City Council Packet 2014 07-22-14
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 p.m.
Tuesday, July 22, 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 2014-48 Water Department Reports for March and April 2014
2. PW 2014-50 Sewer Cleaning Machine (Vac Truck) – RFP Results – authorize staff to purchase a new
Vac Con combination sewer cleaning machine from EJ Equipment of Manteno, Illinois at a base
cost of $359,390.00, plus purchase the central control and monitoring system for $3344.00, the
wireless remote for $4071.00, the data logging system for $8,000.00, and the auto lube system for
the centrifugal compressor for $2424.00, and also authorize staff to sell the current Vac Con
combination sewer cleaning machine to EJ Equipment of Manteno, Illinois in the amount of
$110,000.00
3. PW 2014-51 Heustis Street Improvements – Bid Award – accept bid and award contract to
“D” Construction, Inc. in an amount not to exceed $479,934.70
4. PW 2014-52 State Street Sanitary Sewer and Adrian Street Water Main and Drainage Improvements –
Bid Award – accept bid and award contract to “S & K Excavating & Trucking, Inc. in an amount
not to exceed $322,871.00
5. PW 2014-53 Cannonball Trail and Route 47 Improvements – Change Order No. 1 – authorize increase
in an amount not to exceed $13,589.04
6. PW 2014-54 Pond Naturalization RFP – authorize staff to issue a request for proposals for pond
naturalization of the Sunflower Estates ponds and the Greenbriar pond
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
City Council Agenda
July 22, 2014
Page 2
Minutes for Approval:
1. CC 2014-67 Minutes of the Regular City Council Meeting – June 24, 2014
2. CC 2014-68 Minutes of the Regular City Council Meeting – July 8, 2014
Bills for Payment (Informational): $1,120,456.71
Mayor’s Report:
1. CC 2014-65 Ordinance Authorizing the Issuance of General Obligation Bonds (Alternate Revenue
Source), of the United City of Yorkville, Kendall County, Illinois in One or More Series in an
Aggregate Principal Amount of $8,235,000
2. ADM 2014-49 Resolution Authorizing the Southwest Fox Valley Cable and Telecommunications
Consortium as Agent for Purposes of Negotiating Cable Franchise Renewal Terms
Public Works Committee Report:
1. PW 2014-55 Illinois Economic Development Program Agreement – Wrigley
Economic Development Committee Report:
Public Safety Committee Report:
Administration Committee Report:
Park Board:
1. CC 2014-69 Grande Reserve Park B Improvements – Award of Contract
Plan Commission:
1. PC 2014-10 Ordinance Approving a Special Use for a Daycare Center (Lighthouse Academy Daycare
Center – Lot 6 Kendall Crossing)
2. PC 2014-11 Ordinance Amending the Yorkville Zoning Ordinance by Adopting New Regulations for
Wind Energy Systems
3. PC 2014-13 Ordinance Authorizing the First Amendment to the Planned Unit Development Plan for the
Kendall Crossing Planned Unit Development (Monument Entryway Signage)
Zoning Board of Appeals:
City Council Report:
City Clerk’s Report:
Community and Liaison Report:
Staff Report:
1. CC 2014-70 Bond and Letter of Credit Reduction Report
Additional Business:
Executive Session:
Citizen Comments:
Adjournment:
City Council Agenda
July 22, 2014
Page 3
COMMITTEES, MEMBERS AND RESPONSIBILITIES
ADMINISTRATION: August 21, 2014 – 6:30 p.m. – City Hall Conference Room
Committee Departments Liaisons
Chairman: Alderman Spears Finance Library
Vice-Chairman: Alderman Milschewski Administration
Committee: Alderman Funkhouser
Committee: Alderman Frieders
ECONOMIC DEVELOPMENT: August 5, 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: August 7, 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: August 19, 2014 – 6:00 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
2014/2015 City Council Goals – City Council
Goal Priority Staff
“Staffing” 6 All Departments
“Vehicles and Small Equipment” 9 All Departments
UNITED CITY OF YORKVILLE
WORKSHEET
CITY COUNCIL
Tuesday, July 22, 2014
7:00 PM
CITY COUNCIL CHAMBERS
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AMENDMENTS TO AGENDA:
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CITIZEN COMMENTS ON AGENDA ITEMS:
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CONSENT AGENDA:
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1. PW 2014-48 Water Department Reports for March and April 2014
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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2. PW 2014-50 Sewer Cleaning Machine (Vac Truck) – RFP Results
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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3. PW 2014-51 Heustis Street Improvements – Bid Award
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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4. PW 2014-52 State Street Sanitary Sewer and Adrian Street Water Main and Drainage Improvements – Bid
Award
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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5. PW 2014-53 Cannonball Trail and Route 47 Improvements – Change Order No. 1
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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6. PW 2014-54 Pond Naturalization RFP
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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MINUTES FOR APPROVAL:
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1. CC 2014-67 Minutes of the Regular City Council – June 24, 2014
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes ____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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2. CC 2014-68 Minutes of the Regular City Council – July 8, 2014
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes ____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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BILLS FOR PAYMENT:
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1. Bills for Payment (Informational)
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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MAYOR’S REPORT:
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1. CC 2014-65 Ordinance Authorizing the Issuance of General Obligation Bonds in Aggregate Principal Amount
of $8,235,000
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
2. ADM 2014-49 Resolution Authorizing the Southwest Fox Valley Cable and Telecommunications Consortium
as Agent for Purposes of Negotiating Cable Franchise Renewal Terms
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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PUBLIC WORKS:
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1. PW 2014-55 Illinois Economic Development Program Agreement - Wrigley
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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PARK BOARD:
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1. CC 2014-69 Grande Reserve Park B Improvements - Award of Contract
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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PLAN COMMISSION:
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1. PC 2014-10 Ordinance Approving a Special Use for a Daycare Center (Lighthouse Academy Daycare Center)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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2. PC 2014-11 Ordinance Amending the Yorkville Zoning Ordinance by Adopting New Regulations for Wind
Energy Systems
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
3. PC 2014-13 Ordinance Authorizing the First Amendment to the Planned Unit Development Plan for the
Kendall Crossing Planned Unit Development (Monument Entryway Signage)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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STAFF REPORT:
-----------------------------------------------------------------------------------------------------------------------------------------
1. CC 2014-70 Bond and Letter of Credit Reduction Report
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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ADDITIONAL BUSINESS:
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CITIZEN COMMENTS:
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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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
CA #1
Tracking Number
PW 2014-48
Water Department Reports for March and April 2014
City Council – July 22, 2014
PW – 7/15/14
Moved to Consent Agenda
PW 2014-48
Majority
Approval
Monthly water reports that are submitted to the IEPA.
Eric Dhuse Public Works
Name Department
Cl;, United City of Yorkville
WATER DEPARTMENT REPORT
a
MARCH 2014
MONTH / YEAR
WELLS
NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE
FEET FEET FEET GALLONS
3 1335 510 120 160,000
4 1393 542 480 17,326,000
7 1527 1125 430 6,423,000
8 1384 840 360 14,129,000
9 1368 861 463 3,485,000
TOTAL 38,347,000
CURRENT MONTH'S PUMPAGE IS 2,384,000 GALLONS more THAN LAST MONTH
1,247,000 GALLONS more THAN LAST YEAR
DAILY AVERAGE PUMPED: 1,237,000 GALLONS
DAILY MAXIMUM PUMPED: 1,422,000 GALLONS
DAILY AVERAGE PER CAPITA USE: 83.64 GALLONS
WATER TREATMENT:
CHLORINE: 1,002 LBS. FED CALCULATED CONCENTRATION: 30 MG/L
FLUORIDE: 331 LBS. FED CALCULATED CONCENTRATION: 21 MG/L
POLYPHOSPHATE: 751 LBS. FED CALCULATED CONCENTRATION: 34 MG/L
WATER QUALITY:
BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY:
18 SATISFACTORY 0_ UNSATISFACTORY (EXPLAIN)
FLUORIDE: 3 SAMPLE(S) TAKEN CONCENTRATION: 1.0 MG/L
MAINTENANCE:
NUMBER OF METERS REPLACED: 7 NUMBER OF LEAKS OR BREAKS REPAIRED: 2
MXU'S: 3 BATTERIES REPLACED: 14
NEW CUSTOMERS:
RESIDENTIAL: 2 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: _0
COMMENTS:
Lost about 200,000 due to main breaks.
C/).
J, United City of Yorkvillebp
WATER DEPARTMENT REPORT
APRIL 2014
MONTH / YEAR
WELLS
NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE
FEET FEET FEET GALLONS
3 1335 510 120 461,000
4 1393 542 231 19,451,000
7 1527 1125 430 6,279,000
8 1384 840 451 7,757,000
9 1368 861 321 8,440,000
TOTAL 39,041,000
CURRENT MONTH'S PUMPAGE IS 694,000 GALLONS more THAN LAST MONTH
7,606,000 GALLONS more THAN LAST YEAR
DAILY AVERAGE PUMPED: 1,301,366 GALLONS
DAILY MAXIMUM PUMPED: 2,124,000 GALLONS
DAILY AVERAGE PER CAPITA USE: 124.94 GALLONS
WATER TREATMENT:
CHLORINE: 967 LBS. FED CALCULATED CONCENTRATION: 30 MG/L
FLUORIDE: 403 LBS. FED CALCULATED CONCENTRATION: 21 MG/L
POLYPHOSPHATE: 852 LBS. FED CALCULATED CONCENTRATION: 34 MG/L
WATER QUALITY:
BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY:
18 SATISFACTORY 0_ UNSATISFACTORY (EXPLAIN)
FLUORIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.0 MG/L
MAINTENANCE:
NUMBER OF METERS REPLACED: 5 NUMBER OF LEAKS OR BREAKS REPAIRED: 2
MXU'S: 1 BATTERIES REPLACED: 2
NEW CUSTOMERS:
RESIDENTIAL: 4 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: —1
COMMENTS:
Lost about 800,000 due to bad 12 inch valve at Spice Factory, and Elizabeth Street.
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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
CA #2
Tracking Number
PW 2014-50
Sewer Cleaning Machine (Vac Truck) – RFP Results
City Council – July 22, 2014
PW – 7/15/14
Moved to Consent Agenda
PW 2014-50
Majority
Approval
RFP results for trade in of current unit and purchase of new combination sewer
cleaning machine (vac truck).
Eric Dhuse Public Works
Name Department
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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
CA #3
Tracking Number
PW 2014-51
Heustis Street Improvements – Bid Opening Results
City Council – July 22, 2014
PW – 7/15/14
Moved to Consent Agenda
PW 2014-51
Consideration of Award
Recommendation of Contract Award
Brad Sanderson Engineering
Name Department
Bids were received, opened and tabulated for work to be done on the Heustis Street
Improvements at 9:30 a.m., July 3, 2014. Representatives of contractors bidding the project, the
City, and our firm were in attendance. A tabulation of the bids and the engineer’s estimate is
attached for your information and record.
It should be noted that in addition to the Huestis Street Improvements, we added via addendum
work (overlays) along Fox Street and Washington from IL Rt 47 to Mill in an attempt to
complete additional paving. Both sections of street were targeted within the five year plan and
are adjacent to the Huestis work. The additional costs based on bid prices are as follows:
Fox $21,865.28
Washington $32,047.82
We recommend the acceptance of the bid and approval of award be made to the low bidder,
“D” Construction, Inc., 1488 S. Broadway, Coal City, IL 60416 in the amount of $479,934.70,
which includes the work along Fox and Washington.
If you have any questions or require additional information, please let us know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: July 9, 2014
Subject: Heustis Street Improvements
Page 1 of 1
BID TABULATION
UNITED CITY OF YORKVILLE
BID TABULATION ENGINEER'S ESTIMATE
BIDS RECD 52 Wheeler Road
7/3/2014 Sugar Grove, IL 60554
ITEM UNIT UNIT UNIT UNIT UNIT UNIT UNIT
NO.DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1 UNIT 38 30.00$ 1,140.00$ 35.00$ 1,330.00$ 40.00$ 1,520.00$ 46.00$ 1,748.00$ 42.50$ 1,615.00$ 30.00$ 1,140.00$ 20.00$ 760.00$
2 UNIT 240 45.00$ 10,800.00$ 35.00 8,400.00$ 45.00 10,800.00$ 46.00 11,040.00$ 47.00 11,280.00$ 32.00 7,680.00$ 25.00 6,000.00$
3 PRESSURE CONNECTION WITH TAPPING SLEEVE, AND 8" TAPPING VALVE IN 60" VAULT EACH 3 4,500.00$ 13,500.00$ 6,500.00 19,500.00$ 6,100.00 18,300.00$ 5,750.00 17,250.00$ 6,825.00 20,475.00$ 7,000.00 21,000.00$ 6,500.00 19,500.00$
4 FOOT 15 90.00$ 1,350.00$ 72.00 1,080.00$ 94.00 1,410.00$ 112.25 1,683.75$ 107.25 1,608.75$ 74.00 1,110.00$ 70.00 1,050.00$
5 WATER MAIN, 8-INCH D.I.P, CLASS 52, WITH POLYETHYLENE WRAP FOOT 715 100.00$ 71,500.00$ 65.00 46,475.00$ 95.00 67,925.00$ 122.00 87,230.00$ 109.50 78,292.50$ 64.00 45,760.00$ 80.00 57,200.00$
6 GATE VALVE, 8-INCH (RESILIENT SEAT), AND VALVE BOX EACH 2 4,000.00$ 8,000.00$ 1,800.00 3,600.00 1,700.00 3,400.00$ 3,120.00 6,240.00$ 2,015.00 4,030.00$ 2,200.00 4,400.00$ 1,700.00 3,400.00$
7 FIRE HYDRANT ASSEMBLY WITH AUXILIARY VALVE, 6-INCH MJ EACH 1 4,000.00$ 4,000.00$ 5,000.00 5,000.00$ 3,800.00 3,800.00$ 4,500.00 4,500.00$ 4,245.00 4,245.00$ 4,500.00 4,500.00$ 4,500.00 4,500.00$
8 LB 591 5.00$ 2,955.00$ 3.00 1,773.00$ 10.00 5,910.00$ 4.50 2,659.50$ 11.25 6,648.75$ 9.00 5,319.00$ 6.50 3,841.50$
9 CUYD 50 30.00$ 1,500.00$ 35.00 1,750.00$ 52.00 2,600.00$ 65.00 3,250.00$ 58.00 2,900.00$ 38.00 1,900.00$ 50.00 2,500.00$
10 EACH 15 1,000.00$ 15,000.00$ 1,200.00 18,000.00$ 1,800.00 27,000.00$ 1,100.00 16,500.00$ 2,015.00 30,225.00$ 1,450.00 21,750.00$ 1,200.00 18,000.00$
11 WATER SERVICE PIPE, 1-INCH TYPE K COPPER FOOT 440 40.00$ 17,600.00$ 42.00 18,480.00$ 72.00 31,680.00$ 45.00 19,800.00$ 81.50 35,860.00$ 40.00 17,600.00$ 30.00 13,200.00$
12 DISCONNECT AND ABANDON EXISTING WATER MAIN EACH 3 1,200.00$ 3,600.00$ 1,500.00 4,500.00$ 1,600.00 4,800.00$ 1,500.00 4,500.00$ 1,790.00 5,370.00$ 2,300.00 6,900.00$ 1,000.00 3,000.00$
13 VALVE BOXES TO BE ABANDONED EACH 1 1,000.00$ 1,000.00$ 50.00 50.00$ 350.00 350.00$ 200.00 200.00$ 450.00 450.00$ 250.00 250.00$ 200.00 200.00$
14 WATER MAIN TESTING - PRESSURE AND DISINFECTION LSUM 1 2,000.00$ 2,000.00$ 1,000.00 1,000.00$ 2,500.00 2,500.00$ 7,500.00 7,500.00$ 2,800.00 2,800.00$ 3,800.00 3,800.00$ 2,500.00 2,500.00$
15 EACH 9 1,300.00$ 11,700.00$ 1,800.00 16,200.00$ 1,000.00 9,000.00$ 750.00 6,750.00$ 1,120.00 10,080.00$ 1,250.00 11,250.00$ 800.00 7,200.00$
16 EACH 5 300.00$ 1,500.00$ 125.00 625.00$ 400.00 2,000.00$ 250.00 1,250.00$ 450.00 2,250.00$ 385.00 1,925.00$ 200.00 1,000.00$
17 FOOT 589 40.00$ 23,560.00$ 62.00 36,518.00$ 44.00 25,916.00$ 57.65 33,955.85$ 50.25 29,597.25$ 41.00 24,149.00$ 45.00 26,505.00$
18 EACH 1 800.00$ 800.00$ 750.00 750.00$ 850.00 850.00$ 1,200.00 1,200.00$ 1,005.00 1,005.00$ 785.00 785.00$ 800.00 800.00$
19 EACH 2 1,000.00$ 2,000.00$ 2,400.00 4,800.00$ 2,200.00 4,400.00$ 1,350.00 2,700.00$ 2,450.00 4,900.00$ 1,810.00 3,620.00$ 2,000.00 4,000.00$
20 EACH 4 600.00$ 2,400.00$ 1,200.00 4,800.00$ 1,000.00 4,000.00$ 1,000.00 4,000.00$ 1,120.00 4,480.00$ 825.00 3,300.00$ 1,400.00 5,600.00$
21 EACH 1 500.00$ 500.00$ 1,200.00 1,200.00$ 750.00 750.00$ 1,500.00 1,500.00$ 840.00 840.00$ 585.00 585.00$ 1,000.00 1,000.00$
22 EACH 3 1,000.00$ 3,000.00$ 450.00 1,350.00$ 1,000.00 3,000.00$ 3,750.00 11,250.00$ 1,120.00 3,360.00$ 985.00 2,955.00$ 600.00 1,800.00$
23 GAL 2,720 1.00$ 2,720.00$ 1.00 2,720.00$ 0.10 272.00$ 0.10 272.00$ 2.15 5,848.00$ 0.01 27.20$ 0.01 27.20$
24 SQYD 326 10.00$ 3,260.00$ 10.00 3,260.00$ 7.00 2,282.00$ 7.20 2,347.20$ 20.25 6,601.50$ 8.00 2,608.00$ 15.00 4,890.00$
25 SQYD 3,553 4.00$ 14,212.00$ 4.00 14,212.00$ 3.50 12,435.50$ 4.00 14,212.00$ 2.75 9,770.75$ 4.60 16,343.80$ 3.00 10,659.00$
26 TON 275 75.00$ 20,625.00$ 95.00 26,125.00$ 79.00 21,725.00$ 89.00 24,475.00$ 73.75 20,281.25$ 78.00 21,450.00$ 65.00 17,875.00$
27 TON 230 85.00$ 19,550.00$ 105.00 24,150.00$ 83.00 19,090.00$ 101.00 23,230.00$ 79.50 18,285.00$ 88.00 20,240.00$ 72.00 16,560.00$
28 TON 400 85.00$ 34,000.00$ 95.00 38,000.00$ 83.00 33,200.00$ 101.00 40,400.00$ 79.50 31,800.00$ 88.00 35,200.00$ 72.00 28,800.00$
29 FOOT 15 50.00$ 750.00$ 75.00 1,125.00$ 650.00 9,750.00$ 75.00 1,125.00$ 40.00 600.00$ 250.00 3,750.00$ 10.00 150.00$
30 SQYD 265 20.00$ 5,300.00$ 55.00 14,575.00$ 115.00 30,475.00$ 126.00 33,390.00$ 55.75 14,773.75$ 125.00 33,125.00$ 30.00 7,950.00$
31 AGGREGATE SUBGRADE IMPROVEMENT, 12"SQYD 1880 12.00$ 22,560.00$ 12.00 22,560.00$ 10.00 18,800.00$ 17.00 31,960.00$ 13.50 25,380.00$ 9.50 17,860.00$ 16.00 30,080.00$
32 CUYD 315 25.00$ 7,875.00$ 62.00 19,530.00$ 30.00 9,450.00$ 55.00 17,325.00$ 35.00 11,025.00$ 38.00 11,970.00$ 45.00 14,175.00$
33 SQYD 1880 2.00$ 3,760.00$ 2.00 3,760.00$ 3.50 6,580.00$ 2.75 5,170.00$ 4.50 8,460.00$ 4.00 7,520.00$ 2.00 3,760.00$
34 SQYD 55 80.00$ 4,400.00$ 35.00 1,925.00$ 70.00 3,850.00$ 12.00 660.00$ 91.00 5,005.00$ 10.00 550.00$ 60.00 3,300.00$
35 SQFT 200 25.00$ 5,000.00$ 52.00 10,400.00$ 14.00 2,800.00$ 3.00 600.00$ 18.50 3,700.00$ 7.50 1,500.00$ 65.00 13,000.00$
36 SQYD 290 25.00$ 7,250.00$ 10.00 2,900.00$ 7.00 2,030.00$ 10.00 2,900.00$ 17.75 5,147.50$ 6.00 1,740.00$ 15.00 4,350.00$
37 AGGREGATE WEDGE SHOULDERS, TYPE B TON 20 25.00$ 500.00$ 25.00 500.00$ 60.00 1,200.00$ 75.00 1,500.00$ 36.00 720.00$ 55.00 1,100.00$ 35.00 700.00$
38 SQYD 55 5.00$ 275.00$ 15.00 825.00$ 16.00 880.00$ 5.00 275.00$ 17.75 976.25$ 4.60 253.00$ 10.00 550.00$
39 FOOT 70 15.00$ 1,050.00$ 15.00 1,050.00$ 20.00 1,400.00$ 10.00 700.00$ 22.51 1,575.70$ 25.00 1,750.00$ 10.00 700.00$
40 SQYD 1880 25.00$ 47,000.00$ 28.00 52,640.00$ 17.00 31,960.00$ 37.62 70,725.60$ 19.50 36,660.00$ 22.00 41,360.00$ 20.00 37,600.00$
41 SQFT 5918 2.00$ 11,836.00$ 2.00 11,836.00$ 1.00 5,918.00$ 0.45 2,663.10$ 1.25 7,397.50$ 3.50 20,713.00$ 1.50 8,877.00$
42 SQFT 6100 5.00$ 30,500.00$ 5.00 30,500.00$ 8.00 48,800.00$ 10.00 61,000.00$ 5.05 30,805.00$ 7.00 42,700.00$ 6.00 36,600.00$
43 DETECTABLE WARNINGS SQFT 116 20.00$ 2,320.00$ 24.00 2,784.00$ 30.00 3,480.00$ 29.00 3,364.00$ 29.05 3,369.80$ 28.00 3,248.00$ 30.00 3,480.00$
44 FOOT 15 35.00$ 525.00$ 38.00 570.00$ 40.00 600.00$ 36.00 540.00$ 62.25 933.75$ 40.00 600.00$ 25.00 375.00$
45 FOOT 92 10.00$ 920.00$ 4.00 368.00$ 4.00 368.00$ 8.00 736.00$ 4.50 414.00$ 5.00 460.00$ 10.00 920.00$
46 EACH 1 600.00$ 600.00$ 750.00 750.00$ 1,500.00 1,500.00$ 450.00 450.00$ 1,675.00 1,675.00$ 2,000.00 2,000.00$ 1,500.00 1,500.00$
47 SIGN TO BE REMOVED AND RESET EACH 5 150.00$ 750.00$ 100.00 500.00$ 300.00 1,500.00$ 250.00 1,250.00$ 335.00 1,675.00$ 150.00 750.00$ 150.00 750.00$
48 RELOCATE MAILBOX EACH 14 200.00$ 2,800.00$ 100.00 1,400.00$ 300.00 4,200.00$ 150.00 2,100.00$ 336.00 4,704.00$ 285.00 3,990.00$ 150.00 2,100.00$
49 RESTORATION SQYD 1350 7.50$ 10,125.00$ 8.00 10,800.00$ 5.00 6,750.00$ 4.00 5,400.00$ 7.50 10,125.00$ 10.00 13,500.00$ 3.00 4,050.00$
50 THERMOPLASTIC PAVEMENT MARKINGS - LINE 6"FOOT 320 4.00$ 1,280.00$ 5.00 1,600.00$ 7.50 2,400.00$ 10.00 3,200.00$ 5.00 1,600.00$ 5.00 1,600.00$ 5.00 1,600.00$
51 THERMOPLASTIC PAVEMENT MARKINGS-LINE 12"FOOT 75 10.00$ 750.00$ 12.00 900.00$ 15.00 1,125.00$ 10.00 750.00$ 20.00 1,500.00$ 14.00 1,050.00$ 20.00 1,500.00$
52 REPLACEMENT TREE, 2.5" CALIPER (MIN.) BALLED AND BURLAPPED EACH 13 500.00$ 6,500.00$ 525.00 6,825.00$ 600.00 7,800.00$ 500.00 6,500.00$ 530.00 6,890.00$ 485.00 6,305.00$ 500.00 6,500.00$
53 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL, TYPE 1 TON 100 25.00$ 2,500.00$ 55.00 5,500.00$ 38.00 3,800.00$ 54.00 5,400.00$ 45.00 4,500.00$ 15.00 1,500.00$ 65.00 6,500.00$
54 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL, TYPE 2 TON 100 25.00$ 2,500.00$ 55.00 5,500.00$ 10.00 1,000.00$ 25.00 2,500.00$ 13.50 1,350.00$ 8.00 800.00$ 65.00 6,500.00$
55 TRAFFIC CONTROL AND PROTECTION LSUM 1 2,000.00$ 2,000.00$ 85,000.00 85,000.00$ 20,000.00 20,000.00$ 11,150.00 11,150.00$ 16,000.00 16,000.00$ 18,000.00 18,000.00$ 20,000.00 20,000.00$
475,398.00$ 602,271.00$ 549,331.50$ 624,977.00$ 561,861.00$ 527,241.00$ 479,934.70$
26.69%15.55%31.46%18.19%10.91%0.95%
HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINT
GRADING AND SHAPING DITCHES
PAVEMENT REMOVAL AND EARTH EXCAVATION
SIDEWALK REMOVAL
PORTLAND CEMENT CONCRETE SIDEWALK, 5-INCH
COMBINATION CONCRETE CURB AND GUTTER, TYPE M-4,12
AGGREGATE SUBGRADE IMPROVEMENT
GEOTECHNICAL FABRIC FOR GROUND STABILIZATION
STABILIZED DRIVEWAYS, 10"
PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT
COMBINATION CONCRETE CURB AND GUTTER REMOVAL
FIRE HYDRANT REMOVAL
TOTAL
Bid error by Bidder. The Unit Price from the Bid is shown and will be the Contract value.
AGGREGATE DRIVEWAY
HOT MIX ASPHALT DRIVEWAY PAVEMENT REMOVAL
HOT-MIX ASPHALT SURFACE REMOVAL - 1.5 INCH
HOT-MIX ASPHALT BINDER COURSE, IL-19.0L, N50, 2.5"
HOT-MIX ASPHALT SURFACE COURSE, MIX "C, N50, 1.5"
HOT-MIX ASPHALT SURFACE COURSE, MIX "C, N50, 2.25"
ROADWAY EDGE CRACK ROUTING AND SEALING
PAVEMENT PATCHING
STORM SEWER, RCP, CLASS A, TYPE 2, 12"
CATCH BASIN, TYPE A, 4' DIA W/ TYPE 1 FRAME AND GRATE
INLET, TYPE A, 2' DIA W/ TYPE 1 FRAME AND GRATE
CONNECT TO EXISTING MANHOLE
EXPLORATORY TRENCH
BITUMINOUS MATERIALS (PRIME COAT)
PRECAST REINFORCED CONCRETE FES 12" W/ GRATE
WATER MAIN, 6-INCH D.I.P, CLASS 52, WITH POLYETHYLENE WRAP
FOUNDATION MATERIAL
WATER SERVICE CONNECTION, 1-INCH
VALVE BOXES TO BE ADJUSTED
DUCTILE IRON FITTINGS
SANITARY MANHOLES TO BE ADJUSTED, SPECIAL
S&K EXCAVATING & TRUCKING, INC
904 E. Street Rt 71
HARDIN PAVING SERVICES
4413 Roosevelt Road #108
TREE REMOVAL, 6-15 UNIT DIAMETER
TREE REMOVAL, OVER 15 UNIT DIAMETER
Coal City, IL 60416
D. CONSTRUCTION
1488 S. Broadway1203 Theodore Street722 E. South Street Unit D
LEN COX & SONS EXCAVATINGH. LINDEN & SONS SEWER & WATER
HEUSTIS STREET IMPROVEMENTS
Hillside, IL 60162P.O. Box 665Newark, IL 60541
STARK & SON TRENCHING, INC.
45W826 Rohrsen Road
Hampshore, IL 60140 Crest Hill, IL 60403Plano, IL 60545
ENGINEERING ENTERPRISES, INC.
52 WHEELER ROAD, SUGAR GROVE, ILLINOIS
B
N
S
F
R
R
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Rob Roy
R
o
b
R
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C
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B
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b
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C
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Blackberry Creek
F
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R
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B
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C
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B
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C
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Fox River
M
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a
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C
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F
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R
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Fox River
S Bridge St
E Highpoint Rd
Gra
P
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s
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L
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S Main St
G
r
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fi
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N
R
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O
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D
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M
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li
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D
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O
l
d
G
lory Dr
F
a
i
r
h
a
v
e
n
Dr
Ronhill Rd
Wals
h Cir
McLellan Blvd
Na
wak
wa
Ln
S
u
m
a
c
D
r
Timber Cre e k D r E
Yellowstone Ln
N
o
r
w
a
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C
i
r
Cr
White Oak W
a
y
W i n d h a m C i r
Kelly Ave
S
q
u
ir
e
C
ir
Iroqois Ln
Deer St
Shadow Creek Ln
T
w
i
n
l
e
a
f
T
r
l
Tim
ber Ridge Dr
Hideaway Ln
E
Barberry Cir
R ic h m o n d A v e
Burr St
Mu r f i e l d D r
W Lexington Cir
D e e r p a t h D r
W i n g R d
Prairie Ln
W
o
o
d
S
age Ave
W R o yal Oaks
D
r
Illini Dr
T
a
u
s
Cir
Bruell St
Marketview Dr
M a r k et Place Dr
Homestead Dr
Game Farm Rd
Freemont St
Arrowhead Dr
W Kendall D r
W Kendall Dr
l F a r m Rd
H
a
y
d
e
n D
r
McHugh Rd
Center Pkwy
K
e
n
n
e
d
y
R
d
Wacker Dr
Ashley Rd
Immanuel Rd
Va
n
E
m
m
o
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R
d
L
e
g
i
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n
R
d
B ri s t o l R i d g e R d
Cannonball Trl
villion Rd
F
i
e
l
d
s Dr
Tuma Rd
W
F
o
x
S
t
F airfax W ay
Windett Ridge Rd
Country Hills Dr
E m e r a l d L n
Prair
ie
Cro
ssin
g Dr
Mill St
Hilltop Rd
Tanglewood Trails Dr
Walsh Dr
Hawk Hollow Dr
H
a
m
p
t
o
n
L
n
E Van Emmon St
R iv e r si d e D r
Poplar Dr
Autumn Cree k B l v d
M
c
M
urtrie Way
K i n g s m i l l S t
Alice Ave
P a r k w a y D r
A
l
d
e
n Ave
R a i n t r e e R d
Crooked Creek Dr
S
u
t
t
o
n
St
Gr
e
en
B
r
ia
r
R
d
Western Ln
Fairfield Ave
Maple Ln
Lillian Ln
Heustis St
E Countryside Pkwy
Quinsey Ln
Commercial Dr
W Madison St
W R
id
ge S
t
E Fox St
K e ntshire Dr
High Ridge Ln
Coach Rd
P
e
n
man Rd
S Royal Oaks Dr
Shad
o
w
Wood Dr
C
oloni
al
P
kwy
P
o
n
d
e
r
o
s
a
D
r
E Washington St
B
eav
e
r
S
t
Ridge St
Teri Ln
E Vete
rans Pkwy
Northland Ln
Wheaton Ave
G
o
l
d
e
n
r
o
d
D
r
E
l
d
e
n
D
r
F o rd D r
R
i
v
e
r
B
ir
ch
D
r
Lauren Dr
W Van Emmon St
Eliz
ab
eth
St
River Birch Ln
Morgan St
Wooden Bridge Dr
M
anchester Ln
O
a
k
S
t
Adrian St
Coral Dr
W
i
n
t
e
r
b
e
r
r
y
D
r
B a n bu r y A v e
W h i t e O a k W a y
W
arbler Ln
Bristol Ave
Drayto n C t
King St
Juli u s C t
Appletree Ct
Fox G l e n D r E
F
l
i
n
t
C
r
e
e
k
L
n
Omaha Dr
H
a
r
v
e
s
t
T
rl
Cedar Ct
B l u e ja y D r
O
a
k
L
n
Colton St
P
i
n
e
C
t
Denise Ct
Garden Cir
L
i
n
d
e
n
A
v
e
S
u
n
s
et
A
v
e
O
a
k
la
w
n
A
v
e
L y m a n L o o p
Henning Ln
Amos Ave
Bristol Rid g e R d
J
o
n
a
than Dr
W e s t o n A v e
H
o
n
e
y
s
u
c
k
l
e
L
n
E Elm St
W Veterans Pkwy
Candleberry Ln
Gawne Ln
K
a
t
e
D
r
Bla
in
e St
S w it c h g r a ss Ln
Yorkville Rd
G
oldfinch Ave
Rood St
Ga
rd
en
St
C
l
a
r
e
m
o
n
t Ct
E m ily Ct
Boomer Ln
Columbine Dr
Aster Dr
W
est
wi
n
d
D
r
Woodland Dr
Walnut St
Woodworth St
Jackson St
Tremont Ave
S
P
a
r
k
D
r
B
o
n
n
ie L
n
N Park Dr
St
C
a
n
a
r
y Ave
W y t h e P l
C
a
n
y
o
n
C
t
Dalton Ave
Division St
South St
Tim ber Creek Dr
Aubur n D r
Birchwood Dr
Wolf S
t
C h ris t y L n
W a l n u t D r
C o r a l b e r r y C t
C
l
o
v
e
r
C
t
Ov e r l o o k C t
M
a
p
l
e
S
t
mber Creek Pl
Hillcrest Ave
S
a
ge Ct
Cardinal Dr
Dakota Dr
A m a nda Ln
W John St
Wilson Ct
Behrens St
S
u
n
n
y
D
e
ll Ct
P a t r i c i a L n
Wal
ter
St
A
n
d
r
e
a
C
t
E Ridge St
C
o
n
s
e
r
v
a
t
i
o
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D
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W
inter
t
h
u
r Grn
F
a
w
n
R
i
d
g
e
C
t
P a l m er C t
Spruce Ct
Strawberry Ln
W Dolph St
Mistwood Ct
F a r m s t e a d D r
Mul
h
e
r
n
C
t
E
B
l
a
c
k
b
e
r
r
y
L
n
Naden Ct
Tower Ln
H
i
c
k
o
r
y
C
t
Red Tail Ln
Chestnut Cir
E Kendall Dr
Liberty St
P
o
w
e
r
s
C
t
B
l
u
e
s
t
e
m
D
r
Q
u
i
n
s
e
y
L
n
Birch Ct
Norton Ln
Laurel Ct
R
i
v
e
r
R
d
P
help
s Ct
Patriot Ct
Neola Rd
S Main St
W Fox St
Austi n Ct
Church St
Haley Ct
Wells St
Fir Ct
Cannonball Trl
E Main St
Walsh Dr
Johnson St
W
Som
o
n
a
uk
S
t
C
a
n
n
o
n
b
a
l
l
T
r
l
W Veterans Pkwy
Mill St
S Bridge St
Jefferson St
State St
State St
Madison Ct
E Orange St
Olsen St Illini Ct
W
W
a
s
h
i
n
g
t
o
n
S
t
W Dolph St
W Orange St
W Washington St
W Beecher St
R e d h o r s e L n
Fox Glen Ct
Timber Creek Dr W
Brandenburg Way
Legion Rd
Arcadia Ln
E H i g h p o i n t R d
W a l s h D r
Su
n
f
l
o
w
er
C
t
Hawthorne Ct
Walsh Ct
B
u
c
k
t
h
o
r
n
e
C
t
W B a r b e r r y C i r
C o r n e r st o ne D r
B
u
r
n
i
n
g
B
u
s
h
Dr
Spi
c
e
b
u
sh Ct
Deer St
West St
W Center St
E Center St
W
Som
onauk S
t
W Spring St
W Main St
River Rd
N Bridge St
E Spring St
E
Park St
E
S
o
monauk St
Sanders Ct Worsley St
E
Main St
Oakwood St
Freemont St
Martin Ave
Victoria Ave
Marie Ave
Heritage Dr
H
e
a
rtl
a
n
d
D
r
Stillwater Ct
Omaha Dr
Redwood Dr
G r a ce Dr
E Spring St E Spring St
C
e
n
t
r
a
l
D
r
Acorn Ln
R
iv
e
r
s
id
e
R
d
Wheatl a n d C t
Landmark Ave
M
c
H
u
g
h
R
d
Tuma Rd
Carpenter St
Menard Dr
D
i
c
k
s
o
n
C
t
C e n t e r P k w y
W
C
o
u
n
t
r
y
s
i
d
e
P
k
w
y
B l a c k b e r r y C t
W
B
l
a
c
k
b
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r
r
y
L
n
A n d e r s o n C t
Cornell Ln
Independe
n
c
e
B
l
v
d
John
St
Hic k o r y Ln
Meadowview Ln
Canyon Trl
Canyon Trl Ct
White Plains Ln
Alan Dale Ln
Faxon R
d
F
a
x
o
n
R
d
C
h
e
s
h
i
r
e
C
t
N e w b u r y C t
Essex Ct
D o v e r Ct N
Dover Ct S
C
atalpa Trl
Redbud Dr
C
a
n
n
o
n
b
all T
rl
A l an D al e L n
Crestwood Dr
Caledonia Dr
Fontana Dr
Pinewood Dr
Plum St
Grove St
Cross St
Main St
R o y a l O a k s C t
K
e
n
n
e
d
y
R
d
Lakevie w D r
Bell St
Chestnut Ct
S a r a v a n o s D r
T o m m y Hug
h
e
s
W
a
y
N B r id g e S t
C o n c o r d C t
E Lexington Cir
P r i a r i e M e a d o w D r
W i l d I n d i g o L n
P r a i r i e R o s e L n
C o n e f l o w e r C t
P
r
a
i
r
i
e
G
rass Ln
McHugh Rd
Prairie Clo ver D r
E Countryside P k w y
McHugh Rd
Conover Ln
Leisure St
Ple
asure Dr
Georgeanna St
Sycamore Rd
John St
Seq
uoia C
ir
C
h
e
s
t
nut Ln
Chestnut Ln
Ston
e
r
i
d
g
e
C
t
S
t
o
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e
r
i
d
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C
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S
t
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C
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L
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S
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a
r
o
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L
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T y l e r C r e e k C t
A
a
r
o
n
L
n
(
P
l
a
t
t
e
d
)
kwy
P o p l a r D r
Walsh Cir
R
e
d Tail Ct
Beecher Rd
S
i
e
n
n
a
D
r
Madden Ct
Cobalt Dr
M
e
a
d
o
w
l
a
r
k
L
n
Meadowlark
Ct
Greenfield T
urn
S
u
n
n
y
D
e
l
l
L
n
H
a
z
e
l
t
i
n
e
W
a
y
St Jose
p
h
s
W
a
y
Waverly Cir
Blueberry
Hill
Hearthstone Ave
Hartfield Ave
Bra
e
m
o
r
e Ln
Ash
w
o
r
t
h
L
n
Fairfax W
ay
C a u lfie ld P t
Fitzhugh Turn
Wilton Ct
T
i
m
b
e
r
C
r
e
e
k
C
t
Neola Ct
N B r i d g e S t
Beecher Rd
N Bridge St
Schoolhouse Rd
I
l
l
i
n
o
i
s
R
o
u
t
e
7
1
Illin
o
is
R
o
u
te 7
1
C
a
n
n
o
n
b
all Trl
Trilliu
m Ct
Meadow Rose Ln
Candleberry Ct
V i l l a g e V i e w D r
D e e r p o i n t L nIngemunson L n
S
t
a
g
e
c
o
a
c
h
T
r
l
Illi
n
o
i
s
R
o
u
t
e
7
1
Illin ois R o ute 126
S B ri d g e S t
L
e
g
i
o
n
R
d
Kennedy Rd
T
i
m
b
e
r
V
i
e
w
L
n
Shadow Creek Ct
Co
untry View Dr
Wren Rd
Prestwick L n
S
h
etla
n
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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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
CA #4
Tracking Number
PW 2014-52
State Street Sanitary and Adrian Street Water Main Improvements – Bid Opening Results
City Council – July 22, 2014
PW – 7/15/14
Moved to Consent Agenda
PW 2014-52
Consideration of Award
Recommendation of Contract Award
Brad Sanderson Engineering
Name Department
Bids were received, opened and tabulated for work to be done on the State Street Sanitary Sewer
and Adrian Street Water Main and Drainage Improvements at 10:00 a.m., July 3, 2014.
Representatives of contractors bidding the project, the City, and our firm were in attendance. A
tabulation of the bids and the engineer’s estimate is attached for your information and record.
We recommend the acceptance of the bid and approval of award be made to the low bidder,
S&K Excavating & Trucking, Inc., 904 E. State Rte 71, P.O. Box 655, Newark, IL 60541 in the
amount of $322,871.00.
