The URL can be used to link to this page

Public Works Packet 2013 12-17-13 car o United City of Yorkville Q A. 800 Game Farm Road EST. �� 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 W p Fax: 630-553-7575 cuuMV `�' <CE AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, December 17, 2013 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: November 19, 2013 New Business: 1. PW 2013-57 Water Department Reports for August, September, and October 2013 2. PW 2013-58 Route 34 McDonald's — Grant of Easement 3. PW 2013-59 MFT Resolution for Route 47 Project 4. PW 2013-60 Safe Routes To School - Call for Projects 5. PW 2013-61 Kendall Crossing Acceptance and Security Reduction 6. PW 2013-62 Subdivision Securities - Reduction Policy 7. PW 2013-63 Kendall County TAP Grant Application Old Business: 1. PW 2013-43 Caledonia Letter of Credit Call and Subdivision Completion Update Additional Business: 2013/2014 City Council Goals—Public Works Committee Goal Priority Staff "Road improvement maintenance program" 2 Eric Dhuse "Capital Improvement Planning (River Road Bridge in 2013)" 6 Rob Fredrickson,Eric Muse,Bart Olson "Sidewalk improvement maintenance program" 8.5 Eric Muse UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, December 17, 2013 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- l. November 19, 2013 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2013-57 Water Department Reports for August, September, and October 2013 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2013-58 Route 34 McDonald's—Grant of Easement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2013-59 MFT Resolution for Route 47 Project ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2013-60 Safe Routes To School - Call for Projects ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2013-61 Kendall Crossing Acceptance and Security Reduction ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2013-62 Subdivision Securities -Reduction Policy ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2013-63 Kendall County TAP Grant Application ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2013-43 Caledonia Letter of Credit Call ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- A. Co. Reviewed By: Agenda Item Number 4.0 Legal ❑ Minutes Finance ❑ EST. 1836 Engineer ❑ ^�= City Administrator ❑ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the Public Works Committee—November 19, 2013 Meeting and Date: Public Works—December 17, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at agendas@vorkville.il.us post at www.facebook.com/CityofYorkville tweet us at @CityofYorkville,and/or contact any of your elected officials at ham://www;yorkville.il.us/�ov offrcials.php DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, November 19, 2013, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road In Attendance: Committee Members Chairman Diane Teeling Alderman Ken Koch Alderman Jackie Milschewski Alderman Larry Kot Other City Officials Mayor Gary Golinski City Administrator Bart Olson Engineer Brad Sanderson Administrative Intern Jeff Weckbach Other Guests: none The meeting was called to order at 6:03pm by Chairman Diane Teeling. Citizen Comments: None Previous Meeting Minutes: October 15, 2013 The minutes were approved as presented. New Business 1. PW 2013-51 Autumn Creek Units IA and IC—Subdivision Acceptance and Bond Release Mr. Sanderson said portions of this subdivision were approved by the Council in January and he recommended release of the two 1-year warranty bonds. Mr. Kot asked about the percentage of buildout. There are very few remaining lots south of Kennedy Road and paving has been started for lots north of Kennedy Rd. It was noted that many B.U.I.L.D. permits have been issued in this development. This will move to the Council consent agenda. 2. PW 2013-52 Briarwood Subdivision —Bond Release The Council accepted this project in December 2012 and the 1-year warranty period is nearly up. Grading and erosion control issues surfaced with the builder, however, they have been resolved. Mr. Sanderson recommended release of this bond as well and the item will move to the Council consent agenda. Page 1 of 3 3. PW 2013-53 Raintree Village Units 4, 5, and 6— Completion of Improvements This is an engineering agreement for approval that will employ EEI as the project manager and provides for infrastructure to be completed. The project will begin next year and the agreement is covered by SSA funds. Bids will be let in March with the work being completed hopefully by September. Alderman Koch asked if the SSA payments will raise, however, they will not. It was noted that the most expensive item is the asphalt. This item moves to the Council consent agenda as agreed by the committee. 4. PW 2013-54 Route 47ITEP—Street Lighting Project a. IDOT agreem en t b. Engineering Services Agreement This item sets forth 2 agreements: a grant agreement with IDOT and an EEI engineering agreement. This will provide for street lights which will be accelerated from 2017/2018 to take advantage of the construction crews already in the area. TIF money will be used for the local match even though this could result in a deficit in the TIF fund. Bids would be let about a year from now and installation from Somonauk St. to Rt. 126 would be complete by approximately 2015. Alderman Kot asked how the possible TIF deficit would impact other downtown projects. Mr. Olson said that only the amount of money that has been generated from each TIF project would be paid out in thoseTIF funds. He added that Imperial Investments was aware that another project could move ahead of the anticipated undergrounding of electric. He also addressed how the city auditors may view this move and said they would be OK with it since it is a long term strategic plan. Alderman Milschewski questioned the placement of the lights since the area is narrow. They will be placed in the sidewalk in some cases. Decorative and some non-decorative lights will be installed at a cost of$330,000 and must meet IDOT photometrics. Mayor Golinski asked about the amount of the yearly TIF increment which is about $60,000 and should rise each year. This item will move to the regular Public Works agenda by committee agreement. 5. PW 2013-55 Uncontrolled Intersections Eric Dhuse had asked EEI to review 13 intersections for which complaints were received or based on his own observations. Traffic studies were done and some may require yield signs due to sight distance problems. Ms. Teeling added that increased construction causes additional traffic as well. Alderman Kot asked if any public notification is needed when new signs are erected. While no notice is given, warning signs may be erected. This item will move to the Council consent agenda. 6. PW 2013-56 Capital Improvement Program Administrator Olson said there is $43 million needed for upcoming projects that are comprised of ones that are committed to, should be committed to, or need to be done. Discussions need to be held to determine how to fund the desired projects. He said that no cuts can be made to the water or sewer budget and that an increase or bond sale would be needed. If there is no rate increase,the City must decide how long the project can be delayed. He did a 7-point summary of the major projects in front of the City. Alderman Kot noted that many of the projects are in the older part of town,with some infrastructure 80 years old. Page 2 of 3 Another project before the City is "WM20"which is a$Imillion watermain replacement resulting from the Rt. 71 expansion scheduled for 2015-2017. He hopes IDOT will allow a no-interest payback. Rt. 71 will be widened to 5 lanes and the watermain would be under the curb or in the ditch. Alderman Koch asked if IDOT considers the cost to municipalities when they undertake large projects? Other road improvement projects include Mill Road and Kennedy Road that are developer-funded. East and West Kendall will also be improved with a need for new watermain. Game Farm Road is scheduled for 2015-2016 and will be funded with a bond. Mr. Olson said a significant policy decision must be made regarding funding these road improvements. Water and sewer rates were discussed and it was noted that sewer rates have not increased since 1991, but water charges have increased. Mr. Olson said that if all road projects were done in the next 3 years, a 12%yearly water charge increase for 5 years could fund the improvements. Alderman Kot said the City should be cautious about raising costs in view of the negativity about the road fees. Mayor Golinski said there are only 2 options: to incur long term debt or disregard the improvements needed. Alderman Teeling suggested any building fees or unexpected funds need to go into the road budget. Alderman Milschewski questioned the costs for well#6. Mr. Sanderson said there is no well at this location in Bristol Bay at this time, but the City must plan for the future as the population grows. Another source of water and the related maintenance will be needed eventually. The Kennedy Road trail was briefly discussed and Mr. Olson said the design must be finished before the City can apply for a second grant and that the grants are only offered every 2 years. Old Business: 1. PW2013-43 Caledonia Letter of Credit Call and Subdivision Completion Update Mr. Sanderson said this matter was before the committee 2 months ago and the committee recommended calling the letter of credit. The developer met with EEI and agreed to work on the punchlist. Some progress has been made and roadwork will be addressed in the Spring. This item will be brought