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City Council Packet 2014 01-28-14 C�r� United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 o co Telephone: 630-553-4350 Fax: 630-553-7575 Nengaoi C°uN hZCE '►rye AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday,January 28, 2014 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Carlo Colosimo Jackie Milschewski Chris Funkhouser Rose Ann Spears Ken Koch Larry Kot Joel Frieders Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: 1. PW 2014-01 Route 71 Sanitary Sewer and Water Main Replacement—Engineering Agreement between the United City of Yorkville and Engineering Enterprises, Inc. - authorize the Mayor and City Clerk to execute 2. PW 2014-02 Windett Ridge—Plat of Easement- authorize the City Clerk, City Administrator, and City Engineer to execute 3. PW 2014-03 Autumn Creek Units IA Resubdivision,Unit 113,Unit 213, and Unit 2 Acceptance - accept the public improvements for watermain, sanitary sewer, storm sewer,paving, sidewalk, street lighting and parkway trees as described in the Bills of Sale for ownership and maintenance by the City and authorize a reduction to Bond Safeguard Bond#5040207 in the amount of$12,482.00 and further authorize a release of Bond Safeguard Bond#5040207 upon receipt of a maintenance bond in the amount of$26,423.71; authorize a reduction to Liberty Mutual Bond#268003243 in the amount of$98,953.02 and further authorize the release of Liberty Mutual Bond#268003243 upon receipt of a maintenance bond in the amount of$10,994.78; authorize a reduction to Liberty Mutual Bond#268002119 in the amount of$109,700.62 and further authorize the release of Liberty Mutual Bond#268002119 upon receipt of a maintenance bond in the amount of$28,864.11; authorize a reduction to SafeCo Bond#6414740 in the amount of$184,524.58 and further authorize the release of SafeCo Bond#6414740 upon receipt of a maintenance bond in the amount of$132,779.26; authorize a reduction to Bond Safeguard Bond#5030622 in the amount of$166,175.10 and further authorize the release of Bond Safeguard Bond#5030622 upon receipt of a maintenance bond in the amount of$155,025.28; all subject to verification that the developer has no outstanding debt owed to the City for this project City Council Agenda January 28, 2014 Page 2 4. PW 2014-05 2013 Road to Better Roads Program a. MFT Funds—Change Order No. I - authorize the Mayor to execute b. Non-MFT Funds—Change Order No. 1 - authorize the Mayor to execute 5. PW 2013-62 Subdivision Securities—Reduction Policy- direct the Plan Commission to conduct a public hearing regarding a proposed amendment to Title 11, Chapter S, regarding the Reduction of Subdivision Securities Minutes for Approval: 1. CC 2014-04 Minutes of the Regular City Council—January 14, 2014 Bills for Payment(Informational): $1,086,744.76 Mayor's Report: 1. CC 2014-03 Ordinance Disconnecting Certain Territory from the Boundaries of the United City of Yorkville (Hoover Forest Preserve) 2. CC 2014-05 Appointment of Freedom of Information Officer—Amber Rasmusson 3. CC 2014-06 BUILD Permit Program Public Works Committee Report: 1. PW 2014-06 Road to Better Roads 5-Year Plan Update Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: 1. CC 2014-07 NIMEC Bid for Electric Accounts 2. CC 2014-08 Resolution Approving a Commercial Card Agreement with First National Bank of Omaha and Authorize Officials Who May Issue Credit Cards Park Board: Plan Commission: Zoning Board of Appeals: City Council Report: City Clerk's Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: 1. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. City Council Agenda January 28, 2014 Page 3 Executive Session (cont'd): 2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Citizen Comments: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES _ADMINISTRATION:February_20, 2014-6:30 p.m._-City Hall Conference-Rooiu ------------------------------------------------- --------------------------- --------- --------- --------- Committee Departments Liaisons Chairman: Alderman Spears Finance Library Vice-Chairman: Alderman Milschewski Administration Committee: Alderman Funkhouser Committee: Alderman Frieders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT: February 4, 2014_-6:00 p.m-City_Hall Conference Room ------------- ------------------------ --------- --------------------------------- Committee Departments Liaisons Chairman: Alderman Koch Community Development Plan Commission Vice-Chairman: Alderman Teeling Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Colosimo Kendall Co. Plan Commission Committee: Alderman Frieders ----------------------------------------------------------------------------------------------------------------------------------------------------------------- � =PUBLIC SAFETY:February 6,2014-6:30 p.m.-City_Hall Conference Room; -- -- ------------ - - - - - -- - - - --------- -------- -------- ------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Spears School District Committee: Alderman Kot Committee: Alderman Funkhouser :PUBLIC WORKS:-February 18,_2014-600_p.m._-City Hall Conference Room: ----------------- --------- ------- ------------------------------------------------------ --------------------------- ---------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Teeling Public Works Park Board Vice-Chairman: Alderman Kot Engineering YBSD Committee: Alderman Milschewski Parks and Recreation Committee: Alderman Koch UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, January 28, 2014 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2014-01 Route 71 Sanitary Sewer and Water Main Replacement—Engineering Agreement a. Approved: Y N ❑ Subject to b. Removed c. Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2014-02 Windett Ridge—Plat of Easement a. Approved: Y N ❑ Subject to b. Removed c. Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2014-03 Autumn Creek Units IA Resubdivision,Unit 113, Unit 213, and Unit 2 Acceptance ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2014-05 2013 Road to Better Road Program a. MFT Funds—Change Order No. 1 b. Non-MFT Funds—Change Order No. 1 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2013-62 Subdivision Securities - Reduction Policy ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2014-04 Minutes of the Regular City Council—January 14, 2014 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- BILLS FOR PAYMENT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Bills for Payment (Informational) ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2014-03 Petition for Disconnection of Land—Hoover Forest Preserve ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2014-05 Appointment of Freedom of Information Officer—Amber Rasmusson ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2014-06 BUILD Permit Program ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2014-06 Road to Better Roads 5-Year Plan Update ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2014-07 NIMEC Bid for Electric Accounts ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2014-08 FBNO Credit Card Program ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- Reviewed By: Agenda Item Number .'� Legal ❑ CA#1 Finance ❑ EST. 1 - 1836 Engineer 0 City Administrator El Tracking Number GHuman Resources ❑ s1 0 Community Development ❑ pW 2014-01 Police F-1 �4E `� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: IL Route 71 Sanitary Sewer and Water Main Replacement Meeting and Date: City Council January 28, 2014 Synopsis: Contract Consideration Council Action Previously Taken: Date of Action: PW 1/21/14 Action Taken: Moved forward to CC consent agenda Item Number: PW 2014-01 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? Callus Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at azendas@yorkville.il.us,post at www.facebook.com/C`i ofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/gov ofcials.php ♦ok cl�. J 0 0 Memorandum To: City Council E87 1 W6 From: Bart Olson, City Administrator 4 L CC: c Q Date: January 15, 2014 Subject: Route 71 engineering agreement Summary Approval of an engineering agreement for preliminary engineering of a watermain relocation related to the Route 71 expansion project. Background The City approved a letter of understanding in November 2011 with IDOT for Route 71 expansion between Route 47 and Orchard Road(attached). IDOT has notified City officials it intends to proceed with design and construction of the project within its five-year highway plan. The project is expected to be let in June 2015, and construction could begin in late 2015 or early 2016. This puts construction on the project in the City's FY 16. We have budgeted for the items discussed in the letter of understanding in the FY 15 budget proposal, which will be released on January 23. One of the components of the Route 71 project that was not contemplated in the letter of understanding was major utility relocation. Unfortunately, the City has a large watermain within the Route 71 right-of-way between Route 47 and Route 126 that will likely need to be relocated. This watermain serves the Sunflower, Fox Highlands, and Country Hills subdivisions and was installed in the early 1990s when Sunflower and Country Hills were built. For conservative budget purposes, we have estimated this watermain relocation at $1,000,000 and have budgeted it as an expense within the water fund in FYs 16, 17, and 18. Part of EEI's task on the preliminary engineering authorized by this agreement will be to minimize the amount of watermain that must be relocated. As the project progresses, we will keep the City Council updated with cost details. Recommendation Staff recommends approval of the engineering agreement with EEI for Route 71 preliminary engineering. IL Route 71 Sanitary Sewer and Water Main Replacement United City of Yorkville, Kendall County, IL Professional Services Agreement - Preliminary Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or "OWNER" and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or"ENGINEER" agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the included exhibits. Engineering will be in accordance with all City, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Exhibit 2. Preliminary Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $23,802.00. The hourly rates for this project are shown in the attached 2013 Standard Schedule of Charges (Exhibit 4). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1 st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. IL Route 71 Sanitary Sewer and Water Main Replacement United City of Yorkville Professional Services Agreement Preliminary Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER's sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City's relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). IL Route 71 Sanitary Sewer and Water Main Replacement United City of Yorkville Professional Services Agreement Preliminary Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500150-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting : The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal IL Route 71 Sanitary Sewer and Water Main Replacement United City of Yorkville Professional Services Agreement Preliminary Engineering sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen Resident Alien Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): _ Individual Real Estate Agent Sole Proprietorship _ Government Entity Partnership Tax Exempt Organization (IRC 501(a) only) x Corporation Not for Profit Corporation Trust or Estate _ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City's agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party's negligence, including failure to follow the ENGINEER's recommendations. J. Insurance : The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any IL Route 71 Sanitary Sewer and Water Main Replacement United City of Yorkville Professional Services Agreement Preliminary Engineering manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of exhibits is as follows: Exhibit 1: Professional Engineering Services Exhibit 2: Estimate of Level of Effort and Associated Cost Exhibit 3: Anticipated Project Schedule Exhibit 4: 2013 Standard Schedule of Charges Exhibit 5: Location Map L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this day of , 2014. United City of Yorkville: Engineering Enterprises, Inc.: Gary Golinski Brad Sanderson, P.E. Mayor Vice President Beth Warren Angie Ford City Clerk Executive Assistant EXHIBIT 1 SECTION A - PROFESSIONAL DESIGN ENGINEERING SERVICES For purposes of this Exhibit 1 and all attachments hereto, the term "contractor" shall not refer to Engineering Enterprises, Inc., but shall instead refer to individuals or companies contracted with, to construct or otherwise manage the project described herein. The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will accomplish the preliminary design of the project and prepare a preliminary cost estimate based on preliminary design for the project. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section C hereof. 3. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect the ENGINEER from claims under the Workman's Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services required under this Agreement. 4. The ENGINEER will complete the preliminary plans and cost estimates and submit for approval of the OWNER, and all State regulatory agencies to meet the project schedule(s) as summarized in Exhibit 3: "Anticipated Project Schedule — IL Route 71 Sanitary Sewer and Water Main Replacement" dated January 15, 2014. 1 SECTION B — COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional preliminary engineering services on the basis of Hourly Rates (HR) as described on the attached Exhibit 4: Standard Schedule of Charges dated January 1, 2013. The estimated values are included in Exhibit 2: `Estimate of Level of Effort and Associated Cost for Professional Engineering Services for IL Route 71 Sanitary Sewer and Water Main Replacement" dated January 15, 2014 and are estimated at $23,802 Hourly (HR). (a) The compensation for the professional preliminary engineering services shall be payable as follows: (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 1 The OWNER shall compensate the ENGINEER for direct expenses as identified in the contract and as noted on Exhibit 2 at the actual cost or hourly cost for the work completed. (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 4. The compensation for any additional engineering services authorized by the OWNER pursuant to Section C shall be payable as follows: (a) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 2 SECTION C—ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. I. Site surveys outside of the project limits and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 3 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 11. Preparation of design documents for alternate bids where major changes require additional documents. 12. Preparation of detailed renderings, exhibits or scale models for the Project. 13. Providing special analysis of the OWNER's needs such as owning and operating analysis, plan for operation and maintenance, OWNER's special operating drawings or charts, and any other similar analysis. 14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and labor, and material audits or inventories by the OWNER. 15. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work of the contractor, and/or (3) the contractor's default on the Construction Contract due to delinquency or insolvency. 16. Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part of the Project. 17. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section D — SPECIAL PROVISIONS —Owner's Responsibilities. Payment for the services specified in this Section D shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, 4 the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in D shall be at Actual Cost (AC), Fixed Fee (FF) or Hourly (HR). SECTION D - SPECIAL PROVISIONS 1. OWNER'S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER's requirements for the Project. (b) Designate a person authorized to act as the OWNER's representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER's policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER's services. (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the contractor. (e) Furnish above services at the OWNER's expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. 5 M Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER's services under this Agreement. (g) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER's performance of services under this Agreement. (h) Protect and preserve all survey stakes and markers placed at the project site prior to the assumption of this responsibility by the contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2. Delegation of Duties -Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 3. The ENGINEER has not been retained or compensated to provide design services relating to the contractor's safety precautions or to means, methods, techniques, sequences, or procedures required by the contractor to perform his work but not relating to the final or completed structure. Omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 5. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Costs and Construction Costs provided for herein are to be made on the 6 basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase OWNER wishes greater assurance as to project or construction costs he shall employ an independent cost-estimator. 6. Access to Records: (a) The ENGINEER agrees to include subsections D-6(b) through D-6(e) below in all contracts and all subcontracts directly related to project services which are in excess of$25,000. (b) The ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance of Agency loan work under this Agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987). The Agency or any of its duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. The ENGINEER will provide facilities for such access and inspection. (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. (d) The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection D-6(b) above, to the Agency. Where the audit concerns the ENGINEER, the auditing agency shall afford the ENGINEER an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the 7 draft audit report. The final audit report will include the written comments, if any, of the audited parties. (e) Records under subsection D-6(b) above shall be maintained and made available during performance on Agency loan work under this agreement and until three years from date of final Agency loan audit for the project. In addition, those records which relate to any "dispute" appeal under an Agency loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7. Covenant Against Contingent Fees - The ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. Covenant Against Contingent Fees - The loan recipient warrants that no person or agency has been employed or retained to solicit or secure a PWSLP loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Agency shall have the right to annul the loan or to deduct from the loan or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 9. Certification Regarding Debarment — The ENGINEER certifies that the services of anyone that has been debarred or suspended under Federal Executive Order 12549 has not, and will not,be used for work under this Agreement. 8 10. Affirmative Action — The ENGINEER agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the Clean Water Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA, the ENGINEER acknowledges that the fair share percentages are 5% for MBEs and 12% for WBEs. 11. The ENGINEER shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 9 - §Em � - �� ® m ®-V!, ___®� ) f �•� 2 §� ■ # . \ sE / � s � z s§2� | z In ) 2z# § °z� . . . } .■ , » ] § . . ■ k/� , . « § ) � jxx u & 2 - S� ) § \ LLJ aL)ma az- u� <> !| S� ; ) �CO(e - 22(4- §§�� ° �3Cif� CC @ � U$#s 3285! « ` 2# 2 � z3: sG:� ��$,: , omae- 0 ,� ,�.- w0 §�Lu§ k § - §o® w §§! � I ( &| F- Cl) \i$§ ` " ^ k \ \ \ Lo 2 % ! Ix � \ \ ( \ / . ) ) 0 ` ) > m % \ ] { w a- / \ k \ } ) §�g \ z — ) E ! ) } � E C i tE } to \ CD \ cm co cli j & � 2 \ LU CL CC � m � za z7k Q = o nn \ \ \ Ew = e 5 � 0 < � / x ± & CL § LLI o W U) Z3 z $ \ LL Cl) cm § to % � ) , . 0 / o � 0 2 , ! 2E E ) E a k . ° / ) \ 0 ca _ ! _J Q £ f\ \m J1-. \ f _ > E! . k ! ) ) / } \) ¢ § Z . > 223 Exhibit 4 40 rd Schedule of r - L-1k January 1, 2013 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171.00 Principal E-3 $171.00 Senior Project Manager E-2 $165.00 Project Manager E-1 $150.00 Senior Project Engineer/Planner/Surveyor II P-6 $138.00 Senior Project Engineer/Planner/Surveyor I P-5 $129.00 Project Engineer/Planner/Surveyor P-4 $117.00 Senior Engineer/Planner/Surveyor P-3 $108.00 Engineer/Planner/Surveyor P-2 $ 99.00 Associate Engineer/Planner/Surveyor P-1 $ 88.00 Senior Project Technician II T-6 $129.00 Senior Project Technician I T-5 $117.00 Project Technician T-4 $108.00 Senior Technician T-3 $ 99.00 Technician T-2 $ 88.00 Associate Technician T-1 $ 78.00 Administrative Assistant A-3 $ 78.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $141.00 2 Man Field Crew with Standard Survey Equipment $219.00 1 Man Field Crew with RTS or GPS * $174.00 2 Man Field Crew with RTS or GPS * $252.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black&White) $1.00/Sq. Ft. (Color) `RTS=Robotic Total Station/GPS=Global Positioning System Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax —www.eeiw-• • .�.. h i �,'�►fir `��,!►'��,�►�1�"-�' �' d � r�'l � �;. rye _ •� + ?r } r IRA tot ,. �� r�rtools HISM is Ill r rr iS OF 1 .�+ z X1111 '► 1 y Illinois Department of Transportation Division of Highways 1 Region 2/District 3 700 East Norris Drive/Ottawa, Illinois/61350-1628 Telephone 815/434-6131 May 17, 2011 The Honorable Gary Golinski Mayor of Yorkville 800 Game Farm Road Yorkville, IL 60560 Letter of Understanding FAP 311 (IL 71) Section (1,1-1)R Kendall County IL 71 (from IL 47 to IL 126) Local Agency Cost Sharing Dear Mayor Golinski: This letter of understanding is the result of open communication between the city of Yorkville, the Illinois Department of Transportation and various stakeholders as part of the Department's Context Sensitive Solution process concerning IDOT's proposed widening of Illinois Route 71 from IL 47 and extending 5.4 miles to the west side of Orchard Road, in Oswego. IDOT and Yorkville city staff have met on various occasions to discuss the scope of work and the share of cost which will be required from the city of Yorkville. The purpose of this letter is to provide a clear understanding of the cost items and estimated cost the city is to incur. The City's signature of this letter represents Yorkville's commitment to the project. Such a commitment is required so these listed items can be designed into the project. The list below describes some preliminary pay items which require City participation. The city and state will enter into a formal agreement in the year construction begins which will detail the city's share of cost. The total project cost is estimated at $38.2 million. The southwest section of the project (IL 47 to IL 126) is funded at $11.858 million in the Fiscal Year 2012-2017 Proposed Highway Improvement Program. The remaining portion of the project will be monitored and considered for inclusion in future programs. The Department has calculated the following preliminary local participation costs for the city of Yorkville: 1. Sidewalk—20% local cost $10,000 2. Shared-Use Path (8' wide bituminous) —20% local cost $42,000 3. Combined Road Lighting at IL 47 and IL 126— 100% local cost $24,000 4. Pre-emption devices at IL 47 and IL 126— 100% local cost $20,000 5. Engineering — 15% $14,400 Total estimated cost share for the City of Yorkville $110,400 A 10' wide path was offered per Department policy, but Yorkville requested an 8' wide paved path. The Honorable Gary Golinski Page 2 May 17, 2011 Should the City decide in the future to eliminate the work listed above, they may still be responsible for the actual cost of preliminary engineering up to $14,400. Final costs will be based on actual bid prices after the project has been let for construction. Other items, such as utility relocations or sewer casings would also be 100% local agency cost. The Yorkville portion of the project is tentatively scheduled for construction in the Department's FY 2012-2017 Proposed Highway Improvement Program, subject to project readiness and funding availability. You will note two copies of this letter of understanding are enclosed for your review. If you agree with this proposal, please affix your original signature in the space provided on both copies, retain one for your files and return the second copy to this office. If you have any questions or need further information, please contact Mr. Duane Lukkari, Studies and Plans Unit Chief at (815) 434-8565. Sincerely, Eric S. Therkildsen, P.E. Acting Deputy Director of Highways, Region Two Engineer By: Dan Mestelle, P.E. District Program Development Engineer DL:lw/dl 5-17-11 Letter of Understanding Yorkville cc: Lou Paukovitz Joe Wywrot, City of Yorkville Engineer Francis Klaas, Kendall County Engineer APPROVED: ,/L j-i /J- - ) l- l- 1( ar linski Date York e Mayor Reviewed By: Agenda Item Number .'yam Legal ❑ CA#2 Finance ❑ EST. 1 - 1836 Engineer 0 City Administrator El Tracking Number GHuman Resources ❑ s1 0 Community Development ❑ pW 2014-02 Police F-1 �4E `� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Windett Ridge Plat of Easement Meeting and Date: City Council January 28, 2014 Synopsis: Easement Acceptance Council Action Previously Taken: Date of Action: PW 1/21/14 Action Taken: Moved forward to CC consent agenda Item Number: PW 2014-02 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? Callus Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at azendas@yorkville.il.us,post at www.facebook.com/C`i ofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/gov ofcials.php Memorandum EST. -� 1836 To: Bart Olson, City Administrator �L O �� From: Brad Sanderson, EEI W pri CC: Eric Dhuse, Director of Public Works <CEco�� Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: January 13, 2014 Subject: Windett Ridge-Plat of Easement Attached find one copy of a proposed grant of easement for drainage purposes within the Windett Ridge Development. The modifications are necessary due to further review by Ryland Homes and the need to better define the drainage swales. We recommend accepting the proposed easement. Please place this item on an upcoming Public Works Committee agenda for consideration. PROPERTY DESCRIPTION.' PART OF LOTS 116, 117, WINDETT RIDGE SUBDIVISION UNIT 11,3ACCORDING T01 THE 137, PLAT 138, THEREOF RECORDED FEBRUARY 113,32004 �ASODOCUMENT D 229 200 0 YORKVILLE,A COUNTY,' AND KENDALL OF.YCORRECTION RECORDED MARCH 12, 2004 AS DOCUMENT 200400005966, IN THE UNITED CITY 50 25 0 50 QER p SCALE: 1" = 50' // 195 , I I I I I I l l \ / ^\ N111,\ I 193 I 192 194 I ` I ► 1 1 191 19® // \\ ,\ \ , 10.00' I I o.00' / // \\ `\ ,\ \ OWNER'S CERTIFICATE: / o o I I �, 5.00 I I 1 / l / < 189 \ \ `\' 05-09-427-002 LOT 116 STATE OF ILLINOIS ) / / , m o N D.E. HEREBY / \ \ ° 05-09-427-001 LOT 117 TYPICAL J®l0/E7LE Fiq/I{�®�. LOT ET/4® \ UNLESS SHOWN OTHERWISE HEREON / o ° o° GRANTEp I I I I l / \ / \'\ 05-09-402-009 LOT 128 ( ) COUNTY OF ______ )SS / , I I / `o �" ° I I N o I I 1 1 / /° 05-09-402-014 LOT 133 ____---_ DO HEREBY / / 196 , , D.E. HEREBI I I M o / \ \ / \ 05-09-426-022 LOT 134 EASEMENTS HERETOFORE GRANTED PER CERTIFY THAT AS OWNER, I, CONSENT TO THE ATTACHED PLAT / 00 GRANTED I I N I I / / / / \ \ / / \ 05-09-426-021 LOT 135 DOCUMENT NUMBER 200400003630 S87'43'23°W v°� OF EASEMENT FOR THE PURPOSES HEREON SET FORTH 49.52' _ I I _ -*-, -j / / / / \ \ /' `\ 05-09-426-0?9 LOT 137 \ T--, —a.31 ! I I \ \ / \ _ _ _ STREET NAME AND ALSO CONSENT TO THE RECORDING OF THIS PLAT. i SBT4�23"NG / \ \ / /' \ 05-09-426-0187 LOT 139 DATED THIS_____--DAY OF______ \ `N8T43'23 E' f -`— I — —— / \ / / `\' 05-09-426-015 LOT 1411 45.28' � \ \ / \ / 05-09-426-014 LOT 142 / 46.42' _ 188 \ _———--} ,--—', \ �jo \, / 05-09-426-013 LOT 143 BY:-------------------ATTEST:------------------------___ �- o ___ ————— \ \ \ /` \ �I'�"� \ 05-09-181-016 LOT 193 i \ — \ \ QI/� a '\ 05-09-181-017 LOT 194 —— \ / �'°000° 05-09-255-025 LOT 206 RYLAND HOMES �� I —— o \ ` ` \ �o �\ �\ 05-09-255-024 LOT 207 ———30' BSL — 1141 EAST MAIN STREET SUITE 108 \ I I // JQ.joa�^�• / \ 05-09-256-003 LOT 229 EAST DUNDEE, ILLINOIS 60118 r' 197 , \ \ /ti°� \ \� O P� `\ \ 187 NOTARY CERTIFICATE: ` I \ I \\\ \ \ 186 \ \ ® �o�a�, \ / 176 \\ o \ STATE OF ILLINOIS ) ' ` \ / \ O �\ ' J w COUNTY OF ------- )SS — ' I \\\\ 185 \ \ ` \ // /Q``��G \\ / cG ,y \ 1 IQ ,�� ILLINOIS, DO HEREBY CERTIFY THAT __A NOTARY PUBLIC IN AND FOR ---- COUNTY, I \\\\ i\ — ` ` \+ / \�\ \ / T410-rl , :3 LOT. NUMBER iJd ' 1 1 \ �/ /� / 2� \ a a THE KNOWN OR O ME T INSTRUMENT SAME PERSON(S), WHOSE NAME(S) IS SUBSCRIBED TO I I \\\\ // /// / o/ \ \\ / \ Og® \ AS SUCH OWNERS , APPEARED BEFORE ME THIS DAY 1 \ \ \ O OWN PERSON FREE AND VOLUNTARY ACT FOR TUSES(AND�PURPOSES HTHEREIN A SETT FORTH. I 198 / \ �/ O`�6•�0 1r I I 177 \ \ / / \ F00" I GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS------—_DAY OF—-----— \ \ / \ / 'f'O 1 I 194 / \ \ / \ \ % / 175 J 10' P.U. & D.E. 1 CITY ENGINEER'S CERTIFICATE: STATE OF ILLINOIS 10' P.U. & D.E. 1 COUNTIY OF KENDALL)SS I 199 I I I \ \\ \ 178 APPROVED BY THE CITY ENGINEER OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, THIS ------- DAY OF CITY ENGINEER I 183 \ / / \ \ \ 179 \ \ / / / / a w LEGEND. 61 LOT NUMB R I� CITY CLERK'S CERTIFICATE: DGRANTED aI I� a STATE OF ILLINOIS ) ` 2®® I I /// I O \ \\ 18® T-'-/-1 7n 1 COUNTY OF KENDALL )SS APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE / / \ \ 182 181 \ \ UNITED CITY OF YORKVILLE, ILLINOIS, AT A MEETING HELD THIS __-_ \ \ \ / DAY OF -------- 20__. // \ \ / / \ \ \ _ — 30' BSL — CITY CLERK 2 01 COUNTY CLERK CERTIFICATE: CITY ADMINISTRATOR'S CERTIFICATE: _ i.�,00 r' ► 13.00' I I I STATE OF ILLINOIS ) STREET NAME STATE OF ILLINOIS ) \ / / -� i I I I I COUNTY OF KENDALL )SS COUNTY OF KENDALL )SS j 13.00' No \ i N 13 Z5 1; 0;-`1 I I I I, COUNTY CLERK OF KENDALL COUNTY, ILLINOIS, APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE \ / / 202 / �` v, 1` oI " !� I I 208 I I DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES, NO UNPAID o =a f UNITED CITY OF YORKVILLE, ILLINOIS, THIS __-- DAY OF / / / i ► �, C, CURRENT TAXES, NO UNPAID FORFEITED TAXES, AND NO REDEEMABLE TAX SALES 20__. �' / / , 1' �� r� 207 1 I I I AGAINST ANY OF THE LAND INCLUDED IN THE PLAT HEREIN DRAWN. I FURTHER �; `'' `'� CERTIFY THAT I HAVE RECEIVED ALL STATUTORY FEES IN CONNECTION WITH THE PLAT "' I ' 1 I I I I HEREIN DRAWN. CITY ADMINISTRATOR // I.:' I ' ;N D GRAHNETED Y I I I I GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE ILL \ / / ®� / I I ' t` 206 a,%/ �r' 1� I I I I THIS --------- DAY OF ------------------- 20--- ILLINOIS, 1 ; , I I I I ---------------- DRAINAGE EASEMENT PROVISIONS 204 I I 205 t, ' D.E. H�EEDBY,_� .. 00/f ( I I I COUNTY CLERK I YORKVILLE EAND TO ITSBSUCCESSORS AND ASSIGNS,NOVER ALL HOF THE AREAS OF \ / / MARKED "DRAINAGE EASEMENT" (ABBREVIATED D.E.) ON THE PLAT \ / 1 j t 1 1 I I I FOR THE PERPETUAL RIGHT, PRIVILEGE, AND AUTHORITY TO SURVEY, CONSTRUCT, COUNTY RECORDER CERTIFICATE: RECONSTRUCT, REPAIR, INSPECT, MAINTAIN AND OPERATE STORM SEWERS AND THE / I ' 1;' ` ' 1 STORMWATER MANAGEMENT AREA, TOGETHER WITH ANY AND ALL NECESSARY I 1 STATE OF ILLINOIS ) MANHOLES, CATCH BASINS, SANITARY SEWERS, WATER MAINS, ELECTRIC AND °FR 00 \\ I -- __ I —_ ' R=758.00' COUNTY OF KENDALL )SS j COMMUNICATION CABLES, CONNECTIONS, DITCHES, SWALES, AND OTHER CVMe \ / �— 1 STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID CITY, /yT 1 R_756.00' L=13,00' THIS INSTRUMENT NO. _____ WAS FILED FOR OVER, UPON, ALONG, UNDER AND THROUGH SAID INDICATED EASEMENT, TOGETHER /\ �/0� I , L=13.00 - - 20\� I ' ___ _______ RECORD IN THE RECORDER OF DEEDS OFFICE OF KENDALL COUNTY, ILLINOIS, WITH THE RIGHT OF ACCESS ACROSS THE PROPERTY FOR NECESSARY MEN AND / \ 04�� ss j ___----------- ---------- AFORESAID, ON THE______, DAY OF ____ 20-__, EQUIPMENT TO DO ANY OF THE ABOVE WORK. THE RIGHT IS ALSO GRANTED TO CUT /\ \ 00 3\s�. I _ - AT----O'CLOCK ---.M. DOWN, TRIM OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS ON THE EASEMENT \ \ 0 THAT INTERFERE WITH THE OPERATION OF SEWERS OR OTHER UTILITIES. NO \ \ RFcop^ PERMANENT BUILDINGS SHALL BE PLACED ON SAID EASEMENT. NO CHANGE TO THE \ RoFO F`' R=682.00' ��`.` -------------------- TOPOGRAPHY OR STORMWATER MANAGEMENT STRUCTURES WITHIN THE EASEMENT \ F9RU L=20.00' KENDALL COUNTY RECORDER AREA SHALL BE MADE WITHOUT EXPRESS WRITTEN CONSENT OF THE CITY ENGINEER, BUT SAME MAY BE USED FOR PURPOSES THAT DO NOT THEN OR LATER INTERFERE 3 200 - ----- -- I :1 —— o WITH OWNER FORFETHE PROPERTY SHALL S REMAIN RESPONSIBLE FOR THE MAINTENANCE 224 �/ 4 ' 130:60' 1% C CITY OF YORKVIILLIE WILL PERFORM AREA ONLY EMERGENCY EPROCEDURES AS IDEDEMED I I '' I 1 NECESSARY BY THE CITY ENGINEER OF THE UNITED CITY OF YORKVILLE. ' 1 40_BSL —— ' ' � I I 230 STATE OF ILLINOIS) _ 1, oI ':,.'