If you have any questions or require additional information, please let us know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: July 9, 2014
Subject: State Street Sanitary Sewer and Adrian Water Main and Drainage
Improvements
Page 1 of 1
BID TABULATION
UNITED CITY OF YORKVILLE
BID TABULATION ENGINEER'S ESTIMATE
BIDS RECD 52 Wheeler Road
7/3/2014 Sugar Grove, IL 60554
Newark, IL 60541
ITEM UNIT UNIT UNIT UNIT UNIT UNIT UNIT
NO.DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1 FOOT 35 105.00$ 3,675.00$ 50.00$ 1,750.00$ 125.00$ 4,375.00$ 106.00$ 3,710.00$ 59.00$ 2,065.00$ 106.00$ 3,710.00$ 115.25$ 4,033.75$
2 FOOT 718 115.00$ 82,570.00$ 95.00 68,210.00$ 175.00 125,650.00$ 170.00 122,060.00$ 76.50 54,927.00$ 126.00 90,468.00$ 122.50 87,955.00$
3 SANITARY SERVICE SEWER, 6-INCH PVC SDR-26 FOOT 367 70.00$ 25,690.00$ 90.00 33,030.00$ 58.00 21,286.00$ 135.00 49,545.00$ 67.00 24,589.00$ 65.00 23,855.00$ 113.00 41,471.00$
4 EACH 7 3,500.00$ 24,500.00$ 4,200.00 29,400.00$ 3,500.00 24,500.00$ 3,300.00 23,100.00$ 3,550.00 24,850.00$ 2,200.00 15,400.00$ 3,100.00 21,700.00$
5 ADDITIONAL DEPTH OF MANHOLE VF 5 250.00$ 1,250.00$ 200.00 1,000.00$ 150.00 750.00$ 60.00 300.00$ 750.00 3,750.00$ 300.00 1,500.00$ 350.00 1,750.00$
6 SANITARY SEWER REMOVAL, 8-INCH FOOT 286 10.00$ 2,860.00$ 12.00 3,432.00$ 10.00 2,860.00$ 5.00 1,430.00$ 12.00 3,432.00$ 10.00 2,860.00$ 8.00 2,288.00$
7 SANITARY SEWER REMOVAL, 10-INCH FOOT 92 12.00$ 1,104.00$ 15.00 1,380.00$ 10.00 920.00$ 5.00 460.00$ 35.00 3,220.00$ 10.00 920.00$ 8.00 736.00$
8 SANITARY SEWER ABANDON WITH PLUGS AND CLSM LSUM 1 7,500.00$ 7,500.00$ 8,000.00 8,000.00$ 5,000.00 5,000.00$ 3,200.00 3,200.00$ 10,500.00 10,500.00$ 4,000.00 4,000.00$ 15,000.00 15,000.00$
9 EACH 5 1,000.00$ 5,000.00$ 900.00 4,500.00$ 500.00 2,500.00$ 500.00 2,500.00$ 1,250.00 6,250.00$ 600.00 3,000.00$ 750.00 3,750.00$
10 EACH 1 750.00$ 750.00$ 500.00 500.00$ 500.00 500.00$ 500.00 500.00$ 895.00 895.00$ 500.00 500.00$ 850.00 850.00$
11 DEFLECTION TESTING SANITARY SEWER FOOT 753 2.50$ 1,882.50$ 1.90 1,430.70$ 2.00 1,506.00$ 1.50 1,129.50$ 3.00 2,259.00$ 2.00 1,506.00$ 4.00 3,012.00$
12 TELEVISING SANITARY SEWER FOOT 753 3.50$ 2,635.50$ 2.50 1,882.50$ 3.00 2,259.00$ 1.50 1,129.50$ 4.00 3,012.00$ 2.00 1,506.00$ 6.00 4,518.00$
13 SANITARY MANHOLE VACUUM TESTING EACH 7 500.00$ 3,500.00$ 300.00 2,100.00$ 125.00 875.00$ 187.00 1,309.00$ 885.00 6,195.00$ 300.00 2,100.00$ 200.00 1,400.00$
14 STORM SEWERS, 4" PERFORATED HDPE WITH SOCK FOOT 150 30.00$ 4,500.00$ 40.00 6,000.00$ 18.00 2,700.00$ 46.00 6,900.00$ 45.00 6,750.00$ 32.00 4,800.00$ 65.00 9,750.00$
15 CONNECTION TO EXISTING STORM MANHOLE - CORE DRILL EACH 1 1,000.00$ 1,000.00$ 1,500.00 1,500.00$ 1,200.00 1,200.00$ 2,000.00 2,000.00$ 985.00 985.00$ 1,200.00 1,200.00$ 1,875.00 1,875.00$
16 EACH 2 2,200.00$ 4,400.00$ 2,000.00 4,000.00$ 2,500.00 5,000.00$ 4,600.00 9,200.00$ 3,400.00 6,800.00$ 3,000.00 6,000.00$ 5,700.00 11,400.00$
17 FOOT 319 90.00$ 28,710.00$ 95.00 30,305.00$ 65.00 20,735.00$ 127.00 40,513.00$ 69.00 22,011.00$ 90.00 28,710.00$ 115.00 36,685.00$
18 PRESSURE CONNECTION WITH 6-INCH GATE VALVE IN 48-INCH VAULT EACH 1 6,000.00$ 6,000.00$ 6,000.00 6,000.00$ 6,500.00 6,500.00$ 6,000.00 6,000.00$ 500.00 500.00$ 6,100.00 6,100.00$ 5,750.00 5,750.00$
19 EACH 1 3,500.00$ 3,500.00$ 1,400.00 1,400.00$ 1,800.00 1,800.00$ 1,300.00 1,300.00$ 2,100.00 2,100.00$ 1,200.00 1,200.00$ 1,950.00 1,950.00$
20 EACH 1 5,000.00$ 5,000.00$ 4,900.00 4,900.00$ 5,000.00 5,000.00$ 5,700.00 5,700.00$ 4,500.00 4,500.00$ 3,800.00 3,800.00$ 4,500.00 4,500.00$
21 LB 435 7.00$ 3,045.00$ 12.00 5,220.00$ 3.00 1,305.00$ 13.00 5,655.00$ 9.00 3,915.00$ 10.00 4,350.00$ 6.20 2,697.00$
22 FOOT 62 50.00$ 3,100.00$ 75.00 4,650.00$ 85.00 5,270.00$ 61.00 3,782.00$ 75.00 4,650.00$ 50.00 3,100.00$ 42.00 2,604.00$
23 CUYD 50 35.00$ 1,750.00$ 60.00 3,000.00$ 35.00 1,750.00$ 44.00 2,200.00$ 38.00 1,900.00$ 52.00 2,600.00$ 65.00 3,250.00$
24 WATER SERVICE TRANSFER, 1-INCH EACH 2 1,200.00$ 2,400.00$ 1,800.00 3,600.00$ 1,200.00 2,400.00$ 1,400.00 2,800.00$ 2,250.00 4,500.00$ 1,000.00 2,000.00$ 1,200.00 2,400.00$
25 EACH 4 1,200.00$ 4,800.00$ 1,200.00 4,800.00$ 1,500.00 6,000.00$ 2,600.00 10,400.00$ 2,950.00 11,800.00$ 1,600.00 6,400.00$ 2,100.00 8,400.00$
26 LSUM 1 1,000.00$ 1,000.00$ 2,500.00 2,500.00$ 1,500.00 1,500.00$ 2,000.00 2,000.00$ 3,800.00 3,800.00$ 2,500.00 2,500.00$ 5,200.00 5,200.00$
27 SQYD 993 6.00$ 5,958.00$ 12.00 11,916.00$ 5.00 4,965.00$ 4.00 3,972.00$ 8.00 7,944.00$ 10.00 9,930.00$ 4.95 4,915.35$
28 SQYD 673 40.00$ 26,920.00$ 70.00 47,110.00$ 45.00 30,285.00$ 48.00 32,304.00$ 48.00 32,304.00$ 43.00 28,939.00$ 51.00 34,323.00$
29 SQYD 273 45.00$ 12,285.00$ 70.00 19,110.00$ 55.00 15,015.00$ 48.00 13,104.00$ 54.00 14,742.00$ 53.00 14,469.00$ 59.00 16,107.00$
30 SQYD 47 80.00$ 3,760.00$ 100.00 4,700.00$ 100.00 4,700.00$ 63.00 2,961.00$ 150.00 7,050.00$ 140.00 6,580.00$ 150.00 7,050.00$
31 TEMPORARY PAVEMENT PATCH, 1.5-INCH SQYD 47 25.00$ 1,175.00$ 40.00 1,880.00$ 10.00 470.00$ 44.00 2,068.00$ 78.00 3,666.00$ 25.00 1,175.00$ 75.00 3,525.00$
32 SQYD 26 6.00$ 156.00$ 15.00 390.00$ 25.00 650.00$ 6.00 156.00$ 8.00 208.00$ 10.00 260.00$ 5.00 130.00$
33 SQYD 7 35.00$ 245.00$ 100.00 700.00$ 310.00 2,170.00$ 50.00 350.00$ 65.00 455.00$ 44.00 308.00$ 48.00 336.00$
34 SQYD 19 75.00$ 1,425.00$ 85.00 1,615.00$ 59.00 1,121.00$ 53.00 1,007.00$ 75.00 1,425.00$ 180.00 3,420.00$ 265.00 5,035.00$
35 SQYD 47 10.00$ 470.00$ 22.00 1,034.00$ 10.00 470.00$ 44.00 2,068.00$ 47.00 2,209.00$ 15.00 705.00$ 175.00 8,225.00$
36 FOOT 35 40.00$ 1,400.00$ 55.00 1,925.00$ 38.00 1,330.00$ 56.00 1,960.00$ 35.00 1,225.00$ 40.00 1,400.00$ 36.00 1,260.00$
37 SQFT 568 6.00$ 3,408.00$ 9.50 5,396.00$ 10.00 5,680.00$ 10.00 5,680.00$ 12.00 6,816.00$ 10.00 5,680.00$ 11.00 6,248.00$
38 SQFT 16 30.00$ 480.00$ 25.00 400.00$ 24.00 384.00$ 30.00 480.00$ 25.00 400.00$ 30.00 480.00$ 35.00 560.00$
39 EACH 1 250.00$ 250.00$ 250.00 250.00$ 50.00 50.00$ 300.00 300.00$ 250.00 250.00$ 200.00 200.00$ 250.00 250.00$
40 EACH 4 250.00$ 1,000.00$ 300.00 1,200.00$ 100.00 400.00$ 100.00 400.00$ 485.00 1,940.00$ 300.00 1,200.00$ 150.00 600.00$
41 SQYD 800 7.50$ 6,000.00$ 12.00 9,600.00$ 10.00 8,000.00$ 10.00 8,000.00$ 12.00 9,600.00$ 5.00 4,000.00$ 8.00 6,400.00$
42 THERMOPLASTIC PAVEMENT MARKINGS - LINE 6"FOOT 164 8.00$ 1,312.00$ 10.00 1,640.00$ 10.00 1,640.00$ 5.00 820.00$ 15.00 2,460.00$ 10.00 1,640.00$ 31.00 5,084.00$
43 TON 50 35.00$ 1,750.00$ 80.00 4,000.00$ 45.00 2,250.00$ 50.00 2,500.00$ 38.00 1,900.00$ 48.00 2,400.00$ 54.00 2,700.00$
44 TON 50 35.00$ 1,750.00$ 80.00 4,000.00$ 45.00 2,250.00$ 50.00 2,500.00$ 15.00 750.00$ 20.00 1,000.00$ 25.00 1,250.00$
45 LSUM 1 15,000.00$ 15,000.00$ 10,000.00 10,000.00$ 55,000.00 55,000.00$ 30,000.00 30,000.00$ 12,000.00 12,000.00$ 15,000.00 15,000.00$ 6,500.00 6,500.00$
316,866.00$ 361,356.20$ 390,971.00$ 419,453.00$ 327,499.00$ 322,871.00$ 395,423.10$
14.04%23.39%32.38%3.36%1.90%24.79%
P.O. Box 655Morris, IL 60450 Hampshire, IL 60140
STARK & SON TRENCHING, INC.
45W826 Rohrsen Road
Plano, IL 60545
SUPERIOR EXCAVATING CO.S&K EXCAVATING & TRUCKINGBRANDT BUILDERS, INC.H. LINDEN & SONS SEWER & WATER
722 E. South Street Unit D 904 E. State Rt 711203 Theodore Street
LEN COX & SONS EXCAVATING
Crest Hill, IL 60403
CONNECTION TO EXISTING 6-INCH WATER MAIN
WATER MAIN, 6-INCH D.I.P, CLASS 52, WITH POLYETHYLENE WRAP
GATE VALVE, 6-INCH (RESILIENT SEAT) IN VALVE BOX
FIRE HYDRANT ASSEMBLY, 6-INCH MJ
P.O. Box 575
ABANDON EXISTING SANITARY MANHOLE
Channahon, IL 60410
385 E. Hoover Street
DUCTILE IRON FITTINGS
SEWER CONSTRUCTION - PIPE SEWERS, 8-INCH, PVC SDR-26
SEWER CONSTRUCTION - PIPE SEWERS, 12-INCH, PVC SDR-26
TYPE A SANITARY MANHOLE, 4' DIAMETER, TYPE 1 FRAME AND CLOSED LID
REMOVE EXISTING SANITARY MANHOLE
WATER MAIN PROTECTION, PVC C-900, 12-INCH
VALVE BOX TO BE ABANDONED
FOUNDATION MATERIAL
MAILBOX TO BE REMOVED AND REPLACED
DISCONNECT AND ABANDON EXISTING WATER MAIN
WATER MAIN TESTING - PRESSURE AND DISINFECTION
HOT-MIX ASPHALT PAVEMENT REMOVAL
HOT-MIX ASPHALT PAVEMENT, 4-INCH
HOT-MIX ASPHALT PAVEMENT, 4-INCH, SPECIAL
HOT-MIX ASPHALT PAVEMENT, 8-INCH
DRIVEWAY PAVEMENT REMOVAL
HMA DRIVEWAY PAVEMENT, N50, 2-INCH
PORTLAND CEMENT CONCRETE DRIVEWAY, 6-INCH
TRAFFIC CONTROL AND PROTECTION
FULL DEPTH AGGREGATE DRIVEWAY PAVEMENT REMOVAL AND REPLACEMENT, 8-INCH
COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT
SIDEWALK REMOVAL AND REPLACEMENT
DETECTABLE WARNINGS
STATE STREET SANITARY SEWER AND ADRIAN STREET WATER MAIN AND DRAINAGE IMPROVEMENTS
RESTORATION
NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL, TYPE 1
NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL, TYPE 2
TOTAL
ENGINEERING ENTERPRISES, INC.
52 WHEELER ROAD, SUGAR GROVE, ILLINOIS
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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
CA #5
Tracking Number
PW 2014-53
Cannonball and Route 47 Improvements – Change Order #1
City Council – July 22, 2014
PW – 7/15/14
Moved to Consent Agenda
PW 2014-52
Consideration of Approval
Change Order Consideration
Brad Sanderson Engineering
Name Department
Geneva Construction has requested to be compensated for wage rate increases that occurred
during the project due to delays caused by private utilities per the attached correspondence.
This project was initially awarded in February 2012 with the intention of the work being
completed during the 2012 construction season. Due to private utility relocation delays, the
contractor was not able to start until summer 2013. The delays were not caused by the contactor
as the relocates were not their responsibility.
We have reviewed the data provided by Geneva Construction and support the request for the
increased compensation in the amount of $13,589.04. As a reminder, this project is funded
through monies received from the Kendall Marketplace development.
If you have any questions or require additional information, please call.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: June 30, 2014
Subject: Cannonball and Rte 47 Improvements
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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
CA #6
Tracking Number
PW 2014-54
Sunflower and Greenbriar Pond Naturalization
City Council – July 22, 2014
PW – 7/15/14
Moved to consent agenda
PW 2014-54
Majority
Approval
Permission to Seek Bids
Brad Sanderson Engineering
Name Department
Summary
Review of RFP specs for naturalization of the Sunflower Estates ponds and potential
naturalization of the Greenbriar pond.
Background
In the FY 15 budget proposal and the December 2013 tax levy ordinance, the City has initiated
the naturalization of the detention basins in the Sunflower Estates subdivision. The maintenance of the
detention basins is covered by the residents in the subdivision through a HOA SSA. EEI has drafted
specs for an RFP to send to contractors, and that RFP is attached. In order to put this project out to bid,
City Council has to approve the form of the RFP.
In discussing the Sunflower Estates project, the Greenbriar subdivision ponds were reviewed.
The City took maintenance responsibilities of the Greenbriar detention basins around the time of the
creation of the subdivision, and maintenance of the basins is 100% the City’s responsibility. Many of the
same issues in Sunflower Estates’ detention basins occur in the Greenbriar detention basins, and the
Greenbriar basin would benefit from being naturalized. Further, bidding out and completing both
projects together would likely be more cost effective to the City and the residents in Sunflower Estates
subdivision. However, the City has not budgeted for the Greenbriar project, which we expect to be in
the $30,000 range.
Recommendation
The City is not required to notify the residents of the Greenbriar subdivision in the event we
decide to naturalize it. However, we think that some form of information should be sent to the residents
of the subdivision which gives them multiple points of contact for questions and comments on the
project. To that end, we recommend:
1) The City Council moves forward with approving the RFP with specs for both the Sunflower
and Greenbriar subdivisions.
2) In the event that the bids received for doing both projects simultaneously are more favorable
than doing them singularly, the City can authorize a budget amendment, notify the residents
of Greenbriar, and proceed with both projects.
3) If bids are not favorable or the City Council does not want to entertain a budget amendment
for Greenbriar, we can proceed singularly with the Sunflower Estates naturalization project.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: July 10, 2014
Subject: Pond naturalization
The purpose of this memo is to request permission from the Public Works Committee to proceed
with bidding of the projects. The Sunflower and Greenbriar projects will be bid separately. It is
our understanding that this work has been budgeted in FY2015.
Attached for your information are the bid packages for both of the proposed projects. If you
have any questions or require additional information, please let us know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: July 9, 2014
Subject: Sunflower/Greenbriar Pond Naturalization
PROJECT MANUAL
For
SUNFLOWER ESTATES AND GREENBRIAR POND
IMPROVEMENTS
United City of Yorkville
Kendall County, Illinois
Bid Issue: JULY 2014
ENGINEERING ENTERPRISES, INC.
52 Wheeler Road
Sugar Grove, Illinois 60554
630/466-6700
BIDS DUE: AUGUST 14, 2014 @ 10:00 AM
Proposal Submitted By:
Name
Address
City State Zip
Phone Number
PROJECT MANUAL
for
SUNFLOWER ESTATES AND GREENBRIAR POND IMPROVEMENTS
United City of Yorkville
Kendall County, Illinois
Bid Issue: July 2014
ENGINEERING ENTERPRISES, INC.
52 Wheeler Road
Sugar Grove, Illinois 60554
630/466-6700
YO1424-C TABLE OF CONTENTS
PROJECT MANUAL
For
SUNFLOWER ESTATES AND GREENBRIAR POND IMPROVEMENTS
UNITED CITY OF YORKVILLE
Kendall County, Illinois
TABLE OF CONTENTS
CONTRACT DOCUMENTS
ADVERTISEMENT FOR BIDS AB-01 – 02
INFORMATION FOR BIDDERS IB-01 – 09
BID B-01 – 05
BID BOND BB-01 – 02
AGREEMENT A-01 – 04
PAYMENT BOND PAB-01 – 04
PERFORMANCE BOND PEB-01 – 04
NOTICE OF AWARD NA-01 – 02
NOTICE TO PROCEED NP-01 – 02
CHANGE ORDER CO-01 – 02
GENERAL CONDITIONS GC-01 – 11
SPECIAL PROVISIONS* 1 – 10
APPENDIX A – LOCATION EXHIBITS and BASIN AS-BUILTS
APPENDIX B – SEEDING MIXTURES
*See Separate Table of Contents Included in this Section
(continued) AB-01
ADVERTISEMENT FOR BIDS
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Separate sealed BIDS for the construction of Sunflower Estates and Greenbriar
Pond Improvements; which consists of the installation of native vegetation on four
ponds including site preparation, seeding and plug installation, algaecide treatment,
and three years of maintenance will be received by United City of Yorkville, 800 Game
Farm Road, Yorkville, IL 60560 until 10:00 a.m., local time, August 14, 2014, and then
at said office publicly opened and read aloud.
The CONTRACT DOCUMENTS may be examined at the following location:
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
A certified check or bank draft, payable to the order of The United City of Yorkville
negotiable U.S. Government bond (at par value) or a satisfactory Bid Bond executed by
the Bidder and an acceptable surety in an amount equal to ten percent (10%) of the
total Bid shall be submitted with each Bid.
Attention is called to the fact that not less than the minimum salaries and wages as
set forth in the Contract Documents must be paid on this project and that the Contractor
must ensure that employees and applicants for employment are not discriminated
against because of their race, color, religion, sex, or national origin.
The United City of Yorkville reserves the right to reject all Bids or to waive any
informalities in the bidding.
ADVERTISEMENT FOR BIDS
Page 2
(continued) AB-02
Bids may be held by The United City of Yorkville for a period not to exceed 60 days
from the date of the opening of Bids for the purpose of reviewing the Bids and
investigating the qualifications of Bidders, prior to awarding of the Contract.
The United City of Yorkville is an equal opportunity employer.
Copies of the CONTRACT DOCUMENTS may be obtained at the office of
Engineering Enterprises, Inc., located at 52 Wheeler Road, Sugar Grove, Illinois 60554
Telephone 630/466-6700
upon payment of $25.00 for each set, which is not refundable.
July 22, 2014 By Order of the United City of Yorkville
Beth Warren, City Clerk
(continued) IB-01
INFORMATION FOR BIDDERS
BIDS will be received by The United City of Yorkville, (herein called the "OWNER"),
at 800 Game Farm Road, Yorkville, IL 60560 until 10:00 a.m., local time, August 14,
2014, and then at said office publicly opened and read aloud.
The WORK consists of the construction of Sunflower Estates and Greenbriar Pond
Improvements; which consists of the installation of native vegetation on four ponds
including site preparation, seeding and plug installation, algaecide treatment, and three
years of maintenance.
Each BID must be submitted in a sealed envelope, addressed to The United City of
Yorkville, 800 Game Farm Road, Yorkville, IL 60560. Each sealed envelope containing
a BID must be plainly marked on the outside as BID for Sunflower Estates and
Greenbriar Pond Improvements and the envelope should bear on the outside the name
of the BIDDER, his address, and his license number if applicable. If forwarded by mail,
the sealed envelope containing the BIDS must be enclosed in another envelope
addressed to the OWNER at 800 Game Farm Road, Yorkville, IL 60560.
All BIDS must be made on the required BID form. All blank spaces for BID prices
must be clearly filled in, in ink or typewritten. The BID form must be fully completed and
executed when submitted. Numbers should be stated in figures and the signatures of
all individuals must be in longhand. The completed form should be without
interlineation, alterations, or erasures.
Each bid must give the full business address of the BIDDER and must be signed by
the BIDDER with his or her usual signature. BIDS by partnerships must furnish the full
names of all partners and must be signed in the partnership name by a general partner
with authority to bind the partnership in such matters.
INFORMATION FOR BIDDERS
Page 2
(continued) IB-02
BIDS by corporations must be signed with the legal name of the corporation,
followed by the signature and designation of the president, secretary, or other person
authorized to bind the corporation in this matter. The name of each person signing
shall also be typed or printed below the signature. When requested by the OWNER,
satisfactory evidence of the authority of the office signing on behalf of the corporation
shall be furnished. A BIDDER’s failure to properly sign required forms may result in
rejection of the BID.
The OWNER reserves the right to reject any and all bid proposals, to contract work
with whomever and in whatever manner the OWNER decides, to abandon the work
entirely, or to waive any informality or non-substantive irregularity as the interest of the
OWNER may require.
Any BID may be modified or withdrawn prior to the above scheduled time for the
opening of BIDS or authorized postponement thereof. Any BID received after the time
and date specified shall not be considered. No BIDDER may withdraw a BID within
60 days after the actual date of the opening thereof.
Any addenda or bulletins issued during the time of bidding shall form a part of the
specifications issued to BIDDERS for the preparation of their proposals and shall
continue a part of the Contract Documents.
Should there be reasons why the contract cannot be awarded within the specified
period, the time may be extended upon mutual agreement between the OWNER and
the BIDDER.
The quantities shown are approximate. The OWNER reserves the right to increase
or decrease quantities as desired. BIDDERS must satisfy themselves of the accuracy
of the estimated quantities in the BID Schedule by examination of the site and a review
INFORMATION FOR BIDDERS
Page 3
(continued) IB-03
of the exhibits and specifications including ADDENDA. After BIDS have been
submitted, the BIDDER shall not assert that there was a misunderstanding concerning
the quantities of WORK or of the nature of the WORK to be done. The BIDDER must
BID all items contained in the BID schedule.
The OWNER shall provide to BIDDERS prior to BIDDING, all information which is
pertinent to, and delineates and describes, the land owned and construction easements
required or to be acquired.
The CONTRACT DOCUMENTS contain the provisions required for the construction
of the PROJECT. Information obtained from an officer, agent, or employee of the
OWNER or any other person shall not affect the risks or obligations assumed by the
CONTRACTOR or relieve him from fulfilling any of the conditions of the contract.
The CONTRACTOR shall cooperate with other contractors that work on any portion
of projects directly or indirectly related to this PROJECT. The CONTRACTOR shall
schedule his construction to minimize conflicts in common work areas and to maintain
continuity in construction and traffic management.
After award of the CONTRACT, a preconstruction meeting will be held, with
representatives of the OWNER, ENGINEER, and CONTRACTOR, including the
superintendent actually assigned to this PROJECT. This meeting will be held prior to
the beginning of WORK. The PROJECT will be reviewed at that time.
At the preconstruction meeting, the CONTRACTOR shall furnish to the OWNER and
ENGINEER their proposed schedule of improvements, including estimated time of
completion for the various work items along with their proposed mobilization plan and
soil erosion and sedimentation control plan.
INFORMATION FOR BIDDERS
Page 4
(continued) IB-04
The CONTRACTOR will dispose of all unsuitable and unusable materials off-site at
an approved location in a manner that public or private property will not be damaged or
endangered. This WORK is considered incidental to the cost of the PROJECT.
Location of utilities shown on plans is approximate only, and is not necessarily
complete. CONTRACTOR shall make their own investigations as to location of all
existing underground structures, cables, and pipe lines.
The BIDDER hereby agrees to commence WORK under this contract on or before a
date to be specified in the NOTICE TO PROCEED. The BIDDER shall complete the
seeding portion of the Sunflower Estates and Greenbriar Pond Improvements by
November 30, 2014, and shall complete the plug installation by June 1, 2015.
Completion is defined as completion of all work with the exception of the maintenance
work which shall be completed by June 1 annually for three years. BIDDER further
agrees to pay as liquidated damages, the sum of $475 for each consecutive calendar
day thereafter the time of completion as provided in Section 15 of the General
Conditions.
Each BID must be accompanied by a BID BOND payable to the OWNER for ten
(10) percent of the total amount of the BID. As soon as the BID prices have been
compared, the OWNER will return the BONDS of all except the three lowest
responsible BIDDERS. When the Agreement is executed, the BONDS of the two
remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful
BIDDER will be retained until the payment BOND and the performance BOND have
been executed and approved, after which it will be returned. A certified check may be
used in lieu of a BID BOND.
INFORMATION FOR BIDDERS
Page 5
(continued) IB-05
A payment BOND and a performance BOND, each in the amount of 100 percent of
the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be
required for the faithful performance of the contract.
Attorneys-in-fact who sign BID BONDS or payment BONDS and performance
BONDS must file with each BOND a certified and effective dated copy of their Power of
Attorney.
The party to whom the contract is awarded will be required to execute the
Agreement and obtain the payment BOND and performance BOND within ten (10)
calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER.
The NOTICE OF AWARD shall be accompanied by the necessary Agreement and
BOND forms. In case of failure of the BIDDER to execute the Agreement, the OWNER
may at his option consider the BIDDER in default, in which case the BID BOND
accompanying the proposal shall become the property of the OWNER, who may reject
all bids and call for new bids.
The OWNER within fifteen (15) days of receipt of acceptable payment BOND,
performance BOND, and Agreement signed by the party to whom the Agreement was
awarded shall sign the Agreement and return to such party an executed duplicate of the
Agreement. Should the OWNER not execute the Agreement within such period, the
BIDDER may by WRITTEN NOTICE withdraw his signed Agreement. Such notice of
withdrawal shall be effective upon receipt of the notice by the OWNER.
The NOTICE TO PROCEED shall be issued within fifteen (15) days of the execution
of the Agreement by the OWNER. Should there be reasons why the NOTICE TO
PROCEED cannot be issued within such period, the time may be extended by mutual
agreement between OWNER and CONTRACTOR. If the NOTICE TO PROCEED has
INFORMATION FOR BIDDERS
Page 6
(continued) IB-06
not been issued within the fifteen (15) day period or within the period mutually agreed
upon, the CONTRACTOR may terminate the Agreement without further liability on the
part of either party.
The OWNER may make such investigations as he deems necessary to determine
the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the
OWNER all such information and data for this purpose as the OWNER may request.
Upon the request of the OWNER, a BIDDER shall submit promptly to the OWNER
satisfactory evidence showing the BIDDER’s financial resources, the BIDDER’s
organization available for the performance of the contract and any other required
evidence of the BIDDER’s qualifications to perform the proposed contract. The
OWNER may consider such evidence before making its decision awarding the
proposed contract. Failure to submit evidence of a BIDDER’s responsibility to perform
the proposed contract may result in rejection of the bid.
The OWNER reserves the right to reject any BID if the evidence submitted by, or
investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly
qualified to carry out the obligations of the Agreement and to complete the WORK
contemplated therein.
A conditional or qualified BID may not be accepted. A BID response to any specific
item of this bid with terms such as “negotiable”, “will negotiate”, or similar, will be
considered as non-compliance with that specific term.
Award will be made to the low, responsive, responsible BIDDER.
All applicable laws, ordinances, and the rules and regulations of all authorities
having jurisdiction over construction of the PROJECT shall apply to the contract
INFORMATION FOR BIDDERS
Page 7
(continued) IB-07
throughout including the Employment of Illinois Workers on Public Works Act (30 ILCS
570).
BIDDER 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.
In the event of any conflict or ambiguity between these instructions and state or
federal law or regulations, the latter shall prevail. Additionally, all equipment to be
supplied or services to be performed under the BID proposal shall conform to all
applicable requirements of local, state, and federal law. This project shall be tax
exempt. The United City of Yorkville’s tax exemption number will be provided to the
Contractor after contract award.
In the event of litigation, the BID documents, specifications, and related matters
shall be governed by and construed in accordance with the laws of the State of Illinois.
Venue shall be with the appropriate state court located in Kendall County, Illinois.
Each BIDDER is responsible for inspecting the site and for reading and being
thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any
BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any
obligation in respect to his BID.
The OWNER will make progress payments to the CONTRACTOR within
30 calendar days of the date of receipt of a request for payment.
INFORMATION FOR BIDDERS
Page 8
IB-08
The BIDDER shall supply a list of all SUBCONTRACTORS that submitted proposals
and if requested by the OWNER the names and address of major material
SUPPLIERS. Each BIDDER, and their SUBCONTRACTORS, if any, must possess all
appropriate and required licenses or other permits to perform the work as identified in
contract documents. Upon request, each BIDDER shall furnish the OWNER with
evidence demonstrating possession of the required licenses or permits. Failure to
submit such evidence to the OWNER’s satisfaction may result in rejection of the BID.
The ENGINEER is Engineering Enterprises, Inc. Their address is 52 Wheeler
Road, Sugar Grove, Illinois 60554. Their telephone Number is 630/466-6700.
INFORMATION FOR BIDDERS
Page 9
IB-09
THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
(continued) B-01
BID
Proposal of (hereinafter called "BIDDER"), organized and
existing under the laws of the State of doing business as
∗ to The United City of Yorkville (hereinafter called
"OWNER").
In compliance with your Advertisement for Bids, BIDDER hereby proposes to
perform all WORK for the construction of Sunflower Estates and Greenbriar Pond
Improvements in strict accordance with the CONTRACT DOCUMENTS, within the time
set forth therein, and at the prices stated below.
If awarded the contract, the BIDDER hereby agrees to sign said contract and furnish
the necessary bonds and certificates of insurance within ten (10) days after the
NOTICE OF AWARD of this contract and agrees to perform in accordance with all
contract terms.
If awarded the contract, the BIDDER hereby agrees to commence WORK under this
contract on or before a date to be specified in the NOTICE TO PROCEED. The
BIDDER shall complete the seeding portion of the Sunflower Estates and Greenbriar
Pond Improvements by November 30, 2014, and shall complete the plug installation by
June 1, 2015. Completion is defined as completion of all work with the exception of the
maintenance work which shall be completed by June 1 annually for three years.
BIDDER further agrees to pay as liquidated damages, the sum of $475 for each
consecutive working day thereafter the time of completion as provided in Section 15 of
the General Conditions.
(I) By submission of the bid, each bidder certifies, and in the case of a joint bid each
party thereto certifies as to his own organization, that in connection with the bid:
∗ Insert “a corporation”, “a partnership”, or “an individual” as applicable.
BID
Page 2
(continued) B-02
(i) The prices in the bid have been arrived at independently, without
consultation, communication, or agreement, for the purpose of
restricting competition, as to any matter relating to such prices with
any other bidder or with any competitor;
(ii) Unless otherwise required by law, the prices which have been
quoted in the bid have not knowingly been disclosed by the bidder,
prior to opening, directly or indirectly to any to other bidder or to
any competitor; and
(iii) No attempt has been made or will be made by the bidder to induce
any other person or firm to submit or not to submit a bid for the
purpose of restricting competition.
(II) Each person signing the bid shall certify that:
(i) He is the person in the bidder’s organization responsible within that
organization for the decision as to the prices being bid and that he
has not participated, and will not participate, in any action contrary
to (I) (i) through (I) (iii) above; or
(ii) He is not the person in the bidder’s organization responsible within
that organization for the decision as to the prices being bid but that
he has been authorized to act as agent for the persons responsible
for such decision in certifying that such persons have not
participated, and will not participate, in any action contrary to (I) (i)
through (I) (iii) above, and as their agent shall so certify; and shall
also certify that he has not participated, and will not participate, in
any action contrary to (I) (i) through (I) (iii) above.
BIDDER acknowledges receipt of the following ADDENDUM:
BID INSTRUCTIONS:
The BIDDER expressly agrees to the following provisions:
1. The BIDDER shall complete and submit the Bid Schedule included herein with
his/her Bid.
2. BIDDER agrees to perform all work described in the CONTRACT DOCUMENTS for
the following unit prices or lump sum contained in the following Bid Schedule:
BID
Page 3
(continued)B-03
BID SCHEDULE
ITEM UNIT
NO.UNIT QUANTITY PRICE AMOUNT
Sunflower Estates Pond Improvements
1 LSUM 1 $$
2 ACRE 1.5 $$
3 SOIL PREPARATION ACRE 1.5 $$
4 EACH 1500 $$
5 WET MESIC SEEDING ACRE 0.4 $$
6 PRAIRIE SEEDING ACRE 1.1 $$
7 EROSION CONTROL BLANKET S-150 (SLOPES)SQYD 7500 $$
8 EROSION CONTROL BLANKET C-125 (SHORELINE)SQYD 1800 $$
9 FOOT 2600 $$
10 EACH 3 $$
11 3 YEAR MAINTENANCE FOR PONDS EACH 3 $$
SUB TOTAL BID (ITEMS 1 - 11)$
Greenbriar Pond Improvements
12 BRUSH REMOVAL LSUM 1 $$
13 TURF GRASS HERBICIDE APPLICATION ACRE 0.75 $$
14 SOIL PREPARATION ACRE 0.75 $$
15 EMERGENT PLUG INSTALLATION EACH 750 $$
16 WET MESIC SEEDING ACRE 0.15 $$
17 PRAIRIE SEEDING ACRE 0.6 $$
18 EROSION CONTROL BLANKET S-150 (SLOPES)SQYD 3000 $$
19 EROSION CONTROL BLANKET C-125 (SHORELINE)SQYD 725 $$
20 WATERFOWL ENCLOSURE FENCING FOR EMERGENT PLUGS FOOT 1200 $$
21 ALGAECIDE TREATMENT EACH 1 $$
22 3 YEAR MAINTENANCE FOR PONDS EACH 1 $$
SUB TOTAL BID (ITEMS 12- 22)$
TOTAL BID (ITEMS 1- 22)
ITEM
BRUSH REMOVAL
TURF GRASS HERBICIDE APPLICATION
EMERGENT PLUG INSTALLATION
ALGAECIDE TREATMENT
WATERFOWL ENCLOSURE FENCING FOR EMERGENT PLUGS
BID
Page 4
B-04
(If an individual) Signature of Bidder (SEAL)
Business Address
(If a co-partnership) Firm Name
Signed By
Business Address
Insert
Names and
Addresses of
All Members
of the Firm
(If a corporation) Corporate Name _________________________________
Signed By
Business Address ________________________________
(Corporate Seal)
President
Insert
Name of Secretary
Officers
Treasurer
Attest:
Secretary
BID
Page 5
B-05
THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
BB-01
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned
as Principal, and as
Surety, are hereby held and firmly bound unto United City of Yorkville as OWNER in the
penal sum of for the payment of
which, well and truly to be made, we hereby jointly and severally bind ourselves,
successors, and assigns.
Signed, this day of , 20 . The Condition of the above
obligation is such that whereas the Principal has submitted to The United City of
Yorkville a certain BID, attached hereto and made a part hereof to enter into a contract
in writing, for the Sunflower Estates and Greenbriar Pond Improvements; which
consists of the installation of native vegetation on four ponds including site preparation,
seeding and plug installation, algaecide treatment, and three years of maintenance.
NOW , THEREFORE,
a. If said BID shall be rejected, or
b. If said BID shall be accepted and the Principal shall execute and deliver a
contract in the Form of Contract attached hereto (properly completed in
accordance with said BID) and shall furnish a BOND for his faithful
performance of said contract, and for the payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all other
respects perform the agreement created by the acceptance of said BID,
then this obligation shall be void, otherwise the same shall remain in force and effect; it
being expressly understood and agreed that the liability of the Surety for any and all
claims hereunder shall, in no event, exceed the penal amount of the obligation as
herein stated.
BID BOND
Page 2
BB-02
The Surety, for value received, hereby stipulates and agrees that the obligations of said
Surety and its BOND shall be in no way impaired or affected by any extension of the
time within which the OWNER may accept such BID; and said Surety does hereby
waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals, and such of them as are corporations have caused their corporate seals to
be hereto affixed and these presents to be signed by their proper officers, the day and
year first set forth above.
(L.S.)
Principal
SEE ATTACHED RESOLUTION
Surety
By:
Attorney-in-Fact
Countersigned By:
Authorized Representative
IMPORTANT – Surety companies executing BONDS must appear on the Treasury
Department’s most current list (Circular 570 as amended) and be authorized to transact
business in the state where the PROJECT is located.
(continued) A-01
AGREEMENT
THIS AGREEMENT, made this day of , 20 by and
between The United City of Yorkville hereinafter called “OWNER” and
doing business as (a corporation) or
(a partnership) or (an individual), hereinafter called “CONTRACTOR”.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned:
1. The CONTRACTOR will commence and complete the construction of
Sunflower Estates and Greenbriar Pond Improvements; which consists of the
installation of native vegetation on four ponds including site preparation, seeding and
plug installation, algaecide treatment, and three years of maintenance.
2. The CONTRACTOR will furnish all of the materials, supplies, tools,
equipment, labor, and other services necessary for the construction and completion of
the PROJECT as described herein.
3. The BIDDER hereby agrees to commence WORK under this contract on
or before a date to be specified in the NOTICE TO PROCEED. The BIDDER shall
complete the seeding portion of the Sunflower Estates and Greenbriar Pond
Improvements by November 30, 2014, and shall complete the plug installation by June
1, 2015. Completion is defined as completion of all work with the exception of the
maintenance work which shall be completed by June 1 annually for three years.
BIDDER further agrees to pay as liquidated damages, the sum of $475 for each
consecutive working day thereafter the time of completion as provided in Section 15 of
the General Conditions. If in the sole opinion of the ENGINEER the CONTRACTOR
has pursued the work and demonstrated due diligence in meeting the schedule, and is
unable to complete the installation due to weather related conditions, liquidated
AGREEMENT
Page 2
(continued) A-02
damages may at the sole discretion of the OWNER be waived, and an extension of the
contract time will be granted.
4. The CONTRACTOR agrees to perform all of the WORK described in the
CONTRACT DOCUMENTS and comply with the terms therein for the sum of
Dollars,
or as shown on the BID Schedule.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(A) Advertisement for BIDS
(B) Information for BIDDERS
(C) BID
(D) BID BOND
(E) Agreement
(F) Payment BOND
(G) Performance BOND
(H) NOTICE OF AWARD
(I) NOTICE TO PROCEED
(J) CHANGE ORDER
(K) GENERAL CONDITIONS
(L) SPECIAL PROVISIONS
(M) APPENDICES
AGREEMENT
Page 3
(continued) A-03
(N) ADDENDA:
No. dated , 20 .
No. dated , 20 .
No. dated , 20 .
6. The OWNER will pay to the CONTRACTOR in the manner and at such
times as set forth in the General Conditions such amounts as required by the
CONTRACT DOCUMENTS.
7. The contractor 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.
8. This AGREEMENT shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors and assigns. IN WITNESS
WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this AGREEMENT in triplicate each of which shall be deemed
an original on the date first above written.