back in December to monitor the progress. Additional Business: Alderman Kot asked if the Fall leaf pickup is complete, since some residents are still raking. The collection is done according to Mr. Olson, so leaves must be bagged at this point for pickup. Alderman Teeling asked if there is a City Code that prohibits raking leaves in the street. This is a violation according to Mr. Olson and should be reported to the City. Alderman Koch asked about the safe route to school and Mr. Olson said there are no recommendations being made for the remainder of the year regarding the grant. Mr. Kot asked if the grant could be used to replace sidewalks. This will be brought back to committee next month for further discussion. Mr. Koch discussed a possible parking violation of a semi tractor parked on the street overnight. He mentioned a possible parking issue with some landscapers also. Clarification on the ordinance was requested and Mr. Olson will research for him. There was no further business and the meeting was adjourned at 7:11pm. Minutes respectfully transcribed by Marlys Young Page 3 of 3 Reviewed By: Agenda Item Number Legal 1-1 NIB #1 Finance ❑ EST ''� - 1836 Engineer ❑ City Administrator El Tracking Number GHuman Resources ❑ Community Development ❑ PW 2013-57 y� Police ❑ ALE Public Works 0 Parks and Recreation ❑ Agenda Item Summary Memo Title: Water Department Reports for August, September, and October 2013 Meeting and Date: Public Works Committee—December 17, 2013 Synopsis: Monthly water reports that are submitted to the IEPA. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:OOam to 4:30pm at 630-553-4350,email us at agendasgvorkville.il.us,post at www.facebook.com/C`ityofYorkville tweet us at @CityofYorkville,and/or contact any ofyour elected officials at httn://www;yorkville.il.us/gov officials. i United City of Yorkville Z 0 1f 26 WATER DEPARTMENT REPORT 0 >� AUGUST 2013 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 510 125 90, 000 i 4 1393 542 500 22, 556,000 7 1527 1125 430 9,222, 000 8 1384 840 371 13, 997,000 I 9 1368 861 460 12,744,000 i TOTAL TREATED 551798,000 i I CURRENT MONTH 'S PUMPAGE IS 563, 000 GALLONS less THAN LAST MONTH 2,084,000 GALLONS more THAN LAST YEAR DAILY AVERAGE PUMPED : 1 ,799 , 935 GALLONS DAILY MAXIMUM PUMPED : 2,476,000 GALLONS DAILY AVERAGE PER CAPITA USE : 105 GALLONS WATER TREATMENT: CHLORINE : 1393 LBS . FED CALCULATED CONCENTRATION : _ 3 . 0 MG/L FLUORIDE : 477 LBS , FED CALCULATED CONCENTRATION : .39 MG/L POLYPHOSPHATE : 1235 LBS . FED CALCULATED CONCENTRATION : 97 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY : 23 SATISFACTORY _0_ UNSATISFACTORY ( EXPLAIN) I FLOURIDE : 3 SAMPLE(S) TAKEN CONCENTRATION : 1 . 0 MG/L MAINTENANCE : NUMBER OF METERS REPLACED : 9 NUMBER OF LEAKS OR BREAKS REPAIRED : _2_ MXU'S : _4_ NEW CUSTOMERS: RESIDENTIAL: 9 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL : _0 COMMENTS: Main break: Game Farm Road repaired 8/21/ 13 and Rt. 47 and Rt. 126 repaired 8/20/ 13 . Lost about 87,000 gallons between both breaks. III `,t�D Clpf United City of Yorkville 2 O JAN 9 WATER DEPARTMENT REPORT E SEPTEMBER 2013 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 510 ,. 125 328,000 4 1393 542 500 18, 178,000 7 1527 1125 430 71657, 000 I 8 1384 840 371 11,372,000 i 9 1368 861 460 10,942,000 TOTAL TREATED 45,899,000 i CURRENT MONTH 'S PUMPAGE IS 9 ,899, 000 GALLONS less THAN LAST MONTH 1,481,000 GALLONS less THAN LAST YEAR DAILY AVERAGE PUMPED : 1 , 529,966 GALLONS DAILY MAXIMUM PUMPED : 1 ,827 ,000 GALLONS DAILY AVERAGE PER CAPITA USE : 89 .99 GALLONS WATER TREATMENT: CHLORINE : 1067 LBS . FED CALCULATED CONCENTRATION : _ 10 MG/L FLUORIDE : 399 LBS . FED CALCULATED CONCENTRATION : . 39 MG/L POLYPHOSPHATE : 1016 LBS , FED CALCULATED CONCENTRATION : . 97 MG/L i WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY : 23 SATISFACTORY _1_ UNSATISFACTORY ( EXPLAIN) Re-sampled Satisfactory FLOURIDE : 3 SAMPLE(S) TAKEN CONCENTRATION : 1 . 0 MG/L MAINTENANCE : i i NUMBER OF METERS REPLACED : 4 NUMBER OF LEAKS OR BREAKS REPAIRED : 0 MXU'S : 0 NEW CUSTOMERS: RESIDENTIAL : 9 COMMERCIAL : 0 INDUSTRIAL/GOVERNMENTAL : _0 COMMENTS: i Main break: None I United City of Yorkville ' E � s WATER DEPARTMENT REPORT 09 (r :� o <cE� y`2 OCTOBER 2013 MONTH / YEAR WELLS I NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH 'S PUMPAGE FEET FEET FEET GALLONS 3 1335 510 125 470,000 4 1393 542 500 17,022,000 7 1527 1125 430 61672, 000 i 8 1384 840 371 10, 100,000 9 1368 861 460 10, 128,000 TOTAL TREATED 40,9801000 CURRENT MONTH'S PUMPAGE IS 4, 919, 000 GALLONS less THAN LAST MONTH j 1,424,000 GALLONS less THAN LAST YEAR DAILY AVERAGE PUMPED : 1 , 321 , 935 GALLONS DAILY MAXIMUM PUMPED : 1,814,000 GALLONS DAILY AVERAGE PER CAPITA USE : 7736 GALLONS WATER TREATMENT: CHLORINE : 1066 LBS, FED CALCULATED CONCENTRATION : _ 3 . 0 MG/L FLUORIDE : 385 LBS. FED CALCULATED CONCENTRATION : . 39 MG/L i POLYPHOSPHATE : 903 LBS . FED CALCULATED CONCENTRATION : . 97 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY : 23 SATISFACTORY _0_ UNSATISFACTORY (EXPLAIN) FLOORIDE : 3 SAMPLE(S) TAKEN CONCENTRATION : 1 .0 MG/L MAINTENANCE : NUMBER OF METERS REPLACED : 4 NUMBER OF LEAKS OR BREAKS REPAIRED : 1 MXU'S : 29 NEW CUSTOMERS: RESIDENTIAL : 9 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL : _0 COMMENTS: Main break: Route 126 and school . Lost 65, 000 gallons Reviewed By: Agenda Item Number Legal 1-1 NIB #2 Finance ❑ EST ''� - 1836 Engineer 0 City Administrator El Tracking Number GHuman Resources ❑ Community Development ❑ PW 2013-58 y� Police ❑ ALE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Rt 34 - McDonald's Meeting and Date: PW Committee—December 17, 2013 Synopsis: Easement Acceptance Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at azendas(a yorkville.il.us,post at www.facehook.com/C`ityofYorkville tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/zov oEicials.php Memorandum EST. _ 1836 To: Bart Olson, City Administrator From: Brad Sanderson, EEI sae p CC: Eric Dhuse, Director of Public Works � ndaC.-�2, Kathy Orr, City Attorney Lisa Pickering, Deputy City Clerk Date: November 21, 2013 Subject: Rt 34 McDonald's Easement Dedication Attached find one copy of a proposed grant of easement for pedestrian and bike trail purposes on the Rt 34 McDonalds site. As part of their proposed improvements, they will be constructing a shared use path across their frontage. The path will connect into the improvements proposed on the current Rt 47 project. We recommend accepting the proposed easement. Please place this item on an upcoming Public Works Committee agenda for consideration. PLAT OF EASEMENT I PIN 02 -28404-026 OVER PART OF LOT 1 IN MCDONALD SUBDIVISION , BEING A SUBDIVISION IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28 , TOWNSHIP 37 NORTH , RANGE GRAPHIC SCALE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , RECORDED AS DOCUMENT NUMBER 77 - 1591 , IN KENDALL COUNTY, ILLINOIS 20 0 �o zo 40 I IN FEET I inch = 20 ft. LEGAL DESCRIPTION OF PEDESTRIAN AND BIKE TRAIL EASEMENT PEDESTRIAN AND BIKE TRAIL EASEMENT PROVISIONS THAT PART OF LOT 1 IN MCDONALD SUBDIVISION, BEING A SUBDIVISION IN THE WEST THE UNITED CITY OF YORKVILLE, ITS SUCCESSORS, LICENSEES AND ASSIGNS, ARE A HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH , RANGE 7 HEREBY GIVEN EASEMENT RIGHTS OVER ALL AREAS ON THE PLAT MARKED EAST OF THE THIRD PRINCIPAL MERIDIAN , RECORDED AS DOCUMENT NUMBER PEDESTRIAN AND BIKE TRAIL EASEMENT" , TO CONSTRUCT, INSTALL, RECONSTRUCT, 77- 1591 , MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE REPAIR , REMOVE, REPLACE, INSPECT, MAINTAIN AND OPERATE PEDESTRIAN AND NORTHEAST CORNER OF SAID LOT 1 THENCE SOUTH 04 DEGREES 44 MINUTES 24 BICYCLE TRAILS, PAVED OR UNPAVED, FOR THE USE AND ENJOYMENT OF THE SECONDS WEST ALONG THE EAST LINE OF SAID LOT 1 , A DISTANCE OF 166922 FEET GENERAL PUBLIC. THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO TO THE NORTHEAST CORNER OF THE LAND TAKEN IN CONDEMNATION CASE NO. ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND 2011ED24, DESCRIBED IN AN ORDER VESTING TITLE RECORDED DECEMBER 15, 2011 AS THE RIGHT TO CUT, TRIM, OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS WITHIN DOCUMENT 201100020875 FOR THE POINT OF BEGINNING; THENCE NORTHWESTERLY THE EASEMENT AREAS HEREIN GRANTED WHICH INTERFERE WITH THE CONSTRUCTION , INSTALLATION , ALONG THE NORTHERLY LINE OF SAID LANE? TAKEN BY CONDEMNATION CASE N0. TION, RECONSTRUCTION, REPAIR , REMOVAL, REPLACEMENT, INSPECTION , 2011E024, BEING A CURVE CONCAVE NORTHEASTERLY, NOT TANGENT TO THE LAST MAINTENANCE AND OPERATION THEREOF. NO TEMPORARY OR PERMANENT BUILDINGS, DESCRIBED COURSE, HAVING A RADIUS OF 11400. 10 FEET, A CHORD BEARING OF STRUCTURES OR OBSTRUCTIONS SHALL BE PLACED ON OR OVER SAID EASEMENTS NORTH 80 DEGREES 21 MINUTES 27 SECONDS WEST, A CHORD LENGTH OF 58. 07 THAT INTERFERE WITH THE RIGHTS HEREIN GRANTED. FEET, AN ARC LENGTH OF 58. 07 FEET TO A POINT OF TANGENCY; THENCE NORTH 80 DEGREES 12 MINUTES 42 SECONDS WEST ALONG SAID NORTHERLY LINE, 140. 12 FEET TO THE NORTHWEST CORNER OF SAID LAND TAKEN BY CONDEMNATION CASE NO. 2011ED24, SAID NORTHWEST CORNER BEING ON THE WEST LINE OF SAID LOT 1 ; THENCE NORTH 00 DEGREES 18 MINUTES 59 SECONDS EAST ALONG SAID WEST LINE, 10. 14 FEET TO A LINE PARALLEL WITH AND 10. 00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID NORTHERLY LINE OF THE LAND TAKEN BY CONDEMNATION CASE `NO. 2011ED24; THENCE SOUTH 80 DEGREES 12 MINUTES 42 SECONDS EAST ALONG SAID PARALLEL LINE, 141 . 79 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE 10. 