. The intersection improvement process begins with a traffic study, which measures existing traffic volumes and estimates future volumes based on new development and long-term growth. Traffic volumes are estimated for the current year and typically 20 years into the future. The study also estimates traffic destinations,which are used to determine traffic volumes for separate movements through the intersection. The need for a separate turn bay for a certain movement (like a right-hand turn lane)is based on the estimated traffic volume for that movement. For eastbound Cannonball Trail,the volume of right-hand turning traffic did not warrant a separate turn bay. I checked with[DOT and found that the traffic study must show at least 150 vehicles per hour before they require a separate turn bay. For this intersection, the AM peak hour estimate was 40 vehicles, and the PM peak hour estimate was 70 vehicles. The addition of a right-turn bay would not significantly improve the level of service of the intersection. A separate left-hand turn bay will be provided, however,and that should help by reducing the number of vehicles in the combined straight-right turn lane. Please place this item on the November 6,2007 Public Works Committee agenda for discussion. E ' E 1 in 2' i cn 0 12' 0 .-� 80+55 .20 - - - - A I i 25 . 65 ' LT 80 +55 .20 r - 1 6 . 00' LT E h i Tray l y—} � 3 I B $ 1+71.15. roC4nnonball � � -- ' 6 .00' LT 49 87 S a - - - - - ' �, - . 00 ' L- T 5 - - - - - - - - - - - - - - - - - - - - - - - - - �-- - - - - - - - - - - - - - - _ - - - - - - - - - ` - 80+0 - - -.- - - - - - --- , - -- = = - - - - - - - - - - - - - - - - - - - - -�- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "0 � --� - -{,- - ---� — _ - - i - - - - - - - - - - - - - =- - - - - - - - - - . � . A - - - - - - - - - - - - - „ , s � 3 - - u j 81+71. 15 B 49 +30 .87 ! C 6 . 00' RT ii 6 . 00' RT E 80.+55 .20 `J 49+30. 87 a 6 . 00' RT 19 . 00' RT u ( u o u 12' fl 0 I v fl fl 12' 4J 0 fl E u w STA 852+11.00 fll : VI • , B wl • 111 • : '. i Ifl MATCH EXISTING PAVF"kAPNT 4AAPleT 1CC ;; ', Reviewed By: Agenda Item Number J T Legal ❑ NF.W VkkSINU&S IJ EST. 1636 Finance ❑Engineer eer ' -�� � Tracking Number < City Administrator Consultant ❑ pw aoc�'F I�5 E F-1 Agenda Item Summary Memo Title: Speedway Station—Storm Sewer Replacement Meeting and Date: November 6, 2007 Public Works Committee Synopsis: This proposal is for replacement of a section of 48" CMP storm sewer that runs through the Speedway site. The proposal is for the amount of$12,000.00. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: �\,�tio cry y Memorandum EST , 1836 To: Brendan McLaughlin, City Administrat r ~ From: Joe Wywrot, City Engineer 0 �® 41 p CC: Lisa Pickering, Deputy City CI X �e�' Sue Mika, Finance Director kE Date: October 30, 2007 Subject: Speedway Station — Storm Sewer Replacement This project began construction earlier this month. During construction we identified a problem with an existing storm sewer that runs through the eastern part of the site. Please refer to the attachment. Although we knew a storm sewer existed in this general area, we had limited information about its size and alignment and no information about its depth or condition. The sewer was probably constructed about 50 years ago, and there are no manholes along its length to allow for inspection. The Speedway redevelopment plan included the realignment of a deep sanitary sewer in the general area of the storm sewer. During the construction of this sanitary sewer the storm sewer was exposed at two locations and we determined that it is a 48" diameter corrugated metal pipe (CMP) about 15 feet deep. The sewer has deflected over time such that it is no longer round, although it still functions. The sewer will be located about 10 feet from the future Speedway convenience store. Speedway will replace two sections of the storm sewer at the points were it has been crossed by the new sanitary sewer. This would leave a 40-foot section of the older sewer in place immediately adjacent to the Speedway store. We asked the contractor onsite for a price to replace this 40-foot section, and have received a quote of $ 12,000. The cost of replacing this sewer should it fail after the Speedway site is re-developed could easily be twice or three times that much due to the additional costs of protecting the building and restoration. This item was discussed as Additional Business at the Committee of the Whole meeting of October 9, 2007, and the consensus was to proceed with the work. The work has since been completed. We need to process the quotation through the normal channels for approval and then pay the contractor for this work. Please place this quotation on the Public Works Committee of October 30, 2007 for consideration. i Oct 30 07 11 : 37a SandK Excavating 630 553 9471 p . 2 PROPOSAL S & K EXCAVATING & TRUCKING, INC. 7225 CATON FARM ROAD YORKVILLE, IL. 60560 PHONE: (815) 695- 1100 FAX: (815) 695-1101 PROPOSAL SUBMITTED TO: City of Yorkville Joe Wyratt DATE: October 10, 2007 PHONE: 630-553-4350 FAX: 630-553-3436 S & K EXCAVATING & TRUCKING, INC. HEREBY PURPOSES TO: JOB: Storm Sewer near Speedway Description of Work: 70' 48" Storm Sewer Installed Labor Materials Trench Backfill TOTAL $ 122000.00 *Quo o not include En g' ee Layo t units or Bonding. BY: The Cos r shall pay 1 .5;6 per interest o an a ance remaining on any outstanding invoice 30 days aft voice date. Customer shall pay contr tor' reasonable attorney fees and costs to collect any account over thirty days, 10% liquidation damage consents to jurisdiction of any dispute with the Eighteenth Judicial Circuit Court of Dupage County, IL. Date Accepted By -- <y It L] d F n 1 I ❑ I Y'�dl � t" � --�� I I p nmm A I t J Al I y I F.F=62Bb0 E� I NEW C2 ';o B�IILDING I 5EE ARGFIITEGNRAL Fa1NDATION P rr I PLA45 FOR 'WILDING pl1-IEN5ION5. o N N ��yy / — -- CUP L%IStIPIp pI' � N m A — —gc N i Reviewed By: Agenda Item Number O J T Legal ❑ Finance ❑ EST. , 1636 `� Engineer .yam -�� g ��' Tracking Number p �I rl City Administrator ❑ 9 `�O Consultant ❑ F-1 ID� lP <ILE �b� Agenda Item Summary Memo Title: Autumn Creek Unit I —Bond Reduction No.I Meeting and Date: November 6, 2007 Public Works Committee Synopsis: These two bond reductions for earthwork and sitework improvements are based on work completed to date. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: A D C/ty A% Memorandum EST. 1836 To: Brendan McLaughlin,.City Ad trator From: Joe Wywrot, City Engineer U 9 L�!°.lam p CC:Lisa Pickering, Deputy City Cl 4.E Jackie Dearborn, Civil Engineer Date: October 30,2007 Subject: Autumn Creek Unit 1 —Bond Reduction No.I Attached find a request from Smith Engineering Consultants, on behalf of Pulte Home Corporation,to reduce the bonds for Autumn Creek Unit 2.The request is based on work completed to date. I have reviewed the request and in general concur with the amount of work performed. The only difference was in the erosion/sediment control category, where I recommend that we retain 20%of the cost until the area is completely stabilized. I recommend that Fidelity&Deposit Company of Maryland Bond#08824717 for site improvements be reduced by the amount of$5,291,681.62. The remaining amount of the landscaping bond would be $2,132,149.79. I recommend that SafeCo Surety&Bond Company Bond#6346371 for earthwork and erosion/sediment control be reduced by the amount of $1,710,272.08. The remaining amount of the earthwork bond would be$393,190.27. Please place this item on the Public Works Committee agenda of November 6,2007 for consideration. i Page 1 of 1 Joe Wywrot From: Stanko Jeff [Jstanko @secgroupinc.com] Sent: Thursday, September 27, 2007 4:43 PM To: Joe Wywrot Cc: Jason Polakow; Huinker Pete; Huhn Ken; Hanegmon Matt Subject: Autumn Creek Subdivision Attachments: 040024.05-Autumn Creek-LOC Reduction #1 -092707.pdf Mr. Wywrot, On behalf of Pulte Home Corporation, we hereby submit for your approval Letter of Credit Reduction Request #1 , dated September 27, 2007, for construction activities completed to date at Autumn Creek Subdivision. Please find the aforementioned document attached for your review. If you should have any questions or require any additional information, I can be reached at 630.553.7560. Thank you. Jeffrey R. Stanko, P. E. Civil Engineer III Smith Engineering Consultants A Division of SEC Group, Inc. 651 Prairie Pointe Drive, Suite 201 Yorkville, Illinois 60560 1. 630.553.7560 f. 630.553.7646 Www.Secgroup_in_ ccom The contents of this transmission and any attachments are confidential and intended for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. 9/28/2007 i U ca cad U U O "C G � V 'V MN '. a5 p 0 (� N V V O w N O M � O_ 00) LMT C N HY M O N E9 fA n o E E 0 6 M co ICN) O c W4T CN CL O C o�D N N E Q U V � U n C 0 0 N N O O O O Q � k (O NO V fl. V co N t0 N E N � oct00N N 0 O � N O V � N OD N co O r d 'C 'C 60 m E o o Q O 3 U O C C C w M N M cc m 'O N =Om Oc'1 CON r m 0 m :p N (0 (aJ � N � \ o N _ N O (p N o d a# O N O N a r CO a j J � m U � QN OO N E O M ) oD oDN oO of w W m N r � N c c c CL w � o U U LO M OO O 0 0 m 0 m o U E c m W d 0 E U E Z Z a m w o cU gem N o 0 `o c m o _> '5 3 o N w v v c r O1 m a; y E o 0 U) wmo � w WU) z m cOi O (6 Q N U I O C C � OOD OR 0000 Cl) � t6 con O 6 O m E z � ONO O O N W 14, C U v 0) 02 0 1, NO 0 N o J d' Mr mco c0 (O M d O(f1 NfA f9 fA fA O N O O (9 a Q E N � C 0) NM cc) O N � O1 0 O M. MMO (O E @ c M COCOON E (a O 0OOOO tO tOO LO t0O U f0 O O M O) tD - C Q v m O 00 W O O � n O N r f9 N O' N ffl o V> f9 f9 (A O E _ 05 N N � N Q � (D t0 (00000) 00 N (D N � atr � u> vOror 0 M v W O E NN M CO fO MO 70 C N - p U O O ` OO v (O 0) O O H (D E % (O M N (A .- t0 CL a � a O c6 O � _ i0 E 0 O O1 a) � . fA O C a) l0 T O > N'6 C N E E W .2 l6 N E N (D V U N @ (n L = O (D n 'p CO 00N Oa N Ul (6 3L Q U Q' v C C m M [F v (O co V -O C 0) 'O ONO O _m0 t-- n M v 0) (3q `�- NL 7y @ CL O O E V n (O MO1n V W O m N `O O) N m d it O U n O W n O N o O l0 ~ N C 0 CJN tOMNN Iry U U E (6 0) N 0) O O N 63 P': m N Im U N °- V! f9 ER fR Efl �O 3 l0 C W O) No 0t000. 0 J O a) N O (0 E Ogg aa) C6 V) O) NO � r co f5 O O 2 04 M d cc M M O N N 0 M N m O. W O M ( r� M OD O O V V V N C G Q O M N � N n m W m 3 j E N _ __ __ fH (0 00 W W LU 5 ao 3 FA 4i EfT E9 (fl' J J _ Q l)_ N L O O) V �p E o 0. d aa) U 0 c U a 3 c (f) o c_ U N O m y E cc Z E m 0 'O J 'O E W N N y 'O U O N w d C 0 O 0) 0 .2 O l6 w O O l0 (norm wwU) U') gJr z m `QED C/py Reviewed By: Agenda Item Number J� �f C•n Legal El tk c EST. , ® 1836 Finance F-1 Engineer g :)" Tracking Number X09 City Administrator ❑ Consultant ❑ a Ud- 1 -J U -1 <LE F] Agenda Item Summary Memo Title: Kendallwood Estates-Offsite Easement Meeting and Date: November 6, 2007 Public Works Committee Synopsis: This easement agreement will allow the Kendallwood Estates developer to construct watermains, and construction and emergency entrances to Rt.126. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: A Memorandum Esr To:Brendan McLaughlin, City Admmistrator y From: Joe Wywrot, City Engineer U1 CC: Lisa Pickering, Deputy City C k 2 <LE Date: October 30,2007 Subject: Kendallwood Estates—Offsite Easement Attached find one copy of a proposed easement agreement between the Kendallwood Estates and Woodstone developers. The agreement allows the Kendallwood Estates developer to construct watermains across the Woodstone property,as well as build a construction entrance and provide an emergency access point to Route 126. I have reviewed the agreement and recommend approval. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. 10/16/07 GRANT OF EASEMENT AGREEMENT FOR WATER MAIN CONSTRUCTION, AND EMERGENCY ACCESS. This Grant of Easement is made this _ day of 2007, by Yorkville 126, LLC., an Illinois Limited Liability Company (hereinafter referred to as "GRANTOR") to The United City of Yorkvillle, an Illinois Municipal Corporation, (hereinafter referred to as "CITY") and Kendall Land Development LLC., an Illinois Limited Liability Company, (hereinafter referred to as "GRANTEE"). The GRANTOR, CITY, and GRANTEE are often referred to collectively as "Parties" WITNESSETH WHEREAS, the GRANTOR is the owner in fee simple of a certain parcel of real estate, which is legally described on "Exhibit A" attached hereto and made a part hereof (hereinafter described as the "GRANTOR PROPERTY"); and WHEREAS, the GRANTEE is the owner in fee simple of a certain parcel of real estate known as the Kendallwood Estates Subdivision which is legally described on "Exhibit B" attached hereto and made a part hereof (hereinafter described as the "GRANTEE PROPERTY"); and WHEREAS, the GRANTEE PROPERTY and the GRANTOR PROPERTY are located North of Illinois Route 126 in Yorkville, Illinois, and are contiguous to one another. WHEREAS, the GRANTOR wishes to grant to GRANTEE and the CITY for ingress and egress over, upon and across a certain portion of the GRANTOR PROPERTY a temporary non- 132343/1 1 60068/1 exclusive emergency access easement legally described on "Exhibit C" attached hereto and made a part hereof (hereinafter described as the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES"); and. WHEREAS, the GRANTOR also wishes to grant to GRANTEE a Permanent utility easement upon that portion of the GRANTOR PROPERTY legally described on "Exhibit C" to provide for the installation and maintenance of a 12" and an 8" water main. WHEREAS, the parties wish to make certain agreements regarding such easements. NOW, THEREFORE, in consideration of the payment of the non-refundable sum of $ 10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: Recitals Incorporated 1 . The foregoing recitals are substantive and are incorporated by reference in this paragraph 1 as though fully set forth herein. Grant of Easements 2. (A) The GRANTOR hereby grants to the CITY and GRANTEE and their successors and assigns, as an easement appurtenant to the GRANTEE PROPERTY, a non-exclusive temporary emergency service access for ingress and egress over, upon and across the portion of the GRANTOR PROPERTY, identified as the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, and legally described and depicted on Exhibit "C" attached hereto, belonging to the GRANTOR PROPERTY. GRANTOR ftirther grants to GRANTEE at GRANTEE' S sole expense the right to construct a temporary emergency access drive within said TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, as well as to construct and install the water mains described in subsection (C) below. (B) The TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES shall serve to provide a means of access for emergency equipment and emergency personnel to and from the GRANTEE PROPERTY to Illinois Route 126. (C) The GRANTOR hereby grants to the CITY and GRANTEE and their successors and assigns, as an easement appurtenant to the GRANTEE PROPERTY, a non-exclusive permanent utility easement to provide for the installation and maintenance of an 8" and a 12" water main over, upon, along, under, through, and across the portions of the GRANTOR PROPERTY as identified as the PERMANENT EASEMENT PREMISES, and legally described and depicted on Exhibit "C" attached hereto, belonging to the GRANTOR PROPERTY. GRANTOR retains the right to tap into the water mains at a location or locations of its choosing on the GRANTOR PROPERTY. 