(no. of copies)
AGREEMENT
Page 4
A-04
OWNER:
The United City of Yorkville
BY
Name
(Please Type)
Title
(SEAL)
ATTEST:
Name
(Please Type)
Title
CONTRACTOR:
BY
Name
(Please Type)
Address
(SEAL)
ATTEST:
Name
(Please Type)
Title
(continued) PAB-01
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a , hereinafter called Principal, and
(Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
United City of Yorkville
(Name of Owner)
800 Game Farm Road, Yorkville, IL 60560
(Address of Owner)
hereinafter called OWNER, in the penal sum of Dollars $( ).
in lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain contract with the OWNER, dated the day of , 20 ,
a copy of which is hereto attached and made a part hereof for the construction of:
Sunflower Estates and Greenbriar Pond Improvements; which consists of the
installation of native vegetation on four ponds including site preparation, seeding and
plug installation, algaecide treatment, and three years of maintenance.
PAYMENT BOND
Page 2
(continued) PAB-02
NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishing materials for or performing labor in
the prosecution of the WORK provided for in such contract, and any authorized
extension or modification thereof, including all amounts due for materials, lubricants, oil,
gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used
in connection with the construction of such WORK, and all insurance premiums on said
WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the
contract or to the WORK to be performed thereunder or the SPECIFICATIONS
accompanying the same shall in any way affect its obligation on this BOND, and it does
hereby waive notice of any change, extension of time, alteration or addition to the terms
of the contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may
be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in 3 (three) counterparts, each
one of which shall be deemed an original, this the day of , 20 .
ATTEST:
Principal
(Principal) Secretary
By (s)
Address
PAYMENT BOND
Page 3
(continued) PAB-03
Witness as to Principal
Address
Surety
ATTEST: By
Attorney-in-Fact
Witness as to Surety Address
Address
NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is
Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Departments most current list (Circular 570 as amended) and be authorized to transact
business in the State where the PROJECT is located.
PAYMENT BOND
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PAB-04
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(continued) PEB-01
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a , hereinafter called Principal, and
(Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
United City of Yorkville
(Name of Owner)
800 Game Farm Road, Yorkville, IL 60560
(Address of Owner)
hereinafter called OWNER, in the penal sum of Dollars $( ).
in lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain contract with the OWNER, dated the day of , 20 ,
a copy of which is hereto attached and made a part hereof for the construction of:
Sunflower Estates and Greenbriar Pond Improvements; which consists of the
installation of native vegetation on four ponds including site preparation, seeding and
plug installation, algaecide treatment, and three years of maintenance
PERFORMANCE BOND
Page 2
(continued) PEB-02
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all
the undertakings, covenants, terms, conditions, and agreements of said contract during
the original term thereof, and any extensions thereof which may be granted by the
OWNER, with or without notice to the Surety and during that one year guaranty period,
and if he shall satisfy all claims and demands incurred under such contract, and shall
fully indemnify and save harmless the OWNER from all costs and damages which it
may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all
outlay and expense which the OWNER may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the
contract or to the WORK to be performed thereunder or the SPECIFICATIONS
accompanying the same shall in any way affect its obligation on this BOND, and it does
hereby waive notice of any change, extension of time, alteration or addition to the terms
of the contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may
be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in 3 (three) counterparts, each
one of which shall be deemed an original, this the day of , 20 .
ATTEST:
Principal
(Principal) Secretary
PERFORMANCE BOND
Page 3
(continued) PEB-03
By (s)
Address
Witness as to Principal
Address
Surety
ATTEST: By
Attorney-in-Fact
Witness as to Surety Address
Address
NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is
Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Departments most current list (Circular 570 as amended) and be authorized to transact
business in the State where the PROJECT is located.
PERFORMANCE BOND
Page 4
PEB-04
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NA-01
NOTICE OF AWARD
TO:
PROJECT Description: Sunflower Estates and Greenbriar Pond Improvements; which
consists of the installation of native vegetation on four ponds including site preparation,
seeding and plug installation, algaecide treatment, and three years of maintenance.
The OWNER has considered the BID submitted by you for the above described
WORK in response to its Advertisement for BIDS dated July 22, 2014, and Information
for Bidders.
You are hereby notified that your BID has been accepted for items in the amount
of $ .
You are required by the Information for Bidders to execute the Agreement and
furnish the required CONTRACTOR’S Performance BOND, Payment BOND, and
certificates of insurance within ten (10) calendar days from the date of this Notice to
you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10)
days from the date of this Notice, said OWNER will be entitled to consider all your rights
arising out of the OWNER’S acceptance of your BID as abandoned and as a forfeiture
of your BID BOND. The OWNER will be entitled to such other rights as may be granted
by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to
the OWNER.
Dated this day of , 20 .
The United City of Yorkville
Owner
By
Title
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged by
this day of , 20 .
By
Title
NOTICE OF AWARD
Page 2
NA-02
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NP-01
NOTICE TO PROCEED
To: Date:
Project: Sunflower Estates and Greenbriar Pond Improvements _____
You are hereby notified to commence WORK in accordance with the Agreement
dated , 20 , on or before , 20 ,
and you are to be completed with the seeding portion of the Sunflower Estates and
Greenbriar Pond Improvements by November 30, 2014, and completed with the plug
installation by June 1, 2015. Completion is defined as completion of all work with the
exception of the maintenance work which shall be completed by June 1 annually for
three years.
The United City of Yorkville
Owner
By
Title
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED
is hereby acknowledged by .
,
this the day
of , 20_____
By
Title
NOTICE TO PROCEED
Page 2
NP-02
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(continued) CO-01
CHANGE ORDER
Order No.
Date:
Agreement Date:
NAME OF PROJECT: Sunflower Estates and Greenbriar Pond Improvements
OWNER:
CONTRACTOR:
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Change of CONTRACT PRICE:
Original CONTRACT PRICE: $
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased)
by: $
The new CONTRACT PRICE including this CHANGE ORDER will be $
CHANGE ORDER NO. C-
Page 2
CO-02
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by calendar days.
The date for completion of all work will be (Date.)
Approvals Required:
To be effective this order must be approved by the agency if it changes the scope or
objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL
GENERAL CONDITIONS.
Requested by: CONTRACTOR
Recommended by: Engineering Enterprises, Inc.
Accepted by: The United City of Yorkville
GC-01
GENERAL CONDITIONS
1. Definitions 17. Subsurface Conditions
2. Additional Instructions and Detail Drawings 18. Suspension of Work, Termination and Delay
3. Schedules, Reports and Records 19. Payments to Contractors
4. Drawings and Specifications 20. Acceptance of Final Payment as Release
5. Shop Drawings 21. Insurance
6. Materials, Services and Facilities 22. Contract Security
7. Inspection and Testing 23. Assignments
8. Substitutions 24. Indemnification
9. Patents 25. Separate Contracts
10. Surveys, Permits, Regulations 26. Subcontracting
11. Protection of Work, Property, Persons 27. Engineer’s Authority
12. Supervision by Contractor 28. Land and Rights-of-Way
13. Changes in the Work 29. Guaranty
14. Changes in Contract Price 30. Arbitration
15. Time for Completion and Liquidated Damages 31. Taxes
16. Correction of Work 32. Prevailing Wages
1. DEFINITIONS
1.1 Wherever used in the CONTRACT DOCUMENTS, the
following terms shall have the meanings indicated which
shall be applicable to both the singular and plural thereof:
1.2 ADDENDA – Written, graphic, or pictorial instruments
issued prior to the execution of the Agreement which
modify or interpret any part of the CONTRACT
DOCUMENTS, including the DRAWINGS and
SPECIFICATIONS, by additions, deletions, clarifications or
corrections.
1.3 BID – The offer or proposal of the BIDDER submitted on
the prescribed form setting forth the prices for the WORK to
be performed.
1.4 BIDDER – Any person, firm or corporation submitting a BID
for the work.
1.5 BONDS – Bid, Performance, and Payment Bonds and
other instruments of security, furnished by the
CONTRACTOR and his surety in accordance with the
CONTRACT DOCUMENTS.
1.6 CHANGE ORDER – 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.
1.7 CONTRACT AND CONTRACT DOCUMENTS – The
CONTRACT is comprised of all the CONTRACT
DOCUMENTS, which form the integrated agreement
between the Owner and the Contractor. The CONTRACT
DOCUMENTS include the Advertisement for Bids,
Information for Bidders, BID, Bid Bond, Agreement
between the Owner and Contractor, Payment Bond,
Performance Bond, NOTICE OF AWARD, NOTICE TO
PROCEED, CHANGE ORDER, FIELD ORDER,
DRAWINGS, SPECIFICATIONS,ADDENDA, and other
documents as provided herein, whether issued before or
after the execution of the Agreement.
1.8 CONTRACT PRICE – The total monies payable to the
CONTRACTOR under the terms and conditions of the
CONTRACT DOCUMENTS.
1.9 CONTRACT TIME – The number of calendar days stated in
the CONTRACT DOCUMENTS for the completion of the
WORK.
1.10 CONTRACTOR – The person, firm or corporation with
whom the OWNER has executed the Agreement.
1.11 DRAWINGS – The part of the CONTRACT DOCUMENTS
which show the characteristics and scope of WORK to be
performed and which have been prepared or approved by
the ENGINEER.
1.12 ENGINEER – The person, firm or corporation named as
such in the CONTRACT DOCUMENTS.
1.13 FIELD ORDER – A written order effecting a change in the
WORK not involving an adjustment in the CONTRACT
PRICE or an extension of the CONTRACT TIME, issued by
the ENGINEER to the CONTRACTOR during construction.
1.14 NOTICE OF AWARD – The written notice of the
acceptance of the BID from the OWNER to the successful
BIDDER.
1.15 NOTICE TO PROCEED – Written communication issued
by the OWNER to the CONTRACTOR authorizing him to
proceed with the WORK and establishing the date of
commencement of the WORK.
1.16 OWNER – A public or quasi-public body or authority,
corporation, association, partnership, or individual for whom
the WORK is to be performed.
1.17 PROJECT – The undertaking to be performed as provided
in the CONTRACT DOCUMENTS.
1.18 RESIDENT PROJECT REPRESENTATIVE – The
authorized representative of the OWNER who is assigned
to the PROJECT site or any part thereof.
1.19 SHOP DRAWINGS – All drawings, diagrams, illustrations,
brochures, schedules and other data which are prepared by
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the CONTRACTOR, a SUBCONTRACTOR, manufacturer,
SUPPLIER or distributor, which illustrate how specific
portions of the WORK shall be fabricated or installed.
1.20 SPECIFICATIONS – A part of the CONTRACT
DOCUMENTS consisting of written descriptions of a
technical nature of materials, equipment, construction
systems, standards and workmanship.
1.21 SUBCONTRACTOR – An individual, firm or corporation
having a direct contract with the CONTRACTOR or with
any other SUBCONTRACTOR for the performance of a
part of the WORK at the site.
1.22 SUBSTANTIAL COMPLETION – That date as certified by
the ENGINEER when the construction of the PROJECT or
a specified part thereof is sufficiently completed, in
accordance with the CONTRACT DOCUMENTS, so that
PROJECT or specified part can be utilized for the purposes
for which it is intended.
1.23 SUPPLEMENTAL GENERAL CONDITIONS –
Modifications to General Conditions required by a Federal
agency for participation in the PROJECT and approved by
the agency in writing prior to inclusion in the CONTRACT
DOCUMENTS, or such requirements that may be imposed
by applicable state laws.
1.24 SUPPLIER – Any person or organization who supplies
materials or equipment for the WORK, including that
fabricated to a special design, but who does not perform
labor at the site.
1.25 WORK – All labor necessary to produce the construction
required by the CONTRACT DOCUMENTS, and all
materials and equipment incorporated or to be incorporated
in the PROJECT.
1.26 WRITTEN NOTICE – Any notice to any party of the
Agreement relative to any part of this Agreement in writing
and considered delivered and the service thereof
completed, when posted by certified or registered mail to
the said party at his last given address, or delivered in
person to said party or his authorized representative on the
WORK.
2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
2.1 The CONTRACTOR may be furnished additional
instructions and detail drawings, by the ENGINEER, as
necessary to carry out the WORK required by the
CONTRACT DOCUMENTS.
2.2 The additional drawings and instruction thus supplied will
become a part of the CONTRACTOR DOCUMENTS. The
CONTRACTOR shall carry out the WORK in accordance
with the additional detail drawings and instructions. In the
event of conflicts or discrepancies among the Contract
Documents, interpretations will be based on the following
priorities;
a. The Agreement.
b. Change Orders and Supplemental Instructions
c. The Supplementary Conditions
d. The General Conditions
e. The Drawings and Specifications. In the case of an
inconsistency between Drawings and Specifications not
clarified by addendum, and subject to subsection 4.3
hereof, the better quality or greater quantity of Work
shall be provided in accordance with the ENGINEER’S
interpretations.
3. SCHEDULES, REPORTS AND RECORDS
3.1 The CONTRACTOR, promptly after being awarded the
Contract, shall submit to the OWNER such schedule of
quantities and costs, progress schedules, payrolls, reports,
estimates, records and other data where applicable as are
required by the CONTRACT DOCUMENTS for the WORK
to be performed, and shall update any such schedule as
shall be required by the current conditions of the Work.
3.2 Prior to the first partial payment estimate the
CONTRACTOR shall submit construction progress
schedules showing the order in which he proposes to carry
on the WORK, including dates at which he will start the
various parts of the WORK, estimated date of completion of
each part, which shall not exceed the time limits as
contained in the Contract Documents, and, as applicable:
3.2.1 The dates at which special detail drawings will be
required; and
3.2.2 Respective dates for submission of SHOP
DRAWINGS, the beginning of manufacturer, the
testing and the installation of materials, supplies
and equipment.
3.3 The CONTRACTOR shall also submit a schedule of
payments that he anticipates he will earn during the course
of the WORK.
4. DRAWINGS AND SPECIFICATIONS
4.1 CONTRACTOR and any SUBCONTRACTOR or Supplier
or other individual or entity performing or furnishing any of
the WORK under a direct or indirect contract with OWNER:
(i) shall not have or acquire any title to or ownership rights
in any of the Drawings, Specifications, or other documents
(or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER’S consultant, including
electronic media editions; and (ii) shall not reuse any of
such Drawings, Specifications, other documents, or copies
thereof on extensions of the PROJECT or any other
projects without written consent of OWNER and
ENGINEER and specific written verification or adaption by
ENGINEER. This prohibition will survive final payment,
completion, and acceptance of the WORK, or termination
or completion of the Contract. Nothing herein shall
preclude CONTRACTOR from retaining copies of the
CONTRACT DOCUMENTS for record purposes.
4.2 The intent of the DRAWINGS and SPECIFICATIONS is
that the CONTRACTOR shall furnish all labor, materials,
tools, equipment, and transportation necessary for the
proper execution of the WORK in accordance with the
CONTRACT DOCUMENTS and all incidental work
necessary to complete the PROJECT in an acceptable
manner, ready for use, occupancy or operation by the
OWNER.
4.3 In case of conflict between the DRAWINGS and
SPECIFICATIONS, the SPECIFICATIONS shall govern.
Figure dimensions on DRAWINGS shall govern over scale
dimensions, and detailed DRAWINGS shall govern over
general DRAWINGS.
4.4 Any discrepancies found between the DRAWINGS and
SPECIFICATIONS and site conditions or any
inconsistencies or ambiguities in the DRAWINGS or
SPECIFICATIONS shall be immediately reported to the
GC-03
ENGINEER in writing within three business days. The
ENGINEER shall promptly correct such inconsistencies or
ambiguities in writing. WORK done by the CONTRACTOR
after his discovery of such discrepancies, inconsistencies
or ambiguities shall be done at the CONTRACTOR’S risk.
5. SHOP DRAWINGS
5.1 The CONTRACTOR shall provide SHOP DRAWINGS as
may be necessary for the prosecution of the WORK as
required by the CONTRACT DOCUMENTS. The
ENGINEER shall promptly review all SHOP DRAWINGS.
The ENGINEER’S approval of any SHOP DRAWINGS
shall not release the CONTRACTOR from responsibility for
deviations from the CONTRACT DOCUMENTS. The
approval of any SHOP DRAWING which substantially
deviates from the requirements of the CONTRACT
DOCUMENTS shall be evidenced by a CHANGE ORDER.
5.2 When submitted for the ENGINEER’S review, SHOP
DRAWINGS shall bear the CONTRACTOR’S certification
that he has reviewed, checked and approved the SHOP
DRAWINGS, that he has determined and verified materials,
field measurements, field construction criteria and they are
in conformance with the requirements of the CONTRACT
DOCUMENTS.
5.3 Portions of the WORK requiring a SHOP DRAWING or
sample submission shall not begin until the SHOP
DRAWING or submission has been approved by the
ENGINEER. A copy of each approved SHOP DRAWING
and each approved sample shall be kept in good order by
the CONTRACTOR at the site and shall be available to the
ENGINEER.
6. MATERIALS, SERVICES AND FACILITIES
6.1 It is understood that, except as otherwise specifically stated
in the CONTRACT DOCUMENTS, the CONTRACTOR
shall provide and pay for all materials, labor, tools,
equipment, water, light, power, transportation, supervision,
temporary construction of any nature, and all other services
and facilities of any nature whatsoever necessary to
execute, complete and deliver the WORK within the
specified time. Materials and equipment shall be new and
of good quality unless otherwise provided by the
CONTRACT DOCUMENTS.
6.2 Materials and equipment shall be so stored as to insure the
preservation of their quality and fitness for the WORK.
Stored materials and equipment to be incorporated in the
WORK shall be located so as to facilitate prompt
inspection.
6.3 Manufactured articles, materials and equipment shall be
applied, installed, connected, erected, used, cleaned and
conditioned as directed by the manufacturer.
6.4 Materials, supplies and equipment shall be in accordance
with samples submitted by the CONTRACTOR and
approved by the ENGINEER.
6.5 Materials, supplies or equipment to be incorporated into the
WORK shall not be purchased by the CONTRACTOR or
the SUBCONTRACTOR subject to a chattel mortgage or
under a conditional sale contract or other agreement by
which an interest is retained by the seller.
7. INSPECTION AND TESTING
7.1 All materials and equipment used in the construction of the
PROJECT shall be subject to adequate inspection and
testing in accordance with generally accepted standards,
as required and defined in the CONTRACT DOCUMENTS.
7.2 The OWNER shall provide all inspection and testing
services not required by the CONTRACT DOCUMENTS.
7.3 The CONTRACTOR shall provide at his expense the
testing and inspection services required by the CONTRACT
DOCUMENTS.
7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules,
regulations or orders of any public authority having
jurisdiction require any WORK to specifically be inspected,
tested, or approved by someone other than the
CONTRACTOR, the CONTRACTOR will give the
ENGINEER timely notice of readiness. The
CONTRACTOR will then furnish the ENGINEER the
required certificates of inspection, testing or approval.
7.5 Inspections, tests or approvals by the engineer or others
shall not relieve the CONTRACTOR from his obligations to
perform the WORK in accordance with the requirements of
the CONTRACT DOCUMENTS.
7.6 The ENGINEER and his representatives will at all times
have access to the WORK. In addition, authorized
representatives and agents shall be permitted to inspect all
work, materials, payrolls, records of personnel, invoices of
materials and other relevant data and records. The
CONTRACTOR will provide proper facilities for such
access and observation of the WORK and also for any
inspection or testing thereof.
7.7 If any WORK is covered contrary to the written instructions
of the ENGINEER it must, if requested by the ENGINEER,
be uncovered for his observation and replaced at the
CONTRACTOR’S expense.
7.8 If the ENGINEER considers it necessary or advisable that
covered WORK be inspected or tested by others, the
CONTRACTOR, at the ENGINEER’S request, will uncover,
expose or otherwise make available for observation,
inspection or testing as the ENGINEER may require, that
portion of the WORK in question, furnishing all necessary
labor, materials, tools, and equipment. If it is found that
such WORK is defective, the CONTRACTOR will bear all
the expenses of such uncovering, exposure, observation,
inspection and testing and of satisfactory reconstruction. If,
however, such WORK is not found to be defective, the
CONTRACTOR will be allowed an increase in the
CONTRACT PRICE or an extension of the CONTRACT
TIME, or both, directly attributable to such uncovering,
exposure, observation, inspection, testing and
reconstruction and an appropriate CHANGE ORDER shall
be issued.
8. SUBSTITUTIONS
8.1 Whenever a material, article or piece of equipment is
identified on the DRAWINGS or SPECIFICATIONS by
reference to brand name or catalogue number, it shall be
understood that this is referenced for the purpose of
defining the performance or other salient requirements and
that other products of equal capacities, quality and function
shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or piece of equipment
of equal substance and function for those referred to in the
CONTRACT DOCUMENTS by reference to brand name or
GC-04
catalogue number, and if, in the opinion of the ENGINEER,
such material, article, or piece of equipment is of equal
substance and function to that specified, the ENGINEER
may approve its substitution and use by the
CONTRACTOR. Any cost differential shall be deductible
from the CONTRACT PRICE and the CONTRACT
DOCUMENTS shall be appropriately modified by CHANGE
ORDER. The CONTRACTOR warrants that if substitutes
are approved, no major changes in the function or general
design of the PROJECT will result. Incidental changes or
extra component parts required to accommodate the
substitute will be made by the CONTRACTOR without a
change in the CONTRACT PRICE or CONTRACT TIME.
9. PATENTS
9.1 The CONTRACTOR shall pay all applicable royalties and
license fees. He shall defend all suits or claims for
infringement of any patent rights and save the OWNER
harmless from loss on account thereof, except that the
OWNER shall be responsible for any such loss when a
particular manufacturer or manufacturers is specified,
however if the CONTRACTOR has reason to believe that
the design, process or product specified is an infringement
of a patent, he shall be responsible for such loss unless he
promptly gives such information to the ENGINEER.
10. SURVEYS, PERMITS, REGULATIONS
10.1 The OWNER shall furnish all boundary surveys and
establish all base lines for locating the principal component
parts of the WORK together with a suitable number of
benchmarks adjacent to the WORK as shown in the
CONTRACT DOCUMENTS. From the information
provided by the OWNER, unless otherwise specified in the
CONTRACT DOCUMENTS, the CONTRACTOR shall
develop and make all detail surveys needed for
construction such as slope stakes, batter boards, stakes for
pile locations and other working points, lines, elevations
and cut sheets. The Contractor shall field verify utility
locations and shall be responsible to have public and
private utilities located within the areas being disturbed to
implement the Work on site.
10.2 The CONTRACTOR shall carefully preserve benchmarks,
reference points and stakes and, in case of willful or
careless destruction, he shall be charged with the resulting
expense and shall be responsible for any mistakes that
may be caused by their unnecessary loss or disturbance.
10.3 Permits and licenses of a temporary nature necessary for
the prosecution of the WORK shall be secured and paid for
by the CONTRACTOR unless otherwise stated in the
SUPPLEMENTAL GENERAL CONDITIONS. Permits,
licenses and easements for permanent structures or
permanent changes in existing facilities shall be secured
and paid for by the OWNER, unless otherwise specified.
The CONTRACTOR shall give all notices and comply with
all laws, ordinances, rules and regulations bearing on the
conduct of the WORK as drawn and specified. If the
CONTRACTOR observes that the CONTRACT
DOCUMENTS are at variance therewith, he shall promptly
notify the ENGINEER in writing and any necessary
changes shall be adjusted as provided in Section 13.
CHANGES IN THE WORK.
11. PROTECTION OF WORK, PROPERTY AND PERSONS
11.1 The CONTRACTOR will be responsible for initiating,
maintaining and supervising all safety precautions and
programs in connection with the WORK. He will take all
necessary precautions for the safety of, and will provide the
necessary protection to prevent damage, injury or loss to all
employees thereby, all the WORK and all materials or
equipment to be incorporated therein, whether in storage
on or off the site, and other property at the site or adjacent
thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for
removal, relocation or replacement in the course of
construction.
11.2 The CONTRACTOR will comply with all applicable laws,
ordinances, rules, regulations and orders of any public
body having jurisdiction. He will erect and maintain, as
required by the conditions and progress of the WORK, all
necessary safeguards for safety and protection. He will
notify owners of adjacent utilities when prosecution of the
WORK may affect them. The CONTRACTOR will remedy
all damage, injury or loss to any property caused, directly or
indirectly, in whole or in part, by the CONTRACTOR, any
SUBCONTRACTOR or anyone directly or indirectly
employed by any of them or anyone for whose acts any of
them be liable, except damage or loss attributable to the
fault of the CONTRACT DOCUMENTS or to the acts or
omissions of the OWNER or the ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of
the CONTRACTOR.
11.3 In emergencies affecting the safety of persons or the
WORK or property at the site or adjacent thereto, the
CONTRACTOR, without special instruction or authorization
from the ENGINEER or OWNER, shall act to prevent
threatened damage, injury or loss. He will give the
ENGINEER prompt WRITTEN NOTICE of any significant
changes in the WORK or deviations from the CONTRACT
DOCUMENTS caused thereby, and a CHANGE ORDER
shall thereupon be issued covering the changes and
deviations involved.
12. SUPERVISION BY CONTRACTOR
12.1 The CONTRACTOR will supervise and direct the WORK
using the Contractor’s best skill and attention. He will be
solely responsible for and control the means, methods,
techniques, sequences and procedures of construction.
The CONTRACTOR will employ and maintain on the
WORK a qualified supervisor or superintendent who shall
have been designated in writing by the CONTRACTOR as
the CONTRACTOR’S representative at the site. The
supervisor shall have full authority to act on behalf of the
CONTRACTOR and all communications given to the
supervisor shall be as binding as if given to the
CONTRACTOR. The supervisor shall be present on the
site at all times as required to perform adequate
supervision and coordination of the WORK.
13. CHANGES IN THE WORK
13.1 The OWNER may at any time, as the need arises, order
changes within the scope of WORK without invalidating the
Agreement. If such changes increase or decrease the
amount due under the CONTRACT DOCUMENTS, or the
time required for performance of the WORK, an equitable
adjustment shall be authorized by CHANGE ORDER.
13.2 The ENGINEER, also, may at any time, by issuing a FIELD
ORDER, make changes in the details of the WORK. The
CONTRACTOR shall proceed with the performance of any
GC-05
changes in the WORK so ordered by the ENGINEER
unless the CONTRACTOR believes that such FIELD
ORDER entitles him to a change in CONTRACT PRICE or
TIME, or both, in which event he shall give the ENGINEER
WRITTEN NOTICE thereof within seven (7) days after the
receipt of the ordered change. Thereafter the
CONTRACTOR shall document the basis for the change in
CONTRACT PRICE or TIME within thirty (30) days. The
CONTRACTOR shall not execute such changes pending
the receipt of an executed CHANGE ORDER or further
instruction from the OWNER.
14. CHANGES IN CONTRACT PRICE
14.1 The CONTRACT PRICE may be changed only by a
CHANGE ORDER. The value of any WORK covered by a
CHANGE ORDER or of any claim for increase or decrease
in the CONTRACT PRICE shall be determined by one or
more of the following methods in the order of precedence
listed below:
(a) Unit prices previously approved.
(b) An agreed lump sum.
(c) The actual cost for labor, direct overhead, materials,
supplies, equipment, and other services necessary to
complete the work. In addition there shall be added
an amount to be agreed upon but not to exceed fifteen
(15) percent of the actual cost of the WORK to cover
the cost of general overhead and profit.
15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
15.1 The date of beginning and the time for completion of the
WORK are essential conditions of the CONTRACT
DOCUMENTS and the WORK embraced shall be
commenced on a date specified in the NOTICE TO
PROCEED.
15.2 The CONTRACTOR will proceed with the WORK at such
rate of progress to insure full completion within the
CONTRACT TIME. It is expressly understood and agreed,
by and between the CONTRACTOR and the OWNER, that
the CONTRACT TIME for the completion of the WORK
described herein is a reasonable time, taking into
consideration the average climatic and economic conditions
and other factors prevailing in the locality of the WORK.
15.3 The parties acknowledge that the CONTRACT TIME is of
the essence, and that the OWNER will suffer damages if
the CONTRACTOR shall fail to complete the WORK within
the CONTRACT TIME, or extension of time granted by the
OWNER. It is acknowledged that such damages are
difficult to calculate and that the parties agree that the
liquidated damages as specified in the BID are reasonable,
and are intended as liquidated damages and not as a
penalty. In the event the CONTRACTOR shall fail to
complete the WORK within the CONTRACT TIME, then the
CONTRACTOR will pay to the OWNER the amount for
liquidated damages as specified in the BID for each
calendar day that the CONTRACTOR shall be in default
after the time stipulated in the CONTRACT DOCUMENTS.
15.4 The CONTRACTOR shall not be charged with liquidated
damages or any excess cost when the delay in completion
of the WORK is due to the following, and the
CONTRACTOR has promptly given WRITTEN NOTICE of
such delay to the OWNER or ENGINEER.
15.4.1 To any preference, priority or allocation order
duly issued by the OWNER.
15.4.2 To unforeseeable causes beyond the control and
without the fault or negligence of the
CONTRACTOR, including but not restricted to,
acts of God, or of the public enemy, acts of the
OWNER, acts of another CONTRACTOR in the
performance of a contract with the OWNER,
fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and abnormal and
unforeseeable weather; and
15.4.3 To any delays of SUBCONTRACTORS
occasioned by any of the causes specified in
paragraphs 15.4.1 and 15.4.2 of this article.
16. CORRECTION OF WORK
16.1 The CONTRACTOR shall promptly remove from the
premises all WORK rejected by the ENGINEER for failure
to comply with the CONTRACT DOCUMENTS, whether
incorporated in the construction or not, and the
CONTRACTOR shall promptly replace and re-execute the
WORK in accordance with the CONTRACT DOCUMENTS
and without expense to the OWNER and shall bear the
expense of making good all WORK of other
CONTRACTORS destroyed or damaged by such removal
or replacement.
16.2 All removal and replacement WORK shall be done at the
CONTRACTOR’S expense. If the CONTRACTOR does
not take action to remove such rejected WORK within ten
(10) days after receipt of WRITTEN NOTICE, the OWNER
may remove such WORK and store the materials at the
expense of the CONTRACTOR.
17. SUBSURFACE CONDITIONS
17.1 The CONTRACTOR shall promptly, and before such
conditions are disturbed, except in the event of an
emergency, notify the OWNER by WRITTEN NOTICE of:
17.1.1 Subsurface or latent physical conditions at the
site differing materially from those indicated in
the CONTRACT DOCUMENTS; or
17.1.2 Unknown physical conditions at the site, of an
unusual nature, differing materially from those
ordinarily encountered and generally recognized
as inherent in WORK of the character provided
for in the CONTRACT DOCUMENTS.
17.2 The OWNER shall promptly investigate the conditions, and
if he finds that such conditions do so materially differ and
cause an increase or decrease in the cost of, or in the time
required for, performance of the WORK, an equitable
adjustment shall be made and the CONTRACT
DOCUMENTS shall be modified by a CHANGE ORDER.
Any claim of the CONTRACTOR for adjustment hereunder
shall not be allowed unless he has given the required
WRITTEN NOTICE; provided that the OWNER may, if he
determines the facts so justify, consider and adjust any
such claims asserted before the date of final payment.
18. SUSPENSION OF WORK, TERMINATION AND DELAY
18.1 The OWNER may suspend the WORK or any portion
thereof for a period of not more than ninety days or such
further time as agreed upon by the CONTRACTOR, by
WRITTEN NOTICE to the CONTRACTOR and the
ENGINEER which notice shall fix the date on which WORK
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shall be resumed. The CONTRACTOR will resume that
WORK on the date so fixed. The CONTRACTOR will be
allowed an increase in the CONTRACT PRICE or an
extension of the CONTRACT TIME, or both, directly
attributable to any suspension.
18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent,
or if he makes a general assignment for the benefit of his
creditors, or if a trustee or receiver is appointed for the
CONTRACTOR or for any of his property, or if he files a
petition to take advantage of any debtor’s act, or to
reorganize under the bankruptcy or applicable laws, or if he
repeatedly fails to supply sufficient skilled workmen or
suitable materials or equipment, or if he repeatedly fails to
make prompt payments to SUBCONTRACTORS or for
labor, materials or equipment or if he disregards laws,
ordinances, rules, regulations or orders of any public body
having jurisdiction of the WORK or if he disregards the
authority of the ENGINEER, or if he otherwise violates any
provision of the CONTRACT DOCUMENTS, then the
OWNER may, without prejudice to any other right or
remedy and after giving the CONTRACTOR and his surety
a minimum of ten (10) days from delivery of a WRITTEN
NOTICE, terminate the services of the CONTRACTOR and
take possession of the PROJECT and of all materials,
equipment, tools, construction equipment and machinery
thereon owned by the CONTRACTOR, and finish the
WORK by whatever method he may deem expedient. In
such case the CONTRACTOR shall not be entitled to
receive any further payment until the WORK is finished. If
the unpaid balance of the CONTRACT PRICE exceeds the
direct and indirect costs of completing the PROJECT,
including compensation for additional professional services,
such excess SHALL BE PAID TO THE CONTRACTOR. If
such costs exceed such unpaid balance, the
CONTRACTOR will pay the difference to the OWNER.
Such costs incurred by the OWNER will be determined by
the ENGINEER and incorporated in a CHANGE ORDER.
18.3 Where the CONTRACTOR’S services have been so
terminated by the OWNER, said termination shall not affect
any right of the OWNER against the CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of monies by the OWNER due the
CONTRACTOR will not release the CONTRACTOR from
compliance with the CONTRACT DOCUMENTS.
18.4 After ten (10) days from delivery of a WRITTEN NOTICE to
the CONTRACTOR and the ENGINEER, the OWNER may,
without cause and without prejudice to any other right or
remedy, elect to abandon the PROJECT and terminate the
Contract. In such case, the CONTRACTOR shall be paid
for all WORK executed and any expense sustained plus
reasonable profit.
18.5 If, through no act or fault of the CONTRACTOR, the WORK
is suspended for a period of more than ninety (90) days by
the OWNER or under an order of court or other public
authority, or the ENGINEER fails to act on any request for
payment in accordance with the requirements of the Illinois
Local Government Prompt Payment Act, 50 ILCS 505/1 et
seq., or the OWNER fails to pay the CONTRACTOR
substantially the sum approved by the ENGINEER or
awarded by arbitrators in accordance with the requirements
of the Illinois Local Government Prompt Payment Act, 50
ILCS 505/1 et seq., then the CONTRACTOR may, after
ten (10) days from delivery of a WRITTEN NOTICE to the
OWNER and the ENGINEER, terminate the CONTRACT
and recover the OWNER payment for all WORK executed
and all expenses sustained. In addition and in lieu of
terminating the CONTRACT, if the ENGINEER has failed to
act on a request for payment or if the OWNER has failed to
make any payment as aforesaid, the CONTRACTOR may
upon ten (10) days written notice to the OWNER and the
ENGINEER stop the WORK until he has been paid all
amounts then due, in which event and upon resumption of
the WORK, CHANGE ORDERS shall be issued for
adjusting the CONTRACT PRICE or extending the
CONTRACT TIME or both to compensate for the costs and
delays attributable to the stoppage of the WORK.
18.6 If the performance of all or any portion of the WORK is
suspended, delayed, or interrupted as a result of a failure of
the OWNER or ENGINEER to act within the time specified
in the CONTRACT DOCUMENTS, or if not time is
specified, within a reasonable time, an adjustment in the
CONTRACT PRICE or an extension of the CONTRACT
TIME, or both, shall be made by CHANGE ORDER to
compensate the CONTRACTOR for the costs and delays
necessarily caused by the failure of the OWNER or
ENGINEER.
19. PAYMENTS TO CONTRACTOR
19.1 At least ten (10) days before each progress payment falls
due (but not more often than once a month), the
CONTRACTOR will submit to the ENGINEER a partial
payment estimate filled out and signed by the
CONTRACTOR covering the WORK performed during the
period covered by the partial payment estimate and
supported by such data as the ENGINEER may reasonably
require. A sworn “Contractor’s Affidavit” shall be submitted
with each payment request in sufficient form for the
OWNER to determine the CONTRACTOR’S right to
payment and compliance with the Illinois Mechanic’s Lien
Law. Each payment request shall include properly
executed waivers of lien in conformity with information set
forth on a properly completed Contractor’s Affidavit. In the
event the OWNER is satisfied with the CONTRACTOR’S
payment procedures, the OWNER may accept partial
waivers of lien of subcontractors and suppliers. If payment
is requested on the bases of materials and equipment not
incorporated in the WORK but delivered and suitably stored
at or near the site, the partial payment estimate shall also
be accompanied by such supporting data, satisfactory to
the OWNER, as will establish the OWNER’S title to the
material and equipment and protect his interest therein,
including applicable insurance. The ENGINEER will, within
ten (10) days after receipt of each partial payment estimate,
either indicate in writing his approval of payment and
present the partial payment estimate to the OWNER, or
return the partial payment estimate to the CONTRACTOR
indicating in writing his reasons for refusing to approve
payment. In the latter case, the CONTRACTOR may make
the necessary corrections and resubmit the partial payment
estimate. The OWNER will, in accordance with the
requirements of the Illinois Local Government Prompt
Payment Act, 50 ILCS 505/1 et seq., pay the
CONTRACTOR a progress payment on the basis of the
approved partial payment estimate. The OWNER shall
retain ten (10) percent of the amount of each payment until
final completion and acceptance of all work covered by the
CONTRACT DOCUMENTS. The OWNER at any time,
however, after fifty (50) percent of the WORK has been
completed, if he finds that satisfactory progress is being
made, shall reduce retainage to five (5) percent on the
current and remaining estimates. When the WORK is
substantially complete (operational or beneficial
occupancy), the retained amount may be further reduced
below five (5) percent to only that amount necessary to
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assure completion. On completion and acceptance of a
part of the WORK on which the price is stated separately in
the CONTRACT DOCUMENTS, payment may be made in
full, including retained percentages, less authorized
deductions.
19.2 The request for payment may also include an allowance for
the cost of such major materials and equipment which are
suitably stored either at or near the site.
19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with
the approval of the ENGINEER and with the concurrence of
the CONTRACTOR, may use any completed or
substantially completed portions of the WORK. Such use
shall not constitute an acceptance of such portions of the
WORK.
19.4 The OWNER shall have the right to enter the premises for
the purpose of doing work not covered by the CONTRACT
DOCUMENTS. This provision shall not be construed as
relieving the CONTRACTOR of the sole responsibility for
the care and protection of the WORK, or the restoration of
any damaged WORK except such as may be caused by
agents or employees of the OWNER.
19.5 Upon completion and acceptance of the WORK, the
ENGINEER shall issue a certificate attached to the final
payment request that the WORK has been accepted by him
under the conditions of the CONTRACT DOCUMENTS.
The entire balance found to be due the CONTRACTOR,
including the retained percentages, but except such sums
as may be lawfully retained by the OWNER, shall be paid
to the CONTRACTOR within thirty (30) days of completion
and acceptance of the WORK. Provided, however, neither
final payment nor release of any remaining retained
percentages shall become due and payable unless and
until the CONTRACTOR has submitted to the OWNER a
Consent of Surety in Final Payment to the issuer of the
Payment BOND.
19.6 The CONTRACTOR will indemnify and save the OWNER
or the OWNER’S agents harmless from all claims growing
out of the lawful demands of SUBCONTRACTORS,
laborers, workmen, mechanics, materialmen, and
furnishers of machinery and parts thereof, equipment, tools,
and all supplies, incurred in the furtherance of the
performance of the WORK. The CONTRACTOR shall, at
the OWNER’S request, furnish satisfactory evidence that all
obligations of the nature designated above have been paid,
discharged, or waived. If the CONTRACTOR fails to do so
the OWNER may, after having notified the CONTRACTOR,
either pay unpaid bills or withhold from the
CONTRACTOR’S unpaid compensation of a sum of money
deemed reasonably sufficient to pay any and all such lawful
claims until satisfactory evidence is furnished that all
liabilities have been fully discharged where upon payment
to the CONTRACTOR shall be resumed, in accordance
with the terms of the CONTRACT DOCUMENTS, but in no
event shall the provisions of this sentence be construed to
impose any obligations upon the OWNER to either the
CONTRACTOR, his Surety, or any third party. In paying
any unpaid bills of the CONTRACTOR, any payment so
made by the OWNER shall be considered as a payment
made under the CONTRACT DOCUMENTS by the
OWNER to the CONTRACTOR and the OWNER shall not
be liable to the CONTRACTOR for any such payments
made in good faith.
19.7 If the OWNER fails to make payment in accordance with
the requirements of the Illinois Local Government Prompt
Payment Act, 50 ILCS 505/1 et seq., after approval by the
ENGINEER, in addition to other remedies available to the
CONTRACTOR, there shall be added to each such
payment interest at the maximum legal rate commencing
on the first day after said payment is due and continuing
until the payment is received by the CONTRACTOR.
20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
20.1 The acceptance by the CONTRACTOR of final payment
shall be and shall operate as a release to the OWNER of all
claims in stated amounts as may be specifically excepted
by the CONTRACTOR for all things done or furnished in
connection with this WORK and for every act and neglect of
the OWNER and others relating to or arising out of this
WORK. Any payment, however, final or otherwise, shall
not release the CONTRACTOR or his sureties from any
obligations under the CONTRACT DOCUMENTS or the
Performance BOND and Payment BOND.