00 FEET NORTHEASTERLY OF AND CONCENTRIC WITH , THE SAID NORTHERLY LINE, BEING A CURVE CONCAVE NORTHEASTERLY, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 7 11390. 10 FEET, A CHORD BEARING OF SOUTH 80 DEGREES 21 MINUTES 20 SECONDS EAST, A CHORD LENGTH OF 57. 18 FEET, AN ARC LENGTH OF 57. 18 FEET TO THE RESUBDIV{ SION OF PART OF BLOCK 1 EAST LINE OF SAID LOT 1 ; THENCE SOUTH 04 DEGREES 44 MINUTES 24 SECONDS ---- COUNTRYSIDE CENTER UNIT NO. 1 WEST ALONG SAID EAST LINE, 10. 03 FEET TO THE POINT OF BEGINNING; IN KENDALL DOCUMENT NUMBER 79 - 1982 COUNTY, ILLINOIS, ONERlNOTARY S85'15'36 "E(M) a 216. 98 STATE OF n4L5 _ ) (M) 0 SS COUNTY OF ) �z THIS IS TO CERTIFY THAT t5 __ '' _ ( ( art . m THE OWNER OF THE PROPERTY DESCRIBED IN THE FbREGOING cof V9% 0 V p SURVEYORS CERTIFICATE AND BY THE DULY ELECTED OFFICERS HAS w _ z :CAUSED THE SAME TO BE PLATTED AS SHOWN HEREON FOR THE USES cr AND PURPOSES THEREON SET FORTH` AND HEREBY ACKNOWLEDGES AND g w - ADOPTS THE SAME UNDER THE STYLE AND TITLE AFORESAID . �-- 0 O -� o0 00 DATED AT — -- ___ — , THIS _....._ DAY . _. _. z 4, w OF --------- ----__ A. D. , 20 _ _�_ . 0 co __ 0 o _._ LL Q BY* p cn ON ... TITLE: '?� 1 � �° OFH qSOUTHERLY ATTEST. T OF BLOCK 1 OF LOT ? 1N 0 N ;7 IN CEN RESUBDIVIStON `= TI TLE: ER UNIT Np' ? O ---.. 00 Uj CIO NOTARY' S CERTIFICATE N80•37) 3"w(R) 211 . oi LL -__ ) THE NORTHERLY STATE OF LINE. OF COUNTY OF u. G° ) SS PART OF BLOCK 1 LOT MCDONALD SUBDIVISION --� COUNTRYSIDE CENTER UNIT NO. 1 A DOCUMENT NUMBER 71 - 3354 NOTARY PUBLIC IN THE COUNTY AND STATE A ORESAID , DO HEREBY i , _ 1 _ _ P000co CERTIFY THAT THE NORTHEAST CORNER OF LOT 1 4 _ �_ •: 1 ________ _ _ , MCDONALD SUBDIVISION T B g ( TITLE) © oo r, rO . AND ! t �- Poo �. . . bno un l ( TITLE) d tsl A OF _ _ ,_ _�D _Ve _ .� EGA. m ( COMPANY) , WHO ARE PER NALLY KNOWN TO ME TO BE THE SAME W 1 PERSONS WHO ARE SUBSCRIBED TO THE FOREGOING CERTIFICATE OF 0 to OWNERSHIP, APPEARED BEFORE ME THIS DAY IN PERSON AND z "art '( �Q� �'�� %0 ACKNOWLEDGED THE EXECUTION OF THIS INSTRUMENT IN THEIR tr r �-'` �Q �� j* CAPACITY FOR THE USES AND PURPOSES THEREIN SET FORTH AS THE 7�' FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION . z ��•� 00 GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ • c0 DAY 4 CNI �- r- OF _ --- A. D . , 20_L --- • (o ^ --. By 3 � 3 NOTARY PUBLIC to OFFICIAL SEAL N O I IC3 L:L.E M L ;CHTENIIERG N NOTARY PUBLIC - STATE OF ILLINOIS f MY COMMISSION EXRRES:02.4/16 CITY CERTIFICATION N00.18 ' 59 " E STATE OF ILLINOIS ) 10. 14' —�. ) SS _ — ... S$0 COUNTY OF KENDALL ) � ~ ° `` 2'42 "E R- 11390• , _ 41 . 7 10 THE OR ,.. ,• DESTRigN AND BIKE T `• ° 9 ... A ° 57, 18 APPROVED AND ACCEPTED BY THE UNITED CITY OF YORKVILLE, ILLINOIS, THE SOUTHWEST TH LINE • RAIL .► ,.,,, ,` _ CM` , OF N80 2 HEREBY 5 �• 18 CORNER OF LOT 1 - ,.�, _ 1 '42 „ 140 1 GRANTED `"� C8' S80 2 ? ' SO4 44 24 W THIS ________ DAY OF , 2013. MCDONALD SUBDIVISION °- , " ° "`~ -► ... Z0 "E , „ ROUT --... '` U S E 34 PER CASE"t~--... 10 . 03 ' MAYOR THE SOUTH LINE OF 2011 ED24 LOT 7 MCDONALD S P . O . B . ATTEST: ...... UBDt \/'SION _ THE NORTHEAST CORNER CITY CLERK ---_-�--- R - 11400. 10' OF THE LAND TAKEN IN A= 58. 07 CONDEMNATION CASE CH = 58 . 07' NO. 2011ED24 '- CB = N80'21 ' 27" W PAPJ< WA ABBREVIATIONS RECORDER CERTIFICATE SURVEYOR' S STATEMENT STATE OF ILLINOIS ) THIS PLAT WAS PREPARED UNDER MY DIRECT SUPERVISION FROM EXISTING (R) = RECORD BEARING OR DISTANCE COUNTY KENDALL ) S5 RECORDS, MAPS AND PLATS (M ) = MEASURED BEARING OR DISTANCE COMPASS SURVEYING LTD (D) = DEED BEARING OR DISTANCE THIS INSTRUMENT NO. _ _ _�__ _ _ _____ WAS FILED FOR RECORD IN PROFESSIONAL DESIGN FIRM A = ARC LENGTH THE LAND SURVEYOR CORPORATION NO. 184- 002778 P�: • Nps ICENSE EXPIR 4/30/2015 G R = RADIUS RECORDER ' S OFFICE OF KENDALL COUNTY, ILLINOIS ON THE ___ f'?.' DANIEL W. '.�� 'a. ; WALTER ;sn CH = CHORD T T © : 35_3585 ;-< CB - CHORD BEARING LINE LEGEND DAY OF ___________ ____ __ , , AT ___ _ _ .___�_ BY: -_ - _________________ _ DATE: ate.: AURORA, -- -- -- LIMITS OF EASEMENT O CLOCK __._. M . , �T o•,, y ' DANIEL . WALTER ILLINOIS ' HEREBY GRANTED ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3585 >,q�,• • p"` AND RECORDED IN --_--___ _ . LICENSE EXPIRES: 11 /30/2014 •OF• 11. ADJACENT LAND PARCEL LINE — -- -- --- EASEMENT LINE - CENTERLINE ( COUNTY RECORDER ) -- BUILDING SETBACK LINE --- - - SECTION LINE G: \Psdcta\2013 Pro 'ects 13.0261 13.0261 ...PLAT OF EASEMENT.dw PROJECT DATE: 10-17-13 PC N/A DRAWN BY AH CHECKED BY DW BOOK N/A PG N/A yt O L , MCDONA:LD S - LC# 12-0314 3 W. Veterans Parkwa NO. REVISIONS DATE BY LETTER DATED 1O 2 13 .10T36/1.3., MRA` 4 m SURVEYING LT D 1 �� .� R ti s . . , Yorkville Illinois ALTA SURVEYS TOPOGRAPHY CONSTRUCTION STAKING CLIEN T T G7 n ' r , t3 2631 GINGER WOODS PARKWAY STE. 100 MCDONALD S CORPORATION Know wnat"s below. �.. AURORA, IL 60502 • 42 3 O Winfield Road 4 11 fr ud� PHONE. 630 820 9100 FAX. 630 820"7030 . l Ca before e yo g Emil I� � � � Warrenv�lle, Illinois 60555 Reviewed By: Agenda Item Number .'ya �► Legal 1-1 NB #3 Finance ■ EST ''� - 1836 Engineer ■ City Administrator ■ Tracking Number GHuman Resources ❑ Community Development ❑ PW 2013-59 y� Police ❑ ALE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: MFT Resolution for Route 47 expenses Meeting and Date: Public Works, December 17, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:OOam to 4:30pm at 630-553-4350,email us at azendas(a yorkville.il.us,post at www.facehook.com/C`ityofYorkville tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/zov oEicials.php ♦��D cl i Memorandum To: Public Works Committee EST 1 ism From: Bart Olson, City Administrator cL �--:7- � cc: Date: December 9, 2013 � L ;y�,� Subject: MFT Resolution LE Summary Approval of an MFT resolution for Route 47 expenses. Background The breakdown of Route 47 MFT-related expenses from IDOT is attached. In order to properly pay these expenses out of the MFT fund, IDOT requires an MFT resolution to be approved. The draft MFT resolution is attached. Although inconsequential to the MFT resolution, it should be noted that this current IDOT estimate of MFT expenses is less than the original IDOT estimate. The total cost of the Route 47 project is still expected to be $3,377,000. The original estimate for MFT-eligible expenses was $1,219,000 and the current estimate is $814,000. We do not need to address this in the FY 14 budget, but we will need to change our allocations across the various Route 47 line-items in FY 15. Recommendation Staff recommends approval of the MFT resolution for Route 47 expenses. Illinois Department Resolution for Improvement by Municipality Under the Illinois of Transportation Highway Code BE IT RESOLVED, by the 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 Bridge Street IL 47 Fountainview Drive Kennedy Road BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of new sidewalk, addition of new roadway lighting, updating traffic signals at Fountain View Drive, Fox Street, Van Emmon Street, Somonauk Street, Landmark Avenue, Country Side Parkway, Center Parkway, installing pre-emption units at 9 intersections, and Somonauk Street reconstruction. and shall be constructed 55-99' wide and be designated as Section 13-00045-00-TL 2. That there is hereby appropriated the (additional ID Yes O No) sum of eight hundred fifteen thousand---------- ---------------------------------------------------------------------- Dollars ( $815,000.00 )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. Approved I, Beth Warren 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 Council Council or President and Board of Trustees Department of Transportation at a meeting on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City,Town,or Village Clerk Printed 12/11/2013 BLR 09111 (Rev. 11/06) Reviewed By: Agenda Item Number Legal 1-1 NIB #4 Finance ❑ EST ''� - 1836 Engineer 0 City Administrator El Tracking Number GHuman Resources ❑ Community Development ❑ PW 2013-60 y� Police ❑ ALE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Safe Routes to School - Call for Projects Meeting and Date: PW Committee—December 17, 2013 Synopsis: Consideration of Application Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at azendas(a yorkville.il.us,post at www.facehook.com/C`ityofYorkville tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/zov oEicials.php clT y Memorandum To: Bart Olson, City Administrator sr. 