. COUNTY OF COOK ))SS GENERAL NOTES / I LOT S9 $ j, 229 WE, MACKIE CONSULTANTS LLC, AN ILLINOIS PROFESSIONAL LAND 1. ALL DIMENSIONS ARE GIVEN IN FEET AND DECIMAL — ' I ' `f 1` I SURVEYED THEM NO. 184-002694, HEREBY,PROPERTY AND THAT WE PLAT `. \_ D.E. HEREBY PARTS THEREOF. / I I I I t ' 228 ' GRANTED / ` 1' ` / REPRESENTS THE CONDITIONS FOUND AT THE TIME OF SAID SURVEY. SURVEYOR'S NOTES: 1 , ' / 2. ONLY THOSE BUILDING LINE SETBACKS AND I I I I 227 ' °' '1= / �� `�`� moo° EASEMENTS WHICH ARE SHOWN ON THE RECORDED 225 I 1- -� d ocv LL VV GIVEN UNDER MY HAND AND SEAL THIS __ AY a 1. THIS SURVEY IS SUBJECT TO MATTERS OF TITLE PLAT OF SUBDIVISIONS ARE SHOWN HEREON. I I I I I 'j' ;lo / / ` ` o NSF- oCS 20_.L* IN ROSEMONT, ILLINOIS. N WHICH MAY BE REVEALED BY A CURRENT TITLE REFER TO THE DEED, TITLE INSURANCE POLICY / 226 ' I I, 1;: / / ` �o M ¢� F, o REPORT. AND LOCAL ORDINANCES FOR OTHER RESTRICTIONS. / I I I I ' I o 0 fte N� STATE OF MACKIE CON TANTS LLC z 2. BEARINGS BASED ON THE ILLINOIS EAST STATE S802p'20"W ' 231 ooQ ILLINOIS w 3. COMPARE DEED DESCRIPTION AND SITE CONDITIONS I / �� PROr"ESSIONAL Uj PLANE COORDINATE SYSTEM. WITH THE DATA GIVEN ON THIS PLAT AND REPORT I I I I ' 20'°0 / / �2� LAND SURVEYOR -- _ Uj 1 ANY DISCREPANCIES TO THE SURVEYOR AT ONCE. I I I I ' / �Q- NO.035-002718 ILLIN01 PROFESSIONAL LAND SURVEYOR NO. 035-002718 `L 3. PROPERTY NOT MONUMENTED AT CLIENTS REQUEST. I I .- � � 00 4. NO DIMENSIONS SHALL BE DERIVED FROM SCALE / c,o �� LICENSE EXPIRES: NOVEMBER 30, 2014 n 4. CONTACT J.U.L.I.E. AT 1-800-892-0123 FOR MEASUREMENT. I I I I "' Qoo °`�,aE+RVIL�-�' RUSSELL W. OLSEN i EXACT LOCATION OF BURIED CABLES PRIOR TO e I I I I / / �cu DIGGING. 5. CERTIFIED COPIES OF THIS SURVEY BEAR AN \ i / ` Q THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS IMPRESSED SEAL. MINIMUM STANDARDS OF PRACTICE FOR A BOUNDARY SURVEY. i � rn 0 CLIENT: DESIGNED SHEET CL Mackie Consultants, LLC DRAwN Rwo r 9575 W. Higgins Road, Suite 500 OF ' Rosemont, IL 60018 1141 EAST MAIN STREET SUITE 108 APPROVED AJM �� (847)696-1400 EAST DUNDEE, ILLINOIS 60118 °° www.mackieconsult.com P:224-293-3100 F:224-293-3101 DATE 12-09-13 PROJECT NUMBER: 2308 N% MACKIE CONSULTANTS 1-2-14 CORRECTED COUNTY RECORDERS CERTIFICATE AJM ' MACKIE CONSULTANTS LLC,2013 z DATE DESCRIPTION OF REVISION BY SCALE 1"=50' ILLINOIS FIRM LICENSE 184-002694 TYP ICAL SINGLE FAM/L Y LOT DETAIL PLA T OF EA SEMEN T (UNLESS SHOWN OTHERWISE HEREON) EASEMENTS HERETOFORE GRANTED PER / PROPERTYDESCR/PT/ON: DOCUMENT NuMBFe \000003630 f / STREET NAME PART OF LOTS 1 1 6, 1 1 7, 127, 128, 133, 134, 135, 136, 137, 138, 139, 140, 1 41, 142, 143, 193, 194, 206, 207, AND 229 1 I IN WINDETT RIDGE SUBDIVISION UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 13, 2004 AS DOCUMENT 50 25 200400003630, AND CERTIFICATE OF CORRECTION RECORDED MARCH 12, 2004 AS DOCUMENT 200400005966, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN. j I SCALE: 1" 50' 05-09-427-002 LOT 116 1 30' BSL 1 1 I i 05-09-427-001 LOT 117 -t---------------fi 05-09-402 01 -009 0 LOT 127 / / 05-09-402- LOT 128 1 30 '\ , / 05-09-4062-00124 C OT 133 05-09-42 2 LOT 134 129 III III // //f \�/// 05-09-426-021 LOT 135 I I 05-09-426-020 LOT 136 I 05-09-426-019 LOT 137 05-09-426-018 LOT 138 I 05-09-426-017 LOT 139 40' B_SL\ f , 0 X11 Iw 05-09-426-015 LOT 144- 05-09-426-014 o LOT 142 „I 1 05-09-426-013 LOT 143 LOT NUMBER I� 151 \ � _ / 05-09-181-016 LOT 193 �I 1 \\ 'O 05-09-181-017 LOT 194 al Id \ / I / \ 05-09-255-025 LOT 206 131 \ \- �' \\ \ , 05-09-255-024 LOT 207 05-09-256-003 LOT 229 I ---—. — / SO4°17'25"W 128 166 37.63 4 D.E. HEREBY \ \ _ -------------- I 1 b o GRANTED -----__---- 150 10' P.U. & D.E. N04°17'25"E 30.30' I 15. 1 N89'23'1 2"E I I I i 5.02' --- I ------- ----- 10' P.U. & D.E. I J 1 I --------- --------------- I ----------- 1 I 15. 0''_ N89°23'12"E a I i/ R-65.00' I -t ---I-- -- -------- 1 1 5.02 I L=10.29, I 132 i� \ % v I I /Q) / v -I -- i---------- 1 1 1 101 I II 1 126 I I 1 I I 1 1 1 I I �I 1 \ f/ 144 127 149 //C \\ \\ \ 1 1 I 1 I I of D.GRANTEDY / 66.'OU, \\ / \�� I 1 I I °� \ I cp ♦ �J O / os',129 I �I Q 0�0 o 11 1 1 -----------_ � / N \ o 125 _ \ \\ \ / LOT NUMBER°°10.0 i C w I 1 1 III '1 I - ----------- -- v 1 1 1 1 -- /o D.E. HEREBY GRANTED \ \ R=368.00'\ \\ / \ 145 \ D.E.L 5.06' HEREBY \\ I I GRANTED \ 1 _._._.----------�------------ ------- - _ y��io o o 10 o ��\�° \ 148 \ f f I \ \\\ \ o\i o 43\\ \` I 30_B_SL_ ------ I �, ,- �0 \\ \\ / � � � po �, �,\mss; \ < f I ✓\ \ ✓ \\ s ss, \ •, D.E. HEREB o. \ GRANTED `v �',' \\ \\ // /, oo ANTED �. ✓ \\ /, �2-\ II \\\ \\\ \ 134 \ _r_ 146 ��, NO PRT 1 1 I I oO'` v / < �� / s� \ / / I I v v / ,�°/ �0,-U 4EN EgRO 1 1 I u / \ / / \ / \ / ^D/_- o \ i 147 I 1 \\ \�00"/ S -- I I I \ \ \ o " ADo.„E. HEREBY --------- GRANTED / 142 " e� o� s- \ / /f II I / col \ \ 1 1 I � D.E. HEREBY �� 1 1 I I \� / // o GRANTED o/ I / / /"� 9Q \ \ \ \ I X O N6 o I I / / s 8" \ \ 1 122 I / \ 135 \ \ 123 1 I / / 1 6, f \ 1 1 I I / / \ \ �p,o h. , , �h' \� o I I 00 D.E. HEREBY '1 r 121 o \ o I \ GRANTED \\\ \\ / \\ s // --- -- I \ 1 I I O / / co 2S • o I I o W o. --- - J '1359'0 141 S 0 5 \ s° \ \ 124 D.E. HEREBY GRANTED ,-• N 136 s, I o sa-6°i 92�,.W ' 2 �S86°18_47777='W � b ' 4945 844 120 ----------- ------ --- \ j D.E. HEREBY I 86 W S86°18'47'W � 54.81' GRANTED _, D.E. HEREBY o N GRANTED c D.E. HEREBY / , E. HEREBY I 140 / � GRANTED GRANTED / - / / I 139 5 ' .00 / 138 I 10.00' / 5.00' 10.00' 119 // \\ / \/ / I ��/ /� / \ I / // \ / I II \\\ ice/ / �/ Z" / \\ 2 00' ,,, .•� // 106 118 00' / Z � f i/ / \\\ /000' \\ ?0 00X, KENTSHIRE DRIVE O 20_ _ 0----------------- -PER DOCUMENT N 0 - 003630 RECORDED F-E B-RU A-R \ 1 13, 2004 117 / D.E. HEREBY , �\ GRANTED �� / off 116 / \\\_-___ I I 11 \\\ co \\ / /�° / I I --------- ---------- II 1 112 / s o \0 \\� IV68�5'2„ /, — s ��D.GRANTEDY // / I I 1 I 1 I \�►_ ----- I 1 I o0��1 3 / I 1 1 1 �' 115 it it i i 11 111 i _ o��o I j S68° l l I I 114 Os 11 1 _ --�' I I /o 32,e / 113 1 1 _ I 77, / / I I I I � Q, LOT H - PARK \ I I ,J /----------------�I I L---------------� 0 40' BSL 109 N 110 \ \ CD a z i a 0 SHEET N a CLIENT: DESIGNED Mackie Consultants, LLC RY L A N D HOMES DRAWN R W O PLAT OF EASEMENT 9575 W. Higgins Road, Suite 500 OF Rosemont, IL 60018 1141 EAST MAIN STREET SUITE 108 APPROVED AJM WINDETT RIDGE SUBDIVISION UNIT 1 6� 2 (847)696-1400 EAST DUNDEE, ILLINOIS 60118 O° P:224-293-3100 F:224-293-3101 DATE 12-09-13 YORKVILLE, ILLINOIS PROJECT NUMBER: 2038 N , www.mackieconsult.com MACKIE CONSULTANTS LLC, 2013 NN MACKIE CONSULTANTS DATE I DESCRIPTION OF REVISION BY SCALE 1"-50' ILLINOIS FIRM LICENSE 184-002694 �z Reviewed By: Agenda Item Number .'yam Legal ❑ CA#3 Finance ❑ EST. 1 - 1836 Engineer 0 City Administrator El Tracking Number GHuman Resources ❑ s1 0 Community Development ❑ pW 2014-03 Police F-1 �4E `� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Autumn Creek Units I Resub.,Unit 1B, Unit 213, Unit 2 Meeting and Date: City Council January 28, 2014 Synopsis: Subdivision Acceptance Consideration and Bond Reduction Council Action Previously Taken: Date of Action: PW 1/21/14 Action Taken: Moved forward to CC consent agenda Item Number: PW 2014-03 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? Callus Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at azendas@yorkville.il.us,post at www.facebook.com/C`i ofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/gov ofcials.php 0 Cl)' .�` 0 Memorandum EST. ° W6 To: Bart Olson, City Administrator From: Brad Sanderson, EEI •� CC: Eric Dhuse, Director of Public Works Kr sti Barksdale-Noble, Community ��,v Y Y Dev. Dir. L� Lisa Pickering, Deputy City Clerk Date: January 14, 2014 Subject: Autumn Creek Acceptance and Bond Reductions The Pulte Group has requested that the City accept the public improvements for Autumn Creek Units l A—Re-subdivision, Unit 1B, Unit 2B and Unit 2 for ownership and maintenance per the attached letter. At this time, all work related to the public improvements in Units 1A—Re-subdivision, Unit IB, Unit 2B and Unit 2, including punch list work has been completed. We recommend that the public improvements within the above described units for watermain, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees as described in the attached Bill of Sales be accepted for ownership and maintenance by the City. Typically with final acceptance, there is a bond reduction to 10% of the value of the public improvements. Accordingly, the bond reductions and values shall be as follows: Unit I—Re-subdivision (Bond Safeguard#5040207) Original Value $264,237.05 Current Value $38,905.71 Required Value (10% of Original) $26,423.71 Net Reduction $12,482.00 Unit 1B (Liberty Mutual #268003243) Original Value $109,947.80 Required Value (10% of Original) $10,994.78 Net Reduction $98,953.02 Unit 2B (Liberty Mutual # 26802119 Original Value $288,641.10 Current Value $138,564.73 Required Value (10% of Original) $28,864.11 Net Reduction $109,700.62 Unit 2 Earthwork (SafeCo #6414740) Original Value $1,327,792.60 Current Value $317,303.84 Required Value (10% of Original) $132,779.26 Net Reduction $184,524.58 Unit 2 On-site Improvements (Bond Safeguard#5030622) Original Value $1,550,252.77 Current Value $321,200.38 Required Value (10% of Original) $155,025.28 Net Reduction $166,175.10 Upon approval by the City Council and the receipt of the new security and the executed Bill of Sales, the existing bonds may be released. Please place this item on the Public Works Committee agenda of January 21, 2014 for consideration. -ja ' 1 .J October 24,2013 Ms. Krysti Barksdale Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Autumn Creek Subdivision Bond's Dear Krysti: Pulte Homes has completed the installation of the public improvements and associated punch list items in Autumn Creek Unit IA-Re-Subdivision (previously referred to as 1 B for Acceptance purposes), Unit 2B, and Unit 2. Pulte Homes is formally requesting City Acceptance of the public improvements within these Units. In addition to this request for formal Acceptance, Pulte Homes is formally requesting the return of the maintenance bonds relating to Units IA and 1B. The following is a summary of the bonds related to these Units: Bond # 5040207 - Autumn Creek IA- Re-Subdivision in the amount of$38,905.71. Formal Acceptance onto Maintenance requested. Bond # 268003243 -- Autumn Creek Unit 1B $109,647.80: Formal Acceptance onto Maintenance requested. Bond # 26802119 - Autumn Creek Phase 2B $138,564.73. Formal Acceptance onto Maintenance requested. Bond # 6414740 - Autumn Creek Phase 2 Earthwork Erosion Control & Storm Sewer $317,303.84: Formal Acceptance onto Maintenance requested. Bond # 505 622 --Autumn Creek Phase 2 Onsitc Improvements and landsca in 321,200.38: Formal Acceptance onto Maintenance requested. Pulte Home Corporation 1901 N.Roselle Road Suite 1000 Schaumburg,IL 60195 847-230-5400 www.pulte.com Bond#268003242—Autumn Creek Unit 1A$612,990.25—The 12 month maintenance period is due to expire on 1/23/2014 and Pulte Homes is requesting full acceptance of this Unit and the bond to be returned to Pulte Homes. Bond#268003244—Autumn Creek Unit 1C$207,084.15—The 12 month maintenance period is due to expire on 1/23/2014 and Pulte Homes is requesting full acceptance of this Unit and the bond to be returned to Pulte Homes. If I can be of any further assistance,please do not hesitate to contact Joe Marx or myself. Thank you, J Anne M. Bowers DRE/HOA Manager Pulte Homes 847-230-5330 Cc: Brad Sanderson EEI Joe Marx 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 Autumn Creek Unit 1A - Resubdivision, 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 Page 1 of 1 Exhibit A Autumn Creek Unit 1A - Resubdivision Roadways None. Utilities See attached Spreadsheet. EXHIBIT A AUTUMN CREEK SUBDIVISION - UNIT 1A- RESUBDIVISION UNITED CITY OF YORKVILLE UTILITIES UNITS TOTAL STORM SEWERS, CLASS B, HDPE, 6" FOOT 198 STORM SEWERS, CLASS A, TYPE 2, 15" FOOT 128 END SECTION 6" WITH HEADWALL EACH 4 STONE RIPRAP, CLASS A3 SQ. YD. 4 MANHOLE, TYPE A, 4' DIAMETER, T1 F CL EACH 4 INLET, TYPE A, 2' DIAMETER, T1 F CL EACH 4 1 1/2" SINGLE FAMILY WATER SERVICE INCLUDING TRENCH BACKFILL (LONG) EACH 9 1 1/2" SINGLE FAMILY WATER SERVICE INCLUDING TRENCH BACKFILL (SHORT) EACH 24 8- INCH SDR 26, PVC, SANITARY SEWER FOOT 9 MANHOLE TYPE A, 4' DIAMETER, TYPE 1 F&G EACH 1 6" SINGLE FAMILY SANITARY SEWER SERVICE (LONG) EACH 16 6" SINGLE FAMILY SANITARY SEWER SERVICE (SHORT) EACH 17 1/10/2014 Exhibit A Spreadsheet.xls Page 1 of 1 HRGreen UNIT 2 IIF"' _ ��' �� r�s"• ` f UNJT 2r I + 4 r f� ` 13M IT 1 :p;o 'oQQI ©,igl��lt _ All r UNIT 1B / UNIT 1A , RESUBDIVISION Exhibit B 1 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 Autumn Creek Unit 1B, 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 Page 1 of 1 Exhibit A Autumn Creek Unit 1 B Roadways Sage Court Sta. 1200+00 to Sta. 1206+65 Crimson Lane Sta. 1309+00 to Sta. 1322+65 Utilities See attached Spreadsheet. EXHIBIT A AUTUMN CREEK SUBDIVISION -UNIT 1B UNITED CITY OF YORKVILLE UTILITIES UNITS TOTAL STONE RIPRAP, CLASS A3 SQ. YD. 132 HDPE PERF STORM SEWERS, 10" FOOT 0 HDPE PERF STORM SEWERS, 12" FOOT 242 HDPE PERF STORM SEWERS, 15" FOOT 0 HDPE PERF STORM SEWERS, 18" FOOT 0 HDPE PERF STORM SEWERS, 21" FOOT 0 HDPE PERF STORM SEWERS, 24" FOOT 0 HDPE PERF STORM SEWERS, 27" FOOT 0 HDPE PERF STORM SEWERS, 30" FOOT 0 HDPE PERF STORM SEWERS, 36" FOOT 107 HDPE STORM SEWERS, 12" FOOT 0 STORM SEWERS, CLASS A, TYPE 2, 12" FOOT 1,170 STORM SEWERS, CLASS A, TYPE 2, 15" FOOT 599 STORM SEWERS, CLASS A, TYPE 2, 18" FOOT 685 STORM SEWERS, CLASS A, TYPE 2, 21" FOOT 122 STORM SEWERS, CLASS A, TYPE 2, 24" FOOT 0 STORM SEWERS, CLASS A, TYPE 2, 27" FOOT 0 STORM SEWERS, CLASS A, TYPE 2, 30" FOOT 0 STORM SEWERS, CLASS A, TYPE 2, 36" FOOT 224 STORM SEWERS, CLASS A, TYPE 2, 60" FOOT 0 CATCH BASINS, TYPE A 4' DIAMETER, TYPE R-3015 OR T1 F OL EACH 14 CATCH BASINS, TYPE A 4' DIAMETER, TYPER-3286-8V EACH 2 INLETS, TYPE A 2' DIA, TYPE 8 GRATE EACH 1 INLETS, TYPE A 2' DIA, TYPE R-3015 OR T1 F CL EACH 9 INLETS, TYPE A 2' DIA, TYPE R-3286-8V EACH 2 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 12"W/GRATE EACH 2 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 15"W/GRATE EACH 1 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 18"W/GRATE EACH 2 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 21"W/GRATE EACH 1 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 24"W/GRATE EACH 0 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 27" W/GRATE EACH 0 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 36" W/GRATE EACH 0 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 60" W/GRATE EACH 0 MANHOLES, TYPE A, 4' DIAMETER, R-3501 EACH 0 MANHOLES, TYPE A, 4' DIAMETER, TYPE 1 FRAME OPEN LID EACH 2 MANHOLES, TYPE A, 4' DIAMETER, TYPE 1 FRAME CLOSED LID EACH 10 MANHOLES, TYPE A, 5' DIAMETER, TYPE 1 FRAME OPEN LID EACH 1 MANHOLES, TYPE A, 5' DIAMETER, TYPE 1 FRAME CLOSED LID EACH 1 MANHOLES, TYPE A, 6' DIAMETER, TYPE 1 FRAME OPEN LID EACH 0 MANHOLES, TYPE A, 6' DIAMETER, TYPE 1 FRAME CLOSED LID EACH 3 MANHOLES, TYPE A, 8' DIAMETER, TYPE 1 FRAME CLOSED LID EACH 0 8 - INCH WATER MAIN FOOT 2,811 16 - INCH WATER MAIN FOOT 0 1/14/2014 Exhibit A Spreadsheet.xls.xls Page 1 of 2 EXHIBIT A AUTUMN CREEK SUBDIVISION -UNIT 1B UNITED CITY OF YORKVILLE FIRE HYDRANTS EACH 8 8"VALVE AND VALVE BOX EACH 8 5' DIA VALVE VAULT AND 16 "VALVE EACH 0 1" SINGLE FAMILY WATER SERVICE INCLUDING TRENCH BACKFILL (LONG) EACH 0 1" SINGLE FAMILY WATER SERVICE INCLUDING TRENCH BACKFILL (SHORT) EACH 0 4" MULTI-FAMILY WATER SERVICE W/4"VALVE AND VALVE BOX (LONG) EACH 1 4" MULTI-FAMILY WATER SERVICE W/4"VALVE AND VALVE BOX (SHORT) EACH 1 6" SANITARY SEWER SERVICE, PVC SDR-26 0'-15' DEEP FOOT 0 8" SANITARY SEWER, PVC SDR-26 (0'-15' DEEP) FOOT 1,625 8" SANITARY SEWER, PVC SDR-21 (15'-20' DEEP) FOOT 248 10" SANITARY SEWER, SDR-26 (0'-15' DEEP) FOOT 0 12" SANITARY SEWER, DR-18 C-900 (0'-15' DEEP) FOOT 0 12" SANITARY SEWER, SDR-26 0'-15' DEEP) FOOT 0 16" SANITARY SEWER, DR-18 C-905 (0'-15' DEEP) FOOT 0 4' SANITARY MANHOLES (0'-15' DEEP) EACH 3 4' SANITARY MANHOLES (15'-20' DEEP) EACH 0 4' SANITARY MANHOLES (15'-20' DEEP WITH OUTSIDE DROP) EACH 15 PVC CLEANOUT EACH 29 6" SINGLE FAMILY SANITARY SEWER SERVICE (LONG) EACH 0 6" SINGLE FAMILY SANITARY SERVICE (SHORT) EACH 0 6" MULTI-FAMILY SANITARY SEWER SERVICE (LONG) EACH 2 6" MULTI-FAMILY SANITARY SEWER SERVICE (SHORT) EACH 2 BIKE PATH 8' WIDTH 2" OVERLAY WITH 8"AGGREGATE BASE) SQ. YD. 1,927 BIKE PATH 10' WIDTH (2" OVERLAY WITH 8"AGGREGATE BASE) SQ. YD. 0 STREET SIGNS EACH 4 STREET LIGHTS/WIRING EACH 7 SHADE TREES - PARKWAY EACH 126 ORNAMENTAL TREES - PARKWAY EACH 3 1/14/2014 Exhibit A Spreadsheet.As.As Page 2 of 2 HRGreen UNIT 2 _ E ! U N1'T 2 Q it +1 I U IT 'I ILI A 4J �� L+.#✓,� � `�'� '� � 'f �� 1l � _.��'�. r�r 'l� i+OlC Sfc FI,VnL P.ni FOP L0 OMiCN5i0rv5�iL .�� . � I ` • r I J n F. inn•nrea ur n�uvsar wNn ns,Lu UNIT 1B / UNIT 1A RESUBDIVISION �I I Exhibit B 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 Autumn Creek Unit 2—On-site, 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 Notary Public 1 Page 1 of 1 Exhibit A Autumn Creek Unit 2 — On-site Roadways Autumn Creek Boulevard Sta. 0+00 to Sta. 17+14 Prairie Grass Lane Sta. 800+00 to Sta. 809+87 Utilities See attached Spreadsheet. EXHIBIT A AUTUMN CREEK SUBDIVISION -UNIT 2 -ON-SITE UNITED CITY OF YORKVILLE UTILITIES UNITS TOTAL STONE RIPRAP, CLASS A3 SQ.YD. 65 HDPE PERF STORM SEWERS, 15" FOOT 170 HDPE PERF STORM SEWERS, 18" FOOT 605 HDPE PERF STORM SEWERS, 21" FOOT 485 HDPE PERF STORM SEWERS, 24" FOOT 502 HDPE PERF STORM SEWERS,27" FOOT 302 STORM SEWERS, CLASS A,TYPE 2, 12" FOOT 735 STORM SEWERS, CLASS A,TYPE 2, 15" FOOT 902 STORM SEWERS, CLASS A, TYPE 2, 18" FOOT 380 STORM SEWERS, CLASS A, TYPE 2, 21" FOOT 800 STORM SEWERS, CLASS A, TYPE 2, 24" FOOT 141 STORM SEWERS, CLASS A, TYPE 2, 27" FOOT 398 STORM SEWERS, CLASS A, TYPE 2, 30" FOOT 36 STORM SEWERS, CLASS A,TYPE 2, 36" FOOT 34 CATCH BASINS, TYPE A 4' DIAMETER EACH 12 CATCH BASINS, TYPE C 2' DIAMETER EACH 4 INLETS,TYPE A 2' DIA EACH 9 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 27"W/GRATE EACH 1 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 30"W/GRATE EACH 1 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 36"W/GRATE EACH 1 MANHOLES, TYPE A,4' DIAMETER EACH 19 MANHOLES, TYPE A, 5' DIAMETER EACH 22 MANHOLES, TYPE A,6' DIAMETER EACH 2 STORM SEWERS, CLASS A, TYPE 2, 18" FOOT 1,003 STORM SEWERS, CLASS A, TYPE 2, 21" FOOT 199 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 18"W/GRATE EACH 1 MANHOLES, TYPE A,4' DIAMETER EACH 7 8- INCH WATER MAIN FOOT 1,031 16- INCH WATER MAIN FOOT 920 FIRE HYDRANTS EACH 6 8"VALVE AND VALVE BOX EACH 4 5' DIA VALVE VAULT AND 16"VALVE EACH 2 1"SINGLE FAMILY WATER SERVICE INCLUDING TRENCH BACKFILL(LONG) EACH 5 1"SINGLE FAMILY WATER SERVICE INCLUDING TRENCH BACKFILL(SHORT) EACH 13 8" SANITARY SEWER, PVC SDR-26 (0'-15' DEEP) FOOT 1,660 8" SANITARY SEWER, PVC DR-18 (0'-15' DEEP) FOOT 726 10" SANITARY SEWER, SDR-26 0'-15' DEEP) FOOT 601 4' SANITARY MANHOLES (0'-15' DEEP) EACH 17 6"SINGLE FAMILY SANITARY SEWER SERVICE (LONG) EACH 14 6"SINGLE FAMILY SANITARY SEWER SERVICE (SHORT) EACH 5 STREET LIGHTS/WIRING EACH 11 1/14/2014 Exhibit A Spreadsheet.xls.xls Page 1 of 1 HRGreen uNIT z 6 G! LA £ - a um 2 - UNIT 1 , '�!o©jQ;ti �;; �!IdGd 4 UNIT 1B / UNIT 1A RESUBDIVISiON Exhibit B 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 Autumn Creek Unit 2 - Earthwork, 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 Page 1 of 1 Exhibit A Autumn Creek Unit 2 — Earthwork Roadways None. Utilities See attached Spreadsheet. EXHIBIT A AUTUMN CREEK SUBDIVISION - UNIT 2- EARTHWORK UNITED CITY OF YORKVILLE UTILITIES UNITS TOTAL STORM SEWERS, CLASS A, TYPE 2, 12" FOOT 173 STORM SEWERS, CLASS A, TYPE 2, 18" FOOT 1,055 STORM SEWERS, CLASS A, TYPE 2, 21" FOOT 199 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 12" W/GRATE EACH 2 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 18"W/GRATE EACH 3 MANHOLES, TYPE A, 4' DIAMETER, TYPE 1 FRAME CLOSED LID EACH 9 1/10/2014 Exhibit A Spreadsheet.xls Page 1 of 1 HRGreen _ UNIT Z ,� I , r r. a UNWT 2 D ,a t4 y 'yV I IT 1 4ttQdt�Q�Cfl' '4 rA I��r�Q li' �I WfW[:J� 4i pis rj{�;,]1�.1-1M4'r' � rr_ srt rs+.a�•ro+u+r:+m�a?wt r+c p �f —— UNIT 1B / UNIT 1A RESUBDIVISiON Exhibit B "—= F _-.1'w �,s 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 Autumn Creek Unit 2B, 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 Page 1 of 1 Exhibit A Autumn Creek Unit 2B Roadways Titus Drive Sta. 900+00 to Sta. 912+99 Utilities See attached Spreadsheet. EXHIBIT A AUTUMN CREEK SUBDIVISION - UNIT 2B UNITED CITY OF YORKVILLE UTILITIES UNITS TOTAL STONE RIPRAP, CLASS A3 SQ. YD. 0 HDPE PERF STORM SEWERS, 10" FOOT 325 HDPE PERF STORM SEWERS, 12" FOOT 324 HDPE PERF STORM SEWERS, 15" FOOT 282 HDPE PERF STORM SEWERS, 18" FOOT 359 HDPE PERF STORM SEWERS, 21" " FOOT 318 STORM SEWERS, CLASS A, TYPE 2, 12" FOOT 270 STORM SEWERS, CLASS A, TYPE 2, 15" FOOT 472 STORM SEWERS, CLASS A, TYPE 2, 18" FOOT 149 CATCH BASINS, TYPE A 4' DIAMETER EACH 5 INLETS, TYPE A 2' DIA EACH 15 MANHOLES, TYPE A, 4' DIAMETER EACH 8 MANHOLES, TYPE A, 5' DIAMETER EACH 3 8 - INCH WATER MAIN FOOT 1,151 FIRE HYDRANTS EACH 6 8"VALVE AND VALVE BOX EACH 2 1" SINGLE FAMILY WATER SERVICE INCLUDING TRENCH BACKFILL (LONG) EACH 10 1" SINGLE FAMILY WATER SERVICE INCLUDING TRENCH BACKFILL (SHORT) EACH 17 8" SANITARY SEWER, PVC SDR-26 (0'-15' DEEP) FOOT 581 8" SANITARY SEWER, PVC DR-18 (0'-15' DEEP) FOOT 234 4' SANITARY MANHOLES 0'-15' DEEP EACH 5 6" SINGLE FAMILY SANITARY SEWER SERVICE (LONG) EACH 15 6" SINGLE FAMILY SANITARY SEWER SERVICE SHORT EACH 10 STREET LIGHTS/WIRING EACH 5 STREET NAME SIGNS EACH 2 STOP SIGN EACH 2 SHADE TREES - PARKWAY EACH 52 ORNAMENTAL TREES - PARKWAY EACH 3 1/14/2014 Exhibit A Spreadsheet.xls Page 1 of 1 HRGreen ;CD UNIT 2 - ,I 2a — . U IT f 1 Ull 1 pia© JlLJ Ll 13 _0� .. h W ' I UNIT 1 B / UNIT 1A RESUBDIVISiON r Exhibit B M °� Reviewed By: Agenda Item Number .'yam Legal ❑ CA#4 Finance ❑ EST. 1 - 1836 Engineer 0 City Administrator El Tracking Number GHuman Resources ❑ s10 Community Development ❑ PW 2014-05 Police F-1 �4E `� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: 2013 Roads to Better Roads Program Meeting and Date: City Council January 28, 2014 Synopsis: Change Order Review Council Action Previously Taken: Date of Action: PW 1/21/14 Action Taken: Moved forward to CC consent agenda Item Number: PW 2014-05 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? Callus Monday-Friday,8:OOam to 4:30pm at 630-553-4350,email us at azendas@yorkville.il.us,post at www.facebook.com/C`i ofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/gov ofcials.php Co. a Memorandum To: Bart Olson, City Administrator EST. � -- 1836 From: Brad Sanderson,EEI Director of Public Works O lid n i N � CC: Eric Dhuse, — p Krysti Barksdale-Noble, Community Dev. Dir. , tKo" Lisa Pickering, Deputy City Clerk Date: January 2, 2014 Subject: 2013 RTBR, MFT Funds —Change Order No. 1 The purpose of this memo is to present Change Order No. 1 for the above referenced project. A Change Order, as defined by in the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and D Construction, Inc. entered into an agreement for a contract value of $232,028.67 for the above referenced project. Construction began on October 2, 2013 and was substantially completed on October 29, 2013. The construction costs are being funded 100%by MFT funds. Questions Presented: Should the City approve Change Order No. 1 which would decrease the contract amount by $38,986.24? Discussion Change Order No. 1 includes additions to the contract quantities to reflect as-built quantities. No additional change orders are anticipated. We anticipate a final contract value of$193,042.43 (16.8% decrease). We are recommending approval of the Change Order. Action Required: Consideration of approval from the City Council for Change Order No. 1. CHANGE ORDER Order No. 1 Date- January 2, 2014 Agreement Date: September 13 2013 NAME OF PROJECT: 2013 RTBR Program — MFT funds OWNER: United City of Yorkville CONTRACTOR: D. Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1) Deduction of Class "D" Patches, 4" 99.1 SY @ $29.40/SY ($2,913.54) 2) Deduction of Bituminous Materials (Prime Coat) 468.0 Gal @ $0.01/Gal ($4.68) 3) Deduction of Aggregate (Prime Coat) 25.0 Ton @ $0.01/Ton ($0.25) 4) Addition of Preperation of Base 450.3 SY @ $0.80/SY $360.24 5) Addition of HMA Surface Removal — Butt Joint 30.0 SY @ $7.00/SY $210.00 6) Deduction of Binder (Hand Method), N50 25.0 Ton @ $80.45/Ton ($2,011.25) 7) Deduction of Binder(Machine Method), N50, 1" 51.5 Ton @ $64.25/Ton ($3,308.88) 8) Deduction of HMA Surface Course, Mix "C, N50, 1.75" 93.5 Ton @ $68.00/Ton ($6,358.00) 9) Addition of PCC Driveway Removal and Replacement 16.2 SY @ $54.40/SY $881.28 10) Deduction of PCC Sidewalk Removal and Replacement 598.0 SF @ $6.70/SF ($4,006.60) 11) Deduction of Detectable Warnings 18.0 SF @ $/SF ($450.00) 12) Deduction of Combination Concrete Curb and Gutter R&R 127.4 LF @ $33.60/1-F ($4,280.64) \\milkyway\EEI_Storage\Docs\Public\Yorkville\2013\YO1314-P 2013 Road Program\Docs\Change Order 1 -MFT.doc 13) Deduction of Aggregate Shoulders, Type B 8.9 ton @ $46.00/Ton ($409.40) 14) Deduction of Sanitary Manholes to be Adjusted 4.0 EA @ $810.00/EA ($3,240.00) 15) Deduction of Restoration 494.8 SY @ $9.00/SY ($4,453.20) 16) Deduction of PCC Sidewalk 5" Special 37.0 SF @ $6.00/SF ($222.00) 17) Deduction of Brick Paver Removal and Replacement 10.0 SY @ $75.00/SY ($750.00) 18) Deduction of Reflective Crack Control 3,179.0 LF @ $1.10/LF ($3,496.90) 19) Addition of Hot Mix Asphalt Surface Removal, 3" 257.7 SY @ $3.00/SY $773.10 20) Deduction of Incidental Hot Mix Asphalt Surfacing 25.0 TON @ $87.00/TON ($2,175.00) 21) Deduction of Binder(Machine Method), N50, 2.25" 48.8 TON @ $64.15/TON ($3,130.52) Change of CONTRACT PRICE: Original CONTRACT PRICE: $232,028.67 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $232,028.67 The CONTRACT PRICE due to this CHANGE ORDER will be DECREASED by: $ 38,986.24 The new CONTRACT PRICE including this CHANGE ORDER will be: $193,042.43 Justification: 1-21) Changes per as-built quantities measured in the field. Change to CONTRACT TIME: The contract time is increased/Qeorea�ed by 0 days. Requested by: D. Construction, Inc_ Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville \\milkyway\EEI_Storage\Docs\Public\Yorkville\2013\YO1314-P 2013 Road Program\Does\Change Order 1 -MFT.doc D C/r- f 0 Memorandum To: Bart Olson, City Administrator EST. 1836 From: Brad Sanderson, EEI :_ CC: Eric Dhuse, Director of Public Works 0� �� O`n Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk LE Date: January 2, 2014 Subject: 2013 RTBR Program, Non-MFT Funds—Change Order No. 1 The purpose of this memo is to present Change Order No. 1 for the above referenced project. A Change Order, as defined by in the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and D Construction, Inc. entered into an agreement for a contract value of $454,955.16 for the above referenced project. Construction began on October 2, 2013 and was substantially completed on October 29, 2013. The construction costs are being funded 100% by the City. Questions Presented: Should the City approve Change Order No. 1 which would increase the contract amount by $13,276.35? Discussion: Change Order No. 1 includes additions to the contract quantities to reflect as-built quantities, as well as the following extras not anticipated prior to construction: 1. After McHugh was milled, the base in several areas showed extreme failure and rutting. Additional milling and undercuts were needed to remove the failed areas and replace it with PGE. After binder was placed, some areas showed additional base failure. These areas were undercut and filled with PGE and asphalt patching. No additional change orders are anticipated. We anticipate a final contract value of $468,231.51 (2.9% increase). We are recommending approval of the Change Order. Action Required: Consideration of approval from the City Council for Change Order No. 1. CHANGE ORDER Order No. 1 Date: January 2, 2014 Agreement Date: September 13, 2013 NAME OF PROJECT:- 2013 RTBR Program - Non-MFT funds OWNER: United City of Yorkville CONTRACTOR: D. Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1) Addition of PGE 824.8 Ton @ $22.00/Ton $18,145.60 2) Addition of 12" Undercuts 268.2 CY @ $31.00/CY $8,314.20 3) Addition of 4" Milling 1471.6 SY @ $2.23/SY $3,281.67 4) Addition of 6" Undercuts 8.4 CY @ $31.00/CY $260.40 5) Addition of 4" Pavement Patching 89.6 SY @ $33.00/SY $2956.80 6) Deduction of Bituminous Materials (Prime Coat) 6,206.0 Gal @ $0.01/Gal ($62.06) 7) Deduction of Aggregate (Prime Coat) 26.0 Ton @ $0.01/Ton ($0.26) 8) Deduction of Preparation of Base 1044.5 SY @ $0.58/SY ($605.81) 9) Addition of HMA Surface Removal - Butt Joint 27.6 SY @ $7.00/SY $193.20 10) Deduction of Binder (Hand Method), N50 25.0 Ton @ $79.90/Ton ($1997.50) 11)Addition of Binder (Machine Method), N50, 4.25" 37.5 Ton @ $62.35/Ton $2,338.13 \\milkyway\EEI_Storage\Docs\Public\Yorkville\2013\YO1314-P 2013 Road Program\Docs\Change Order 1 -Local.doc 12)Addition of HMA Surface Course, Mix "D", N5O, 1.75" 250.0 Ton @ $67.75/Ton $16,937.50 13) Deduction of PCC Driveway Removal and Replacement 74.0 SY @ $54.90/SY ($4,062.60) 14) Deduction of 6" HMA Driveway Removal and Replacement 69.0 SY @ $36.55/SY ($2,521.95) 15) Deduction of PCC Sidewalk Removal and Replacement 1303.2 SF @ $6.75/SF ($8,796.60) 16) Deduction of Detectable Warnings 50.6 SF @ $25.4O/SF ($1,285.24) 17) Deduction of HMA Surface Removal - 6 Inch 1044.5 SY @ $3.35/SY ($3,499.08) 18) Deduction of Combination Concrete Curb and Gutter R&R 282.1 LF @ $33.5O/1-F ($9,450.35) 19)Addition of Combination Aggregate Shoulders, Type B 0.1 Ton @ $45.00/Ton $4.50 20) Deduction of Manholes to be Adjusted 1.0 EA @ $350.00/EA ($350.00) 21) Deduction of Sanitary Manholes to be Adjusted 3.0 EA @ $810.00/EA ($2,430.00) 22)Addition of Valve Boxes to be Adjusted 3.0 EA @ $350.00/EA $1,050.00 23) Deduction of Inlets to be Adjusted 3.0 EA @ $350.00/EA ($1,050.00) 24) Deduction of Restoration 665.7 SY @ $6.50/SY ($4,327.05) 25) Deduction of PCC Sidewalk Removal 42.0 SF @ $1.30/SF ($54.60) 26)Addition of PCC Sidewalk 5" Special 97.1 SF @ $9.50/SF $922.45 27) Deduction of Inlet Type A, Type 3 Frame and Grate 1.0 EA @ $1,100.00/EA ($1,100.00) 28) Deduction of Storm Sewers, ADS N-12, 10" 14.0 LF @ $30.00/1-F ($420.00) \\milkyway\EEI_Storage\Docs\Public\Yorkville\2013\YO1314-P 2013 Road Program\Docs\Change Order 1 -Local.doc 29) Deduction of Brick Paver Removal 50 SF @ $5.50/SF ($275.00) 30)Addition of Crack Sealing 1160 LF @ $1.00/LF $1,160.00 Change of CONTRACT PRICE: Original CONTRACT PRICE: $454,955.16 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $454,955.16 The CONTRACT PRICE due to this CHANGE ORDER will be INCREASED by: $ 13,276.35 The new CONTRACT PRICE including this CHANGE ORDER will be: $468,231.51 Justification: 1-5) After McHugh was milled the base in several areas showed extreme failure and rutting. Additional milling and undercuts were needed to remove the bad areas and replace it with PGE. After binder was placed, some areas showed additional base failure. These areas were undercut and filled with PGE and asphalt patching. 6-30) Changes per as-built quantities measured in the field. Change to CONTRACT TIME: The contract time is increased/Qeerea&ea by 0 days. Requested by:_ D. Construction, Inc. Recommended by: Engineering Enterprises, Inc. 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OPEN Reviewed By: Agenda Item Number .'yam Legal ■ CA#5 Finance ❑ EST. 1 - 1836 Engineer ■ City Administrator ■ Tracking Number GHuman Resources ❑ s10 Community Development ■ PW 2013-62 Police F-1 �4E `� Public Works ■ Parks and Recreation ❑ Agenda Item Summary Memo Title: Subdivision Securities—Reduction Policy Meeting and Date: City Council January 28, 2014 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: PW 1/21/14 Action Taken: Moved forward to CC consent agenda Item Number: PW 2013-62 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? Callus Monday-Friday,8:OOam to 4:30pm at 630-553-4350,email us at azendas@yorkville.il.us,post at www.facebook.com/C`i ofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/gov ofcials.php ♦ok cl�- J 0 0 Memorandum To: City Council E87 1 W6 From: Bart Olson, City Administrator 4 L CC: c Q Date: January 16, 2014 Subject: Subdivision securities—reduction policy Summary Approval of an ordinance amending the City Code as it relates to City Council approval of subdivision security reduction. Background This item was last discussed at the December Public Works Committee meeting. The committee requested a formal ordinance that changes the approval process for security reductions from staff approval below $1,000,000 and City Council approval above $1,000,000 to all reductions approved by staff. The draft ordinance is attached. Upon review of the City Code section as it relates to staff-approved reductions, we realized that the City Council should be receiving quarterly reports on reductions. That has not occurred, so we'll be compiling the last year's reductions and submitting a report in the near future. It is my intent to include this report on the Staff Report on the City Council agenda. Recommendation The City Code on subdivision securities requires any amendments to be brought before the Plan Commission for public hearing. Staff recommends that the attached amendment be forwarded to City Council with a positive recommendation directing the Plan Commission to conduct a public hearing on the amendment. Ordinance No. 2014 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AMENDING THE REQUIREMENTS IN THE YORKVILLE SUBDIVISION CONTROL ORDINANCE REGARDING PROCEDURES FOR THE REDUCTION OF SUBDIVISION SECURITIES WHEREAS,the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 11-7-1 of the Yorkville Subdivision Control Ordinance the Mayor and City Council (the "Corporate Authorities") may initiate amendments to the Yorkville Subdivision Control Ordinance; and, WHEREAS, the Corporate Authorities on authorized the filing of amendments to the Yorkville Subdivision Control Ordinance regarding procedures for the reduction of subdivision securities; and, WHEREAS, the Plan Commission convened and held a public hearing on the day of , 2014, to consider the request to amend the Subdivision Control Ordinance and, WHEREAS,the Plan Commission after the close of the hearing approved findings of fact and made a recommendation to the Corporate Authorities that the proposed amendments be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the above recitals are incorporated and made a part of this Ordinance. Section 2: That Title 11, Chapter 5, Subsection 11-5-2F of the Yorkville City Code, as amended, be and is hereby amended to read a follows: "F. Reduction of Subdivision securities Final acceptance, approval of land improvements and corresponding reduction or release of Letters of Credit and/or Performance Bonds 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 Ordinance No.2014- Page 1 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." Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2014. CITY CLERK CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI CHRIS FUNKHOUSER KEN KOCH LARRY KOT ROSE ANN SPEARS JOEL FRIEDERS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2014. MAYOR Ordinance No.2014- Page 2 20-Jan-14 2013 Bond and Letter of Credit Reduction Report Date Development/Project Reduction Final Release Reduction Value Remaining Balance 1/8/2013 Bristol Bay-Unit 5 X $72,671.07 $0.00 1/8/2013 Autumn Creek 1A, 1B& 1C X $333,333.92 $930,022.20 2/26/2013 Autumn Creek 1A- Resubdivision X $225,331.34 $38,905.71 2/26/2013 Autumn Creek 2B X $149,676.37 $138,564.73 2/28/2013 Rush-Copley Stormwater Phase 1A X $35,822.83 $0.00 5/28/2013 Nicor-259 Commercial Drive X - $0.00 5/29/2013 Cozy Corner X $9,450.98 $0.00 5/29/2013 Cozy Corner X $92,711.35 $0.00 8/14/2013 Rush-Copley Stormwater Phase 1A&Storm Retrofits X $77,757.50 $8,000.00 11/27/2013 Rush-Copley Stormwater Conveyance System X $54,474.04 $0.00 12/10/2013 Blackberry Woods X $55,968.39 $528,192.00 12/11/2013 Briarwood X $155,000.00 $0.00 12/11/2013 Prairie Gardens- Resub. of Lot 4 X $164,784.74 $0.00 Staff Approved A. Co. Reviewed By: Agenda Item Number i JZ 001% Legal ❑ Minutes#1 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ❑ Tracking Number Human Resources ❑ "$ �© Community Development ❑❑ CC 2014-04 Police ALE � � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the City Council—January 14, 2014 Meeting and Date: City Council—January 28, 2014 Synopsis: Approval of Minutes Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Lisa Pickering 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(avorkville.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 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS 800 GAME FARM ROAD ON TUESDAY,JANUARY 14,2014 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Deputy City Clerk Pickering called the roll. Ward I Colosimo Present Koch Present Ward II Milschewski Present Kot Present Ward III Funkhouser Present Frieders Present Ward IV Spears Absent Teeling Present Also present: Deputy City Clerk Pickering,Attorney Gardiner, City Administrator Olson, Chief of Police Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson, Community Development Director Barksdale-Noble, Building Code Official Ratos, and EEI Engineer Sanderson. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Water Department Reports for August, September, and October 2013 (PW 2013-57) 2. Route 34 McDonald's—Grant of Easement-authorize the Mayor and City Clerk to execute (PW 2013-58) 3. MFT Resolution 2014-01 for Route 47 Project-authorize the City Clerk to execute (PW 2013-59) 4. Safe Routes to School—Call for Projects -authorize staff to submit grant application for 2013-2014 SRTS Call for Projects(PW 2013-60) 5. Kendall Crossing Acceptance and Security Reduction-accept public improvements for water main, sanitary sewer, storm sewer and signage as described in the Bill of Sale for ownership and maintenance and authorize release of the existing security deposit, subject to verification that the developer has no outstanding debt owed to the City for this project and subject to receipt of a performance guarantee in the amount of$51,512.50(PW 2013-61) 6. Monthly Treasurer's Report for November 2013 (ADM 2013-67) 7. Health Insurance Broker—authorize staff to use Better Business Planning as the City's health insurance broker(ADM 2013-69) 8. Resolution 2014-02 Approving a Revised Fund Balance Policy-authorize the Mayor and City Clerk to execute(ADM 2013-61) Mayor Golinski entertained a motion to approve the consent agenda. So moved by Alderman Funkhouser; seconded by Alderman Kot. Amendment approved unanimously by a viva voce vote. MINUTES FOR APPROVAL Mayor Golinski entertained a motion to approve the minutes of the regular City Council meetings for November 26, 2013 and December 10,2013, as presented. So moved by Alderman Funkhouser; seconded by Alderman Koch. Motion unanimously approved by a viva voce vote. The Minutes of the Regular Meetina of the City Council—January 14,2014—Paae 2 of 3 BILLS FOR PAYMENT (Informational): $3,744,473.11 and$3,106,831.46 REPORTS MAYOR'S REPORT Petition for Disconnection of Land—Hoover Forest Preserve (CC 2014-03) Mayor Golinski said that the City had received a petition filed by Kendall County requesting that the City de-annex a portion of the Hoover Forest Preserve. He stated that this item is informational at this time, as state law does not allow for action to be taken until thirty days after the petition has been filed. This item will be brought back to the January 28,2014 meeting. PUBLIC WORKS COMMITTEE REPORT Caledonia Letter of Credit Call (PW 2013-43) Mayor Golinski said that this item is informational at this time and will be brought back in May. Administrator Olson commented that the Public Works Committee had reviewed this item and had decided to accept staff's recommendation to delay the letter of credit call discussion until May when the ground won't be covered in snow and the developer has the opportunity to finish the completion of the punch list items. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2014-01 Approving Second Amendment to Annexation Agreement and Planned Unit Development Agreement(Westbury Village) (PC 2013-15) Alderman Koch made a motion to approve an Ordinance Approving Second Amendment to Annexation Agreement and Planned Unit Development Agreement(Westbury Village) and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski. Alderman Funkhouser said that the proposed agreement states that any time any new residential dwelling unit is permitted for construction and occupancy is established for at least sixty(60) days within one-eight (1/8)mile of the compost facility operation,the City shall serve notice to the new owner and composter establishing a timeframe for closure to occur within three(3)years of such notice or at the end of the five (5)year term of this agreement,whichever is longer. Alderman Funkhouser asked that instead of the sixty days which is noted in the agreement, could it be changed to say immediately after the issuance of the certificate of occupancy with the exception of"spec homes". Alderman Funkhouser made a motion to amend the agreement to remove the sixty day timeframe and change it to immediately after issuance of a certificate of occupancy,with the exception of a"spec home"; seconded by Alderman Kot. Alderman Colosimo asked if the sixty day time frame was removed,then what would be in place as a subsequent triggering mechanism in the case of a"spec home". Discussion took place as to what options would be available as a subsequent triggering mechanism. It was mentioned that it could be when the sale of the property took place; however,that option would require staff to continuously check property records. Alderman Colosimo asked if once a certificate of occupancy is issued if there was typically any contact with the city after that. Director Barksdale-Noble said that once final occupancy is granted,the building department is rarely involved unless the property owner is going to do work on their property that would involve getting a permit from the city. Administrator Olson said that property owners have contact with the city when they contact the city to put the city utilities in the current property owner's name; however, if the builder chose to keep the utilities in the builder's name for a while,the city would not have any notice that the home went from a"spec home"to being occupied. Alderman Colosimo said that he favors the agreement the way is it currently written,but he would be open to a compromise from sixty days to a smaller window such as thirty days. Alderman Funkhouser asked if the sixty day timeframe was based off the date the occupancy permit was issued and Director Barksdale-Noble responded that was correct. Alderman Frieders asked if staff thought that it was very likely that a"spec home"would be built within one-eighth of a mile of the Green Organics composting operation. Director Barksdale-Noble responded that it while it was a possibility due to the way the Westbury development is currently planned, staff does not expect that to happen within the next five years. Alderman Funkhouser said that if no one has any ideas about a feasible secondary triggering mechanism,then he thinks that the motion to amend should be withdrawn. Attorney Gardiner said that the motion to amend and the second could both be withdrawn. Alderman Funkhouser withdrew his motion to amend and Alderman Kot withdrew his second of the motion to amend. The Minutes of the Regular Meetina of the City Council—January 14,2014—Page 3 of 3 Original Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Teeling-aye,Frieders-aye,Kot-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. COMMUNITY&LIAISON REPORT Library Mini-Golf Fundraiser Alderman Colosimo reported that the Yorkville Library is going to hold a mini-golf fundraiser in the library on Sunday, January 26,2014 from 11:00 a.m.—4:00 p.m. The fundraiser will feature 18 holes set up throughout the first and second floors of the library. The cost is $5.00 per person. He encouraged everyone to come out and support their local library. Metro West Legislative Dinner Mayor Golinski reported that he had attended the Metro West Legislative Dinner that was held last week. He said that the usual issues were discussed such as public safety pensions, local control and local revenue protection. STAFF REPORT Thank you to Public Works and Parks Staff Public Works Director Dhuse thanked the Public Works and Parks employees for the tremendous job that they have done over the past couple of weeks with keeping the streets plowed of snow and also with dealing with water main breaks in the extreme cold weather that we have had. Library Grants Alderman Teeling mentioned that she had read in the paper that a nearby library had recently received a grant and she wondered if anyone had checked to see if there were any grants that our library might want to apply for. Alderman Colosimo said that he would mention it to the Library Board to see if this is something that they want to look into. ADDITIONAL BUSINESS No report. CITIZEN COMMENTS None. EXECUTIVE SESSION Mayor Golinski said that the City Council was going to adjourn into executive session for litigation. The City Council entered executive session at 7:15 p.m. The City Council returned to regular session at 7:58 p.m. ADJOURNMENT Mayor Golinski adjourned the City Council meeting at 7:59 p.m. Minutes submitted by: Lisa Pickering, Deputy City Clerk, City of Yorkville, Illinois Co. Reviewed By: Agenda Item Number S� ..n Legal : Bills for Payment Finance EST. 1836 Engineer ❑ -�. City Administrator ❑ Tracking Number Human Resources ❑ �0 Community Development ❑ Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Bills for Payment (Informational): $1,086,744.76 Meeting and Date: City Council —January 28, 2014 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None—Informational Council Action Requested: Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 516926 AA000003 DANIEL V. TRANSIER 123113 12/31/13 01 12/04, 12/18, 12/30 ADMIN 01-210-54-00-5467 450.00 02 HEARINGS ** COMMENT ** INVOICE TOTAL: 450.00 * CHECK TOTAL: 450.00 516927 ACCURINT LEXISNEXIS RISK DATA MGMT. 1249304-20131231 12/31/13 01 DECEMBER SEARCHES 01-210-54-00-5462 50.00 INVOICE TOTAL: 50.00 * CHECK TOTAL: 50.00 516928 ADSALARM ALARM DETECTION SYSTEMS INC 158127-010514 01/05/14 01 JAN.-MARCH MONITORING 01-410-54-00-5446 1,292.54 INVOICE TOTAL: 1,292.54 * CHECK TOTAL: 1,292.54 516929 AMERPLAN AMERICAN PLANNING ASSOCIATION 010614 01/06/14 01 ANNUAL DUES FOR PLANNER 1 01-220-54-00-5460 263.00 INVOICE TOTAL: 263.00 CHECK TOTAL: 263.00 516930 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC 0495684-IN 12/27/13 01 SPLICE KIT 01-410-56-00-5640 75.00 INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 516931 ARAMARK ARAMARK UNIFORM SERVICES O1-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE O1-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 1 of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516931 ARAMARK ARAMARK UNIFORM SERVICES 1588350996 01/07/14 01 UNIFORMS 01-410-56-00-5600 23.50 02 UNIFORMS 51-510-56-00-5600 23.50 03 UNIFORMS 52-520-56-00-5600 23.50 INVOICE TOTAL: 70.50 * 1588360072 01/14/14 01 UNIFORMS 01-410-56-00-5600 23.50 02 UNIFORMS 51-510-56-00-5600 23.50 03 UNIFORMS 52-520-56-00-5600 23.50 INVOICE TOTAL: 70.50 * CHECK TOTAL: 141.00 516932 ATT AT&T 6305533436-1213 12/25/13 01 12/25-01/24 CHARGES 01-210-54-00-5440 76.50 INVOICE TOTAL: 76.50 * 6305536805-1213 12/25/13 01 12/25-01/24 SERVICE 51-510-54-00-5440 142.75 INVOICE TOTAL: 142.75 * CHECK TOTAL: 219.25 516933 ATTGLOB AT&T GLOBAL SERVICES, INC. IL813356 01/07/14 01 01/07-07/06 MAINTENANCE 01-110-54-00-5462 1,472.40 02 BILLING ** COMMENT ** INVOICE TOTAL: 1,472.40 CHECK TOTAL: 1,472.40 516934 BCBS BLUE CROSS BLUE SHIELD 010814 01/08/14 01 FEBRUARY 2014 HEALTH INS. 01-110-52-00-5216 4,251.26 02 EO FEBRUARY 2014 HEALTH INS. 01-110-52-00-5235 5,557.83 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 2 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516934 BCBS BLUE CROSS BLUE SHIELD 010814 01/08/14 03 FEBRUARY 2014 HEALTH INS. 01-120-52-00-5216 1,586.50 04 FEBRUARY 2014 HEALTH INS. 01-210-52-00-5216 38,274.98 05 FEBRUARY 2014 HEALTH INS. 01-220-52-00-5216 3,601.78 06 FEBRUARY 2014 HEALTH INS. 01-410-52-00-5216 8,149.09 07 RETIREES FEBRUARY 2014 HEALTH 01-640-52-00-5240 7,277.48 08 INS. ** COMMENT ** 09 FEBRUARY 2014 HEALTH INS. 79-790-52-00-5216 8,581.88 10 FEBRUARY 2014 HEALTH INS. 79-795-52-00-5216 5,556.82 11 FEBRUARY 2014 HEALTH INS. 51-510-52-00-5216 7,657.26 12 FEBRUARY 2014 HEALTH INS. 52-520-52-00-5216 3,485.46 13 FEBRUARY 2014 HEALTH INS. 82-820-52-00-5216 6,350.00 INVOICE TOTAL: 100,330.34 * CHECK TOTAL: 100,330.34 516935 BENNETTG BENNETT, GARY L. 010314 01/03/14 01 6 MONTHS OF BURNING BRUSH 01-540-54-00-5443 600.00 INVOICE TOTAL: 600.00 * CHECK TOTAL: 600.00 516936 CAMBRIA CAMBRIA SALES COMPANY INC. 34540 01/03/14 01 PAPER TOWEL 52-520-56-00-5620 55.50 INVOICE TOTAL: 55.50 * 34565 01/08/14 01 TOILET TISSUE, PAPER TOWEL 01-110-56-00-5610 141.60 INVOICE TOTAL: 141.60 * CHECK TOTAL: 197.10 516937 COLLEPRO COLLECTION PROFESSIONALS INC. 214830-J-123113 12/31/13 01 COMMISSION ON COLLECTIONS 51-510-54-00-5462 480.57 INVOICE TOTAL: 480.57 * CHECK TOTAL: 480.57 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 3 of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516938 COMED COMMONWEALTH EDISON 0185079109-1213 01/07/14 01 11/27-01/03 420 FAIRHAVEN 52-520-54-00-5480 151.02 INVOICE TOTAL: 151.02 * 0435113116-1213 01/06/14 01 12/03-01/04 RT.34&BEECHER LITE 01-410-54-00-5480 108.98 INVOICE TOTAL: 108.98 * 0903040077-1213 12/31/13 01 11/20-12/30 MISC.STREET LIGHTS 01-410-54-00-5480 2,247.55 INVOICE TOTAL: 2,247.55 * 0966038077-1213 01/06/14 01 11/26-01/02 456 KENNEDY RD 01-410-54-00-5480 148.71 INVOICE TOTAL: 148.71 * 2019099044-1213 01/08/14 01 11/12-12/13 BRIDGE ST. WELL 51-510-54-00-5480 42.66 INVOICE TOTAL: 42.66 * 2668047007-1213 12/31/13 01 11/26-12/31 1908 RAINTREE RD 52-520-54-00-5480 345.29 INVOICE TOTAL: 345.29 * 2961017043-1213 01/06/14 01 11/26-12/31 2512 ROSEMONT DR 52-520-54-00-5480 98.82 INVOICE TOTAL: 98.82 * 4085080033-1213 01/02/14 01 11/26-01/02 1991 CANNONBALL 51-510-54-00-5480 413.73 02 TRAIL ** COMMENT ** INVOICE TOTAL: 413.73 * 4449087016-1213 01/08/14 01 11/26-01/03 MISCELLANEOUS LIFT 52-520-54-00-5480 1,700.68 02 STATIONS ** COMMENT ** INVOICE TOTAL: 1,700.68 * 4475093053-1213 01/07/14 01 11/27-01/03 610 TOWER LANE 51-510-54-00-5480 395.52 INVOICE TOTAL: 395.52 * CHECK TOTAL: 5, 652.96 516939 CONSTELL CONSTELLATION NEW ENERGY 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 4 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516939 CONSTELL CONSTELLATION NEW ENERGY 0012921323 01/04/14 01 11/26-01/01 2921 BRISTOL RIDGE 51-510-54-00-5480 3,001.51 INVOICE TOTAL: 3,001.51 * 0012933517 01/05/14 01 11/27-01/02 610 TOWER LANE 51-510-54-00-5480 5,767.64 INVOICE TOTAL: 5,767.64 * 0012956927 01/06/14 01 11/27-01/03 1 COUNTRYSIDE PKWY 51-510-54-00-5480 260.82 INVOICE TOTAL: 260.82 * CHECK TOTAL: 9,029.97 516940 DAVEAUTO DAVID L CHELSEN 21468 01/07/14 01 SQUAD REPAIR 01-210-54-00-5495 459.00 INVOICE TOTAL: 459.00 * 21469 01/07/14 01 SQUAD REPAIR 01-210-54-00-5495 168.00 INVOICE TOTAL: 168.00 * 21485 01/13/14 01 SQUAD REPAIR 01-210-54-00-5495 2,100.00 INVOICE TOTAL: 2,100.00 * 21492 01/14/14 01 SQUAD REPAIR 01-210-54-00-5495 111.00 INVOICE TOTAL: 111.00 * CHECK TOTAL: 2,838.00 516941 DUTEK THOMAS & JULIE FLETCHER 694566 12/23/13 01 HOSE ASSORTMENT 01-410-56-00-5628 103.00 INVOICE TOTAL: 103.00 * 694613 01/07/14 01 PRESSURE WASHER HOSE 01-410-56-00-5640 215.00 INVOICE TOTAL: 215.00 * CHECK TOTAL: 318.00 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 5 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516942 GROUND GROUND EFFECTS INC. 289345 01/13/13 01 SCALE 01-410-56-00-5620 58.00 INVOICE TOTAL: 58.00 CHECK TOTAL: 58.00 516943 HRMPROP HRM PROPERTIES & DEVELOPMENT 010614 01/06/14 01 REFUND REMAINING LEGAL DEPOSIT 90-009-09-00-0011 1,414.95 02 FOR CANNONBALL TRAILS ** COMMENT ** 03 DEVELOPMENT ** COMMENT ** INVOICE TOTAL: 1,414.95 CHECK TOTAL: 1,414.95 516944 IDOT ILLINOIS DEPARTMENT OF 106575 01/16/14 01 RIVER ROAD BRIDGE WORK 23-230-60-00-6075 33,724.23 INVOICE TOTAL: 33,724.23 * CHECK TOTAL: 33,724.23 516945 ILLCO ILLCO, INC. 1255557 01/06/14 01 WATER COOLER REGULATOR 01-410-56-00-5656 20.20 INVOICE TOTAL: 20.20 * CHECK TOTAL: 20.20 516946 ILTOLL ILLINOIS STATE TOLL HIGHWAY G13551036 01/05/14 01 10/01-12/31 TOLLS 01-210-54-00-5415 18.50 INVOICE TOTAL: 18.50 * CHECK TOTAL: 18.50 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 6 of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516947 ILTREASU STATE OF ILLINOIS TREASURER 17 01/15/14 01 RT.47 EXPANSION PYMT#17 15-155-60-00-6079 10,158.33 02 RT.47 EXPANSION PYMT#17 51-510-60-00-6079 10,757.81 03 RT.47 EXPANSION PYMT#17 52-520-60-00-6079 5,564.38 04 RT.47 EXPANSION PYMT#17 88-880-60-00-6079 1,666.67 INVOICE TOTAL: 28,147.19 CHECK TOTAL: 28,147.19 516948 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 026556 12/27/13 01 REPLACE BROKEN ENGINE BELL 01-410-54-00-5490 4,404.60 02 HOUSING ** COMMENT ** INVOICE TOTAL: 4,404.60 CHECK TOTAL: 4,404.60 516949 JIFFY JK ENTERPRISES, INC. 778582 01/09/14 01 OIL CHANGE 01-210-54-00-5495 33.98 INVOICE TOTAL: 33.98 CHECK TOTAL: 33.98 516950 JIMSTRCK JAMES GRIBBLE 148765 11/07/13 01 TRUCK INSPECTION 01-410-54-00-5490 26.00 INVOICE TOTAL: 26.00 149151 12/06/13 01 TRUCK INSPECTION 01-410-54-00-5490 39.00 INVOICE TOTAL: 39.00 149153 12/06/13 01 TRUCK INSPECTION 01-410-54-00-5490 26.00 INVOICE TOTAL: 26.00 149155 12/06/13 01 TRUCK INSPECTION 01-410-54-00-5490 26.00 INVOICE TOTAL: 26.00 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 7 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516950 JIMSTRCK JAMES GRIBBLE 149156 12/06/13 01 TRUCK INSPECTION 01-410-54-00-5490 26.00 INVOICE TOTAL: 26.00 * CHECK TOTAL: 143.00 516951 JOHNSOIL JOHNSON OIL COMPANY IL NP40050961-010114 01/01/14 01 DECEMBER GASOLINE 01-210-56-00-5695 551.15 INVOICE TOTAL: 551.15 * CHECK TOTAL: 551.15 516952 JSHOES JEFFREY L. JERABEK 2432-31 01/13/14 01 BOOTS, 2 BUCKLES 52-520-56-00-5600 207.00 INVOICE TOTAL: 207.00 * CHECK TOTAL: 207.00 516953 KCRECORD KENDALL COUNTY RECORD 28565 12/05/13 01 OFFICE ASSIST. EMPLOYMENT AD 01-110-54-00-5426 51.68 INVOICE TOTAL: 51.68 * 28765 12/12/13 01 OFFICE ASSIST. EMPLOYMENT AD 01-110-54-00-5426 51.68 INVOICE TOTAL: 51.68 * 29036 12/19/13 01 OFFICE ASSIST. EMPLOYMENT AD 01-110-54-00-5426 51.68 INVOICE TOTAL: 51.68 * CHECK TOTAL: 155.04 516954 KCSHERIF KENDALL CO. SHERIFF'S OFFICE 111813-KENDALL 12/27/13 01 KENDALL COUNTY FTA BOND FEE 01-000-24-00-2412 70.00 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 8 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516954 KCSHERIF KENDALL CO. SHERIFF'S OFFICE 111813-KENDALL 12/27/13 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 70.00 * YORK2014 01/14/14 01 2014 ANNUAL RANGE USE FEE 01-210-54-00-5460 500.00 INVOICE TOTAL: 500.00 * CHECK TOTAL: 570.00 516955 KENPRINT ANNETTE M. POWELL 1022 01/03/14 01 500 AUTHORIZATION TO RELEASE 01-210-54-00-5430 102.70 02 IMPOUNDED VEHICLE FORMS ** COMMENT ** INVOICE TOTAL: 102.70 * 1024 01/03/14 01 2 NAMEPLATES, 500 BUSINESS 01-220-56-00-5620 53.00 02 CARDS ** COMMENT ** INVOICE TOTAL: 53.00 * CHECK TOTAL: 155.70 516956 MCKIRGN RANDY MCKIRGAN 76227 12/03/13 01 DIESEL FUEL 01-410-56-00-5695 927.46 02 DIESEL FUEL 51-510-56-00-5695 927.47 03 DIESEL FUEL 52-520-56-00-5695 927.47 INVOICE TOTAL: 2,782.40 * 76284 12/12/13 01 DIESEL FUEL 01-410-56-00-5695 884.19 02 DIESEL FUEL 51-510-56-00-5695 884.19 03 DIESEL FUEL 52-520-56-00-5695 884.20 INVOICE TOTAL: 2,652.58 * 76325 12/23/13 01 DIESEL FUEL 01-410-56-00-5695 1,025.18 02 DIESEL FUEL 51-510-56-00-5695 1,025.18 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 9 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516956 MCKIRGN RANDY MCKIRGAN 76325 12/23/13 03 DIESEL FUEL 52-520-56-00-5695 1,025.19 INVOICE TOTAL: 3,075.55 * 76332 12/16/13 01 KEROSENE 51-510-56-00-5695 217.97 INVOICE TOTAL: 217.97 * CHECK TOTAL: 8,728.50 516957 MCOFFICE MCGRATH OFFICE EQUIPMENT, INC. 103690 01/01/14 01 11/20-12/20 COPIER LEASE 01-110-54-00-5485 195.56 02 11/20-12/20 COPIER LEASE 01-120-54-00-5485 156.44 03 11/20-12/20 COPIER LEASE 01-220-54-00-5485 216.75 04 11/20-12/20 COPIER LEASE 01-210-54-00-5485 457.00 05 11/20-12/20 COPIER LEASE 01-410-54-00-5485 42.00 06 11/20-12/20 COPIER LEASE 51-510-54-00-5485 42.00 07 11/20-12/20 COPIER LEASE 52-520-54-00-5485 42.00 08 11/20-12/20 COPIER LEASE 79-790-54-00-5485 78.13 09 11/20-12/20 COPIER LEASE 79-795-54-00-5485 310.12 INVOICE TOTAL: 1,540.00 103691 01/01/14 01 11/20-12/20 COPIER CHARGES 01-110-54-00-5430 272.73 02 11/20-12/20 COPIER CHARGES 01-120-54-00-5430 90.91 03 11/20-12/20 COPIER CHARGES 01-220-54-00-5430 19.37 04 11/20-12/20 COPIER CHARGES 01-210-54-00-5430 90.35 05 11/20-12/20 COPIER CHARGES 51-510-54-00-5430 1.24 06 11/20-12/20 COPIER CHARGES 52-520-54-00-5430 1.24 07 11/20-12/20 COPIER CHARGES 79-790-54-00-5462 4.06 08 11/20-12/20 COPIER CHARGES 79-795-54-00-5462 119.34 INVOICE TOTAL: 599.24 CHECK TOTAL: 2,139.24 516958 MENLAND MENARDS - YORKVILLE 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 10 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516958 MENLAND MENARDS - YORKVILLE 55659 12/30/13 01 PRO GAS, FIBERGLASS FOIL FACE, 51-510-56-00-5620 46.63 02 HEAT TAPE, MALE ADAPTER, PVC ** COMMENT ** 03 PIPE, ELBOW, COUPLING, CLEANER ** COMMENT ** INVOICE TOTAL: 46.63 * 55683 12/30/13 01 COUPLING, WATER SUPPLY KIT 51-510-56-00-5620 15.68 INVOICE TOTAL: 15.68 * 56699 01/09/14 01 TOTE 01-210-56-00-5620 11.77 INVOICE TOTAL: 11.77 * CHECK TOTAL: 74.08 516959 METIND METROPOLITAN INDUSTRIES, INC. 0000280426 12/24/13 01 DISASSEMBLED RATNTREE LIFT 52-520-54-00-5444 1,118.00 02 STATION, INSTALLED NEW SEAL, ** COMMENT ** 03 SEAL PHORBES & 0-RINGS ** COMMENT ** INVOICE TOTAL: 1,118.00 CHECK TOTAL: 1,118.00 516960 METROWES METRO WEST COG 1530 12/18/13 01 10/24 ANNUAL BOARD MEETING & 01-110-54-00-5412 70.00 02 RECOGNITION DINNER FOR TWO ** COMMENT ** 03 PEOPLE ** COMMENT ** INVOICE TOTAL: 70.00 1537 12/18/13 01 11/21 BOARD MEETING 01-110-54-00-5412 27.00 INVOICE TOTAL: 27.00 CHECK TOTAL: 97.00 516961 NEOUSA NEOPOST USA INC 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516961 NEOUSA NEOPOST USA INC 51274487 01/06/14 01 02/05/14-05/04/14 POSTAGE 01-120-54-00-5485 74.85 02 MACHINE RENTAL ** COMMENT ** INVOICE TOTAL: 74.85 * CHECK TOTAL: 74.85 516962 NICOR NICOR GAS 00-41-22-8748 4-1213 01/07/14 01 12/05-01/07 1107 PRAIRIE LANE 01-110-54-00-5480 28.52 INVOICE TOTAL: 28.52 * 15-41-50-1000 6-1213 01/08/14 01 12/05-01/07 804 GAME FARM RD. 01-110-54-00-5480 615.64 INVOICE TOTAL: 615.64 * 15-63-74-5733 2-1213 01/03/14 01 12/02-01/02 1955 S. BRIDGE ST. 01-110-54-00-5480 29.93 INVOICE TOTAL: 29.93 * 15-64-61-2532 5-1213 01/07/14 01 12/05-01/07 1991 CANNONBALL 01-110-54-00-5480 28.50 02 TRAIL ** COMMENT ** INVOICE TOTAL: 28.50 * 20-52-56-2042 1-1213 01/08/14 01 12/06-01/08 420 FAIRHAVEN 01-110-54-00-5480 76.30 INVOICE TOTAL: 76.30 * 23-45-91-4862 5-1213 01/03/14 01 12/03-01/03 101 BRUELL STREET 01-110-54-00-5480 84.88 INVOICE TOTAL: 84.88 * 31-61-67-2493 1-1213 01/07/14 01 12/05-01/07 276 WINDHAM CIRCLE 01-110-54-00-5480 27.96 INVOICE TOTAL: 27.96 * 45-12-25-4081 3-1213 01/03/14 01 12/02-01/02 201 W. HYDRAULIC 01-110-54-00-5480 341.81 INVOICE TOTAL: 341.81 * 46-69-47-6727 1-1213 01/07/14 01 12/05-01/07 1975 BRIDGE STREET 01-110-54-00-5480 79.10 INVOICE TOTAL: 79.10 * 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 12 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516962 NICOR NICOR GAS 49-25-61-1000 5-1213 01/03/14 01 12/02-01-02 1 VAN EMMON ROAD 01-110-54-00-5480 166.98 INVOICE TOTAL: 166.98 * 62-37-86-4779 6-1213 01/08/14 01 12/06-01/08 185 WOLF ST. 01-110-54-00-5480 158.73 INVOICE TOTAL: 158.73 * 66-70-44-6942 9-1213 01/08/14 01 12/06-01/08 100 RAINTREE RD 01-110-54-00-5480 84.33 INVOICE TOTAL: 84.33 * 80-56-05-1157 0-1213 01/02/14 01 12/02-01/02 2512 ROSEMONT DR. 01-110-54-00-5480 37.30 INVOICE TOTAL: 37.30 * CHECK TOTAL: 1,759.98 516963 OFFWORK OFFICE WORKS 229152 01/03/14 01 EXPO MARKERS 01-220-56-00-5610 12.99 INVOICE TOTAL: 12.99 * CHECK TOTAL: 12.99 516964 OHERRONO RAY O'HERRON COMPANY 1400363-IN 01/03/14 01 CARGO PANTS, JACKET 01-210-56-00-5600 435.86 INVOICE TOTAL: 435.86 * CHECK TOTAL: 435.86 516965 ORRK KATHLEEN FIELD ORR & ASSOC. 14252 01/05/14 01 COUNTRYSIDE BOND MATTERS 87-870-54-00-5420 3,281.25 INVOICE TOTAL: 3,281.25 * 14253 01/05/14 01 MISCELLANEOUS CITY MATTERS 01-640-54-00-5456 703.00 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 13 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516965 ORRK KATHLEEN FIELD ORR & ASSOC. 14253 01/05/14 02 COUNTRYSIDE TTF MATTERS 01-640-54-00-5456 47.50 03 GAME FARM RD. MATTERS 23-230-60-00-6073 1,681.50 04 KENDALL MARKET PLACE 01-640-54-00-5456 522.50 05 MEETINGS 01-640-54-00-5456 500.00 06 PARK & REC MATTERS 79-790-54-00-5466 142.50 07 GREEN ORGANICS MATTERS 90-061-61-00-0011 760.00 08 WHISPERING MEADOWS MATTERS 01-640-54-00-5461 845.50 09 WINDETT RIDGE MATTERS 01-640-54-00-5456 47.50 INVOICE TOTAL: 5,250.00 * CHECK TOTAL: 8,531.25 516966 PARADISE PARADISE CAR WASH 222690 01/08/14 01 DECEMBER CAR WASHES 01-210-54-00-5495 32.00 INVOICE TOTAL: 32.00 * CHECK TOTAL: 32.00 516967 PATTEN PATTEN INDUSTRIES, INC. P53CO132694 12/24/13 01 ELEMENTS, FILTER 01-410-56-00-5628 50.17 INVOICE TOTAL: 50.17 * P53CO132695 12/24/13 01 ELEMENTS, FILTER 01-410-56-00-5628 160.66 INVOICE TOTAL: 160.66 * CHECK TOTAL: 210.83 516968 QUILL QUILL CORPORATION 8440496 01/07/14 01 ADDING MACHINE TAPE 01-110-56-00-5610 11.99 INVOICE TOTAL: 11.99 * CHECK TOTAL: 11.99 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 14 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516969 R0000220 SARAVANOS PROPERTIES, LLC. 010914 01/09/14 01 REFUND REMAINING LEGAL DEPOSIT 90-053-53-00-0011 1,242.06 02 FOR STAGECOACH CROSSING ** COMMENT ** INVOICE TOTAL: 1,242.06 * CHECK TOTAL: 1,242.06 516970 R0000405 PEGGY TUTOR 122413 01/08/14 01 BEECHER DEPOSIT REFUND 01-000-24-00-2410 100.00 INVOICE TOTAL: 100.00 * CHECK TOTAL: 100.00 516971 R0001153 THE COMMONS OF YORKVILLE 082813 12/27/13 01 BEECHER DEPOSIT REFUND 01-000-24-00-2410 50.00 INVOICE TOTAL: 50.00 * CHECK TOTAL: 50.00 516972 R0001287 TERESA GRANT 102613 01/08/14 01 BEECHER DEPOSIT REFUND 01-000-24-00-2410 50.00 INVOICE TOTAL: 50.00 * CHECK TOTAL: 50.00 516973 R0001288 ARTHUER MEINZER 010814 01/08/14 01 REFUND REMAINING LEGAL DEPOSIT 90-047-47-00-0011 1,937.37 02 FOR LANDSCAPE DEPO PROJECT ** COMMENT ** INVOICE TOTAL: 1, 937.37 CHECK TOTAL: 1,937.37 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 15 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516974 R0001289 WFI-WIRELESS FACILITIES INC. 010614-E 01/06/14 01 REFUND REMAINING ENGINEERING 90-020-20-00-0111 750.26 02 DEPOSIT FOR US CELLULAR ** COMMENT ** 03 VARIANCE ** COMMENT ** INVOICE TOTAL: 750.26 * 010614-L 01/06/14 01 REFUND REMAINING STREET 90-020-20-00-0001 900.00 02 CLEANING DEPOSIT FOR US ** COMMENT ** 03 CELLULAR VARIANCE ** COMMENT ** INVOICE TOTAL: 900.00 * CHECK TOTAL: 1, 650.26 516975 R0001290 PETE OCCHIPINTI 010614 01/06/14 01 REFUND REMAINING LEGAL DEPOSIT 90-054-54-00-0011 339.97 02 FOR THE MCHUGH RD. PROJECT ** COMMENT ** INVOICE TOTAL: 339.97 CHECK TOTAL: 339.97 516976 R0001291 KYLE & KELLY SALEK 010614-E 01/06/14 01 REFUND REMAINING ENGINEERING 90-041-41-00-0111 525.00 02 DEPOSIT FOR SALEK SUBDIVISION ** COMMENT ** 03 PROJECT ** COMMENT ** INVOICE TOTAL: 525.00 010614-L 01/06/14 01 REFUND REMAINING LEGAL DEPOSIT 90-041-41-00-0011 806.75 02 FOR SALEK SUBDIVISION PROJECT ** COMMENT ** INVOICE TOTAL: 806.75 CHECK TOTAL: 1,331.75 516977 R0001292 WRIGLEY CORPORATION 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 16 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516977 R0001292 WRIGLEY CORPORATION 010614-A 01/06/14 01 REFUND REMAINING STREET 90-024-24-00-0001 1,000.00 02 CLEANING DEPOSIT FOR WRIGLEY ** COMMENT ** 03 PROJECT ** COMMENT ** INVOICE TOTAL: 1,000.00 * 010614-E 01/06/14 01 REFUND REMAINING ENGINEERING 90-024-24-00-0111 2,280.13 02 DEPOSIT FOR WRIGLEY PROJECT ** COMMENT ** INVOICE TOTAL: 2,280.13 * CHECK TOTAL: 3,280.13 516978 R0001293 NDB ENTERPRISES, INC. 010614 01/06/14 01 REFUND REMAINING LEGAL DEPOSIT 90-011-11-00-0011 264.25 02 FOR SUNFIELD VARIAINCE ** COMMENT ** INVOICE TOTAL: 264.25 CHECK TOTAL: 264.25 516979 R0001294 NICHOLAS COLON 011414 01/14/14 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371 184.49 02 BILL FOR ACCT#0103257040-03 ** COMMENT ** INVOICE TOTAL: 184.49 CHECK TOTAL: 184.49 516980 RSMITS R. SMITS & SONS 010314 01/03/14 01 2013 LEAF DISPOSAL 01-540-54-00-5443 4,320.00 INVOICE TOTAL: 4,320.00 CHECK TOTAL: 4,320.00 516981 RT47AUTO RT.34 AUTO & TRANSMISSION 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 17 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516981 RT47AUTO RT.34 AUTO & TRANSMISSION 1647 01/02/14 01 OIL CHANGE 01-210-54-00-5495 30.00 INVOICE TOTAL: 30.00 * 1651 01/03/14 01 SYNTHETIC OIL CHANGE 01-210-54-00-5495 40.40 INVOICE TOTAL: 40.40 * CHECK TOTAL: 70.40 516982 RUSH RUSH-COPLEY MEDICAL CENTER 010614 01/06/14 01 REFUND REMAINING STREET 90-013-13-00-0001 5,000.00 02 CLEANING DEPOSIT FOR RUSH- ** COMMENT ** 03 COPLEY STORMWATER PROJECT ** COMMENT ** INVOICE TOTAL: 5,000.00 CHECK TOTAL: 5,000.00 516983 SPEEDWAY SPEEDWAY 1001542438-0114 01/10/14 01 DECEMBER 2014 GASOLINE 79-790-56-00-5695 1,457.94 02 DECEMBER 2014 GASOLINE 79-795-56-00-5695 31.50 03 DECEMBER 2014 GASOLINE 01-210-56-00-5695 5,799.89 04 DECEMBER 2014 GASOLINE 51-510-56-00-5695 1,228.57 05 DECEMBER 2014 GASOLINE 52-520-56-00-5695 1,228.57 06 DECEMBER 2014 GASOLINE 01-410-56-00-5695 1,228.56 07 DECEMBER 2014 GASOLINE 01-220-56-00-5695 76.06 INVOICE TOTAL: 11,051.09 * CHECK TOTAL: 11,051.09 516984 STERLING STERLING CODIFIERS, INC. 14595 01/01/14 01 2014 HOSTING FEE 01-110-54-00-5451 500.00 INVOICE TOTAL: 500.00 * CHECK TOTAL: 500.00 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 18 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516985 STEVENS STEVEN'S SILKSCREENING 6510 01/14/14 01 EMBROIDERY 01-210-56-00-5600 36.00 INVOICE TOTAL: 36.00 * CHECK TOTAL: 36.00 516986 STREICH STREICHERS I1067209 01/07/14 01 SHIRTS, PANTS 01-210-56-00-5600 113.96 INVOICE TOTAL: 113.96 * CHECK TOTAL: 113.96 516987 SUBURBAN SUN-TIMES MEDIA 199209-010614 01/06/14 01 ANNUAL SUBSCRIPTION RENEWAL 01-110-54-00-5460 114.40 INVOICE TOTAL: 114.40 * CHECK TOTAL: 114.40 516988 SUBURLAB SUBURBAN LABORATORIES INC. 33966 12/30/13 01 COLIFORM 51-510-54-00-5429 65.00 INVOICE TOTAL: 65.00 * CHECK TOTAL: 65.00 516989 TRAFFIC TRAFFIC CONTROL CORPORATION 0000063373 01/07/14 01 LED GREEN BALLS, NIPPLE 01-410-56-00-5640 155.50 02 COLLARED POLY BLACK ** COMMENT ** INVOICE TOTAL: 155.50 CHECK TOTAL: 155.50 516990 VERIZON VERIZON WIRELESS 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 19 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516990 VERIZON VERIZON WIRELESS 9717623321 01/01/14 01 DECEMBER CELL PHONE CHARGES 01-220-54-00-5440 150.08 02 DECEMBER CELL PHONE CHARGES 01-210-54-00-5440 631.49 03 DECEMBER CELL PHONE CHARGES 79-790-54-00-5440 124.10 04 DECEMBER CELL PHONE CHARGES 79-795-54-00-5440 120.06 05 DECEMBER CELL PHONE CHARGES 51-510-54-00-5440 203.33 06 DECEMBER CELL PHONE CHARGES 01-410-54-00-5440 134.07 07 DECEMBER CELL PHONE CHARGES 52-520-54-00-5440 82.55 08 HANDS-FREE COMPLIANCE DEVICES 01-220-56-00-5620 134.97 09 HANDS-FREE COMPLIANCE DEVICES 01-210-56-00-5620 719.84 10 HANDS-FREE COMPLIANCE DEVICES 79-790-56-00-5620 166.59 11 HANDS-FREE COMPLIANCE DEVICES 79-795-56-00-5620 133.28 12 HANDS-FREE COMPLIANCE DEVICES 51-510-56-00-5620 177.43 13 HANDS-FREE COMPLIANCE DEVICES 01-410-56-00-5620 124.95 14 HANDS-FREE COMPLIANCE DEVICES 52-520-56-00-5620 72.47 INVOICE TOTAL: 2, 975.21 * CHECK TOTAL: 2, 975.21 516991 VITOSH CHRISTINE M. VITOSH 1599 01/08/14 01 GREEN ORGANICS PUBLIC HEARING 90-061-61-00-0011 135.28 INVOICE TOTAL: 135.28 * 1605 01/10/14 01 JANUARY 08 ADMIN HEARING 01-210-54-00-5467 100.00 INVOICE TOTAL: 100.00 * CHECK TOTAL: 235.28 516992 WAREHOUS WAREHOUSE DIRECT 2186686-0 01/06/14 01 CALENDAR, FASTENERS 01-210-56-00-5610 32.79 INVOICE TOTAL: 32.79 * 2191187-0 01/10/14 01 PHONE BOOK, POST-IT NOTES 01-220-56-00-5610 69.19 INVOICE TOTAL: 69.19 * 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 20 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516992 WAREHOUS WAREHOUSE DIRECT 2191751-0 01/10/14 01 ENVELOPES 01-110-56-00-5610 49.25 INVOICE TOTAL: 49.25 * CHECK TOTAL: 151.23 516993 YBSD YORKVILLE BRISTOL 123113SF 01/08/14 01 DECEMBER 2013 SANITARY FEES 95-000-24-00-2450 284,069.61 INVOICE TOTAL: 284,069.61 * CHECK TOTAL: 284,069.61 516994 YORKACE YORKVILLE ACE & RADIO SHACK 150299 10/02/13 01 CAR BULB 01-410-56-00-5628 3.49 INVOICE TOTAL: 3.49 * 151362 01/03/14 01 TUBE BRAID 01-410-56-00-5656 3.58 INVOICE TOTAL: 3.58 * 151363 01/03/14 01 KEYS FOR TREATMENT PLANT 51-510-56-00-5638 15.94 INVOICE TOTAL: 15.94 * 151446 01/13/14 01 ROLLER FRAME, SOAP 01-410-56-00-5656 22.47 INVOICE TOTAL: 22.47 * CHECK TOTAL: 45.48 516995 YORKECON YORKVILLE ECONOMIC DEV 5166 12/16/13 01 2014 ANNUAL MEMBERSHIP 01-220-54-00-5486 46,800.00 INVOICE TOTAL: 46,800.00 * CHECK TOTAL: 46,800.00 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 21 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516996 YORKNAPA YORKVILLE NAPA AUTO PARTS 060988 12/10/13 01 WIPER BLADES 01-410-56-00-5628 95.28 INVOICE TOTAL: 95.28 * 060991 12/10/13 01 SOLENOID 01-410-56-00-5628 26.39 INVOICE TOTAL: 26.39 * 061008 12/10/13 01 MERCHANDISE RETURN CREDIT 01-410-56-00-5628 -47.52 INVOICE TOTAL: -47.52 * 061009 12/10/13 01 WINTER DEFENSE 01-410-56-00-5628 55.14 INVOICE TOTAL: 55.14 * 061060 12/10/13 01 EMERGENCY LAMP, DIELECT 01-410-56-00-5628 15.77 02 SILICONE COMP. ** COMMENT ** INVOICE TOTAL: 15.77 * 061185 12/11/13 01 WINDSHIELD WASHER SOLVENT 01-210-56-00-5620 16.14 INVOICE TOTAL: 16.14 * 061677 12/16/13 01 FUSE 01-410-56-00-5628 4.69 INVOICE TOTAL: 4.69 * 062412 12/23/13 01 WIPER BLADES 01-210-56-00-5620 9.03 INVOICE TOTAL: 9.03 * 062916 12/31/13 01 GASKET MATERIAL 01-410-56-00-5628 17.39 INVOICE TOTAL: 17.39 * CHECK TOTAL: 192.31 516997 YORKPDPC YORKVILLE POLICE DEPT. 011014 01/10/14 01 APPAREL FOR ACADEMY 01-210-56-00-5600 110.33 INVOICE TOTAL: 110.33 * CHECK TOTAL: 110.33 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 22 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/22/14 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 09:19:42 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/28/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516998 YOUNGM MARLYS J. YOUNG 121713 01/06/14 01 DEC.17 PW COMMITTEE MEETING 01-110-54-00-5462 50.75 02 MINUTES ** COMMENT ** INVOICE TOTAL: 50.75 * 121913 01/05/14 01 DEC.19 ADMIN MEETING MINUTES 01-110-54-00-5462 39.50 INVOICE TOTAL: 39.50 * CHECK TOTAL: 90.25 TOTAL AMOUNT PAID: 582,766.57 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 23 Of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/08/14 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 14:30:22 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/08/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 51617 ORRK KATHLEEN FIELD ORR & ASSOC. 