21. INSURANCE
21.1 The CONTRACTOR shall purchase and maintain such
insurance as will protect him from claims set forth below
which may arise out of or result from the CONTRACTOR’S
execution of the WORK, whether such execution be by
himself or by any SUBCONTRACTOR or by anyone
directly or indirectly employed by any of them, or by anyone
for whose acts any of them may be liable:
21.1.1 Claims under workmen’s compensation,
disability benefit and other similar employee
benefit acts;
21.1.2 Claims for damages because of bodily injury,
occupational sickness or disease, or death of
his employees;
21.1.3 Claims for damages because of bodily injury,
sickness or disease, or death of any person
other than his employees
21.1.4 Claims for damages insured by usual personal
injury liability coverage which are sustained (1)
by any person as a result of an offense directly
or indirectly related to the employment of such
person by the CONTRACTOR, or (2) by any
other person; and
21.1.5 Claims for damages because of injury to or
destruction of tangible property, including loss
of use resulting therefrom.
21.2 Certificates of Insurance acceptable to the OWNER shall
be filed with the OWNER prior to commencement of the
WORK. These Certificates shall contain a provision that
the OWNER is an additional non-contributory primary
insured and that coverages afforded under the policies will
not be cancelled unless at least fifteen (15) days prior
WRITTEN NOTICE has been given to the OWNER.
21.3 The CONTRACTOR shall procure and maintain, at his own
expense, during the CONTRACT TIME, liability insurance
as hereinafter specified.
21.3.1 CONTRACTOR’S General Public Liability and
Property Damage Insurance including vehicle
coverage issued to the CONTRACTOR and
protecting him from all claims for personal
injury, including death, and all claims for
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destruction of or damage to property, arising out
of or in connection with any operations under
the CONTRACT DOCUMENTS, whether such
operations be by himself or by any
SUBCONTRACTOR under him, or anyone
directly or indirectly employed by the
CONTRACTOR or by a SUBCONTRACTOR
under him. Insurance shall be written with a
limit of liability of not less than $2,000,000 for all
damages arising out of bodily injury, including
death, at any time resulting therefrom,
sustained by any one person in any one
accident; and a limit of liability of not less than
$2,000,000 aggregate for any such damages
sustained by two or more persons in any one
accident. Insurance shall be written with a limit
of liability of not less than $1,000,000 for all
property damage sustained by any one person
in any one accident; and a limit of liability of not
less than $1,000,000 aggregate for any such
damage sustained by two or more persons in
any one accident.
21.3.2 The CONTRACTOR shall acquire and maintain,
if applicable, Fire and Extended Coverage
insurance upon the PROJECT to the full
insurable value thereof for the benefit of the
OWNER, the CONTRACTOR, and
SUBCONTRACTORS as their interest may
appear. This provision shall in no way release
the CONTRACTOR or CONTRACTOR’S surety
from obligations under the CONTRACT
DOCUMENTS to fully complete the PROJECT.
21.4 The CONTRACTOR shall procure and maintain, at his own
expense, during the CONTRACT TIME, in accordance with
the provisions of the laws of the state in which the work is
performed. Workmen’s Compensation Insurance, including
occupational disease provisions, for all of his employees at
the site of the PROJECT and in case any work is sublet,
the CONTRACTOR shall require such SUBCONTRACTOR
similarly to provide Workmen’s Compensation Insurance,
including occupational disease provisions for all of the
latter’s employees unless such employees are covered by
the protection afforded by the CONTRACTOR. In case any
class of employees engaged in hazardous work under this
contract at the site of the PROJECT is not protected under
Workmen’s Compensation statute, the CONTRACTOR
shall provide, and shall cause each SUBCONTRACTOR to
provide, adequate and suitable insurance for the protection
of his employees not otherwise protected.
21.5 The CONTRACTOR shall secure, if applicable, “All Risk”
type Builder’s Risk Insurance for WORK to be performed.
Unless specifically authorized by the OWNER, the amount
of such insurance shall not be less than the CONTRACT
PRICE totaled in the BID. The policy shall cover not less
than the losses due to fire, explosion, hail, lightning,
vandalism, malicious mischief, wind, collapse, riot, aircraft
and smoke during the CONTRACT TIME, and until the
WORK is accepted by the OWNER. The policy shall name
as the insured the CONTRACTOR, the ENGINEER, and
the OWNER.
22. CONTRACT SECURITY
22.1 The CONTRACTOR shall within ten (10) days after the
receipt of the NOTICE OF AWARD furnish the OWNER
with a Performance Bond and a Payment Bond in penal
sum equal to the amount of the CONTRACT PRICE,
conditioned upon the performance by the CONTRACTOR
of all undertakings, covenants, terms, conditions and
agreements of the CONTRACT DOCUMENTS, and upon
the prompt payment by the CONTRACTOR to all persons
supplying labor and materials in the prosecution of the
WORK provided by the CONTRACT DOCUMENTS. Such
BONDS shall be executed by the CONTRACTOR and a
corporate bonding company licensed to transact such
business in the state in which the WORK is to be performed
and named on the current list of “Surety Companies
Acceptable on Federal Bonds” as published in the Treasury
Department Circular Number 570. The expense of these
BONDS shall be borne by the CONTRACTOR. If at any
time a surety on any such BOND is declared a bankrupt or
loses its right to do business in the state in which the
WORK is to be performed or is removed from the list of
Surety Companies accepted on Federal BONDS,
CONTRACTOR shall within ten (10) days after notice from
the OWNER to do so, substitute an acceptable BOND (or
BONDS) in such form and sum and signed by such other
surety or sureties as may be satisfactory to the OWNER.
The premiums on such BOND shall be paid by the
CONTRACTOR. No further payments shall be deemed
due nor shall be made until the new surety or sureties shall
have furnished an acceptable BOND to the OWNER.
22.2 The BOND shall also provide for the faithful performance
by the CONTRACTOR of the requirements of the Illinois
Prevailing Wage Act, 820 ILCS 130/.01 et seq.
23. ASSIGNMENTS
23.1 Neither the CONTRACTOR nor the OWNER shall sell,
transfer, assign or otherwise dispose of the Contract or any
portion thereof, or of his right, title or interest therein, or his
obligations thereunder, without written consent of the other
party.
24. INDEMNIFICATION
24.1 The CONTRACTOR will indemnify and hold harmless the
OWNER and the ENGINEER and their agents and
employees from and against all claims, damages, losses
and expenses including attorney’s’ fees arising out of or
resulting from the performance of the WORK, provided that
any such claims, damage, loss or expense is attributable to
bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property including the loss of use
resulting therefrom;’ and is caused in whole or in part by
any negligent or willful act or omission of the
CONTRACTOR, SUBCONTRACTOR, or anyone directly or
indirectly employed by any of them or anyone for whose
acts of they may be liable.
24.2 In any and all claims against the OWNER or the
ENGINEER, or any of their agents or employees, by any
employee of the CONTRACTOR, any SUBCONTRACTOR,
anyone directly or indirectly employed by any of them, or
anyone for whose acts any of them may be liable, the
indemnification obligation shall not be limited in any way be
any limitation on the amount or type of damages,
compensation or benefits payable by or for the
CONTRACTOR or any SUBCONTRACTOR under
workmen’s compensation acts, disability benefit acts or
other employee benefits acts.
24.3 The obligation of the CONTRACTOR under this paragraph
shall not extend to the liability of the ENGINEER, his
agents or employees arising out of the preparation or
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approval of maps, DRAWINGS, opinions, reports, surveys,
CHANGE ORDERS, designs or SPECIFICATIONS.
25. SEPARATE CONTRACTS
25.1 The OWNER reserves the right to let other contracts in
connection with this PROJECT. The CONTRACTOR shall
afford other CONTRACTORS reasonable opportunity for
the introduction and storage of their materials and the
execution of their WORK, and shall properly connect and
coordinate his WORK with theirs. If the proper execution or
results of any part of the CONTRACTOR’S WORK
depends upon the WORK of any other CONTRACTOR, the
CONTRACTOR shall inspect and promptly report to the
ENGINEER any defects in such WORK that render it
unsuitable for such proper execution and results.
25.2 The OWNER may perform additional WORK related to the
PROJECT by himself, or he may let other contracts
containing provisions similar to these. The CONTRACTOR
will afford the other CONTRACTORS who are parties to
such Contracts (or the OWNER, if he is performing the
additional WORK himself), reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of WORK, and shall properly connect and
coordinate his WORK with theirs.
25.3 If the performance of additional WORK by other
CONTRACTORS or the OWNER is not noted in the
CONTRACT DOCUMENTS prior to the execution of the
CONTRACT, written notice thereof shall be given to the
CONTRACTORS prior to starting any such additional
WORK. If the CONTRACTOR believes that the
performance of such additional WORK by the OWNER or
others involves him in additional expense or entities him to
an extension of the CONTRACT TIME, he may make a
claim therefor as provided in Sections 14 and 16.
26. SUBCONTRACTING
26.1 The CONTRACTOR may utilize the services of specialty
SUBCONTRACTORS on those parts of the WORK which,
under normal contracting practices, are performed by
specialty SUBCONTRACTORS.
26.2 The CONTRACTOR shall not award WORK to
SUBCONTRACTOR(s), in excess of fifty (50) percent of the
CONTRACT PRICE, without prior written approval of the
OWNER.
26.3 The CONTRACTOR shall be fully responsible to the
OWNER for the acts and omissions of his
SUBCONTRACTORS, and of persons either directly or
indirectly employed by them, as he is for the acts and
omissions of persons directly employed by him.
26.4 The CONTRACTOR shall cause appropriate provisions to
be inserted in all subcontracts relative to the WORK to bind
SUBCONTRACTORS to the CONTRACTOR by the terms
of the CONTRACT DOCUMENTS insofar as applicable to
the WORK of SUBCONTRACTORS and to give the
CONTRACTOR the same power as regards terminating
any subcontract that the OWNER may exercise over the
CONTRACTOR under any provision of the CONTRACT
DOCUMENTS.
26.5 Nothing contained in this CONTRACT shall create any
contractual relation between any SUBCONTRACTOR and
the OWNER.
27. ENGINEER’S AUTHORITY
27.1 The ENGINEER shall act as the OWNER’S representative
during the construction period. He shall decide questions
which may arise as to quality and acceptability of materials
furnished and WORK performed. He shall interpret the
intent of the CONTRACT DOCUMENTS in a fair and
unbiased manner. The ENGINEER will make visits to the
site and determine if the WORK is proceeding in
accordance with the CONTRACT DOCUMENTS.
27.2 The CONTRACTOR will be held strictly to the intent of the
CONTRACT DOCUMENTS in regard to the quality of
materials, workmanship and execution of the WORK.
Inspections may be made at the factory of fabrication plant
of the source of material supply.
27.3 The ENGINEER will not be responsible for the construction
means, controls, techniques, sequences, procedures, or
construction safety.
27.4 The ENGINEER shall promptly make decisions relative to
interpretation of the CONTRACT DOCUMENTS.
28. LAND AND RIGHTS-OF-WAY
28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER
shall obtain all land and rights-of-way necessary for
carrying out and for the completion of the WORK to be
performed pursuant to the CONTRACT DOCUMENTS,
unless otherwise mutually agreed.
28.2 The OWNER shall provide to the CONTRACTOR
information which delineates and describes the lands
owned and rights-of-way acquired.
28.3 The CONTRACTOR shall provide at his own expense and
without liability to the OWNER any additional land and
access thereto that the CONTRACTOR may desire for
temporary construction facilities, or for storage of materials.
29. GUARANTY
29.1 The CONTRACTOR shall guarantee all materials and
equipment furnished and WORK performed for a period of
one (1) year from the date of SUBSTANTIAL
COMPLETION except that the warranty period for punch
list items shall commence on the date of final payment.
The CONTRACTOR warrants and guarantees for a period
of one (1) year from the date of SUBSTANTIAL
COMPLETION of the system that the completed system is
free from all defects due to faulty materials or workmanship
and conform to the requirements of the CONTRACT
DOCUMENTS, and the CONTRACTOR shall promptly
make such corrections as may be necessary by reason of
such defects including the repairs of any damage to other
parts of the system resulting from such defects. The
OWNER will give notice of observed defects with
reasonable promptness. In the event that the
CONTRACTOR should fail to make such repairs,
adjustments, or other WORK that may be made necessary
by such defects, the OWNER may do so and charge the
CONTRACTOR the cost thereby incurred. The
Performance BOND shall remain in full force and effect
through the guarantee period.
30. ARBITRATION
30.1 All claims, disputes and other matters in question arising
out of, or relating to, the CONTRACT DOCUMENTS or the
breach thereof, except for claims which have been waived
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by the making and acceptance of final payment as provided
by Section 20, for less than $50,000 shall be decided by
arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association.
This agreement to arbitrate shall be specifically enforceable
under the prevailing arbitration law. The award rendered
by the arbitrators shall be final, and judgment may be
entered upon it in any court having jurisdiction thereof.
30.2 Notice of the demand for arbitration shall be field in writing
with the other party to the CONTRACT DOCUMENTS and
with the American Arbitration Association, and a copy shall
be filed with the ENGINEER. Demand for arbitration shall
in no event be made on any claim, dispute or other matter
in question which would be barred by the applicable statute
of limitations.
30.3 The CONTRACTOR will carry on the WORK and maintain
the progress schedule during any arbitration proceedings,
unless otherwise mutually agreed in writing.
31. TAXES
31.1 The CONTRACTOR will pay all sales, consumer, use and
other similar taxes required by the law of the place where
the WORK is performed.
32. PREVAILING WAGES
32.1 The PROJECT calls for the construction of a “public work”
within the meaning of the Illinois Prevailing Wage Act, 820
ILCS 130/.01 et seq. (the “Act”). The Act requires
CONTRACTORS and SUBCONTRACTORS to pay
laborers, workers and mechanics performing services on
public works projects no less than the “prevailing rate of
wages” (hourly cash wages plus fringe benefits) in the
county where the works is to be performed. For information
regarding current prevailing wage rates, please refer to the
Illinois Department of Labor’s website at:
http://www.state.il.us/agency/idol/rates/rates.HTM
All CONTRACTORS and SUBCONTRACTORS rendering
services on the PROJECT must comply with all
requirement of the Act, including but not limited to all wage,
notice and record keeping duties.
32.2 The prevailing rate of hourly wages applicable for the
OWNER has been established by Resolution enacted in
accordance with law. A copy of the most current
enactment may be obtained from the OWNER
32.3 The prevailing rate of hourly wages applicable to the
OWNER and to the PROJECT may be revised at any time
by the Illinois Department of Labor. Any such revised rates
will apply to the PROJECT in accordance with law.
32.4 The CONTRACTOR shall submit to the OWNER monthly
certified payroll records related to work on the PROJECT,
together with a statement verifying that the records are true
and accurate and otherwise meeting the requirements of
820 ILCS 130.5.
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YO1424-C 1 SPECIAL PROVISIONS
SPECIAL PROVISIONS
SP-0 INDEX TO SPECIAL PROVISIONS
SP-1 LOCATION OF IMPROVEMENTS SP-2 DESCRIPTION OF IMPROVEMENTS SP-3 BID AWARD INFORMATION SP-4 CONTROL OF WORK AND PROSECUTION AND PROGRESS SP-5 APPLICABLE SPECIFICATIONS SP-6 MANDATORY PRECONSTRUCTION MEETING SP-7 PRE-BID SITE VISIT SP-8 CONSTRUCTION STAKING SP-9 NOTIFICATION TO UTILITIES SP-10 PROTECTION OF EXISTING DRAINAGE FACILITIES SP-11 LOCATION OF EXISTING UTILITIES SP-12 PERMITTING SP-13 COOPERATION WITH OTHER CONTRACTORS SP-14 NOTIFICATION TO RESIDENCES SP-15 BRUSH REMOVAL SP-16 TURF GRASS HERBICIDE APPLICATION SP-17 SOIL PREPARATION SP-18 EMERGENT PLUG INSTALLATION SP-19 WET MESIC SEEDING SP-20 PRAIRIE SEEDING SP-21 EROSION CONTROL BLANKET SP-22 WATERFOWL ENCLOSURE FENCING FOR EMERGENT PLUGS SP-23 ALGAECIDE TREATMENT SP-24 MAINTENANCE FOR PONDS SP-25 RESTORATION SP-26 WATER REQUIRED FOR RESTORATION SP-27 EROSION CONTROL SP-28 DEWATERING SP-29 TRAFFIC CONTROL AND PROTECTION SP-30 INCIDENTAL WORK SP-31 INSURANCE REQUIREMENTS SP-32 CERTIFIED PAYROLL REQUIREMENTS SP-33 TAX EXEMPTION SP-34 RESPONSIBILITY FOR CONTRACT CLAIMS
YO1424-C 2 SPECIAL PROVISIONS
SP-1 LOCATION OF IMPROVEMENTS
The Sunflower Estates ponds are located in the Sunflower Estates Subdivision on
the west side of Walsh Drive, at the Northwest corner of IL Routes 47 and 71 in
the United City of Yorkville, Kendall County, Illinois. There are three ponds known
on the subdivision plans as Basin No. 2, Central Basin, and South Basin.
The Greenbriar pond is located in the Greenbriar Subdivision which is northwest
of the intersection of IL Routes 47 and Greenbriar Road in the United City of
Yorkville, Kendall County, Illinois. The pond is located at the north end of the
subdivision on the west side of Walsh Drive.
SP-2 DESCRIPTION OF IMPROVEMENTS
This project consists of the installation of naturalized seeding for three detention
basins in Sunflower Estates and one basin in Greenbriar. The improvements
include brush removal and herbicide existing grass, soil preparation and
naturalized seeding, including emergent plugs, wet mesic and prairie seeding over
approximately 1.5 acres of area for the three Sunflower ponds and 0.75 acres for
the Greenbriar pond. The project also includes algaecide treatment for each of
the ponds and maintenance of the installed vegetation for a three year period.
SP-3 BID AWARD INFORMATION
The City will award the contract to the lowest responsible bidder for the total of bid
items 1 through 22 for the Sunflower Estates and Greenbriar Pond Improvements.
At the time of Contract award the City reserves the right to proceed with only the
Sunflower Estate improvements (bid items 1 through 11) and remove the
Greenbriar improvements from the Contract (bid items 12 through 22). There
shall be no adjustment to unit prices for bid items 1 through 11 if the City removes
the Greenbriar bid items from the Contract. This action will not affect the
determination of the lowest responsible bidder for the project.
SP-4 CONTROL OF WORK AND PROSECUTION AND PROGRESS
It is the intent of the United City of Yorkville that the project be constructed in an
orderly and timely manner. The Contractor shall take special note of the
provisions of Article 105.06, Article 108.01 Paragraph 2, and Article 108.02 of the
Standard Specifications, which shall be adhered to.
The contractor shall complete the seeding portion of the Sunflower Estates and
Greenbriar Pond Improvements by November 30, 2014, and shall complete the
plug installation by June 1, 2015. Completion is defined as completion of all work
with the exception of the maintenance work which shall be completed by June 1
annually for three years. Substantial completion is defined as completion of all
YO1424-C 3 SPECIAL PROVISIONS
work with the exception of landscape restoration. The substantial completion date
and full completion date for the full improvements shall be governed as set forth in
Section 108 - Prosecution and Progress of the Standard Specifications.
Should the Contractor fail to substantially complete the work by June 1, 2015, the
Contractor shall be liable to the United City of Yorkville in the amount specified
and in accordance with Article 108.09.
SP-5 APPLICABLE SPECIFICATIONS
The following Special Provisions supplement the Standard Specifications for
Water and Sewer Main Construction in Illinois, latest edition; the Illinois
Department of Transportation Standard Specifications for Road and Bridge
Construction, adopted January 1, 2012 (hereinafter referred to as the Standard
Specifications); the Illinois Department of Transportation Standard Specifications
for Traffic Control Items, latest edition; and the Manual on Uniform Traffic Control
Devices, latest edition. In case of conflict with any part or parts of said
Specifications, these Special Provisions shall take precedence.
SP-6 MANDATORY PRECONSTRUCTION MEETING
Following the award of the Contract, the Contractor will be required to attend a
Preconstruction Conference prior to beginning work. At this time, the Contractor
will be required to furnish the following:
• Written progress schedule and phasing plan
• Names of Project Manager and Field Superintendent
• Names of subcontractors and material suppliers
• Name of the contact person and emergency phone numbers of the
Contractor’s representative for contact after construction hours.
SP-7 PRE-BID SITE VISIT
All bidders are encouraged to visit the site prior to preparation of bid. Submission
of the bid is acknowledgement that the Bidder is aware of and accepting of
existing conditions prior to the installation of the pond improvements.
SP-8 CONSTRUCTION STAKING
Construction layout of the limits of seeding and locations of Emergent Plant Plug
areas will be provided by the Contractor in coordination with EEI and the City. It is
the Contractor’s responsibility to confirm all staking prior to construction. Any
errors shall be brought to the immediate attention of the engineering and resolved
prior to construction.
YO1424-C 4 SPECIAL PROVISIONS
SP-9 NOTIFICATION TO UTILITIES
The Contractor shall notify all utility companies including the local electric,
telephone, gas, Yorkville-Bristol Sanitary District and the United City of Yorkville, a
minimum of 72 hours prior to beginning any construction or underground
investigations. The Contractor shall then have the responsibility to determine from
the public utility companies the locations of underground pipes, conduits or cables
adjoining or crossing the construction area.
SP-10 PROTECTION OF EXISTING DRAINAGE FACILITIES
During construction, if the Contractor encounters or otherwise becomes aware of
any sewer, underdrains or field drains within the right-of-way other than those
shown on the plans, he shall so inform the Engineer who shall direct the work
necessary to maintain or to replace the facilities in service and to protect them
from damage during construction if to be maintained. The Contractor shall make
themselves aware of the location of all inlet and outfall pipes in the detention
basins and take the necessary precautions to protect them during construction.
Existing facilities to be maintained that are damaged because of non-compliance
with this provision shall be replaced at the Contractor’s own expense.
Should the Engineer direct the replacement of a facility, the necessary work and
payment shall be done in accordance with Section 603 and 607 and Article 104.03
respectively of the Standard Specifications.
SP-11 LOCATION OF EXISTING UTILITIES
The Contractor shall make his own investigations and familiarize himself with the
location of all utilities and structures that may be found in the vicinity of the
construction and assumes responsibility for all utilities whether shown or not, and
must realize that the actual locations and/or elevations of the utilities may be
different than indicated. Prior to construction, the Contractor shall contact all utility
companies and arrange for location of any utilities they may have in the various
areas.
It is understood and agreed that the Contractor has considered in his bid all of the
permanent and temporary utility appurtenances in their present or relocated
positions. Should any damages occur due to the Contractor’s negligence, repairs
shall be made by the Contractor at his expense in a manner acceptable to the
Engineer. The Contractor shall notify all utility companies of his construction
schedule and coordinate construction operations with the utility companies so that
relocation of utility lines and structures may proceed in an orderly manner.
YO1424-C 5 SPECIAL PROVISIONS
SP-12 PERMITTING
The United City of Yorkville will issue a permit for this project under their
stormwater ordinance and submit the Notice of Intent for the ILR-10 IEPA NPDES
Permit. It is the Contractors responsibility to read these permits and comply with
their provisions. All other permits which may be necessary for construction are the
responsibility of the Contractor to obtain.
SP-13 COOPERATION WITH OTHER CONTRACTORS
The Contractor shall cooperate with other contractors that are working on/or near
any portion of the project site. The Contractor shall schedule his construction to
minimize conflicts in common work areas and to maintain continuity in
construction and traffic management. Contractor will be given the names of other
contractors who will work on/or near the project site. It is the Contractor’s
responsibility to contact each contractor and coordinate the sequence of work with
them.
SP-14 NOTIFICATION TO RESIDENCES
The Contractor shall assist the City with notifications to residences backing up to
the ponds regarding scheduling of the improvements and maintenance activities
associated with work. Residents must be notified at least 48 hours in advance of
any the start of work and of any prescribed burning maintenance activities.
SP-15 BRUSH REMOVAL
This work shall be completed in accordance with Section 201 of the Standard
Specifications. It shall include the removal of all trees and bushes that have
grown up on the basin side slopes between the normal water line and the top of
the basin slope within the areas to be seeded. The Contractor shall be
responsible for disposal of the plant material. The work shall be paid for at the
contract unit price of lump sum for BRUSH REMOVAL, which shall include all
materials, labor, and equipment necessary to complete the work and dispose of
the plant material.
SP-16 TURF GRASS HERBICIDE APPLICATION
This work shall consist of applying herbicide to the existing turf grass areas to be
seeded with the naturalized vegetation. Contractor shall complete an herbicide
application over the existing turf grass areas between the water level and the top
of basin slope in the fall of 2014 prior to soil preparation and seeding. The
Contractor shall select an appropriate herbicide and submit it the City for approval.
The Contractor shall apply the herbicide in accordance with all label requirements.
The Contractor shall flag the limits of the herbicide application for EEI and City
approval before application and coordinate with the City to provide notification to
YO1424-C 6 SPECIAL PROVISIONS
residents backing up to the detention basins. Any adjacent areas damaged by the
herbicide application shall be repaired at the Contractors expense.
The work shall be paid for at the contract unit price per acre for TURF GRASS
HERBICIDE APPLICATION, which shall include all material, labor, and equipment
necessary to complete the work.
SP-17 SOIL PREPARATION
This work shall be completed in accordance with Section 250 of the Standard
Specifications and shall consist of creating a suitable seed bed for the Wet Mesic
and Prairie Seeding areas. The work shall including disking or tilling the seeding
area to create the seed bed and application of fertilizer nutrients necessary to
allow for establishment of the seeding.
The work shall be paid for at the contract unit price per acre for SOIL
PREPARATION, which shall include all materials, labor, and equipment necessary
to complete the work.
SP-18 EMERGENT PLUG INSTALLATION
This work shall consist of installing emergent plugs along the shore line of the
basins. Depending on weather and soil moisture conditions, plant installation
should occur between April 15, 2015 and June 1, 2015.
The Contractor shall develop an emergent plug plan for each basin showing
general locations, types of plants and number of plugs to be planted in each basin
and provide the plan to the City for approval. The plant types shall be in general
conformance with the plant list provided in Appendix B. Requests for equivalent
alternate plants shall be submitted to the City for consideration. The total number
of plugs planted shall be limited to the bid quantity unless otherwise directed by
the City.
This work item shall include the removal of any existing emergent plants along the
shore line that will interfere with installation or establishment of the emergent plug
plantings. The work shall be paid for at the contract unit price per each for
EMERGENT PLUG INSTALLATION, which shall include all materials, labor and
equipment necessary to complete the work.
SP-19 WET MESIC SEEDING
This work shall be completed in accordance with Section 250 of the Standard
Specifications and shall consist of planting the wet mesic seeding mixture along
the shoreline of the basins. Depending on weather and soil moisture conditions,
seeding should occur between October 15, 2014 and November 30, 2014.
The Contractor shall develop a seeding plan for the basins showing the limits of
the wet mesic and prairie seeding areas for each basin and provide the plan to the
YO1424-C 7 SPECIAL PROVISIONS
City for approval. The wet mesic seed mixture shall be in general conformance
with the seeding list provided in Appendix B. Requests for equivalent alternate
seed mixtures shall be submitted to the City for consideration.
This work shall be paid for at the contract unit price per acre for WET MESIC
SEEDING, which shall include all materials, labor and equipment necessary to
complete the work.
SP-20 PRAIRIE SEEDING
This work shall be completed in accordance with Section 250 of the Standard
Specifications and shall consist of planting the prairie seeding mixture along the
slopes of the basins between the wet mesic seeding and the top of slope.
Depending on weather and soil moisture conditions, seeding should occur
between October 15, 2014 and November 30, 2014.
The Contractor shall develop a seeding plan for the basins showing the limits of
the wet mesic and prairie seeding areas for each basin and provide the plan to the
City for approval. The prairie seed mixture shall be in general conformance with
the seeding list provided in Appendix B. Requests for equivalent alternate seed
mixtures shall be submitted to the City for consideration.
This work shall be paid for at the contract unit price per acre for PRAIRIE
SEEDING, which shall include all materials, labor and equipment necessary to
complete the work.
SP-21 EROSION CONTROL BLANKET
This work shall be completed in accordance with Section 251 of the Standard
Specifications. The erosion control blanket shall be installed immediately
following seeding. North American Green S-150 blanket (or approved equivalent)
shall be installed on the basin slopes and North American Green C-125 blanket
(or approved equivalent) along the shore line.
This work shall be paid for at the contract unit price per square yard for EROSION
CONTROL BLANKET S-150 (SLOPES) or EROSION CONTROL BLANKET C-
125 (SHORELINE) as appropriate, which shall include all materials, labor and
equipment necessary to complete the work.
SP-22 WATERFOWL ENCLOSURE FENCING FOR EMERGENT PLUGS
This work shall consist of providing fencing for the protection of the emergent plug
plantings from waterfowl. The fencing shall be installed immediately after planting
and maintained until establishment of the plantings. Following establishment of
the plants and approval by the City the Contractor shall remove the enclosure
fencing.
YO1424-C 8 SPECIAL PROVISIONS
This work shall be paid for at the contract unit price per foot for W ATERFOWL
ENCLOSURE FENCING FOR EMERGENT PLUGS, which shall include all
materials, labor and equipment necessary to complete the work.
SP-23 ALGAECIDE TREATMENT
This work shall consist of an algaecide treatment for each of the three basins.
The Contractor shall select an appropriate algaecide and submit it the City, along
with a schedule for application, for approval. The Contractor shall apply the
algaecide in accordance with all label requirements.
The work shall be paid for at the contract unit price per each for ALGAECIDE
TREATMENT, which shall include all material, labor, and equipment necessary to
complete the work.
SP-24 MAINTENANCE FOR PONDS
This work shall consist of provide maintenance for the pond naturalized vegetation
for a period of three years to insure establishment of the vegetation. The
Contractor shall submit a maintenance plan and schedule to the City for approval
that covers maintenance activities for a three year period following completion of
installation of the naturalized vegetation.
The maintenance plan should include the following items: mowing for control of
invasive flora and to allow sunlight to seedlings, selective weeding and herbicide
application to control of invasive woody and herbaceous flora, and a controlled
burn in year three of the maintenance period.
The work shall be paid for at the contract unit price per each for 3 YEAR
MAINTENANCE FOR PONDS, which shall include all material, labor, and
equipment necessary to complete the work.
SP-25 RESTORATION
The Contractor shall restore all areas disturbed during construction of the
improvements outside of the limits of the seeding areas, including areas disturbed
by access to the site or staging or storage of materials, or as part of any of his
activities to a condition equal to or better than the original condition.
All ditches, parkways, and other grassed areas disturbed during construction shall
be restored to their original shape, contour and condition. Seeding, including finish
grade preparation of seedbed, fertilizer and planting shall be as set forth in Section
250 of the Standard Specifications. All disturbed areas must be covered with
mulch hydraulically per method 3 as described in Section 251 of the Standard
Specifications.
The Contractor shall be responsible for maintaining all restored areas until such a
time as the City accepts these areas. This acceptance will be granted after the
YO1424-C 9 SPECIAL PROVISIONS
Contractor has both fulfilled the minimum required maintenance items and has
established a stand of grass (where required) which meets the acceptance
standards set forth in these Special Provisions.
Acceptance of seeded areas will be determined by inspection by the City and
Engineer. In order for an area to be accepted, it shall conform the following:
a) Grass shall display a reasonably uniform distribution of grass plants
b) Grass shall display vigorous growth and be green and healthy in
appearance.
Areas having bare spots larger than one (1) square foot will not be accepted. In
this situation, the bare spots must be re-seeded in accordance with seeding and
maintenance specifications.
The Contractor shall have a representative on the job at all time when work is
being performed.
Additional areas damaged by machinery, construction equipment, Contractor
negligence or over-excavation beyond the limits shown on the plans shall be
repaired in accordance with this Special Provision, at the Contractor’s expense.
All costs related to restoration of disturbed areas outside of the limits of the
naturalized seeding areas will be incidental to the contract.
SP-26 WATER REQUIRED FOR RESTORATION
Water necessary for the restoration of the disturbed areas will be provided by the
City free of charge. Access to water should be coordinated with the City.
SP-27 EROSION CONTROL
Erosion control measures shall be required as necessary to protect the Pond from
erosion and sediment damage during construction. Erosion Control shall be
provided as deemed necessary by the Engineer and shall be in compliance with
the most recent revisions to the Illinois Urban Manual.
All areas disturbed for the contract work shall be seeded and blanketed as soon
as possible after soil preparation. The Contractor will be responsible for clean up
and any soil preparation or seeding re-work required if there is erosion on the
basin slopes due to blanket installation not completed in a timely manner.
All costs related to Erosion Control will be incidental to the contract.
SP-28 DEWATERING
Dewatering, as required, will be considered incidental to this Contract.
YO1424-C 10 SPECIAL PROVISIONS
SP-29 TRAFFIC CONTROL AND PROTECTION
The Contractor shall furnish, erect, maintain and remove all signs, barricades,
flaggers and other traffic control devices as may be necessary for the purpose of
regulating, warning or guiding traffic. Placement and maintenance of all traffic
control devices shall be in accordance with the applicable parts of Section 701 of
the Standard Specifications, the Illinois Manual on Uniform Traffic Control Devices
for Streets and Highways in the Supplemental Specifications, any Special Details,
Special Provisions, recurring special provisions and the Highway Standards
contained herein.
All costs related to traffic control and protection will be considered incidental to the
contract.
SP-30 INCIDENTAL WORK
All work necessary to complete the contract, described in the applicable
specifications or in these Special Provisions and not covered by a pay item, will be
considered as incidental to the Contract.
SP-31 INSURANCE REQUIREMENTS
Prior to CITY signing a contract with the CONTRACTOR, the CONTRACTOR
shall furnish Certificates of Insurance which meet the insurance requirements and
conditions noted in Section 21 of the general conditions and those set forth by the
agency(s) listed below.
The United City of Yorkville (including its Officials, Employees, and Volunteers),
and Engineering Enterprises, Inc. (including its Agents, Subcontractors, and
Employees) shall be indorsed onto the policy as additional insured.
No endorsement or additional forms shall modify or limit the coverage provided to
the additional insured. Coverage shall be afforded on a primary basis for
additional insured.
SP-32 CERTIFIED PAYROLL REQUIREMENTS
Per Public Act 94-0515, Contractors and Subcontractors on public works projects
must submit certified payroll records on a monthly basis to the City, along with a
statement affirming that such records are true and accurate, that the wages paid to
each worker are not less than the required prevailing rate and that the Contractor
is aware that filing records he or she knows to be false is a Class B misdemeanor.
The certified payroll records must include for every worker employed on the public
works project the name, address, telephone number, social security number, job
classification, hourly wages paid in each pay period, number of hours worked each
day, and starting and ending time of work each day. These certified payroll
YO1424-C 11 SPECIAL PROVISIONS
records are considered public records and public bodies must make these records
available to the public under the Freedom of Information Act, with the exception of
the employee’s address, telephone number and social security number. Any
Contractor who fails to submit a certified payroll or knowingly files a false certified
payroll is guilty of a Class B misdemeanor.
SP-33 TAX EXEMPTION
This project will be tax exempt. The City’s tax exempt number will be provided to
the Contractor after the contract is awarded.
SP-34 RESPONSIBILITY FOR CONTRACT CLAIMS
The Contractor shall indemnify and save harmless the United City of Yorkville,
Engineering Enterprises, Inc. and all employees and servants thereof, against all
loss, damage or expense sustained as a result of any suits, actions or claims of
any character brought on account of property damage, injury to or death of any
person or persons, including all persons performing work under this Contract,
which may arise in connection with the work to be performed under this Contract.
It is solely the responsibility of the Contractor to provide a safe work environment
for both workers on site and the traveling public, at all times until such a point
where the City has accepted the improvements set forth in this Contract and any
additional work items added by Change Order.
APPENDIX A
APPENDIX B
Quantity
(plants/ac)0-4 in.4-12 in.
Soft rush Juncus effusus 600 xx
Hardstem bulrush Scirpus acutus 200 xx
River bulrush Scirpus fluviatilis 500 xx
Common three-square Scirpus pungens 200 x
Softstem bulrush Scirpus validus creber 200 xx
Common burreed Sparganium eurycarpum 300 xx
2,000
Sweet flag Acorus calamus 300x
Blue flag Iris virginica shrevei 400 xx
Sago pondweed Potamogeton pectinatus 300 x
White water crowfoot Ranunculus longirostris 200 x
Common arrowhead Sagittaria latifolia 300 xx
1,500
TOTAL3,500
Emergent Plugs
Subtotal
Description: This is an emergent mix that emphasizes native species adapted to fluctuating, dirty-water
conditions typical to stormwater wetlands. The mix has variable height, with taller emergent plants reaching
heights of approximately 60 inches but the majority being 36 inches or less.
Subtotal
Common NameScientific Name Water Depth
Naturalized Stormnwater Basin Plantings
plugs/ac
SEDGES, RUSHES, AND REEDS
FORBS
Quantity
(plants or lbs/ac)
Seed oats Avena sativa 32.00
Canada wildrye Elymus canadensis 1.500
FoxtailbBarley Hordeum jubatum 0.125
Annual ryegrass Lolium multiflorum 5.000
38.625
Little bluestem Andropogon scoparius 4.000
Side-oats grama Bouteloua curtipendula 5.000
Virginia wildrye Elymus virginicus 0.250
Indiangrass Sorghastrum nutans 1.000
10.250
Nodding wild onion Allium cernuum 0.125
Lead plant Amorpha canescens 0.125
Smooth blue aster Aster laevis 0.125
Heath aster Aster ericoides 0.031
Partridge pea Cassia fasciculata 0.250
Sand coreopsis Coreopsis lanceolata 0.500
Broad-leaved purple coneflower Echinacea purpurea 0.500
Rattlesnake master Eryngium yuccifolium 0.125
Round-headed bush clover Lespedeza capitata 0.125
Wild quinine Parthenium integrifolium 0.125
Foxglove beard tongue Penstemon digitalis 0.125
Purple prairie clover Petalostemum purpureum 0.125
Prairie cinquefoil Potentilla arguta 0.031
Mountain mint species Pyncanthemum species 0.031
Pasture rose Rosa carolina 0.125
Black-eyed Susan Rudbeckia hirta 0.500
Sweet black-eyed Susan Rudbeckia subtomentosa 0.015
Compass plant Silphium laciniatum 0.031
Prairie dock Silphium terebinthinaceum 0.031
Hairy grass-leaved goldenrod Solidago graminfolia 0.063
Stiff goldenrod Solidago rigida 0.062
Common spiderwort Tradescantia ohiensis 0.063
FORBS
COVER CROP
GRASSES
Subtotal
Naturalized Stormwater Basin Plantings
Low Profile Prairie with Wildflower Accents (Prairie Seeding)
Common NameScientific Name
Subtotal
Description: This is a mesic/dry prairie mix that emphasizes low-profile native grass and forb species.
The mix reaches a height of approximately 24 to 36 inches. This mix should be used on compacted
slopes of stormwater basins and other areas of poor to medium soils where a low-profile, drought
tolerant mix is desired.
Quantity
(plants or lbs/ac)Common NameScientific Name
Hoary vervain Verbena stricta 0.125
Golden alexanders Zizia aurea 0.063
Accent flowers*-4.000
7.421
56.30TOTALS
Note: Accent flowers = Midwestern Wildflower mix, minus dame's rocket.
Subtotal
Quantity
(lbs/ac)
Redtop Agrostis alba 2.000
Creeping bent Agrostis alba palustris 3.000
Seed oats Avena sativa 32.000
Canada wildrye Elymus canadensis 2.500
37.000
Rice cutgrass Leersia oryzoides 1.000
Prairie switchgrass Panicum virgatum 1.500
Prairie cordgrass Spartina pectinata 1.000
3.500
Bebb's sedge Carex bebbii 0.125
Bristly sedge Carex comosa 0.063
Crested oval sedge Carex cristatella 0.063
Common fox sedge Carex stipata 0.188
Lance-fruited oval sedge Carex scoparia 0.063
Fox sedge Carex vulpinoidea 0.063
Red-rooted spikerush Eleocharis erythropoda 0.125
Dudley's rush Juncus dudleyi 0.063
Torrey's rush Juncus torreyi 0.063
Dark green rush Scirpus atrovirens 0.250
Woolgrass Scirpus cyperinus 0.063
Red bulrush Scirpus pendulus 0.125
Great bulrush Scirpus validus creber 0.250
1.504
Common water plantain Alisma subcordatum 0.250
Swamp milkweed Asclepias incarnata 0.125
New England aster Aster novae-angliae 0.125
Nodding bur marigold Bidens cernua 0.063
Common beggar’s ticks Bidens frondosa 0.063
Common boneset Eupatorium perfoliatum 0.188
Sneezeweed Helenium autumnale 0.125
Subtotal
Subtotal
SEDGES, RUSHES, AND REEDS
FORBS
Naturalized Stormnwater Basin Plantings
Wet Meadow/Wet Prairie (Wet Mesic Seeding)
GRASSES
Common NameScientific Name
COVER CROP
Description: This is a saturated soil/wet shoreline mix that emphasizes native wetland species adapted
to fluctuating, dirty-water conditions typical to urban shorelines. The mix reaches a height of 24 to 36
inches, with accents of taller plants.
Subtotal
Quantity
(lbs/ac)Common NameScientific Name
Torrey’s rush Juncus torreyi 0.125
False dragonhead Physostegia virginiana 0.094
Water smartweed Polygonum amphibium stipulaceum 0.25
Common arrowhead Sagittaria latifolia 0.125
Cup plant Silphium perfoliatum 0.188
Blue vervain Verbena hastata 0.125
Common ironweed Vernonia fasciculata 0.094
1.940
43.94
Subtotal
TOTAL
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
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Parks and Recreation
Agenda Item Number
Minutes #1
Tracking Number
CC 2014-67
Minutes of the City Council – June 24, 2014
City Council – July 22, 2014
Majority
Approval
Approval of Minutes
Beth Warren City Clerk
Name Department
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, JUNE 24, 2014
Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance.