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Rp+.L/StV �LLE ►�� Lisa Pickering, Deputy City Clerk Date: December 11, 2013 Subject: Safe Routes to School (SRTS)—Call for Projects Background: The Illinois Department of Transportation (IDOT) recently announced a call for projects in accordance with the attached document. The program is in place to fund projects that enhance safe walking and bicycling to school for elementary and middle school age children. If you may recall, earlier this year the City completed the construction of SRTS project with funds received from the last project cycle (2010). Ouestion Presented: Should the City submit an application for the 2013 - 2014 Call for Projects for an Infrastructure Project? Discussion: To stay within the project budget for the 2010 SRTS project, several sections of sidewalk were dropped or deleted from the project. Staff is recommending that an application for the current funding cycle be made to complete the remaining sections of sidewalk from the 2010 application. Please refer to the attached location map exhibit. The current program has a cap on Federal funding at $160,000 per project, with a required local match of 20%. We are estimating a total cost of$208,000 ($160,000 Federal, $48,000 local) to complete the sidewalk noted in the location map exhibit. A detailed cost estimate is attached. The applications are due to IDOT no later than January 31, 2014. Action Required: Consideration of authorization to submit application for 2013-2014 SRTS Call for Projects. Illinois Department of Transportation 2300 South Dirksen Parkway/ Springfield, Illinois / 62764 October 31, 2013 2013 — 2014 SAFE ROUTES TO SCHOOL COUNTY ENGINEERS/SUPERINTENDENTS OF HIGHWAYS ILLINOIS STATE BOARD OF EDUCATION MUNICIPAL ENGINEERS/PUBLIC WORKS DIRECTORS The Illinois Department of Transportation (IDOT) Bureau of Safety Engineering is responsible for oversight and implementation of the Safe Routes to School Program (SRTS). To continue to enhance safe walking and bicycling to school for elementary and middle school age children, the Department is pleased to announce a new Safe Routes to School (SRTS) application cycle for 2013 —2014 using funding set aside from the Transportation Alternatives Program (TAP) established under Section 1122 of federal reauthorization MAP-21. We are requesting candidate projects for the SRTS application cycle that will be initiated for FY 2014 and FY 2015 and provide for a program of approximately $6 million. Please see below for critical information, dates, and application information. FUNDING The SRTS program is a federal-aid funding program with the goal of enabling and encouraging children to walk and bicycle to school, making bicycling and walking to school a safer and more appealing transportation alternative, and facilitating the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of elementary and middle schools. With MAP-21, the SRTS program was consolidated under the newly authorized TAP. With that consolidation, requirements for funding eligibility, federal share and matching funds changed. Both infrastructure and non-infrastructure projects funded under MAP-21 TAP are reimbursable, will provide only 80% federal funds, and will require a 20% local match. The anticipated federal funding level for SRTS in FY 2014 —FY 2015 is approximately $6 million. Of the SRTS funding, $5 million will be allocated for infrastructure improvements. The remaining $1 million will be used for non- infrastructure projects Because of limited SRTS funding, infrastructure projects will be capped at $200,000 including the 20% match and non- infrastructure 2013 —2014 SAFE ROUTES TO SCHOOL Page Two October 31, 2013 projects will be capped at $30,000, including the 20% local match. Applications for each project type, infrastructure and non-infrastructure, will be available for download on our website. Completed applications will be accepted until the deadline of January 31, 2014, at which time all applications are due. The funding guidelines for the 2013/2014 planning and application are: Infrastructure Projects: Infrastructure-related projects include the planning, design, and construction of infrastructure-related items within 2 miles of a school (K-8)that will substantially improve the ability of students to walk and bicycle to school (K-8) $200,000 funding limit for the application and associated infrastructure project with a maximum $160,000 SRTS funding (80%) and $40,000 local match (20%) funding. $2,000 minimum funding per individual project. Non-infrastructure Projects: Non-infrastructure-related projects are intended to address activities to encourage walking and bicycling to school (grades k-8), including public awareness campaigns, traffic education and enforcement within 2 miles of a school(s), and student sessions on bicycle and pedestrian safety, health and environment. $30,000 funding limit for the application and associated non-infrastructure project, with maximum $24,000 SRTS funding (80%) and $6,000 local match (20%) funding. $2,000 minimum funding per individual project. APPLICATION PROCESS Applications will not be submitted online as in the last funding cycle. Separate applications will be required for infrastructure and non-infrastructure related projects. These two separate applications can be downloaded from our website, www.dot.il.gov/saferoutes/saferouteshome.aspx. After completion they are to be submitted to DOT.SafeRoutesailliinois.gov along with required supporting documents. 2013 — 2014 SAFE ROUTES TO SCHOOL Page Three October 31, 2013 Key items of note are. • A travel plan will not be required. • Municipality, county, township or park districts are eligible to sponsor MPO's and nonprofit organizations are not eligible. School districts are eligible to sponsor non-infrastructure related projects. • All projects must be within 2 miles of a public or private school that houses any combination of students in grades K-8. All phases of a SRTS infrastructure project are eligible for this program, including preliminary engineering, land acquisition, construction and construction engineering (10% maximum). Information regarding local matching funds, or additional funds that will be used to fund the overall project should also be provided in the application. This will allow the department to effectively program SRTS funds and maximize the selection of SRTS projects. If a project is selected for funding, the notification letter will indicate for which fiscal year the project has been approved. Local agencies are expected to have these funds obligated within 1 year of the appropriate fiscal year. We encourage the local agency and the school district to coordinate efforts towards the completion of the application(s). Questions should be directed to the Bureau of Safety Engineering at 217-782-3568 or by email at DOT.SafeRoutes(aD-illinois.gov. Local agencies will be notified of their selection by the department Sincerely, Priscilla A. Tobias, P.E. State Safety Engineer cc: Greg Piland, FHWA William R. Frey Aaron Weatherholt J � s R *,ver ox nn r raul e C:::- Hydrauli c i o a a • o a co, noun�,- M I a� m er C own r 0 r� s p Q o nda St er St B a In t Q 0 200 400 Feet A. Legend Existing Sidewalks 2010 Safe Routes to School Project i Proposed Safe Routes to School Project DATE: Engineering Enterprises, Inc. United City of Yorkville DECEMBER 2013 SAFE ROUTES LOCATION MAP CONSULTING ENGINEERS 800 Game Farm Road PROJECT NO.: Y01348 TO SCHOOL 52 Wheeler Road Yorkville, IL 60560 Sugar Grove, Illinois 60554 (630) 553-4350 PATH: UNITED CITY OF YORKVILLE (630) 466-6700/ www.eeiweb.con http://www.yorkville.il.us H:/GIS/PUBLIC/YORKVILLE/2013/Y01348/ FILE: N O R T H NO. DATE REVISIONS Y01348 LOCATION.MXD KENDALL COUNTY, ILLINOIS UNITED CITY OF YORKVILLE SAFE ROUTES TO SCHOOL PRELIMINARY PROGRAM COST November 27, 2013 Safe Routes to Local Funding School Funding (_20%)* Total (-80%)* Phase 1 Engineering (7% of $ 8,960.00 $ 2,240.00 $ 11,200.00 Construction Cost) Phase 2 Engineering (8% of Construction Cost) $ 10,240.00 $ 2,560.00 $ 12,800.00 Engineer's Opinion of Probable $ 121,600.00 $ 38,400.00 $ 160,000.00 Construction Cost Construction Engineering (15% of $ 19,200.00 $ 4,800.00 $ 24,000.00 Construction Cost) Local $ 160,000.00 $ 48,000.00 $ 208,000.00 * SRTS funding limited to 160,000 A. Co. Reviewed By: Agenda Item Number a Legal ❑ NB #5 Finance ❑ EST. 1836 Engineer ~�= City Administrator ❑ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ PW 2013-61 Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Kendall Crossing Meeting and Date: PW Committee—December 17, 2013 Synopsis: Acceptance and Security Reduction Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at agendas(a),yorkville.il.us,post at www..facebook.com/CityofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at htip://www;vorkville.il.us/gov officials." D cr 0 Memorandum EST tags To: Bart Olson, City Administrator r! pp From: Brad Sanderson, EEI Q i,I .w �. CC: Eric Dhuse, Director of Public Works V-44`` '8 Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: December 6, 2013 Subject: Kendall Crossing Acceptance and Security Reduction Mr. Jim Ratos has verbally requested that the City accept the public improvements for the Kendall Crossing Development for ownership and maintenance. In addition, he is requesting the balance of his security($278,115.45)be released. At this time all work related to the public improvements, including punch list work has been completed with the exception of the submittal of the record drawings. A separate security deposit has been filed by Mr. Ratos to cover costs of the record drawing completion. Attached is the draft Bill of Sale for the development. We recommend that the public improvements for watermain, sanitary sewer, storm sewer and signage as described in the Bill of Sale be accepted for ownership and maintenance by the City. Typically with final acceptance, a performance guarantee (cash, LOC or bond) equal to 10% of the original security value is to be on file with the City Clerk. Mr. Ratos has agreed to provide this security in the amount of$51,512.50 (10% of original value). Upon approval by the City Council and the receipt of the new security($51,512.20)and the executed Bill of Sale,the balance of the existing security($278,115.45) may be released. Please place this item on the Public Works Committee agenda of December 17, 2013 for consideration. BILL OF SALE Seller, , in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development know as Kendall Crossing PUD, and generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right,power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at this day of 20 . Subscribed and Sworn to before me this day of . 