14210 12/05/13 01 MISCELLANEOUS CITY LEGAL 01-640-54-00-5456 3, 695.50 02 MATTERS ** COMMENT ** 03 AUTUMN CREEK 01-640-54-00-5456 95.00 04 BLACKBERRY WOODS 01-640-54-00-5456 475.00 05 COUNTRYSIDE TIF 87-870-54-00-5420 997.50 06 DOWNTOWN BUSINESS DISTRTICT 88-880-54-00-5466 285.00 07 HUDSON LAKES 01-640-54-00-5456 76.00 08 WINDETT RIDGE 01-640-54-00-5456 617.50 09 MEETINGS 01-640-54-00-5456 1,000.00 10 PARK & REC LEGAL MATTERS 79-790-54-00-5466 665.00 11 GREEN ORGANICS 90-061-61-00-0011 712.50 INVOICE TOTAL: 8,619.00 CHECK TOTAL: 8, 619.00 TOTAL AMOUNT PAID: 8, 619.00 O1-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE O1-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 24 of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/14/14 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 15:38:38 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/14/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 516922 RAGIWAVE RAGING WAVES 11314 01/13/14 01 2013 ADDMISSIONS TAX REBATE 01-000-24-00-2487 103,719.51 INVOICE TOTAL: 103,719.51 CHECK TOTAL: 103,719.51 TOTAL AMOUNT PAID: 103,719.51 O1-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE O1-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 25 of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 01/15/14 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 14:33:10 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 01/15/14 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 516923 CONOVERD DIANE CONOVER PARCEL GF02 01/08/14 01 GAME FARM RD PARCEL GF022 15-155-60-00-6073 16,400.00 02 RIGHT OF WAY ** COMMENT ** INVOICE TOTAL: 16,400.00 CHECK TOTAL: 16,400.00 516924 R0001295 ANN MCNELIS PARCEL GF017 01/07/14 01 GAME FARM RD PARCEL GF017 15-155-60-00-6073 17,000.00 02 RIGHT OF WAY ** COMMENT ** INVOICE TOTAL: 17,000.00 CHECK TOTAL: 17,000.00 TOTAL AMOUNT PAID: 33,400.00 get -d- 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE O1-120 FINANCE 15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 26 of 28 11-111 FOX HILL SSA 25-225 PARKS RECREATION CAPITAL 82-820 LIBRARY OPERATIONS UNITED CITY OF YORKVILLE PAYROLL SUMMARY 1/17/2014 REGULAR OVERTIME TOTAL IMRF FICA TOTALS MAYOR & LIQ. COM. $ 808.34 $ - $ 808.34 $ - $ 61.84 $ 870.18 CLERK 418.33 - 418.33 1.40 1.40 421.13 TREASURER 51.67 - 51.67 6.00 3.76 61.43 ALDERMAN 3,200.00 - 3,200.00 278.88 240.40 3,719.28 ADMINISTRATION 9,912.73 - 9,912.73 1,152.59 694.69 11,760.01 FINANCE 7,369.18 - 7,369.18 856.30 540.57 8,766.05 POLICE 85,982.74 7,013.45 92,996.19 521.93 6,831.18 100,349.30 COMMUNITY DEV. 8,828.05 - 8,828.05 1,009.78 643.85 10,481.68 STREETS 11,353.84 5,850.77 17,204.61 1,999.25 1,270.04 20,473.90 WATER 11,989.27 - 11,989.27 1,393.08 878.78 14,261.13 SEWER 6,216.82 - 6,216.82 722.40 464.78 7,404.00 PARKS 15,953.36 - 15,953.36 1,853.77 1,189.75 18,996.88 RECREATION 9,418.25 - 9,418.25 1,062.02 694.90 11,175.17 LIBRARY 14,562.89 - 14,562.89 1,086.86 1,082.71 16,732.46 TOTALS $ 186,065.47 $ 12,864.22 $ 198,929.69 $ 11,944.26 $ 14,598.65 $ 225,472.60 TOTAL PAYROLL $ 225,472.60 27 of 28 UNITED CITY OF YORKVILLE CITY COUNCIL BILL LIST SUMMARY Tuesday, January 28, 2014 PA YROLL DATE BI-WEEKLY 1/17/2014 $220,400.58 ELECTED OFFICIAL 1/17/2014 $5,072.02 TOTAL PAYROLL $225,472.60 ACCOUNTS PAYABLE MANUAL CHECK-#516917-KATHY ORR-NOVEMBER BILLING MATTERS 1/8/2014 $8,619.00 MANUAL CHECK-#516922-RAGING WAVES-2013 ADMISSION TAX REBATE 1/14/2014 $103,719.51 MANUAL CHECK-#516923-CONOVER GAME FARM RD.PARCEL#GF022 ROW 1/15/2014 $16,400.00 MANUAL CHECK-#516924-MCNELIS GAME FARM RD.PARCEL#GF017 ROW 1/15/2014 $17,000.00 BILLS LIST 1/28/2014 $582,766.57 TOTAL BILLS PAID $728,505.08 DEB T SER VICE PA YMEN TS # US BANK-IRBB 2003B INTEREST PMT 1/27/2014 $31,023.75 # US BANK-IRBB 2003B PRINCIPAL PMT 1/27/2014 $100,000.00 # US BANK-IRBB 2003B TRUSTEE FEE 1/27/2014 $1,336.33 # US BANK-IRBB 2003B BANK FEE 1/27/2014 $407.00 TOTAL WIRE TRANSFERS $132,767.08 TOTAL DISBURSEMENTS $1 ,086,744.76 *ACH Payments #Wire Payments 28 of 28 Reviewed By: Agenda Item Number Legal Mayor#1 Finance ❑ EST `� 1836 Engineer ❑ City Administrator N Tracking Number '{ L1 C0 Human Resources El 0� Community Development ❑ ��ou� � CC 2014-03 Police ❑ SCE �� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Petition for disconnection of land, Hoover Forest Preserve Meeting and Date: City Council—January 28, 2014 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? Callus Monday-Friday,8:OOam to 4:30pm at 630-553-4350,email us at azendas@yorkville.il.us,post at www.facebook.com/C`i ofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/gov ofcials.php ♦ok cl�- J 0 0 Memorandum To: City Council E87 1 W6 From: Bart Olson, City Administrator 4 L CC: c Q Date: January 24, 2014 Subject: Hoover deannexation ordinance �LLE ►�' Summary Approval of an ordinance deannexing a portion of the Hoover Forest Preserve. Background Attached is the petition filed by Kendall County Forest Preserve District for deannexation of a portion of the Hoover Forest Preserve. The property to be considered for deannexation encompasses the 6.9 acres surrounding the Hoover Forest Preserve lodge. Attorney Orr has drafted the attached deannexation ordinance. Once approved by the City Council, the property will revert to County control and the City would no longer have jurisdiction over police, zoning, and liquor licensing matters. Deannexation of the property does not impact contiguity of any adjacent City property. Recommendation Staff recommends approval of the attached deannexation ordinance. Ordinance No. 2014 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS DISCONECTING CERTAIN TERRITORY FROM THE BOUNDARIES OF THE UNITED CITY OF YORKVILLE,ILLINOIS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, a duly executed PETITION FOR DISCONNECTION OF LAND FROM THE UNITED CITY OF YORKVILLE, executed by Jeff Wehrli, President of the Kendall County Forest Preserve District, the owner of record has been filed with the City, requesting that certain real estate consisting of 6.941 acres (the "Territory") currently within the boundaries of the City be disconnected from the City; and, WHEREAS,there are no electors residing within said Territory: and, WHEREAS, there are no City taxes or assessments levied upon said Territory that are due and owing as certified by Debbie Gillette, Clerk and Recorder of Kendall County; and, WHEREAS, said Territory is located upon the border of the City but within the boundaries of the City; and, WHEREAS, no less than thirty (30) days have passed since the filing of the aforesaid Petition with the Clerk of the City and all other necessary legal requirements have been satisfied, specifically Section 7-3-4 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the City that said Territory be disconnected from the boundaries of the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No.2014- Page 1 Section 1: That the Territory consisting of 6.9481 acres, legally described on Exhibit A attached hereto and made a part hereof and depicted on the Map of Territory prepared by Philip D. Young dated April 22, 2013, also attached, is hereby disconnected from the boundaries of the City. Section 2: That the City Clerk is hereby directed within thirty (30) days from the effective date of this Ordinance to record or cause to be recorded with the Office of the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance with attachments. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2014. CITY CLERK CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI CHRIS FUNKHOUSER KEN KOCH LARRY KOT ROSE ANN SPEARS JOEL FRIEDERS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2014. MAYOR Ordinance No.2014- Page 2 EXHIBIT A Legal Description and Property Index Number(s) 'al PETITION FOR DISCONNECTION OF LAND FR nr^ THE UNITED CITY OF YORKVILLE 1 . The Kendall County Forest Preserve District is the legal owner of record orV e following described property, which is presently located in the jurisdiction of the United City of Yorkville, Kendall County, Illinois: That part of the South Half of Section 31 , Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northeast Corner of Lot 10 in "Fox Glen, Kendall Township, Kendall County, Illinois"; thence North 21 °41 '02" West, along the northerly extension of the Easterly Line of said Lot 10, a distance of 100.78 feet to the North Line of the former Burlington Northern and Santa Fe Railroad; thence North 61 ° 10'23" East, along said North Line, 770. 11 feet for the point of beginning; thence North 17°30'25" West, 469. 13 feet; thence South 61 ° 10'23" West, 704 feet; thence South 28°49'37" East, 460 feet to said North Line of the former Burlington Northern and Santa Fe Railroad; thence North 61 ° 10'23" East, along said North Line, 611 .92 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois, and containing 6.9481 acres (See Exhibit A attached). 2. As owner of record, The Kendall County Forest Preserve District hereby petitions the corporate authorities of the United City of Yorkville to allow for the disconnection of the above described property pursuant to 65 ILCS 5/7-3-4, which allows any territory within a municipality, which is upon the border but within the boundaries of the municipality, to be disconnected from the municipality, in the discretion of its corporate authorities, upon petition by the property's owner of record. 3 . In requesting this disconnection, the Kendall County Forest Preserve District attaches to this Petition a certificate from the Kendall County Clerk, which demonstrates that no city taxes or assessments are due and owing at this time. (See Exhibit B attached). Page 1 of 2 4. The above described property meets all of the statutory requirements for disconnection under 65 ILCS 5/7-3 -4 as it is currently within the boundaries of the United City of Yorkville, while on the border of the municipality, and it has no city taxes or assessments due and owing. 5 . Petitioner requests that following no less than 30 days after filing of this Petition, the City Council pass an Ordinance in which said property described above is disconnected from the municipality and its jurisdiction pursuant to 65 ILCS 5/7-3 -4. KENDALL CO OREST PRESERVE By: J f Wehrle Title: President, Kendall County Forest Preserve District Date: Attest: /7 V & Page 2 of 2 Map of Territory De —Annexed from THE UNITED CITY OF YORKVILLE Kendall County Illinois State of Illinois County of Kendall SS I I, Phillip D. Young, an Illinois Professional Land Surveyor and an officer of Phillip D. Young and Associates, Inc., state that I have prepared this plot. Dated April 22, 2013 at Yorkville, Illinois 90h� Z Phi . Young � ,vp Z� ��e at Illinois Professional Land Surveyor c�6� - °� i°'v NN No. 2678 (Expires 11 /30/14) 6a1 7e r,as IVA g ^ i '- '• ''' o"o' a+ U1:. I' r e to O'° W ye -.,r,,,.. TRACT TO BE REMOVED FROM THE CORPORATE LIM1TS OF THE UNITED CITY OF YORKVILLE, 6. 9481 Acres N Na. s / ��. 1 y E \ �6` 1 Rood Crossing — ° tD - SCALE ,\ d 3E ,n9/ 1 n= 1 00, A GJ9 of o Nef\`/�) r t,• �,m• P` t at I ° _ R G C�5/ 5 °I� - yp1o1 / / Found 6 6 Gmox°,P°e 7 monument LEGAL DESCRIPTION OF TRACT TO BE REMOVED FROM THE s, Northeast Corner CORPORATE 'LIMITS OF THE UNITED CITY OF YORKVILLE, of Lot m, Fox KENDALL COUNTY, ILLINOIS: Glen, Kendall f°wnshlp, Kendall That Part of the South Half of Section 31 , Township 37 County, I?nols — North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northeast -I O Corner of Lot 10 in "Fox Glen, Kendall Township, Kendall County, Illinois"; thence North 21 '41 '02" West, along the northerly extension of the Easterly Line of said XLot 10, a distance of 100.78 feet to the North Line of the /ll_ /\V/ former Burlington Northern and Santa Fe Railroad; thence North 61' 10'23" East, along sold North Line, q 770.11 feet for the point of beginning; thence North f 17'30'25" West, 469. 13 feet; thence South 61' 10'23" West, 704.0 feet; thence South 28'49.37" East, 460.0 feet to said North Line of the former Burlington Northern and Santo Fe Railroad; thence North 61' 10'23" East, along Fox Glen said North Line, 611 .92 feet to the point of beginning in Court the United City of Yorkville, Kendall County, Illinois, 12 r l and containing 6.9481 acres. JOB NO. 13043 EXHIBIT 11078 South Bridge Street JOB NAME KCFPD Phillip D . fates , Inc . Yorkville, Illinois 60560 DWG FILE 13043 LAND SURVEYING Llo.# 184-002775 Telephone 630553-1580 CERTIFICATION I, Debbie Gillette, the Kendall County Clerk and Recorder, hereby certify that the following property which is located within Parcel Number 02-31 -300-012, in the United City of Yorkville, Kendall County, Illinois, currently has no city taxes or assessments due or owing at the time of the filing of its Petition to Disconnect: That part of the South Half of Section 31 , Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northeast Cotner of Lot 10 in "Fox Glen, Kendall Township, Kendall County, Illinois"; thence North 21 °41 '02" West, along the northerly extension of the Easterly Line of said Lot 10, a distance of 100. 78 feet to the North Line of the former Burlington Northern and Santa Fe Railroad; thence North 61 ° 10 '23" East, along said North Line, 770. 11 feet for the point of beginning; thence North 17°30'25" West, 469. 13 feet; thence South 61 ° 10 '23 " West, 704 feet; thence South 28°49'37" East, 460 feet to said North Line of the former Burlington Northern and Santa Fe Railroad; thence North 61 ° 10'23" East, along said North Line, 611 .92 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois, and containing 6.9481 acres FURTHER, Affiant sayeth not. Debbie Gillette SUBSCRIBED and, SnW�ORN To before me this �� day of December, 2013 . NOTARY PUBLIC OFFICIAL SEAL MARSHA L MOSS NOTARY PUBLIC STATE OF ILLINOIS MY COMMIFSION EXPIRES 0712W'd EXHIBIT Map of Territory De —Annexed from THE UNITED CITY OF YORKVILLE Kendall County Illinois State of Illinois SS County of Kendall I, Phillip D. Young, on Illinois Professional Land Surveyor and an officer of Phillip D. Young and Associates, Inc., state that I have prepared this plot. Dated April 22, 2013 at Yorkville, Illinois Phi . Young o- Illinois Professional Land Surveyor No 2678 (Expires 11 /30/14) _ dhY ° all °`oke - TRACT TO BE REMOVED FROM THE CORPORATE LIMITS OF THE UNITED CITY OF YORKVILLE, 6. 9481 Acres N s Nom• a / o. piD. e0ealgen \lay 6,�K 92 ° F y 1023E -- ol SCALE °,µ,`° 6 oti3g°f 6M (t° e 1 "= 100' � � °— der\y/) `F °Y °1\r aceY m. o e f \ 6 6 QB"`el\`°6 Maaumenl LEGAL DESCRIPTION OF TRACT TO BE REMOVED FROM THE s m°dhe°st Corner CORPORATE LIMITS OF THE UNITED CITY OF YORKVILLE, orn or Cot m, orn KENDALL COUNTY, ILLINOIS: Fox Glen, KenCall Townsnlp, Keno°u That Part of the South Half of Section 31 , Township 37 County, Illinois North, Range 7 East of the 'hird Principal Meridian described as follows: Commencing at the Northeast Corner of Lot 10 in "Fox Glen, Kendall Township, 10 Kendall County, Illinois'; thence North 21 '41 '02° West, along the northerly extension of the Easterly Line of said X Lot 10, a distance of 100.78 feet to the North tine of the /!\V/ former Burlington Northern and Sento Fe Railroad; /lJ_ thence North 61' 10.23" East, along said North Line, q 770.11 feet for the point of beginning; thence North 17'30'25•' West, 469. 13 feet; thence South 61 ' 10'23" West, 704.0 feet; thence South 2874937" East, 460.0 feet 9 to said North Line of the former Burlington Northern and /\ Santa Fe Railroad; thence North 61 ' 10.23° East, along Fox Glen said North Line, 611 .92 feet to the point of beginning in COU/ I the United City of Yorkville, Kendall County, Illinois, q 1Z L and containing 6.9481 acres. JOB N0. 13043 Pp D . Inc . 11073 South Bridge Street Phillip JOB NAME KCFPD EXHIBIT fates 1 Yorkville, Illinois 60560 DWG FILE 13043 LAND SUEYING LIc. 184-002775 RV Tole hone 630553-1580 AL N e W . E t < �< S IL1 Y sra.. b f v r R � 0� u i � r �• r, Fo. M a p o f T e r r i t o r y D e - A n n ex e d f r o m The United City of Yorkville Kendall County , Illinois A. Co. Reviewed By: Agenda Item Number i �Z 1 001% Legal ❑ Mayor#2 Finance ❑ EST. 1836 Engineer ❑ - City Administrator ■ Tracking Number Human Resources ❑ "$ �© Community Development : CC 2014-05 Police ALE � � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Appointment of Freedom of Information Officer—Amber Rasmusson Meeting and Date: City Council—January 28, 2014 Synopsis: Appointment of an additional FOIA Officer for the Police Department. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Rich Hart Police 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/Cityofforkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://www;vorkville.il.us/gov o zcials.php Reviewed By: Agenda Item Number Legal ❑ Mayor#3 Finance ❑ EST. 1 - 1836 Engineer ❑ City Administrator ■ Tracking Number GHuman Resources ❑ 0 Community Development ❑ 2014-06 Police ❑ �4E `� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: BUILD Permit Program Meeting and Date: City Council—January 28, 2014 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Jeff Weckbach Administration Name Department Agenda Item Notes: Have a question or comment about this agenda item? Callus Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at azendas@yorkville.il.us,post at www.facebook.com/C`i ofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/gov ofcials.php ♦ok cl�. J 0 0 Memorandum To: Administration Committee E87 1 W6 From: Jeff Weckbach, Administrative Intern G L Bart Olson, City Administrator c Q Date: January 21, 2014 L." Subject: BUILD Program Summary: Update on current issues surrounding the BUILD program. Background: The BUILD program is an incentive program designed to spur new home construction throughout Yorkville. This program was initially created in March of 2012 and was renewed in July 2012 and March of 2013. It is set to expire in March of 2014. The BUILD program is structured to rebate a portion of the development fees to an individual who decides to build a single family home within Yorkville. The rebate can be up to $10,000, with up to $5,000 of the rebate coming from the City and$5,000 coming from the developer. While the original BUILD program guidelines did not include a formal ranking of fees to be drawn down, we have proposed a formal ranking below. Renew the BUILD Program? In March of 2013 the City Council decided to renew the BUILD program for one year, with no limitation on the number of permits issued. This was the second time that the program was approved by the Council. Below is a comparative analysis of how the program has performed for your review when considering extension of the program for an additional year. The bar chart below compares the number of B.U.I.L.D. permits to non-B.U.I.L.D. new single- family residential permits issued from January 2013 and December 2013. In each month, with the exception of July, the B.U.I.L.D. permits have out-paced or matched the number of traditional building permits issued. In 2012, there were 46 BUILD permits issued, and in 2013, there were 47 BUILD permits issued. The total number of single family residential permits issued this year is up to 83, which is 16 more total permits than last year. This is the highest since 2008. Also, 81% of the individuals who participated in the BUILD program stated that the program was very or extremely influential in their decision to purchase a new home in Yorkville. This is an increase from last year(72%). In addition, 73% of these individuals also agree that they would not have moved to Yorkville if they could not participate in the BUILD program. This is a decrease from last year(80%). Windett Ridge Regardless of whether the BUILD Program is renewed past March 2014, we have a current inquiry from Ryland Homes to participate in the BUILD program. However, the Windett Ridge subdivision currently does not generate a large enough dollar amount in building permit fees to meet the $5,000 threshold. Our example shows that City fees alone equate to $2,709.20. Even including other fees such as BKFD, Library and Schools, the total only reaches $3,159.20. The issue is whether or not we wish to include only City fees in the rebate, or reduce the portion of these fees which are granted to outside entities. One solution is to keep the program as it currently is and rebate only the City portion of the impact fees. This would mean that the individual would receive a lesser rebate from the BUILD program. The attachment titled Sample Fee Windett Ridge illustrates this option and its fee ranking. The second option is to rebate the fees from each entity in addition to the City rebated portion. These fees could be rebated at a certain percentage for all entities, say 80%. This would still generate some revenue for the other governments; however they would be receiving a lesser amount. Attorney Orr has opined that the City is within its legal right to artificially reduce the payments to non-City entities. Autumn Creek A similar issue has occurred in Autumn Creek. In this subdivision,building permit fees are above $5,000 and typically are around$8,000. Currently the City rebates all of their impact fees and does not rebate any of the school district, BKFD, or Library fees. These entities fees typically amount to approximately$2,500. This means that almost all of the City fees, which include fees for water meter costs and various inspections, are rebated to the BUILD program participant. When the program was first initiated, there were a number of fees that the City was not planning on rebating. Therefore, the same two options for BUILD program allocations exist in Autumn Creek. Recommendation Staff feels the BUILD program has been successful in drawing new residents to Yorkville, and recommends that it be renewed for another year. If the Council decides to renew the BUILD program for another year, staff will draft an ordinance and bring it to the next City Council meeting for approval. For the Windett Ridge discussion, we recommend that the Ryland be allowed to participate in the BUILD program to the extent that they generate building permit fees. We make no specific recommendation on the all-City vs. inclusion of other entities option, and seek the Council's input. If the latter option is recommended by the City Council, it would be our intent to notify the effected entities formally before implementation. B . U . I . L . D . Survey Analysis United City of Yorkville January 22, 2014 How influential was the incentive Do you agree you would have not in your decision to purchase a new moved to Yorkville this year if not home in Yorkville? for the program? 16% 3% 24% ■Extremely Influential 20% Strongly Agree ■Very Influential Somewhat Agree 31% 50%# ■Somewhat Influential Somewhat Disagree -Not Influential at All Strongly Disagree 49% How easy or complicated was the Which of the following builder contribution program process? options would you have preferred instead of the matching $5,000 in cash? 3% 1% 23% Very 8% $5,000 in Closing Costs Understandable/Easy $5,000 towards a Down Somewhat o 35% payment Understandable/Easy 17/0 $5,000 in Builder Somewhat Upgrades Confusing/Difficult Very Confusing/Difficult 17% No Change 73% Other 23% How did you hear about the Which Builder? B.U.I.L.D. program incentive? 35 30 5% 3% 25 1% Builder � 20 1 49/66% Friend 0 CL 15 Newspaper 10 Website 5 . ■Realtor 0 81% ■Other Centex Greyer McCue Pulte Builder Were you looking in other communities to Where did you relocate from? purchase or build a home before choosing s Yorkville? 7 6 23% 5 a 0 4 v a 3 1=Yes ■No 2 1 - 2 � � 77% o o un v c > Q = an c v = > L u •o M C w o Q moo v� U p C7 v a U c (U u C7 Z �o bD v) m D o v n How do you plan on spending your Would you recommend this incentive money? program to a friend? 3% •Purchase furniture or goods 27% ■Use towards debt/bills A, ■Yes Save or Invest it ■No •Other Additional Comments From Participants "Great program and it was a great perk for moving to Yorkville." "Great incentive in theory but the way the builder handled did not make the BUILD program very beneficial." "Thank you, nice incentive to a New Home Buyer to welcome them to a new area." "Good program -very motivating." "Everyone was wonderful and we will tell everyone." "We had intended to build a house in Gates Creek in Oswego." "It's been a ten year dream to move closer to our children. We are from small town Iowa where everything is less expensive and while our home brought good money there -not so much for buying a home here. The new home was a lifelong dream and so this incentive was of tremendous value to us. Thank you so much." "Good incentive to keep new construction going in tough economic times." "I think the B.U.I.L.D. program was very well put together and I think many more people will relocate - should the program continue" "This is a wonderful way to incentivize people to build in Yorkville. It makes you feel so welcome and already at home in a community of friends." "Very easy--Builder did all the work." Building Permits Issued Per Year 800 753 NSINGLE FAMILY DETACHED OSINGLE FAMILY ATTACHED 700 600 572 -a = 500 470 4A E 401 a 400 C 360 3 300 284 Z 200 153 100 83 68 56 67 42 43 10 22 22 18 3 6 8 6 0 0 0 0 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Type of Building Permits Issued Comparison in 2013 December MB.U.I.L.D.Single Family Dwelling Permit NRegular Single Family Dwelling Permit November I October September August July June May April March February Total Amount for Fiscal Year 2013 B.U.I.L.D.Single Family Dwelling Permits-47 Regular Single Family Dwelling Permits-34 January 0 1 2 3 4 5 6 7 8 Number of Permits Issued YORKVILLE Building Department 800 GAME FARM RD. YORKVILLE, IL 60560 Tel # (630) 553-8545 Fax # (630) 553-7264 Issue Date : 09/20/2013 Permit#20130485 Applied for : 09/17/2013 Type : SINGLE-FAMILY DETACHED Expires : 09/20/2014 Parcel # Address : 2434 WYTHE PL Owner : RYLAND HOMES 05-09-179-006 1141 E MAIN ST STE 108 YORKVILLE, IL EAST DUNDEE, IL 60118 Building Value : $ 143,620.00 Unit Square Footage : 3,146 FEE SCHEDULE BUILDING PERMIT SQUARE FOOTAGE $ 629.20 BUILDING PERMIT FEE $ 650.00 WATER METER COST- DETACHED $ 435.00 WATER & SEWER INSPECTION FEE $ 25.00 PUBLIC WALKS/DRIVE INSPECT FEE $ 35.00 PUBLIC WORKS CAPITAL FEE 8/04 $ 450.00 POLICE CAPITAL FEE 8/04 $ 150.00 LIBRARY DEVELOPMENT FEE 8/04 $ 150.00 BRISTOL-KENDALL FIRE FEE $ 300.00 WINDETT RIDGE SCHOOL LC $ 0.00 PLUMBING INSPECTION FEE $ 135.00 TEMPORARY CERTIFICATE $ 200.00 SUBTOTAL FEES $ 3,159.20 PAYMENTS $ 3,159.20 BALANCE DUE 0.00 20130485 YORKVILLE Building Department 800 GAME FARM RD. YORKVILLE, IL 60560 Tel # (630) 553-8545 Fax # (630) 553-7264 Issue Date : 11/04/2013 Permit#20130554 Applied for : 10/26/2013 Type : BUILD INCENTIVE PROGRAM SFD Expires : 11/04/2014 Parcel # Address : 1122 MIDNIGHT PL Owner : PULTE GROUP 02-22-173-015 1901 N ROSELLE RD YORKVILLE, IL SCHAUMBURG, IL 60195 Building Value : $ 143,174.00 Unit Square Footage : 4,211 FEE SCHEDULE BUILDING PERMIT SQUARE FOOTAGE $ 842 .20 BUILDING PERMIT FEE $ 650.00 WATER METER COST-ATTACHED $ 590.00 SEWER CONNECTION FEE - CAPITAL $ 0.00 SEWER CONNECTION FEE - OPS $ 0.00 WATER & SEWER INSPECTION FEE $ 25.00 PUBLIC WALKS/DRIVE INSPECT FEE $ 35.00 PUBLIC WORKS CAPITAL FEE $ 700.00 POLICE CAPITAL FEE $ 300.00 BUILDING CAPITAL FEE $ 150.00 LIBRARY DEVELOPMENT FEE $ 500.00 PARK & REC CAPITAL FEE $ 50.00 ENGINEERING CAPITAL FEE $ 100.00 BKFD FEE (12/5/05) $ 1,000.00 AUTUMN CREEK PARKS LC SF $ 1,025.57 AUTUMN CREEK SCHOOL LC SF $ 1,061.52 WATER CNXN AUTUMN CREEK SF-DU $ 1,330.00 PLUMBING INSPECTION FEE $ 135.00 BUILD INCENTIVE PROGRAM $ 5,000.00 SUBTOTALFEES 13,494.29 PAYMENTS $ 13,494.29 BALANCE DUE $ 0.00 20130554 Co. Reviewed By: Agenda Item Number .� ,• .► Legal ❑ PW#1 Finance ■ EST. 1836 Engineer ■ -�. City Administrator ■ Tracking Number Human Resources ❑ G'A X0 Community Development ❑ PW 2014-06 Police ❑ Public Works ■ Parks and Recreation ❑ Agenda Item Summary Memo Title: Road to Better Roads 5-year plan update Meeting and Date: City Council —January 28, 2014 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Direction on FY 15 plan, Discussion on FY 16 and FY 17 plan 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 agendasL&vorkville.il.us post at www.facebook.com/CityofYorkville tweet us at @CityofYorkville,and/or contact any ofyour elected officials at htW.