132343/1 2 60068/1 (D) Upon GRANTOR obtaining its first building permit from the City of Yorkville for the GRANTOR PROPERTY, GRANTOR shall reimburse GRANTEE for a portion of GRANTEE' S costs incurred in extending and constructing the water mains through the GRANTOR PROPERTY which will serve to benefit the GRANTEE PROPERTY and the GRANTOR PROPERTY. Said reimbursement shall be the subject of a mutually acceptable recapture agreement entered into between the GRANTEE, GRANTOR and the CITY. If the GRANTOR does not obtain a building permit from the City of Yorkville within the term of the recapture agreement, then upon the expiration of a fifteen year period commencing with the date of this agreement, GRANTOR shall reimburse GRANTEE directly for it's proportionate share of water main improvements. The engineers estimated recapture costs for design, engineering, and construction and percentage allocation to each party for the water mains is attached hereto as Exhibit "D". (E) The right is also granted to trim or remove any trees, shrubs or other plants on the PERMANENT EASEMENT PREMISES that interfere with the operation of the water mains. No permanent buildings shall be placed on the PERMANENT EASEMENT PREMISES, but same may be used for landscaping, recreational facilities, and other purposes that do not interfere with the aforesaid uses or rights. (F) GRANTOR also hereby grants to the GRANTEE, its successors and assigns a temporary construction easement and an access easement over, upon, under, across, and through a parcel of real estate twenty-five (25) feet wide and located adjacent to the PERMANENT EASEMENT PREMISES and the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, legally described and depicted on Exhibit "C" attached hereto for the purpose of constructing and installing water mains and related facilities, all upon the terms and conditions set forth herein, hereinafter "TEMPORARY WATER MAIN CONSTRUCTION EASEMENT". The TEMPORARY WATER MAIN CONSTRUCTION EASEMENT PREMISES shall automatically terminate and be of no further force and effect on the second anniversary of the date this Agreement is recorded. (G) The GRANTEE shall have the perpetual right, privilege, and authority to access, survey, construct, reconstruct, test repair, inspect, maintain, renew, operate, and patrol the water mains, together with any and all necessary connections, appliances, appurtenances, hydrants and other structures related to the water mains as may be deemed necessary by said GRANTEE, over upon, under through the PERMANENT EASEMENT PREMISES, for the purpose of serving the Kendall Wood Estates, together with the right of access along Route 126 for necessary men and equipment to do any of the above work. GRANTEE shall conduct such work in a manner that does not interfere with or diminish the utility service to the GRANTOR during the GRANTOR' S business hours and in a manner that does not interfere with the conduct of business on the GRANTOR PROPERTY; and if the watermain is being relocated, then the GRANTOR and GRANTEE shall coordinate such interruption to eliminate any detrimental effects. Any party undertaking such work shall notify the other parties to this Agreement at least ten (10) days prior 132343/1 3 60068/1 to starting such work. (H) The above notwithstanding, GRANTEE, or its designees, shall, upon the completion of any work authorized by this grant, restore the TEMPORARY WATER MAIN EASEMENT PREMISES and PERMANENT EASEMENT PREMISES to the same surface condition that existed prior to the beginning of the work. Termination of Temporary Emergency Access Easement 3 . If GRANTOR chooses in its sole discretion to construct a public road on the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, the rights granted in the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES created" herein shall terminate immediately upon completion of construction and acceptance by the CITY of the public road. Limitations On Use of the Easements 4. Other than the construction of a temporary gravel or binder course emergency access driveway, and the aforesaid 8" and 12" water mains for the purposes stated in paragraph two (2) of this Agreement, no structure or obstruction of a permanent nature shall be installed or constructed by GRANTEE over, under or through the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES or the PERMANENT EASEMENT PREMISES. 5. GRANTEE agrees that all work performed in constructing the temporary access upon the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES and the water mains upon the PERMANENT EASEMENT PREMISES shall be in accordance with plans, design, and specifications approved by the CITY and GRANTOR. 6. GRANTOR, CITY, and GRANTEE hereby acknowledge and agree that emergency vehicles, emergency equipment and emergency workers shall have unobstructed access between Illinois Route 126 and the GRANTEE PROPERTY upon the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES. GRANTOR reserves the right to erect such barriers as may be approved by the CITY to insure that the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES is used only by emergency vehicles and workers. GRANTEE agrees that if CITY requires GRANTEE' S contractors or agents to use the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES as a construction access and said contractors or agents use the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES as a construction access prior to GRANTOR granting permission to GRANTEE to use the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES as a construction access, GRANTEE shall then pay GRANTOR $ 10,000, and GRANTOR shall immediately grant GRANTEE, its agents and contractors construction access over the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES. Further, GRANTEE agrees to include in its contracts with its contractors and subcontractors a provision prohibiting the contractors and subcontractors from using the * TEMPORARY EMERGENCY ACCESS EASEMENT 132343/1 4 60068/1 ii i i PREMISES as a construction access and shall also post signs containing such prohibition. If GRANTEE' S contractors or agents use the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES as a construction access of their own volition, GRANTOR shall notify GRANTEE and GRANTEE agrees to cure such default within five (5) days. If GRANTEE' S contractors or agents continue to use the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES as a construction access the GRANTEE shall pay GRANTOR $ 10,000 within ten (10) days following demand from GRANTOR. Maintenance of Easement 7. GRANTEE, its successors or assigns shall be solely responsible to maintain the access drive located upon the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES until such time as the GRANTOR commences development of the GRANTOR PROPERTY. Thereafter, GRANTOR shall reimburse GRANTEE for 50% of the obligation to maintain the TEMPORARY ACCESS EASEMENT PREMISES unless a public street has been constructed upon said TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, and has been dedicated to the CITY. GRANTOR shall have the right to audit GRANTEE' S books relating to such maintenance for which GRANTEE is requesting reimbursement from GRANTOR. 8. All maintenance and repair of the PERMANENT EASEMENT PREMISES and TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES shall be made so as to interfere as little as practicable with the GRANTOR PROPERTY and the rights granted to the GRANTEE pursuant to this Agreement and with the operations of GRANTEE or GRANTEE' S employees, agents, tenants, invitees or licensees. Covenants Running With The Land 9. All provisions of this Agreement, including the benefits and burdens set forth herein, shall run with the land and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Successor Owners 10. Whenever a transfer of ownership of either GRANTOR PROPERTY or GRANTEE PROPERTY occurs, the liability of the transferor for any breach of covenant occurring thereafter shall automatically terminate with respect to such transferor. Any transferee shall automatically assume and be bound by the burdens and obligations hereunder running with the land to the owner of the property or portion thereof being transferred with the exception that no obligation created pursuant to this Agreement shall apply to individual lot purchasers in the Kendallwood Estates Subdivision, so long as GRANTEE remains the owner of more than 132343/1 5 60068/1 twenty-five percent (25%) of the GRANTEE PROPERTY. Once GRANTEE has sold twenty- five percent (75%) or more of the GRANTEE PROPERTY, or if GRANTEE sells the GRANTEE PROPERTY as a whole parcel, GRANTEE shall be required to post its maintenance bond with the CITY to cover the cost of maintaining the PERMANENT EASEMENT PREMISES and TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES. Appurtenance 11 . All easements granted pursuant to the terms of this Agreement are and shall be appurtenant to the GRANTEE PROPERTY which benefits from such easement. The rights granted under this Agreement to the PERMANENT EASEMENT PREMISES and TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES may not be divided or separated from the ownership of the GRANTEE PROPERTY to which the easements are appurtenant. Rule of Strict Construction 12. The rule of strict construction does not apply to the grants herein. The grants herein shall be given a reasonable construction to carry out the intention of the parties hereto to confer a usable right of enjoyment of the CITY, GRANTOR and GRANTEE. Effective Upon Execution 13 . This Agreement shall be in full force and effect upon execution thereof by all Parties hereof. Amendments 14. No amendment to this Agreement shall be valid and effective unless signed by all parties to the Agreement. Conflict of Law 15. This Agreement shall be construed and governed by the laws of the State of Illinois, without regard to its conflict of law provisions. Constructive Notice 16. Every person now or hereafter owning or acquiring any right, title, or interest in or to any portion of the GRANTOR PROPERTY or GRANTEE PROPERTY is and shall be conclusively deemed to have consented and agreed to every condition, and restriction contained herein, by reference or otherwise, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the GRANTOR PROPERTY and/or 132343/1 6 60068/1 GRANTEE PROPERTY. Hold Harmless 17. GRANTEE shall defend and hold GRANTOR harmless from any and all liability or damages directly or indirectly related to GRANTEE' S work within the PERMANENT EASEMENT PREMISES, the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, or the TEMPORARY CONSTRUCTION EASEMENT PREMISES, except for damages caused when GRANTOR is solely at fault. GRANTEE shall not allow any liens or any other charges to be assessed against any of the PERMANENT EASEMENT PREMISES, the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, or the TEMPORARY CONSTRUCTION EASEMENT PREMISES or the GRANTOR PROPERTY and if any of the PERMANENT EASEMENT PREMISES, the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, or the TEMPORARY CONSTRUCTION EASEMENT PREMISES or the GRANTOR PARCEL becomes subject to any such lien, GRANTEE shall promptly cause such lien to be released and discharged of record or bonded. Prior to entry upon the PERMANENT EASEMENT PREMISES, the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, or the TEMPORARY CONSTRUCTION EASEMENT PREMISES GRANTEE will provide a certificate of insurance to the GRANTOR evidencing that GRANTEE has liability insurance of at least $2,000,000.00 naming GRANTOR as an additional insured and covering this indemnity and any personal injury or property damage which may occur on the PERMANENT EASEMENT PREMISES, the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, or the TEMPORARY CONSTRUCTION EASEMENT PREMISES as a result of the presence of the GRANTEE, its contractors, employees, or its agents. Notices 18. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered in person to the parry to whom it is addressed or two (2) days after deposit in the U.S. mail if sent postage prepaid by United States registered or certified mail, return receipt requested, to the following addresses: If to GRANTOR: Naperville 126 LLC C/O Shepherd Group LLC 500 E. Ogden Avenue, Suite 204 Naperville, IL. 60563 with a copy to: Thomas Cahill., Esq. 1155 S. Washington Street, Suite 106 Naperville, IL. 60540 If to GRANTEE: Kendall Land Development, LLC. 132343/1 7 60068/1 90 Ashkirk Court Inverness, IL. 60010 with a copy to: John F. Philipchuck, Esq. Dommermuth, Brestal, Cobine & West Ltd. 123 Water Street Naperville, IL. 60540 If to CITY Mike Roth, City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL. 60560 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. 132343/1 60068/1 i GRANTOR: Y LLE 126, LLC. An Illinois ited Liability Company By: Manager STATE OF ILLINOIS ) )SS. COUNTY OF IOd I, the undersigned, a�Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Fran k S o✓W a,ri 5 , personally known tome to be the Manager of j o r k en jl � 12-6 LLC, an Illinois limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as the Manager he signed and delivered the said instrument, as his free and voluntary act, and as the free and voluntary act and deed of said limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal, this AZ � day of Oc�ta 6e r 2007. NOT PUBLIC Chi SEAL" Thomas B . Cahill Notary Public, Stata of Illinois [61OFFICIAL y Commiaaion ExIn 12/06/07 132343/1 9 6006811 - - - GRANTEE : KENDALL LAND DEVELOPMENT LLC. An Illinois Limited Liability Company By: Manager STATE OF ILLINOIS ) )SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the Manager of Kendall Land LLC, an Illinois limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as the Manager he signed and delivered the said instrument, as his free and voluntary act, and as the free and voluntary act and deed of said limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal, this day of 2007. NOTARY PUBLIC 132343/1 10 60068/1 'I CONSENTED TO BY: THE UNITED CITY OF YORKVILLE. An Illinois Municipal Corporation By: Mayor By: City CIerk This instrument was prepared and after recording return to: Vincent M. Rosanova. Dommermuth, Brestal, Cobine & West, Ltd. 123 Water Street Naperville, IL 60540 132343/1 - 11 60068/1 LIST OF EXHIBITS Exhibit A: Legal Description of the GRANTOR PROPERTY Exhibit B: Legal Description of the GRANTEE PROPERTY Exhibit C : Legal Description of the EASEMENTS Temporary Emergency Access Easement Permanent Easement for Water Main Temporary Construction for Water Main & Emergency Access Road Exhibit D : Engineers Opinion of Probable Cost for Water Main Improvements. 132343/1 12 60068/1 EXHIBIT "A>, 132343/T 13 60068/1 uo�atro�ic' /� Fn otc-o i i That part of the North half of Section 4 , Township 36 ,4I North , Range 7 Fast of the Third Principal Meridian , des- F , cribed as follows : Commencing at a point on the East line of the Northwest quarter of said Section 1078 . 6 feet South a of the Northeast corner of said Northwest quarter being on the center line of an abandoned road ; thence South 43° 231 East 4 . 2 feet for a place of beginning ; thence North 430 23 • West along the center line of said road 1161 . 4 feet ; thence North 68° 39+} • West along the center line of said road 421 .3 feet ; thence South 211 West 386 . 3 feet ; thence North 89° 561 West 206 . 9 feet to the center line of Illinois Route 126 ; thence South 57° 26 ' East along the center line o ": j said Route 126 to a point in a line drawn South 1° 7 • West from the point of beginning ; thence North 1° 71 East to the point of beginning ; I (except that part conveyed to Fox and Illinois Union Railroad Company by deed dated September 13 , 1911 and recorded February 28 , 1912 in Deed Record 66 , page 295 ) in the Township of Kendall , Kendall County , Illinois . I • I I i I I I � I I i i EXHBIT `B" 132343/1 14 60068/1 i KENDALLWOOD LEGAL DESCRIPTION FOR PLAT OF SUBDIVISION: THAT PART OF THE WEST HALF OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 7 EAST AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREES 11 MINUTES 39 SECONDS WEST, 1356.81 FEET TO A POINT ON THE SOUTH LINE OF A TRACT DESCRIBED IN A QUIT CLAIM DEED FROM PALOS BANK AND TRUST COMPANY, TRUST NO. 1 -1620 TO BRUCE 0. AND VIRGINIA J. BUHRMASTER, HIS WIFE, RECORDED AS DOCUMENT NO. 83-5890 ON DECEMBER 23, 1983 ; THENCE NORTH 88 DEGREES 48 MINUTES 03 SECONDS EAST, ALONG THE SOUTH LINE OF SAID TRACT, 45 .21 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33 ; THENCE NORTH 01 DEGREES 11 MINUTES 45 SECONDS WEST ALONG SAID EAST LINE, 937.62 FEET; THENCE NORTH 85 DEGREES 17 MINUTES 22 SECONDS WEST, 291 .34 FEET; THENCE NORTH 04 DEGREES 42 MINUTES 22 SECONDS EAST, 326.86 FEET TO THE CENTER LINE OF VAN EMMON ROAD; THENCE NORTH 85 DEGREES 17 MINUTES 09 SECONDS WEST, ALONG SAID CENTER LINE, 66.00 FEET; THENCE SOUTH 04 DEGREES 42 MINUTES 22 SECONDS WEST, 308.01 FEET; THENCE NORTH 85 DEGREES 16 MINUTES 54 SECONDS WEST. 257.22 FEET TO THE FORMER EASTERLY RIGHT OF WAY LINE OF THE FOX AND ILLINOIS UNION RAILWAY COMPANY; THENCE SOUTH 05 DEGREES 47 MINUTES 04 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 1211 .70 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1 ,017.52 FEET, AN ARC LENGTH OF 309.01 FEET; THENCE SOUTH 11 DEGREES 36 MINUTES 56 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 113 .42 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 920.47 FEET, AN ARC LENGTH OF 568.41 FEET; THENCE SOUTH 23 DEGREES 45 MINUTES 47 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 447.21 FEET TO THE CENTER LINE OF AN ABANDONED AND VACATED ROAD; THENCE SOUTH 71 DEGREES 03 MINUTES 22 SECONDS EAST ALONG SAID CENTER LINE, 141 . 15 FEET; THENCE SOUTH 45 DEGREES 47 MINUTES 48 SECONDS EAST ALONG SAID CENTER LINE, 1 , 158.35 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 01 DEGREES 26 MINUTES 53 SECONDS WEST ALONG SAID EAST LINE 1 ,079.24 FEET TO THE POINT OF BEGINNING, AND THAT PART OF THE NORTHEAST QUARTER OF SAID SECTION 4, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREES 26 MINUTES 53 SECONDS EAST, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, 1079.24 FEET TO A POINT ON THE CENTER LINE OF AN ABANDONED AND VACATED ROAD FOR THE POINT OF BEGINNING; THENCE SOUTH 45 DEGREES 47 MINUTES 48 SECONDS EAST, ALONG SAID CENTER LINE, 179. 12 FEET; THENCE SOUTH 01 DEGREES 16 MINUTES 58 SECONDS EAST, 181 .06 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE NO. 126; THENCE SOUTH 59 DEGREES 49 MINUTES 06 SECONDS EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 82.07 FEET; THENCE NORTH 01 DEGREES 16 MINUTES 58 SECONDS WEST, 273 .96 FEET; THENCE NORTH 45 DEGREES 47 MINUTES 48 SECONDS WEST, PARALLEL WITH THE CENTER LINE OF SAID ABANDONED AND VACATED ROAD, 279.47 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREES 26 MINUTES 53 SECONDS EAST, ALONG SAID WEST LINE, 121 .62 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. EXHIBIT «C„ 132343/1 IS 60068/1 III mla PMmebnel DMIMI Flom N I84 W[ t W GRANT OF EASEMENT In SEC GROUP, INC. Smith Engineering Consultants • SEC Automation • SEC Planning 6C1imer PdM go irge RO1 Vpk9111e IL 6060 L 69p559.]560 f W0.65].lbib PART OF THE NORTHWEST QUARTER OF SECTION 4, wW...m`wanNlK,am eM6Wedn9�3erymuMncmm 05019Fememenly-09MOSOry TOWNSHIP 36 NORTH, RANGE 7 EAST aNP. Nan OT OU,STANDARD KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS WOO. Oboa l O CENTERLINE or ABANDONED J VACATED RDADND Q2D Q 333 1J a � � 1 FUTURE KENDALLWOOD LISkE„p ESTATES SUBDIVISION R=1048.45 / l B t L=16.22'5' R=1048.4 / ph/6K' s°op P.O.B. - WA TERMINI AND L=&30' \ T A k EMERGENCY ACCESS EASEMENT ORIENTATION MAP NOT TO SCALE \ 1500' WATERMAIN EASEMENT /It LU \ N06135g £ \ \ \ HEREBY CRgN)£D h4 /7M P; / oys3i P.O.C. 4 4 i WATERMAIN \ / O ry1 / 94 EASEMENT \ moo' TEMPORARY / / 61' / `-may N' \ CONSTRUCTION EASEMENT 0�5/ \ 200' \ \ \ \ \ HEREBY GRANTED \�9• \ \ \ \ \ \R\f in \ \ �s'°f an gm a CURRENT NOR R.O:W. LINE Of / /OW / 66.00' WAILRMAIN AND 1 v2 \ \ \ ILLINWS ROOM 116 / / h Fy / EMERGENCY ACCESS CASEMENT £ Air\ \ \ \ \ / HEREBY GRANTED a '06'47'W CENTERLINE OF 6 AND VACATED ROAD \ 10.00'/ )£MPORARY S30D6'47'W / 20.00' / CONSTRUCTION EASEMENT WATER MAN AND �ss / HEREBY GRANY A +T Y ACCESS W SEA0 A \ \ \ \L N9*yo 1NAr PAR] C£ 1NE NAPRIIIEST WAfF M sECPQV 4. roNNSx/P Y NPRix, RANGE J LAST OF ME WA IN T/ / TOM PRINCPAL MERSTAN OrRT A ARM MDT STRAP OF LAW IRA N0.4MEAS1L4LY M MC WATERMAIN NCRMMLY RMOT OF E CF IUJ%NM ACHE 136 AND SWTHERLY N ME CIAHEMPC OF AN CAN EASEMENT RAWMIrO AND VACATED ROAD. MORE PARTICULARLY DEARIRN AS FOLLOMS C NARTA ING AT MC RNWAST CORNER LY ME NCR]NMSr CUARTW O SAM SECRON 4. MENCE SHIM Ol MEANT T.6 JANMA k ?J£4YH \ ST SMAIMS CAST. ALOM ME EAST ONE D` ME NOR. MNEST WARNR OF SAM =O N [IA, M.24 FELT M A PONY ON MC CDODUMC D`AN ABANOCNFO AND VACINT RWtr MENll MAIN 45 MOVES 47 MINUTES 48 MUCOWS AND AHM 5419 CEADOR AN4 536.90 FE£i FOR ME \ PONY OF DETJNMNG DRINK 140.33 EE£T SWMMSE RMY ALWLG A LIARK M ME LEFT MAIN A \ RADIUS CF al FCCA AND A 4YNAD MA] DEARS SCUM J4 PHIMES MWOODS 37 SOMMS \ \ NEST. A CHORD DISTANCE K 14819 CFA, PENCE SWM 50 O£GRLES IN MIW1 47 SCOOTS N WST 20.56 MET m ME NMMERLY RANT M WAY Our W MUMM ROUTE MIT MEW AMAIN WATER MAN EACFAAFNT \ 59 MGRCCS 49 MINUTES 51 SCCONOS MST ALONG SAM NMMERLY RIGMF O! WAY UNC M PELT \ � RT A OR MAT 6 66.0D FEET NCRMNESRRLY M AM PARALLEL KIM SIR PRCWRANY MSCRMM MAT PART M ME MRMNCST WARM CF SCMW 6 TOWNSHIP Or NORM RAWE 2 TOY W MC COLLAPSE' MONTE Moo JO MORELS D6 MWU1rS 42 SCONUS EAST ALONG SAM PARAIIFE LING MIRD PRMYINU MERTON. TUMV A CRT FOOT four SMP M LAW OUR MQPw ASRURLYW AM O \ 204.49 FEED MATT IM AS MET MORMAORALY ALARM A CORK TD By RIGHT HIVENG A RAMM ANNUAL WIN M£ NORMERLY ROD W WAY LING OF AHNOS RWR 126, MAN PARTICULARLY \ L� -OF DUTIES FLEA AM A CHOM MAT. MARS NuRM J4 DEGREES J0I MHO 2J SELLWOS UST MSCRNOEO AS FOLLOWS CAWARMRNC AT MC NCRINEAST CWMUI W ME NOURITSr WANTED W 'D CHLIRD DISTANCE W 1019 FELT TO A ROAD M MC C£NRMMC W SAID AM562� AID VACA1r0 NO SECTION 4 MCNCC SWM DI MCRBF 26 MRIUTCS 53 SEEM AM US) ALONG ME UST LINE \ \ ROAD. SAID PORN!9EMC MAIN( 45 AMNIM 47 MINUTES 40 SECHMS KS) ] MO FROM ME OF ME NMMNEST WARNER OF SAID SATURN 4, INAOF MIT TO A PONT IN ME CCNRRLRR OF MAT OF SMAMM4 MORE MAN 45 DECREES 47 WAMITS 46 SrCAMS EAST ALMJS SAN AN AMMORD AND TN ROAD; VwMF NORM 45 NEVADA 47 MINUTES 46 SECONDS N£5! COQTRLWL 6S27 MET MHUM MO M ME PUNT M DIAMNMC. AN AWAMAU TOWNSHIP. KENDALL `CLAN SAN CENTEMNAL VACATED MINCE I4433 !F£T SWMNEST.ERLY ALOV A CIMK To ME WRI'EYOR'S CERTTFlCATE lY. M AMWI OT NAWND A RADIUS W 95!.00 FE£! AM A WIND MAT BURS SWM 34 DECREES JD MINUTES \ GRAPHIC SCALE d 7 SCCLWOS MOT, A CAM MST CW 14819 FGA,' MENCE SWM JO COVERT OS BONDS N] STATE OF ILLINOIS J TEMPORARY CQ\� L^TION EACEMGAII' MI OS WELL 20455 FEET m ME MWaRMY RICH! DF WAY DID M IWNOS RHINE DO CIF \ I (TO EXP�eE LPON DEDICATION T4E M 59 DEGREES 49 MMV2S SI SCOTS NEST ALWC SAM NLRMEMY MOST M WY UN6 \ 1° 53152 FLIT TO ME VoTsfi Y LRE M ME FORMER FOX AND MINIS UNION RAILWAY COMPANY )SS W ABOVE CESCRIBED LAND) UWp MENCE NMM OS DECREES 55 MAIDIS 30 SECONDS UST. MIND SAN £ASWAY LM[ \ COUNTY OF KENDALL) MA PART OF ME NMMKST WARIER M SECTOR 4. TOMMusn' 36 NMM RANGE ] CAST M IRE 145 FEN. MENCE 8D0 NET NORTHEASTERLY ALCN6 A CONK TO M£ RITO HAMG A TENONS MIND PRINCIPAL MCMIAN REMC A .00 !W! STRP W LAW LAND NMMNESILRLY DF AND Cr 10845 MU AND A CNMD MA SCARS NORM OJ MMEES D9 MINUTES M SOOTS EAST ( W PEEL ) CNMD DISTANCE M RJO FEET TO A PONT ON A UNE MAT IS PARALLEL M AND saga FEE! t Web a 40 IL uMMN! TO ME NOLMNCSTERLY LORE CF MC A60W INSCRIBER WEER MAN EASTUANT FACT, MIIR ILAUIRLY M (AS MCASWED P£RPEAIDMUARLY MERAO) INT NDYMEMY MANY W WAY LONE I, Crop L. Duy. Illinois ProfesuMsel Lund Surveyor Number 3359, do AIM A face NOT SW W LAND LMNO SWMCASRRLYW AND AO.MCO! TO ME SWMCASYMY W SAID ALMNI ROUTE 124 FM ME POND W MINIMUM INVOE 1622 FFEi COMMAND � M MC ABOVE DE ORM WADER MAIN DISCOUNT TRACT. 60M LUND NDRM ASNCRLY M ME NMMUSIERLY ALONG SAID CVRK M ME RRAL, AIM A CNNPD MAT MGRS NMM D] DEVREL5 hereby certify that the Grant of Easement hereon drawn Wo MERLY RAMW WAY LINE OF 1WNO5 ROUTE US AM SOVMERLYW ME COHERENT W AN 49 I AMTS 26 SNOWS EAST A UIOID DISTANCE M 16.22 TUES. MOW SAM M DEVICES 49 prepored using premnus survey Information and maps, plots and ATUAMAD AND IMAMS ROAD, AD IN KENDALL MUMMA, KISMa CWNW. tlIMMS M ADES 51 SECONDS CAST. PARALLEL WIN MC NMMCASTERLY LINEW SAN ALLWMS ROUTE 126, other Instruments Of record 10r the Uses and IIe!