20 . Notary Public 1 EXHIBIT A KENDALL CROSSING PUD UNITED CITY OF YORKVILLE UTILITIES UNIT QUANTITY 48" RCP STORM SEWER PIPE FOOT 216 7' TYPE B MANHOLE (STORM EACH 1 8' TYPE B MANHOLE STORM EACH 2 8" C-900 SANITARY PIPE FOOT 110 4' TYPE A MANHOLE (SANITARY) EACH 1 6" DUCTILE IRON PIPE WATER LINE FOOT 602 8" DUCTILE IRON PIPE WATER LINE FOOT 1380 12" DUCTILE IRON PIPE WATER LINE FOOT 681 4" WATER VALVES & BOX EACH 1 6" WATER VALVES & BOX EACH 4 8" WATER VALVES & BOX EACH 3 12" WATER VALVES & VALVE VAULT EACH 4 FIRE HYDRANT ASSEMBLY W/AUX VALVE EACH 7 ALTERNATE 1 WATER MAIN 6" DUCTILE IRON PIPE WATER LINE LF 93 12" DUCTILE IRON PIPE WATER LINE LF 629 6" WATER VALVES & BOX EA 2 FIRE HYDRANT ASSEMBLY W/AUX VALVE EA 1 SIGNS WIPOST STOP EACH 10 LANE-USE CONTROL STRIGHT/RIGHT & LEFT TURN ARROW) EACH 10 NO PARKING ANY TIME EACH 6 YIELD TO PEDESTRIAN CROSSWALK EACH 4 STREET EACH 3 CENTER MEDIAN EACH 2 $ptip(F(JJ o � x m p m__ I W En z or 4 LOT s for. a� l- P PARKWAY Lor,z couNTays�oE IL v, O o zz car. N J Lm' O / � w / JJ> Y LM l� �.w•+� Q o Y LOT. .ens. .�..,.�. w o: LOT iLLT Z� o w o 0 Z J w J o Z US ROUiE w 34 � NE7ERANS PARKVyAY) O � O z 0 0 U U J LU J W Q F o 2 w 7 Y ri yS EL n lu - W i C w = �FaoB O m `o W Sm� A. Co. Reviewed By: Agenda Item Number 440 Legal ■ NB #6 Finance ❑ EST. 1836 Engineer ■ ~� City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ PW 2013-62 Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Subdivision security code amendment Meeting and Date: Public Works, December 17, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at agendas(a),yorkville.il.us,post at www..facebook.com/CityofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at htip://www;vorkville.il.us/gov officials." Q Memorandum �` To: City Council Esr. 1836 From: Bart Olson, City Administrator Date: December 12, 2013 NcrAil Cc.city �� ALE ►�-�' Subject: LOC Reduction Policy Summary Consideration of an amendment to the City Code regarding approval of reductions in subdivision securities. Background This item was requested by Alderman Funkhouser at the November Administration Committee meeting. In light of the Blackberry Woods LOC reduction discussion, Alderman Funkhouser has asked us to consider amending our subdivision security reduction policy to move away from City Council approval to administrative approval. The section of City Code that addresses reductions in subdivision securities is attached. In general, any security that has an initial value above $1,000,000 must have reductions approved by City Council and any security that has an initial value less than $1,000,000 may be reduced through staff approval. The $1,000,000 threshold was added to City Code in 2009. Prior to that date, all reductions were approved by the City Council. The proposed amendment to the code would make all reductions in subdivision securities an administrative matter. The justification for the amendment is that act of verifying that work has been completed on a subdivision and the calculation of the value of the reduction requires a qualified engineer to complete. Once the engineer has done the calculation and made the recommendation, the City's position to deviate from that recommendation is weak. As a point of reference, the following communities responded to our various inquiries on subdivision securities: Oswego - All approved by Village Board North Aurora - All approved by Village Board Montgomery- All approved by Village Board Sugar Grove - All approved by Staff Elgin- All approved by Staff Recommendation Staff recommends that the City Code be amended to make all reductions in subdivision securities an administrative matter. Similar to how bill lists are presented on a City Council agenda as an administrative item, we would propose all subdivision security actions be listed on the City Council agenda under a staff report. If the committee accepts the recommendation, we will draft a formal code amendment for the January Public Works committee meeting. 12/11/13 Sterling Codifiers,Inc. 11 -5-2: SUBDIVISION SECURITIES: A. Construction Guarantee: In lieu of construction in section 11-5-1 of this chapter, the subdivider shall post with the city, a construction guarantee in the form of an irrevocable letter of credit or irrevocable performance bond, payable to the United City Of Yorkville, sufficient to cover the full cost, plus twenty percent (20%), of the required improvements, as estimated by the engineer employed by the subdivider and approved by the city engineer, to assure the satisfactory installation of required improvements as outlined in this chapter, and contained in the approved plans and specifications. A surety or bank recognized by the state of Illinois, and approved by the city attorney, shall issue the bond or letter of credit posted, and shall carry a rating sufficient to cover the cost of construction. The subdivider shall use the standard bond form or letter of credit form used by the city. Construction guarantee shall not be reduced to below twenty percent (20%) of the approved engineer's estimate prior to acceptance of the public improvements by the city. The construction guarantee shall not expire for at least one year. Subsequent renewals of the construction guarantee shall also be for a period of at least one year. B. Projects Nearing Two Years: Projects nearing two (2) years into construction will receive a status inquiry letter from the city engineer and require an updated public improvement completion (PIC) schedule. C. Projects Nearing Three Years: Projects nearing three (3) years into construction will receive a status inquiry letter from the city engineer with a punchlist of uncompleted improvements and will require an updated PIC schedule. D. Projects Nearing Four Years: Projects nearing four (4) years into construction will receive a status inquiry letter from the city engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and formal notification that the project will be in default if an extension is not requested and approved prior to the four (4) year construction deadline. E. Projects Over Four Years: Projects over four (4) years into construction will receive notification of default from the city engineer, at the city council direction, indicating that the letter of credit or performance bond is subject to a demand for call within sixty (60) days of the date of the notice should the developer not seek an extension for completion. F. Reduction Of Subdivision Securities: Final acceptance, approval of land improvements and corresponding reduction or release of letters of credit and/or performance bonds for wmw.sterlingcodifiers.com/codebooWindexphp?book id=415 1/2 12/11/13 Sterling Codifiers,Inc. developments whose initial letter of credit or performance bond amount is less than one million dollars ($1 ,000,000.00) shall be as follows: 1 . The city engineer shall issue a written recommendation including the basis for approving, denying or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the letter of credit or performance bond to the date of reduction. In order to calculate the inflation factor, the engineering news record construction cost index shall be used. The city engineer shall also determine the remaining amount of the letter of credit and/or performance bond after the reduction. 2. The city engineer's written recommendation shall be forwarded to the city administrator for approval. 3. Upon the city administrator's concurrence with the city engineer's recommendation, the reduction shall be deemed approved or denied and the city engineer is authorized to issue a letter to implement the decision. 4. In the event the city administrator does not concur with the city engineer's recommendation, the mayor shall have the final authority to approve or deny the city engineer's recommendation. 5. A developer may appeal the decision of the city administrator to the mayor, who shall review and make a final determination to affirm or reverse the city administrator's initial decision. 6. The city administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the mayor and city council that summarize letter of credit and/or performance bond reduction requests that have been received and actions taken pursuant to those requests. 7. Final acceptance, approval of land improvements and corresponding reduction or release of letters of credit and/or performance bonds for developments whose initial letter of credit or performance bond amount is more than one million dollars ($1 ,000,000.00) shall be approved by the city council. (Ord. 2012-27, 8-28-2012) wmw.sterlingcodifiers.com/codebooWindexphp?book id=415 2/2 A. Co. Reviewed By: Agenda Item Number 440 Legal ❑ NB #7 Finance ■ EST. 1836 Engineer ■ ~�= City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ PW 2013-63 Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: TAP Grant Application Meeting and Date: Public Works, December 17, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at agendas(a),yorkville.il.us,post at www..facebook.com/CityofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at htip://www;vorkville.il.us/gov officials." Q Memorandum �` To: Public Works Committee Esr. 1836 From: Bart Olson, City Administrator Date: December 12, 2013 NcrAil Cc.city ALE ►�-�' Subject: TAP Grant Summary Update on the 2014 KC-TAP Grant program. Background This item was last presented to the Public Works Committee in December 2012. At that time, the Committee was given an update by staff about the 2013 TAP grant program. The only project the City could undertake at that time was Route 47 sidewalk reimbursements, which Kendall County has deemed eligible for cost-sharing. Our application for the 2013 program was successful, and we approved an intergovernmental agreement in May 2013 for $5,000 in funding. Kendall County has indicated they would be willing to consider an application for each year of our payback on the Route 47 project, and encouraged us to resubmit for $5,000 in 2014. Applications are due by December 31st. City Council approval is not required due to the dollar amount of the grant and is not required as part of the grant approval process. Staff will submit an application to Kendall County prior to the deadline, unless directed otherwise. Recommendation This is an informational item. No City Council action is required. 