//www.vorkville.il.us/ovoticials.php ♦ok cl�. J 0 0 Memorandum To: City Council E87 1 W6 From: Bart Olson, City Administrator 4 L CC: c Q Date: January 23, 2014 Subject: Road to Better Roads �LLE ►�' Summary Discussion and direction on the FY 15 Road to Better Roads program and discussion on the FY 16 through FY 19 Road to Better Roads plan. Background This item was last discussed at the January 21 Public Works Committee meeting. At that meeting, the City Council recommended that we proceed with the scaled back FY 15 Road to Better Roads program as discussed in the attached memo. They expressed some concern over the long-term cost of the program and its impact on water and sewer rates, and suggested that the entire City Council review both the FY 15 recommendations and the long-term plan options. For the ongoing plan funding, the conversation ended with a debate over whether the needed water and sewer infrastructure improvements would be funded by rates on a pay-as-you-basis vs. issuing debt. There are pros and cons for each option,which can be fully discussed as part of the FY 15 budget proposal. In general: 1) Pay-as-you-go a. Pros i. Allows us to quit the program and its payments at anytime. If there's a year where the City Council decides the City or the residents can't afford to pay for improvements, we stop. ii. No money spent on interest. Theoretically, we maintain enough water, sewer, and pavement infrastructure that we should be replacing significant portions of each type of infrastructure each year. For example, we have 82 miles of City- maintained pavement in the City, all of various ages. The average lifespan of a roadway is 20 years which means on average we should be replacing or rehabilitating 4 miles of roadway each year. As you can see in the Public Works materials, most of our roads are in good condition because they have been built in the past 10 years. So, there might be slightly fewer lane miles to work on now than in 10 years from now. This constant demand for replacement and rehabilitation might lead us into a position of not wanting to borrow to pay for any of these projects,because the interest costs on borrowing are needed each year for other projects. b. Cons i. Might be totally impractical if the needed roadway improvements in any given year are very expensive. If we had 20 miles of roads that need to be repaved in 2015, the City taxes and fees needed to pay for this project would be shockingly high. ii. Equity for taxpayers. When the City bonds for a roadway, residents will pay for it during its lifespan. So, if someone moves to Yorkville next year when a road project is bonded and lives here for 20 years, they are paying each year to drive on the specific roadway. Funding a project via pay-as-you-go means each resident pays for the entire project in the first year while the project is completed. If someone moves here next year, they pay for the entire lifespan of the project, even if they move out next year. 2) Bonding a. Pros i. Planned expenses. When the City issues a bond, we get a debt service schedule which gives us long term fixed payments that can be structured to our liking. In past bond issuances, City Councils have issued bonds that have low immediate payments, which allowed the City to push off larger payments into the future when (theoretically) the City will better be able to afford the payments. ii. Large amounts of projects can be completed immediately and the fiscal impact is spread out. This is a con for pay-as-you-go. There might be years where the City has a multi-million dollar project that is impractical to pay for all at once. iii. Equity for taxpayers. If a resident lives here during the lifespan of the project, they will pay for the project. b. Cons i. Interest payments. The City Council relied heavily on bonds in the past, and we are now paying large amounts of interest throughout all departments that could be better spent on operations or capital projects. In FY 14 alone, we will be spending$1.5m on interest payments between the debt service fund, vehicle and equipment fund, water fund, sewer fund, and library debt fund. The majority of the interest payments are in the sewer fund($658,000) and the water fund ($457,000). In the past decade, the City has spent $7,500,000 on interest payments. The majority of the interest payments are in the sewer fund ($2,361,952) and the water fund($3,346,078). ii. Commitment. Once the bond has been issued, the debt service payments must be made. As we've seen in the Rob Roy sewer debt, this can be a difficult to pay for depending on the structure of the debt schedule. Recommendation Staff recommends direction be given on the FY 15 plan as recommended by the Public Works Committee, and seeks discussion on the FY 16 through FY 19 plan. ♦ok cl�. J 0 0 Memorandum To: City Council E87 1 W6 From: Bart Olson, City Administrator c L 1 cc: c Q Date: January 15, 2014 Subject: Road to Better Roads, 5-year plan update Summary Review of two different proposals for the Road to Better Roads 5-year plan. Background This item was last reviewed at the September Public Works Committee meeting. At that meeting, the Public Works Committee reviewed the attached map of roadway and utility improvements. For Summer 2014 (FY 15), the City had tentatively endorsed a plan to complete: 1) Morgan Street from W Fox Rd to Dolph Ct, with water, sanitary sewer, and storm sewer improvements 2) Adrian Street from Blaine St to W Washington St with water, sanitary sewer, and storm sewer improvements 3) W Ridge St from its western terminus to S Main St with water and sanitary sewer improvements 4) Heustis Street from E Orange St to E Fox Rd with water and sanitary sewer improvements 5) W Van Emmon between State St and S Main St 6) W Hydraulic from its western terminus to Morgan St 7) Various other storm sewer improvements adjacent to the areas above At the September Public Works Committee meeting, the one variable on the above list was that we knew the cost was far beyond our original budget amounts for the Road to Better Roads program. When the program was created, we had expected to spend about $1,000,000 per year in total infrastructure improvements. The items above have a total FY 15 estimated value of around$2,100,0001. At the time of FY 14 budget approval, we inserted these costs into the FY 15 budget without a way to pay for them. The intent was for the City to evaluate its ability to pay for these projects during the FY 15 budget proposal, since the FY 13 audit would be completed and the FY 14 numbers would be more concrete. In order to do $2,100,000 worth of Road to Better Roads projects, the City's general fund would have to take a major hit, water rates would have to go up more than 40%, and sewer rates would have to go up more than 15% from FY 14 to FY 15. That would bring the water rates to $18 bi-monthly plus $3.68 per 100 cubic feet and the sewer fees to $20.74 bi-monthly. Purely as an illustration, we have attached a survey of surrounding municipalities and where these fees would rank us (labeled as $2.1m RTBR option). Since the increase would be very steep and would put us at the top of the survey, we are ' $900,000 in pavement and storm sewer costs,spread between MFT and City-wide Capital; $845,000 in the Water Department; $343,000 in the Sewer Department proposing to scale back the FY 15 Road to Better Roads budget to $1.153m2. This results in a more manageable increase in the water and sewer fees. Within the pared back budget proposal, we would suggest dropping Morgan Street improvements entirely, State Street pavement rehab, Heustis St sanitary sewer improvements and Adrian Street sanitary sewer improvements. The resulting program would be: 1) W Hydraulic from its western terminus to Morgan St 2) Adrian Street from Blaine St to W Washington St with water and storm sewer improvements 3) Heustis Street from E Orange St to E Fox Rd with water improvements 4) State Street sanitary sewer improvements 5) Miscellaneous sanitary sewer improvements In order to fund these improvements, the City's annual water sales would have to increase 15% and the sewer maintenance fees would have to increase 3% in FY 15. This would put increase the water rates from$13.11 bi-monthly minimum plus $2.38 per 100 cubic feet to $14.00 bi-monthly minimum plus $2.97 per 100 cubic feet. The sewer rates would have to be increased from $18 bi-monthly to $18.54 bi- monthly. As mentioned above, we have attached a survey of surrounding municipalities. The FY 15 budget proposal is labeled as such. FY 16 and FY 17 Road to Better Roads program While not necessary to finalize in the FY 15 budget, we do need to make some decisions on the FY 16 and FY 17 program in the near future. Specifically, the conversation revolves around the two choices put forth by Public Works and Engineering—one that completes the five-year Road to Better Roads program on its current schedule, or the second that basically inserts East Kendall, West Kendall and Center Parkway as the only road improvements in FY 16 and FY 17. The road rating and the amount of water main breaks on East and West Kendall warrant them to be the next roads completed, however the cost of the improvements are so great we would only be able to do those two roadways for two fiscal years (which means the entire City road system continues to deteriorate). East Kendall's pavement costs are only$311,000 but the water improvements are $787,000. Center Parkway's pavement costs are only$260,000 but the water improvements are $718,000. West Kendall's pavement costs are $700,000 and the water improvements are $1,450,000. Further, while we show these projects as split between two fiscal years, they should be completed simultaneously to achieve the best possible economies of scale. As we've stated above in our brief analysis of water and sewer rates, funding these projects with a water rate increase would cause the City's water rate to increase dramatically. The City could wrap these costs into a bond and pay for them incrementally over a 20-year period, but we have not recommended that given the large amount of capital projects that still must be completed within that 20- year period. To reiterate—no decision is necessary at this time on the plan for FY 16 or FY 17. Recommendation Staff recommends formal direction be given on the FY 15 Road to Better Roads program and discussion on the FY 16 and FY 17 program. 2$600,000 in pavement and storm sewer costs,spread between MFT and City-wide Capital; $353,000 in the Water Department; $200,000 in the Sewer Department Annual Water Rate Comparison YBSD Excluded $800 $700 $600 $500 $400 $300 $200 $100 $- ��°J �J J Annual Sewer, Water, Garbage, and Vehicle Sticker Cost - YBSD Excluded $1,400 $1,200 $1,000 $800 $600 $400 $200 $0 oho a� �� 9�� ,tip �ti Annual Sewer and Water Cost N YBSD Excluded N $1,400 $1,200 N $1,000 N $800 $600 N $400 $200 $0 �J .\�o o eJ OR "R J° O Qua �L °� P a�C�Q O` 41. Q� ��° �, ,tip �ti Annual Total Cost Sewer and Water YBSD Included $1,400 $1,200 $1,000 $800 $600 $400 $200 $0 eJ �J oo oPo' -Ao ati� �ti Annual Total Cost (Water, Sewer, Vehicle, and Garbage) YBSD Included $1,600 — $1,400 $1,200 $1,000 $800 — $600 $400 $200 $0 c, `<� �o�� ROAD TO BETTER ROADS AND UNDERGROUND IMPROVEMENT PROJECTS DRAFT PROGRAM - PROJECT COSTS UNITED CITY OF YORKVILLE KENDALL COUNTY, IL FY2015 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 HYDRAULIC AVENUE $ $ - $ 73,000.00 $ - $ $ 73,000.00 2 ADRIAN STREET $ $ 8,000.00 $ 139,000.00 $ 116,000.00 $ $ 263,000.00 3 HEUSTIS STREET $ 305,000.00 $ 75,000.00 $ - $ 237,000.00 $ 617,000.00 4 STATE STREET $ - $ - $ $ - $ 175,000.00 $ 175,000.00 5 MISC. LOCATIONS I $ - $ - $ $ - rs 25,000.00 $ 25,000.00 SUB-TOTAL $ 305,000.00 $ 83,000.00 $ 212,000.00 $ 353,000.00 $ 200,000.00 $ 1,153,000.00 ROADWAY TOTAL $ 600,000.00 FY2016 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 VAN EMMON STREET $ 24,000.00 $ - $ - $ - $ $ 24,000.00 2 RIDGE STREET $ 149,000.00 $ 60,000.00 $ 368,600.00 $ 577,600.00 3 WASHINGTON STREET $ 116,000.00 $ - $ - $ - $ $ 116,000.00 4 MORGAN STREET $ - $ - $ 84,000.00 $ $ - $ 84,000.00 5 STATE STREET $ $ $ 224,000.00 $ $ $ 224,000.00 6 IMISC. LOCATIONS I $ I $ I $ $ I $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 289,000.00 $ 60,000.00 $ 308,000.00 $ 368,600.00 $ 200,000.00 $ 1,225,600.00 ROADWAY TOTAL $ 657,000.00 FY2017 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 KING STREET $ 115,000.00 $ 30,000.00 $ - $ $ - $ 145,000.00 2 CHURCH STREET $ 153,000.00 $ 30,000.00 $ - $ $ $ 183,000.00 3 SANDERS COURT $ - $ - $ 77,000.00 $ $ - $ 77,000.00 4 APPLETREE COURT $ $ $ 54,000.00 $ 164,000.00 $ $ 218,000.00 5 DIEHL FARM ROAD $ $ - $ 130,000.00 $ - $ - $ 130,000.00 6 IMISC. LOCATIONS I $ I $ I $ $ $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 268,000.00 $ 60,000.00 $ 261,000.00 $ 164,000.00 $ 200,000.00 $ 953,000.00 ROADWAY TOTAL $ 589,000.00 FY2018 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 W.WASHINGTON STREET $ 184,000.00 $ $ - $ $ $ 184,000.00 2 E.WASHINGTON STREET $ - $ - $ 83,000.00 $ $ - $ 83,000.00 3 W. FOX STREET $ 81,000.00 $ $ - $ $ $ 81,000.00 4 E. ORANGE STREET $ - $ - $ 72,000.00 $ $ - $ 72,000.00 5 IMISC. LOCATIONS I $ $ I $ $ I $ 200,000.00 1 $ 200,000.00 SUB-TOTAL $ 265,000.00 $ - $ 155,000.00 $ - $ 200,000.00 $ 620,000.00 ROADWAY TOTAL $ 420,000.00 FY2019 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 E. SPRING STREET $ 287,000.00 $ $ 104,000.00 $ $ - $ 391,000.00 2 MISC. LOCATIONS $ - $ - $ - $ $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 287,000.00 $ - $ 104,000.00 $ - $ 200,000.00 $ 591,000.00 ROADWAY TOTAL $ 391,000.00 Ikon\My Documents\3 Public Works Committee agenda items\1 Jan 2014\[RTBR Summary FYI 5-19 xlsx]SUMMARY-CITY VERSION NOTE:VALUES INCLUDE CONTINGENCY AND ENGINEERING NOTINCLUDED CENTER PARKWAY $ 260,000.00 $ $ Is 718,400.00 1 $ Is 978,400.00 CONOVER COURT $ 78,000.00 $ $ Is 295,000.00 1 $ - Is 373,000.00 POWERS COURT $ 48,000.00 $ $ $ 167,000.00 1 $ Is 215,000.00 ROAD TO BETTER ROADS AND UNDERGROUND IMPROVEMENT PROJECTS DRAFT PROGRAM - PROJECT COSTS UNITED CITY OF YORKVILLE KENDALL COUNTY, IL FY2015 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 HYDRAULIC AVENUE $ $ - $ 73,000.00 $ - $ $ 73,000.00 2 ADRIAN STREET $ $ 8,000.00 $ 139,000.00 $ 116,000.00 $ $ 263,000.00 3 HEUSTIS STREET $ 305,000.00 $ 75,000.00 $ - $ 237,000.00 $ 617,000.00 4 STATE STREET $ - $ - $ $ - $ 175,000.00 $ 175,000.00 5 IMIS C. LOCATIONS I $ - $ - $ $ - $ 25,000.00 $ 25,000.00 SUB-TOTAL $ 305,000.00 $ 83,000.00 $ 212,000.00 $ 353,000.00 $ 200,000.00 $ 1,153,000.00 ROADWAY TOTAL $ 600,000.00 FY2016 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 E. KENDALL $ 311,000.00 $ $ - $ 787,200.00 $ $ 1,098,200.00 2 CENTER PARKWAY $ 260,000.00 $ $ $ 718,400.00 $ $ 978,400.00 3 MISC.LOCATIONS $ - $ $ $ - $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 571,000.00 $ $ $ 1,505,600.00 $ 200,000.00 $ 2,276,600.00 ROADWAY TOTAL $ 571,000.00 FY2017 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 W. KENDALL $ 694,000.00 $ $ - $ 1,452,900.00 $ - $ 2,146,900.00 2 MISC.LOCATIONS $ - $ $ $ - $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 694,000.00 $ $ $ 1,452,900.00 $ 200,000.00 $ 2,346,900.00 ROADWAY TOTAL $ 694,000.00 FY2018 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 CONOVER COURT $ 78,000.00 $ $ - $ 295,000.00 $ $ 373,000.00 2 POWERS COURT $ 48,000.00 $ $ - $ 167,000.00 $ $ 215,000.00 3 VAN EMMON STREET $ - $ $ 24,000.00 $ - $ $ 24,000.00 4 WASHINGTON STREET $ $ $ 116,000.00 $ $ $ 116,000.00 5 MORGAN STREET $ $ $ 84,000.00 $ $ $ 84,000.00 6 MISC. LOCATIONS $ $ $ - $ $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 126,000.00 $ $ 224,000.00 $ 462,000.00 $ 200,000.00 $ 1,012,000.00 ROADWAY TOTAL $ 350,000.00 FY2019 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 RIDGE STREET $ 149,000.00 $ 60,000.00 $ 368,600.00 $ 577,600.00 2 STATE STREET $ 224,000.00 $ - $ $ - $ - $ 224,000.00 3 MISC.LOCATIONS $ - $ - $ $ - $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 373,000.00 $ 60,000.00 $ $ 368,600.00 $ 200,000.00 $ 1,001,600.00 ROADWAY TOTAL $ 433,000.00 FY2020 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 KING STREET $ 115,000.00 $ 30,000.00 $ - $ $ $ 145,000.00 2 CHURCH STREET $ 153,000.00 $ 30,000.00 $ $ $ $ 183,000.00 3 SANDERS COURT $ 77,000.00 $ - $ $ $ $ 77,000.00 4 IMIS C. LOCATIONS $ - $ - $ $ $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 345,000.00 $ 60,000.00 $ $ $ 200,000.00 $ 605,000.00 ROADWAY TOTAL $ 405,000.00 FY2021 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 W.WASHINGTON STREET $ 184,000.00 $ $ - $ $ $ 184,000.00 2 E.WASHINGTON STREET $ 83,000.00 $ $ $ $ $ 83,000.00 3 W. FOX STREET $ 81,000.00 $ $ $ $ $ 81,000.00 4 E.ORANGE STREET $ 72,000.00 $ $ $ $ $ 72,000.00 5 MISC. LOCATIONS $ - $ $ $ $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 420,000.00 $ $ $ $ 200,000.00 $ 620,000.00 ROADWAY TOTAL $ 420,000.00 FY2022 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 E.SPRING STREET $ 391,000.00 $ $ - $ $ - $ 391,000.00 2 MISC.LOCATIONS $ - $ $ $ $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 391,000.00 $ $ $ $ 200,000.00 $ 591,000.00 ROADWAY TOTAL $ 391,000.00 FY2023 ROADWAY No. STREET NON-MFT STORM SEWER MFT WATER MAIN SANITARY SEWER TOTAL 1 DIEHL FARM ROAD $ 130,000.00 $ $ - $ - $ $ 130,000.00 2 APPLETREE COURT $ 54,000.00 $ $ $ 164,000.00 $ $ 218,000.00 3 MISC. LOCATIONS $ - $ $ $ - $ 200,000.00 $ 200,000.00 SUB-TOTAL $ 184,000.00 $ $ $ 164,000.00 $ 200,000.00 $ 548,000.00 ROADWAY TOTAL $ 184,000.00 DO—Wy Documents\3 Public Works Committee agenda Il ems\l Jan 2014\[RTBR Summary FY15-19A..]SUMMARY-CITY VERSION NOTE:VALUES INCLUDE CONTINGENCY AND ENGINEERING Reviewed By: Agenda Item Number .'yam Legal ❑ ADM#1 Finance EST. 1 - 1836 Engineer ❑ City Administrator ■ Tracking Number GHuman Resources ❑ s1 0 Community Development ❑ CC 2014-07 Police F-1 �4E `� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: NIMEC Bid for Electric Accounts Meeting and Date: City Council—January 28, 2014 Synopsis: Please see attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Have a question or comment about this agenda item? Callus Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at azendas@yorkville.il.us,post at www.facebook.com/C`i ofYorkville, tweet us at @CityofYorkville,and/or contact any ofyour elected officials at http://Www;yorkville.iLus/gov ofcials.php o car o Memorandum To: Mayor& City Council EST. leas From: Rob Fredrickson, Finance Director {O L _ Date: January 22, 2014 =p Subject: NIMEC Bid <LE Since 2008 staff has solicited bids from the Northern Illinois Municipal Electric Cooperative (NIMEC) for the purposes of securing an electrical supplier at the lowest possible cost for the City's various water treatment plants, lift stations and wells. Recently NIMEC has contacted staff stating that they will begin soliciting bids from suppliers (Integrys, Constellation and MC Squared)between February 1St and April 1st, depending on market conditions. NIMEC will refrain from bidding, as long as electric rates continue to decline. Once rates begin to trend upward,NIMEC will provide staff with four days advance notice and set a bid date. Once the winning bid has been identified and presented to the City, staff will have approximately 24 hours to decide whether or not to except. This agenda item was originally scheduled to be presented at the January Administration Committee meeting, which was canceled. However, due to time constraints (i.e. bidding could potentially begin February 1St), staff is requesting that the City Council authorize the City Administrator and Finance Director to approve the lowest bid, at their discretion, and to sign contracts to secure the provision of electricity from the lowest bidder as presented by NIMEC for a one or three year period. This authority would be effective only for the current NIMEC bid cycle, which ends April 1, 2014. Rob Fredrickson From: David Hoover[dhoover @nimec.net] Sent: Wednesday, January 08, 2014 2:22 PM To: Rob Fredrickson Cc: Bart Olson Subject: Important: Attachments: NIMEC Bid Fact Sheet.docx Importance: High NIMEC Dear Members, Yes, it is that time of year again, to prepare for the annual NIMEC bid. We will be holding the bid sometime between February 1 and April 1, depending upon market conditions. As long as rates are dropping, we will hold off on the bid, until a market bottom is reached. We will provide 4 days of advance notice once the bid date is set. Because of the commodity nature of the power market, the bids must be accepted on the day of the bid. Therefore, it is imperative that during the month of January, your board delegate signing authority to the appropriate staff to execute the supply agreement. (If your board has previously delegated this authority, no further action is needed at this time.) We are pleased to report that our 3 suppliers have not made any changes to their respective power agreements since the last bid. (We presume if you were satisfied with them last year, you will continue to be satisfied with them for this upcoming bid. However, if you would like to review them again, please let me know.) Below is a list of your accounts that will be included in the upcoming NIMEC bid: City of Yorkville 5031044028 2224 Tremont City of Yorkville 5523132028 2702 Mill Road Please note: if you have plans to close a facility, please let us know. We do not want to contract annually for a facility that will be closed during the year. You may be subject to early termination fees, which we like to avoid. We look forward to our 7t" annual NIMEC bid. You will be hearing more from us as we approach the February 1 date. In addition to the annual bid, we manage the following street light accounts. These accounts are eligible for ComEd's fixed rates, so we will be renewing these in June/July, once ComEd releases its new, annual rates. We will compare our bids to see if we can beat the ComEd rate. If not, we will return the below accounts to ComEd. (We are providing this information at this time, should you wish to get board authorization for all of the NIMEC accounts in 2014.) Street Lights Account# Service Address City of Yorkville 4329092028 421 Poplar Dr Lite, Rate 25, Yorkville City of Yorkville 6933026152 Menard Inc 1 Countryside Pkwy Lite Rt/25, Metered Pkg Lot Lite, Yorkville Finally, we manage the municipal aggregation program. The current agreement expires in July. We will need board authorization for this as well, but its not needed now. Should you wish to approach the board one time for all, please do so. We'll be in touch later in the spring re: the renewal of the aggregation program. Should you have any questions, please let me know. Dave David Hoover Executive Director 847.392-9300 This transmission,together with any attachments,is intended for the named recipient(s)only and may contain information that is privileged,confidential and exempt from disclosure under applicable law.If you are not the intended recipient,you are hereby notified that any disclosure,copying,modification,distribution, publication or use of the information contained herein(including any reliance thereon)is STRICTLY PROHIBITED.If you received this transmission in error,please notify the sender of such and delete this transmission together with any attachments and any copies from any computer immediately.Thank you. 2 NIMEC Bid Fact Sheet • 156 NIMEC members, mostly northern Illinois municipalities • NIMEC member retention rate: 99% • NIMEC's first annual bid: 2008 • Every 3 years, NIMEC offers 1 and 3 year pricing. Next 3 year offer: 2015 • NIMEC solicits bids from Constellation (owned by Exelon), Integrys, and MC Squared. All public companies. • Bids must be accepted by signing power agreement on the day of the bid. • Members are under no obligation to accept the bids. Reviewed By: Agenda Item Number .'yam Legal ❑ ADM#2 Finance ❑ EST. 1 - 1836 Engineer ❑ City Administrator ■ Tracking Number GHuman Resources ❑ 0 Community Development ❑ CC 2014-08 Police F-1 �4E `� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: FNBO Credit Card Program Resolution Meeting and Date: City Council—January 28, 2014 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Have a question or comment about this agenda item? Callus Monday-Friday,8:OOam to 4:30pm at 630-553-4350,email us at azendas@yorkville.il.us,post at www.facebook.com/C`i ofYorkville, tweet us at @CityofYorkville,and/or contact any of your elected officials at http://Www;yorkville.iLus/gov ofcials.php o car o Memorandum EST. 1Z leas To: Mayor& City Council OL ® From: Rob Fredrickson, Finance Director p Date: January 22, 2014 Subject: FNBO Credit Card Program t E The attached resolution authorizes staff to enter into a commercial card(i.e. credit card) agreement with the First National Bank of Omaha(FNBO) and allows the Mayor, City Administrator and Finance Director to instruct FNBO to issue credit cards to City employees. Now that the City has formally approved a Credit Card Policy(Dec. 10th Council meeting), it is the recommendation of staff that the City's Credit Card Program be expanded by partnering with the First National Bank of Omaha(parent company of Castle Bank—main operating bank of the City and Parks &Recreation). This item was originally scheduled to be included on the January Administration Committee (canceled) agenda, however, in order to expedite the implementation of the credit card program it was moved forward by staff to the City Council for consideration. Currently the City uses credit cards issued by Earthmover Credit Union, but staff believes the First National Bank of Omaha program to a better option for the City for two primary reasons. First, instead of having"general" credit cards issued to the City,the new credit cards would be issued to individual employees, which would enhance purchasing controls by allowing management to know exactly what employees are purchasing and when their purchasing it. The other reason for issuing cards to individual employees rather than to the `City" in general, is that if one credit card were to become compromised staff would have the ability to cancel that individual card, without having to deactivate all City cards. Other features of the FNBO credit card program include: • Online Mana me—allows for real-time management of the program(via the City's existing on-line banking system portal at Castle Bank)by allowing staff to: immediately raise and lower individual credit limits; order new or replacement cards; cancel cards; print reports; and place restrictions on where purchases can be made. • Rebate Program—the City would receive a I% return for all purchases made on the card(aggregated at the organizational level). There is also a revenue sharing arrangement that the City would qualify for with$1M in annual spend. • City go—the City logo will be embossed on the front of each card in order to prevent employees from accidentally using the cards for personal use. The resolution, commercial card agreement(Exhibit A) and additional slides highlighting the FNBO Credit Card Program have been attached for your review and consideration. Resolution No. 2014 A RESOLUTION APPROVING A COMMERCIAL CARD AGREEMENT WITH FIRST NATIONAL BANK OF OMAHA AND AUTHORIZE OFFICIALS WHO MAY ISSUE CREDIT CARDS Whereas, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, Whereas, the City desires to enter into an agreement for a commercial card account and related account services from First National Bank of Omaha; and, Whereas, the City must designate those officials who are authorized to instruct First National Bank of Omaha to issue credit cards to employees of the City. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the FIRST NATIONAL BANK OF OMAHA COMMERCIAL CARD AGREEMENT, between First National Bank of Omaha and the United City of Yorkville, attached hereto and made a part hereof by reference as Exhibit A, is hereby approved and Rob Fredrickson, Finance Director, be and is hereby authorized to execute said Agreement on behalf of the City. Section 2: That the officials designated below ("Authorized Officials") are duly holding the office shown and authorized to name the individuals at the City who shall be authorized to instruct First National Bank of Omaha to issue credit cards to one or more employees of the City, and the signatures below are genuine signatures of such persons. Authorized Officials: Gary Golinski, Mayor Bart Olson, City Administrator Rob Fredrickson, Finance Director Section 3: This resolution shall continue to be in full force and effect until express written notice of its rescission, modification or termination has been received by First National Bank of Omaha. Resolution No. 2014- Page 1 Section 4: This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2014. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2014. MAYOR Resolution No. 2014- Page 2 i i FIRST NATIONAL BANK OF OMAHA COMMERCIAL CARD AGREEMENT This Commercial Card Agreement (the "Agreement") is made as of November 1 , 2013 (the "Effective Date") between First National Bank of Omaha (the `Bank") and the undersigned business or governmental entity (the "Company") (each, a `Party" individually, and the "Parties" collectively). References to an article, section or sub-section below refer to the designated segments of this Agreement, unless otherwise indicated. RECITALS A. The Bank is a member of network organizations that process transactions for credit cards and charge cards (each, a "Card Association"), including those cards the Bank issues for commercial use by its customers. B. The Company has requested a commercial card account from the Bank and has directed the Bank to issue ten (10) or more cards and provide related account services for the Company and its employees and agents. C. The Bank is willing to issue commercial cards and provide accounts and related services on the terms and conditions set forth in this Agreement and its attached Schedules, Exhibits and Addendums, which are incorporated in the Agreement by this reference. In consideration of the premises and mutual agreements set forth in this Agreement, the Company and the Bank agree as follows: ARTICLE 1 DEFINITIONS Section 1.1 For purposes of this Agreement, the following terms shall have the meanings indicated below: (a) "Account" means the master account the Bank establishes in the Company's name, associated with Cards the Bank issues to the Company, Employees and Cardholders, and reflecting all Transactions made with Card Accounts of Employees and Cardholders. (b) "Application" means an application, submitted in the form and manner specified by the Bank, requesting that the Bank open the Account or requesting that the Bank issue a Card and open a related Card Account for an Employee or Cardholder. (c) `Bank Affiliate" means all entities that are Controlling, Controlled by or under common Control with the Bank, its parent First National of Nebraska, Inc., the Lauritzen Corporation or any financial services entities controlled by the Lauritzen family. (d) `Browser" means an Internet browser that complies with specifications set forth in the User Guide, used by the Company in connection with the Online Services and the Online Services System. (e) "Card" means any plastic card branded with a Card Association brand that the Bank issues to the Company, an Employee or a Cardholder under the Program. Any reference to use of a Card in the Agreement shall also mean use of its related Card Account. (f) "Card Account" means each sub-account the Bank establishes for Employees and Cardholders under the Account, including those associated with use of a particular Card, those for which the Bank has not issued a Card, and Guaranteed Accounts. (g) "Card Account Statement" means an individual periodic statement the Bank prepares to disclose the applicable balances, Transactions, and Program Fees and Charges for a Card Account at the end of each billing cycle. (h) "Card Association Liability Program" means liability protection insurance coverage a third-party insurer or Card Association may separately agree to provide the Company, to limit the Company's liability for Unauthorized Transactions. (i) "Cardholder" means an Employee designated by the Company or its Program Administrator to receive a Card and who is authorized to use a Card and Card Account, including any person using an Unassigned Card for any reason from time to time. 0) "Cardholder Agreement" means any agreement between the Bank and a Cardholder that governs a Cardholder's use of a Card and Card Account, as amended from time to time, consistent with this Agreement. (k) "Cash Advance" means the use of a Card or any check, instrument, certificate, device or method the Bank permits for access to the Card Account, when used to obtain a cash advance or a Cash Equivalent Transaction or to initiate any Transaction other than one designated as a Purchase by the Bank. Any such Cash Advance can result from transactions made through the Bank, participating financial institutions, ATMs, point of sale terminals, or otherwise, regardless of whether a Card was presented, the Cardholder's signature was obtained, or a personal identification number was assigned to or used by a Cardholder. (1) "Cash Equivalent Transaction" means a Cash Advance obtained through a merchant or service provider that the Card Association has identified as a seller of travelers checks, foreign currency, money orders, wire transfers, lottery tickets, funds used for wagers or gambling, or similar products or services. 13-1160 United City of Yorkville (V I) Page - l - of21 l (m) "Charge Limit' applies to both the Account and each related Card Account, and means the maximum ,' aggregate unpaid balance of all Transactions and Program Fees and Charges that may be outstanding on the Account or the Card Account at any time, as determined by the Bank. (n) "Claim" means: (a) any pre-existing, present or future claim, dispute or controversy that arises from or in any way relates to this Agreement, any Cardholder Agreement, the Account, any Card Account, any Card, the credit the Bank offers or denies to Company, Cardholders and Employees in accordance with this Agreement, any Application, or the benefits, rewards or other products or services that are offered in connection with this Agreement, the Account, any Card Account or any Card; or (b) the acts or omissions of any Party, Bank Affiliate, Company Affiliate, Cardholder and Employee if those acts or omissions affect or relate to this Agreement, the Account, any Card Account, any Card or any benefits, rewards or other products or services related thereto. Claims include, but are not limited to, claims based on contract and tort (including intentional torts), claims made in law or in equity, claims based on constitutional, statutory, regulatory and common law rights, and claims for damages, penalties and injunctive, declaratory or equitable relief. (o) "Class Proceeding" means any Claim or Claims brought by or on behalf of a class, brought in a representative capacity or otherwise on a class basis, or brought in the form of a private attorney general action, regardless of whether they are commenced in court or in arbitration. (p) "Company Affiliate" means all entities that are Controlling, Controlled by or under common Control with the Company. (q) "Company Marks" shall mean the trademarks, service marks, trade names, names, logos, copyrights and other proprietary materials and information owned by Company or a Company Affiliate. (r) "Confidential Information" of the Bank shall have the meaning assigned in Section 16. 