ROLL CALL
City Clerk Warren called the roll.
Ward I Koch Present
Colosimo Present
Ward II Milschewski Present
Kot Present
Ward III Frieders Present
Funkhouser Present
Ward IV Spears Present (called in)
Teeling Present
Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson, Police Chief Hart, Deputy
Chief of Police Klingel, Public Works Director Dhuse, Finance Director Fredrickson, EEI Engineer
Sanderson, Community Development Director Barksdale-Noble, Director of Parks and Recreation Evans
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
None.
PRESENTATIONS
Retail Market Study RFP Presentation by The Retail Coach
Aaron Farmer, vice president of the Retail Coach, gave a presentation on the retail market study RFP.
PUBLIC HEARINGS
1. General Obligation Bonds
a. General Obligation Bonds (Alternate Revenue Source), Series 2014A
b. General Obligation Refunding Bonds (Alternate Revenue Source), Series 2014B
c. General Obligation Refunding Bonds (Alternate Revenue Source), Series 2014C
Mayor Golinski opened public hearing for general obligations bonds. He asked for comments from the
public and Council. No comments were given. Mayor Golinski closed the public hearing.
CITIZEN COMMENTS ON AGENDA ITEMS
None.
CONSENT AGENDA
1. Request to Purchase Two New Vehicles - authorize the purchase and build-out of one squad car
in an amount not to exceed $50,370.11 and authorize the purchase of one detective car in an
amount not to exceed $28,301. (PS 2014-13)
2. Request to Purchase New Squad Car Computers - authorize the purchase of six new squad car
computers in an amount not to exceed $28,170. (PS 2014-14)
Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman
Colosimo; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes-8 Nays-0
Colosimo-aye, Milschewski-aye, Spears-aye, Frieders-aye,
Funkhouser-aye, Koch-aye, Teeling-aye, Kot-aye
MINUTES FOR APPROVAL
1. Minutes of the Regular City Council Meeting – May 27, 2014 (CC 2014-56)
2. Minutes of the Special City Council Meeting – June 10, 2014 (CC 2014-57)
Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for May
27, 2014, and the minutes of the special City Council meeting for June 10, 2014, as presented. So moved
by Alderman Frieders; seconded by Alderman Koch.
Minutes approved unanimously by a viva voce vote.
DRAFT
The Minutes of the Regular Meeting of the City Council – June 24, 2014 – Page 2 of 5
BILLS FOR PAYMENT
Mayor Golinski stated that the bills were $1,219,192.20.
REPORTS
MAYOR’S REPORT
Ordinance 2014-28 Declaring the United City of Yorkville’s Compliance
with Illinois Prevailing Wage Act
(ADM 2014-41)
Mayor Golinski entertained a motion to approve an ordinance declaring the United City of Yorkville's
compliance with Illinois Prevailing Wage Act and authorize the Mayor and City Clerk to execute. So
moved by Alderman Frieders; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes-8 Nays-0
Teeling-aye, Koch-aye, Kot-aye, Frieders-aye,
Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye
Ordinance 2014-29 Amending City Code Providing for Liquor Control (Class B Licenses)
(CC 2014-58)
Mayor Golinski entertained a motion to approve an ordinance amending City code providing for liquor
control (class B licenses) and authorize the Mayor and City Clerk to execute. So moved by Alderman
Spears; seconded by Alderman Milschewski.
Alderman Kot asked if Pride Pantry already had a liquor license. City Administrator Olson answered.
Alderman Colosimo doesn't believe this liquor store location is conducive to the environment around it.
Alderman Frieders asked if the applicant is another Pride Pantry. That had not been disclosed. Alderman
Colosimo stated the City is just approving a liquor license. Alderman Funkhouser asked if the City has to
expand liquor licenses before the City looks at the application. City Attorney Orr answered and stated the
City does start the background check process when an applicant turns in the appropriate fee and deposit.
Alderman Milschewski had it clarified that the City did receive the application.
Motion approved by a roll call vote. Ayes-5 Nays-3
Koch-aye, Kot-aye, Frieders-nay, Spears-aye, Colosimo-nay
Funkhouser-nay, Milschewski-aye, Teeling-aye
Parking Restrictions in Whispering Meadows – Alan Dale Lane
(CC 2014-59)
Mayor Golinski entertained a motion to authorize staff to send letters to surrounding property owners
notifying them of the proposal to restrict parking along the east side of Alan Dale Lane between Faxon
and McMurtrie at all times and notifying them that the item will be discussed at an upcoming meeting. So
moved by Alderman Colosimo; seconded by Alderman Funkhouser.
Mayor Golinski questioned needing a motion to send out letters. City Administrator Olson stated this is
part of the City's action plan process. Alderman Frieders and Alderman Funkhouser discussed this issue.
They would both prefer making this a permanent parking restriction.
Motion approved by a roll call vote. Ayes-8 Nays-0
Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye,
Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye
Parking Restrictions near Cannonball Ridge Park – Northland
Lane and Blackberry Shore Lane
(CC 2014-60)
Mayor Golinski entertained a motion to authorize staff to send letters to surrounding property owners
notifying them of the proposal to restrict parking along the north side of Northland Lane, and north side
of Western Avenue at all times and notifying them that the item will be discussed at tan upcoming
meeting. So moved by Alderman Funkhouser; seconded by Alderman Frieders.
Alderman Frieders said this is the back way for residents of Whispering Meadows to get to their houses
from Kendall Market Place. The area of concern is going a little bit north past Western on Northland.
That is a fuzzy area. Administrator Olson believes there are view code restrictions on parking near the
intersection. Alderman Funkhouser said part of the issue is that the residents are parking on the East side.
It is a T intersection. Alderman Funkhouser, Public Works Director Dhuse, and City Administrator Olson
discussed the restriction on Western Lane.
Motion approved by a roll call vote. Ayes-8 Nays-0
Frieders-aye Spears-aye, Colosimo-aye, Funkhouser-aye,
Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye
The Minutes of the Regular Meeting of the City Council – June 24, 2014 – Page 3 of 5
Recreational Lease between Commonwealth Edison and the United City of Yorkville
(PW 2014-22)
Mayor Golinski entertained a motion to approve a recreational lease by and between Commonwealth
Edison Company and the City of Yorkville and authorize the Mayor and City Clerk to execute. So moved
by Alderman Milschewski; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-8 Nays-0
Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye,
Teeling-aye, Koch-aye, Kot-aye, Frieders-aye
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
131 E. Hydraulic Avenue, Unit C – Short Term Lease Recommendation
(CC 2014-61)
Mayor Golinski said staff is seeking direction. City Administrator Olson gave a summary on this issue.
He discussed the lease options. Director of Parks and Recreation Evans went over the three different
options. City Administrator Olson asked if the City wants this done at staff level. Alderman Frieders is
fine with staff making the fit as long as it is food service. Alderman Funkhouser would like it done at staff
level. Alderman Colosimo agrees with Alderman Frieders. Alderman Kot is fine with staff handling it.
City Administrator Olson asked the Council how flexible they were on the rent. Alderman Spears
suggested no rent to be charged. Alderman Colosimo asked if property taxes would be covered by the
renter. City Administrator Olson answered that is the City's intent. Alderman Teeling asked why would
the renter be paying property taxes if it is a City building. City Administrator Olson answered. City
Attorney Orr said if the Council goes with the amendment and does not charge rent, then she would
suggest that the City attempt to contact the assessor's office. She explained the reason for this. Alderman
Kot doesn't like the free rent idea. He thinks the City should attract someone in for the long term. Mayor
Golinski stated if that is what needs to be done then maybe just say this year is a wash. Alderman Frieders
stated if there is a problem over the rent and getting someone in, then the option of an employee running
concessions would be rather simple. They could allow bathrooms to be open and serve drinks. Then it
would make more sense to go out to an RFP. Alderman Frieders can see the viability of both, so let staff
run it. He doesn't have a problem with rent. He doesn't think it should necessarily be free but if it is a
good fit then go with it. Alderman Colosimo agrees with Alderman Kot that the building should not be
rent free. Foxy's establishment has been there and made it through construction. This is a different set of
circumstances. Mayor Golinski said let's see who is a good fit and then discuss rent.
PLAN COMMISSION
No report.
ZONING BOARD OF APPEALS
No report.
CITY COUNCIL REPORT
Resolution Approving a First Lease Amendment for 131 E. Hydraulic Avenue, Units A & B
(CC 2014-62)
Mayor Golinski entertained a motion to approve a resolution approving a first lease amendment for 131
East Hydraulic unit A and B and authorize the Mayor and City Clerk to execute. So moved by Alderman
Colosimo; seconded by Alderman Teeling.
Alderman Spears doesn't believe it would be fair to have any kind of waver on rent. She wonders how the
public would view this. Alderman Colosimo understands the concerns about public perception. He wants
what is best for the City. He thought this was something of value to a City's business owner in our
downtown community. Foxy's has been providing service through a very difficult time. Alderman
Funkhouser said the City should do what it can to help sustain the businesses. He will support this.
Alderman Spears made a motion to table CC 2014-62 indefinitely; seconded by Alderman Frieders.
The Minutes of the Regular Meeting of the City Council – June 24, 2014 – Page 4 of 5
Motion failed by a roll call vote. Ayes-4 Nays-5
Colosimo-nay, Funkhouser-nay, Milschewski-aye, Teeling-nay,
Koch-aye, Kot-nay, Frieders-aye, Spears-aye, Golinski-nay
Alderman Colosimo said the City should look at every business on its own merit. It is not mandated that
if the City does something for one business then they have to do it for all businesses. Alderman Kot said
many of Yorkville's businesses have suffered from the Route 47 construction. He would love to help them
all. He has a problem just helping one business. He does not support waving the rent. Alderman Koch
looks at it like a renter. If he can't pay his rent then the landlord more than likely wouldn't allow him to
stay. Alderman Milschewski agrees with Alderman Kot and Alderman Koch. She does not support this.
Alderman Frieders stated the two biggest businesses that need the most help are Freemans and Foxy's. If
the City can't help them both then it seems like a slap in the face. This would be showing favoritism.
Alderman Teeling stated that much of Mrs. Sutcliff's own money has gone into Foxy's. Alderman
Funkhouser stated the river front is the jewel of Yorkville's downtown area. The City has properties at
each end of that park. If the City keeps those building filled then it helps bring people downtown. The
City has limited resources. This is an opportunity to try and spur the growth of businesses. The City is
going to get more back in return. He is in favor of keeping the City's businesses downtown even if the
City has to take a cut on its rent.
Alderman Kot called for a vote.
Motion failed by a roll call vote. Ayes-3 Nays-5
Koch-nay, Kot-nay, Frieders-nay, Spears-nay, Colosimo-aye
Funkhouser-aye, Milschewski-nay, Teeling-aye
CITY CLERK’S REPORT
No report.
COMMUNITY & LIAISON REPORT
Summer Solstice
Director of Parks and Recreation Evans gave an update on summer solstice.
Fourth Of July
Director of Parks and Recreation Evans discussed the fact that this will be the sixtieth anniversary of
Yorkville's fourth of July celebration.
STAFF REPORT
No report.
ADDITIONAL BUSINESS
Parking
Alderman Milschewski thanked Public Works Director Dhuse for the parking signs. She discussed some
of the parking issues and the signs that are posted.
Wren Road
Alderman Colosimo discussed Wren Road and the no trespassing signs.
EXECUTIVE SESSION
Mayor Golinski stated the Council will go into Executive Session for the purpose of
1. For employment.
2. Litigation.
Mayor Golinski stated once the Council comes out of executive session action will be taken on the Chief
of Police's employment agreement.
The City Council entered Executive Session at 8:07 p.m.
The City Council returned to regular session at 8:41 p.m.
MAYOR’S REPORT (cont’d):
Chief of Police Employment Agreement
(CC 2014-63)
Mayor Golinski entertained a motion to approve an employment agreement by and between the United
City of Yorkville and Richard T. Hart and authorize the Mayor and City Clerk to execute. So moved by
alderman Frieders; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-8 Nays-0
Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye,
Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye
The Minutes of the Regular Meeting of the City Council – June 24, 2014 – Page 5 of 5
CITIZEN COMMENTS
None.
ADDITIONAL BUSINESS
Heartland Meadows
Mayor Golinski received a letter from the fire chief and Plan Commission Chairman about Heartland
Meadows. The chairman was concerned about the lack of communication and felt the Council did not
have enough debate about the safety concerns. Mayor Golinski asked if anyone from the Council felt that
this issue was not adequately addressed. Alderman Funkhouser felt the discussion was good. Alderman
Colosimo feels confident in his vote.
River Events
Alderman Teeling would like to make sure vendors are not giving away free ice cream at river events.
The City has an ice cream shop at the river. This issue was discussed.
ADJOURNMENT
Mayor Golinski stated meeting adjourned.
Meeting adjourned at 8:48 p.m.
Minutes submitted by:
Beth Warren,
City Clerk, City of Yorkville, Illinois
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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Minutes #2
Tracking Number
CC 2014-68
Minutes of the City Council – July 8, 2014
City Council – July 22, 2014
Majority
Approval
Approval of Minutes
Beth Warren City Clerk
Name Department
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, JULY 8, 2014
Mayor Pro Tem Kot called the meeting to order at 7:00 p.m. and led the Council in the Pledge of
Allegiance.
ROLL CALL
City Clerk Warren called the roll.
Ward I Koch Absent
Colosimo Present
Ward II Milschewski Present
Kot Present
Ward III Frieders Present
Funkhouser Present
Ward IV Spears Present (called in)
Teeling Present
Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson, Police Chief Hart, Deputy
Chief of Police Klingel, Public Works Director Dhuse, EEI Engineer Morrison, Community Development
Director Barksdale-Noble
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
None.
PRESENTATIONS
None.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS ON AGENDA ITEMS
None.
CONSENT AGENDA
1. Monthly Treasurer’s Report for May 2014 (ADM 2014-39)
2. Ordinance 2014-30 Authorizing the Sixth Amendment to the 2013-2014 Fiscal Year Budget -
authorize Mayor and City Clerk to execute (ADM 2014-42)
3. Ordinance 2014-31 Codifying the Voluntary Payment Doctrine for Payments Made to the City –
authorize Mayor and City Clerk to execute (ADM 2014-43)
4. Resolution 2014-15 for Establishment of New IMET Account for Game Farm Road Bond
Proceeds - authorize Mayor and City Clerk to execute (ADM 2014-44)
Mayor Pro Tem Kot entertained a motion to approve the consent agenda as presented. So moved by
Alderman Milschewski; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-6 Nays-1
Colosimo-Nay, Milschewski-aye, Spears-aye,
Frieders-aye, Funkhouser-aye, Teeling-aye, Kot-aye
MINUTES FOR APPROVAL
None.
BILLS FOR PAYMENT
Bills were $980,302.50.
REPORTS
MAYOR’S REPORT
Resolution 2014-16 Approving a Supplemental Financial Services
Agreement with Speer Financial
(CC 2014-64)
DRAFT
The Minutes of the Regular Meeting of the City Council – July 8, 2014 – Page 2 of 3
Mayor Pro Tem Kot entertained a motion to approve a resolution approving a supplemental financial
services agreement with Speer Financial, Inc. and authorize the Mayor and City Clerk to execute. So
moved by Alderman Milschewski; seconded by Alderman Colosimo.
Motion approved by a roll call vote. Ayes-7 Nays-0
Funkhouser-aye, Milschewski-aye, Teeling-aye,
Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye
Ordinance Authorizing the Issuance of General Obligation Bonds (Alternate Revenue
Source), of the United City of Yorkville, Kendall County, Illinois in One or More Series in
an Aggregate Principal Amount of $8,765,000
(CC 2014-65)
City Administrator Olson gave an update on this matter. He is seeking Council's direction and asked
whether the Council wanted to leave it as is or reduce it. The staff recommendation was to reduce it. He
said Yorkville does have the financial wherewithal to with stand potential overages on the project.
Alderman Funkhouser wants to keep it at the original rate. Alderman Frieders thinks the City should go
with what was recommended and lower the proceeds. Alderman Colosimo understands Alderman
Funkhouser's viewpoint but would prefer to lower it. Alderman Teeling asked if there is some money
built in for the change orders that the City incurs. City Administrator Olson said yes. Alderman Colosimo
asked if the City recommends reducing it to five or ten percent. The answer was 10%. Alderman Frieders
asked about the river road bridge. City Administrator Olson answered his question. Alderman Funkhouser
asked for a clarification of why there was such a reduction on the estimate. His question was answered.
Alderman Kot stated he tends to be conservation in these matters and will go with staff's
recommendation. Alderman Kot asked City Administrator Olson if he had the direction he needed. City
Administrator Olson ended up having six alderman that were for lowering this. Alderman Teeling and
City Administrator Olson discussed the reason the City delayed the project. City Attorney Orr wanted the
record to be clarified so she requested that Mayor Pro Tem Kot ask for a motion of what was on the
agenda.
Mayor Pro Tem Kot entertained a motion authorizing the issuance of general obligation bonds (alternate
revenue source) of the United City of Yorkville, Kendall County, Illinois in One or More Series in an
Aggregate Principal Amount of $8,765,000. There was no so moved or second. City Attorney Orr stated
let the minutes reflect that a motion was made.
Resolution 2014-17 Approving a Settlement and Release Agreement with American
Southern Insurance Company
(CC 2014-66)
Mayor Pro Tem Kot entertained a motion to approve a resolution approving a settlement and release
agreement by and between the United City of Yorkville and American Southern Insurance Company and
authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman
Teeling.
Motion approved by a roll call vote. Ayes-7 Nays-0
Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye
Funkhouser-aye, Milschewski-aye, Teeling-aye
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Retail Market Study RFP – Contract Award
(EDC 2014-22)
Alderman Teeling entertained a motion to award the retail market study to the Retail Coach, LLC in an
amount not to exceed $32,500.00 and authorize the City Administrator to execute. So moved by
Alderman Frieders; seconded by Alderman Milschewski.
Alderman Funkhouser stated now it is set up as a $20,000 contract with $12,500 for the follow up year.
He would like the first part of the contract structured in some way so that the City would not be
contractually obligated to the additional $12,500 if it the results are not acceptable. The intent is to get the
study. If everything goes well then the City will move forward with securing tenants for those spaces.
Community Development Director Barksdale-Noble wanted to clarify that it is a $22,500 contract then a
$10,500 follow up. Alderman Colosimo disagrees with Alderman Funkhouser. The City needs help for
the South side. This is a nice package. He has faith in the staff and their selection. People know how
government works, if the City doesn't have this lined up and ready to go, studied , and immediately ready
for recruitment, then there are going to be delays. The City will have to go out again and look for
somebody else. The City paid this money, so as soon as this study is done he wants these people hitting
the road and getting the City businesses on the south side of town. Alderman Frieders agreed completely
The Minutes of the Regular Meeting of the City Council – July 8, 2014 – Page 3 of 3
with Alderman Colosimo. Alderman Kot and Community Development Director Barksdale-Noble
discussed the $10,000 for recruitment and how it will mesh with the YEDC. City Administrator Olson
stated additionally, YEDC will really serve as a developer liaison to the City when the City actually gets a
business in here. It helps to have somebody with Yorkville's specific knowledge in the developers corner
in order to advocate. Alderman Funkhouser thinks the Council is stepping out on a limb by not knowing
what will come about with the study. He likes the study and believes it will do well. He is apprehensive
about the money for the additional year.
Motion approved by a roll call vote. Ayes-6 Nays-1
Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye,
Funkhouser-nay, Milschewski-aye, Teeling-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
Ribs On The River
Alderman Funkhouser reported that this coming Saturday is Ribs On The River.
STAFF REPORT
No report.
ADDITIONAL BUSINESS
None.
EXECUTIVE SESSION
None.
CITIZEN COMMENTS
Alex O'Conner, state senator Sue Rezin's office, came to see if there were any problems or issues that the
Council needs help with. If so, he can bring that to Sue Rezin's attention.
ADJOURNMENT
Mayor Pro Tem Kot stated meeting adjourned.
Meeting adjourned at 7:20 p.m.
Minutes submitted by:
Beth Warren
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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Bills for Payment
Tracking Number
Bills for Payment (Informational): $1,120,456.71
City Council – July 22, 2014
None – Informational
Amy Simmons Finance
Name Department
01
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2
Page 2 of 29
01
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1
1
0
AD
M
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T
R
A
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12
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Page 3 of 29
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Page 4 of 29
01
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M
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Page 5 of 29
01
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Page 6 of 29
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Page 7 of 29
01
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AD
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Page 8 of 29
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Page 10 of 29
01
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Page 11 of 29
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Page 12 of 29
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Page 15 of 29
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Page 16 of 29
01
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Page 17 of 29
01
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Page 18 of 29
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Page 21 of 29
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Page 22 of 29
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Page 28 of 29
ACCOUNTS PAYABLE DATE
Manual City Check Register 07/03/2014 $19,702.12
City Check Register 07/22/2014 $686,137.71
Manual Check Register- City MasterCard 07/25/2014 $131,413.18
SUB-TOTAL: $837,253.01
OTHER PAYABLES
UNITED CITY OF YORKVILLE
BILL LIST SUMMARY
Tuesday, July 22, 2014
Manual Check #517959 - Lansdown Build Check 07/08/2014 $10,000.00
SUB-TOTAL: $10,000.00
DEBT SERVICE PAYMENTS
US Bank - IRBB 2003B Bond - Interest PMT 07/25/2014 $28,823.75
TOTAL PAYMENTS:$28,823.75
Bi - Weekly 07/18/2014 $244,379.95
SUB-TOTAL: $244,379.95
TOTAL DISBURSEMENTS:$1,120,456.71
PAYROLL
Pa
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29
of
29
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Mayor #1
Tracking Number
CC 2014-65
Ordinance Authorizing the Issuance of General Obligation Bonds (Alternate Revenue Source) in
an Aggregate Principal Amount Not to Exceed $8,235,000
City Council – July 22, 2014
Majority
Approval
See attached memo.
Bart Olson Administration
Name Department
LAW OFFICE
KATHLEEN FIELD ORR & ASSOCIATES
53 West Jackson Blvd.
Suite 964
Chicago, Illinois 60604
(312)382-2113
(312)382-2127 facsimile
KATHLEEN FIELD ORR
kfo@kfoassoc.com
M E M O R A N D U M
To: Mayor and City Council of the United City of Yorkville
From: Kathleen Field Orr, City Attorney
Date: July 17, 2014
Subject: An Ordinance Authorizing the Issuance of $8,235,000 General Obligation Bonds
______________________________________________________________________________
On May 27, 2014, An Ordinance Authorizing the Issuance of General Obligation Bonds
(Alternate Revenue Source) in an amount not to exceed $8,765,000 was passed. The Purpose of
the issuance of these Bonds was to refund prior bonds issued by the City (2005A Bonds and
2005C Bonds) and to pay for the construction of certain road improvements. This Ordinance
mandated publication of its contents for the purpose of notifying voters of their right to petition
the City to submit the question of the issuance of these Bonds to a referendum within thirty (30)
days of the publication. No such petition was ever filed with the City Clerk.
On June 24, 2014, a public hearing was held before the City Council on the issuance of
the Bonds and no objections were heard.
On July 1, 2014, the Official Statement was to be posted requesting bids on or before July
8, 2014. In the interim the City was advised that the cost estimated for the road repairs was
reduced. After presentation to the City Council, it was determined that the total issue should be
reduced from $8,765,000 to $8,235,000 and the Bond Ordinance has been revised to reflect this
direction.
Given the foregoing, on July 15, 2014, the Official Statement was posted requesting bids
on or before July 22, 2014. The results of all bids received shall be presented to you at the City
Council meeting of July 22, 2014. In your packet is the Bond Ordinance which authorizes the
issuance of the Bonds but contains several blanks which will be completed upon review and
calculation of the bids by the City’s Financial Advisor, Speer Financial.
In order to accept the lowest bid on the Bonds and close on or before August 5, 2014,
passage of the Ordinance is requested on July 22, 2014.
MINUTES of a regular public meeting of the City Council of the
United City of Yorkville, Kendall County, Illinois, held at the 800
Game Farm Road, Yorkville, Illinois, at 7:00 P.M., on the 22nd
day of July, 2014.
The Mayor called the meeting to order and led the pledge of allegiance to the flag. The
Mayor then directed the Clerk to call the roll.
Upon the roll being called by the Clerk, the following Aldermen answered present:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
The following Aldermen were absent:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
* * *
After a discussion of the proposed road and street improvement project and the
opportunity to refund a portion of the City’s outstanding debt, Mayor Golinski entertained a
motion to approve the adoption of an ordinance authorizing the issuance of general obligation
alternate revenue source bonds for the purposes of (i) financing certain road and street
improvements throughout the City, (ii) refunding the City’s General Obligation Bonds (Alternate
Revenue Source), Series 2005A, (iii) refunding the City’s General Obligation Bonds (Alternate
Revenue Source), Series 2005C, (iv) paying the costs of capitalized interest on the bonds, if
necessary, and (v) paying for the costs of expenses incident to the issuance of the bonds.
So moved by Alderman _________________; seconded by Alderman ____________;
motion approved by a roll call vote: Ayes___ Nays ___ approving the Ordinance the complete
text of which is set out as follows:
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2014-__
______________________________________________
AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS (ALTERNATE REVENUE SOURCE) OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, IN
ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT OF
$8,235,000.
_____________________________________________
ADOPTED BY THE MAYOR AND
CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
THIS 22ND DAY OF JULY, 2014
_____________________________________________
Published in pamphlet form
by authority of the
City Council of the
United City of Yorkville,
Kendall County, Illinois, this
22nd day of July, 2014
ORDINANCE NO: 2014-__
AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS (ALTERNATE REVENUE SOURCE) OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, IN ONE
OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT OF
$8,235,000.
WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a municipal
corporation and body politic of the State of Illinois (the “City”); and
WHEREAS, the City has outstanding its General Obligation Bonds (Alternate Revenue
Source), Series 2005A (the “2005A Bonds”) which were issued to finance certain road and street
improvements within the City; and
WHEREAS, the City has outstanding its General Obligation Bonds (Alternate Revenue
Source), Series 2005C (the “2005C Bonds”) which were issued to finance improvements its
waterworks and sewerage system; and
WHEREAS, the City Council of the City (the “Council”) has determined that it is advisable,
necessary and in the best interests of the City (i) to construct various road and street
improvements within the City (the “Project”) (ii) to refund all or a portion of the 2005A Bonds and
the 2005C Bonds (collectively, the “Refunding”); (iii) to pay capitalized interest on the Bonds, if
necessary, and (iv) to pay costs of issuance and expenses incident thereto, all for the benefit of
the inhabitants of the City; and
WHEREAS, the estimated cost of the Project (collectively, the “Project Costs”) is expected
not to exceed $4,340,000, and there are insufficient funds on hand and lawfully available to pay
such costs; and
WHEREAS, the estimated cost of the Refunding (collectively, the “Refunding Costs”) is
expected not to exceed $3,895,000, and there are insufficient funds on hand and lawfully
available to pay such costs; and
- 2 -
WHEREAS, for the purpose of providing funds to pay the Project Costs and the Refunding
Costs and in accordance with the provisions of the Local Government Debt Reform Act, as
supplemented and amended (the “Act”), the City on May 27, 2014, adopted an ordinance (the
“Authorizing Ordinance”) authorizing the issuance of alternate bonds, being general obligation
bonds payable from any revenue source as provided by the Act, in an amount not to exceed
$8,235,000; and
WHEREAS, on June 5, 2014, the Authorizing Ordinance, together with a notice in the
statutory form, was published in the Kendall County Record, being a newspaper of general
circulation in the City, and an affidavit evidencing the publication of the Authorizing Ordinance
and said notice have been presented to the City and made a part of the permanent records of the
City; and
WHEREAS, more than thirty (30) days have expired since the date of publication of the
Authorizing Ordinance and said notice, and no petition with the requisite number of valid
signatures thereon has been filed with the City Clerk requesting that the question of the issuance
of the alternate bonds be submitted to referendum; and
WHEREAS, on June 24, 2014, the City held a public hearing pursuant to the Bond
Issuance Notification Act following notice published in the Kendall County Record on the May
29, 2014; and
WHEREAS, the City is now authorized to issue alternate bonds in several series in an
aggregate amount not to exceed $8,235,000 in accordance with the provisions of the Act, and the
City hereby determines that it is necessary and desirable that the alternate bonds so authorized be
issued at this time to pay the Project Costs and the Refunding Costs; and
- 3 -
WHEREAS, the revenue sources that will be pledged to the payment of the principal and
interest on the alternate bonds associated with the Project Costs will be revenues received by the
City from its distributions of sales tax revenues, and such other funds of the City as may be
lawfully available and annually appropriated for such payment (the “2014A Pledged Revenues”);
and
WHEREAS, the revenue sources that will be pledged to the payment of the principal and
interest on the alternate bonds associated with the portion of the Refunding Costs attributable to
the refunding of the 2005A Bonds will be revenues received by the City from its distributions of
public utility tax revenues and such other funds of the City as may be lawfully available and
annually appropriated for such payment (the “2014B Pledged Revenues”); and
WHEREAS, the revenue sources that will be pledged to the payment of the principal and
interest on the alternate bonds associated with the portion of the Refunding Costs attributable to
the refunding of the 2005C Bonds will be (i) revenues of the City in the Surplus Account of the
Waterworks and Sewerage Fund consisting of funds remaining in the Waterworks and Sewerage
Fund after the required monthly deposits and credits have been made to the Operation and
Maintenance Account, the Depreciation Account and any other accounts that may be created in
the future, (ii) revenues received by the City from its distributions of income tax revenues, and
(iii) such other funds of the City as may be lawfully available and annually appropriated for such
payment (the “2014C Pledged Revenues”, and together with the 2014A Pledged Revenues and the
2014B Pledged Revenues, the “Pledged Revenues”); and
WHEREAS, if the above-mentioned Pledged Revenues are insufficient to pay the principal
of and interest on each respective series of alternate bonds, ad valorem property taxes upon all
- 4 -
taxable property in the City without limitation as to rate or amount are authorized to be extended
to pay the principal of and interest on said alternate bonds; and
WHEREAS, the City hereby determines that the Pledged Revenues will provide in each
year at least 1.25 times debt service of each respective series of alternate bonds proposed to be
issued; and
WHEREAS, such determination is supported by a report for each series of alternate bonds
prepared for the City by Speer Financial (collectively, the “Reports”), which Reports have been
presented to the City, and are now on file with the City Clerk.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. Issuance of Bonds.
(a) The City hereby finds that all of the recitals contained in the preambles to this
ordinance are full, true and correct and do incorporate them into this ordinance by this reference.
(b) It is hereby found and determined that the City has been authorized by the
provisions of the Act to issue alternate bonds of said City in several series in an aggregate
amount of $8,235,000 for the purpose of paying the Project Costs and the Refunding Costs to
serve the inhabitants of the City and such borrowing of money is necessary for the welfare of the
government and affairs of the City, is a proper public purpose and is in the public interest.
(c) There shall be borrowed on the credit of and for and on behalf of the City, the
amount of $________ for the Project, and the City shall issue in the name of the City its “General
Obligation (Alternate Revenue Source) Bonds, Series 2014A” in the principal amount of
$________ (the “2014A Bonds”) pursuant to the Act for the purpose of the payment of the Project
Costs.
- 5 -
The 2014A Bonds shall be issued in the denomination of Five Thousand Dollars ($5,000)
each or integral multiples thereof, numbered consecutively from 1 upward, and dated the date of
delivery. The 2014A Bonds shall bear interest from the most recent date to which interest has
been paid or duly provided for, until the principal amount of the 2014A Bonds is paid, such
interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on
June 1 and December 1 of each year, beginning June 1, 2015. The 2014A Bonds shall become
due and payable (subject to redemption as set forth herein) on December 1 of each year and shall
bear interest at rates per annum as follows:
DATE
MATURITY
AMOUNT
INTEREST
RATE
DATE
MATURITY
AMOUNT
INTEREST
RATE
2015 2025
2016 2026
2017 2027
2018 2028
2019 2029
2020 2030
2021 2031
2022 2032
2023 2033
2024
(d) There shall be borrowed on the credit of and for and on behalf of the City, the
amount of $_________ to pay for a portion the Refunding, and the City shall issue in the name
of the City its “General Obligation (Alternate Revenue Source) Refunding Bonds, Series 2014B” in
the principal amount of $_________ (the “2014B Bonds”) pursuant to the Act for the purpose of
the payment of a portion of the Refunding Costs attributable to the refunding of the 2005A
Bonds.
- 6 -
The 2014B Bonds shall be issued in the denomination of Five Thousand Dollars ($5,000)
each or integral multiples thereof, numbered consecutively from 1 upward, and dated the date of
delivery. The 2014B Bonds shall bear interest from the most recent date to which interest has
been paid or duly provided for, until the principal amount of the 2014B Bonds is paid, such
interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on
June 30 and December 30 of each year beginning December 30, 2014. The 2014B Bonds shall
become due and payable (subject to redemption as set forth herein) on December 30 of each year
and shall bear interest at rates per annum as follows:
DATE
MATURITY
AMOUNT
INTEREST
RATE
2015
2016
2017
2018
2019
2020
2021
2022
(e) There shall be borrowed on the credit of and for and on behalf of the City, the
amount of $_________ to pay for a portion of the Refunding, and the City shall issue in the
name of the City its “General Obligation (Alternate Revenue Source) Refunding Bonds, Series
2014C” in the principal amount of $___________ (the “2014C Bonds”, and together with the
2014A Bonds and the 2014B Bonds, the “Bonds”) pursuant to the Act for the purpose of the
payment of a portion of the Refunding Costs attributable to the refunding of the 2005C Bonds.
The 2014C Bonds shall be issued in the denomination of Five Thousand Dollars ($5,000)
each or integral multiples thereof, numbered consecutively from 1 upward, and dated the date of
- 7 -
delivery. The 2014C Bonds shall bear interest from the most recent date to which interest has
been paid or duly provided for, until the principal amount of the 2014C Bonds is paid, such
interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on
June 30 and December 30 of each year beginning December 30, 2014. The 2014C Bonds shall
become due and payable (subject to redemption as set forth herein) on December 30 of each year
and shall bear interest at rates per annum as follows:
DATE
MATURITY
AMOUNT
INTEREST
RATE
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
Section 2. Registrar and Paying Agent. The Amalgamated Bank of Chicago is
hereby appointed to serve as Registrar and Paying Agent for the Bonds (the “Registrar” or “Paying
Agent”). The Registrar is hereby charged with the responsibility of authenticating the Bonds.
The principal of the Bonds shall be payable at the designated office of the Paying Agent. All
payments of interest on the Bonds shall be paid by check, mailed one business day prior to the
interest payment date to the registered owners thereof as the names appear as of the fifteenth day
preceding the interest payment date and at the addresses as they appear on the registration books
kept by the Registrar or at such other address as is provided to the Paying Agent in writing by
such registered owner. If payment of principal or interest is made to a depository, payment shall
- 8 -
be made by wire transfer on the payment date in same-day funds. If the payment date occurs on
a date when financial institutions are not open for business, the wire transfer shall be made on the
next succeeding business day. The Paying Agent shall be instructed to wire transfer payments by
1:00 p.m. (New York City time) so such payments are received at the depository by 2:30 p.m.
(New York City time). All payments on the Bonds shall be made in any coin or currency of the
United States of America, which on the date of such payment, shall be legal tender for the
payment of public and private debts.
Each Bond shall be transferable or exchangeable only upon the books of the City kept for
that purpose at the designated office of the Registrar by the registered owner in person, or by its
attorney duly authorized in writing, upon surrender of such Bond together with a written
instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered
owner, or its attorney duly authorized in writing, and thereupon a new fully registered Bond or
Bonds in an authorized aggregate principal amount and of the same maturity, shall be executed
and delivered in the name of the transferee or transferees or the registered owner, as the case may
be, in exchange therefor. The Registrar shall not be required to transfer or exchange any Bond
during the period beginning at the close of business on the fifteenth (15th) day preceding an
interest payment date on such Bond occurs and ending on such interest payment date. The costs
of such transfer or exchange shall be borne by the City except for any tax or governmental
charge required to be paid with respect to the transfer or exchange, which taxes or governmental
charges are payable by the person requesting such transfer or exchange. The City, Registrar and
Paying Agent for the Bonds may treat and consider the person in whose name such Bonds are
registered as the absolute owner thereof for all purposes including for the purpose of receiving
payment of, or on account of, the principal thereof and interest due thereon.
- 9 -
The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent
upon giving 30 days' notice in writing to the City and by first class mail to each registered owner
of the Bonds then outstanding, and such resignation will take effect at the end of such 30 day
period or upon the earlier appointment of a successor registrar and paying agent by the City.
Any such notice to the City may be served personally or sent by registered mail. The Registrar
and Paying Agent may be removed at any time as Registrar and Paying Agent by the City, in
which event the City may appoint a successor registrar and paying agent. The City shall notify
each registered owner of the Bonds then outstanding by first class mail of the removal of the
Registrar and Paying Agent. Notices to the registered owners of the Bonds shall be deemed to be
given when mailed by first class mail to the addresses of such registered owners as they appear
on the registration books kept by the Registrar.
Upon the appointment of any successor registrar and paying agent by the City, the Mayor
and City Clerk are authorized and directed to enter into such agreements and understandings with
such successor registrar and paying agent as will enable the institution to perform the services
required of a registrar and paying agent for the Bonds. The Mayor and City Clerk are further
authorized to pay such fees as the successor registrar and paying agent may charge for the
services it provides as registrar and paying agent and such fees may be paid from the fund
established to pay the principal of interest on the Bonds as fiscal agency charges.
Any predecessor registrar and paying agent shall deliver all of the Bonds and any cash or
investments in its possession with respect thereto, together with the registration books, to the
successor registrar and paying agent.
Interest on the Bonds shall be payable from the interest payment date to which interest
has been paid next preceding the authentication date of the Bonds unless the Bonds are
- 10 -
authenticated after the fifteenth day preceding an interest payment date and on or before such
interest payment date in which case they shall bear interest from such interest payment date.
Section 3. Redemption. (a) The 2014A Bonds maturing on or after December 1,
2025, are callable at the option of the City on any date on or after December 1, 2024, at a price of
par plus accrued interest.
The 2014B Bonds are not subject to optional redemption prior to maturity.
The 2014C Bonds are not subject to optional redemption prior to maturity.
(b) The 2014A Bonds maturing on December 1 in the years ______ are subject to
mandatory sinking fund redemption at the price of par plus accrued interest to the date of
redemption on the dates and in the amounts as follows:
Term 2014A Bonds due
December 1, 20__
* Final Maturity
The 2014B Bonds maturing on December 30 in the years ______ are subject to
mandatory sinking fund redemption at the price of par plus accrued interest to the date of
redemption on the dates and in the amounts as follows:
Term 2014B Bonds due
December 30, 20__
* Final Maturity
The 2014C Bonds maturing on December 30 in the years ______ are subject to
mandatory sinking fund redemption at the price of par plus accrued interest to the date of
redemption on the dates and in the amounts as follows:
Term 2014C Bonds due
- 11 -
December 30, 20__
* Final Maturity
(c) Unless waived by any holder of Bonds to be redeemed, notice of the call for any such
redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption
notice by first class mail at least thirty (30) days and not more than sixty (60) days prior to the
date fixed for redemption to the registered owner of the Bond or Bonds to be redeemed at the
address shown on the Bond Register or at such other address as is furnished in writing by such
registered owner to the Bond Registrar.
All notices of redemption shall state:
(1) the redemption date,
(2) the redemption price,
(3) if less than all outstanding Bonds are to be redeemed, the identification
(and, in the case of partial redemption, the respective principal amounts) of the
Bonds to be redeemed,
(4) that on the redemption date the redemption price will become due and
payable upon each such Bond or portion thereof called for redemption, and that
interest thereon shall cease to accrue from and after said date,
(5) the place where such Bonds are to be surrendered for payment of the
redemption price, which place of payment shall be a corporate trust office of the
Bond Registrar, and
(6) such other information then required by custom, practice or industry
standard.
- 12 -
Prior to any redemption date, the City shall deposit with the Bond Registrar an amount of
money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to
be redeemed on that date.
Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall
have been received by the Bond Registrar prior to the giving of such notice of redemption, such
notice may, at the option of the City, state that said redemption shall be conditioned upon the
receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If
such moneys are not received, such notice shall be of no force and effect, the City shall not
redeem such Bonds, and the Bond Registrar shall give notice, in the same manner in which the
notice of redemption was given, that such moneys were not so received and that such Bonds will
not be redeemed.
Notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so
to be redeemed shall, on the redemption date, become due and payable at the redemption price
therein specified, and from and after such date (unless the City shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender
of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the
Bond Registrar at the redemption price. Installments of interest due on or prior to the
redemption date shall be payable as herein provided for payment of interest. Upon surrender for
any partial redemption of any Bond, there shall be prepared for the registered holder a new Bond
or Bonds of the same maturity in the amount of the unpaid principal.
If any Bond or portion of Bond called for redemption shall not be so paid upon surrender
thereof for redemption, the principal shall, until paid, bear interest from the redemption date at
- 13 -
the rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have
been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued.
Section 4. Execution and Negotiability. Each of the Bonds shall be executed in the
name of the City by the manual or facsimile signatures of the Mayor and the City Clerk, and the
seal of the City shall be affixed, imprinted, engraved or otherwise reproduced thereon and
countersigned by the manual or facsimile signature of the City Treasurer; and these officials, by
the execution of a Signature and No Litigation Certificate, shall adopt as and for their own
proper signatures the facsimile signatures appearing on the Bonds. In case any officer whose
signature or facsimile signature appears on the Bonds shall cease to be such officer before the
delivery of the Bonds, the signature of such officer shall nevertheless be valid and sufficient for
all purposes the same as if such officer had remained in office until such delivery.