71E j OTONDALL KENDALL COUNTY HIGHWAY DEPARTMENT FEBRUFRX19,1841 FRANCIS C . K L A A S C O U N T Y E N G I N E E R 6780 ROUTE 47 YORKVILLE,IL 60560 TEL 630/553-7616 FAX 630/553.9583 �OPyt CGG �^ liV Wf F u, w qY DE4 N KC-TAP KENDALL COUNTY TRANSPORTATION ALTERNATIVES PROGRAM Announcement of Availability of Funds 2014 Kendall County is excited to announce another round of funding availability in 2014 for the Transportation Alternatives Program. In 2013, Kendall County obligated$40,000 in TAP Funds for the completion of sidewalks and trails with our municipal and park district partners. It was the County's first venture into this Program, and we believe it was a good start. We are looking forward to more exciting projects in the future. For 2014,there is a total of$60,000 available in unobligated funding in this Program. If you have potential projects,please submit applications by December 31,2013 to be eligible for these funds. Remember,projects can only be funded up to 50%with TAP Funds; and total funding from the TAP fund is limited to $50,000 per project. Additionally,projects must be located along State or County Highways in Kendall County. Please see attached summary sheet for additional details. Additional information is available from the Kendall County Highway Department. Fran Klaas, Kendall County Engineer, administers the Program for the County. He can be reached at 630- 553-7616 or at fklaasna,co.kendall.il.us KC-TAP Kendall County Transportation Alternatives Program Introduction In an effort to encourage residents of Kendall County to use alternative modes of transportation, such as walking or riding bicycles, the County Board of Kendall County has developed a program to help fund construction of multi-use trails and sidewalks along State and County Highways. By constructing new, linear trails and sidewalks that connect businesses and residential developments, the Board hopes to reduce our reliance on fossil fuels, as well as promote the health and welfare of citizens of this County. Eli ibili Agencies eligible for assistance under this program are any unit of local government with statutory authority to provide lands or facilities for multi-use trails or sidewalk purposes. Projects must be located within the geographical boundaries of Kendall County, as well as located along a US Highway, State Highway, or County Highway. Only construction costs of trails and sidewalks are eligible for funding, including rehabilitation projects. Maintenance projects, such as sealing, patching, or crack filling, will not be considered. Projects must be part of the local government's long-range transportation plan, sidewalk plan, or multi-use trail plan, and must be consistent with the Kendall County's Regional Trail Plan. How the Program Works A Transportation Alternatives Program (TAP) Fund will be created and administered by Kendall County. $50,000 will be transferred annually from the Transportation Sales Tax Fund to the TAP Fund. These monies would accumulate over time and provide an opportunity for local governments to apply and receive up to a 50% match for trail and sidewalk projects along State or County Highways. Agencies may only submit one project for consideration each year, with a maximum limit of $50,000 TAP Funds per project. Applications must be submitted to Kendall County by a December 31 " deadline each year. The Kendall County Board will review and consider all submittals and will announce recipients of TAP Funds by April 1 st each year. Submittals Applications for funding shall include the following information: • Name, address, and contact person for the applicant. • Location map • Concept Plan Exhibit w/ Typical Section • Proof that the project is part of the local agency's long range plan • Construction timeline • Detailed cost estimate with breakdown of funding sources Specifications Projects in State Highway rights-of-way shall adhere to State and Federal requirements for multi- use paths and sidewalks, including, but not limited to, the latest edition of the Guide for the Development of Bicycle Facilities (AASHTO), the Standard Specifications for Road and Bridge Construction,(IDOT), and IDOT's Highway Standards. Projects in County rights-of-ways shall comply with all applicable County and/or Municipal specifications for multi-use path and sidewalk construction. All projects shall comply with the Americans with Disabilities Act (ADA). Application Review Applications shall be submitted to the Kendall County Engineer by the end of each calendar year. Only one application per local agency per year will be considered. Initial project review will be by the Highway Committee of the Kendall County Board. The Highway Committee will then make recommendation(s) to the Kendall County Board to award funds for certain projects. Selection of Proiects The Kendall County Board will ultimately decide which projects receive funding from the TAP Fund. Projects will be announced annually by April 15`. The Board will select projects that are most consistent with the goal to reduce motor vehicle trips on the County Highway Network by promoting alternative modes of transportation, such as walking and biking. The Board reserves the right to fund up to a maximum of 50% of the project, and up to a maximum of $50,000 of TAP Funds per project. Agreement Sponsoring agencies of selected projects will be required to enter into an intergovernmental agreement (IGA) with Kendall County as a prerequisite to receiving any TAP Funds. The IGA will require, among other things, that contractors and subcontractors additionally insure Kendall County during periods of construction of TAP projects; sponsoring agencies hold harmless Kendall County and indemnify the County for all facilities constructed with TAP Funds; and sponsoring agencies maintain constructed facilities for as long as the facilities exist. Construction of projects must begin within 24 months of selection by the Kendall County Board. If a project does not begin within 24 months, obligated monies will default back to the TAP Fund, and sponsoring agencies must reapply for funding, unless an extension is specifically granted by the Kendall County Board. Reimbursement The sponsoring agency must submit final project costs, along with the request for reimbursement with TAP Funds, to the Kendall County Engineer. Reimbursement requests cannot exceed the amount originally awarded (obligated) by the Kendall County Board. No cost overruns will be considered. Maintenance of Completed Proiects All iprojects funded or partially funded through the TAP Program shall be owned and maintained entirely and in perpetuity by the sponsoring agency (applicant). Even facilities constructed within County rights-of-way using TAP Funds shall be perpetually owned and maintained by the applicant or their agents, per agreement with Kendall County. Sponsoring agencies shall hold harmless and shall indemnify Kendall County in perpetuity for said facilities. i INTERGOVERNMENTAL AGREEMENT FOR KENDALL COUNTY TRANSPORTATION ALTERNATIVES PROGRAM ("KC-TAP") FUNDING TO THE UNITED CITY OF YORKVILLE TO CONSTRUCT MULTI-USE TRAILS AND SIDEWALKS ALONG ROUTE 47 IN YORKVILLE, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT ("the Agreement ") by and between I the County of Kendall, a unit of local government of the State of Illinois ("Kendall County") and the United City of Yorkville (the " Grantee"), a municipal corporation of the State of Illinois . WITNESSETH : i WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, I provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and ! I WHEREAS, the Grantee and Kendall County (the "parties") are units of local government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who I are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. ; and WHEREAS , the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq . , provides that any county may participate in an intergovernmental agreement under this Act notwithstanding the absence of specific authority under the State law to perform the service involved, provided I i that the unit of local government contracting with Kendall County has authority to perform the i service; and WHEREAS, pursuant to the Illinois Highway Code under 605 ILCS 5/9- 101 and 605 ILCS 5/4-409, the State, its municipalities and the counties may form cooperative agreements Page 1 of 13 I with each other for the construction, maintenance and improvement of streets, highways and any portions thereof; and WHEREAS, the Illinois Highway Code (605 ILCS 5/1 et seq .) and the Illinois Bikeway i Act (605 ILCS 30/1 et seq.) each encourage the funding and the creation of bicycle paths, multi- use trails and sidewalks along roadways within the State of Illinois; and I WHEREAS, on July 17, 2012, the Kendall County Board passed Resolution Number 12- 33 entitled "Resolution for the Creation of the Kendall County Transportation Alternatives i Program ("KC-TAP")", which authorizes Kendall County to provide financial assistance to qualified