1 and "Confidential Information" of the Company shall have the meaning assigned in Section 16.2. (s) "Consolidated Billing Statement" means a periodic statement the Bank prepares to disclose the applicable balances, Transactions, and Program Fees and Charges due from the Company for the Account and all applicable Card Accounts at the end of each billing cycle. (t) "Control' means possessing, directly or indirectly, the power to direct or cause the direction of the management policies or operations of any entity, whether through ownership of voting securities, by contract, or otherwise. (u) "Devices" mean the security codes, passwords, and other security materials required for access to the Online Services System, as further described in the User Guide. (v) "Employee" means an employee, agent, contractor, director, or officer of the Company or a Company Affiliate. (w) "Guarantee" shall have the meaning assigned in Section 2.2. (x) "Guaranteed Account' shall have the meaning assigned in Section 2.2. (y) "Initial Term" shall have the meaning assigned in Section 19. 1 . (z) "Merchant Category Code" means a code that a Card Association has assigned to identify the principal business of a vendor, merchant or other third party that accepts payments from customers made with Cards and Card Accounts. (aa) "Online Account Information" means information about the Program, Account, Card Accounts, Cardholders, Employees, and pending and posted Transactions, which the Bank provides and makes available to the Company in connection with its use of the Online Services System. (bb) "Online Services" shall have the meaning assigned in Section 21 . 1 . (cc) "Online Services Materials" means the User Guide and all other documents and materials the Bank provides or makes available to the Company in connection with its use of the Online Services, the Online Services Software, and the Online Services System. (dd) "Online Services Software" means the software accessible to the Company through the Online Services System, in connection with its use of Online Services. (cc) "Online Services Software License" means the personal, nonexclusive and nontransferable license the Bank grants to the Company, and the Company accepts from the Bank, to use software accessible to the Company through the Online Services System. (ft) "Online Services System" means one or more operating systems, applications, and platforms through which the Bank provides or makes available Online Services to the Company, as described more specifically through the User Guide. (gg) "Operating Rules" mean the operating rules and regulations of a Card Association, the Bank, or both, as amended from time to time. (hh) "Payment Due Date" means the date after each Statement Date for the Account and each Card Account by which payment to the Bank is due from the Company and/or its Cardholders. (ii) "Pricing Schedule" means terms, conditions, and limitations set forth in Schedule A to this Agreement, as amended by the Bank from time to time in accordance with Section 17.2, including all Program Fees and Charges the Company, Employees and Cardholders must pay the Bank and any compensation or incentive payments the Bank must pay the Company. 13-1160 United City of Yorkville (VI) Page - 2 - of 21 0j) "Program" means the commercial card program the Bank establishes for the Company on terms and conditions set forth in this Agreement, through which the Bank opens the Account and permits use of Cards and Card Accounts. (kk) "Program Administrator" means each individual the Company designates as a representative using the Bank's Program Administrator designation form, each of whom is individually authorized to: (i) submit requests for Cards and/or Applications by or on behalf of Employees and Cardholders; (ii) request Charge Limits for individual Cards and Card Accounts (but not an overall Charge Limit for the Account); (iii) request Transaction Limits for individual Cards and Card Accounts; (iv) request cancellation or suspension of individual Cards and Card Accounts; and (v) perform certain administrative duties as described in the Agreement. The Company must designate each Program Administrator in the form and manner required by and acceptable to the Bank, in its sole discretion. (11) "Program Fees and Charges" means the fees, charges, and interest rates established by the Pricing Schedule in Schedule A that are payable to the Bank by the Company, Employees and Cardholders. (mm) "Program Instructions" means the features the Company and its Program Administrator have requested or selected in connection with the Program, the Account, the Card Accounts, and the Online Services, as detailed through Set-up Forms and other forms that the Company and the Program Administrator provide to the Bank, in the time and manner established by the Agreement. (nn) "Purchase" means use of a Card or any check, instrument, certificate, device or method the Bank permits for access to the Card Account, when used to pay for goods or services sold, leased, or otherwise provided by any person, entity, or financial institution or initiate any transaction other than one designated as an Cash Advance by the Bank, regardless of whether a Card was presented or a Cardholder's signature was obtained by any such person, entity, or financial institution. (oo) "Renewal Term" shall have the meaning assigned in Section 19. 1 . (pp) "Security Procedures" means the security procedures for using the Devices required for access to the Online Services System, as described in the User Guide. (qq) "Set-up Forms" means the forms the Company provides to the Bank to request Online Services through the Online Services System. (rr) "Statement Date" shall mean the closing date of the periodic billing cycle for the Account and for each Card Account, assigned by the Bank and disclosed on Consolidated Billing Statements and Card Account Statements. (ss) "Term" shall have the meaning assigned in Section 19. 1 . (it) "Transactions" means any Purchase or Cash Advance. (on) "Transaction Limit" means parameters the Program Administrator and Bank establish for a Card Account, including but not limited to limits on: (i) the number of Transactions permitted during a specified time period for a Card Account; (ii) the dollar amount of Transactions permitted during a specified time period for a Card Account; (iii) the Merchant Category Codes for which a Card Account may be used; and (iv) such other parameters as may be agreed by the Bank and Program Administrator. (w) "Unassigned Cards" are Cards the Bank issues in the name of the Company at its request, without designating a specific Cardholder authorized to use the Card. (WW) "Unauthorized Trausaction" means any Transaction not for the purpose of carrying on the Company's business and from which the Company obtains no direct or indirect benefit. (xx) "User Guide" means the user manuals and other user materials, individually and collectively, that the Bank furnishes to the Company in connection with its Program, the Online Services System, and any related Online Services. ARTICLE 2 PROGRAM EXCLUSIVITY; COMPANY GUARANTY AND FINANCIAL REPORTS Section 2.1 During the Term, the Company shall not, by itself or in conjunction with any Company Affiliate: (a) enter into an agreement with any financial institution other than the Bank related to the issuance or use of commercial credit cards or commercial charge cards by Employees and Cardholders; (b) enter into an agreement authorizing use of any Company Marks in connection with any commercial credit cards or commercial charge cards to be used by Employees and Cardholders; or (c) directly or indirectly endorse, support, participate in, or benefit from any commercial card program other than the Program, related to the issuance or use of commercial credit cards or commercial charge cards by Employees and Cardholders. Section 2.2 If the Company or a Program Administrator requests and the Bank agrees to issue a Card and establish a Card Account for a Cardholder or Employee of a Company Affiliate identified in Exhibit 1 (each, a "Guaranteed Account"), the Company shall be liable to the Bank for any and all Transactions and Program Fees and Charges related to or arising from use of any such Guaranteed Account, as well as any losses and reasonable costs of collection the Bank incurs related to such Guaranteed Account (the "Guarantee"). The Company shall execute any additional instruments in the time and manner the Bank might request in connection with any such Guarantee. The Guarantee of each Guaranteed Account shall remain in full force and effect after termination of this Agreement and any such Guaranteed Account, until any such Guaranteed Account has been paid in full and closed to further activity. 13-1160 United City of Yorkville (VI) Page - 3 - of 21 Section 2.3 The Company shall provide or cause its accountants and auditors to provide the Bank with reasonably detailed financial statements and reports about the Company, in the time and manner the Bank requests during the Term and while the Company remains obligated to the Bank under the Agreement. The financial statements and reports the Company must provide on an annual or more frequent basis upon the Bank's request include periodic statements of income, statements of cash flow, and balance sheets of the Company, as well as statements regarding changes in shareholder's equity of the Company and any Company Affiliate. Any such statements and reports must, as determined by the Bank, be audited by an independent public accountant selected by the Company or contain a certification by the Company's chief financial officer that such reports are accurate and complete in al I material respects. Section 2.4 The Bank is authorized to investigate and obtain information about the Company as the Bank deems appropriate. The Bank may provide information about the Company and Cardholders to the Card Association, its member institutions and contractors, and credit reporting agencies. ARTICLE 3 USE OF ACCOUNT, CARDS AND CARD ACCOUNTS Section 3.1 The Bank, from time to time and in its sole discretion, will establish and advise the Company of its Charge Limit for the Account and the respective Charge Limits for the Card Accounts. The Bank will otherwise provide services to the Company, Employees and Cardholders in the manner described in this Agreement and the Cardholder Agreement. The Bank shall have sole discretion over the management, operation, content and features of the Program. The Bank may modify any aspect of the Program as provided in this Agreement and the Cardholder Agreement. Section 3.2 The Company understands and agrees that the Account, the Cards and the Card Accounts are for use by Employees and Cardholders for their business-related Transactions, as provided under the terms and conditions of this Agreement, the Operating Rules and the Cardholder Agreement, each as amended from time to time. The Company agrees to notify Employees and Cardholders about the business proposes for which the Account, the Cards and the Card Accounts may be used. The Bank agrees that it will use commercially reasonable efforts to notify the Company about particular requirements of the Operating Rules that may impact or affect the Account, the Cards, and the Card Accounts. Section 3.3 The Company, consistent with its internal policies, may instruct Employees and Cardholders to use a Card and Card Account only for specific kinds of business-related Transactions. The Bank shall not have any duty or obligation to question or investigate the underlying purpose or nature of any Transaction, except to the extent the Bank might be specifically required to do so in connection with Transaction Limits or other limits specifically established by this Agreement. The Company may, in its sole discretion, require that Employees sign a separate agreement related to their permitted use of a Card and Card Account. The Bank shall not be liable to the Company or any Employee or Cardholder in connection with any such agreement that might exist between those parties. The Bank's duties and obligations to the Company, Employees and Cardholders are established by this Agreement, the Operating Rules and the Cardholder Agreement, each as amended from time to time. ARTICLE 4 CANCELLATION OF CARDS; CARD REFUSAL BY THIRD PARTIES i Section 4.1 The Program Administrator or the Company may direct the Bank to cancel any Card or Card Account at any time and for any reason whatsoever, after giving the Bank a cancellation notice in the time and manner it requires and a reasonable opportunity to act on any such instructions. If Company cancels any Card and Card Account due to termination of any Employee's employment, the Company must notify the Bank within two (2) business days after the earlier of the date the Employee's employment is terminated or the date the Employee gives or receives oral or written notice of immediate or pending termination of employment. The Bank may cancel or suspend the right to use any Card or Card Account in its sole and absolute discretion at any time. Section 4.2 The Bank shall have no obligation, responsibility or liability to the Company or an Employee, Cardholder or any user of a Card or a Card Account (including the user of an Unassigned Card) if any person, entity or financial institution refuses to honor a Card, Card Account or the Account, or if the Bank refuses or fails to authorize the use of any Card, Card Account or Account. ARTICLE 5 DESIGNATION AND RESPONSIBILITIES OF PROGRAM ADMINISTRATOR Section 5.1 The Company shall provide the Bank with a written designation of one or more representative(s) as a Program Administrator, each of whom shall be individually authorized to: (i) designate the Employees authorized to receive Cards and use Card Accounts; (ii) establish or change the Charge Limit and Transaction Limits requested by the Company for any Cardholder, Card and Card Account (but not the overall Charge Limit of the Account); (iii) direct the Bank to cancel or suspend any Card or Card Account; and (iv) otherwise act as the Company's authorized representative in administering the Program on behalf of the Company and resolving any disputed Transactions. A Program Administrator must promptly advise the Bank in writing of any changes to be made with respect to the Account and any Cud or Card Account, using a request form acceptable to the Bank and purportedly signed or submitted by a Program Administrator. The Bank, without further inquiry, may rely on, deal with, and accept Program instructions from any person who identifies himself or herself as a Program Administrator in all matters related to the operation and administration 13-1160 United City of Yorkville (VI ) Page - 4 - of 21 of the Program. The Bank shall not be liable or responsible to the Company for any Program Administrator that exceeds the limits of his or her authority. Section 5.2 The Bank will, except as otherwise provided in this Agreement, direct all documents and correspondence relating to this Agreement to a Program Administrator. The Bank shall not act upon any instructions, orders, agreements or other documents submitted by a person purporting to be a Program Administrator, unless and until the Bank has received a Program Administrator designation form acceptable to the Bank appointing such person as a Program Administrator. Section 5.3 The Company must notify the Bank of any change in any Program Administrator by submitting a new Program Administrator designation form acceptable to the Bank setting forth the changes to be made (including the name of any new Program Administrator). Each Program Administrator designation form acceptable to the Bank shall be effective upon receipt of such form by the Bank. Section 5.4 The Bank may, in its sole discretion, request separate documents, certificates, and resolutions from the Company to establish the authority of a Program Administrator, Employee or Cardholder in connection with the Program and this Agreement. The submission by the Company of a Program Administrator designation form shall constitute a Company's representation that the individuals named on the form have been granted general authority from the Company's Board of Directors or other governing body (or have been designated by an officer who has been duly authorized by the Company's Board of Directors or other governing body) over the transaction of the Company's Program-related business with the Bank. ARTICLE 6 ISSUANCE OF CARDS; IDENTIFICATION OF CARDHOLDERS Section 6.1 Promptly after execution and the Effective Date of this Agreement: (a) The Bank and the Company shall agree on the date when the Bank shall begin issuance of Cards; (b) The Company shall advise the Bank where and to whom it should send the Cards and Consolidated Billing Statements, Card Account Statements, invoices and reports with respect to the Program, Account, Card Accounts and Cards; and (c) The Company shall provide the Bank with written notice of any Transaction Limits and Merchant Category Codes it should use to prevent particular Transactions pursuant to the provisions of Article 6 and such other information as the Bank may reasonably request. Section 6.2 A Program Administrator or the Company shall provide the Bank with a completed Application or consent for each Employee who shall be issued a Card for use under this Agreement. In all circumstances where an Employee or Cardholder will be jointly and severally liable with the Company for use of a Card or Card Account, the Program Administrator or the Company must provide the Bank with an Application for that Card or Card Account. An Application or authorization requesting issuance of a Card must be signed by a Program Administrator and, if requested by the Bank, also signed by the Employee and prospective Cardholder. The Program Administrator must keep copies of such Applications in a secure area under the Company's control. The Company must provide the Bank with any identification information it might request for each Cardholder in an Application, including his or her address (business and home), telephone numbers (business and home), social security number, and date of birth, and update such information as requested by the Bank from time to time during the term of this Agreement. Section 6.3 The Bank will issue a Card to each Employee identified in an Application that has been completed and signed by a Program Administrator. Where emergency issuance is reasonably requested by the Company, the Bank will use commercially reasonable efforts to issue Cards within seventy-two (72) hours. The Bank shall issue a new Card to replace each outstanding Card before its scheduled expiration date, unless the Bank receives written notice from the Company not to issue a renewal Card at least thirty (30) calendar days before its scheduled expiration date. Section 6.4 The Bank shall send the Cards to Employees by first class mail to the address designated on an Application or, at the election of the Program Administrator, to the Program Administrator. Each Card shall be accompanied by any disclosures or other materials the Bank deems necessary or appropriate. The Bank may also institute any security procedures regarding the issuance and activation of Cards that the Bank may deem necessary or desirable. Section 6.5 Upon the Company's request, the Bank may, in its sole discretion, agree to issue one or more Unassigned Cards. The Bank will not issue a personal identification number in connection with Unassigned Cards and the Company understands that Cardholders may be unable to obtain Cash Advances using an Unassigned Card. Section 9.2 describes where and how the Bank will provide the Company with Card Account Statements for an Unassigned Card, and Section 11.3 describes the increased liability and indemnity obligations the Company will incur in connection with any such Unassigned Cards. ARTICLE 7 TRANSACTION LIMITS AND CHARGE LIMITS; COMPANY LIABILITY FOR TRANSACTIONS ABOVE ESTABLISHED LIMITS Section 7.1 The Bank will establish and advise the Company of its Charge Limit for the Account. The Bank will assign Transaction Limits and Charge Limits designated by the Company or a Program Administrator to each Card and Card Account. Promptly upon the request of a Program Administrator, but no later than five (5) business days following receipt of written notice 13-1160 United City of Yorkville (VI) Page - 5 - of 21 from the Program Administrator, the Bank shall increase or decrease the Transaction Limits or Charge Limits of a Card and Card Account in accordance with such request. If the Company or a Program Administrator does not establish a Charge Limit for any Card Account for which the Company is solely liable, the Company acknowledges and agrees that the Bank may: (i) establish a Charge Limit for each such Card Account up to the aggregate Charge Limit of the Company's Account; and (ii) disclose an amount on Card Account Statements, up to the aggregate Charge Limit of the Company's Account, as the applicable Charge Limit of each such Card Account (which may not accurately reflect the actual Charge Limit available for the Company's Account). The Bank reserves the right, in its sole discretion, to modify the Charge Limit of the Account or any individual Card Account at any time. Section 7.2 The Company acknowledges that the Account and Card Accounts may exceed Transaction Limits and Charge Limits established under the Agreement and agrees that the Bank may, in its sole discretion, allow or reject Transactions that would cause the Account or a Card Account to exceed a Charge Limit or a Transaction Limit. The Company and its Cardholders shall remain liable and must promptly remit payment to the Bank for any and all Transactions that would cause the Account or a Card Account to exceed a Charge Limit or Transaction Limit, as well as any related Program Fees and Charges, as provided by this Agreement and any related Cardholder Agreement. Section 7.3 The Bank or any person, entity or financial institution presented with a Card may refuse to authorize any Transaction referred to it if: (a) The Transaction is not permitted under the Transaction Limits established for Card Accounts by this Agreement; (b) Permitting the Transaction would cause the Charge Limit for the Account to be exceeded, when the Transaction is included with other Transactions authorized for the Account (including those Transactions that are authorized but not yet posted); (c) Permitting the Transaction would cause the Transaction Limits or Charge Limit for a Card Account to be exceeded, when the Transaction is included with other Transactions authorized for that Card Account (including those Transactions that are authorized but not yet posted); (d) The Bank believes that it is an Unauthorized Transaction; or (e) The Bank has not received any payment required by this Agreement or a Cardholder Agreement by its Payment Due Date. ARTICLE 8 CARD REQUIREMENTS AND MARK USE Section 8.1 Each Card the Bank issues under the Program shall be branded as a Card Association card, in compliance with the - applicable requirements and specifications for such commercial cards established in the Operating Rules. Each Card may bear other language and symbols the Bank deems necessary or appropriate, subject to the applicable requirements and specifications of the Operating Rules. Section 8.2 The Company, upon the Bank's request, must provide the Bank with copies of any materials accompanying or relating to the use of the Card and Card Accounts that the Company may provide its Employees from time to time. All such materials shall identify the Bank as the Card issuer and prominently indicate that the Card is a Card Association card. The Company acknowledges that the Card Association mark(s) are owned by the Card Association and the Company agrees not to do anything inconsistent with such ownership. The Company shall not provide materials to its Employees or Cardholders that contradict or are inconsistent in any way with this Agreement or the Cardholder Agreement. This Agreement and the Cardholder Agreement shall prevail over any inconsistent or contradictory statements made by the Company to its Employees or Cardholders about the Program. Section 8.3 The Company shall not use any trademark, service mark, logo, or other intellectual property right of the Bank or a Bank Affiliate without the express prior written consent of the Bank. Section 8.4 The Bank may use all Company Marks provided to Bank by Company in connection with the Program. The Company grants the Bank a non-exclusive, non-transferable, non-sublicenseable, royalty-free, paid-up limited license to use those Company Marks, as they now exist and as they may be modified during the Term, solely in connection with the Program (including, without limitation, use of any such Company Marks on Cards, periodic statements, Applications, and marketing materials intended for distribution to Employees and Cardholders). Notwithstanding the preceding sentence, the Bank shall not be required, in connection with the Program, to use the Company Marks on marketing materials generally used across the Bank's portfolio of cards for account activation and retention activities, Cardholder agreement, and related disclosures. Section 8.5 Company Marks may be updated and amended from time-to-time by the Company providing the Bank with reasonable notice thereof. If the Company wishes to change any of the Company Marks then in use by the Bank, the Company shall promptly reimburse the Bank for any reasonable incremental expenses incurred because the Cards or Program materials used to maintain the Accounts can no longer be used as a result of any such change. Section 8.6 The Bank acknowledges that the Company is the sole and exclusive owner of the Company Marks and all rights, title and interest therein and any copyright relating thereto. The Bank acknowledges that the value of the goodwill associated with the Company Marks, and all rights therein and pertaining thereto, belong exclusively to the Company. The Bank shall not authorize any third party to use the Company Marks, except for subcontractors and affiliates of the Bank, engaged by the Bank solely in connection with the Program. 13-1160 United City of Yorkville (VI) Page - 6 - of 21 Section 8.7 The Bank shall comply with the standards reasonably established by the Company with respect to the form of the Company Marks, and the Bank shall submit to the Company sample materials evidencing the proposed use of the form of Company ', Marks. Within five (5) business days after receiving any such materials by the Company, the Company must provide its written approval of or reasonable objections to such materials. If the Company does not respond within that five (5) business day period, the Company shall be deemed to have approved use of those materials by the Bank. The Company agrees that once the Bank has obtained approval for a given use of the Company Marks, the Bank is not obligated to obtain approval from the Company again for the same general use. j Section 8.8 On termination of this Agreement for any reason whatsoever, all Cards in the possession of Cardholders that have not expired may continue to bear the Company Marks until the expiration of such Cards. The Bank, however, shall have no further right to market the Program or any products or services using the Company Marks or further use or distribute promotional materials containing the Company Marks. ARTICLE 9 PROGRAM STATEMENTS AND REPORTS Section 9.1 The Bank shall send or make available to a Program Administrator, or any Company representative designated by a �' Program Administrator, a Consolidated Billing Statement for each billing cycle. Each such Consolidated Billing Statement will disclose the applicable balances, Transaction activity, Program Fees and Charges, and other disclosures and information the Bank considers necessary or appropriate for the Account and all related Card Accounts during the billing cycle. The Bank may send or make available any such Consolidated Billing Statement using the physical address, electronic mail address, and/or website designated for this propose in Schedule B to this Agreement. Section 9.2 Unless the Company requests and the Bank otherwise agrees, the Bank shall also send or make available an individual Card Account Statement for each Card Account at the end of each billing cycle, in an electronic or paper form acceptable to both Patties. Any such Card Account Statement will disclose the applicable balances, Transaction activity, Program Fees and Charges, and other disclosures and information the Bank considers necessary or appropriate for that Card Account. For Unassigned Cards, the Bank will send or make available a Card Account Statement to a Program Administrator, using the physical address, electronic mail address and/or website the Parties have established for this put-pose in Schedule B to this Agreement. For all other Cards, the Bank will send or make available a Card Account Statement to a Program Administrator, a Company representative designated by a Program Administrator, or the Cardholder, using the physical address, electronic mail address and/or website the Parties have established for this purpose in Schedule B to this Agreement or as designated on the Application for the Cardholder holding any such Card Account. If the Cardholder is not responsible for payment of his or her own Transactions and Program Fees and Charges, the Bank will only provide a Card Account Statement for purposes of informing the Cardholder about his or her use of the Card and Card Account. Section 9.3 Each Program Administrator, designated Company representative, and/or Cardholder must promptly examine each Consolidated Billing Statement or Card Account Statement as soon as it is received from or made available by the Bank. The provisions of Articles I1 and 12 describe the time and manner in which the Company must provide notice to the Bank of any suspected errors or Unauthorized Transactions shown on a Consolidated Billing Statement and Card Account Statement, and the liability of the Company, Employees and Cardholders for any such suspected errors or Unauthorized Transactions. Section 9.4 At the Company's request, the Bank may compile certain information provided by the sellers of goods and services that accept the Cards (such as Merchant Category Codes and information identifying such sellers as unincorporated business enterprises or business enterprises owned by certain minorities or women). The Bank cannot guaranty the accuracy of any such information and, by conveying such information to the Company, the Bank does not agree to perform or satisfy any reporting or compliance obligations required of the Company by any applicable law or contract. ARTICLE 10 j MERCHANT DISPUTES; TRANSACTIONS MADE IN FOREIGN CURRENCIES Section 10.1 If the Company has any questions, problems or disputes concerning the quality of goods or services purchased from any seller by means of any Card, Card Account or an Account, the Company agrees to pay the Bank the amount of the related Purchase and contact the seller directly to resolve such question, problem or dispute. If the Company cannot directly settle its dispute with a seller, then the Company can request the Bank to process a chargeback subject to the limits of the Operating Rules. The Bank agrees that it will use commercially reasonable efforts to notify the Company about particular chargeback procedures and requirements of the Operating Rules that may impact or affect the Account, the Cards, and the Card Accounts. The Company acknowledges that the Bank is not liable for the quality of any such goods or services and that any dispute between the Company and any seller shall not affect the Company's obligation to pay the Bank in full for all Transactions and related Program Fees and Charges in accordance with the terms of this Agreement. Section 10.2 In the event that any Transaction is made in a currency other than U.S. dollars outside of the United States, the charges incurred in a foreign currency will be converted by the Card Association into a U.S. dollar amount in accordance with the procedures set forth in its Operating Rules. The Bank agrees that it will use commercially reasonable efforts to notify the Company 13-1160 United City of Yorkville (VI ) Page - 7 - of 21 i about particular currency conversion procedures established by the Operating Rules that may impact or affect the Account, the Cards, and the Card Accounts. The currency conversion rate in effect on the transaction processing date may differ from the rate in effect on the transaction date or statement posting date. The Company and Cardholders shall remain liable to the Bank as provided in this Agreement and any related Cardholder Agreement for all transaction and conversion fees and charges associated with any such Transactions, as detailed in Schedule A. ARTICLE 11 LIABILITY FOR TRANSACTIONS, FEES AND OTHER CHARGES; BANK LIABILITY FOR INCENTIVES PAYMENTS Section 11 .1 The Company authorizes and directs the Bank to extend credit to the Company or for its Account from time to time by paying the amount of Transactions arising from use of each Card and Card Account. Section 11.2 The Company shall be liable and pay the Bank for all Transactions and all applicable Program Fees and Charges as established by the Agreement and its attached Pricing Schedule in Schedule A, even those that might exceed a Charge Limit or Transaction Limit established for the Account or a Card Account. Each Cardholder may also be jointly and severally liable with the Company for the Cardholder's