The Bonds shall have all of the qualities and incidents of negotiable instruments under
the laws of the State of Illinois, subject to the provisions for registration herein.
The Bonds shall also be authenticated by the manual signature of the Registrar and no
Bond shall be valid or become obligatory for any purpose until the certificate of authentication
thereon has been so executed.
Section 5. Form of Bonds.
The form and tenor of the Bonds shall be substantially as follows, all blanks to be filled
in properly prior to delivery:
FORM OF SERIES 2014A BOND
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UNITED STATES OF AMERICA
STATE OF ILLINOIS
COUNTY OF KENDALL
UNITED CITY OF YORKVILLE
GENERAL OBLIGATION (ALTERNATE REVENUE SOURCE) BOND, SERIES 2014A
Interest Rate Maturity Date Original Date Authentication Date CUSIP
REGISTERED OWNER:
PRINCIPAL SUM:
The United City of Yorkville, in Kendall County, Illinois (the “City”), for value received,
hereby promises to pay to the Registered Owner named above or registered assigns, the Principal
Sum set forth above on the Maturity Date set forth above, and to pay interest hereon (computed
on the basis of a 360-day year of twelve 30-day months) at the Interest Rate per annum stated
above from the interest payment date to which interest has been paid next preceding the
Authentication Date of this bond unless this bond is authenticated after the fifteenth day
preceding an interest payment date and on or before such interest payment date in which case it
shall bear interest from such interest payment date or unless this bond is authenticated on or
before May 15, 2015, in which case it shall bear interest from the Original Date, until the
principal is paid, which interest is payable semiannually on June 1 and December 1 in each year,
beginning on June 1, 2015.
The principal of this Bond is payable at the designated corporate trust office of The
Amalgamated Bank of Chicago (the “Registrar” or “Paying Agent”). All payments of interest on this
bond shall be paid by check, mailed one business day prior to the interest payment date to the
registered owner hereof as of the fifteenth day preceding such interest payment date at the
address as it appears on the registration books kept by the Registrar or at such other address as is
provided to the Paying Agent in writing by the registered owner. If payment of principal or
interest is made to a depository, payment shall be made by wire transfer on the payment date in
same-day funds. If the payment date occurs on a date when financial institutions are not open for
business, the wire transfer shall be made on the next succeeding business day. The Paying Agent
shall wire transfer payments by 1:00 p.m. (New York City time) so such payments are received
at the depository by 2:30 p.m. (New York City time). All payments on the bond shall be made in
any coin or currency of the United States of America, which on the dates of such payment, shall
be legal tender for the payment of public and private debts.
This Bond is a general obligation of the City payable as to principal and interest from
revenues received by the City from its distributions of sales tax revenues, and such other funds of
the City as may be lawfully available and annually appropriated for such payment, and to the
extent the previous sources are insufficient, ad valorem taxes levied against all taxable property
in the City, without limitation as to rate or amount, all in accordance with the provisions of the
Local Government Debt Reform Act, as supplemented and amended (the “Act”). The full faith,
credit and resources of the City are pledged to the punctual payment of the principal of and
- 15 -
interest on the Bonds. This Bond is negotiable, subject to registration provisions, pursuant to the
laws of the State of Illinois. The Bonds are payable from the Pledged Revenues (as defined in
the Ordinance) on a parity with the outstanding General Obligation Bonds (Alternate Revenue
Source), Series 2005 and General Obligation (Alternate Revenue Source) Refunding Bonds,
Series 2014
This Bond is one of an authorized issue of bonds of the City of like date, tenor and effect,
except as to source of security, rates of interest and dates of maturity; aggregating $________;
numbered consecutively from R-1 up; issued (i) to construct various road and street
improvements within the City (the “Project”), and (ii) to pay costs of issuance and expenses
incident thereto, all for the benefit of the inhabitants of the City (the “Project”); as approved by the
Mayor and City Council of the City (the “City”). This Bond is issued pursuant to a Bond
Ordinance adopted by the City on July 8, 2014 (the “Ordinance”), and in accordance with the Act,
the proceeds of which bonds are to be applied solely to pay the cost of the Project and the
payment of costs of issuance.
The Bonds maturing on or after December 1, 2025, are subject to optional redemption on
any date on or after December 1, 2024, at 100% of the principal amount thereof plus accrued
interest to the date of redemption. [The Bonds due ________________ are subject to mandatory
sinking fund redemption at 100% of the principal amount thereof plus accrued interest to the
redemption date in accordance with the schedule set forth in the Ordinance.]
This Bond is transferable or exchangeable only upon the books of the City kept for that
purpose at the designated office of the Registrar by the registered owner hereof in person, or by
its attorney duly authorized in writing, upon surrender of this bond together with a written
instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered
owner, or its attorney duly authorized in writing, and thereupon a new fully registered bond or
bonds in an authorized aggregate principal amount and of the same maturity, shall be executed
and delivered in the name of the transferee or transferees or to the registered owner, as the case
may be, in exchange therefor. The Registrar shall not be required to transfer or exchange this
bond during the period beginning at the close of business on the fifteenth (15th) day of the month
preceding the interest payment date on this bond occurs and ending on such interest payment
date. The City, the Registrar, the Paying Agent and any other registrar or paying agent for this
bond may treat and consider the person in whose name this bond is registered as the absolute
owner hereof for all purposes including for the purpose of receiving payment of, or on account
of, the principal hereof and interest due hereon.
This Bond is subject to defeasance prior to payment as provided in the Ordinance referred
to herein. THE OWNER OF THIS BOND, BY THE ACCEPTANCE HEREOF, HEREBY
AGREES TO ALL THE TERMS AND PROVISIONS CONTAINED IN THE ORDINANCE.
The Bonds maturing in any one year are issuable only in fully registered form in the
denomination of $5,000 or any integral multiple thereof.
It is hereby certified and recited that all acts, conditions and things required to be done
precedent to and in the execution, issuance and delivery of this bond have been done and
performed in regular and due form as provided by law; that the indebtedness of the City,
- 16 -
including the issue of the Bond of which this is one, does not exceed any limitation imposed by
law; and that provision has been made for the collection of a direct annual tax sufficient to pay
the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity.
This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been executed by an authorized representative of the Registrar.
IN WITNESS WHEREOF, the United City of Yorkville, Kendall County, Illinois, has
caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City
Clerk, the seal of said City (or a facsimile thereof) to be affixed, imprinted, engraved or
otherwise reproduced hereon and countersigned by the duly authorized manual or facsimile
signature of the City Treasurer, all as of the Original Date identified above.
UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
By_____________________________________
Mayor
By_____________________________________
City Clerk
[SEAL]
Countersigned:
By _________________________________
City Treasurer
REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned Ordinance.
THE AMALGAMATED BANK OF CHICAGO,
as Registrar
By _____________________________________
Authorized Officer
FORM OF SERIES 2014B BOND
- 17 -
UNITED STATES OF AMERICA
STATE OF ILLINOIS
COUNTY OF KENDALL
UNITED CITY OF YORKVILLE
GENERAL OBLIGATION (ALTERNATE REVENUE SOURCE)
REFUNDING BOND, SERIES 2014B
Interest Rate Maturity Date Original Date Authentication Date CUSIP
REGISTERED OWNER:
PRINCIPAL SUM:
The United City of Yorkville, in Kendall County, Illinois (the “City”), for value received,
hereby promises to pay to the Registered Owner named above or registered assigns, the Principal
Sum set forth above on the Maturity Date set forth above, and to pay interest hereon (computed
on the basis of a 360-day year of twelve 30-day months) at the Interest Rate per annum stated
above from the interest payment date to which interest has been paid next preceding the
Authentication Date of this bond unless this bond is authenticated after the fifteenth day
preceding an interest payment date and on or before such interest payment date in which case it
shall bear interest from such interest payment date or unless this bond is authenticated on or
before December 15, 2014, in which case it shall bear interest from the Original Date, until the
principal is paid, which interest is payable semiannually on June 30 and December 30 in each
year, beginning on December 30, 2014.
The principal of this Bond is payable at the designated corporate trust office of The
Amalgamated Bank of Chicago (the “Registrar” or “Paying Agent”). All payments of interest on this
bond shall be paid by check, mailed one business day prior to the interest payment date to the
registered owner hereof as of the fifteenth day preceding such interest payment date at the
address as it appears on the registration books kept by the Registrar or at such other address as is
provided to the Paying Agent in writing by the registered owner. If payment of principal or
interest is made to a depository, payment shall be made by wire transfer on the payment date in
same-day funds. If the payment date occurs on a date when financial institutions are not open for
business, the wire transfer shall be made on the next succeeding business day. The Paying Agent
shall wire transfer payments by 1:00 p.m. (New York City time) so such payments are received
at the depository by 2:30 p.m. (New York City time). All payments on the bond shall be made in
any coin or currency of the United States of America, which on the dates of such payment, shall
be legal tender for the payment of public and private debts.
This Bond is a general obligation of the City payable as to principal and interest from
revenues received by the City from its distributions of public utility tax revenues and such other
funds of the City as may be lawfully available and annually appropriated for such payment and
to the extent the previous sources are insufficient, ad valorem taxes levied against all taxable
property in the City, without limitation as to rate or amount, all in accordance with the provisions
of the Local Government Debt Reform Act, as supplemented and amended (the “Act”). The full
- 18 -
faith, credit and resources of the City are pledged to the punctual payment of the principal of and
interest on the Bonds. This Bond is negotiable, subject to registration provisions, pursuant to the
laws of the State of Illinois. The Bonds are payable from the Pledged Revenues (as defined in
the Ordinance) on a parity with the outstanding General Obligation Bonds (Alternate Revenue
Source), Series 2005A.
This Bond is one of an authorized issue of bonds of the City of like date, tenor and effect,
except as to source of security, rates of interest and dates of maturity; aggregating $__________;
numbered consecutively from R-1 up; issued (i) to refund the City’s General Obligation
(Alternate Revenue Source) Bonds, Series 2005A, and (ii) to pay the costs of capitalized interest
on the refunding bonds, and (iii) to pay costs of issuance and expenses incident thereto, all for
the benefit of the inhabitants of the City (the “Refunding”); as approved by the Mayor and City
Council of the City (the “City”). This Bond is issued pursuant to a Bond Ordinance adopted by the
City on July 8, 2014 (the “Ordinance”), and in accordance with the Act, the proceeds of which
bonds are to be applied solely to pay the cost of the Refunding and the payment of costs of
issuance.
The Bonds are not to optional redemption prior to maturity. [The Bonds due
________________ are subject to mandatory sinking fund redemption at 100% of the principal
amount thereof plus accrued interest to the redemption date in accordance with the schedule set
forth in the Ordinance.]
This Bond is transferable or exchangeable only upon the books of the City kept for that
purpose at the designated office of the Registrar by the registered owner hereof in person, or by
its attorney duly authorized in writing, upon surrender of this bond together with a written
instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered
owner, or its attorney duly authorized in writing, and thereupon a new fully registered bond or
bonds in an authorized aggregate principal amount and of the same maturity, shall be executed
and delivered in the name of the transferee or transferees or to the registered owner, as the case
may be, in exchange therefor. The Registrar shall not be required to transfer or exchange this
bond during the period beginning at the close of business on the fifteenth (15th) day of the month
preceding the interest payment date on this bond occurs and ending on such interest payment
date. The City, the Registrar, the Paying Agent and any other registrar or paying agent for this
bond may treat and consider the person in whose name this bond is registered as the absolute
owner hereof for all purposes including for the purpose of receiving payment of, or on account
of, the principal hereof and interest due hereon.
This Bond is subject to defeasance prior to payment as provided in the Ordinance referred
to herein. THE OWNER OF THIS BOND, BY THE ACCEPTANCE HEREOF, HEREBY
AGREES TO ALL THE TERMS AND PROVISIONS CONTAINED IN THE ORDINANCE.
The Bonds maturing in any one year are issuable only in fully registered form in the
denomination of $5,000 or any integral multiple thereof.
It is hereby certified and recited that all acts, conditions and things required to be done
precedent to and in the execution, issuance and delivery of this bond have been done and
performed in regular and due form as provided by law; that the indebtedness of the City,
- 19 -
including the issue of the Bond of which this is one, does not exceed any limitation imposed by
law; and that provision has been made for the collection of a direct annual tax sufficient to pay
the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity.
This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been executed by an authorized representative of the Registrar.
IN WITNESS WHEREOF, the United City of Yorkville, Kendall County, Illinois, has
caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City
Clerk, the seal of said City (or a facsimile thereof) to be affixed, imprinted, engraved or
otherwise reproduced hereon and countersigned by the duly authorized manual or facsimile
signature of the City Treasurer, all as of the Original Date identified above.
UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
By_____________________________________
Mayor
By_____________________________________
City Clerk
[SEAL]
Countersigned:
By _________________________________
City Treasurer
REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned Ordinance.
THE AMALGAMATED BANK OF CHICAGO,
as Registrar
By _____________________________________
Authorized Officer
FORM OF SERIES 2014C BOND
- 20 -
UNITED STATES OF AMERICA
STATE OF ILLINOIS
COUNTY OF KENDALL
UNITED CITY OF YORKVILLE
GENERAL OBLIGATION (ALTERNATE REVENUE SOURCE)
REFUNDING BOND, SERIES 2014C
Interest Rate Maturity Date Original Date Authentication Date CUSIP
REGISTERED OWNER:
PRINCIPAL SUM:
The United City of Yorkville, in Kendall County, Illinois (the “City”), for value received,
hereby promises to pay to the Registered Owner named above or registered assigns, the Principal
Sum set forth above on the Maturity Date set forth above, and to pay interest hereon (computed
on the basis of a 360-day year of twelve 30-day months) at the Interest Rate per annum stated
above from the interest payment date to which interest has been paid next preceding the
Authentication Date of this bond unless this bond is authenticated after the fifteenth day
preceding an interest payment date and on or before such interest payment date in which case it
shall bear interest from such interest payment date or unless this bond is authenticated on or
before December 15, 2014, in which case it shall bear interest from the Original Date, until the
principal is paid, which interest is payable semiannually on June 30 and December 30 in each
year, beginning on December 30, 2014.
The principal of this Bond is payable at the designated corporate trust office of The
Amalgamated Bank of Chicago (the “Registrar” or “Paying Agent”). All payments of interest on this
bond shall be paid by check, mailed one business day prior to the interest payment date to the
registered owner hereof as of the fifteenth day preceding such interest payment date at the
address as it appears on the registration books kept by the Registrar or at such other address as is
provided to the Paying Agent in writing by the registered owner. If payment of principal or
interest is made to a depository, payment shall be made by wire transfer on the payment date in
same-day funds. If the payment date occurs on a date when financial institutions are not open for
business, the wire transfer shall be made on the next succeeding business day. The Paying Agent
shall wire transfer payments by 1:00 p.m. (New York City time) so such payments are received
at the depository by 2:30 p.m. (New York City time). All payments on the bond shall be made in
any coin or currency of the United States of America, which on the dates of such payment, shall
be legal tender for the payment of public and private debts.
This Bond is a general obligation of the City payable as to principal and interest from (i)
revenues of the City in the Surplus Account of the Waterworks and Sewerage Fund consisting of
funds remaining in the Waterworks and Sewerage Fund after the required monthly deposits and
credits have been made to the Operation and Maintenance Account, the Depreciation Account
and any other accounts that may be created in the future, (ii) revenues received by the City from
its distributions of income tax revenues, and (iii) such other funds of the City as may be lawfully
- 21 -
available and annually appropriated for such payment, and (iv) to the extent the previous sources
are insufficient, ad valorem taxes levied against all taxable property in the City, without
limitation as to rate or amount, all in accordance with the provisions of the Local Government
Debt Reform Act, as supplemented and amended (the “Act”). The full faith, credit and resources
of the City are pledged to the punctual payment of the principal of and interest on the Bonds.
This Bond is negotiable, subject to registration provisions, pursuant to the laws of the State of
Illinois. The Bonds are payable from the Pledged Revenues (as defined in the Ordinance) on a
parity with the outstanding General Obligation Bonds (Alternate Revenue Source), Series 2004B
and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A
This Bond is one of an authorized issue of bonds of the City of like date, tenor and effect,
except as to source of security, rates of interest and dates of maturity; aggregating Two Million
Dollars ($2,000,000); numbered consecutively from R-1 up; issued (i) to refund the City’s
General Obligation (Alternate Revenue Source) Bonds, Series 2005C, and (ii) to pay the costs of
capitalized interest on the refunding bonds, and (iii) to pay costs of issuance and expenses
incident thereto, all for the benefit of the inhabitants of the City (the “Refunding”); as approved by
the Mayor and City Council of the City (the “City”). This Bond is issued pursuant to a Bond
Ordinance adopted by the City on July 8, 2014 (the “Ordinance”), and in accordance with the Act,
the proceeds of which bonds are to be applied solely to pay the cost of the Refunding and the
payment of costs of issuance.
The Bonds are not subject to optional redemption prior to maturity. [The Bonds due
________________ are subject to mandatory sinking fund redemption at 100% of the principal
amount thereof plus accrued interest to the redemption date in accordance with the schedule set
forth in the Ordinance.]
This Bond is transferable or exchangeable only upon the books of the City kept for that
purpose at the designated office of the Registrar by the registered owner hereof in person, or by
its attorney duly authorized in writing, upon surrender of this bond together with a written
instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered
owner, or its attorney duly authorized in writing, and thereupon a new fully registered bond or
bonds in an authorized aggregate principal amount and of the same maturity, shall be executed
and delivered in the name of the transferee or transferees or to the registered owner, as the case
may be, in exchange therefor. The Registrar shall not be required to transfer or exchange this
bond during the period beginning at the close of business on the fifteenth (15th) day of the month
preceding the interest payment date on this bond occurs and ending on such interest payment
date. The City, the Registrar, the Paying Agent and any other registrar or paying agent for this
bond may treat and consider the person in whose name this bond is registered as the absolute
owner hereof for all purposes including for the purpose of receiving payment of, or on account
of, the principal hereof and interest due hereon.
This Bond is subject to defeasance prior to payment as provided in the Ordinance referred
to herein. THE OWNER OF THIS BOND, BY THE ACCEPTANCE HEREOF, HEREBY
AGREES TO ALL THE TERMS AND PROVISIONS CONTAINED IN THE ORDINANCE.
The Bonds maturing in any one year are issuable only in fully registered form in the
denomination of $5,000 or any integral multiple thereof.
- 22 -
It is hereby certified and recited that all acts, conditions and things required to be done
precedent to and in the execution, issuance and delivery of this bond have been done and
performed in regular and due form as provided by law; that the indebtedness of the City,
including the issue of the Bond of which this is one, does not exceed any limitation imposed by
law; and that provision has been made for the collection of a direct annual tax sufficient to pay
the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity.
This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been executed by an authorized representative of the Registrar.
IN WITNESS WHEREOF, the United City of Yorkville, Kendall County, Illinois, has
caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City
Clerk, the seal of said City (or a facsimile thereof) to be affixed, imprinted, engraved or
otherwise reproduced hereon and countersigned by the duly authorized manual or facsimile
signature of the City Treasurer, all as of the Original Date identified above.
UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
By_____________________________________
Mayor
By_____________________________________
City Clerk
[SEAL]
Countersigned:
By _________________________________
City Treasurer
REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned Ordinance.
THE AMALGAMATED BANK OF CHICAGO,
as Registrar
By _____________________________________
Authorized Officer
Section 6. Sale of Bonds. The City Treasurer is hereby authorized and directed (i) to
deliver the 2014A Bonds to ____________, as purchaser of the 2014A Bonds (the “2014A
Purchaser”); (ii) to deliver the 2014B Bonds to ____________, as purchaser of the 2014B Bonds
- 23 -
(the “2014B Purchaser”); and (iii) to deliver the 2014C Bonds to ____________, as purchaser of
the 2014C Bonds (the “2014C Purchaser”). The Mayor and the City Clerk are authorized and
directed to execute a bond purchase agreement with each respective purchaser in connection with
the sale of the Bonds (each, a “Purchase Contract”), in the name of and on behalf of the City. The
Purchase Contract shall be substantially in the form of purchase contracts commonly used in
transactions similar to that described in the Ordinance, with such changes as necessary to reflect
the terms and provisions of the Bonds, this Ordinance, and such other changes as the Mayor or
City Treasurer shall determine are necessary or desirable in connection with the sale of the
Bonds. No person holding any office of the City, either by election or appointment, is in any
manner financially interested directly in his own name or indirectly in the name of any other
person, association, trust or corporation, in the Purchase Contract.
Section 7. Alternate Revenue Source; Tax Levy; Additional Security. For the
purpose of providing funds required to pay the interest on the Bonds promptly when and as the
same falls due and to pay and discharge the principal thereof at maturity, the City covenants and
agrees with the Purchasers and the owners of the Bonds that the City will deposit the Pledged
Revenues into the Bond Funds described in Section 10 hereof.
The 2014A Pledged Revenues are hereby pledged to the payment of the 2014A Bonds,
on a parity with the outstanding General Obligation Bonds (Alternate Revenue Source), Series
2005 and General Obligation (Alternate Revenue Source) Refunding Bonds, Series 2014, and the
City covenants and agrees to provide for, collect and apply the 2014A Pledged Revenues to the
payment of the 2014A Bonds.
The 2014B Pledged Revenues are hereby pledged to the payment of the 2014B Bonds, on
a parity with the outstanding General Obligation Bonds (Alternate Revenue Source), Series
- 24 -
2005A, and the City covenants and agrees to provide for, collect and apply the 2014B Pledged
Revenues to the payment of the 2014B Bonds.
The 2014C Pledged Revenues are hereby pledged to the payment of the 2014C Bonds, on
a parity with the outstanding General Obligation Bonds (Alternate Revenue Source), Series
2004B and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A, and
the City covenants and agrees to provide for, collect and apply the 2014C Pledged Revenues to
the payment of the 2014C Bonds.
For the purpose of providing additional funds to produce the sums necessary to pay
interest on the Bonds as it falls due and pay and discharge the principal thereof at maturity, there
be and there is hereby levied upon all the taxable property within the City a direct annual tax (the
“Pledged Taxes”) for each of the years while the Bonds or any of them are outstanding, in amounts
sufficient for that purpose, and that there be and there is hereby levied upon all of the taxable
property in the City, in addition to all other taxes, a direct annual tax in the years and amounts as
follows:
2014A PLEDGED TAXES
For the Levy Year A Tax Sufficient to Produce the Sum of:
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
- 25 -
2029
2030
2031
2032
2014B PLEDGED TAXES
For the Levy Year A Tax Sufficient to Produce the Sum of:
2014
2015
2016
2017
2018
2019
2020
2021
2014C PLEDGED TAXES
For the Levy Year A Tax Sufficient to Produce the Sum of:
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Principal or interest coming due at any time when there are not sufficient funds on hand
from the Pledged Taxes to pay the same shall be paid from current funds on hand of the City, and
the fund from which such payment was made shall be reimbursed out of the Pledged Taxes
hereby levied when the same shall be collected.
The City covenants and agrees with the Purchaser and the owners of the Bonds that so
long as any of the Bonds remain outstanding, the City will take no action or fail to take any
action which in any way would adversely affect the ability of the City to collect the Pledged
Revenues or to levy and collect the Pledged Taxes, and the City and its officers will comply with
- 26 -
all present and future applicable laws in order to assure that the Pledged Revenues will be
available and that the Pledged Taxes will be levied, extended and collected as provided herein
and deposited in the Bond Fund.
The funds derived from the tax levy be and the same are hereby appropriated and set
aside for the sole and only purpose of paying principal and interest on said Bonds when and as
the same become due. The funds from the sale of said Bonds be and they are hereby
appropriated and set aside for the purpose hereinbefore set out.
Section 8. Filing of Ordinance – Bond Funds. After this Ordinance becomes effective,
a copy hereof, certified by the City Clerk, shall each be filed with the County Clerk of Kendall
County (the “County Clerk”). The County Clerk shall in and for the years specified in this
ordinance ascertain the rate required to produce the aggregate Pledged Taxes hereinbefore
provided to be levied in each of said years; and the County Clerk shall extend the same for
collection on the tax books in connection with other taxes levied in said years in and by the City
for general corporate purposes of the City; and the County Clerk, or other appropriate officer or
designee, shall remit the Pledged Taxes for deposit to the credit of a special fund created by
Section 10 hereof and referred to as the “Bond Funds”, and in said years the Pledged Taxes shall be
levied and collected by and for and on behalf of the City in like manner as taxes for general
corporate purposes of the City for said years are levied and collected, and in addition to and in
excess of all other taxes. The Pledged Taxes are hereby irrevocably pledged to and shall be used
only for the purpose of paying principal of and interest on the Bonds.
Section 9. Abatement of Pledged Taxes. The City pledges to abate the levy for the
Bonds upon full funding of each Bond Fund in the appropriate levy amount for the subsequent
calendar year. The City shall by adoption of an appropriate ordinance direct the abatement of the
- 27 -
Pledged Taxes by such amount, and proper notification of such abatement shall each be filed
with the County Clerk in a timely manner to effect such abatement.
Section 10. Bond Funds.
(a) 2014A Bond Fund. There is hereby established a special fund of the City known
as the “Alternate Bond and Interest Fund of 2014A” (the “2014A Bond Fund”) to be held by the
Paying Agent which is a trust fund established for the purpose of carrying out the covenants,
terms and conditions imposed upon the City by this ordinance. The 2014A Bonds are secured by
a pledge of all of the moneys on deposit in the 2014A Bond Fund, and such pledge is irrevocable
until such 2014A Bonds have been paid in full or until the obligations of the City are discharged
under this ordinance. Within the 2014A Bond Fund there shall be created two accounts: the
2014A Bond and Interest Account (the “2014A Bond and Interest Account”) and the 2014A
Surplus Account (the “2014A Surplus Account”). The 2014A Bond and Interest Account shall
only be used to pay the interest on the 2014A Bonds and principal of the Bonds at maturity or
upon redemption. The 2014A Surplus Account may be used by the City for any lawful purpose.
2014A Pledged Taxes shall be set aside as collected and deposited into the 2014A Bond and
Interest Account. Upon receipt of the 2014A Pledged Revenues, the City Treasurer shall deposit
into the 2014A Bond and Interest Account an amount equal to one-sixth (1/6) of the amount of
interest due on the Bonds on the next interest payment date and an amount equal to one-twelfth
(1/12) of the amount of principal due on the 2014A Bonds on the next principal payment date.
The balance of the 2014A Pledged Revenues received each month, after payment of principal
and interest on all parity obligations, shall be deposited into the 2014A Surplus Account.
(b) Project Fund. There is hereby established a special fund of the City known as the
“2014A Project Fund” to be held by the Treasurer. There shall be deposited in the 2014A Project
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Fund the proceeds of the 2014A Bonds in an amount as provided in Section 11 hereof. The
2014A Project Fund shall be maintained separate and apart from all other accounts of the City.
(c) 2014B Bond Fund. There is hereby established a special fund of the City known
as the “Alternate Bond and Interest Fund of 2014B” (the “2014B Bond Fund”) to be held by the
Paying Agent which is a trust fund established for the purpose of carrying out the covenants,
terms and conditions imposed upon the City by this ordinance. The 2014B Bonds are secured by
a pledge of all of the moneys on deposit in the 2014B Bond Fund, and such pledge is irrevocable
until such 2014B Bonds have been paid in full or until the obligations of the City are discharged
under this ordinance. Within the 2014B Bond Fund there shall be created two accounts: the
2014B Bond and Interest Account (the “2014B Bond and Interest Account”) and the 2014B
Surplus Account (the “2014B Surplus Account”). The 2014B Bond and Interest Account shall
only be used to pay the interest on the Bonds and principal of the 2014B Bonds at maturity or
upon redemption. The 2014B Surplus Account may be used by the City for any lawful purpose.
2014B Pledged Taxes shall be set aside as collected and deposited into the 2014B Bond and
Interest Account. Upon receipt of the 2014B Pledged Revenues, the City Treasurer shall deposit
into the 2014B Bond and Interest Account an amount equal to one-sixth (1/6) of the amount of
interest due on the 2014B Bonds on the next interest payment date and an amount equal to one-
twelfth (1/12) of the amount of principal due on the 2014B Bonds on the next principal payment
date. The balance of the 2014B Pledged Revenues received each month, after payment of
principal and interest on all parity obligations, shall be deposited into the 2014B Surplus
Account.
(d) 2014C Bond Fund. There is hereby established a special fund of the City known
as the “Alternate Bond and Interest Fund of 2014C” (the “2014C Bond Fund”, and together with the
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2014A Bond Fund and the 2014B Bond Fund, the “Bond Fund”)) to be held by the Paying Agent
which is a trust fund established for the purpose of carrying out the covenants, terms and
conditions imposed upon the City by this ordinance. The 2014C Bonds are secured by a pledge
of all of the moneys on deposit in the 2014C Bond Fund, and such pledge is irrevocable until
such 2014C Bonds have been paid in full or until the obligations of the City are discharged under
this ordinance. Within the 2014C Bond Fund there shall be created two accounts: the 2014C
Bond and Interest Account (the “2014C Bond and Interest Account”) and the 2014C Surplus
Account (the “2014C Surplus Account”). The 2014C Bond and Interest Account shall only be
used to pay the interest on the 2014C Bonds and principal of the 2014C Bonds at maturity or
upon redemption. The 2014C Surplus Account may be used by the City for any lawful purpose.
2014C Pledged Taxes shall be set aside as collected and deposited into the 2014C Bond and
Interest Account. Upon receipt of the 2014C Pledged Revenues, the City Treasurer shall deposit
into the 2014C Bond and Interest Account an amount equal to one-sixth (1/6) of the amount of
interest due on the 2014C Bonds on the next interest payment date and an amount equal to one-
twelfth (1/12) of the amount of principal due on the 2014C Bonds on the next principal payment
date. The balance of the 2014C Pledged Revenues received each month, after payment of
principal and interest on all parity obligations, shall be deposited into the 2014C Surplus
Account.
Section 11. Use of Bond Proceeds. Accrued interest and capitalized interest received
on the delivery of the 2014A Bonds are hereby appropriated for the purpose of paying interest
due on the 2014A Bonds and are hereby ordered deposited into the 2014A Bond Fund. The
balance of the proceeds of the 2014A Bonds are hereby appropriated for payment of Project
Costs and are hereby ordered deposited into the Project Fund.
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Accrued interest and capitalized interest received on the delivery of the 2014B Bonds are
hereby appropriated for the purpose of paying interest due on the 2014B Bonds and are hereby
ordered deposited into the 2014B Bond Fund. The balance of the proceeds of the 2014B Bonds
are hereby appropriated for refunding the 2005A Bonds and are hereby ordered deposited into
the Escrow Account (the “Escrow Account”) created pursuant to the Escrow Agreement between
the City and The Amalgamated Bank of Chicago.
Accrued interest and capitalized interest received on the delivery of the 2014C Bonds are
hereby appropriated for the purpose of paying interest due on the 2014C Bonds and are hereby
ordered deposited into the 2014C Bond Fund. The balance of the proceeds of the 2014C Bonds
are hereby appropriated for refunding the 2005C Bonds and are hereby ordered deposited into
the Escrow Account.
In the event that any moneys remain in the Project Fund, the Escrow Account or any
Bond Fund upon completion of the Project or the Refunding, the City shall cause such moneys to
be used to pay the interest on the respective series of Bonds on the earliest possible date. Such
moneys which are on deposit in the Bond Fund after 30 days of the date of deposit shall be
invested at a yield not exceeding the yield on the Bonds in the event that the investment of such
moneys shall cause the Bond Fund not to be a bona fide debt service fund pursuant to Treas.
Reg. Section 1.148(1)(b).
Section 12. Defeasance of the Bonds. If, when the Bonds or a portion thereof shall
have become due and payable in accordance with their terms, and the whole amount of the
principal and the interest and the premium, if any, so due and payable upon all of the Bonds or a
portion thereof then outstanding shall be paid; or (i) sufficient moneys or (ii) direct obligations of
the United States of America (including obligations issued or held in book entry form on the
- 31 -
books of the Department of the Treasury), the principal of and the interest on which when due
will provide sufficient moneys for such purpose, shall be held in trust for such purpose, and
provision shall also be made for paying all fees and expenses for the redemption, then and in that
case the Bonds or any designated portion thereof issued hereunder shall no longer be deemed
outstanding or entitled to any pledge of the Pledged Revenues and the Pledged Taxes made
herein.
Section 13. Investment of Moneys. Moneys in the Bond Fund and the Project Fund
may be invested by the City Treasurer in lawful investments for the City. All income earned or
losses sustained on such investments shall be credited to the Fund or Account from which the
investments were made.
Section 14. Additional Bonds. The City may without limit issue additional bonds
(“Additional Bonds”) on a parity with or junior to the Bonds as to the pledge of the Pledged
Revenues. If such Additional Bonds are to be parity bonds, the Pledged Revenues shall be
sufficient to provide for or pay all of the following: (i) debt service on all outstanding Bonds
computed immediately after the issuance of any proposed Additional Bonds, and (ii) an
additional amount not less than 0.25 times debt service on the outstanding Bonds and Additional
Bonds after the issuance of the proposed Additional Bonds. Such sufficiency shall be calculated
for each year to the final maturity of the Bonds and the Additional Bonds. The determination of
the sufficiency of the Pledged Revenues shall be supported by reference to the most recent audit
of the City, which audit shall be for a Fiscal Year ending not earlier than eighteen (18) months
previous to the time of issuance of the proposed Additional Bonds. If such audit shows the
Pledged Revenues to be insufficient, then the determination of sufficiency may be supported by
- 32 -
the report of an independent accountant or feasibility analyst demonstrating the sufficiency of the
Pledged Revenues and explaining by what means they will be greater than shown in the audit.
Section 15. Amendments with Consent of Bondholders. Subject to the terms and
provisions contained in this section, and not otherwise, the owners of not less than sixty-seven
percent (67%) in aggregate principal amount of the Bonds issued pursuant to this ordinance and
then outstanding shall have the right from time to time, anything contained in this ordinance to
the contrary notwithstanding, to consent to and approve the adoption by the City of such
ordinance or ordinances supplemental hereto or amendatory hereof, as shall be deemed necessary
or desirable by the City for the purpose of modifying, altering, amending, adding to or rescinding
in any particular manner any of the terms or provisions contained in this ordinance, or in any
supplemental ordinance; provided, however, that nothing herein contained shall permit or be
construed as permitting:
(a) An extension of the maturity of the principal of or interest on any Bond issued
pursuant to this ordinance; or
(b) A reduction in the principal amount of any Bond or the rate of interest thereon; or
(c) A preference or priority of any Bond or Bonds issued pursuant to this ordinance
over any other Bond or Bonds issued pursuant to the provisions of this ordinance; or
(d) A reduction in the aggregate principal amount of the Bonds required for consent
to such supplemental ordinance.
If the owners of not less than sixty-seven percent (67%) in aggregate principal amount of
the Bonds outstanding at the time of adoption of such supplemental ordinance shall have
consented to and approved the adoption thereof by written instrument to be maintained on file in
the office of the City Clerk of the City, no owner of any Bond issued pursuant to this ordinance
- 33 -
shall have any right to object to the adoption of such supplemental ordinance or to object to any
of the terms and provisions contained therein or the operation thereof, or in any manner to
question the propriety of the adoption thereof, or to enjoin or restrain the City from adopting the
same, or from taking any action pursuant to the provisions thereof. Upon the adoption of any
supplemental ordinance pursuant to the provisions of this section, this ordinance shall be, and
shall be deemed, modified and amended in accordance therewith, and the respective rights,
duties and obligations under this ordinance of the City and all owners of Bonds then outstanding,
shall thereafter be determined, exercised and enforced in accordance with this ordinance, subject
in all respects to such modifications and amendments. Notwithstanding anything contained in
the foregoing provisions of this ordinance, the rights and obligations of the City and of the
owners of the Bonds authorized by this ordinance, and the terms and provisions of the Bonds and
this ordinance, or any supplemental or amendatory ordinance, may be modified or altered in any
respect with the consent of the City and the consent of the owners of all the Bonds then
outstanding.
Section 16. Tax Covenants. In order to preserve the exclusion of interest on the Bonds
from gross income for federal tax purposes under Section 103 of the Internal Revenue Code of
1986 as existing on the date of issuance of the Bonds (the “Code”) and as an inducement to
purchasers of the Bonds, the City represents, covenants and agrees that:
(a) No more than 10% of the payment of the principal of or interest on the Bonds will
be (under the terms of the Bonds, this ordinance or any underlying arrangement), directly or
indirectly, (i) secured by any interest in property used or to be used for a private business use or
payments in respect of such property or (ii) derived from payments (whether or not to the City)
in respect of such property or borrowed money used or to be used for a private business use.
- 34 -
(b) No more than 5% of the Bond proceeds will be loaned to any entity or person
other than a state or local governmental unit. No more than 5% of the Bond proceeds will be
transferred, directly or indirectly, or deemed transferred to a nongovernmental person in any
manner that would in substance constitute a loan of the Bond proceeds.
(c) The City reasonably expects, as of the date hereof, that the Bonds will not meet
either the private business use test described in paragraph (a) above unless such private use is by
a 501(c)(3) entity or the private loan test described in paragraph (b) above during the entire term
of the Bonds.
(d) Neither the City nor the City will take any action or fail to take any action with
respect to the Bonds that would result in the loss of the exclusion from gross income for federal
tax purposes on the Bonds pursuant to Section 103 of the Code, nor will the City or the City act
in any other manner which would adversely affect such exclusion.
(e) The City hereby designates each of the Bonds as a “qualified tax-exempt obligation”
for the purposes and within the meaning of Section 265(b)(3) of the Code. In support of such
designation, the City hereby certifies that (i) none of the Bonds will be at any time a “private
activity bond” (as defined in Section 141 of the Code), (ii) as of the date hereof in calendar year
2014, the City has not issued any tax-exempt obligations of any kind other than the Bonds nor
have any tax-exempt obligations of any kind been issued on behalf of the City and (iii) the City
does reasonably expect to issue or have issued on its behalf more than $10,000,000 of tax exempt
obligations (including the Bonds) during calendar year 2014.
(f) It shall not be an event of default under this ordinance if the interest on any Bond
is not excludable from gross income for federal tax purposes or otherwise pursuant to any
- 35 -
provision of the Code which is not currently in effect and in existence on the date of issuance of
the Bonds.
(g) These covenants are based solely on current law in effect and in existence of the
date of delivery of the Bonds.
The City hereby authorizes the officials of the City responsible for issuing the Bonds, the
same being the Mayor, the City Clerk and the City Treasurer of the City, to make such further
covenants and certifications as may be necessary to assure that the use thereof will not cause the
Bonds to be arbitrage bonds and to assure that the interest on the Bonds will be excludable from
gross income for federal income tax purposes. In connection therewith, the City further agrees:
(a) through its officers, to make such further specific covenants, representations as shall be
truthful, and assurances as may be necessary or advisable; (b) to consult with counsel approving
the Bonds; (c) to pay to the United States, as necessary, such sums of money representing
required rebates of excess arbitrage profits relating to the Bonds as required pursuant to Section
148 of the Code and the regulations promulgated thereunder; (d) to file such forms, statements,
and supporting documents as may be required and in a timely manner; and (e) if deemed
necessary or advisable by their officers, to employ and pay fiscal agents, financial advisors,
attorneys, and other persons to assist the City in such compliance.
Section 17. Noncompliance with Tax Covenants. Notwithstanding any other
provisions of this ordinance, the covenants and authorizations contained in this ordinance (the
“Tax Sections”) which are designed to preserve the exclusion of interest on the Bonds from gross
income under federal law (the “Tax Exemption”) need not be complied with if the City receives an
opinion of nationally recognized bond counsel that any Tax Section is unnecessary to preserve
the Tax Exemption.
- 36 -
Section 18. Registered Form. The City recognizes that Section 149(a) of the Code
requires the Bonds to be issued and to remain in fully registered form in order that interest
thereon is exempt from federal income taxation under laws in force at the time the Bonds are
delivered. In this connection, the City agrees that it will not take any action to permit the Bonds
to be issued in, or converted into, bearer or coupon form.
Section 19. Severability. If any section, paragraph or provision of this ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this ordinance.
Section 20. Publication. The City Clerk is hereby authorized and directed to publish
this ordinance in pamphlet form and to file copies thereof for public inspection in his/her office.
Section 21. Conflicting Ordinances. All ordinances, resolutions and parts of
ordinances and resolutions, in conflict herewith are hereby repealed.
Section 22. Headings. The headings or titles of the several sections shall be solely for
convenience of reference and shall not affect the meaning, construction or effect of this
ordinance.
Section 23. Effective Date. This ordinance shall be in full force and effect from and
after its adoption and approval.
- 37 -
Ken Koch ___
Joel Frieders ___
Carlo Colosimo ___
Chris Funkhouser ___
Larry Kot ___
Diane Teeling ___
Jacquelyn Milschewski ___
Rose Ann Spears ___
Passed by the City Council of the United City of Yorkville, Illinois this ___ day of
__________, 2014.
Attest: _____________________________
City Clerk
APPROVED by me this ___ day of __________, 2014.
______________________________
Mayor
ATTESTED and FILED in my office this ___ day of __________, 2014.
_______________________________
City Clerk
Published by me in pamphlet form this ___ day of __________, 2014.