applicants for the grantee' s construction of multi-use trails and sidewalks in Kendall I County, Illinois; and WHEREAS, on or about December 19, 2012, Grantee submitted an application pursuant to the KC-TAP . Grantee ' s application sought financial assistance to construct multi-use trails i and sidewalks along Illinois Route 47 within Grantee ' s city limits . Grantee ' s construction project is identified in the attached Exhibit A and shall be referred to herein as "the Project"; and WHEREAS, the Kendall County Board approved Grantee ' s KC-TAP application for financial assistance on March 19, 2013 ; and j WHEREAS, the parties wish to enter into this agreement for the benefit of local pedestrians and bicyclists and to provide a safe and efficient pathway for the residents of the United City of Yorkville and Kendall County; and WHEREAS , pursuant to the terms of this agreement, Kendall County will grant money to Grantee to partially fund the building of multi-use trails and/or sidewalks as described in the Grantee ' s application for funds, and the Intergovernmental Agreement between Grantee and the Page 2 of 13 i i i i Illinois Department of Transportation, which is attached to this agreement as Exhibit A and incorporated by reference; and WHEREAS , it is understood that in no case shall Kendall County provide more than i 50% of the funding for any approved project and a local government agency cannot obtain more than $ 50,000 in KC-TAP Funds per fiscal year; and WHEREAS , it is the understanding of the . parties that at all times, including after j completion of the project, Grantee alone will own, construct, maintain, repair and/or replace the subject improvements, and that Kendall County will have no duties to construct, maintain, repair I and/or replace the subject improvements at any time in the future. i NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows : 1 . The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this paragraph 1 ; i 2 . Kendall County' s Obligations : i a. Kendall County agrees to grant $ 5 ,000 . 00 in Fiscal Year 2013 (December 1 , 2012 to November 30, 2013) to Grantee for the purpose of partially funding construction of the Project; b . The final amount of the Grant, which shall not exceed $ 5 , 000 . 00, will be determined at the time the Grantee submits its final request for reimbursement for i the Project; C, The final Grant amount shall not exceed 50% of the funding for said Project. Should the submitted reimbursement request constitute an amount above 50% of Page 3 of 13 the Project' s costs, then the County shall, in its sole discretion, choose to reimburse an amount below $5 , 000 . 00 and equal to 50% of the Project' s costs; d. Kendall County shall disburse the Grant funds under this agreement within sixty (60) days of the submission of Grantee' s final request for reimbursement and the I i necessary supporting documentation supporting the request; e. Kendall County shall have no ownership interest in the Project and/or the subject i improvements under this agreement, nor shall it have any obligations beyond the i granting and disbursement of KC-TAP grant funds as described herein. 3 . Grantee ' s Obligations : a. Grantee understands and agrees that only qualified units of local government within Kendall County who have statutory authority to provide lands or facilities for multi-use trails or sidewalk purposes are eligible for assistance under the KC- TAP program and eligible projects must be located within the geographical boundaries of Kendall County, as well as located along a State or County i Highway and Grantee herein assures Kendall County that it and its Project qualifies for funding pursuant to this understanding and pursuant to all other terms of the KC-TAP as set forth in Kendall County Resolution Number 12- 33 and i Grantee ' s application ; b . Grantee shall use the funds set forth in this Agreement to construct the Project at the locations and pursuant to the specifications as set forth in the attached Exhibit i A and in conformance with all plans and designs previously supplied by Grantee as part of the KC-TAP application process . Grantee understands and agrees that the funds provided by Kendall County pursuant to this Agreement shall not be i Page 4 of 13 i i I i used for any other purpose including, but not limited to, future maintenance of the multi-use trails or sidewalks (e. g. , sealing, patching or crack filling) . In the event that Grantee uses the funds for an improper purpose, Grantee shall immediately reimburse Kendall County the full amount of funds provided to Grantee under this i Agreement; I c. At all times, the Project, and all of its resulting improvements, shall be the exclusive property of Grantee, who shall exercise complete control, responsibility and ownership of said property. At no time shall Kendall County be deemed to i have adopted said Project or its resulting improvements or the responsibility for the ownership, construction, maintenance, care, and demolition of the i improvements that are subject to the Project and this Agreement; d. Grantee and its consultants, employees, contractors, subcontractors and agents I agree to comply with the following state and federal laws and Grantee shall ensure that all of their contracts include provisions incorporating the following: I i . The Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq. Grantee agrees I to (a) fully comply with all applicable requirements of the Prevailing Wage Act and (b) notify all contractors and subcontractors that the work performed pursuant to this Agreement shall be subject to the Illinois i Prevailing Wage Act. In the event that Grantee fails to comply with the notice requirements set forth in the Illinois Prevailing Wage Act, Grantee shall be solely responsible for any and all penalties, fines and I i liabilities incurred for Grantee ' s, contractors ' and/or subcontractors ' violations of the Prevailing Wage Act. Page 5 of 13 I I i I I ii . The Employment of Illinois Workers on Public Works Act, 30 ILCS i 570/0 . 01 et seq. ("Employment Act") . iii . The Substance Abuse Prevention on Public Works Act, 820 ILCS 265/ 1 et seq . and the Illinois Drug Free Workplace Act, 30 ILCS 580/ 1 et seq. i iv. The Illinois Public Construction Bond Act, 30 ILCS 550/1 et seq. V, The Illinois Human Rights Act, Title VI of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act, Section 504 of the Federal Rehabilitation Act, and all applicable rules and regulations. e. Grantee shall ensure that Grantee and each contractor and/or subcontractor i performing work on the Project shall obtain and continue in force during the teen of the Project, all insurance necessary and appropriate and that each contractor and/or subcontractor contracted with to perform work on the Project shall name i Kendall County as an Additional Insured on a Primary and Non-Contributoiy i I basis with respect to the general liability, business auto liability and excess liability insurance, as well as a waiver of subrogation with respect to the general liability and workers ' compensation in favor of Kendall County. Further, Grantee shall require each contractor and/or subcontractor to provide indemnification and hold harmless guarantees to Kendall County during the construction of this Project; f. Grantee shall comply with all competitive bidding and selection requirements necessary for construction and completion of the Project pursuant to applicable i state and federal laws . Grantee shall obtain certifications from all contractors and Page 6 of 13 i i subcontractors who perform work on the Project, which certify the contractors i and subcontractors are not barred from performing the work as a result of a I violation of either 720 ILCS 5/33E-3 or 5/33E-4 (bid rigging or bid rotating) or as j a result of a violation of 820 ILCS 130/1 et seq. (the Illinois Prevailing Wage i Act) ; g. It is agreed by the Grantee that the maintenance, both physical and financial of the Project and its resulting improvements will be the responsibility of Grantee, and i Grantee alone. Further, Grantee shall be responsible for any future repair or replacement deemed necessary for the Project and its resulting improvements (notwithstanding any agreements with third-parties in this regard) . Nothing in this i Agreement shall be construed as to create a duty or responsibility on behalf of Kendall County to finance, maintain, repair, replace, or otherwise control the subject improvements; h. During, and following completion of the Project, Grantee shall defend, with i counsel of Kendall County' s own choosing, indemnify and hold harmless Kendall County, including Kendall County' s past, present and future board members, elected officials, insurers, employees, and agents from and against any and all claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and costs relating thereto, including but not limited to attorneys ' fees and other legal expenses, which Kendall County, its past, present and future board members, elected officials, insurers, employees, and/or agents may hereafter sustain, incur or be required to pay relating to, or arising in any manner out of the use, i ownership, construction, maintenance, repair, replacement and/or condition of the Page 7 of 13 i i subject facilities built during this Project, or claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and costs relating to and arising in any manner out of Grantee and Grantee' s Contractors and Subcontractors I construction of this Project or Grantee ' s alleged failure to perform its obligations i pursuant to this