Transactions and for his or her Program Fees and Charges under the Program and any applicable Cardholder Agreement, if such Cardholder liability has been established through an Application, Cardholder Agreement, Schedule B, and/or other schedules and addendums to this Agreement. The Company shall immediately pay the Bank for any Transactions and Program Fees and Charges incurred by a Cardholder, even one jointly and severally liable with the Company, after the Bank notifies the Company about any Cardholder's failure to pay all amounts due and owing under a Cardholder Agreement. The Company's payment and other obligations to the Bank shall be enforceable against the Company in accordance with the terms of this Agreement, regardless of the validity and enforceability of the Cardholder's obligations to the Bank under any Cardholder Agreement. Section 11.3 The Company understands the increased risks associated with issuance and use of Unassigned Cards. Despite anything stated to the contrary in the Agreement, the Company agrees that it is fully liable to the Bank for any and all Program Fees and Charges and all Transactions resulting from use of any Unassigned Card and its related Card Account, regardless of whether any such Transactions were Unauthorized Transactions. In addition to its other indemnification obligations under the Agreement, the Company agrees to indemnify the Bank from and against any and all liability, judgments, claims, demands, judgments, or other disputes, regardless of merit, together with all costs, charges and expenses imposed in any manner upon or accruing against the Bank, arising out of or associated in any way with the issuance of Unassigned Cards by the Bank and the use of those Unassigned Cards by any individual. Section 11.4 The Bank will establish a monthly periodic billing cycle for the Account and each Card Account. The exact number of days within each periodic billing cycle may vary slightly from month to month and the first billing cycle may be more or less than one month. The Bank shall, in its sole discretion, assign the Statement Date disclosed on Consolidated Billing Statements and Card Account Statements. Where the Company and its Cardholders have joint and several liability for Card Accounts, the Bank may assign different dates as the Statement Dates for each Card Account and the Account. As established by Schedule B to this Agreement or other schedules and addendums to this Agreement, the Bank and the Company shall mutually agree upon: (i) the number of days used to determine the Payment Due Date that will follow each Statement Date; and (ii) the method of payment, which may be by check or pre-authorized debit to a deposit account the Company maintains at the Bank, any Bank Affiliate, or any other depository institution used by the Company and acceptable to the Bank. Any and all amounts (including the amount of all Transactions) shall be due to the Bank and payable in full on or before the applicable Payment Due Date that follows each Statement Date for the Account or Card Account. All payments by the Company must be remitted to the Bank in U.S. dollars. The Company agrees that payments on the Account and Card Accounts may be applied in the order the Bank selects from time to time. The Bank may apply payments first to any Program Fees and Charges, then finally to principal balances. Payments to principal balances may be applied starting with the lowest interest rate, before principal balances with higher interest rates. Until the Bank determines a payment is unlikely to be returned for insufficient funds or some other reason, the credit available in the Account and Card Accounts may not reflect a payment. Section 11.5 The Company may not deduct or withhold, without the prior written approval of the Bank, any credit, chargeback, disputed or questioned amount from the aggregate amount due when making payment. If the Company reasonably believes any Transaction shown on a Consolidated Billing Statement is in error, the Company must notify the Bank and the Bank will make any appropriate adjustment on the Company's next Consolidated Billing Statement. Section 11.6 The Bank shall charge interest on Transactions at the rates and in the time and manner shown on the Pricing Schedule attached as Schedule A to this Agreement. Cash Advances and their related Transaction fees shall be charged interest beginning with the date of each such Cash Advance until paid in full. Interest will not be charged on Purchases and other Program Fees and Charges that are paid in full on or before their applicable Payment Due Date, as shown by Consolidated Billing Statements and/or Card Account Statements. Interest will accrue on Purchases, and Program Fees and Charges added to a Card Account as Purchases, beginning with the first day that follows the applicable Payment Due Date. If the Company fails to pay to the Bank any amount due under this Agreement, then the Bank is authorized to, without prior notice to the Company, apply any account balances of the Company held by the Bank or any Bank Affiliate toward any balance owed under this Agreement. Payments received at the Bank's designated payment processing center after 5:00 p.m. Central Time on a Bank business day (or on any day that is not a Bank business day) will be credited to the Company's Account (and the underlying Card Accounts) on the next Bank business day. The 13-1160 United City of Yorkville (VI) Page - 9 - of 21 Bank is permitted to accept late payments, partial payments or payments marked with restrictive endorsements without losing any of its rights under this Agreement. The Company shall not send any payment marked "paid in full," "without recourse," or other similar language unless those payments are marked for special handling and sent to the Bank at First National Bank of Omaha, Attn: Commercial Card Department, 1620 Dodge Street, Mailstop: 3188, Omaha, NE 68197, or such other address as the Bank may give in the future. Section 11.7 The Company shall be liable to the Bank for all uses of, and Transactions made using, the Account, Cards and Card Accounts, including, without limitation, any Unauthorized Transactions (including any Transactions made using lost or stolen Cards), that occur before the Company notifies the Bank in accordance with Section 4. 1 or Section 12. 1 that the Card or Card Account should be cancelled. Any Card that an individual receives from the Company, or whose use is authorized by the Company, shall not be considered lost or stolen or in the hands of an unauthorized person, and the Company shall be liable to the Bank for the use of any such Card until it is returned to the Bank or the Company has provided the Bank with notice under Section 4.1 or Section 12.1 that such person is no longer authorized by the Company to use any such Card. The Company will make reasonable efforts to recover any Card from any person no longer employed or designated by the Company to use the Card, and prevent its use and cooperate in any proceedings or legal actions against such person. Section 11.8 The Bank may agree to pay to the Company certain compensation or incentive payments, subject to the terms, conditions and limitations as provided in the Pricing Schedule attached as Schedule A to this Agreement. The Company acknowledges and agrees that under certain circumstances as provided in the Pricing Schedule attached as Schedule A to this Agreement, the Company will be obligated to repay compensation or incentive payments previously received from the Bank and to forfeit accrued but unpaid compensation or incentive payments. ARTICLE 12 REPORTING UNAUTHORIZED USE; CARD ASSOCIATION LIABILITY PROGRAM Section 12.1 If the Company or an Employee knows of or suspects the loss, theft or possible unauthorized use of the Account or a Card and Card Account, the Company or Employee must promptly notify the Bank by calling the toll-free telephone number appearing on Card Account Statements and the reverse side of the Cards, or such other telephone number as the Bank may otherwise designate for use by the Company. The caller must report the respective Employee's name, Card Account number and the last-known address of such Employee or, if applicable, the Card Account number, and must request that such Card and Card Account be canceled. The Bank will then place a hold to cancel and prevent further use of the Card and Card Account, and the Company shall not be liable for further use of such Card or Card Account after the Bank has received any such telephone call. The Program Administrator must promptly send the Bank written confirmation of any such notice. Section 12.2 The Company, Employees and Cardholders must promptly examine all Consolidated Billing Statements and Card Account Statements as soon as they are received or made available by the Bank. The Company or an Employee must provide written notice to the Bank related to any suspected errors in one or more Transactions, the Account and any Card Account, within sixty (60) calendar days after the date of the Consolidated Billing Statement or Card Account Statement on which any such error first appeared. Each such notice must disclose the dollar amount of the suspected error, a Transaction reference member, and a description of the suspected error. Suspected errors include any failure to receive goods or services arising from a Transaction, unauthorized use of the Account, a Card or a Card Account by a person other than the Cardholder or authorized Employee, altered charges, incorrect amounts and charges incurred by telephone order where the authenticity of the charge is in question. The Bank will investigate any such report of a suspected error and make a determination. All Consolidated Billing Statements and Card Account Statements will conclusively be deemed correct, unless the Company or an Employee has provided the Bank with written notice of a suspected error as required by this Agreement and any applicable Cardholder Agreement. Section 12.3 In cases of unauthorized use of a Card or a Card Account, the Company shall, contemporaneously with the Company's issuance of the notice of cancellation described in Section 12. 1 , use its best efforts to: (i) hand deliver or send to the respective Employee by certified mail, return receipt requested, to the Employee's current address, a copy of such written notice of cancellation; and (ii) retrieve and destroy such Card. The Company shall also cooperate with the Bank in its efforts to resolve any fraudulent transactions made by means of a Card, Card Account or the Account. Section 12.4 The Company's liability for Unauthorized Transactions by Employees may be reduced to the extent of liability protection insurance coverage separately provided by a Card Association under its Liability Program. The Company's coverage shall be subject to the terms, exclusions, and conditions of the Liability Program as established from time to time by the Liability Program's underwriters, including but not limited to the condition that the Company meet all of its then-current obligations under the Liability Program and as set forth by the Card Association and its underwriters. The current provisions of any such Liability Program are described in a brochure published by the Card Association, which the Bank has furnished or will furnish to the Company. If the Card Association modifies or suspends its Liability Program, the Bank may modify or terminate this subsection at any time upon notice to the Company. The Bank shall not have any liability to the Company under any circumstances arising from or associated with any such Liability Program. ARTICLE 13 REPRESENTATIONS, WARRANTIES, AND COVENANTS 13-1160 United City of Yorkville (V I ) Page - 9 - of 21 j Section 13.1 The Company represents, warrants and covenants that: (a) The Company will cause the Bank to issue and maintain ten (10) or more Cards at all times under this Agreement; (b) The Company is duly organized, existing and in good standing under the laws of the state of its incorporation or formation; (c) The Company has full right, power and authority to make and perform this Agreement and to observe all of the provisions hereof, (d) The making and the performance by the Company of this Agreement and securing extensions of credit from time to time through the issuance or establishment of the Company's Account, Cards, and Card Accounts has been validly authorized by all necessary action of the Company and does not violate the Company's articles of incorporation, j charter, partnership agreement, by-laws or any other document or agreement pursuant to which the Company is organized, or any provision of applicable law, regulation, order or rule of any governmental agency, or court decision; (e) All information (including without limitation business and financial data) now or hereafter furnished to the Bank and the information contained in each Application, notice of cancellation or other documentation submitted by a Program Administrator to the Bank hereunder shall be true, complete and accurate as of the date thereof and may be relied j upon by the Bank as being authorized by the Company; j (f) The Account and all Cards and Card Accounts established or issued under or pursuant to the Agreement j shall be used only for business or commercial purposes; and (g) The Company has and shall maintain the full right, power and authority to grant the license of Company j Marks in Section 8.4 and doing so does not infringe upon or violate any rights or interest held in those marks by any third j party or Company Affiliate. Section 13.2 Nothing herein contained shall impair the obligation of the Company, which shall be unconditional and absolute, to repay all extensions of credit arising out of the use of the Account, Cards, or Cards Accounts for any purpose and to pay all of its other obligations and liabilities as provided in this Agreement. The representations and warranties in this Article 13 are made to induce the Bank to issue Cards for the Company's Account and to extend credit to it and the Employees and Cardholders from time to time. The representations and warranties made by the Company in this Article 13 shall constitute continuing representations and warranties, until such time as this Agreement is terminated as herein provided, all Cards have been returned to the Bank or canceled, all Card Accounts and Accounts have been cancelled and all amounts owing the Bank under this Agreement have been paid in full. Section 13.3 The Bank represents, warrants and covenants that this Agreement has been authorized by all necessary action, does not violate the Bank's charter or by-laws or any other agreement binding upon the Bank of any provision of law. THE BANK MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR THE BANK'S PERFORMANCE OF SERVICES UNDER 'PHIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTICLE 14 INDEMNIFICATION Section 14.1 The Company will indemnify and hold harmless the Bank and its Bank Affiliates, and their respective officers, directors, agents, subcontractors and employees, and the Card Association and its members, from and against any and all claims, demands, actions, proceedings, liabilities, losses, actual damages and expenses, including actual and reasonable counsel fees, arising directly or indirectly from: (a) The Company's breach of any of its representations, warranties, or covenants under this Agreement, or the Bank's enforcement of any of its rights or remedies under or pursuant to this Agreement; (b) The Bank's compliance with or carrying out any instruction or request which identifies the Company as sender, if such instruction or request is accepted by the Bank in good faith; (c) The Bank's actions or omissions in performing services in connection with the Program, unless such actions or omissions are determined to result from the Bank's gross negligence or willful misconduct; (d) Any incorrect classification of a merchant under the Card Association's Merchant Category Codes that has the effect of allowing Transactions that the Company and the Bank intended to preclude under certain Transaction Limits; or (e) The Bank's good faith refusal to approve any Transactions. Section 14.2 The provisions of Article 14 shall survive the termination of this Agreement. ARTICLE 15 IMPOSSIBILITY OF PERFORMANCE; LIMITATION OF LIABILITY Section 15.1 The Bank shall not incur any liability for any failure or delay in carrying out any of its obligations under this Agreement if such failure or delay results from the Bank acting in accordance with applicable laws or applicable Operating Rules, or from acts of God, strike or stoppage of labor, power failure, system, network, or equipment failure, adverse weather conditions or any 13-1160 United City of Yorkville (VI ) Page - 10 - of 21 other cause beyond the Bank's control. The Bank agrees that it will use commercially reasonable efforts to notify the Company about particular requirements of the Operating Rules that may impact or affect the Account, the Cards, and the Card Accounts. Section 15.2 The Bank shall have no responsibility and shall incur no liability for any act or failure to act by any other financial institution, Card Association, or any other third party, including, without limitation, the refusal of any vendor or merchant to honor any Card or Card Account. The Company acknowledges and agrees that the functioning of some Program services depends on equipment, software, communication lines and Program services provided by the Company or parties other than the Bank. The Bank shall not be responsible or liable in any way for the performance of equipment, software, communication lines and Program services provided by the Company or any party other than the Bank. Section 15.3 The liability of the Bank to the Company for any loss or damage arising from or relating to this Agreement or any of the Batik's services in connection with the Program, regardless of the form of action, shall be limited to direct damages attributable to the gross negligence or willful misconduct by the Bank, and in no event shall the Bank be liable for any other damages, including, without limitation, indirect, exemplary, consequential, punitive or special damages. The Bank's liability to the Company for damages under this Agreement will in no event exceed the Program Fees and Charges the Company paid the Bank during the six (6) months preceding the date on which the Company's claim accrued against the Bank. In no event will the Bank be liable for any claim asserted against the Company by any third party, except as set forth in this Agreement. Section 15.4 The provisions of this Article 15 shall survive termination of this Agreement. ARTICLE 16 CONFIDENTIALITY Section 16.1 The term "Confidential Information," with respect to the Bank and regardless of whether the Agreement is then in effect, shall mean: (i) the terms and conditions of the Agreement; (ii) any payment and pricing terms or fees for the Program, the Account, and Cards; (iii) the Program user guide(s); (iv) security procedures for the Program, the Account and Cards; and (v) any other documentation with respect to the Agreement or the Program that the Bank has designated as confidential or proprietary. The Company agrees that it, its Company Affiliates, and each Employee or Cardholder shall safeguard and not disclose any Confidential Information of the Bank to any party other than the Bank, Bank Affiliates, or the agents or Employees of the Company or its Company Affiliates, except to the extent any such disclosure is required by applicable law, expressly authorized by this Agreement or a Cardholder Agreement; or expressly permitted by a written instrument signed by an authorized representative of the Bank. The Company agrees to limit the internal access, disclosure and distribution of any and all such Confidential Information of the Bank to those Company Affiliates, Employees, Cardholders, or agents of the Company who have a need to know such information. The Company shall, at all times, have appropriate written policies and procedures in effect to ensure that such Confidential Information of the Bank remains confidential, secure, and protected from disclosure or use by any third party not affiliated with or retained by the Company or the Bank. The Company will be responsible for the acts and omissions of the Company, its Company Affiliates, Employees, Cardholders, and any other agents or representatives of the Company with respect to any and all Confidential Information of the Bank. Section 16.2 The term "Confidential Information," with respect to the Company and regardless of whether the Agreement is then in effect, shall mean: (i) nonpublic personal information or financial information about any Employee or Cardholder that the Bank receives from the Company, an Employee, or a Cardholder, not including Card Account Statements, Consolidated Billing Statements, or any other Card Account information resulting from or directly related to transactions or experiences between the Bank and the Company or its Employees or Cardholders; (ii) nonpublic financial information about the Company that the Bank receives from the Company, not including Card Account Statements, Consolidated Billing Statements, or any other Account or Card Account information resulting from or directly related to transactions or experiences between the Bank and the Company; and (iii) any other documentation with respect to the Agreement or the Program that the Company has designated as confidential or proprietary. The Bank agrees that it shall safeguard and not disclose any Confidential Information of the Company or its Employees and Cardholders to any party other than the Company, Company Affiliates, Employees, Cardholders, Bank Affiliates, or the employees, agents, or subcontractors of the Bank or its Bank Affiliates, except to the extent the Bank is required or permitted to do so by applicable law, required or permitted to do so by this Agreement or a Cardholder Agreement, or authorized to do so by the Company or its applicable Employee or Cardholder. The Bank agrees to limit the internal access, disclosure and distribution of any and all such Confidential Information to those employees, agents, or subcontractors of the Bank or a Bank Affiliate who have a need to know such information. The Bank shall, at all times, have appropriate written policies and procedures in effect to ensure that such Confidential Information of the Company, its Employees and Cardholders remains confidential, secure, and protected from disclosure or use by any third party not affiliated with or retained by the Bank or the Company. The Bank will be responsible for the acts and omissions of the employees, agents, or subcontractors of the Bank or Bank Affiliates with respect to any and all Confidential Information of the Company, its Employees and Cardholders. Section 16.3 The provisions of this Article 16 shall survive the termination of this Agreement. ARTICLE 17 ASSIGNMENT AND SUBCONTRACTS; AMENDMENTS 13-1160 United City of Yorkville (V I) Page - 11 - of 2l I Section 17.1 A Party may not assign this Agreement, transfer any right or delegate any duty or performance under the Agreement without the other Party's prior written consent, except as expressly provided in the Agreement. The Bank may, without the Company's ', prior written consent, assign this Agreement or delegate its rights and obligations under the Agreement to a Bank Affiliate. In addition, the Bank may, without the Company's prior written consent, subcontract with other entities for the provisions of services under the Agreement. Any such subcontracts shall not relieve the Bank of its obligations under this Agreement or alter the Company's rights against the Bank under this Agreement, although all entities entering into a subcontract with the Bank shall be entitled to rely on and benefit from the provisions of this Agreement as if they were the Bank (including, without limitation, the limitations on liability and indemnities in the Agreement). This Agreement shall be binding upon and inure to the benefit of both Parties and, unless otherwise contemplated in this Agreement, their representatives and their respective successors and assigns. Any attempted assignment of rights or delegation of obligations contrary to the provisions of this Agreement shall be void. Section 17.2 This Agreement, including its applicable Schedules, Exhibits and Addenda, constitutes the entire understanding between the Parties and it supersedes all prior agreements and negotiations. (a) The Parties may agree to amend the Agreement through a written instrument referencing this Agreement that has been signed by both Parties. (b) The Bank may, at any time, in its sole discretion, and without advance notice or consent of the Company, modify the Charge Limit of the Account or any Card Account as provided in Section 3 .1 of the Agreement. (c) The Bank will notify the Company as provided in Schedule A of any decrease in Program compensation that might be received and paid by the Bank. The Company's consent for any such decrease shall not be required when it results from a change made or required by a Card Association. (d) The Bank will notify the Company of any other amendments to the Agreement that the Bank might require, including those related to: (i) any law or regulatory requirement that applies to the Bank; (ii) any change to the material features of the services or products offered under the Program; or (iii) any change in the Program Fees and Charges received or imposed by the Bank in connection with the Program. The Bank may amend this Agreement by sending a written notice to the Company at least thirty (30) calendar days before the effective date of an amendment. If the Company does not wish to accept any such amendment, the Bank must receive a written letter of rejection from the Company no later than the effective date for the amendment specified in the Bank's notice. The Company must send any such rejection letter to the Bank using the address specified in its written notice to the Company or, if no address is specified for this purpose in the Bank's written notice, using the address specified by this Agreement for Bank notices. The Company's timely rejection of an amendment described in a written notice from the Bank shall not terminate the Agreement or either Party's rights and obligations under the Agreement, except as otherwise provided by this Agreement. ARTICLE 18 NOTICES Section 18.1 Except as otherwise provided herein, any notice or other communication to be given under this Agreement shall be in writing, delivered by hand, overnight courier service, facsimile transmission (with telephone confirmation by the sender of receipt by the recipient) or mailed postage prepaid, addressed, as shown below the signatures of the Parties, or at such other address as either Patty may subsequently designate in writing to the other Party. All notices and other communications delivered by facsimile transmission must also be delivered by hand, overnight courier service or U.S. mail. Notwithstanding the foregoing, the Bank may rely on facsimile transmissions as though they are originals, and regardless of whether it has received telephone confirmation from the sender. Section 18.2 Electronic transmissions from the Company to an electronic mail address designated by the Bank shall constitute written notices under this Agreement, shall be binding on the Company and may be relied upon by the Bank if accepted in good faith. The Company understands that uuencrypted electronic mail messages are inherently insecure and that all such data communications and transfers can be monitored, intercepted, rerouted, copied and read by others. The Company assumes all risk for any uuencrypted electronic communications the Company chooses to send the Bank. Section 18.3 Any notice or communication will be effective against the Company when it has actually received and has had a reasonable time to act on such notice, but in no event later than the close of business on the second business day following receipt. Any notice or communication will be effective against the Bank when it is actually received and the Bank has had a reasonable time to act on such notice. ARTICLE 19 EFFECTIVE DATE AND TERMINATION Section 19.1 This Agreement shall be effective as of the Effective Date first above written and shall remain in full force and effect for an initial term of one (1) year from the Effective Date (the "Initial Term"). This Agreement shall be renewed automatically for successive renewal terms of one (1) year each (each, a "Renewal Term"). Either Party may terminate the Agreement by providing written notice of non-renewal to the other Party at least one hundred twenty (120) calendar days prior to the end of the Initial Term or any Renewal Term. The Initial Term and all Renewal Terms are collectively referred to as the "Term." 13-1160 United City of Yorkville (VI) Page - 12 - of 21 I Section 19.2 Upon the expiration or any cancellation or termination of this Agreement, the Account and all Cards and Card li Accounts will be canceled by the Bank, the Bank's obligation to pay the Company any incentive payments under the Pricing Schedule shall terminate, and the Company shall use reasonable efforts to collect and destroy each Card. Upon the expiration or any cancellation or termination of this Agreement, any Online Services Software License or other licenses the Bank has granted to the Company for use in connection with the Program shall automatically terminate and the Company shall immediately return to the Bank the original and all copies of such licensed materials and all other confidential Program materials or documentation the Bank provided to the Company. Section 19.3 Either Party may terminate this Agreement following a breach by the other Party that remains uncured thirty (30) calendar days after the non-defaulting Party sends the other Party written notice in the manner described in this Agreement. Notwithstanding the foregoing, the Bank may require immediate payment of the entire balance owed on the Company's Account and all other amounts owing under this Agreement, immediately terminate this Agreement or any Account or Card Account, refuse to permit further access to any Account or Card Account, and/or without prior notice to the Company, apply any deposit account balances of the Company held by the Bank or any Bank Affiliate toward any balance owed on the Company's Account or any other amount owing hereunder, if: (a) The Company fails to make payments as required by the Agreement or the Company breaches any of its representations, warranties, covenants, or terms or conditions contained in this Agreement; (b) The Company has made any statement to the Bank or provided the Bank with any credit information that is false in any respect; (c) The Company (or any guarantor of the Company's obligations under this Agreement) is in default of any other obligation it may owe to the Bank or any Bank Affiliate; or (d) The Company becomes insolvent, subject to a receivership, or subject to a voluntary or involuntary bankruptcy or similar proceeding, or the Bank, in good faith, determines that the financial condition of the Company has become impaired. Section 19.4 The Company agrees to advise the Bank promptly of any consolidation, merger, sale or conveyance of the Company or any principal part of its assets, or the sale or conveyance of any controlling interest in the Company, and upon any such happening the Bank shall have the right to terminate this Agreement upon written notice to the Company. Section 19.5 The expiration or termination of this Agreement shall not terminate, affect or impair any rights or obligations of either Party with respect to any Transactions or event related to this Agreement occurring prior to such expiration or termination, including, without limitation, obligations pursuant to Articles 14, 15, 16, 17, 18, 20, 21 , and 22 and obligations pursuant to the following Sections: 2.2; 2.3; 4.2; 8.3; 8.8; 10.1; 11 .2; 11 .3; 11 .5; 11 .6; 11 .7; 11 .8; 12. 