________________________________
City Clerk, United City of Yorkville
Kendall County, Illinois
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
CERTIFICATION OF MINUTES
I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official am the
keeper of the records and files of the of the City Council of the City (the “City”).
I further certify that the foregoing is a full, true and complete transcript of that portion of
the minutes of the meeting of the City held on the 22nd day of July, 2014, insofar as the same
relates to the adoption of Ordinance No. 2014-___ entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS (ALTERNATE REVENUE SOURCE) OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, IN ONE
OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT OF
$8,235,000
a true, correct and complete copy of which said ordinance as adopted at said meeting appears in
the foregoing transcript of the minutes of said special meeting.
I do further certify that the deliberations of the City on the adoption of said ordinance
were conducted openly, that the vote on the adoption of said ordinance was taken openly, that
said meeting was held at a specified time and place convenient to the public, that notice of said
meeting was duly given to all of the news media requesting such notice, that said meeting was
called and held in strict compliance with the provisions of the Open Meetings Act of the State of
Illinois, as amended, and that the City has complied with all of the provisions of said Act and
with all of the procedural rules of the City.
IN WITNESS WHEREOF, I hereunto affix my official signature and seal of said City,
this ___ day of __________, 2014.
_________________________________
City Clerk, United City of Yorkville, Kendall
County, Illinois
(SEAL)
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of Kendall County, Illinois, and as such official I do further certify that on the _____ day of
__________, 2014, there was filed in my office a duly certified copy of Ordinance No. 2014-___
entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS (ALTERNATE REVENUE SOURCE) OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, IN ONE
OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT OF
$8,235,000
duly adopted by the Mayor and City Council of the United City of Yorkville, Kendall County,
Illinois, on 22nd day of July, 2014, and that the same has been deposited in the official files and
records of my office.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of said
County, this _____ day __________, 2014.
______________________________________
County Clerk of Kendall County, Illinois
(SEAL)
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
This item was reviewed by Administration Committee on July 17, but City Council
packets were produced on the same day before the Administration Committee meeting took
place. Since this is a time sensitive item, we have placed it on the City Council agenda without
an Administration Committee recommendation, but the Committee outcome will be presented
verbally at the City Council meeting.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Mayor #2
Tracking Number
ADM 2014-49
Resolution for Cable Consortium as City’s agent in Cable Franchise Negotiation
City Council – July 22, 2014
N/A
Majority
Approval
See attached memo.
Bart Olson Administration
Name Department
Summary
Approval of a resolution authorizing the Southwest Fox Valley Cable and Telecommunications
Consortium (“Cable Consortium”) as negotiating agent for Comcast cable franchise renewal.
Background
The City last approved a cable franchise agreement with Comcast in 2003, for a period of 12
years. As part of that agreement process, the Cable Consortium was designated as the enforcement arm
for the cable franchise agreement (resolution attached). With negotiations for a new cable franchise
agreement imminent, the Cable Consortium has requested that the City approve a resolution authorizing
the consortium as the agent for the negotiations. A letter from the consortium’s attorney, which gives
some background on the consortium and necessity for the resolution, is attached.
Recommendation
Staff recommends approval of the resolution.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: July 10, 2014
Subject: Comcast franchise agreement renewal negotiations
Resolution No. 2014-__
Page 1
RESOLUTION NO. 2014-_____
A RESOLUTION AUTHORIZING THE SOUTHWEST FOX VALLEY
CABLE AND TELECOMMUNICATIONS CONSORTIUM AS AGENT
FOR PURPOSES OF NEGOTIATING CABLE FRANCHISE RENEWAL TERMS
WHEREAS, the Village of North Aurora, the United City of Yorkville, the City of
Plano, and the City of Sandwich have all approved and entered into an Intergovernmental
Agreement (hereinafter the “IGA”) forming the Southwest Fox Valley Public Cable and
Telecommunications Consortium (hereinafter “the Consortium”) and are members of the
Consortium; and
WHEREAS, one purpose of the IGA is to provide cost effective assistance and
coordination in the process of negotiating cable franchise renewals for each of the member
municipalities, among other things; and
WHEREAS, the IGA authorizes the Consortium with certain powers in regard to
franchise agreements and the process of franchise renewal for the member communities; and
WHEREAS, the City finds that its best interests will be served by authorizing the
Consortium and its representatives and agents to negotiate a cable franchise renewal agreement
together with the other Consortium communities so that the agreements are substantially uniform
and have substantially similar terms.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
1. The recitals set forth above are incorporated herein as the material findings of the
Mayor and the City Council.
2. The Consortium and the representatives and agents that are chosen by the
Consortium for the purpose of negotiating a cable franchise renewal agreement is and are hereby
Resolution No. 2014-__
Page 2
authorized to act as the agent of the United City of Yorkville for the purpose of negotiating a
uniform cable franchise agreement to be used and approved by the City with any changes that
the City may approve before signing the agreement with the cable provider.
3. 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
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
PW #1
Tracking Number
PW 2014-55
Illinois Economic Development Program Agreement - Wrigley
City Council – July 22, 2014
PW – 7/15/14
Committee moved forward to City Council.
PW 2014-55
See attached memo.
Bart Olson Administration
Name Department
Summary
Approval of an Economic Development Program (EDP) Grant agreement with IDOT for
intersection improvements at Route 47 and Wrigley entrance.
Background
During negotiations with Wrigley for the Skittles facility, the State pointed Wrigley and the City
in the direction of the EDP grant. The EDP grant pays for transportation infrastructure improvements
for new economic development projects in the state. In this case, the state has stepped up to pay 100%
of the intersection improvements, worth over $700,000.
The grant must go to the City and the project must be completed by the City. This grant is
structured so the City has almost no cash-flow issues; 95% of the funds are distributed at award of
construction contract and 5% is paid on receipt of the final invoice for the project. The City will be
reviewing engineering agreement proposals from both HR Green (Wrigley’s selected engineer) and EEI
(the City’s engineer – either as a direct substitute for HR Green or in complement with HR Green) at a
future meeting.
The City is still working through an incentive agreement for Wrigley, which will contain
provisions related to real estate taxes, building permit fee waivers, and other incentives. We are
targeting that agreement for the July 22nd City Council meeting.\
Recommendation
Staff recommends approval of the EDP agreement with IDOT.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: July 10, 2014
Subject: Illinois Economic Development Program Agreement – Wrigley
Printed 7/10/2014 Page 1 of 3 BLR 05320 (Rev. 01/01/14)
Local Agency
City of Yorkville
Job Number - Construction
C-93-124-14
Section
14-00046-00-TL
Economic Development
Program Agreement
Job Number - Engineering
P-93-023-14
This Agreement is made and entered into between the above local agency hereinafter referred to as “LA”, and the State of Illinois, acting by
and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LA jointly propose to improve the
designated location as shown below.
Location
Local Name IL RT 47 intersection with Manufacturing Access Drives Route FAP 326 Length 0.01 miles
Termini Intersection of RT 47 and Manufacturing Access Drives
Current Jurisdiction City of Yorkville
Project Description
Project consists of roadway milling, paving and striping improvements for the inclusion of a signalized intersection at the existing stop
controlled manufacturing access drives.
Division of Cost
Type of Work EDP (1) (%) LA (2) (%) Total
Participating Construction 602,986 (100) (Bal) 602,986
Non-Participating Construction ( ) ( ) 0
Preliminary Engineering 52,076 (100) (Bal) 52,076
Construction Engineering 52,076 (100) (Bal) 52,076
( ) ( ) 0
( ) ( ) 0
( ) ( ) 0
TOTAL $707,138 $ 0 $707,138
Note
1/ The STATE will reimburse the LA for eligible construction and engineering costs of the project subject to a maximum of $707,138.
2/ Any remaining balance shall be the responsibility of the LA in the event the Economic Development funds are not sufficient to
cover the project costs.
The STATE will pay the LA, 95% of its share of the construction costs upon the award of the construction contract and receipt of
billing from the LA. The remaining 5% will be paid to the LA upon receipt of the final invoice.
The STATE will reimburse the LA for the STATE’s share of the Preliminary and Construction Engineering on the basis of periodic
billings provided said billings contain sufficient cost information and include orders of payment by the LA.
The final invoice will reflect the incurred cost of the improvement, less previous payments, no later than one year from the date of
completion of the improvement. If a final invoice is not received within one year of completion of the improvement the most recent
invoice will be considered the final invoice and the obligation of funds will be closed.
Printed 7/10/2014 Page 2 of 3 BLR 05320 (Rev. 01/01/14)
Agreement Provisions
1. It is mutually agreed that the PROJECT will be processed, let and constructed in accordance with Motor Fuel Tax
standards, policies and procedures.
2. Construction of the PROJECT will utilize domestic steel as required by Section 106.01 of the current edition of the
Standard Specifications for Road and Bridge Construction.
3. The LA will certify to the STATE that all necessary right-of-way, temporary and permanent easements, and temporary
use permits have been obtained or are not required, prior to the LA advertising for bids for the PROJECT.
4. The PROJECT will be let and awarded by the LA upon approval of the plans and specifications by the STATE.
5. The LA agrees to retain jurisdiction and to maintain or cause to be maintained in a manner satisfactory to the STATE, the
completed PROJECT.
6. Upon approval of the final plans and specifications by the STATE and the LA, the LA agrees to accept bids and award
the contract for construction of the proposed improvements after receipt of a satisfactory bid and after concurrence in the
award has been received from the STATE and provide, or cause to be provided, all of the initial funding necessary to
complete the project subject to partial reimbursement by the STATE.
7. This Agreement and the covenants contained herein shall be null and void in the event the initial contract covering the
construction work contemplated herein is not awarded by June 30, 2017.
8. The LA shall maintain, for a minimum of 3 years after the completion of the project, adequate books, records, and
supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction
with this Agreement. All books, records, and supporting documents related to the project shall be available for review
and audit by the Auditor General and the Department. The LA agrees to cooperate fully with any audit conducted by the
Auditor General and the Department and to provide full access to all relevant materials. Failure to maintain the books,
records and supporting documents required by this section shall establish a presumption in favor of the STATE for the
recovery of any funds paid by the STATE under the contract of which adequate books, records, and supporting
documentation are not available to support their purported disbursement.
9. Obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year,
the Illinois General Assembly fails to appropriate or otherwise make available funds for the work contemplated herein.
10. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this
Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act
exempt its application.
11. The LA has entered into an economic development agreement with Wrigley Manufacturing Company herein referred to as
the “COMPANY”. As required by Public Act 93-552, the COMPANY agrees to annually submit to the STATE for a period
of five complete calendar years from the execution of this Agreement, a progress report of employment. All annual
progress reports will be completed on-line through the Department of Commerce and Economic Opportunity. The initial
Employee Reporting Form should be attached as "Exhibit B". The agreement between the LA and the COMPANY
delineating the reporting requirements is attached as "Exhibit C".
12 It is mutually agreed that in the event of a default by the COMPANY on their commitment to create and/or retain jobs, the
STATE will seek reimbursement of the Economic Development funds provided for this PROJECT from the LA. This
determination to seek reimbursement will be based on an evaluation of the information reported in the annual progress
report of employment (Exhibit “B”) required in item 12 of this Agreement. Failure to submit the required employment
report will be considered default on the COMPANY’s commitment.
13 This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
Local Agency
City of Yorkville
Section
14-00046-00-TL
Printed 7/10/2014 Page 3 of 3 BLR 05320 (Rev. 01/01/14)
EXHIBITS
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Exhibit A - Location Map
Exhibit B – Employee Reporting Form
Exhibit C - Local Agency/Company Agreement
The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this
Agreement and all exhibits indicated above.
APPROVED APPROVED
Local Agency State of Illinois
Department of Transportation
Name of Official (Print or Type Name) Ann L. Schneider, Secretary of Transportation Date
By:
Title (County Board Chairperson/Mayor/Village President/etc.)Aaron A.Weatherholt, Deputy Director of Highways Date
Omer Osman, Director of Highways/Chief Engineer Date
(Signature) Date
The above signature certifies the agency’s TIN number is Michael A. Forti, Chief Counsel Date
conducting business as a Governmental
Entity.
NOTE: If signature is by an APPOINTED official, a resolution Tony Small, Director of Finance and Administration Date
authorizing said appointed official to execute this agreement is
required.
Local Agency
Section
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
PKBD #1
Tracking Number
CC 2014-69
Grande Reserve Park B Improvements
City Council – July 22, 2014
Consideration of Award
Contract Award Consideration
Brad Sanderson Engineering
Name Department
Bids were received, opened and tabulated for work to be done on the Grand Reserve Park B at
11:30 a.m., June 30, 2014. Representatives of contractors bidding the project and Engineering
Enterprises, Inc. were in attendance. A tabulation of the bids and the engineer’s estimate is
attached for your information and record.
The low bidder for the project, Fuerte Systems Landscaping, Inc., has requested that their bid be
withdrawn, as noted in the attached letter. The City does have the right to pursue the bid bond
(10% of bid value), but in this case we are not recommending this action due to timing and the
limited funds that would be obtained ($2,666).
The Park Board reviewed this item at their July 10th, 2014 meeting. The Board recommended
that the City Council accepts the lowest bid from Fuerte Systems Landscaping, if they can do the
work at the submitted bid. If they are not able to perform the work at the bid submitted, then the
Park Board recommends accepting the next lowest bid, which is Wilkinson Excavating, Inc. The
Board also concurred with staff not to pursue the bid bond against Fuerte System Landscaping,
Inc. if they withdraw from the project.
Therefore, we are recommending the acceptance of the bid and approval of award be made to the
lowest responsible bidder, Wilkinson Excavating, Inc., 325 E. LaSalle, Somonauk, IL, 60552 in
the amount of $77,860.00.
If you have any questions or require additional information, please let us know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
Tim Evans, Director of Parks and Recreation
CC: Scott Sleezer, Superintendent of Parks
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: July 15, 2014
Subject: Grand Reserve Park B Improvements
Systems, INC
Tall •TOON* SAMS 11. OkAvias
BRICK PAVER — RETAINING WALL — NATURAL STONE SPECIALIST
DRIVEWAYS • PATIOS • FRONT ENTRANCES
SIDEWALKS • PARKING LOTS
COMMERCIAL
RESIDENTIAL
July 15, 2014
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Grand Reserve Park B Improvements
After closely reviewing the bid items that were calculated for the bid opening on June 30, 2014 for the
Grand Reserve Park B Improvements we have decided that for the best interest of our company we will
withdraw from the bid at this time. We hope to have the opportunity to work with your company in the
near future.
If you should have any question please feel free to contact me directly at ph. 847-312-9393.
Mailing Address • 14855 S. New Van Dyke Road • #328 • Plainfield, IL 60544-9998
Office Address • 20555 SE Frontage Road • Joliet, IL 60431
815-725-2959 • Cell: 847-312-9393
Furte1@sbcglobal.net • www.fuertesystems.com
Bids were received, opened and tabulated for work to be done on the Grand Reserve Park B at
11:30 a.m., June 30, 2014. Representatives of contractors bidding the project, and our firm were
in attendance. A tabulation of the bids and the engineer’s estimate is attached for your
information and record.
We recommend the acceptance of the bid and approval of award be made to the low bidder,
Fuerte Systems Landscaping, Inc., P.O. Box 328, Plainfield, IL 60544 in the amount of
$26,660.00, which is approximately 367% under the Engineer’s Estimate of $97,825. This
recommendation is contingent upon confirmation from the contractor that will complete the work
for the bid amount. At the time of this memo was written, we have not been able to confirm.
If you have any questions or require additional information, please let us know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Tim Evans, Director of Parks and Recreation
Scott Sleezer, Superintendent of Parks
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: July 3, 2014
Subject: Grand Reserve Park B Improvements
Page 1 of 1
BID TABULATION ENGINEER'S ESTIMATE
BIDS RECD 6/30/2014 52 Wheeler Road
Sugar Grove, IL 60554
ITEM UNIT UNIT UNIT UNIT UNIT
NO.DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1 TEMPORARY EROSION CONTROL SEEDING POUND 100 10.00$ 1,000.00$ 28.00$ 2,800.00$ 5.00$ 500.00$ 30.00$ 3,000.00$ 59.14$ 5,914.00$
2 SILT FENCE FOOT 800 2.00$ 1,600.00$ 4.00$ 3,200.00$ 3.00$ 2,400.00 3.00$ 2,400.00$ 3.35$ 2,680.00$
3 INLET FILTER BASKET EACH 9 200.00$ 1,800.00$ 285.00$ 2,565.00$ 150.00$ 1,350.00 200.00$ 1,800.00$ 273.40$ 2,460.60$
4 SIDEWALK EXCAVATION AND GRADING LS 1 10,000.00$ 10,000.00$ 2,500.00$ 2,500.00$ 13,500.00$ 13,500.00 1,800.00$ 1,800.00$ 26,908.26$ 26,908.26$
5 P.C.C. SIDEWALK, 5" on 4" CA-6 BASE SQ. FT.1,685 5.00$ 8,425.00$ 7.00$ 11,795.00$ **6.00$ 10,110.00 7.15$ 12,047.75$ 8.28$ 13,951.80$
6 SEED, FERTILIZE, AND BLANKET LS 1 75,000.00$ 75,000.00$ 3,800.00$ 3,800.00$ 50,000.00$ 50,000.00 64,000.00$ 64,000.00$ 36,898.42$ 36,898.42$ *
TOTAL 97,825.00$ 26,660.00$ 77,860.00$ 85,047.75$ 88,813.08$
* BID AMOUNT LISTED AS $36,898.34
** BID AMOUNT LISTED AS $11,606.00
Big Rock, IL 60511Plainfield, IL 60586 Somonauk, IL 60552 Union, Il 60180
Fuerte Systems, Inc.Wilkinson Excavating Team Reil, Inc.
P.O. Box 328 725 E LaSalle St 17421 Marengo Road
J.E.M. Morris Construction Inc.
49 W. 102 U.S. Route 30
BID TABULATION
GRAND RESERVE PARK B IMPROVEMENTS
UNITED CITY OF YORKVILLE
ENGINEERING ENTERPRISES, INC.
52 WHEELER ROAD, SUGAR GROVE, ILLINOIS
Have a question or comment about this agenda item?
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tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
PC #1
Tracking Number
PC 2014-10
Kendall Crossing PUD – Lighthouse Academy (Special Use)
City Council – July 22, 2014
Vote
Request for Special Use to allow for a daycare center in the underlying B-2 District
Krysti J. Barksdale-Noble Community Development
Name Department
Summary:
The applicant, Willman and Groesch, is seeking to amend the existing Kendall Crossing
Special Use Permit for Planned Unit Development (PUD) to identify a proposed new building with
the PUD and authorize the building’s user, a daycare center, as a special use within the commercial
development. Due to the development’s underlying zoning of B -2 General Business District, daycare
centers are allowed only as a Special Use. The proposed new daycare center, Lighthouse Academy,
will be relocating from its current operation in the Heartland Business Center to a portion of Lot 6 in
the Kendall Crossing development which has recently been subdivided into two (2) parcels through
the Plat Act exemption.
Plan Commission Action
The Plan Commission reviewed the Special Use request at a public hearing held on July 9,
2014 and made the following action on the motion below:
In consideration of testimony presented during a Public Hearing on July 9, 2014 and discussions
conducted at that meeting, the Plan Commission recommends approval to the City Council a
request for Special Use authorization within the B-2 General Business District of the Kendall
Crossing Planned Unit Development (PUD) for the purpose of allowing the construction of a new
Lighthouse Academy daycare center, as proposed by Willman and Groesch, as submitted in an
application dated May 19, 2014.
Action Item:
Lindblom-aye; Weaver-aye; Kraupner-aye, Jones-aye, Baker-aye; Prochaska-aye; Horaz-
aye
7ayes; 0 no
Attachments:
1. Draft Ordinance
2. Staff’s memorandum to the Plan Commission dated June 30, 2014.
3. Copy of Petitioner’s Application w/exhibits.
a. Legal Description
b. List of Surrounding Property Owners within 500 feet
c. Ordinance No. 2013-27 Approving a Development Agreement for Kendall Crossing
d. Plat of Part of Lot 6 Kendall Crossing PUD
e. Petitioner’s responses to the Special Use Standards
4. Ordinance No. 2012-40 Approving Preliminary Concept Plan for a Special Use Permit
Application of a Planned Unit Development (Kendall Crossing)
5. Kendall Crossing PUD- Final Plat
6. Geometric/Site Plan prepared by Koziol Engineering Services, dated 3/27/14.
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: July 15, 2014
Subject: PC 2014-10 – Lighthouse Academy Daycare Center
Lot 6 of Kendall Crossing PUD (Request for Special Use Permit)
7. Elevations prepared by Koziol and Brown Architects and Engineers, dated 3/25/14.
8. Draft of Mutual and Reciprocal Driveway and Maintenance Easement for Ingress and Egress
Purposes Agreement
9. Copy of Public Notice
Ordinance No. 2014-____
Page 1
Ordinance No. 2014- _____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, APPROVING A SPECIAL USE
FOR A DAYCARE CENTER
(Lighthouse Academy Daycare Center – Lot 6 Kendall Crossing)
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, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS
5/1-1-1, et seq.), the Mayor and City Council of the City (collectively, the “Corporate
Authorities”) may provide for the classification of special uses it its zoning ordinances;
and,
WHEREAS, pursuant to the United City of Yorkville Zoning Ordinance (the
“Zoning Code”), any person owning or having an interest in property may file an
application to use such land for one or more of the special uses provided for in the zoning
district in which the land is situated; and,
WHEREAS, Willman and Groesch (“the Applicant”) for the property located on
Lot 6 of the Kendall Crossing Planned Unit Development, legally described in Exhibit A,
attached to and made a part of this Ordinance (the “Subject Property”); and,
WHEREAS, under the authority of the Zoning Code, the Subject Property is
located in a designated B-2 General Business District, and a daycare center is allowed in
this district under a special use permit; and,
WHEREAS, the Corporate Authorities have received a request from the
Applicant for a special use permit for the Subject Property for a daycare center; and,
WHEREAS, a legal notice of publication regarding a public hearing before the
Plan Commission on the proposed special use permit was duly published in a newspaper
of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days
prior to the public hearing; and,
WHEREAS, notice to property owners within 500 feet of the Subject Property
identified for the special use permit was delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 9th
day of July 2014, on the question of the special use application; and,
WHEREAS, the Plan Commission reviewed the standards set forth in Section 10-
14-6(F) of the Zoning Code; and,
Ordinance No. 2014-____
Page 2
WHEREAS, the Plan Commission also considered the following factors set forth
in 10-15-5(C) of the Zoning Code; and,
WHEREAS, upon conclusion of said public hearing, the Plan Commission
recommended the approval of the special use for the Subject Property for a daycare
center.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The above recitals are incorporated herein and made a part of this
Ordinance.
Section 2: The Corporate Authorities hereby approve a special use for the
Subject Property located on Lot 6 of the Kendall Crossing Planned Unit Development as
described on Exhibit A, for use as a daycare facility.
Section 3: That the special use granted herein shall be constructed, operated and
maintained in accordance with the following plans, diagrams and conditions:
A. Geometric/Site Plan prepared by Koziol Engineering Services dated March
27, 2014, attached hereto and made a part hereof as Exhibit B,
B. Elevations prepared by Koziol and Brown Architects and Engineers dated
March 25, 2014, attached hereto and made a part hereof as Exhibit C,
C. Recording of a Mutual and Reciprocal Driveway and Maintenance Easement
for ingress and egress as attached hereto and made a part hereof as Exhibit D,
Section 4: This Ordinance shall be in full force and effect upon its passage,
approval, and publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
_____ day of ____________________, 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 ____________________, 2014.
______________________________
MAYOR
Ordinance No. 2014-____
Page 3
Exhibit A
Legal Description of Subject Property
(See attached)
Petitioner’s Request:
The applicant, Willman and Groesch, is seeking to amend the existing Kendall Crossing
Special Use Permit for Planned Unit Development (PUD) to identify a proposed new building with
the PUD and authorize the building’s user, a daycare center, as a special use within the commercial
development. Due to the development’s underlying zoning of B -2 General Business District, daycare
centers are allowed only as a Special Use. The proposed new daycare center, Lighthouse Academy,
will be relocating from its current operation in the Heartland Business Center to a portion of Lot 6 in
the Kendall Crossing development which has recently been subdivided into two (2) parcels through
the Plat Act exemption.
Project Background:
As the Plan Commission will recall, on November 5, 2012, via Ordinance 2012-40 (see
attached), the City Council approved a Special Use Permit for Planned Unit Development
specifically for the 38,500 square foot cinema complex and allowed for the subdivision of various
outlots within the Kendall Crossing commercial
development. This agreement authorized the
construction of the movie theater building only,
and granted relief from certain zoning and bulk
regulations related to that use.
Since the approving ordinance only
authorized uses that were outright permitted by
the current underlying zoning and no further
deviations were explicitly provided for within
the Special Use Permit, the request for the
proposed new daycare center requires additional
review and approval by the Plan Commission
and City Council, respectively. Approval is also
required for the proposed new building on the
recently subdivided lot.
Property/Project Description:
As proposed, the approximately 10,450
square foot one-story facility will be located on
an acre of land in Lot 6 of the Kendall Crossing
development. The site plan for the daycare
center also includes off-street parking as well as
an outdoor fenced play area. The remaining
acreage of Lot 6 will be developed for a future
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: June 30, 2014
Subject: PC 2014-10 – Lighthouse Academy Daycare Center
Lot 6 of Kendall Crossing PUD (Request for Special Use Permit)
user at a later date in accordance with the approved
Planned Unit Development (PUD).
Staff Comments:
Staff is supportive of the proposed new daycare
center within this B-2 General Business District zoned
planned unit development, as the same daycare center
operated without incident in a similar commercial
development and was complementary to the surrounding
retail uses.
While business districts are typically zoned for
uses that generate sales tax revenue, daycare centers
are considered service-based uses and rarely provide
local sales tax dollars. Due to this reasoning, the
location within a business district is subject to the
special use process to ensure it is the right fit within
the district which strives to maintain a balance
between sales tax generating and service-based uses.
After careful consideration of all these factors, the
petitioner and the PUD owner, is confident in the
positioning of the facility in this location.
The site plan has been reviewed by the City’s
engineering consultant and drainage, utilities and
ingress and egress to access roads have been or will be adequately met. Consideration of the
application for Special Use and the appropriateness of the use will be based upon the standards
for special use.
Standards for Special Use:
Section 10-14-6F of the City’s Zoning Ordinance establishes standards for special use
requests. No special use shall be recommended by the Plan Commission unless said commission
shall find that:
1. The establishment, maintenance or operation of the special use will not be unreasonably
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and impair
property values within the neighborhood.
3. The establishment of the special use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being
provided.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as to
minimize traffic congestion in the public streets.
6. The special use shall in all other respects conform to the applicable regulations of the district
in which it is located, except as such regulations may in each instance be modified by the
City Council pursuant to the recommendations of the Plan Commission.
The petitioner has provided responses to the above standards in their application for Special
Use which has been attached for your reference.
Proposed Motion:
In consideration of testimony presented during a Public Hearing on July 9, 2014 and discussions
conducted at that meeting, the Plan Commission recommends approval to the City Council a
request for Special Use authorization within the B-2 General Business District of the Kendall
Crossing Planned Unit Development (PUD) for the purpose of allowing the construction of a new
Lighthouse Academy daycare center, as proposed by Willman and Groesch, as submitted in an
application dated May 19, 2014, subject to {insert any additional conditions of the Plan
Commission}…
Attachments:
1. Copy of Petitioner’s Application w/exhibits.
a. Legal Description
b. List of Surrounding Property Owners within 500 feet
c. Ordinance No. 2013-27 Approving a Development Agreement for Kendall Crossing
d. Plat of Part of Lot 6 Kendall Crossing PUD
e. Petitioner’s responses to the Special Use Standards
2. Ordinance No. 2012-40 Approving Preliminary Concept Plan for a Special Use Permit
Application of a Planned Unit Development (Kendall Crossing)
3. Kendall Crossing PUD- Final Plat
4. Geometric/Site Plan prepared by Koziol Engineering Services, dated 3/27/14.
5. Elevations prepared by Koziol and Brown Architects and Engineers, dated 3/25/14.
6. Draft of Mutual and Reciprocal Driveway and Maintenance Easement for Ingress and Egress
Purposes Agreement
7. Copy of Public Notice
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-40
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING PRELIMINARY CONCEPT PLAN FOR A SPECIAL USE PERMIT APPLICATION
OF A PLANNED UNIT DEVELOPMENT FORA 38,500 SQUARE FOOT CINEMA COMPLEX
AND VARIOUS OUTLOTS
Kendall Crossing)
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 23`d day of October, 2012
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on November 20,2012.
Ordinance No. 2012- qo
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING PRELIMINARY CONCEPT PLAN FOR A SPECIAL USE PERMIT APPLICATION
OF A PLANNED UNIT DEVELOPMENT FORA 38,500 SQUARE FOOT CINEMA COMPLEX
AND VARIOUS OUTLOTS
Kendall Crossing)
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, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 511-1-1, et seq.),
the Mayor and City Council of the City (collectively, the "Corporate Authorities") may provide for the
classification of special uses in its zoning ordinances; and,
WHEREAS, pursuant to the Yorkville Zoning Ordinance (hereinafter referred to as the "Zoning
Code"), any person owning or having an interest in property may file an application to use such land for
one or more of the special uses provided for in the zoning district in which the land is situated; and,
WHEREAS, James G. Ratos of Yorkville, Illinois (hereafter "Developer"), is the contract
purchaser of the approximately 18.5-acre property located within the northwest quadrant of Illinois
Route 47 and US Route 34, Yorkville, Illinois, legally described in Exhibit A, attached to and made a
part of this Ordinance (the "Subject Property"); and,
WHEREAS, under the authority of the Zoning Code, the Subject Property is located in a
designated B-2 General Business District, and a planned unit development (PUD) is allowed in this
district as a special use pursuant to Section 10-13-2-C of the Zoning Code; and,
WHEREAS, the Corporate Authorities have received a request for preliminary concept plan
approval of a special use permit for the Subject Property as a planned unit development (PUD) for a
38,500 square foot cinema complex and various outlots from the Developer as depicted in a plan
prepared by RB & Associates Consulting Inc. dated September 10, 2012, attached as Exhibit B to this
ordinance; and,
WHEREAS, a legal notice of publication regarding a public hearing before the Plan
Commission on the proposed special use permit was duly published on October 1, 2012, in the Beacon
Newspaper, a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen
15) days prior to the public hearing; and,
WHEREAS, notice to property owners within 500 feet of the boundaries of the Subject Property
identified for the special use was delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 17`
x' day of
October 2012, on the question of the special use application; and,
WHEREAS, the Plan Commission reviewed the standards set forth in Section 10-14-6(F) of the
Zoning Code, and testimony provided during said public hearing; and,
Ordinance No. 2012-140
Page 2
WHEREAS, the Plan Commission prepared its written findings of fact which are contained
within the meeting minutes and in a memorandum to the City Council from the Community
Development Director dated October 18, 2012 attached hereto as Exhibit C and shall be incorporated
herein; and,
WHEREAS, the Plan Commission found that the preliminary concept plan for the special use
met the standards and recommended to the City Council the approval of the preliminary concept plan for
the Subject Property.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The Corporate Authorities hereby approve a preliminary concept plan for a special
use as a planned unit development of a 38,500 square foot cinema complex and various outlots as
depicted in Exhibit B for the Subject Property located within the northwest quadrant of Illinois Route 47
and US Route 34.
Section 3. That the preliminary concept plan approved herein shall be subject to the following
conditions:
1. The Developer must submit and obtain approval of Preliminary Plan or Final Plat for the
Subject Property within one (1) year from the date of this ordinance.
2. Authorization to vary from Section 10-1-3-C, the required off-street parking standards, to
permit parking spaces that are narrower in width than the minimum required 8.5 feet for 90
degree stalls and the Landscape Ordinance requirements to provide one (1) landscaped
islands for every 20 parking spaces, per staff s review and approval.
3. Authorization to vary from Section 10-11-4-B the number of required off-street parking stalls
to provide 418 spaces rather than 662 spaces as required.
4. Authorization to vary from Section 10-11-6-M, required off-street loading requirements, to
permit one(1) off-street loading dock for the theater, rather than the two (2) docks required.
5. Authorization to vary from the Subdivision Control Ordinance and stormwater management
requirements, subject to the review of final engineering plans and the recommendation(s) of
the City Engineer.
Section 4. 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
c2,3 day of QQT08P-k A.D. 2012.
600 - .
DEPuzy CITY CLERK
Ordinance No. 201244-0
Page 3
ROSE ANN SPEARS DIANE TEELING V
KEN KOCH JACKIE MILSCHEWSKI V
CARLO COLOSIMO MARTY MUNNS
LARRY KOT CHRIS FUNKHOUSER
T
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this J
day of 1J0VE1W 66-2 2012.
ti
MAYOR
Ordinance No. 2012--qt!
Page 4
2. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and impair
property values within the neighborhood.
Finding: The property was previously used as a very active retail center since the early
1970s until its demolition. The use for the Cinema will not in any way change the
commercial use or impact the surrounding ownership of properties. In fact it should increase
substantially the property values in the neighborhood by having a thriving commercial
district once again located in Countryside Center.
3. The establishment of the special use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
Finding: Same Answer.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being
provided.
Finding: Plans are currently being reviewed as to final design, and will provide adequate
access, drainage, and all utility facilities which are to the site.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as to
minimize traffic congestion in the public streets.
Finding: Same answer as to 4 above.
6. The special use shall in all other respects conform to the applicable regulations of the district
in which it is located, except as such regulations may in each instance be modified by the
City Council pursuant to the recommendations of the Plan Commission.
Finding: Other than the Planned Unit Development modifications indicated in the Staff
Report, and the installation of monument signage closely resembling the previous monument
signage that existed at Route 47 and Route 34, the proposal complies with all Ordinances of
the United City of Yorkville other than specifically modified by this PUD Amendment.
Staff Comments:
At this time the Petitioner is seeking Preliminary Concept Plan approval for a Special Use
permit as a PUD only and will return before the City Council at a later date with engineering plans for
Final Plat approval. For your reference, staff has attached a copy of the memorandum submitted to the
Plan Commission regarding this request, as well as a draft ordinance approving the Preliminary Concept
Plan. The petitioner will be present at Tuesday night's meeting to address the City Council.
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2014-10
NOTICE IS HEREWITH GIVEN THAT Willman and Groesch, Petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, requesting Special Use
Permit approval for a proposed new daycare center within the Kendall Crossing Subdivision and
a request for an amendment to the existing Kendall Crossing Planned Unit Development (PUD)
to identify the Lighthouse Academy daycare center on Lot 6 of said development. The real
property consists of an approximately 1 acre lot and is located north of US Route 34 at the
southwest corner of Illinois Route 47 and Countryside Parkway, in Yorkville, Illinois.
The legal description is as follows:
THAT PART OF LOT 6 IN KENDALL CROSSING PUD, UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS RECORDED AS DOCUMENT 201400003166 ON MARCH
7, 2014, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
SAID LOT 6; THENCE SOUTH 69°25'21" WEST, ALONG THE NORTH LINE OF SAID
LOT, 276.04 FEET TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH
30°45'15" EAST, ALONG THE WEST LINE OF SAID LOT, 44.10 FEET; THENCE
SOUTHERLY, ALONG THE WET LINE OF SAID LOT, BEING A CURVE TO THE RIGHT
WITH A RADIUS OF 1275.0 FEET AND A CHORD OF SOUTH 27°35'54" E 140.38 FEET,
AN ARC DISTANCE OF 140.45 FEET; THENCE NORTH 69°35'38" EAST, 241.36 FEET TO
THE EAST LINE OF SAID LOT 6; THENCE NORTH 20°23'40" WEST, ALONG THE EAST
LINE OF SAID LOT, 151.64 FEET; THENCE NORTHERLY, ALONG THE EAST LINE OF
SAID LOT, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 60.0 FEET AND A
CHORD OF NORTH 04°22'05" WEST 33.13 FEET, AN ARC DISTANCE OF 33.57 FEET TO
THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS.
P.I.N.# 02-28-104-037 (partial)
The application materials for the proposed Special Use and amended Planned Unit Development
(PUD) approval are on file with the City Clerk.
NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville
will conduct a public hearing on said application on Wednesday, July 9, 2014 at 7 p.m. at the
United City of Yorkville City Council Chambers, 800 Game Farm Road, Yorkville, Illinois,
60560.
The public hearing may be continued from time to time without further notice being published.
All interested parties are invited to attend the public hearing and will be given an opportunity to
be heard. Any written comments should be addressed to the United City of Yorkville City Clerk,
City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the
public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois.
BETH WARREN
City Clerk
By: Lisa Pickering
Deputy Clerk
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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
PC #2
Tracking Number
PC 2014-11
Alternative Energy Systems (Text Amendment)
City Council/July 22, 2014
Majority
Approval
Proposed amendment to Zoning Ordinance regarding Alternative Energy Systems
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
Summary:
The City of Yorkville is proposing to amend Title 10, Chapter 1 6: Wind Energy System and
Chapter 17: Small Wind Energy Systems of the Municipal Zoning Ordinance to consolidate these
provisions, along with provisions for solar energy systems, into a single new chapter entitled
“Alternative Energy Systems” for approval. The purpose of the proposed new chapter will regulate
small and large wind and solar systems in all districts by provi ding zoning parameters by which these
systems are installed and operated.
Overall, the most apparent change in the proposed new ordinance is the inclusion of solar
energy systems, which the former regulations did not address. Other revisions clear up
inconsistencies in the previous regulations which identified small wind energy systems as permitted,
but required a Plan Commission review and City Council approval. The proposed new code makes
clear these systems are either permitted out right uses and require no formal action other than a n
issuance of a building permit, or are considered special uses and require Plan Commission and City
Council authorization. Standards for granting special uses for these alternative energy systems have
also been incorporated into the proposed new ordinance.
Additionally, the previous ordinance had no specific aesthetic criteria (signage,
flicker/shadow effect regulations, etc…) for wind energy systems whereas the proposed new code
addresses these concerns. Finally, the proposed new ordinance contemplates the future use of more
than one unit of alternative energy systems on a property (wind or solar farms) as well as provides a
more sophisticated set of criteria for which to regulate construction methods, design elements and
bulk restrictions (e.g., height and setbacks).
Plan Commission Action
The Plan Commission reviewed the Text Amendment request at a public hearing held on July
9, 2014 and made the following action on the motion below:
Having Made Findings of Facts and consideration of testimony provided in a Public Hearing on
July 9, 2014, the Plan Commission recommends approval to the City Council of a request for text
amendment to Title 10, Chapters 16: Wind Energy Systems and Chapter 17: Small Wind Energy
Systems of the United City of Yorkville’s City Code, as presented by staff in a memorandum dated
July 2, 2014 and the attached draft revised title.
Action Item:
Lindblom-aye; Weaver-aye; Kraupner-aye, Jones-aye, Baker-aye; Prochaska-aye; Horaz-
aye
7ayes; 0 no
Attachments:
1. Draft Ordinance
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: July 15, 2014
Subject: PC 2014-11 – Alternative Energy Systems (Text Amendment)
Chapter 16: Wind Energy Systems & Chapter 17: Small Wind Energy
Systems
2. Staff’s memorandum to the Plan Commission dated July 2, 2014.
3. Proposed New Title 10, Chapter 16: Alternative Energy Systems of the United City of
Yorkville’s Municipal Zoning Ordinance.
4. Current Title 10, Chapter 16: Wind Energy Systems of the United City of Yorkville’s
Municipal Zoning Ordinance.
5. Current Title 10, Chapter 17: Small Wind Energy Systems of the United City of Yorkville’s
Municipal Zoning Ordinance.
6. Copy of Public Notice.
Ordinance No. 2014-____
Page 1
Ordinance No. 2014- _____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AMENDING THE YORKVILLE ZONING ORDINANCE BY ADOPTING
NEW REGULATIONS FOR WIND ENERGY SYSTEMS
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 10-14-7 of the Yorkville Zoning Ordinance the City
may initiate amendments to the Yorkville Zoning Ordinance; and,
WHEREAS, the City filed seeking an amendment to the Yorkville Zoning Ordinance to
comprehensively amend the method and procedures for the consideration of wind energy
systems in the zoning districts of the Yorkville Zoning Ordinance; and,
WHEREAS, the Plan Commission convened and held a public hearing on July 9, 2014,
to consider the request to amend the regulations for wind energy systems and made Findings of
Fact and Recommendation to the City Council to approve the requested text amendment.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The above recitals are incorporated and made a part of this Ordinance.
Section 2: That Chapter 16, Wind Energy Systems and Chapter 17, Small Wind Energy
Systems of Title 10, the Yorkville Zoning Ordinance, of the Yorkville City Code, as amended,
be and are hereby repealed.
Section 3: That Title 10, the Yorkville Zoning Ordinance, of the Yorkville City Code be
and is hereby amended by adding Chapter 16 attached hereto and made a part hereof as Exhibit
“A”.
Section 4: Each section, clause and provision of this Ordinance shall be considered as
separable, and the invalidity of one or more shall not have any effect upon the validity of other
sections, clauses or provisions on this Ordinance.
Section 5: This Ordinance shall be in full force and effect upon its passage, approval, and
publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _____
day of ___________________, 2014.
______________________________
CITY CLERK
Ordinance No. 2014-____
Page 2
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 ___________________, 2014.
______________________________
MAYOR
Background:
Since the spring of 2010, staff and the Zoning Commission has held regular monthly meetings
devoted to completing a full review of the current zoning ordinance and drafting proposed revisions
on a chapter by chapter basis. To date, the Zoning Commission has finalized its comprehensive
updates to the structure and content of the zoning ordinance and proposed amendments to the
administrative and enforcement aspects to bring it more in line with the actual practices and
processes of the City.