Agreement. Any attorney representing Kendall County shall be approved by the Kendall County State ' s Attorney and shall be appointed a Special Assistant State' s Attorney, as provided in 55 ILC 5/3 -9005 . Kendall County' s participation in its defense shall not remove Grantee ' s duty to indemnify, defend and hold Kendall County harmless, as set forth above; i . Grantee understands and agrees that construction of the Project must begin within 24 months of signature of this Agreement by the Kendall County Board. If the t r subject project does not begin construction within 24 months, Grantee will be in default of this Agreement and at that time the Agreement, as well as any obligations of Kendall County, shall immediately cease and be considered null and void with no further obligation upon Kendall County to provide the Grant funding as described above; i j . Grantee understands that Construction of the Project must be completed and a request for reimbursement must be submitted to the County within 60 months after the signature of this Agreement. If Grantee is unable to complete the Project i and seek reimbursement within that time, Grantee will be in default of this Agreement and at that time the Agreement, as well as any obligations by Kendall County, shall immediately cease and be considered null and void with no further obligation upon Kendall County to provide the Grant funding as described above; Page 8 of 13 I j k. If Grantee is unable to begin construction of the Project within 24 months after the parties ' execution of this Agreement, or is unable to complete the Project and request reimbursement within 60 months after the parties ' execution of this . I agreement, Grantee may submit a request in writing to Kendall County requesting an extension of time to commence or complete the construction, as the case may be. Grantee must file its request for an extension of time with Kendall County on or prior to . expiration of the 24 month period in the case of it beginning i construction or on or prior to expiration of the 60 month period in the case of I completing construction and seeking reimbursement. Kendall County retains sole discretion whether to approve Grantee' s request for an extension of time; i 1. Grantee understands and agrees that prior to Kendall County disbursing the above listed KC-TAP funds as described herein, Grantee must submit final project costs, I along with a written request for reimbursement to the Kendall County Engineer or i his designee, who shall then determine the appropriateness of the costs and expenses claimed and determine if all obligations have been met prior to approving the disbursement of Grant funds . If requested by Kendall County, the Grantee must also submit any and all further documentation to verify completion of the Project, the costs incurred by Grantee and Grantee' s compliance with the terms of this Agreement; m. Grantee understands and agrees that it shall submit its request for reimbursement i to the County within the same fiscal year that the Project is completed. Failure to i timely request reimbursement as outlined in this Agreement will result in Grantee being in default of this Agreement and at that time the Agreement, as well as any Page 9 of 13 i I i i obligations by Kendall County, shall immediately cease and be considered null I and void with no further obligation upon Kendall County to provide the Grant i funding as described above; n. Grantee understands and agrees that reimbursement requests cannot exceed the amount originally awarded by the Kendall County Board and described in Section I 2(a); o . Grantee understands and agrees that under no circumstances shall cost overruns be considered nor shall KC-TAP Funds under this Agreement be advanced to the I Grantee prior to project completion and submission of a request for reimbursement. 4. It is mutually agreed by Kendall County and Grantee that at no time shall Kendall County be inferred to, or obligated to, have a duty to provide insurance for the subject improvements or otherwise indemnify and hold harmless Grantee in connection with the use, enjoyment, ownership, maintenance, construction, repair or replacement of the Project improvements and any property where the Project has been completed; 5 . This Agreement and the rights of the parties hereunder may not be assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto . Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements; 6 . Any notice required or permitted to be given pursuant to this Agreement shall be duly i given if sent by fax, certified mail, or courier service and received. As such, all notices Page 10 of 13 i required or permitted hereunder shall be in writing and may be given by either (a) I depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in I i person, or (c) telecopying the same with electronic confirmation of receipt. If to the County: County Engineer Kendall County Highway Department 6780 Route 47 Yorkville, Illinois 60560 i With copy to : Kendall County State ' s Attorney 807 John Street, Yorkville, Illinois, 60560 If to the Grantee: City Administrator United City of Yorkville 800 . Game Farm Road Yorkville, Illinois 60560 Or such address or counsel as any party hereto shall specify in writing pursuant to this I i Section from time to time; 7 . This Agreement shall be interpreted and enforced under the laws of the State of Illinois . Any legal proceeding related to enforcement of this Agreement shall be brought in the i Circuit Court of Kendall County, Illinois . In case any provision of this Agreement shall I be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, legality, and enforceability of the Page 11 of 13 i i remaining provisions of this Agreement shall not in any way be affected or impaired thereby; 8 . This Agreement may be executed in counterparts (including facsimile signatures), each of which shall be deemed to be an original and both of which shall constitute one and the i same Agreement; 9 , This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. Except as stated herein, this agreement supersedes any other prior written or oral agreements between the parties and may not be further modified except in writing acknowledged by i both parties; 10 . Nothing contained in this Agreement, nor any act of Kendall County or the Grantee pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or by thud persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving the County and the Grantee; i 11 . This Agreement shall be in full force and effect upon signature by both parties and will i terminate upon either (a) payout by the County of Grant funds as described herein, or (b) default by Grantee, whichever occurs first. However, the duty to defend and indemnify shall survive the term of this agreement; i i 12 . In the event Kendall County is in default under the Agreement because funds are not i appropriated for a fiscal period subsequent to the one in which the Agreement was entered into which are sufficient to satisfy all or part of the County' s obligations under this Agreement during said fiscal period, the County agrees to provide prompt written Page 12 of 13 notice of said occurrence to Grantee. In the event of a default due to non-appropriation of funds, Grantee has the right to terminate the Agreement upon providing thirty (30) days written notice to Kendall County. No additional payments, penalties and/or early I termination charges shall be required upon termination of the Agreement; I i 13 . Kendall County and Grantee each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to I execute this Agreement. i IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers on the above date. i County of Kendall, a unit of local government United City of Yorkville, Kendall County, of the State of Il ois Illinois, a municipal corporation B y: y:B Ch enda Cou oard Mayor i Date : C Date: Id � I13 Attest: Attest: labI County Cleric Upu-f y City Clerk I I Page 13 of 13 i A. Co. Reviewed By: Agenda Item Number `u 0 40 Legal ❑ OB #1 Finance ❑ EST. 1836 Engineer ■ ~�= City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ PW 2013-43 Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Caledonia—Letter of Credit Call and Subdivision Completion Update Meeting and Date: Public Works Committee—December 17, 2013 Synopsis: Punchlist Status Update Council Action Previously Taken: Date of Action: PW 11/19/13 Action Taken: Public Works tabled to December meeting. Item Number: PW 2013-43 Type of Vote Required: N/A Council Action Requested: Discussion Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at agendas(d),yorkville.il.us,post at www..facebook.com/CityofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://www;vorkville.il.us/gov officials. CEl d Memorandum esr -� _ _— 1836 To: Bart Olson, City Administrator OFrom: Brad Sanderson, EEI W C7 CC: Eric Dhuse, Director of Public Works �LEcow�`2 Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: December 6, 2013 Subject: Caledonia Subdivision This memo is to provide a brief update as to the status of the completion of the punchlist items by the developer. Currently progress is being made; we are estimating that 40% of the underground punchlist items have been completed. In addition, several debris piles and the damaged silt fence have been removed from the site. As previously noted, the developer will not be addressing any concrete or asphalt work until spring 2014. At this time, we are recommending not to call the letter of credit. We also recommend that we revisit the status in May 2014. If you have any questions, please let us know.