1 ; 12.2; 12.4; 13.2; 19.2; and 19.5. Upon expiration or termination of this Agreement, the Bank shall have the right to demand immediate payment of the entire balance owed by the Company and any Cardholder and any default by a Cardholder shall be a default by the Company. The Bank shall have the right to setoff any accounts the Company maintains with the Bank or its Bank Affiliates to recover payment of sums due under this Agreement, and the Company waives any demands and notices that might otherwise be required to the extent permitted by law. ARTICLE 20 LIMITATION OF CLAIMS Section 20.1 When the term "Company" is used in this Article 20, that term means the Company and any of the following who will be considered "Company Related Parties": any Cardholder, Company Affiliate, Employee, or guarantor or authorized user of the Account, any Card, or any Card Account, and the heirs, successors, permitted assigns and trustee in bankruptcy of the Company and any Company Related Parties. References to "Bank Related Parties" in Article 20 include Bank Affiliates and the officers, directors, j agents, employees, representatives, successors and assigns of the Bank and Bank Affiliates. `Batik Related Parties" also include unaffiliated third parties that provide products, services or benefits to the Company or to the Bank in connection with the Account, any Card Account and any Card or that have otherwise participated in the marketing or servicing of the Account, any Card Account and any Card. Section 20.2 Before the Bank brings a Claim against the Company, Batik must notify the Company in writing of the Bank's Claim, including the amount of the Claim. Before the Company brings a Claim against the Bank, the Company must notify the Bank in writing of the Company's Claim, including the amount of the Claim. If the Bank has a Claim based on a payment obligation that the Company may have to the Bank: (1 ) the Bank's notification requirement will be considered satisfied by sending the Company a billing statement within the time required by applicable law and regulation; and (2) the Company will be afforded the period of time allowed by this Agreement and applicable law to make the payment before Bank commences court proceedings. If the Company has a Claim based on something the Bank or Bank Related Parties may have done or failed to do: (1) the Company agrees to provide the Company's notification to the Bank within 90 days after the time the Company could have first learned what the Batik or Bank Related Parties did or failed to do; and (2) the Bank will be afforded a reasonable period of time to take corrective action before Company commences court proceedings. Section 20.3 The Company and the Bank both agree, to the fullest extent allowed by law, that: (i) Claims will not under any circumstances be pursued in Class Proceedings; (ii) the Bank waives the right to bring or to participate in Class Proceedings against j Company; and (iii) the Company waives the right to bring or to participate in Class Proceedings against the Bank. If some other 13-1160 United City of Yorkville (VI) Page- 13 - of 21 person initiates a Class Proceeding against the Company, the Bank may not join that proceeding or participate as a member of that class. If some other person initiates a Class Proceeding against the Bank, the Company may not join that proceeding or participate as a member of that class. Section 20.4 The sections of this Article 20 shall survive the termination of this Agreement. ARTICLE 21 ONLINE SERVICES Section 21.1 As specified in the Set-Up Forms the Company provides to the Bank, the Bank will provide and make available the following services to the Company through one or more Online Services Systems, all as more specifically described in the User Guide (the "Online Services"). (a) The Bank will provide and make available Online Account Information to the Company; and (b) The Bank will access the Online Services System and provide Online Services System access to the Company in connection with the maintenance of: (i) Card Accounts (including adding new Card Accounts based on existing ones and canceling or modifying the applicable limitations or information related to any existing Card Account); and (ii) the Program Instructions. Section 21.2 The communication of Program Instructions through the Online Services System will constitute written notice of such Program Instructions in accordance with the applicable provisions of the Agreement. The communication of Program Instructions through the Online Services System will also comply with and satisfy any requirement in the Agreement for written documentation, including any requirement that the Company provide a completed Application for a Card Account (except for an Application for the Account or the first Card Account requested by the Company, which must be physically completed, signed and received by the Bank). Section 21.3 The Bank grants to the Company, and the Company accepts from the Bank, an Online Services Software License, subject to and in accordance with the terms of this Article 21 . This Online Services Software License shall be effective while such Online Services Software is in use by the Company on the Online Services System. The Company acknowledges and agrees that: (a) The Company will not have any ownership or other proprietary rights in the Online Services Software, the User Guide, and any other Online Services Materials; (b) The Online Services Software and Online Services Materials are protected by the copyright laws of the United States and the Bank's products and security relating the Online Services Software and Online Services Materials are confidential and proprietary trade secrets and of substantial value to the owner of the Online Services Software and the Online Services Materials, and their use and disclosure must be carefully and continuously controlled by the Company and its Employees and Cardholders; (c) The protected Online Services Materials must include all copyright, trade secret and any other proprietary notices and legends on the initial copy of the Online Services Materials and on each copy of the Online Services Materials that the Company is permitted to make; (d) The Company will not: (i) Remove, alter or obscure any trademark, trade names, logos, copyright or other notice contained or included in any of the Online Services Software or Online Services Materials; (ii) Transfer or license the Online Services Software or any portion of the Online Services Software; (iii) Change or modify the Online Services Software or the source code for the Online Services Software; (iv) Create derivative works from the Online Services Software or Online Services Materials; (v) Reverse engineer or attempt to reverse engineer the Online Services Software; or (vi) Attempt to discern the source code residing on the server on which the Online Services Software is run; (e) The Online Services Software will only be used by the Company and not used for or on behalf of others; (f) The Company will not disclose, publish, release, transfer or otherwise make the Online Services Software or Online Services Materials available in any form to, or for the use or benefit of, any other person or entity, other than its Employees and agents having need for such disclosure and only as authorized in this Article 21; (g) The Company will be fully responsible for compliance with all of the terms and conditions of this Agreement by its Employees and agents; and (h) The Company will not directly or indirectly copy, duplicate, or furnish to others any physical or magnetic version of the Online Services Software or Online Services Materials or permit others to do so. Section 21.4 The Bank will generate and provide the Company with the Devices required for access to the Online Services System, as further described in the User Guide and the Security Procedures for the Devices. The Company agrees that the Security Procedures provide it with a commercially reasonable level of security for use of the Online Services and access to the Online Services System. The Company and each user must safeguard the Devices and keep them confidential and secure from unauthorized j use. The Company must promptly report any breach of security to the Bank. The Company acknowledges and agrees that the Bank 13-1160 United City of Yorkville (V I) Page - 14 - oft] i i i may rely on, and the Company will be bound by, any and all requests for Online Account Information and any and all Program Instructions when accompanied by the applicable Devices and received in good faith by the Bank. The Bank has no duty or responsibility to discover, audit, or report to the Company any breach of security, but the Bank will use reasonable efforts to notify a Program Administrator if it learns about any such breach. The Bank will not incur any liability to the Company for any failure or delay by the Bank in providing the Company with any such notice. Section 21.5 The Company must use a Browser that complies with specifications set forth in the User Guide. The Online Services may be accessed by Company through the public Internet. The Company agrees to use the Online Services, as described in the User Guide, in compliance with all applicable laws and regulations. The Company understands that Online Account Information is updated periodically and therefore, at any point in time, may not reflect information on the Bank's records at such time, as more fully described in the User Guide. The Company acknowledges and agrees that the Online Services do not include any recommendation, guaranty, representation or warranty whatsoever. The Bank shall not be responsible for errors in Online Account Information provided to the Bank by non-Bank sources. Section 21.6 The Bank recommends that the Company have appropriate security measures for Internet use, including, a proxy server and/or firewalls to control and protect Internet access. The Bank shall not be responsible for (i) inability to contact the Online Services through the Internet resulting from a problem with an Internet service provider or online service provider or (ii) unknown hazards of Internet use. If the Company fails or is unable to access the Online Services, the Bank's sole responsibility shall be to use its commercially reasonable efforts to correct the problem and the Bank shall not suffer or incur any other liability in connection therewith. Section 21.7 The Bank will not be responsible for any data that is lost or destroyed in connection with the use of the Online Services. In addition, the Bank will not be responsible for the Company's inability to use the Online Services due to a mechanical hard drive failure or other system failure (including, but not limited to, a "lock-up" resulting from the Company's use of software). The Bank recommends that the Program Administrator take the necessary measures to ensure that the Company performs daily back-ups of data used in connection with the Online Services and the hard drives of the personal computers and/or the servers used in connection therewith. Section 21.8 In no event will the Bank have any liability whatsoever in connection with: (a) Any application errors in or security breaches of any Browser; (b) The Company's inability to use the Online Services or access the Online Services System due to any Internet or Browser problem or any other cause beyond the Bank's control; or (c) Any interception of any Online Account Information as a result of the use of the Internet. Section 21.9 The Bank hereby reserves the right to suspend the Online Services without notice to the Company. The Bank may terminate the Online Services upon notice to the Company. Section 21.10Any separate Online Business Banking Services Agreement between the Company and the Bank shall supplement this Agreement, including the provisions of this Article 21, with respect to the Online Services. If a provision of this Agreement conflicts or is inconsistent with any provision of the Online Business Banking Services Agreement, then whichever provision is more protective of or beneficial to the Bank shall control. Section 21.11 The sections of this Article 21 shall survive the termination of this Agreement. ARTICLE 22 MISCELLANEOUS Section 22.1 This Agreement has been made, executed, and delivered in the State of Nebraska. The Company hereby consents to the exclusive jurisdiction and venue of any local, state, or federal court located within the County of Douglas, State of Nebraska, for any action or proceeding arising out of this Agreement. The Company hereby waives personal service of any summons, complaint, or other process in connection with any such action or proceeding and agrees that the service of any such summons, complaint or other process may be made by first class mail to the Company address for written notices indicated below. Section 22.2 This Agreement is binding upon the assigns and successors of the Company. Except to the extent federal law is applicable, the interpretation, effect and validity of this Agreement shall be governed by the laws of the State of Nebraska. If any provision of the Agreement is held invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, the Parties agree that all other provisions of the Agreement shall remain unimpaired and enforceable. Section 22.3 No duty, obligation, or breach of the Company under the Agreement shall be waived or excused by the Bank, unless an authorized Bank representative has signed a written waiver or consent specifically related to any such duty, obligation or breach. Any failure or delay by the Bank to exercise any right, power, privilege, or remedy under the Agreement shall not operate as a waiver or consent in connection with any different or subsequent breach. Section 22.4 The article and section titles in this Agreement are included as a matter of convenience, for reference proposes only, and in no way define, limit, expand, or describe the scope or intent of any provision of the Agreement. Section 22.5 The sections of this Article 22 shall survive the termination of this Agreement. [THE REMAINDER OF THIS PAGE HAS BEENINTENTIONALLYLEFT BLANK THE SIGNATURE PAGE FOLLOMS THIS PAGE.] 13-1160 United City of Yorkville (VI ) Page - 15 - of 21 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written, FIRSSTNAATTIIIONAL BANK OF OMAHA UNITED CITY OF YORKVILLE B /—�,,. ( �•i By: ICI Print Name: . lam. Print Name: Title: { r f l°r Title: Date: I D�� r��/ ? Date: Br Print Name: Title: Vice President of Finance - Date: 10 ' Za- 13 Address for Written Notices: Address for Written Notices: i First National Bank of Omaha United City of Yorkville 1620 Dodge Street Stop 3199 800 Game Farm Rd. Omaha, NB 68197 Yorkville, IL 60560 Attention: First Bankcard Legal Department Attention: Accounting Facsimile; 402.602.6720 Facsimile: 630-553-7575 With telephone confirmation to: With telephone confirmation to: # 402-602-6750 # 630-553-4350 I 13-1160 United City of Yorkville (VI) Page - l6 - of 21 i SCHEDULE A PRICING SCHEDULE Bank Compensation to Companv Cards shall be eligible for the benefits and rewards available under the General Terms and Conditions established from time to time in connection with the Maximum Rewards® for Business Program. Company has designated itself to receive any such benefits and rewards. Program Fees & Chases Account and Card Account Fees Minimum Finance A minimum finance charge of $ 1 .75 will be added to the applicable Purchase and/or Cash Advance Charge balance of the Account or a Card Account if the finance charge earned in any billing cycle is less than that amount. Cash Advance The greater of$ 15.00 or 3% of each Cash Advance will be added to the Cash Advance balance of the Transaction Fee Account or Card Account for each Cash Advance transaction. Cash Advance The greater of$ 15.00 or 5% of each Cash Equivalent advance will be added to the Cash Advance Transaction Fee for Cash balance of the Account or Card Account for each Cash Advance transaction. Equivalent advances Annual Fee $10.00 per Card Account Late Fee A $250.00 late fee will be added to the Purchase balance of the Account if the Bank does not receive the required full payment of an amount due from the Company by its applicable Payment Due Date, as detailed on a Consolidated Billing Statement or Card Account Statement provided to the Company. A $35.00 late fee will be added to the Purchase balance of a Card Account if the Bank does not receive the required full payment of an amount due for that Card Account by its applicable Payment Due Date, as detailed on a Card Account Statement. Overlimit Fee An overlimit fee of$39.00 will be added to the Purchase balance if the outstanding balance of an Account or Card Account, including finance charges and fees, exceeds the Charge Limit or Transaction Limit at any time during a billing cycle. Payment Dishonored Fee A fee of$35.00 will be added to the Purchase balance if any payment in any form on the Account or a Card Account is dishonored or returned unpaid to the Bank for any reason. Stop Payment Fees A fee of$35.00 will be added to the Purchase balance for any stop payment request made by the Company or any Cardholder. Document/Statement A fee of$5.00 will be added to the Purchase balance for each sales draft copy requested by the Copy Fees Company or a Cardholder (unless related to an actual billing error), and for each duplicate copy of a Consolidated Billing Statement or Card Account Statement requested by the Company or a Cardholder. Foreign Transaction Fee A fee equal to 3% of each foreign transaction, after conversion to U.S. Dollars, will be assessed on all transactions made in currencies other than U.S. Dollars. Fees for foreign Cash Advances will be added to the Cash Advance balance of the Account or Card Account. Fees for foreign Purchases will be added to the Purchase balance of the Account or Card Account. Expedited Payment Fee A fee of$ 15.00 will be added to the Purchase balance of the Account or a Card Account each time the Company or a Cardholder has the Bank initiate an expedited payment by telephone. Expedited Delivery Fee A fee of$15.00 will be added to the Purchase balance of the Account or a Card Account each time the Company or Cardholder requires expedited delivery by the Bank of additional or replacement Cards. Product Training Fees No charge for one train-the-trainer product training session per product, by teleconference and/or webinar. Additional training sessions by teleconference and/or webinar, $150 per hour. Any on-site training, $1,000 plus expenses, per person, per day of training. Data Feed Fees "Data Feeds" include detailed Account and Card Account information that the Bank provides to the Company through a standard file transfer protocol, for use by the Company in its internal systems (to provide detail about transactions, debit and credit adjustments, and additional transaction-level data available through addenda records and hierarchy records). For purposes of the Agreement, the Account and Card Account information based on the Bank's system of record shall be shown through Consolidated Billing Statements and Card Account Statements, not the information or data that the Company may obtain 13-1160 United City of Yorkville (VI) Page - 17 - of 21 I through Data Feeds. The Company agrees that the Account and Card Account Information that the Bank provides through Consolidated Billing Statements and Card Account Statements shall control over any inconsistent information the Company might receive through Data Feeds. Data Feeds One-time set up fee of$300.00, plus an Annual Data Feed Fee of$360.00, plus a fee based on $0.016 per transaction (including each transaction, adjustment, addenda record, and hierarchy record). Periodic Rates ACCRUAL OF FINANCE CHARGES: There is no grace period before periodic rate finance charges begin to accrue on Cash Advances or Transaction fees related to a Cash Advance. Periodic rate finance charges accrue on Cash Advances and their related Transaction fees from the date of the Cash Advance or the first day of the billing cycle in which the Cash Advance is added to the Account and/or Card Account, whichever is more recent. No periodic rate finance charges will apply to Purchases and other Program Fees and Charges that are paid in full on or before their applicable Payment Due Date, as shown by the Consolidated Billing Statements and/or Card Account Statements. Periodic rate finance charges will accrue on Purchases, and on Program Fees and Charges added to the Account and/or Card Account as Purchases, beginning with the first day that follows the applicable Payment Due Date for each such Purchase or Program Fee and Charge. PERIODIC RATE FINANCE CHARGES; VARIABLE RATE INFORMATION: Periodic rate finance charges will be calculated using daily periodic rates, which correspond to certain Annual Percentage Rates. These rates may also be different for Purchases and Cash Advances. These rates may be variable. A variable Annual Percentage Rate is determined by adding the applicable Margin to the applicable Index. The daily periodic rate is 1/365t' (1/366" during leap years) of the Annual Percentage Rate. The Index is the highest U.S. Prime Rate as published 'in The Wall Street Journal during the 90 days immediately preceding the last day of each calendar month (the determination date). The Index will be effective for the entire billing cycle that ends in the second month after the determination date. For example, if the applicable Statement Date ends in July, the Bank will use the Index determined on May 31". An increase in the Index will increase the applicable Annual Percentage Rate and daily periodic rate, which may increase the payment due on the Account and/or Card Account. The rate for Purchases on the Account and Card Accounts is an Annual Percentage Rate of 19.99% (a daily periodic rate of .0548%). The rate for Cash Advances on the Account and Card Accounts is an Annual Percentage Rate of 19.99% (a daily periodic rate of .0548%). FINANCE CHARGESAND BALANCE CALCULATIONS: The Account and/or Card Account will generally have monthly billing cycles, but the first billing cycles may be more or less than one month. The Bank uses the Average Daily Balance method to compute a portion of the Finance Charges on the Account and/or Card Account. The Bank calculates periodic rate finance charges separately for each Transaction Category. (A) To compute Billed Periodic Rate Finance Charges: (1) For each Transaction Category, the Bank multiplies the Daily Balance (see below) by the applicable daily periodic rate for each day of the billing cycle; then (2) The Bank adds together all of the products calculated in (1) above. (B) To compute the Daily Balance for each Transaction Category: (1) The Bank takes the Beginning Balance of each day; (2) Adds any applicable new Transactions (such as Cash Advances and related Transaction fees, delinquent Purchases and other Program Fees and Charges, and debit adjustments)***; (3) Subtracts any applicable payments, credits, or credit adjustments; and (4) The Bank treats a credit balance as a balance of zero. For Card Accounts where Cardholders arejointly and severally liable with the Company or where Cardholders are notjointly and severally liable but are required by their Company to make payments, the annual fee, credit life fee, SecureCredit® program fee and, in certain circumstances, the overlimit fee, are not included in the Daily Balance calculation until the first day of the next billing cycle. For Card Accounts where Cardholders are not jointly and severally liable with the Company and are not required by their Company to make payments, the annual fee, credit life fee, SecureCredit® program fee and, in certain circumstances, the overlimit fee are included in the Daily Balance calculation on the first day of the billing cycle in which they post to the applicable Account and/or Card Account. I 13-1160 United City of Yorkville (VI) Page - 18 - of 21 The Bank adds the amount calculated in accordance with (A)(1) above to the Daily Balance and this amount becomes the Beginning Balance for the next day. On the Consolidated Billing Statement and/or Card Account Statement, the Bank will calculate an Average Daily Balance for each Transaction Category by adding all the Daily Balances for that Transaction Category and dividing that amount by the number of days in the billing cycle. If you multiply the Average Daily Balance for a Transaction Category by its daily periodic rate and multiply the result by the number of days in the billing cycle, the total will equal the Billed Periodic Rate Finance Charges for that Transaction Category, except for minor variations due to rounding. Cash Advance and foreign Transaction fee finance charges, if any, are added to the Billed Periodic Rate Finance Charges for all Transaction Categories and are shown on the Consolidated Billing Statement and/or Card Account Statement as Total Billed Finance Charges. The Annual Percentage Rate shown on the front of the Consolidated Billing Statement and/or Card Account Statement is based on the Total Billed Finance Charges. This Agreement provides for daily compounding of finance charges and fees. MINIMUM FINANCE CHARGE: If periodic rate finance charges are billed in any billing cycle, the minimum Billed Periodic Rate Finance Charge will be as shown above in the Account and Card Account Fees portion of this Schedule. The Bank may allocate the minimum Billed Periodic Rate Finance Charge among the various Transaction Categories in the manner that the Bank selects from time to time. PAYMENTS: Payment in full of all Transactions and Program Fees and Charges for each billing cycle shall be made on or before the applicable Payment Due Date for each respective billing cycle. Each Payment Due Date for each respective billing cycle will be detailed on the Consolidated Billing Statement and/or Card Account Statements. I I I i 13-1160 United City of Yorkville (VI) Page - 19 - of 21 SCHEDULE B Company Address for Delivery of Consolidated Billing Statements, Card Account Statements for Unassigned Cards, and Informational Card Account Statements (see 44 9.1 and 9.2): Company Name: United City of Yorkville Attn: Accounting Company Mailing Address: 800 Game Farm Rd., Yorkville, IL 60560 Liability of Company and/or Cardholders: Company is the only liable party for the Account and all Card Accounts, but will instruct some or all Cardholders to pay for their own Card Accounts based on individual Card Account Statements: The Company will instruct some or all of its Cardholders to make individual payments of their own Card Accounts based on Card Account Statements. The Bank, using the delivery method requested by the Cardholder, will provide each such Cardholder with a Card Account Statement for payment of his/her Card Account. The Company remains solely liable to the Bank for payment of all amounts due for the Account and all Card Accounts, including any Unassigned Cards the requested by the Company. The Bank, using the delivery method the Company requested above, will provide the Company with a Consolidated Billing Statement and/or Card Account Statements disclosing information about the use of, and the Company's liability for, the Account and all related Card Accounts (including without limitation the Company's liability for overdue Card Accounts and for Unassigned Cards requested by the Company). Payment Due Date (see &11.4): For Card Accounts for which the Company is solely liable, the Payment Due Date shall be 25 days after the Statement Date disclosed on the applicable Consolidated Billing Statement or applicable Card Account Statement(s). Payment Method (see 411.4): The Company agrees to make payment to the Bank in the time, manner and amount required by the Agreement and the Company's (- Consolidated Billing Statements and/or Card Account Statements, either by mailing a check to the Bank at the address provided on the Company's Consolidated Billing Statements and/or Card Account Statements or by initiating individual electronic payments or wire transfers to the Bank, with the Bank's assistance or using instructions and account information separately provided by the Bank. I I 13-1160 United City of Yorkville (VI) Page - 20 - of 21 EXHIBIT 1 Company Affiliates/Guaranteed Account(s) Company authorizes and directs Bank to issue Cards and Card Accounts to Employees of the following Company Affiliates: 1 . 2. 3. 4. 5. 6. 7. 8. 9. 10. 13-1160 United City of Yorkville (VI ) Page - 21 - of 21 M09 Commercial Card Presentation Nikki Washington , Regional Sales Executive Tav 2Lj > C� Goo First National Bank Omaha Who is First Bankcard ? First Bankcard, a subsidiary of First National Bank Omaha is the credit card business unit of FNNI, a family-owned financial service holding company. • First Bankcard is a top-12 U.S. corporate credit card issuer • Began issuing credit cards in 1953 • An industry leader - partnered with large US based corporations, financial institutions and branded partners for more than 40 years { • Unparalleled service experience • We develop and maintain leading-edge Forbes 2012 proprietary systems, which empowers us with the flexibility to customize solutions to your BEST BANKS needs IN AMERICA • Innovative product features and functionality First National Bank 2 Omaha First • Advantages First Bankcard, affords 3x greater acceptance over AMEX — this means: — Less program leakage (i.e. higher spend and rebates) — Increased supplier base for payables — Fewer frustrations among card users — More rebate revenue • Stronger linkage to a bank that understands all aspects of commercial cash management and lending — FNBO is a full service commercial bank with vastly more capabilities than a prestige-driven card provider • State-of-the-art reporting tools • Local, in-person customer service First National Bank 3 Omaha Why First Bankcard • Billing Cycle- 25 days • Revenue Share- Starting at $1 MM annual Spend • Reward option under $ 1 MM annual spend • Local Sales and Service • Online Tools • Company Logo on cards • Vendor Match First National Bank Omaha Difference between a small business card • large business card The Small Business program is underwritten by the personal financials of the signer on the agreement and is personally guaranteed • Online Access is available • Credit limits up to $50,000 The Large Business program is underwritten based on the company financials and is corporately guaranteed • Online Access is available • Credit limits of $50,000 and above • Reporting and tracking • Controls and restrictions First National Bank Omaha Card Benefits How the First National Bank of Omaha Card Program can benefit you: VA INCREASE IN CASH FLOW: • Pay your suppliers with a credit card, then pay the amount due to First National Bank of Omaha 25 days after your cycle close. Maintain your DPO around 45-50 Days REDUCE OPERATING COSTS: • Potentially earn early pay discounts by paying before due amounts prior to net term EXPENSE SAVINGS: • Reduces the direct and indirect costs associated with paying your vendors • Reduces the number of checks in your monthly check run EARN REBATES: • As spend increases, so does your rebate check • Earn larger percentage the more you spend CLIENT SUPPORT: • Program Administrators can contact Commercial Card Client Services at 1-800-652-5741 Monday- Friday, 7am-7pm CST • Cardholders can contact Customer Service 24/7 by calling the number on the back of the card, 1- 800-819-4249 • All 4 customer service centers are located in the Midwest and staffed by First National Bank of Omaha employees First National Bank 6 Omaha Card Benefits How the First National Bank of Omaha Card Program can benefit your Suppliers: FASTER CLEARING: • Vendors experience much faster payment posting from a credit card payment (48 hours avg.) than a check payment (up to 10 days) INCREASE CASH FLOW: • Suppliers enjoy access to their funds within 20 days of shipment of their product on average • Traditional check payments average 45 to 60 days until funds are available in their account REDUCED PROCESSING FEES: • As the volume of credit card payments accepted by your vendors increases, their fees are typically reduced by the processor LESS PAPERWORK: • The supplier's internal cost of invoice generation, check/invoice reconciliation, receivables posting, and check deposit fees will be reduced or eliminated FASTER PAYMENT REMITTANCE: • Vendors are paid faster and your organization gains the benefit of additional float VENDOR ACCEPTANCE SUPPORT: • First National Bank of Omaha will serve as your advocate to assist with setting up vendors who do not currently accept credit card for payments First National Bank Omaha Card Program Controls Program Restrictions can be placed at organization, Recommendation & Capabilities department (org point) or individual account holder levels: Merchants • Restrict the type of business where purchases can be made • MCC restrictions by card account or across the entire program Cash Access • Block cash advance restrictions at the organization, department or account level • Partial block (up to 20% of limit) if desired Credit Limit • Credit Limits can be defined and adjusted online per account • Daily, weekly, or monthly credit limit Velocity Limits — Daily, Weekly or Monthly Basis • Dollar volume restrictions / thresholds per account • Transaction limits per account First National Bank 8 Omaha Real Time Controls User Defined Program Administration allows for self service on multiple day to day card functions, including: • Order new or replacement cards • Cancel accounts instantly online • Add or change up to seven account alerts • Access account activity online by visiting www.firstnational.com • Modify and manage account credit limits instantly online • Make payments same day online • Ability to call, fax, or email client servicing to make program changes First National Bank 9 Omaha Electronic Reports Reporting Includes: • 24X7 access to online reporting through secure website Commercial Card • User defined, password protected Online Reporting 0 Access up to 36 months of data • Standard or customized reports — Standard report formats include PDF, Word, User ID: or Excel Password: Language: Amerimn English — Custom reports include over 700 data points v ® Provides expense reporting for employees • View all of the entire organization, specific organization points or specific accounts • Schedule reports to run one time, daily, weekly, monthly or by billing cycle • Email notification on completing First National Bank 10 Omaha Rewards Reward points: 1 point per dollar spent, starting at dollar one. Rewards can be earned at the card holder level, or at the company level. Some examples of Redemption options below: Gift Cards Merchand'►se Travel Apple Wod Bose 300 515 MACYS Visa/ Mastercard ;$25 Options Touch® 32GB - Headphone Ticket Ticket 4 h n r i n $25.00 3,200 $25.00 4,200 3,200 $50.00 6,300 $50.00 7,200 $50 6,500 42,500 15,500 31,600 54,200 $100.00 12,500 $100.00 12,500 $100 13,000 $250.00 31,300 $250.00 31,300 $250 32,500 $1,000 100,000 First National Bank Omaha Contact Information : Nikki Washington Regional Sales Executive Commercial Credit Card First National Bank of Omaha 1620 Dodge St. MS 3188 Omaha, NE 68197 phone: (402) 602-6505 (o) fax: (402) 938-5636 email: nwashington @fnni.com First National Bank Omaha