<In set H ILN MI. MCNCE SOUTH M MORELS M MWUrU5 47 SHARON NEST, ISM FEET !0 A PONY purposes W A LORE MA! si PARAMEL WM AW 20.00 FEET NORMCASTERLY M (AS MCASUMIT forth, of Do hereon described Property. pE� ,L � � PERNMACULARLY MLR£T ) ME MCFMEMr RTNT OF WAY USE W SUM AWNUS RWIE 126, KENDALLWOOD ESTATES MEWS MAIN S9 D M IM 49 MINUTES 51 SECOND NEST ALONG SAN PARAU l LINL 476.05 FETT TO ME PUNT W NMRWD ALL M KENDALL lDMWW.. KENDALL BDOND, uLMas Dead of Yorkanle, Kendall County Illinois A.D. 2007. YORKVILLE, ILLINOIS NOTES GRANT OF EASEMENT This map was created for use a Plot of Easement. This map is not to be used for any construction or stoking purposes without sent Lam o proper agent of Smith Engineering Consultants, Inc ILLINOIS ROUTE 126 •oThin s NOT n Pn No mplion ogre ents s t0 ownership. use, or pas can be conveyed from this document. Illinois Professional Land Surveyor No. 3359 RENSIONB DWN BV: TNT: DAIS PROJECT NO. • No underground improvements have been located unless shown and nole6 License evprmllon dole . n/3o/z00e 1. CID 9 5/b] Nip 10 20 6 KOLL-050191.03 2. CID 9AAAJ DSN BY: INT: HORIZ SCALE: SHEET NO ' No distance hould be assumed bembossed scolling _ • This map Cs votl without txgnol or red cdwed seal and Signature afforetl x CID ID 5 ] 1'=40' 4. CHK BY: INT: VERT SCALE 1 S CLO WATER MAIN AND EMERGENCY ACCESS EASEMENT THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A 66.00 FOOT STRIP OF LAND LYING NORTHEASTERLY OF THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126 AND SOUTHERLY OF THE CENTERLINE OF AN ABANDONED AND VACATED ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREE 26 MINUTES 53 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, 1079.24 FEET TO A POINT ON THE CENTERLINE OF AN ABANDONED AND VACATED ROAD; THENCE NORTH 45 DEGREES 47 MINUTES 48 SECONDS WEST ALONG SAID CENTERLINE, 636.90 FEET FOR THE POINT OF BEGINNING; THENCE 148.33 FEET SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 967.00 FEET AND A CHORD THAT BEARS SOUTH 34 DEGREES 30 MINUTES 27 SECONDS WEST, A CHORD DISTANCE OF 148. 19 FEET; THENCE SOUTH 30 DEGREES 06 MINUTES 47 SECONDS WEST, 204.56 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126; THENCE NORTH 59 DEGREES 49 MINUTES 51 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 66.00 FEET TO A LINE THAT IS 66.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE PREVIOUSLY DESCRIBED COURSE; THENCE NORTH 30 DEGREES 06 MINUTES 47 SECONDS EAST ALONG SAID PARALLEL LINE, 204.49 FEET; THENCE 164.58 FEET NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1033.00 FEET AND A CHORD THAT BEARS NORTH 34 DEGREES 30 MINUTES 27 SECONDS EAST, A CHORD DISTANCE OF 148. 19 FEET TO A POINT ON THE CENTERLINE OF SAID ABANDONED AND VACATED ROAD, SAID POINT BEING NORTH 45 DEGREES 47 MINUTES 48 SECONDS WEST, 66.27 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 45 DEGREES 47 MINUTES 48 SECONDS EAST ALONG SAID CENTERLINE, 66.27 FEET RETURNING TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. TEMPORARY CONSTRUCTION EASEMENT (TO EXPIRE UPON DEDICATION OF THE ABOVE DESCRIBED LAND) THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A 10.00 FOOT STRIP OF LAND LYING NORTHWESTERLY OF AND ADJACENT TO THE NORTHWESTERLY LINE OF THE ABOVE DESCRIBED WATER MAIN EASEMENT TRACT, AND A 10.00 FOOT STRIP OF LAND LYING SOUTHEASTERLY OF AND ADJACENT TO THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED WATER MAIN EASEMENT TRACT, BOTH LYING NORTHEASTERLY OF THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126 AND SOUTHERLY OF THE CENTERLINE OF AN ABANDONED AND VACATED ROAD, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. WATER MAIN EASEMENT THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A 15.00 FOOT WIDE STRIP OF LAND LYING NORTHEASTERLY OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREE 26 MINUTES 53 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, 1079.24 FEET TO A POINT ON THE CENTERLINE OF AN ABANDONED AND VACATED ROAD; THENCE NORTH 45 DEGREES 47 MINUTES 48 SECONDS WEST ALONG SAID CENTERLINE, 636.90; THENCE 148.33 FEET SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 967.00 FEET AND A CHORD THAT BEARS SOUTH 34 DEGREES 30 MINUTES 27 SECONDS WEST, A CHORD DISTANCE OF 148. 19 FEET; THENCE SOUTH 30 DEGREES 06 MINUTES 47 SECONDS WEST, 204.56 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126; THENCE NORTH 59 DEGREES 49 MINUTES 51 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 533.52 FEET TO THE EASTERLY LINE OF THE FORMER FOX AND ILLINOIS UNION RAILWAY COMPANY LANDS; THENCE NORTH 06 DEGREES 55 MINUTES 38 SECONDS EAST, ALONG SAID EASTERLY LINE, 13.45 FEET; THENCE 8.30 FEET NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1048.45 FEET AND A CHORD THAT BEARS NORTH 07 DEGREES 09 MINUTES 14 SECONDS EAST, A CHORD DISTANCE OF 8.30 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 20.00 FEET NORTHEASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) THE NORTHERLY RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 126, FOR THE POINT OF BEGINNING; THENCE 16.22 FEET, CONTINUING NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT, WITH A CHORD THAT BEARS NORTH 07 DEGREES 49 MINUTES 26 SECONDS EAST, A CHORD DISTANCE OF 16.22 FEET; THENCE SOUTH 59 DEGREES 49 MINUTES 51 SECONDS EAST, PARALLEL WITH THE NORTHEASTERLY LINE OF SAID ILLINOIS ROUTE 126, 482.22 FEET; THENCE SOUTH 30 DEGREES 06 MINUTES 47 SECONDS WEST, 15.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 20.00 FEET NORTHEASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) THE NORTHERLY RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 126; THENCE NORTH 59 DEGREES 49 MINUTES 51 SECONDS WEST, ALONG SAID PARALLEL LINE, 476.05 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. WATER MAIN EASEMENT THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A 15.00 FOOT WIDE STRIP OF LAND LYING NORTHEASTERLY OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREE 26 MINUTES 53 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, 1079.24 FEET TO A POINT ON THE CENTERLINE OF AN ABANDONED AND VACATED ROAD; THENCE NORTH 45 DEGREES 47 MINUTES 48 SECONDS WEST ALONG SAID CENTERLINE, 636.90; THENCE 148.33 FEET SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 967.00 FEET AND A CHORD THAT BEARS SOUTH 34 DEGREES 30 MINUTES 27 SECONDS WEST, A CHORD DISTANCE OF 148. 19 FEET; THENCE SOUTH 30 DEGREES 06 MINUTES 47 SECONDS WEST, 204.56 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126; THENCE NORTH 59 DEGREES 49 MINUTES 51 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 533.52 FEET TO THE EASTERLY LINE OF THE FORMER FOX AND ILLINOIS UNION RAILWAY COMPANY LANDS; THENCE NORTH 06 DEGREES 55 MINUTES 38 SECONDS EAST, ALONG SAID EASTERLY LINE, 13.45 FEET; THENCE 8.30 FEET NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1048.45 FEET AND A CHORD THAT BEARS NORTH 07 DEGREES 09 MINUTES 14 SECONDS EAST, A CHORD DISTANCE OF 8.30 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 20.00 FEET NORTHEASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) THE NORTHERLY RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 126, FOR THE POINT OF BEGINNING; THENCE 16.22 FEET, CONTINUING NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT, WITH A CHORD THAT BEARS NORTH 07 DEGREES 49 MINUTES 26 SECONDS EAST, A CHORD DISTANCE OF 16.22 FEET; THENCE SOUTH 59 DEGREES 49 MINUTES 51 SECONDS EAST, PARALLEL WITH THE NORTHEASTERLY LINE OF SAID ILLINOIS ROUTE 126, 482.22 FEET; THENCE SOUTH 30 DEGREES 06 MINUTES 47 SECONDS WEST, 15.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 20.00 FEET NORTHEASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) THE NORTHERLY RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 126; THENCE NORTH 59 DEGREES 49 MINUTES 51 SECONDS WEST, ALONG SAID PARALLEL LINE, 476.05 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. WATER MAIN EASEMENT THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A 15.00 FOOT WIDE STRIP OF LAND LYING NORTHEASTERLY OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREE 26 MINUTES 53 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, 1079.24 FEET TO A POINT ON THE CENTERLINE OF AN ABANDONED AND VACATED ROAD; THENCE NORTH 45 DEGREES 47 MINUTES 48 SECONDS WEST ALONG SAID CENTERLINE, 636.90; THENCE 148.33 FEET SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 967.00 FEET AND A CHORD THAT BEARS SOUTH 34 DEGREES 30 MINUTES 27 SECONDS WEST, A CHORD DISTANCE OF 148. 19 FEET; THENCE SOUTH 30 DEGREES 06 MINUTES 47 SECONDS WEST, 204.56 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126; THENCE NORTH 59 DEGREES 49 MINUTES 51 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 533.52 FEET TO THE EASTERLY LINE OF THE FORMER FOX AND ILLINOIS UNION RAILWAY COMPANY LANDS; THENCE NORTH 06 DEGREES 55 MINUTES 38 SECONDS EAST, ALONG SAID EASTERLY LINE, 13.45 FEET; THENCE 8.30 FEET NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1048.45 FEET AND A CHORD THAT BEARS NORTH 07 DEGREES 09 MINUTES 14 SECONDS EAST, A CHORD DISTANCE OF 8.30 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 20.00 FEET NORTHEASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) THE NORTHERLY RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 126, FOR THE POINT OF BEGINNING; THENCE 16.22 FEET, CONTINUING NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT, WITH A CHORD THAT BEARS NORTH 07 DEGREES 49 MINUTES 26 SECONDS EAST, A CHORD DISTANCE OF 16.22 FEET; THENCE SOUTH 59 DEGREES 49 MINUTES 51 SECONDS EAST, PARALLEL WITH THE NORTHEASTERLY LINE OF SAID ILLINOIS ROUTE 1263 482.22 FEET; THENCE SOUTH 30 DEGREES 06 MINUTES 47 SECONDS WEST, 15.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 20.00 FEET NORTHEASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) THE NORTHERLY RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 126; THENCE NORTH 59 DEGREES 49 MINUTES 51 SECONDS WEST, ALONG SAID PARALLEL LINE, 476.05 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. EXHIBIT "D" A 132343/1 16 60068/1 - JOB NAME:OFF-SITE WATER MAIN ALONG ROUTE 126 LOCATION: YORKVILLE, ILLINOIS SECGroup Inc. SEC JOB NUMBER: KOLL-D50191.04 PLAN DATE: 10/11/07 Smith Engineering Consultants • SEC Automation w SEC Planning CALC BY: KJB g 9 9 CHK BY: OWS . ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS 1.0 EROSION CONTROL UNITS UNIT COST QUANTITY COST 1.01 Silt Filter Fence lin. ft. $ 2.50 6,820 $ 17,050.00 '.. 1 .02 Furnish & Place Topsoil 6" (Disturbed Areas) I s . Yd. I $ 3.50 7,600 $ 2fi,600.00 1.03 Hydro-seeding & Erosion Control Blanket (Disturbed Areas) I sq. yd, 1 $ 2.251 7,600 $ 17,100.DD SUB-TOTAL $ 60,750.00 '.. 2.0 PAVEMENT CONSTRUCTION UNITS UNIT COST I QUANTITY COST 2.01 Pavement Removal & Replacement Full Depth) s . tl. $ 60.00 200 $ 12,000.00 2.02 Paved Ditch Removal and Replacement (As Required) I sq. yd. 1 $ 200.00 1 475 $ 95,000.00 SUB-TOTAL I I $ 107,DDD.00 3.0 WATER MAIN CONSTRUCTION UNITS UNIT COST QUANTITY COST 3.01 Trench Backfiil cu. yd. $ 22.00 250 $ 5,500.00 3.02 Water Main, 8" [in. ft. $ 28.00 3,425 $ 95,900.00 '.. 3.03 Water Main, 12" lin. ft. $ 45.00 2,966 $ 133,470.00 '.. 3.04 Fire Hydrants with Aux. Valve each $ 2,750.00 11 $ 30,250.D0 3.05 8" Valve and Valve Box each $ 5,01 5 $ 25 000.00 ''.. 3.06 12" Valve and Vault each $ 5,500.00 5 $ 27,500.00 3.07 Steel Casing Pipe with Spacers, 12" - Auger and Push lin. ft. $ 200.00 100 $ 20,000.00 3.08 Steel Casing Pie with Spacers, 18" - Auger and Push fin. ft. $ 225.00 120 $ 27,000.00 3.09 Connection to Existing Watermaln Stub Low Pressure - Proposed e" lump sum $ 500.00 1 $ 500.00 3.10 Connection to Existing Watermaln Stub (High Pressure) - Proposed 12" lum sum $ 2,000.00 1 $ 2,000.00 SUB-TOTAL 1 $ 367,120.D0 4.0 MISCELLANEOUS IMPROVEMENTS UNITS I UNIT COST I QUANTITY I COST 4.01 Traffic COniroi lum sum $ 12,000.00 7 $ 12,000.00 4.02 Tree Removal Trimmin /Prunin IUm sum $ 25,000.00 1 $ 25,000.00 4.03Power Pole Temporary Bracing each $ 1 ,500.00 8 $ 12,000.00 4.04 Power Pole Removal and Relocation each $ 6,000.00 3 $ 18,000.00 4.05 Roadwa Sign Removal and Re-installation each $ 500.00 lo is 5,000.00 SUB-TOTAL $ 72,000.00 SUMMARY OF PROBABLE COSTS COST 1.0 EROSION CONTROL $ 60,750.00 2.0 PAVEMENT CONSTRUCTION $ 107,000.00 3.0 WATER MAIN CONSTRUCTION $ 367,120.00 4.0 MISCELLANEOUS IMPROVEMENTS $ 72,000.00 SUB-TOTAL $ 606,870.00 15% CONTINGENCIES $ 91,030.50 TOTAL COST $ 697,900.50 NOTE: This estimate is based off of the alignment as shown in the exhibit prepared on 10111107, titled "Kendaliwood Estates Subdivision - Offsite Water Main Along Route 126" from Mill-Deer Street to eastern boundary of Kendallwood Estates Subdivision. 050191.04-EOPCC-Revised I0-11.07.xis 1024/2007 Page 1 of 1 Message Page 1 of 2 Vince M . Rosanova Subject: FW: Route 126 WM Cost Sharing Joe & Travis — I'm sorry the Route 126 WM issue for Kendallwood Estates & Woodstone has been a bit slow developing. The overall Route 126 water main plan lacks detail, but can serve as a starting point for estimating a breakdown of costs. A more detailed plan is needed for the section shown and also for the Deer Street and Beaver Street sections discussed below. The rationale for cost sharing is as follows: • The 8-inch water main on Rte 126 should be funded fully by Kendallwood Estates because Woodstone has no need of the lower zone water main. • The 12-inch high pressure main is needed by both developers, but the need for this main to be 12-inch rather than 8-inch is driven by the need for Woodstone to provide commercial fire flows of 3000 gpm rather than 1500 gpm (residential). Based upon the comparative needs, we believe a 66% Woodstone /34% Kendallwood cost sharing would be fair for cost related to the 12-inch main. Based upon SEC's September 27, 2207 Opinion of probable cost, we estimate Woodstone's share of the improvements along Rte 126 to be approximately $ 151 ,600. With the two mains running close together and parallel, both parties save money on the sharing of restoration costs. • In addition , Woodstone should be responsible for the upsizing of the existing 8- inch water main from Deer St & Rte 126 to Badger & Beaver, a distance of approximately 1100 feet. At an estimated cost of $200 per foot for water main replacement and roadway/parkway restoration , the approximate cost for this work is $220,000. This work could be delayed until Woodstone chooses to proceed with development (pending City's approval). In summary, we believe the approximate breakdown of costs would be: Kendallwood Estates $ 1885000 Woodstone $ 151 ,600 + $220,000(later?) = $371 ,600 1 suggest that this be a starting point for water main cost sharing discussions. The prices and quantities need to be refined through the preparation of detailed plans . The costs indicated above should be used for order of magnitude at this point, until detailed plans are available. I will be out of the office on Monday and back on Tuesday if you wish to discuss this matter in greater detail. Thank you , Bill 10/25/2007 Message Page 2 of 2 7 iirt am E. Dungy T.E Senior Project Manager Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Business (630) 466-9350 Fax (630) 466-9380 Direct (630) 466-6759 Cell (630) 649-3996 bdunn @eeiweb. com 10/25/2007 0 C/py Reviewed By: Agenda Item Number J� RJ T Legal ❑ Finance ❑ EST. , 7836 Engineer y City Administrator F-1 q Tracking Number Consultant ❑❑ D W Jon — ) Log <LE �b Agenda Item Summary Memo Title: Game Farm Rd./Somonauk St.—Plat of Highways Addendum#1 Meeting and Date: November 6, 2007 Public Works Committee Synopsis: This addendum is to add title commitment research to the Smith Engineering scope of services for this project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: I J=`A� p c'T yin Memorandum EST. � _ 1836 To: Brendan McLaughlin, City Administrator -� From: Joe Wywrot, City Engineer 09 L [ p CC: Lisa Pickering,Deputy City Cler <LE Date: October 30,2007 Subject: Game Farm Rd./Somonauk St.—Plat of Highways Addendum#1 Attached find a letter from Smith Engineering Consultants to add title commitment research to their scope of services for the referenced project. There are 30 parcels that need to be acquired for this project,consisting of either land acquisition or easements. The initial title research cost is $250.00 per parcel,resulting in a cost of$7500.00. This work has been completed. Also attached find a WT appropriation resolution in the amount of$10,000. Depending on the time it takes to obtain these parcels,the title commitments may need to be updated. The additional $2500 is for updating the commitment letters should that be necessary. I recommend that Addendum#1 to expand the scope of services for title commitment research, as well as the corresponding MFT appropriation resolution in the amount of$10,000.00,be approved. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. Smith Engineering Consultants Civil/Structural Engineers and Surveyors October 11 , 2007 Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Game Farm Road Plat of Highways-Invoice No.: (347645) Addendum 111 SEC Job No.: YORK-040098.05-4 Dear Mr. Wywrot: Upon review of the professional surveying services rendered for Game Farm Road Plat of Highways, we have found that the following services have resulted in an extra to the original contract: • Title Commitment's for the 30 parcels being affected by the right-of-way and temporary easement acquisition. The original contract amount is $67,800.00. These services currently total an additional $7,500.00 ($250.00 per title commitment) in extra expenses for a revised contract amount of $75,300.00. Services rendered for the new contract amount in the future will be invoiced and detailed with the next regularly scheduled billing. Please sign and return this letter with your payment of the attached invoice. If you have any questions or require any additional information, please contact me at (630) 553- 7560. Sincerely, SMITH ENGINEERING ANTS Approved this day of , 2007 Rick McCombs, S.I.T. Surveyor III ? oT Attachment Attest City Clerk RBM/sah T:Vobs\Smith\2004\040098.05 YORK-POH\admwistretion\wntract\040098.05-Addendum Wywrot-101107-rbm.doe Illinois • Texas A division of SEC Group, Inc. 651 Prairie Pointe Drive, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 wwwsecgroupinc.corn IIIinois De rtrpr Resolution for Improvement by I� Municipality Under the Illinois Of Transportation Highway Code BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees United City of Yorkville Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Game Farm Road US Route 34 Somonauk St. Somonauk Street Game Farm Road Colton St. BE IT FURTHER RESOLVED, 1 . That the proposed improvement shall consist of Addendum #1 - To add title commitment research to the scope of services for approximately 30 parcels. and shall be constructed N/A wide and be designated as Section 03-00031-00-FP 2. That there is hereby appropriated the (additional ® Yes ❑ No) sum of ten thousand and 00/100----------------- Dollars ( $10,000.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Authorized MFT Expenditure I, Jackie Milschewski Clerk in and for the United City of Yorkville City, Town or Village County of Kendall hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on November 13, 2007 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City, Town, or Village Clerk Page 1 of 1 BLR 09111 (Rev. 7/05) Printed on 10/3012007 4:26:46 PM 1 `CEO C/pf Reviewed By: Agenda Item Number Z, „Jim Legal ❑ C Val IJUS l t�1 ESS esEST. _ � yeas Finance ❑ Engineer En ❑ -�` g Tracking Number p hl L°1 City Administrator Fl Consultant ❑ `�W Owl- I LP9 <IE F1 Agenda Item Summary Memo Title: Monthly Tool Inventory Meeting and Date: Public Works Committee November 6, 2007 Synopsis: October tool inventory for PW Trucks Council Action Previously Taken: Date of Action: Action Taken: I Item Number: Type of Vote Required: FYI Council Action Requested: None Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: i i i I, i I I . Ili I III I , I ca ? E0 YiQjol j c O , a) 0 p ; .. . � , Oci O C : p ' I j I I I I I III c� c E I i i i II i t I' j i � Ij II Cc LO N ' I � I I i III ' I I I ! I ; o � I � 3 , I N O N Y ! CL C ya d 6 , U Ti a O LL- N DI C all > I I � I i I I II � II � II � I � i �; . ca I El ! ria liljllilIll ! iiI � III �', Ijjlll o aj � j U. > Q i - ! lI > I I I � i I I I li I i I c N ac0i A- j � aoi i II LI C _ YI I O N I > k IC _ C w OIN p p N w..p ' ' s . c Co co I I ICI i j 1 1 I 11 I I l ' III � IL I Ii � liljll � jlll ! ijijlj � ll �� ! I ' I j � II LL i r a I a ; v V Elo ` Q . O O Y `O CL) yeti I III ' G j m I I I ; I i E g° z ( , 0 Lg E v E 0 d a LL I � Illi ' lliil � i � lj Ali I I I I I ji l lil I' ! ; I iii I ji i I , o i m I i IL I oYc i o _ I , I � i v � I ° ca il ) Iil I I I I vl I I I ! I I I I I � I a El � . > cc C 1 di O : O ] m oY . c o ma rDV icol w �_ o � I a ! :2 I I yl ! c ! EI ! ! ! ol c t a � `o d al a> iyI > . ! Z= I i iI I III I I i a I i N ca I m L I N � E ; 0 Q O , p ; O N O . y . -C . 0 Y (n � >021 1 c O m C ! o m i) clEl p Z I CD 2 Ip � 01 ; li h Q 'i. I ' i � I i jljiil III ( i ( i i l i iliil I � li ( i I j i I I l N I I L IC . Y d � cc Y � o ', p co ,?, 0[�' � i N TICc G ' Lin ! 0 I i 1 IN ca I � I � � I i I I I II ILIA w '. ! ! � ! -° III � il ! � I � illil Ijjl ' 2aZI cj jljl � l I ( � I III ( III o : ! Ili li II ! I I , I c I ' i it i I I � G Y L _ tfI3: I Y OJ OI N : O ; C > 0 -0 E rn a : � > ; I zo, I , I i 0 I � l m Ic II ilj I �aoii `o : LL I I m I � I I I I ' I ' U I li CD % m V co CL U COO j o pa) 0 ( E ) o CO . ,N : c '.. O to >` @ 0 .C , = OI � O j I N i ii M io I m U L = U I � C @ O U N _ N R i I i I 6 N c E o :E c ' I i > Q li i i i d c i � i I ° ill I ° N t0 N I (U ; E . 0 . i > r • � ' m Y '' a E) g o m > �. r . o = . I N o 'I N CO I `o I I I, c m U O C ° C O Ni m CD N ' ° 0 i I ci E of z d o CD LL > I Q Y ! R, I ' i it i I i I I II cc i i a i I ca ItC 3: N N Yi0 N G cm I N I c . CN I V 0o N M j O I ' ID CU i I a = 1 O N .0 o w E j L D E LL Q Y Reviewed By: Agenda Item Number �2 Legal ❑ NStAIF�S18 Finance ❑ esr. , 1836 Engineer El Tracking Number 0 y City Administrator ❑ Consultant ❑ V yV It E Agenda Item Summary Memo Title: Request to purchase two pick up trucks for PW department Meeting and Date: Public Works Committee November 6,2007 Synopsis: Request to purchase two budgeted pick up trucks for the PW department Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive Council Action Requested: Approval of final purchases Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: Cip OA Memorandum To: Joe Besco, Chairman esr 1 1U6 From: Eric Dhuse, Director of Public Works CC: Susan Mika, Finance Director . �. p Date: October 30, 2007 <LE Subject: pickup truck purchases Joe, I would like permission to purchase two replacement pick up trucks for the Public Works department. These trucks would be purchased through the state purchase program that we have used in the past. I will not move forward with either of these purchases until I have confirmed with Susan Mika that we have money in the appropriate line item. I would ask that this be placed on the November 6, 2007 public works committee meeting agenda for discussion. If you have any question, please let me know. c4k Reviewed By: Agenda Item Number o Legal �cl EST`.' 836 Fi ance ❑ w wy 15 a`i i N F S; _� g � 3d� Engineer Tracking Number w City Administrator O Consultant ❑ F1 �.,,. SCE P w Agenda Item Summary Memo Title: Kendall Marketplace—Temporary Entrance Permit Bond Meeting and Date: November 6, 2007 Public Works Committee Synopsis: This request is to allow a $2500 permit bond for a temporary construction entrance to expire. IDOT has agreed to allow the bond to expire. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C/T�� Memorandum Ems' 1836 To: Brendan McLaughlin, City A stratoT y From: Joe Wywrot, City Engineer U p� CC: Lisa Pickering,Deputy City Cle Date: October 31, 2007 Subject: Kendall Marketplace—Temporary Entrance Permit Bond Attached find a letter from Mesirow Financial regarding a$2500 bond for a temporary entrance permit at Isabel Lane. The Route 34 reconstruction is proceeding on schedule, and MOT will not require that this bond be renewed. Please see the attached email string. I recommend that Bond No.104811897 in the amount of$2500 be allowed to expire on December 7,2007. Please place this item on the November 6, 2007 Public Works Committee agenda for consideration. Mesirow Financial® October 1 , 2007 Joe Wyrot Certified Mail : 7007 1490 0001 0602 1662 Engineering Department City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Subdivision Name : Kendall Market Place Subdivision Bond No, 104811897 For Account of: Cannonball, LLC Amount: $2, 500 .00 Dear Joe : The above captioned bond (copy attached) is for the temporary construction entrance permit on Rte 34. We have been advised by the Principal that this project is complete and this bond is no longer required . Therefore, as per the bond form, this letter will serve as notice that this bond will be expiring on December 7, 2007, and no renewal bond will be executed . Should you have any questions, please contact me at 312-595-6842 or imcgoogan (cbmesirowfinancial .com Thank you . Sincerely, Judith A. McGoogan, CPCU Bond Senior Account Manager 1872395/JXG A TH pp)SdRF 321 North Clark Street • Chicago, Illinois 60610 • 312-595-6200 • www.mesirowfinancial.com Mesirow Advanced Strategies, Inc. • Mesirow Financial Consulting, LLC • Mesirow Financial Investment Management Inc. • Mesirow Insurance Services, Inc. Mesirow Financial Private Equity, Inc. • Mesirow Realty Sale-Leaseback, Inc. • Mesirow Financial Real Estate, Inc. Securities offered through Mesirow Financial, Inc. Member NYSE, SIPC Page I of 2 Joe Wywrot From: Joe Wywrot Dwywrot @yorkville.il.us] Sent: Friday, October 05, 2007 9:41 AM To: 'Ballerini, Richard A' Cc: 'Travis Miller"; 'Don Bailey'; 'jmcgoogan @meisrowfinancial.com; 'Jim Snyder"; Pat Jackson Subject: RE: Kendall Marketplace -IDOT highway permits for temporary construction entrances Rich, This email documents our conversation of October 3, 2007 regarding the temporary construction entrance permits for Kendall Marketplace. Since construction of the permanent improvements is well underway and will be substantially complete by the end of this year, IDOT will not require that the existing bonds for the two temporary entrance permits be renewed. Any punchlist work for the temporary construction entrance permits will be handled under the permit for the permanent improvements and guaranteed by the bond for the permanent improvements. The two temporary entrance permits are Permit No. 3-10531-06 (for the entrance at Beecher Road)and Permit No.3-10607-06 (for the entrance at Isabel Lane). Joe Wywrot Yorkville City Engineer (630)553-8527 (630) 553-3436 fax From: Jim Snyder [mailto:]Snyder @harlemirving.com] Sent:Tuesday, October 02, 2007 3:48 PM To: Joe Wywrot; jmcgoogan @meisrowfinancial.com Cc:Travis Miller; Ballerini, Richard A; Don Bailey Subject: RE: Kendall Marketplace - IDOT highway permit for temporary construction entrance I left a message with Pat Jackson from IDOT to see if he can inspect and approve not only this bond, but the bond for the off-site storm sewer as well. I spoke with him several weeks ago and he said he would, "take care of it,"but have not heard from him since. Jim From: Joe Wywrot [mailto:jwywrot @yorkville.il.us] Sent: Tuesday, October 02, 2007 3:15 PM To:jmcgoogan @meisrowfinancial.com Cc: Travis Miller; 'Ballerini, Richard A'; Jim Snyder Subject: Kendall Marketplace - IDOT highway permit for temporary construction entrance Judi, received today your notification that St. Paul Traveler's bond#104811897 is due to expire on December 7, 2007. This bond is for an IDOT highway permit for the second temporary access point(see IDOT letter dated 11/27/06) for the Kendall Marketplace development. While the work along Route 34 is proceeding and may be substantially complete by December, I cannot let this bond expire without written confirmation from IDOT that they agree to close out the permit. I will place this item before the City Council in November recommending that the City Clerk be authorized to call the bond if it is not renewed. Please work with Harlem-Irving and IDOT to see if IDOT to close out the permit for the temporary construction entrance. You need to send a written request to IDOT to make an inspection of the 10/31/2007 Page 2 of 2 site and agree to close out the temporary construction entrance permit. Joe Wywrot Yorkville City Engineer (630) 553-8527 (630) 553-3436 fax 10/31/2007 `QED C Reviewed By: Agenda Item Number J� , T Legal ❑ Finance ❑ EST. 1036 Engineer C] ' =1 Tracking Number 9 Ln w City Administrator F-1 C 1. O Consultant ❑ J I - t <LE �b� ❑ Agenda Item Summary Memo Title: Gruber-Kostal Dental Office—Release of Letter of Credit Meeting and Date• November 6, 2007 Public Works Committee Synopsis: Recommendation to release the letter of credit that guarantees satisfactory completion of the land improvements. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C/T1- p� Memorandum Est leas To: Brendan McLaughlin ty Ci Admi strator O From: Joe Wywrot, City Engineer y .. p� CC: Lisa Pickering,Deputy City Cler ICE Date: October 31,2007 Subject: Gruber-Kostal Dental Office—Release of Letter of Credit Attached find a letter from Joseph Gruber requesting that Castle Bank Letter of Credit No. 7000272244-900,which guarantees satisfactory completion of the land improvements for the Gruber-Kostal office development at 302 E.Countryside Parkway,be released. We have confirmed that all sitework has been satisfactorily constructed and that all punchlist items have been completed. I recommend that Castle Bank Letter of Credit No. 7000272244-900, in the current amount of $204,003.80,be released. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. GRUBER AND KOSTAL, D.D.S., LTD JOSEPH W. GRUBER, D.D.S. DENNIS C. KOSTAL, D.D.S. 302 E. COUNTRYSIDE PARKWAY YORKVILLE, ILLINOIS 60560 TELEPHONE (630) 553-7073 October 5, 2007 Mr. Joe Wywrot City Engineer, United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Mr. Wywrot, , . We have .recently built an office building on 302 E. Countryside Parkway in Yorkville. All conditions of the city have been met regarding this property, the final inspections have been made, and=the building has passed. A final occupancy permit has been issued. We request that Castle Bank letter of credit #7000272244-900 be released. S ' ely, seph W. Gruber III, Member DC & JW LLC C/J.. Reviewed By: Agenda Item Number ? A O J T Legal ❑ Finance ❑. EST 1 ,� 1836 Engineer 0 "," , " ' Tracking Number City Administrator ❑ �a� O Consultant ❑ <�E F] t W Agenda Item Summary Memo Title: Cannonball Estates—Alice Avenue Storm Sewer Meeting and Date: November 6, 2007 Public Works Committee Synopsis: The developer of Cannonball Estates has requested that the city accept a section of storm sewer beneath Alice Avenue (f.k.a. Faxon Road) Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Direction Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIpy Memorandum WE ;\ isas To: Brendan McLaughlin, City Adstrator t~ y From: Joe Wywrot, City Engineer � �p CC: Lisa Pickering, Deputy City Clerk <LE Date: October 31, 2007 Subject: Cannonball Estates—Alice Avenue Storm Sewer Attached find an email from Alan Norton,the developer of Cannonball Estates,asking for the city to accept a section of 12"RCP storm sewer beneath Alice Avenue. This is a 37-foot long section of sewer located about 300 feet west of Cannonball Trail. This is a very shallow sewer that drains a single inlet on the north side of the road. We have not noticed any deterioration of the road in this area. During the televising of the storm sewer in the development, we noticed deterioration of this pipe. The interior of the pipe wall appears to be falling away in pieces. Please refer to the attached photographs. We told the developer to either grout the sewer(with the intent of repairing the defects) or replace the sewer. The developer performed chemical grouting,but upon further investigation we found that chemical grouting should only be used on pipe that is structurally sound. Chemical grout has the consistency of Jell-O, and can effectively seal an opening that is stable but has no structural strength itself. We then approached the Illinois Concrete Pipe Association and asked them if they felt this sewer was structurally sound. We did not receive a written response from them,but I spoke with Marvin Traylor and Glenn Clayton from the ICPA,both of whom agreed that we should be concerned about the condition of the pipe. Please place this item on the November 6,2007 Public Works Committee agenda for consideration. Page 1 of 1 Joe "rot From: CuttnRope @aol.com Sent: Wednesday, October 10, 2007 4:40 PM To: jwywrot @yorkville.il.us Subject: Storm Sewer Dear Joe: I am writing to you to again request that you accept the storm pipe under Alice as it is currently installed. I am asking you to consider that the pipe was installed in 2000,fully seven years ago. It has not failed and being located under an undercut filled with solid rock and pavement it is nearly impossible to fail in this condition. There is absolutely no evidence of any movement or water infiltration by examination of the pipe or the roadway. I would also ask you to be reasonable and consider that this is only 28"of pipe that connects to one inlet and consider the impact and function of that one inlet on the entire storm system. You instructed me to have the pipe grouted when I was wanting to replace it instead. You insisted on the telegrouting because you stated that you did not want us to cut Alice Rd. You have also mentioned that now that Alice has been cut that you would like us to cut it again for this repair. I have followed your direction at considerable expense to repair this pipe with 33 gallons of grout forced around the pipe and encasing the pipe at any crack or void. All of this was most likely necessary because of the excessive undercutting that the engineering department required when installing Alice Rd. Joe,you will recall I did not know what telegrouting was until you explained it to me and provided the names of contractors that could do this type of work. Again, I am asking you to be reasonable and look at the larger picture and consider the time of year and todays date and everything that has occurred and the history that you have on the pipe and accept it on the current conditions as it is installed. Alan Norton See what's new at AOL._c_om and Make AOL Your Homeoage. 10/23/2007 - aE I T±. I ,r LAG �. �prk �iw i 1 T !' T' y n �VYY l,I n .n a a ,Im, ;n M` 4 i ✓ . y � Y R 1 y� f S� or ' a , r u, A yy Ak'M ,..,p.,YCp_ CD z f ,.,n Slii:• f i I I u� A I` I yb 3i *#"`. `,f LuAl U) Y `QED C/py Reviewed By: Agenda Item Number J� T Legal ❑ C-W FD u5 i rli LSS EST. , 1836 Finance r-1 Engineer \ 'E f n 1 13`1' -�� g � Tracking Number City Administrator ❑ Consultant ❑ Agenda Item Summary Memo Title: Cannonball Estates—Storm Sewer Final Acceptance and LOC Reduction Nos.7 Meeting and Date: November 6, 2007 Public Works Committee Synopsis: Recommend final acceptance of storm sewer in Cannonball Estates Unit 2. Recommend LOC reductions for Cannonball Estates Units 1 and 2. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,2 Memorandum esr 7636 To: Brendan McLaughlin, City Admis or -� From: Joe Wywrot, City Engineer U �p CC: Lisa Pickering, Deputy City Cle <LE ,v♦' Date: October 31, 2007 Subject: Cannonball Estates—Letter of Credit Reductions No. 7 Attached find a request from Alan Norton,the developer of Cannonball Estates,to release the two letters of credit in place for Cannonball Estates Units 1 and 2. On August 22, 2006,the city council accepted all of the land improvements in Units 1 and 2 with the exception of the storm sewer system. At that time there were several repairs that needed to be performed in both units. Since that time all of the repairs in Unit 2 have been completed,and all but one repair has been completed in Unit 1. Assuming that the storm sewer in Unit 1 will not be accepted at this time,we can still reduce the letter of credit due to the expiration of the one-year warranty period for the other land improvements. I recommend that Benchmark Bank Letter of Credit No. 11220 be reduced by the amount of$94,430.55. The remaining amount of the letter of credit would be$35,096.06. Please refer to the attachment for details. I recommend that the storm sewer system in Cannonball Estates Unit 2 be accepted. Corresponding to final acceptance and expiration of the warranty period for land improvements previously accepted is a reduction to Benchmark Bank Letter of Credit No. 11221 in the amount of$77,607.58. The remaining amount of the letter of credit would be$19,1 10.05. Please refer to the attachment for details. Please place this item on the Public Works Committee agenda of November 6,2007 for consideration. Page 1 of 1 Joe Wywrot From: CuttnRope @aol.com Sent: Wednesday, October 10, 2007 4:13 PM To: jwywrot @yorkvilie.il.us Subject: Cannonball Esatates LOC OearJoe: Please accept this letter as my official request for your recommendation to allow the letter of credits 11220 and 11221 to expire. I would have requested earlier but I was confused by your statements last summer that they would expire on their own in October. Letter 11221 in the amount of 96,717.62 for unit II should expire as all items are complete and accepted as per the acceptance letter dated July 17th, 2007. Letter 11220 in the amount of 129,526.60 for unit I should also expire as well as all items are complete as you have directed although the July 17th letter refers only to unit II and by inference implies that unit I is complete. Sincerely, Alan Norton. See what's new at AOL.com and Make AOL Your Homeoage. 10/23/2007 r� U� t0 m O N JCD t0 O N O O O t O N N N O V 0 U 0 0 � 00 � V dm c Z 00 M 0) fR ', N� L LL O I 00 O (000 (O c 0 0 0 0 0 0 0 F 000 (oo0 (0 E (A (H (HO VR O Z co M .2 -6 fA d3 c D 0 O �- N Q N N N 000 t0U� jo LO a O t 0 N r�E N N N m a " p_E � V M (00) 0N E p 0 (0 (O CO M V 00 p 0) OM V r� U Z (A � N cf) �- C O W O o m O d O 0 c d 3 N O D. � U N 000 (0 E = C c a •C N NNtO V O (O N 0 N 0to wm O) 00) N 0 O0 (O 0D0 V lD t0 a .Q C a EZ M M t07 M N p O R' 0. � (A M9 MAN 69 N_ N O U m a) ° c a EO 0 _ a O � U O. C U U acu w0 (` � `m a o IE —0 : w N t0 t0 co co O � 401 C T (D c (o r` N o a -� occcooU)) cor� vrnCD C) E oornvmv_ r- o m `m N m m_ m 3 N O W (t r V 0 0 0 N M N N � O ° W c it � v> Us ca » (» en O E .0 .0 -0 U o `o O o o a w y a d wn N US C:' r 0N N N Lu Om — V-: OMZ O of aaa al N N NV O O O O 0 N c -p V m (O m60) N E 0 ca G > U O0 Ill U) N MN c a c O. U3 UY E9' M 000 =Q UIxm QW (OQUo 41 c U) 0 c O n '� 3 m a3i c c o a) Em m m EE m E4c ` j Y 2o N(� m ( W m � f d rF m Z w Oh ONt000JC"4 lM0 U O V MM M (0 f� t0 1� l0 O M O C 7I O W O M V CO M O M r U Q EA EA fA EA '.. 3 a N K O O O U0 0 0 O C 0 0 0 0 0 I O a E o o oA os o o� o 0 c N Z /A A O m o v vi u Eq OaEi J p Q (6 N N OQ O O m O � jcc�) 0 E 10 In N to O O � O N t o ci C t 0 U V M M O O N OQ O tO rm a wO E z O � O � v p O O O O O N �U EA M t'O pOR T ER EA E9 EA EA O @ p C) m 0 O N a C O co in E o LO 10 CO CO N O M " 'V O O N t O O O P (D a C V' M M10 (D UD d =O co C z (D0) O (00 XT 00 O. � U m 7 600M NMN W E (D CL >. V E M M• EA U9, E9 U@ C U O Q i o m o J c6 ((D `m a 0 C U 3 (D M T d C 10 t0 CO t0 O O) c p 101� r N N V' O (0 V to OD0 (D N1D O t0 V w, O) O U% d' V' W �' n 10 N M r t` o (0 3 O N C 0 MO to O i., M o C 0 (D r N (D U0 M to O N EA d3 NN � VY O O O E o U O -0 a a O m N .0+ U U N D N N 3 d U W I O O t 0 0 U 0 CD X to (ON M 0m aaa N O W 04 N yO N 10001- to O O O N m o �pnMOa(OOODcco mmm E a) o k D_ cD Dio rC] V- UUU J c U 2 (CCDOOO) M N 000 - (6 O Q (A VY (A EA Vf J J J Q U -t mmuv Y C O m n J E Y C O N N O C Y 0 E S in E m antic L mo � (pii � m (D a) rp zp C/T6 Reviewed By: Agenda Item Number J2 a T A1 e Legal ❑ IV�N K�ISY�:�ESS �a7.� Finance ❑ EST. 1636 - a W City Administrator Tracking Number Id Consultant ❑❑ <LE I Agenda Item Summary Memo Title: Yorkville Market Square—Letter of Credit Reduction#1 Meeting and Date: November 6, 2007 Public Works Committee Synopsis: Recommend that the LOC for Yorkville Market Square be reduced by$670,684.42. The remaining amount would be $242,116.49. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: J=♦,��D C/Tye Memorandum EST. 1836 To: Brendan McLaughlin, City Adntinistrator f 01 f y From: Joe Wywrot, City Engineer \ s 9 I� °m 2p CC: Lisa Pickering, Deputy City Cle <LE ��♦. Date:November 1, 2007 Subject: Yorkville Market Square—Letter of Credit Reduction No. 1 Attached find a request from MASONCORP, Inc.,the general contractor for Yorkville Market Square,to reduce the letter of credit amount for sitework. Yorkville Market Square is located at the southeast corner of Rt.47 and Rt.34. I have reviewed the request and concur with the amount of work completed to date. I recommend that Deerfield Bank Letter of Credit No. 526 be reduced by the amount of$670,684.42. The remaining amount of the letter of credit would be $242,116.49. Please refer to the attachment for details. Please place this item on the Public Works Committee agenda of November 6,2007 for consideration. N U C (6 a N U U MONmO 00) O V O V O N M m O O M @ @ "(O r MN (O O O (O 10 CD O 0 (0 C O � M co co 0001� � co N a v= Z E V 4 o c) m ON cOCDa- O NZON a (C � 1z vz ; MLO Coo .2 m O '6 to N fA O M (A (A f9 V' N O U v3 m O n d N Q m E a d 10O (pO C ( O (O OMN co 01� (00 � I� OOM 'd' (0 (O (n C ) C) LO 01n OM c4 O" LOW O (OOd' (O I� NM 0 E w O � Mn V M1� V r4Dr (p U O Z ON O W P- Ni MOOD C C o � V MM (9 fH (A (A Ndi (D v- Q E o Q O N 3 n O O O (O O O 47 v O C D O M 000000 M O CO (0 E CL MOOMONd' 00MM N O N CO O � V (00co ONco +- CO Z M co- MMO (0 M (O1 l ul .- N MMM W N MV M .- CD O. 0NV � M VI EA M (A Nm � o a E '0 e» m (» n. a) U a E (4i Y a (D U C 0 0 T n O O O @ } m E a. C V O N Q m m . � OOw oo0 (Owa w @(D Lo aMOco OO V' OMOMM m C (O COO o0 [O V OHO 3 '- 0 O 0 w m M 100 N (00 o w E m (p w N V N W r� M V O O O N N w M V O N N V o r CO M N ° U N N O OM M bq V � M J O C J ca U) V3 w U rn o o cu a O O o J tn � 2 d a w 0000 Coo 0«l00000n (nNo V O � a cu (D N CL M 00 M � 01� N (OO CD C C O QLU CV) V MV NN(O (O N � VI N mm o (n (» IT (» (a 00 U U 00 C J J O (0 ca w C C E N E ° 0 3 E O1 ° m N C C O M ocC) c 3 @ .c o mo a .w pQ (p Na c rn_ C� fn nC7 '> ` Z` E d J C O) E U a C E C O 0 9 'G w Y6 U) wco .1 U) U) U)na ` .. inwin2 jf- z° 300 North Lalce Street a Montgomery, IL 60538 Ito Phone: (630) 859-1044 N ,/ A ® A (�® ®�� INC Fax: (630) 859-0873 / r+ A � �J /[� a www,masoncorpinc.com October 30, 2007 United City of Yorkville Attn: Mr. Joe Wyrot 800 Game Farm Road Yorkville, Illinois 60560 RE: YORKVILLE MARKET SQUARE/LOC REDUCTION Dear Mr. Wyrot On behalf of the developer, Progress Holdings, LLC, I would like to request a reduction in the current Letter of Credit from $912,800.91 to $242,116.49. The attached spreadsheet indicates the present completion of work on site and the subsequent effect it has on the overall LOC. Please feel free to contact me with any questions you may have. Very Truly Yours, Steve Hornik Masoncorp, Inc. 00 CITy Reviewed By: Agenda Item Number J� T Legal ❑ �1�yJ _ ��( �S ta3Li Finance F-1 esr. , 1836 Engineer�— �� Tracking Number �� L h City Administrator F]O Consultant ❑❑ PW 0 cy�,--1 Agenda Item Summary Memo Title: Grande Reserve Unit 23 — Sitework Letter of Credit Reduction#1 Meeting and Date• November 6, 2007 Public Works Committee Synopsis: Recommendation to reduce the LOC by the amount of$2,720,667.61 based on work completed to date and based on a correction to the engineer's estimate of cost. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,? p� Memorandum EST. == 1836 To: Brendan McLaughlin, City A ' trato O� I, From:Joe Wywrot City Engineer �p CC: Lisa Pickering,Deputy City Cle Date: November 1,2007 Subject: Grande Reserve Unit 23 —Sitework LOC Reduction 41 Attached find a request from Pasquinelli Homes, LLC to reduce the sitework letter of credit amount based on work completed to date.Pasquinelli is also requesting a reduction due to an error in the original engineer's estimate of cost. The original estimate listed the unit price for asphalt trail at$9.50 per square foot,while it should have been$9.50 per square yard. I have reviewed the reduction request and concur with the amount of work completed to date as well as the revision to the engineer's estimate of cost. I recommend a reduction to LaSalle Bank Letter of Credit No. S594383 in the amount of$2,720,667.61. The remaining amount of the letter of credit would be$713,701.91. Please refer to the attachment for details. Please place this item on the November 6,2007 Public Works Committee agenda for consideration. PASQUINELLI HOMES LLC 535 Plainfield Road Suite E Phone: (630) 325-4500 Willowbrook, IL 60527 Fax: (630) 325-0935 Richard L. Murphy Land Acquisitions and Entitlements Manager October 22, 2007 Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Grande Reserve Unit 23 Land Improvement Letter of Credit. Reduction Request 91 LaSalle Bank #S594383 Dear Mr. Wywrot Please find enclosed a request for reduction in the above letter of credit based upon work completed to-date on this project. Enclosed you will find a worksheet with percentage of work complete identified with dollar values assigned as per the approved engineers' estimate. Also enclosed is a letter of credit reduction worksheet which I believe follows the United City of Yorkville preferred format. Please note that while in reviewing this letter of credit, I found a typographical error in item 7 of the paving section. This item is identified as 67,589 SF of Bike path at $9.50/SF for a total of $642,095 .50. I believe this is clearly a unit error which was intended to be SY. The corrected unit would lower the original engineers' estimate to a figure of $71 ,334.50. This bike path is now installed and I put a correction into the original estimate figure in the notes and worksheet to avoid an inordinate sum being held in retention from the erroneous original figure. Please verify your concurrence on this issue. In accordance with the attached, we are respectfully requesting a reduction in the amount of $2,720,667.69 to a revised amount of $713,701 .72. Please process this request at your earliest opportunity. I can be reached at 708-514-25642 should you have any questions regarding this request. Sinc ely, Richard L. Murphy Enclosures i r 0 V r� LO JL().,V ONUOO> m cq 0 O W Z C N Z N V N N r 0) O N M 1� N 0 C a' K3 fA fA C 0 O E U U m (O UO to O Up N r0 (O rO C w I OZO Vm' N V 'T. 0 S C O M W 0 (M O C pO OUO CON O p M M O N 1` .L o V (A d) VD r 11 E 3 E (D a N M M d O O O m O m (O co r 0 0) p_ .Q r M' M M Un (p E O M V O 00 V N p N 0) CD co U Z C MN M m0�0 (00 C CL 3 E ° o 'O G � O O O N E Q u C M (O (0 .- 00 d p MC1 U ' O co co CO M [t 0) UO O a j N O O O) t0 OD N -0 00) UO V rN N D "m 12 1� 0N m a NM M t` 0) Uo O' Nw (» (n (» � N E -0 � O C di p N C @ co a W l6 N 0 (0 0 00) N �(OO N LO C V (0 00 r in of m m U Eoornu (D (D a m `o Q (f) �i 00 r v N w cvMml� ra m M .o O (y EA 64 (,.j J M m 00 � V) o °O N rn o0 w U ) a m ° 4k 4 NM (MO � (NO OOr �O V p W M co m m 0 V p � U � QC NM ON (co � N N N _lO C Q W M N M r m N D 'O M M 1� U O r C C a' m C V3 (A V) r C6 C0 m m3m _m m oil UV (m 0` 00 (7r � ma `m m cZZ o c 0 to c 3 s .N p m m rn 0 > O tm O O 6 m E C N E -E � p inwm° °=I U) U) IL 0 0 C1.7. Reviewed By: Agenda Item Number c O T Legal Finance E1nl t'f SUSt N ESQ EST. , 1836 El Engineer $? Tracking Number gi � tq City Administrator ❑ Consultant ❑❑ 6y <LE Agenda Item Summary Memo Title: Autumn Creek Unit 2—Plat of Easement Meeting and Date: November 6, 2007 Public Works Committee Synopsis: This plat of easement supplements the plat of subdivision for Autumn Creek Unit 2. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP Memorandum EST. 1836 To: Brendan McLaughlin, City Administrator From: Joe Wywrot, City Engineer I � �9 �. 2p CC: Lisa Pickering,Deputy City Clekkl J Date:November 1,2007 Subject:Autumn Creek Unit 2—Plat of Easement I Attached find one copy of the proposed plat of easement for Autumn Creek Unit 2. This plat supplements the Unit 2 plat of subdivision,which is limited to right-of-way dedications,the school site, and the city park on Autumn Creek Blvd. The plat of easement is necessary because there are utilities than need to be constructed to serve Unit 2 that fall outside the limits of Unit 2. I recommend that this plat of easement be approved and recorded. Please place this item on the Public Works Committee agenda of November 6,2007 for consideration. I ......... ................... ......... .................. ................... - . ......... - ...... . ......... 1111_... OWNER'S CERTIFICATE TAT PLAT OF EASEMENT . BEARING TABLE LINE TABLE 57ATEY L0°x IS i r 11 H 1 N0. flA01115 LX. OEAPIX4 CHOP° LENGTH W. BEARINL LENGTH THIS T CERTIFY THAT ME UN°Ep510NE0 IS RAISER THE MCI OF THE LI 102.00' N3B']9'01"E 39. 55' 39. BP LI 511'16'51"E 20,00' PROPERTY DESCRIBED ON TXF ATTACHED PLAT ANO HAS XAVEI CAUSED PART OF PERN9XEXT INDEX ALI 0242-176bOM m THE SAME TO BE SURVEYED, SUBDIVIDED AND PLATTED AS SHOW BY THE C2 MOT.00' 5]1.39'01'10 41. 10' IL 75' L2 x19 V9'41"E 6. 97' LAN FOR KNO LEDS AND PURPOSES T AS SAW UNM° THEREON. p0E5 C] 621.]0' 532-48'°5"E I0. 00' 10.00' L3 X21.20' 22"E TB. 99' HEREBY ACKNOWLEDGE AND mRT THE SAw YNOEp THE STYLE AND TITLE TNFREOH IN°ICATEO. THE THIS FOR HEREBY OEDICATMS TRU PUBLIC USE AND LANDS SHOO LI 315.00' 525.29' J9"E IB]. 91' 165. 19' U 562•31. 38"E s.00' ON NNIS PLAT FOq ixOg0Il4XFARES. SiREEM. ALLEYS µ0 PUBLIC SEPVIWa' O ERMY ALSO RESERVES FOR ANY ELECTRIC, OAS, TELEPHONE. DOLE N 26 CS 395.00' N]6•IN' 201 41. 60' 41. 62' LS S21-28- 22L 1B. 91' OR TEND TELECOMMUNICATIONS COMPANY UNDO FNNCHISE MREEYNT N THE UNITED CITY G YOKVILLE. THEIR SUCCESSORS µ0 ASSIGNS. THE allWNT PROVISIONS MICA ARE STATED HEREON. ( Cfi 400.00' X22•26' OPW 149. 36' 160. 24' L6 S49'49'I1 'W 3°. 88' THE UNDERSIGNED FURTHER CERTIFIES THAT ALL OF THE LAW INGLUOEO [X 9f' CT 15.00' 501]5'21^W 2L WY 2J.56' L7 x91.16' 51 'W 20.00' THIS PLAT LIES WITHIN THE 0°UXpMIES OF YOPRVILLE COMMUNITY UNIT LL 21 0 i02. J9' N2]4i'31"W SODIUM 212.06' L8 598.1]' °9"W p.28' 5aS0L AT LIES n5. WITNESS MY IWRI HAND AND SEAL AT SCNAUI&Ig4. ILLINOIS BRISTOL A.,9XS S O®�OAS®OA1 �9$ CB 25. 00' NOP59' 23-W 21.01 28.59' LS X101]'09"E 0.28' REC09JE0 AT ODgMpr IJ»] PEA WOK I NIS� OAY TF . 2DOi. ° 120 'J.{° AT PAGE S6 ONNIY Mat Q / LIO ilL]9' 52141' 22"E 26i.M' 26941' LEO N1p'43' D9"E 61.17' SCN.E(® , Ltl 518-43'09"W 20. 00' SIGNATURE - ATTOPoIEY-I M-FAM SIGNATURE - ATOPNEY-INY� T .p L12 518'IJ'09"W 20. 00' L' L13 528.92' 1}"E 60.81' PRINTED NAY MINING L14 519.37- 21-E IS.55, 19G 'S ADSUSELLE ROAD. SUITE 1000. SCXAUYSW4. It 60199 L($ 55111' ]9"E BLOB' NMEP'S ADDRESS LIP NOTARY CERTIFICATE To / Ltfi 511.10'23"E }2.09' IS STAR OF OL➢tlO LIT N70-IS' 3?"E Ils.O°' muOY Of Cal II SS p20 LIB X1140'28'10 40. T6' .XOTAM PUBLIC IX AND) FM THE STATE \ �.�pEO LI9 NTS'19'3i"E Is.00' µO COWRY MORE5Al0.may MAIL OUMALI p. 5 p KNEW 104E i0 RUNE SAw \ .pL�\31\p� \910° / L20 St1.10'2]"E 69.MY PfASOX151NNME XAVPI9 OWFJ Sw9C0@FD TO THE POPFO YW. W T FYS�ID G M ME TOM WE ACMgM1E0EE° THE i.RU OF 8609' qX L21 551'39'OT"W 10.00' ABC INSTRUMENTS FM TIE WAS AND % 50 / uL THEREON SET FORIN AS IOU 1119IIRIFRU AW VNUNEWEY ACT. Y,, ON 519E \\ L22 $61-32' I9"W S.02' NYA uxDR ul NAND AW WTMw sGL TATS_Gr G_.mOT. \\\ PARCEL 5 L23 x11-40• z3.1 3. 72' "FeA 11EASE30lT u1 se•ls' n"W us.DO• m yt / \�-rFERESr cawTmz WTMr WBLIC "1m� / �56�g�HsP� \\ Lzs xll-4o•z]"W s2.0a p �•�65 \\\ L26 X12.31' 39"W 19.fi]' L27 N19']i'2PW 75. 66' VITAL �l'� d ` �, L26 NU-424 T1 75. 66' :,1.4 `J \\ J.\ PoW7 Oi' 6E6MWMG Z. o,9 (1 & WlL ,Op19• N\ \� L33 PA9LQ 5 `faLLTN� V N L29 N91'26' ]I"W 100. 91' PS \A - L3° NW-3P UVT 15.00' 1 PIbLMRUI4T' AM ry ,g$R� / 1i (AYE } L31 541-26' SMILE i6.0°' /R\ mII L32 54.26.51"E 20.00' 11 Lis L]] ST2.2Y 16-W 15. 03' '[2L2 L23 \� cs2m3�q G\ \ o..a ✓Sn � L22" '65 PARCEL 2 � ;a PARCEL 4 T UK / Marc UT4?Y 490 FORT OF 6ECMWNC P=M UrLTY AtV 'YP pow !KP BY �) PARCEL US Y GA 91010 A >�at// %\\ \ PaMr of l a,9 /\ \ / \\ a�aec°'WUWQ i // dr V `� P'0 /�Ati4 ( 4 I / i / -<�'Ga a`'f9''1''3E .,;Z\ i y'' prg• .,¢ �'`L \ °>'»a '.• / 104'\ \ / s `'t- g pN4.IH'//fie�'i \•'4.4eLTC, \\ `b.'?s \f!g11 2L1.\ / / •�'••o nc.� \ Rani of \ y\ V f f,N °aT?v MONAWAGE US IiE CITY COUNCIL \ \ $, t s f C +:q CERTIFICATE \VAS' /� STATE UP ILLINOIS I \ � NWT Of NWALL i% \ %� \ \\ / a // \\ - \,,om, t Yom. A' A f v ' :: AMgDm AND AGfPEm W THE wmp w4 cINT cNwu R THf uWTm \ kF �4�96 '/ vILLE. ILLINOIS BY O�IXAxG NY M �. Tb� . / JO �\ *\ 1 102i1ui xElO lrlls �.0.. 2001.0 'E>} Nal \ ., ( E \. \� AT It- CITY CLERK'S \\ L 1, _ �� �' AurAery cREEM: eDU3EManB CERTIFICATE \ ",✓ `. - �_` FOG rLg< WAY ADI STATE K ILLIN01s l \ 7 `: Paxr OF 6r FOIW // UdWIDLYV• OOW WLSISW �.�®. C V OF KENDALL ISS \ M1 t cOlM1ENCfMENT m E. Um§T p \ PMBFL9 Z3. , EYNV%00 0 D3 APPROVED µD ILL.. ILLINOIS BY THE MAYOR µ0 CITY COUNCIL OF iXE UNITED \ I'y S� PER DOCUMENT R20060WW144 REC0.PoE0 JMUARY S,2tal AITN R YGpVILLE. ILlIX015 BY p OLwNCE HUWEq pp1Nr pF BEpMNNO +W AMENDED BY CERUFTCL OF CORRMIM MENTALLY T A WFTING XEU THIS_ AY O' A.D., 228-per pµCQ 1 •J6. MRLL ;Sp01 q5 OOCLWEM R200E000°R66$ AMENDED BY / CERTFIGTE OF MAPPECTION R EECATI EO JUNE 5, 2006 AS DOCUMENT OF COORECI FEBRI�YS6,'207 AN DOCUMENT R100NOOKLEL PUBLIC UTILITY AND DRAINAGE EASEMENT PROVISIONS 229 A NR£VCWS E 2ASOSNi IS MAEBY SERVED FOR I.W OPAVIEO TC 9C NA X EMMNICOR.CON 0.JONES IWFAC..OTHER W9IIC UMANDS.µD EXISTNO FPMO s WNrt WIND THE MY CF YCMYLLF. MEA;N0 TWA RESPECTRE SUCC65R9 H0 A lI ill" WE MEAN �,b• yN N R THE PLAT 4 'PULU�G UTILITY 6 WNVAGE EMNWT' MMbbeevel,MJ P.U. A 4.0 IUNf%IX°M1'9L0wCPG9I°CTE NIIX GRCU0xiX MRIOXMIIKE O°LSIEjJ110N SVI31p�I6 ' W HOl2IU Ww¢ iK SINFICEW TXE 'PUBLC URIR B Us ION EMEYEYT'. WELSOM WAR, TO mEP W CwE OF] WANN FLecTRM Lwv, Ks.MO AL x2CF53Mr F.YSYi6 Aft AND TMPFiO. TRH WIN Not wR1 Or SIMON T B TO FR THE PERSONNEL MO GUW TOMPAST GY THE NORM HALF CF UNTIL 231• sV St MONTH,RANGE T.MIT OF MENT UCEUARY MO RSOIMED FOR SUCH USED MO PWPoSES AW TO4EnEN z� THE TRA PR AL M W.ON OM AS Mul OFF EEACXNT LIGHT TTOTOYR'�vE M�°W9D RCAONTSS�VTFEnWXMYCnp44 uwE11 THE gWFFOE FF X PLAT 4F sueomll fNA4 ME DOW INDIAN 3r sze w AUTIIM REfwR p.6W0..00w1 v4L u M'L'n A PRIL li uc4�MEn�w+EEN1 mec AH]N-DCCLQYE EASEMENT O ALSO MERRY PEERYFO FR AND RMR° 70 RWSOOW96M AND AMENDED BYSSCF�°NGIGTE OF CRRCTI 5,MM yEET p TRMJWE.I INSM TO NlBTKl INSTALL MCW RUM, a RNMEW fl2006mot 9 AND MANGO BY RPiIFlCAR OA MRF nom RECORDED MRRpiH1IIM' OF WMPATUU SIOWWWOIEAEA,S Al Y��AllM°EiEO�ApCry E UMY 5 EAST LLdXEMT2�IW THWM° Y LAW TOWN SAM LET 220 1 CEMETANCEOXUI9HA WNRYI TIE MEM SHOWN ON THE PLAT C AXONE VSEIENP', FUEL WOOL NORM 41 COMES R 101UTES R SEmXM WEST FENONICMM TOTE WS TMY1wR WH A EIGHT OF ACCESS THERE EA FOR TOM PRSOINR µ0 EOWMO? LMT a 80 MM WETS FOT TO WE POW UP rt4 N"MD PONT MEMO K.CFSSMY MU MOUIpEp FOR SUCH WES NN NMWfs. ON (MAY COME PF1X4 CONCAVE XOMIEASiGLY.MAYpG A RADIUS M MUAOO FEET AND A T£ MOVE NAMED P U ME MANY 4RMTW THE MRi TO EMER WON WL BEAMS NRiX ]6 RAW OF U WM4 m Wa` NESL ILO° FFFL�UM GCSE AND%TW.Y.MANS Tw E S OI Gw DAVE W ffEi iNFN[E SWAN 6l SISMFNIB X M WOW A DECEMBER) FOR ME WR NOUN O SEi FRAM Mp THE flI4Ni 6 19 w R WS OF Al FEET TOT AND AK RD H. T BE RM N RTH 2 TO M MY R MYOVE UC TRFf5.SAND D R °MR w- wil Mf c i UM SO A PMdS R 1 FEE! µ0 A CMM 1l LONS NORTH 22 ASFAS EE9GlAlEG M "PRUC Ntlltt MN DRNWGE EMOIEM' WpCX W1fRf£R E4HO96S 6 YMUiM GO YtlgDS YESi 119.16 FEET TEN[E MWXERLY ALONG THE MC WITH THE RVSTMICTM,pS1NIATR.pFCWBT U=%MPNp, MMAL UNLIKE. °N SAW CMOs A°N FUTI T NORTH It°ERF✓•5 40 MUTES AN SECCMS WEST MFNi MVXTFNW¢ MM OPEWipN OF NEW IypEMwWID 1RM4NLSIO.J µM ].R fFEi TXEAS SOUTH O DEGREES O MNU 37 SO=$ MST 135.0 FEET TX M =N A@ SYWW M9 FMLETIE4 MPIMR VM O.NO PMWAWT PM It EMM 40 WAMF3 2] SFGN.'6i WEST SEA° FEyWWU M MORN 12 00p BIOLOINR.SIPLCNgL4.R Oe4TWClwNS SHALL BE WI6TRJCREO M UKH.R YgN6 N SECW05 WEST T9,8]ITXMCE XRM I9 0[GRLAN T WE 315EO1XD5 OVER MY MEAS BE M -mU UTIUTY A %MAR EA2{IFW°,BIR i 15.66 FEE1 iMFN[E NCR1N 38 OE4PFF5 12 YdUIES Il SECOIM WEST 1466 iFETI E WEO FYN O.V'ORS.SMRWS,iMES.LMRCM&G OPoVEWAYS TpR MRTX SS OE4PEE5 H NIMRFS ]I SftoN05 VSi ISOAO iFEl r0 A pNM OF ELSE MO Ol1EMP R6AlE➢ PRppSS ittR 00 tpT UXUACNMLY MERfEU WIIX 1XE OEVA SApI dgW BEM4 GAGS£ SOUINWFSIFIMY.NAVIX4 A PA➢Bli UP 601]0 FEET S KAEIX DESROEO. AM CNEW THAT 8FY6 UM ]1 °E07 IB Y6VNE2 OS SECONDS FAST IOAO FFFNI 114UIES ]I YLGXOSHOIIFSEi 1 OI °�EE!'VDI TdffML ISOIIIN ISiESSA2°1NTYWl IlG4EES THE USE CCRATKAN AND 114 OF THE NON-ExO.ISNE E N M 10110 UNITED MO BUT 664 FEET TRANCE SOIIIN 19 WOEESS R YdUTES 215FNXD5 EP'!D FR iM MOYF wIEG EMI}FS BY EVEN CF $UG FNTL¢5 SHML BE FE Eq�195ypW MITES p • X MINU1ES ]9 SECON°6 FAST 8 O FF T THENCE s011}X E p SUCH A YMKP 5° M H°i TO IWFAFEpE WMN °R PPENIDE THE OC WE ZECANCR EMT 20 Affil THEME XdiTN TB IIE4ME219 WN- ATM1 µp II4 TIFXEM BY OTME0. WTXIES MP WNR SU°X FA9FMEM5 .NE ALES rats EMT W WIN ONCE XRIX 11 °FERFEt 40 MIXUIES 9 SECONDS �MD PESERVEp.THE GORNU MID UROSSN4 OF SND E.V4MSIR BY T 416 FEETI THENCE NUNN TB DEGREES 9 WANES ]l SECONO3 EKi 19.00 FRTL N.WFO EN1II6 sxNl BE CONE w SUCH A wY1ER sa M Nor TO M SRm it 0LCM59 m NNUT L 2[ SECONDS WAS 64 FEET To A MAN aF INIEREP[EWIIX.OIMIGE.R ORRWB AYY iPMOWSMAV MO 06iWM1iIR SYS1d5 pApLIl L M SHOO CARVE BEM4 GKAVE FASTFALY.HAYING A MEDIA oG YSAO FEEL MO A rI0UTl6 NPRIIXW} TIEgETO EX6N1U WITYX ilE FAID¢NR BFINO BOSSED TME} pAgT OF THE NORM XAIF 6 SECTION II ioYNSXV ]) XOWM,pAM{ },FAST OF TYTLLMAKE SWTX f5 CEOFFFS N AWRFS 39 SECONDS E95i W.SK FEETIIMFHCE AND PECPRSfO.XO WE OR OCCWATON OF SHOO GIEMEMS BY THE MOVE NAMED O MIXCpAL YERIOWI,OESCPIBFD M SIXl0Y9 R SAN PdVE I05.TV if ET WAm SWTX 51 DECREES ]9 Dai SIWL CRUDE MT CXN14E N 40.1E R IIIPIGI OR CWHR ME 9'JgffLE T5 USTERXIMST GRASP MW LOT NO IN AUTWI GEED PJN.UNIT 1 UIfW .9 °i 0ONO WEST UP FFF1 }° }NE Pogi BFLMNP'C NL IN A4NOML ORIY.'KE PATIEMIS fWM PUT G SUBOmSNH MCOIVOfp JAXIINY 12008 M OWJWNr P 0600001M CON nial FN GW Q WME TO BE TRUISM® BY THE UNTO qtt OF YORIMLLE IN Mµ"DEEM BY CFRTFlGTE 0'i-dMECiw1 gFG AM. 3120% 0 OO:J' GMAIMM0 1]."f}Bx 50.FT. 0]22 FGS91 F 1R EM FYTR RMXR MWMN GR M.SA° Off MULL HAVE NO %5 ANDY M NDON BY NRRLGR UP MR TNX REC MG JUNE SM% WENT MMOM6w9 NO MMOF° BY G TWEE R R mNIERION MCCM iGWA4Y BE MT WIM RESPECT R 9JMILE RfSLORATR WOMm6 GN NOT U }0. 1,.2207 A,pOWM]R UDONOWm O1 TNUNN SOUTH Y %REFS 56 wW 5B mms UMWRMO3Ri QTR YEENR °R MPVLEYEW HA PAAID O NRB AMIFAS 1REq TN 4 DFLMES Il MIXUT610 SEAN% WEST RI]I FEET TYTPMY OU TAKE XRIH XLLF OF SECROM 22.TOMSNP JT NO M.RW I.FAR OF REWY PPOYOED.IpWEVE0.THAT SAID ON MAIL U OMON CO TO THE POMP%%'OFGII%x0 MME CIXrtIWONU NOUN 4%6MF.t W RY25 10 SUN TE WEBB PP AL 1R N.%SGIOG M FOUAWM w{.'TENAV°C WOM iO GMIFILL N0 Y0'Jw ML 1RFNCN CRFATG MGM MtlT at FFLTIRAACE NORTH Ie °GPFII 1] MW 09 SBWX% SONY X0.00 MMwPMLdA7� uz eoi°R' MX m OF LOT Bx IN My G Pu.D.uwT t 50 4 TO �m SyiMlf °RNXMA TO COW PATCH MY ASE T R CCNWMYE FEET TO THE MWMEMY INS Of A FILLED U M0 RMWE GSEMFNi NFRENGOU YJ9 MELVIN JNMMY 3 m06 M ONMPNT R0600m111. SURFACE TO ML pCESS BE AS AND VOL ID TO MANE WE MAMENNCE Y T 2020MOO49NI WOMEN SOUTH 41 DORM I6 Y MS 51 S 05 F 69 Te °{ Gw om MGOM96 APM ].M% AS OdMEW MFA W A %NLR.VIY CLEM µ° WCMMA CONSTR. o Y UM SOFA METITRX/E SOON As OE4� 13 DARES % M SCOOMN5 AND MFNOEM BY CMTIF W OF COWECIIR MCOROFD JUNE 5.2M ECO.YYE WEST Bill AMEW WAGE SOWN 41 %EASES IT WXIRE510 WORMUS FAST M 00D RO%Om166% AND AM M BY CEMIFICAR M GRMCTI°N MEXICO F%WMY OAK 0 C TENS MOTH 19 DGN IS AM MMM 115EORID5 EAST ST FEET TO A &hINOTL0 MIM P 7Omd190 MGYE NOUN Ie COMES 56 YI U 5B SSGINS COUNTY RECORDER CERTIFICATE ROOFF GLRHas SATWRR4 B G CMM.AVE MWHWO MLY HAVING A W R IMEW _NORTHWESTERLY ]a% OF WAR LUTMA DNWMM OF SWIM PMT TUN¢FEET 1 Win WRM ]e CEMBE R MIW5I6 01, Nos EAST Mas W%L To THE 45T OESCM1OUG Pull STATE OF ILLINOIS I f27 TOIf�A MI FFS Y2 S US EAST 1>M F l NUNAAE S'OOUUTH U oWGWSpFdES 311 mLAFUELED YR Y1µ°MAp°1fW SEE NI If'AAEiOFPONT p AWN PON MCLWThYI Y � NWY OF XSVGLL HS T SEND FEETITH M SOON V °E4RE5 2e MWYl6 U SEGws 200 MOM It%OASES 26 4USTIN SI SECODS Y MR6 SAID Cill THIS IXSTRWE F EST AS FIST i° A Mpi °F d VL. CIEVE Ado GMAYE HGMYFSTEMY, My E NEEDS MELl WN M NRM H %4'PFES as MUM 29 5NC S BUT IAA° FOR RECORD IN PEGP R'S OFFICE OF KENDALL COUNTY.FILM R WEST A MOM R Wall MEET AND A O THA19FM5 SdLX 4 RUPEES ]9 Wp- MACE sOUN M GERM S6G5 %racMdUj6 TL SECONDS COST TOGO FFR TXP'FF MOWN (510X05 WEST WAS FUTIT WUNUMENLY.MWO WE Mc G sAm FEET i S2 FEET 1wME y%N a BECOMES % nW HONE oAY Y T GWM ILTS MONTE WAGE WITH W %GASES M YWRR 41 SOMMUS BEST 3040 FEET UIEST 11 SECONDS UST 110.00 FGT NaCE MoMX n TES 29 sEmNDs LOG. MO RMOOM A OC% OF PUTS US PACE TO WE PR? OF BE NNx ALL M XERLLL COUNTY,O.Lpp5. EAST 36040 MEfINwLE S4UM II GGE6 26 MINUMS ST suC COST AM FEET RrARx410.5Wt W. (MAIN AMID -. BY, UW�MESSS6°WM AB is ME�A I2SSO METET TIFMCE SWTN b'DEdE£S 9 WNW PIRLFL Y S9 SF Z WEST IST.M FHA} TO A PONY UP LWIL SHOO MIKE BMX CONCAVE E9STfALY WWEi IKKO PY Nf WARS HALF OF 4C11R H.ioM IM T 1MM pµ2 71F OF WViN4 A R S OF MAD FEET MCI A CHM THAT BFMS SWRX 0] DUANE ]5 YIMRFS KENDA°R OF DENS i T THE wPo%µ 00C m AS FULRM p sEGN0.9 ANSI MEN FEET TEASE SWTNEPLY MR4 M MC M SAM CRVE2IS5 L CWN1Y W6TFAVmeST COMES OF LT II0 M ALAWx CRFEY P.UD MET t f� TO M PopD G 80IIMd0,AE M M0A�1 COUNTY.11 OM FMY PUT 4F ANIGMLp1.me ST JAMUgY 3.206 M wO R00GOamUt wMRMANY Start. 101311 MRS MENDED BY CGTFIGTE OF COON N M M MOLL 3.206 AS ONMPM 0MGPS µ0 M D% BY CFATIFlGR % dMEC M MCOGG JNIE 51 mob SURVEYOR'S CERTIFICATE .AALll HAW W RmamooM6R µ0 A W M M aI OF COON oM MGRDM FOAMY PANEL if .2007 Ni°FWTY Rm1Em011MITENCE SOUK AS M M 10 M 50 SE OM NORTH HALF OF SECTION RTOMN9M n NGYH.WAGE r.FAST G AR G ILLINIS 1 WORDS MAN 404RfFS m WWO- 02 SECO� WEST MROMih THE THEM° °M AA.'CPY VFAICAL FOLL°MM I SS IRON TO LAST ° CS MUM 0421 FEET To TE FW UP R4MXLXU.GIO COMMEVCMU AT THE WIDE ] LUi me BY AUNMN C PLO. UNIT 1 COUNTY OF GOA Po%i BFI% ON TIE NRdFRLY LIME OF A MITI NOISY M OPAIM EMAENT FINAL, PUT R SUWIY3MCMRECOPDmAIJµ'YNl ] m06 M ONYFM M060�001M C0 NGfi09 RO NIE W FEA OWIwM Sm600%LINE THEME SONx IB OE4PfE5 A WF APMMO BY f IFlGR OF m ECROM MC%DEG MRIl ] 2m6 AS DONwlli f[M UNION UAVAMS PROFESSIONAL °ESGN FEW NNJBA RURU°RIME HE ANUNTERSMSi ALOE SHOO IMOW LI LASS mM MAIL TGSE WIN II OE- MOON AND MUIIM°G BBY � CAC\V CORFCR6N RE 00 NEW 520% g[OX05IIESi 1]0.00 f4TNlIEX4 5NM H E N YWN6 NIA-N0ET6p OORHEREBY DECEASE THAT THE PLM SNOA N%FOX CPYN MS ROWS WEST 226M FEE116TpICE SOUTH 4 MORE I6 WOOFS 51 MUSLIM EASE S.DOW AS 00 SAMUEL TffNCE NUNN 46 ApRm,°V.F6 YIYI0XE9 59 kMWSMW Y COON LUM MEAN UNSLING SWVEYS AW NSTMI4ENM R PUBLIC RECORD FOR 1]040 MET TO GW XRTNFPLY UHF, Rj SOU N AM pgE4MGF5 IS N MITI ES 00 pSE US �ORA11.165'UR�dE N�NW�ESIMLFRLMA G SAW mi 9d.A DISTANCE OF ]45.91 FEET.EXEVCE THE INDICATED XAEOX. THEN E NOR MITI MI 0 4 [ 0 S FEET MEMO WEST PEMMIMd TO WE LAST D6 M0 H mWIFS R SFL6dD5 Gti 6TAl fQT11IE5iEIR XRNX 11%- t,]5 p OM POW G 0m 101 MNp6 0Up1 T2 DORM w AMOCO GIVEN Z3 siSMO1 00 xANp A0 SEAS AT RoSEWXi ILLIm2; EPEES I61m.MF5 514OM05 NMI 13Lm FEET THX61M1N H DECREES II YANES 16 YmXR�Ri MIA] RFFr i0 A MAY of NpY£SYO NPVE BFI% CONCAVE SWN- I Y F NOVEMBER. AO.. m0i. % SFLOIM EMSL O.Se FFEEIMXCE XO,TN 40C4gFE516 LW M 51=NOS MST USTRLY I . MO A MAGI. °F i S Fwi µD A MM THAN 0EF0.5 MOM AN 00MF5 N MEN MITI SOON M 09 BRANDS MEET 26145 FIAT TO 10WY{S 31 s S WEST MUNDANE FFE ST IMMWS Y At= M MC OF SAM WE FASRALY LAW OF SAWASUADJMSSEE1SW ITIF#E XORX 4 MIIIIS M YMU1E5 g SmIXtlS CUgVE 21PA6 FEE! i0 A ROM! Cf DAVE GID NONE Gw EASIFISY.XAVpU MST 2040 FfETNNNFNCE HORN AS wwMS U A CII 09 SMC FAST 21 FEEEI 5 ro%M V MOO MEET AND A MAD THAT REAMS WRTI 00 MWEES N MMN6 9 THENCE MAIN 41 DE4PFF516 MANES A SF G0 UST OIL MET THENCE $DUN 10 m�V FEED THENCE X HMLY MR4 WE ARC N YID CWVE 2039 FEET 1J IG0WMR5 09 SECODS WEST QNM FaTi HM E Sdd WE m M YWNU DAVID M. SmMIU "I At�I THENCE X 40 DETAEES II MIWYM % SEISMS BUT TO FEET AND A OWING THAT ROOM SOIM iwRGYfiS At 41NDtEY 9 SECOM HEST ILLINOIS PPoFE55[%LL UX0 $IIpYE2AQ H0. ]]91 1N19 fFEI'I T U, w 16 mX U SI SECONDS BUT MUD fFEi TO 261E MITI T StlTXFIEY MONO THE MC % SM0 CRVE 26;M MET TO THE mME NT LICENSE ELIICEESENOVUBU APRIL ]0. 2 CMYIMNIiW 059 SW O.R.MSSi °Al COUKtt.p 15. 0 GW W. RU ON xWALL MU NIT WMOM.221 NOUN m.M. (MAU A SI DGe ugXTR PULTE HOME CORPORATION UUM WWWI PP0'MCT "leT��al"SU R ILLINOIS DIVISION PLAT OF EASEMENT sxEET 1 of 1 9575 W.HIDE. as $alts Bm u. 6oMe 1901 NORTH ROSELLE ROAD . WRrFla HGT ne-MONO Yo�KVILI.E,I Iwam r1x11Nn]lB-9i92 SUITE 1000, IM. °ATE NATURE OF ' 1" ° 120 FEET DRAWING X0. © T SURVfTIgO. LID..2007 SCHAUMBURG, IL 60195 1 FILE NAME OATEL 090,19/1007 3655PS2 EASE.PLN ....................................._......... ......_.............._..........................._._._......._......-.........................._..._...................... ................................................... ...._..........-......................._........................._...._.-................._........_................__........._........_...._............._............ `�foD C/Ty Reviewed By: Agenda Item Number ? J O J A Legal ❑ �1 Gtiv �juS 1 N ES-6 1 Finance ESL f� 1836 ❑ Engineer Tracking Number u y City Administrator ❑ Consultant ❑ ❑ <LEc Agenda Item Summary Memo I Title: Wells 3 &4 Treatment Facility—Change Order#5 Meeting and Date• November 6, 2007 Public Works Committee Synopsis: This change order is for an 89-day time extension for this project. Construction is complete. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C/p!' 0 Memorandum ESL ` 1836 To: Brendan McLaughlin, City Administrator _ y From: Joe Wywrot, City Engineer -. --'• � 9 .. p CC: Sue Mika, Finance Director Lisa Pickering,Deputy City Clerk Date: November 2,2007 Subject: Wells 3 &4 Treatment Facility—Change Order#5 Attached find one co r copy of proposed Change Order#5 for the referenced project. This change order is in the amount of a zero dollar increase and an 89 calendar day time extension. The time extension would be from September 30, 2006 to December 28,2006. The construction of this project is complete,with final payment being made in April of 2007. Funding of the project,however,is through a loan from the Illinois EPA. We need to extend the project completion date in order to request funding of engineering costs that occurred in the October-December 2006 timeframe. I recommend that this change order be approved. Please place this item on the November 6,2007 Public Works Committee agenda for consideration. CHANGE ORDER Order No.: CO-05 and Final Date: October 11 2007 Agreement Date: October 13, 2005 NAME OF PROJECT: Contract B. 1, Yorkville Wells No. 3 & 4 Well House and Treatment Facility OWNER: United City of Yorkville CONTRACTOR: Whittaker Construction & Excavating Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: The contract completion date is changed to December 28, 2006. Justification: The time was needed to complete final changes to the system to isolate Well No. 4 from the potable water system, electrical repairs at the Well No. 3 Well House, and complete final punch list items. Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 1 .819,000.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 1 .838, 136.00 The CONTRACT PRICE due to this CHANGE ORDER will be (inerea6ed) (deGreased) by: $ 0.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 11838, 136.00 CO-01 CHANGE ORDER Page 2 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (d d) by 89 calendar days. The date for completion of all work will be December 28, 2006 (Date). Approvals Required: To be effective this order must be approved by the agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: Whittaker Construction & Excavating Inc U Recommended by:�� Engineering Enterprises Inc Accepted by: United City of Yorkville State Agency Approval: CO-02