At the conclusion of the Zoning Commission’s review, a final written assessment report will be
submitted to the City Council along with a recommendation for adoption of the new zoning
ordinance as part of a public hearing process. However, due to the significance and urgency to update
certain sections of the zoning ordinance sooner rather than later, staff will bring those proposed
revised chapters before the Plan Commission for immediate text amendment approval.
In 2012, the Planned Unit Development (PUD) Ordinance was the first chapter proposed for
comprehensive text amendment consideration and approved via Ord. 2012-19. With the recent award
of a grant from the Illinois Clean Energy Community Foundation to the Yorkville Consolidated
School District #115 for the installation of a new small scale wind turbine system at the Yorkville
Middle School, staff believes this is the appropriate time to adopt this ordinance now rather than
later.
Proposed Text Amendment:
The City of Yorkville is proposing to amend Title 10, Chapter 16: Wind Energy System and
Chapter 17: Small Wind Energy Systems of the Municipal Zoning Ordinance to consolidate these
provisions, along with provisions for solar energy systems, into a single new chapter entitled
“Alternative Energy Systems” for approval. The purpose of the proposed new chapter will regulate
small and large wind and solar systems in all districts by providing zoning parameters by which these
systems are installed and operated.
As proposed, the following use categories for Alternative Energy Systems would be allowed
and defined as follows:
USE CATEGORY DEFINITION
Wind Farms More than one Freestanding Wind Energy Systems on a
given site, constructed for the commercial generation of
electrical power.
Freestanding Wind Energy Systems
(FWES)
Free-standing, tower-mounted Wind Energy Systems
with a system height measuring less than 175 ft. from the
ground. These facilities are accessory structures that
generate power for local distribution and consumption.
Generators typically range from 1 kW to 100 kW in
nameplate wattage.
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: July 2, 2014
Subject: PC 2014-11 – Alternative Energy Systems (Text Amendment)
Chapter 16: Wind Energy Systems & Chapter 17: Small Wind Energy
Systems
Building Mounted Wind Energy Systems
(BWES)
Wind Energy Systems that are structurally attached either
onto the roof of or to the side of a building.
Solar Farms More than one Freestanding Solar Energy Systems on a
given site, constructed for the commercial generation of
electrical power.
Freestanding Solar Energy Systems
(FSES)
Free-standing, ground-mounted Solar Energy System,
including appurtenances, which converts solar energy to a
usable form of energy to meet all or part of the energy
requirements of the on-site user.
Building Mounted Solar Energy Systems
(BSES)
A Solar Energy System that is an integral part of a
principal or accessory building, rather than a separate
mechanical device, replacing or substituting for an
architectural or structural component of the building.
Building mounted systems include, but are not limited to
solar energy systems contained within roofing materials,
windows, skylights and awnings.
Alternative Energy Systems will primarily be identified as Special Uses in most zoning
districts (Agriculture, Residential, Business and Manufacturing) with the exception of Building
Mounted Solar Energy Systems, which would be permitted outright in all zoning districts.
General Requirements
Under the general requirements, staff addresses such approval process and operational
requirements for wind and solar energy systems. Of significant difference from the previous chapters,
the new consolidated alternative energy chapter provides specific standards for granting a Special
Use permit for these systems establishing general guidelines for determining if the intent of the
chapter is met. Additional criteria under these regulations are provided with regards to signage,
lighting, screening and design.
Wind Energy Systems
The proposed regulations for wind energy systems establishes certain zoning requirements
such as permitted yard locations, minimum setback distances, height standards, accessibility
restrictions and noise limits.
Solar Energy Systems
The proposed regulations for solar energy systems also establishes similar zoning
requirements such as permitted location, setbacks and height restrictions as the Wind Energy
Systems; however, this section also restricts the quantity and projection of building mounted solar
energy systems.
Staff Comments & Recommendations:
In reviewing the current Wind Energy and Small Wind Energy Systems chapters of the
Zoning Code and making recommendations for the proposed new Alternative Energy Systems
chapter, staff analyzed other surrounding community regulations, consulted with the City’s Attorney
and sought guidance from renewable energy professionals to ensure compliance with current Illinois
zoning laws and best management practices were incorporated into the new chapter. It should be
noted, that since the Zoning Commission’s last review of this chapter, minor revisions and tweaks to
this draft ordinance has been made as requested and to provide a full and encompassing set of
regulations.
Therefore, it is Staff’s recommendation the Plan Commission to recommend approva l of the
proposed text amendment to the zoning ordinance regarding Alternative Energy Systems as
presented. A copy of the existing chapters and proposed new chapter has been attached for your
reference.
Proposed Motion:
Having Made Findings of Facts and consideration of testimony provided in a Public Hearing on
July 9, 2014, the Plan Commission recommends approval to the City Council of a request for text
amendment to Title 10, Chapters 16: Wind Energy Systems and Chapter 17: Small Wind Energy
Systems of the United City of Yorkville’s City Code, as presented by staff in a memorandum dated
July 2, 2014 and the attached draft revised title, and further subject to {insert any additional
conditions of the Plan Commission}…
Attachments:
1. Proposed New Title 10, Chapter 16: Alternative Energy Systems of the United City of
Yorkville’s Municipal Zoning Ordinance.
2. Current Title 10, Chapter 16: Wind Energy Systems of the United City of Yorkville’s
Municipal Zoning Ordinance.
3. Current Title 10, Chapter 17: Small Wind Energy Systems of the United City of Yorkville’s
Municipal Zoning Ordinance.
4. Copy of Public Notice.
[United City of Yorkville Zoning Ordinance] [1]
10-16-3: Definitions
Wind Farm: More than one Freestanding Wind Energy Systems on a given site, constructed for the commercial generation
of electrical power.
Freestanding Wind Energy System (FWES): Free-standing, tower-mounted Wind Energy Systems with a system height
measuring less than 175 ft. from the ground. These facilities are accessory structures that generate power for local
distribution and consumption. Generators typically range from 1 kW to 100 kW in nameplate wattage.
Building Mounted Wind Energy Systems (BWES): Wind Energy Systems that are structurally attached either onto the roof
of or to the side of a building.
Solar Farms: More than one Freestanding Solar Energy Systems on a given site, constructed for the commercial generation
of electrical power.
Freestanding Solar Energy Systems (FSES): Free-standing, ground-mounted Solar Energy System, including appurtenances,
which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user.
Building Mounted Solar Energy Systems (BSES): A Solar Energy System that is an integral part of a principal or accessory
building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component
of the building. Building mounted systems include, but are not limited to solar energy systems contained within roofing
materials, windows, skylights and awnings.
Chapter 16
Alternative Energy Systems
10-16-1: Purpose
The purpose of this Chapter is to regulate alternative energy systems and to promote their effective and efficient use.
The regulations are intended to achieve the following:
A. Provide zoning regulations to guide the installation and operation of renewable energy systems;
B. Accommodate sustainable energy production from renewable energy sources;
C. Preserve the aesthetics of the zoning districts in the interest of property values, public health, safety, and
general welfare.
10-16-2: Permitted Zoning
Zoning Districts
Ag Residential Business
Manufacturing
Use Category
A-1 Estate R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Wind Farm S - - - - - - S - - - - - -
Freestanding Wind Energy
System (FWES) S S S S - - - S - - - - S S
Building Mounted Wind
Energy Systems (BWES) S S S S S S S S S S S S S S
Solar Farm S - - - - - - S - - - - - -
Building Mounted Solar
Panels (BSES) P P P P P P P P P P P P P P
Free Standing Solar Panels
(FSES) - S S S S S S S S S S S S S
[United City of Yorkville Zoning Ordinance] [2]
Chapter 16: Alternative Energy Systems
10-16-4: General Requirements
A. Applicability: The provisions of this chapter are to establish zoning parameters by which Solar and Wind
Energy Systems may be installed in the City. Additional renewable energy solutions not mentioned herein
may be authorized subject to compliance with the applicable codes and standards of the City.
B. Approval Process: All Alternative Energy Systems shall require a building permit prior to installation.
Installation of Alternative Energy Systems may require a Special Use Permit; refer to Table 10.16.01 in this
Chapter of the Zoning Ordinance.
C. Standards for Granting a Special Use:
1. The City Council shall determine that the application has met all of the general requirements of this
chapter.
2. The proposed energy system shall further the intent of this Chapter and provide renewable energy to the
property on which it is proposed.
3. The proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent
residential uses through siting on the lot, selection of appropriate equipment, and other applicable means.
4. The establishment for the proposed alternative energy system will not prevent the normal and orderly use,
development or improvement of the adjacent property for uses permitted in the district.
D. Use: Alternative Energy Systems shall be an accessory to the principal permitted use of a site.
E. Abandoned Systems: All Alternative Energy Systems inactive or inoperable for twelve (12) continuous
months shall be deemed abandoned. If the system is deemed abandoned, the owner is required to repair or
remove the system from the property at the owner’s expense within ninety (90) days after notice from the
City. If the owner does not comply with said notice, the Building Code Official shall enforce this as a violation
of the Yorkville Zoning Ordinance.
F. Signage: No commercial signage or attention-getting device is permitted on any Alternative Energy System.
One (1) sign shall be permitted to indicate the emergency contact information of the property owner or
operator. Said sign shall not exceed four (4) square feet in size and should be readable from a thirty (30) foot
distance from any direction.
G. Utility Service Provider: Evidence that the electric utility service provider that serves the proposed site has
been notified of the owner’s intent to install an interconnected customer-owned electricity generator.
H. Safety: All wind energy systems shall be equipped with manual and/or automatic controls and mechanical
brakes to limit rotation of blades to prevent uncontrolled rotation.
I. Lighting: All Alternative Energy Systems shall not be illuminated, except as required by the FAA.
J. Shadow Flicker: Defined as the on-and-off strobe light effect caused by the shadow of moving turbine blades
cast by the sun passing though the rotating turbine. No habitable portion of an existing adjacent structure
shall be subject to Shadow Flicker from a wind turbine. Shadow Flicker onto an adjacent roof and/or exterior
wall which does not contain any windows, doors, and like openings shall be acceptable. If Shadow Flicker
occurs, the operation of the wind turbine shall cease during those times which cause the Shadow Flicker.
K. Screening: There shall be no required mechanical screening for Alternative Energy Systems.
L. Design: Wind energy systems and associated tower shall be a non-reflective color. The city council may
impose such conditions as are necessary to eliminate, if at all possible, any adverse affects such system may
have on surrounding properties.
[United City of Yorkville Zoning Ordinance] [3]
M. Compliance: Wind energy systems shall meet or exceed current standards of the international building code
and federal aviation administration (FAA) requirements, any other agency of the state or federal government
with the authority to regulate wind energy systems, and all city codes.
N. Building Code/Safety Standards: Any owner or operator of an alternative energy system shall maintain said
system in compliance with the standards contained in the current and applicable state or local building codes
and any applicable standards for said energy systems that are published by the international building code, as
amended from time to time. If, upon inspection, the United City of Yorkville concludes that an alternative
energy system fails to comply with such codes and standards and constitutes a danger to persons or property,
the city code official shall require immediate removal of the system at the owner's expense.
Figure 10-16-5A
Chapter 16: Alternative Energy Systems
C. Permitted Yard Locations
Freestanding wind energy systems shall not be located within the required front yard or corner side yard.
They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public
easement.
D. Height
The maximum height for a freestanding wind energy system shall be one-hundred seventy five feet (175’)
measured from the base to the highest edge of the system.
E. Setbacks
The base of the system shall be setback 1.1 times (110%) the height of the highest edge of the system from all
property lines, overhead utility line poles, communication towers, public sidewalks or trails, public rights-of-
way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located
within any required setbacks of the respective zoning district.
F. Access
Freestanding wind energy systems and all components shall be protected against unauthorized access by the
public. Climbing access to the tower shall not start until twelve (12) feet above grade.
G. Noise
Freestanding wind energy systems shall not exceed the following:
1. Fifty-five (55) dBA when in or adjacent to all residential districts.
2. Sixty (60) dBA when in or adjacent to all non-residential districts.
10-16-5: Freestanding Wind Energy Systems
A. Location
Please refer to Table 10.16.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy
Systems within each specified zoning district.
B. Clearance
In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is
fifteen (15) feet. See Figure 10-16-5A
[United City of Yorkville Zoning Ordinance] [4]
Figure 10-21-4A Figure 10-16-6A
10-16-6: Building Mounted Wind Energy Systems
A. Location
Please refer to Table 10.16.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy
Systems within each specified zoning district. Building mounted wind energy systems are allowed on all
principal and accessory structures and shall be affixed to the roof deck of a flat roof or to the ridge or slope
of a pitched roof and may not be affixed to the parapet or chimney of any structure. The systems must be set
back a minimum of five (5) feet from the edge or eave of the roof.
B. Quantity
One (1) turbine is allowed for every 500 square feet of the combined roof area. For a pitched roof, each
surface of the roof shall be included in the roof area calculation.
C. Noise
Building mounted wind energy systems shall not exceed the following:
1. Fifty-five (55) dBA when in or adjacent to all residential districts.
2. Sixty (60) dBA when in or adjacent to all non-residential districts.
D. Height
The maximum height for a building mounted wind energy system is fifteen (15) feet. The system is measured
from the roof surface on which the system is mounted to the highest edge of the system with the exception
of any roof pitches 10:12 or greater. They system shall not exceed fifteen (15) feet above the maximum
permitted height of the zoning district. Refer to Figure 10-16-6A.
Chapter 16: Alternative Energy Systems
10-16-7: Freestanding Solar Energy Systems
A. Location
Please refer to Table 10.16.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy
Systems within each specified zoning district.
B. Setbacks
All parts of any freestanding solar energy system shall be set back eight (8) feet from the interior side and
interior rear property lines.
C. Permitted Yard Locations
Freestanding solar energy systems shall not be located within the required front yard or corner side yard.
They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public
easement.
D. Clearance
Minimum clearance between the lowest point of the system and the surface on which the system is
mounted is ten (10) feet. Refer to Figure 10-16-7A.
[United City of Yorkville Zoning Ordinance] [5]
Figure 10-19-8A
10-16-8: Building Mounted Solar Energy Systems
A. Location
Please refer to Table 10.16.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy
Systems within each specified zoning district. Building mounted solar energy systems are allowed on the
principal and accessory structures, any roof face and side and rear building facades. The systems are allowed
on the front or exterior side building facades if the following conditions are met:
1. Solar access is optimized on the front and exterior side facades.
2. Systems are simultaneously used to shade the structure’s doors or windows. See Figure 10-16-8C
B. Height
Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitched roof. Nor shall the
system extend beyond four (4) feet parallel to the roof surface of a flat roof. If the system is flush mounted,
the system must be less than four (4) inches from the roof surface. Refer to Figure 10-16-8A.
C. Quantity
The total square footage may not exceed the total area of the roof surface of the structure to which the
system is attached.
D. Projection
The system may project up to four (4) feet from a building façade or roof edge. The system may project into
an interior side or interior rear setback, but shall be no closer than five (5) feet to the interior side or interior
rear property line. Refer to Figure 10-16-8B.
Chapter 16: Alternative Energy Systems
Figure 10-21-5A Figure 10-16-7A
[United City of Yorkville Zoning Ordinance] [6]
10-16-9: Permitting and Fees
A. Permitting:
1. The installation of any alternative energy system requires a building permit from the United City of Yorkville.
2. In order to receive permit, alternative energy systems must be approved by an alternative energy
certification program.
3. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for
any and all enforcement costs and remediation costs resulting from any violations of this chapter. These
costs include, but are not limited to, removal of system, property restoration necessary upon removal of the
system, city legal expenses and hearing costs associated with violations of this chapter.
4. A permit is valid for two (2) years following issuance or renewal. At the end of the two (2) year period, the
alternative energy system must be inspected by the city code official. Following inspection, the code official
will:
a. Renew the permit if found to be in compliance with this chapter, or
b. Order any actions necessary for the alternative energy system to be in compliance with this chapter;
or
c. Determine the system abandoned per section 10-16-4.
B. Engineering:
1. Manufacturer’s engineering specifications of the tower, turbine and foundation, detailed drawing of
electrical components and installation details, and expected noise level production.
2. For turbines greater than twenty (20 kW) kilowatts of nameplate capacity, an Illinois licensed structural
engineer’s seal shall be required.
3. All FWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per
hour, with an impact pressure of forty (40) pounds per square foot.
4. Each FWES shall conform to applicable industry standards, including those of the American National
Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment
manufacturers have obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories
(NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.
Figure 10-16-8B Figure 10-19-8C
Chapter 16: Alternative Energy Systems
[United City of Yorkville Zoning Ordinance] [7]
5. Turbines greater than 100 ft. total height or greater than 5,000 lbs structural weight shall require a soil analysis at
base of the tower and a stamped drawing by an Illinois licensed Structural Engineer. Structural weight shall be
defined as the tower, wind turbine generator, and any other component(s) otherwise supported by the base
foundation.
6. Proof of homeowner, farm or business insurance, as appropriate, shall be submitted.
C. Fees:
A. If applicable, alternative energy systems will be subject to the fee schedule for special use applications as defined
by Section 1-7-9 of this title. Said fee will be payable per alternative energy system at the time of the application
submittal by the petitioner.
B. In addition, alternative energy systems will be subject to a one hundred fifty dollar ($150.00) building permit fee.
The permit fee will be payable at the time of the application submittal by the petitioner.
Chapter 16: Alternative Energy Systems
Chapter 16
WIND ENERGY SYSTEMS
10-16-1: PRINCIPLES:
10-16-2: GENERAL PURPOSE:
10-16-3: SCOPE:
10-16-4: DEFINITIONS:
10-16-5: GENERAL PROVISIONS:
10-16-6: ROOFTOP WIND ENERGY SYSTEM:
10-16-7: OTHER WIND ENERGY SYSTEMS:
10-16-1: PRINCIPLES:
The provisions of this chapter recognize that:
A. There is a significant relationship between wind energy systems and public safety and the value,
quality of life and economic stability of adjoining property and overall community.
B. Wind energy systems are a very visible element of the public environment and as such should
meet the same high standards of quality set for other forms of development in the community.
(Ord. 2009-41, 8-11-2009)
10-16-2: GENERAL PURPOSE:
A. The regulation of wind energy systems by this chapter is intended to promote and protect the
public health, safety and welfare by:
1. Requiring the installation of wind energy systems to be consistent with current property development
standards of the city.
2. Protecting the general public from damage and injury which may be caused by the faulty and
uncontrolled and inappropriate use of wind energy systems in the city.
B. Accordingly, it is deemed necessary and in the public interest to regulate wind energy systems.
To this end, this chapter:
1. Regulates the size, location, installation, maintenance and other pertinent features of wind energy
systems.
2. Provides for effective administration and enforcement of these regulations. (Ord. 2009-41, 8-11-
2009)
10-16-3: SCOPE:
The regulations of this chapter shall govern and control the site design, erection, enlargement,
expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems
defined by this chapter within the united city of Yorkville.
The regulations of this chapter relate to the location of wind energy systems, by function and type,
within zoning districts and shall be in addition to provisions of the international building code,
national electrical code, federal aviation administration (FAA) requirements, and all federal and state
statutes, laws, rules, and regulations and all city codes. (Ord. 2009-41, 8-11-2009)
10-16-4: DEFINITIONS:
ROOFTOP WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind
turbine, a tower or post, and associated control or conversion electronics, which has a rated capacity
of not more than ten (10) kW, and which is intended to primarily reduce on site consumption of utility
power.
WIND ENERGY SYSTEM: Equipment that converts and then stores or transfers energy from the
wind into usable form of electric energy, commonly referred to as a wind turbine. This equipment
includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire,
inverter, batteries, or other component used in the system. (Ord. 2009-41, 8-11-2009)
10-16-5: GENERAL PROVISIONS:
A. Permitting:
1. The installation of any wind energy system requires a building permit from the united city of Yorkville.
2. In order to receive permit, wind energy systems must be approved by a small wind certification
program recognized by the American Wind Energy Association such as the emerging renewables
program of the California energy commission or the small wind certification council.
3. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be
responsible for any and all enforcement costs and remediation costs resulting from any violations of
this chapter. These costs include, but are not limited to, removal of system, property restoration
necessary upon removal of the system, city legal expenses and hearing costs associated with
violations of this chapter.
4. A permit is valid for two (2) years following issuance or renewal. At the end of the two (2) year
period, the wind energy system must be inspected by the city code official. Following inspection, the
code official will:
a. Renew the permit if found to be in compliance with this chapter, or
b. Order any actions necessary for the wind energy system to be in compliance with this chapter; or
c. Determine the system abandoned per subsection G of this section.
B. Compliance: Wind energy systems shall meet or exceed current standards of the international
building code and federal aviation administration (FAA) requirements, any other agency of the
state or federal government with the authority to regulate wind energy systems, and all city
codes.
C. Building Code/Safety Standards: Any owner or operator of a wind energy system shall maintain
said system in compliance with the standards contained in the current and applicable state or
local building codes and any applicable standards for wind energy systems that are published by
the international building code, as amended from time to time. If, upon inspection, the united city
of Yorkville concludes that a wind energy system fails to comply with such codes and standards
and constitutes a danger to persons or property, the city code official shall require immediate
removal of the system at the owner's expense.
D. Noise: The maximum noise level allowed for all wind energy systems shall not exceed fifty five
(55) decibels at frequency of one hundred twenty five (125) hertz measured at all property lines.
E. Fencing: Requirements will be evaluated with each individual wind energy system application.
Fencing requirements will be determined by, but not limited to, location of the system, system
type, system design, and location of electrical equipment.
F. Design: Wind energy systems shall be painted a nonreflective color that conforms to the
architecture of the structure to which it is attached.
G. Abandoned Systems: All abandoned or unused wind energy systems shall be deemed a
nuisance and the united city of Yorkville may act after one month of the cessation of operations
unless an extension is approved by the city council. If an extension is not approved, the city may
act to abate such nuisance and require its removal at the property owner's expense. After the
wind energy system is removed, the owner of the property shall restore the site to its original
condition, or to an approved improved condition within thirty (30) days of removal. (Ord. 2009-41,
8-11-2009)
10-16-6: ROOFTOP WIND ENERGY SYSTEM:
A. Permitted Use: Rooftop wind energy systems shall be considered allowable in all zoning districts
except F-1 floodplain district.
B. Fees:
1. Permitting Fees:
a. Rooftop wind energy systems will be subject to a one hundred dollar ($100.00) building permit fee.
The permit fee will be payable at the time of the application submittal by the petitioner.
C. Mounting: All rooftop wind energy systems shall be controlled in a manner consistent with local
building code and as approved by the city code official. A rooftop wind energy system shall be
mounted upon the rear face of a sloped roof or to the side or rear facade of a structure.
Freestanding towers are prohibited.
D. Height: The maximum height of a rooftop wind energy system is eight feet (8') above the highest
point of the roofline of the structure it is mounted upon regardless of the zoning district height
requirement.
E. Diameter: The maximum diameter of the blades or rotor shall be five feet (5').
F. Quantity:
1. Residential Districts: Only one rooftop wind energy system is allowed per property.
2. Commercial, Manufacturing And Agriculture Districts: Only one rooftop wind energy system is
allowed per property. Any additional rooftop wind energy systems desired by the petitioner shall
require special use approval and subject to the special use provisions contained within section 10-
14-6 of this title and applications for special use approval shall be subject to the procedures and
requirements of this title. (Ord. 2009-41, 8-11-2009)
10-16-7: OTHER WIND ENERGY SYSTEMS:
A. Special Use: A wind energy conversion system having a rated capacity of more than ten (10) kW
shall require special use approval and be subject to the special use provisions contained within
section 10-14-6 of this title. (Ord. 2009-41, 8-11-2009)
Chapter 17
SMALL WIND ENERGY SYSTEMS
10-17-1: PRINCIPLES:
10-17-2: GENERAL PURPOSE:
10-17-3: SCOPE:
10-17-4: DEFINITION:
10-17-5: GENERAL PROVISIONS FOR SMALL WIND ENERGY SYSTEMS:
10-17-6: SYSTEM REGULATIONS:
10-17-1: PRINCIPLES:
The provisions of this chapter recognize that:
A. There is a significant relationship between wind energy systems and public safety and the value,
quality of life and economic stability of adjoining property and overall community.
B. Wind energy systems are a very visible element of the public environment and as such should
meet the same high standards of quality set for other forms of development in the community.
(Ord. 2009-58, 10-13-2009)
10-17-2: GENERAL PURPOSE:
A. The regulation of wind energy systems by this chapter is intended to promote and protect the
public health, safety and welfare by:
1. Requiring the installation of wind energy systems to be consistent with current property development
standards of the city.
2. Protecting the general public from damage and injury which may be caused by the faulty and
uncontrolled and inappropriate use of wind energy systems in the city.
B. Accordingly, it is deemed necessary and in the public interest to regulate wind energy systems.
To this end, this chapter:
1. Regulates the size, location, installation, maintenance and other pertinent features of wind energy
systems.
2. Provides for effective administration and enforcement of these regulations. (Ord. 2009-58, 10-13-
2009)
10-17-3: SCOPE:
The regulations of this chapter shall govern and control the site design, erection, enlargement,
expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems
defined by this chapter within the united city of Yorkville.
The regulations of this chapter relate to the location of wind energy systems, by function and type,
within zoning districts and shall be in addition to provisions of the international building code,
national electrical code, federal aviation administration (FAA) requirements, and all federal and state
statutes, laws, rules, and regulations and all city codes. (Ord. 2009-58, 10-13-2009)
10-17-4: DEFINITION:
SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a
tower, and associated control or conversion electronics, which has a rated capacity of not more than
one hundred (100) kW, and which is intended to primarily reduce on site consumption of utility
power. (Ord. 2009-58, 10-13-2009)
10-17-5: GENERAL PROVISIONS FOR SMALL WIND ENERGY SYSTEMS:
A. Permitting:
1. The installation of any wind energy system requires a building permit from the united city of Yorkville.
2. In order to receive permit, wind energy systems must be approved by a small wind certification
program recognized by the American Wind Energy Association such as the emerging renewables
program of the California energy commission or the small wind certification council.
3. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be
responsible for any and all enforcement costs and remediation costs resulting from any violations of
this chapter. These costs include, but are not limited to, removal of system, property restoration
necessary upon removal of the system, city legal expenses and hearing costs associated with
violations of this chapter.
4. A permit is valid for two (2) years following issuance or renewal. At the end of the two (2) year
period, the wind energy system must be inspected by the city code official. Following inspection, the
code official will:
a. Renew the permit if found to be in compliance with this chapter, or
b. Order any actions necessary for the wind energy system to be in compliance with this chapter; or
c. Determine the system abandoned per subsection G of this section.
B. Compliance: Wind energy systems shall meet or exceed current standards of the international
building code and federal aviation administration (FAA) requirements, any other agency of the
state or federal government with the authority to regulate wind energy systems, and all city
codes.
C. Building Code/Safety Standards: Any owner or operator of a wind energy system shall maintain
said system in compliance with the standards contained in the current and applicable state or
local building codes and any applicable standards for wind energy systems that are published by
the international building code, as amended from time to time. If, upon inspection, the united city
of Yorkville concludes that a wind energy system fails to comply with such codes and standards
and constitutes a danger to persons or property, the city code official shall require immediate
removal of the system at the owner's expense.
D. Noise: The maximum noise level allowed for all wind energy systems shall not exceed fifty five
(55) decibels at frequency of one hundred twenty five (125) hertz measured at all property lines.
E. Fencing: Requirements will be evaluated with each individual wind energy system application.
Fencing requirements will be determined by, but not limited to, location of the system, system
type, system design, and location of electrical equipment.
F. Design: Wind energy systems and associated tower shall be a nonreflective color. The city council
may impose such conditions as are necessary to eliminate, if at all possible, any adverse affects
such system may have on surrounding properties.
G. Abandoned Systems: All abandoned wind energy systems shall be deemed a nuisance and the
united city of Yorkville may act after one month of the cessation of operations unless an
extension is approved by the city council. If an extension is not approved, the city may act to
abate such nuisance and require its removal at the property owner's expense. After the wind
energy system is removed, the owner of the property shall restore the site to its original
condition, or to an approved improved condition within thirty (30) days of removal. (Ord. 2009-58,
10-13-2009)
10-17-6: SYSTEM REGULATIONS:
Example of a small wind energy system in Oak Hills, CA. Courtesy of Bergey Windpower
A. Special Use: Small wind energy systems shall be considered a special use in A-1 agricultural
district, estate district, B-4 business district, M-1 limited manufacturing district, M-2 general
manufacturing district, and PUD planned unit development district as defined by this title. Special
use requests shall be subject to the special use provisions contained within section 10-14-6 of
this title and applications for special use permits shall be subject to the procedures and
requirements of this title, except as modified in this chapter.
B. Approval: All small wind energy systems shall be subject to site plan approval, requiring review
and recommendation by the united city of Yorkville plan commission and approval by the united
city of Yorkville city council. Also, in granting a special use permit the plan commission may
recommend conditions to the city council, and the city council may impose such conditions as
are necessary to minimize any adverse effect of the proposed small wind energy system on
adjoining properties.
C. Fees:
1. Permitting Fees:
a. Small wind energy systems will be subject to the fee schedule for special use applications as defined
by section 10-14-9 of this title. Said fee will be payable per wind energy system at the time of the
application submittal by the petitioner.
b. In addition, small wind energy systems will be subject to a one hundred fifty dollar ($150.00) building
permit fee. The permit fee will be payable at the time of the application submittal by the petitioner.
D. Ground Clearance: The tip of any blade shall, at its lowest point, have ground clearance of not
less than fifteen feet (15') or one-third (1/3) of the tower height, whichever is greater,
aboveground at the base of the tower.
E. Distance:
1. The minimum distance between a small wind energy system from all property lines, aboveground
utility lines, and roadways shall be a distance equivalent to 1.1 times the total height of the system.
2. Any application which is a part of a small wind energy system, including guywires, shall be set back
from all property lines no less than thirty feet (30').
F. Height: All small wind energy systems will be bound by the height restrictions as established per
zoning district as defined by this title.
G. Yard: Small wind energy systems shall not be permitted in any front yard area as defined by this
title. (Ord. 2009-58, 10-13-2009)
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2014-11
NOTICE IS HEREWITH GIVEN THAT The United City of Yorkville, petitioner,
has filed an application with the United City of Yorkville, Kendall County, Illinois ,
requesting a text amendment deleting Chapter 17: Small Wind Energy Systems in
the Zoning Ordinance and replacing it with a new Alternative Energy Systems
chapter. This text amendment will provide regulations for the installation and
operation of wind energy and solar energy systems.
NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City
of Yorkville will conduct a public hearing on said application on Wednesday, July
9, 2014 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game
Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without
further notice being published.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard. Any written comments should be addressed to the United
City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois,
and will be accepted up to the date of the public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall
County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk
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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
PC #3
Tracking Number
PC 2014-13
Kendall Crossing Monument Signs (PUD Amendment)
City Council/July 22, 2014
Majority
Approval
Proposed amendment to the Kendall Crossing PUD regarding new monument signs.
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
Summary:
The City has received an application from Kendall Crossing, LLC seeking an amendment to the
Kendall Crossing Subdivision Planned Unit Development (PUD) to install two (2) new monument signs with
tenant panels within the existing driveway medians of the commercial retail property at the intersections of
US Route 34 (Veterans Parkway) and Center Parkway, and IL Route 47 (Bridge Street) and Countryside
Parkway.
As part of staff’s comments and the Plan Commission’s recommendation, the Pe titioner has agreed to
clad the base of the signs in a natural stone material to remain consistent with the regulations of the sign
ordinance and complement the existing movie cinema building. Attached is the revised sign plan which
illustrates the proposed new detail.
Finally, it was noted in Staff’s memorandum that the location of the proposed signs in the existing
medians will be on private property. According to the Petitioner, the original developer of the Countryside
Development, Jack Purcell, deeded over the roadways and medians with the exception of where the original
signs for the development were located. The current owner, Kendall Crossing, LLC, is now proposing to
install the new signs in the same location of the previous signs within the media n. Additional information
will be provided by the Petitioner at Tuesday night’s meeting.
Plan Commission Action
In consideration of testimony presented during a Public Hearing on July 9, 2014 and discussions
conducted at that meeting, the Plan Commission recommends approval to the City Council a request for
amendment to the Kendall Crossing Planned Unit Development (PUD) for the purpose of allowing the
construction of two (2) new monument tenant signs, as illustrated in drawings prepared by Aurora Sign
Company, dated June 27, 2014, subject to staff recommendation in a memo dated July 1, 2014 that the
base of the sign incorporate a cladding of either brick, stone or masonry complementary to the cinema
complexes exterior material.
Action Item:
Lindblom-aye; Weaver-aye; Kraupner-nay, Jones-aye, Baker-aye; Prochaska-aye; Horaz-aye
6ayes; 1 nay
Attachments:
1. Draft Ordinance
2. Revised Sign Elevations prepared by Aurora Sign Company received 7/9/14.
3. Staff’s memorandum to the Plan Commission dated July 1, 2014.
4. Copy of Petitioner’s Application w/exhibits.
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: July 15, 2014
Subject: PC 2014-13 Kendall Crossing Subdivision PUD Amendment
Proposed New Monument Signage
5. Site Plan illustrating proposed locations for the two (2) monument signs prepared by Edgemark
Realty.
6. Sign Elevations prepared by Aurora Sign Company, dated 6/27/13.
7. Copy of Public Notice
Ordinance No. 2014-____
Page 1
Ordinance No. 2014-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AUTHORIZING THE FIRST AMENDMENT TO THE PLANNED UNIT
DEVELOPMENT PLAN FOR THE KENDALL CROSSING
PLANNED UNIT DEVELOPMENT
(Monument Entryway Signage)
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 approved a Planned Unit Development Plan for the Kendall
Crossing Planned Unit Development by Ordinance 2012-40 adopted October 23, 2012; and,
WHEREAS, the current owner/developers, Kendal Crossing, LLC, has requested a
major change pursuant to Section 10-13-9 of the Yorkville Zoning Ordinance to the Kendall
Crossing Planned Unit Development Plan to increase sign area from 64 square feet to 472 square
feet, to increase sign height from 8 feet to thirty-one feet two inches and to change the
construction material of the sign base from that similar to the principal building to aluminum and
steel; and,
WHEREAS, notice of a public hearing on the proposed major changes to the Planned
Unit Development was published and pursuant to said notice the Plan Commission conducted a
public hearing on July 9, 2014 on said petition in accordance with the State statutes and the
ordinances of the City; and,
WHEREAS, the Plan Commission after the hearing found that the proposed monument
signs are a major change that meets the conditions for approval in Section 10-13-10, does not
alter the overall intent of the Kendall Crossing Planned Unit Development Plan, and
recommended approval to the City Council.
Ordinance No. 2014-____
Page 2
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The above recitals are incorporated and made a part of this Ordinance.
Section 2: That the Kendall Crossing Planned Unit Development Plan is hereby further
amended by amending the regulations for the entryway monument tenant signs on by increasing
the area of the entryway monument signs to 472 square feet and the height of the signs to thirty
one feet two inches (31’- 2”).
Section 3: That the amendments granted herein to the Kendall Crossing Planned Unit
Development Plan shall be constructed, operated and maintained in accordance with the
following plans, diagrams and conditions:
A. Site Plan prepared by Edgemark Realty, date stamped received June 10, 2014,
attached hereto and made a part hereof as Exhibit A,
B. Sign Elevations prepared by Aurora Sign Company, dated June 27, 2013, attached
hereto and made a part hereof as Exhibit B which illustrates the construction material
of the sign base clad in stone and complementary to the cinema complexes exterior
material, as stipulated in the Plan Commission’s recommendation.
Section 4: This Ordinance shall be in full force and effect upon its passage, approval, and
publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _____
day of ________________, 2014.
______________________________
CITY CLERK
Ordinance No. 2014-____
Page 3
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 ________________, 2014.
______________________________
MAYOR
Petitioner’s Request:
The City has received an application from Kendall Crossing, LLC seeking an amendment to the
Kendall Crossing Subdivision Planned Unit Development (PUD) to install two (2) new monument signs with
tenant panels within the existing driveway medians of the commercial retail property at the intersections of
US Route 34 (Veterans Parkway) and Center Parkway, and IL Route 47 (Bridge Street) and Countryside
Parkway.
Project Background:
The approximately 18-acre commercial retail development located at the northwest corner of IL
Route 47 and US Route 34 contains six (6) outlots and is zoned B-2 General Business District. In November
2012, Kendall Crossing LLC was granted approved of a Planned Unit Development (PUD) via Ordinance
2012-40 for the construction of a movie cinema complex on Lot 1 which has since been completed. An
application for special use permit for a proposed new daycare center has also been requested for a portion of
Lot 6.
Although the original PUD did not address specific signage criteria for the development, it had
always been the intent of Kendall Crossing, LLC that the next phase of this project would be the approval of
a comprehensive signage package. Since no monument tenant signage currently exists for the d evelopment,
the proposed new signs will provide the needed visibility for the cinema, as well as the interior lots, along
Yorkville’s two (2) most highly-traveled arterial roadways.
Proposed Signage:
The proposed aluminum and steel sign cabinets would be located on private property within
driveway medians at the entrance of the Kendall Crossing development off of US Route 34 (Veterans
Parkway) and Center Parkway and Il Route 47 (Bridge Street) and Countryside Parkway, as illustrated on the
attached sign plans. Both signs would be oriented perpendicular to the major roadway and setback at least
five (5) feet from the intersection as required by code.
The double-faced internally-illuminated signs
are proposed to have an overall height of thirty-one feet
and two inches (31’-2”). The signs will be fabricated in
black aluminum and have white acrylic tenant panels
with the copy applied to the surface.
The sign area will consist of two (2) columns of
up to fifteen (15) tenant panels, including the main
Kendall Crossing/NCG Cinemas panel. The length of
each tenant panel will be four feet (4’) and the width of
each column is eight feet (8’). The proposed total width
for the monument signs will be sixteen feet (16’) and
the total height, exclusive of the base, will be
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: July 1, 2014
Subject: PC 2014-13 Kendall Crossing Subdivision PUD Amendment
Proposed New Monument Signage
approximately twenty-nine feet and six inches (29’-6”) for an overall area of 472 square feet per sign.
As proposed, the monument sign will be accented with three (3) light brown aluminum bars capping
the NCG Cinemas panel and providing design relief at the bottom of the tenant panels. All exposed metal
surfaces will be coated with acrylic polyurethane to prevent peeling and flaking.
Staff Analysis:
Although the proposed new sign does not conform to the Sign Ordinance criteria with regards to size,
height or material, the intent of a Planned Unit Development (PUD) is to provide flexibility from the rigidity of
the conventional zoning/bulk/signage regulations if there is a greater benefit to the property and the City as a
whole. The monument signs will not only benefit the tenants within the Kendall Crossing development, but
serve as a place-making feature which will draw potential customers for the other businesses located in the
area.
Additionally, the petitioner’s request is similar to previously approved monument signs for other
commercial retail developments which have all exceeded the current sign ordinance r egulations with regards
to size and height. The following table compares the current sign ordinance regulations with the proposed
new Kendall Crossing monument signs and those of nearby retail developments:
REQUIRED
BY
ORDINANCE
KENDALL
CROSSING
KENDALL
MARKETPLACE
YORKVILLE
MARKETPLACE
(Jewel)
YORKVILLE
CROSSING
(Menards)
SIGN AREA1
(Section 8-11-9-A-1)
Max. 64 sq. ft.
for lots three (3)
or more acres.
472 sq. ft.
(29’-6” x 16’)
192 sq. ft.
(19’-2” x 10’)
93 sq. ft.
(7’-4”x 12’-8”)
340 sq. ft.
(24’9” x 13’-6”)
SIGN HEIGHT
(Section 8-11-9-A-1) Max. 8 ft2 31’-2” 29’-4” 19’-6” 35’-0”
CONSTRUCTION
MATERIAL
(Section 8-11-9-A-1)
Sign base to be
constructed
with same
brick, stone or
masonry of the
principal
building
Aluminum and
Steel
Stone, Brick and
Aluminum
Stone, Brick and
Aluminum
Aluminum,
Steel and
Concrete
STAFF COMMENTS:
Staff is supportive of the proposed signage package presented by the petitioner for the Kendall
Crossing development, with the exception of the construction material. In keeping with the intention of the
ordinance to incorporate a natural material as part of the sign base from an element of a principal building
such as brick, stone or masonry, staff recommends that the base of sign be clad in a masonry or stone
product to complement the existing architectural features of the movie cinema.
Should the Plan Commission concur with staff’s recommendation, the petitioner will resubmit a
revised sketch illustrating the new base material for staff’s review prior to forwarding to the City Council for
final determination. The applicant and his attorney will be available at Wednesday night’s meeting to address
the Plan Commission and those present for the public hearing regarding this matter.
1 Sign Area is computed by means of the smallest square, rectangle, circle, triangle of combination thereof that encompasses
the extreme limits of the sign copy. It does not include any supporting structure, framework or backdrop.
2 Section 8-11-6-B defines Sign Height as computed as the distance from the grade of the centerline of the adjacent street to
the top of the highest attached component of the sign.
Proposed Motion:
In consideration of testimony presented during a Public Hearing on July 9, 2014 and discussions
conducted at that meeting, the Plan Commission recommends approval to the City Council a request for
amendment to the Kendall Crossing Planned Unit Development (PUD) for the purpose of allowing the
construction of two (2) new monument tenant signs, as illustrated in drawings prepared by Aurora Sign
Company, dated June 27, 2014, subject to staff recommendation in a memo dated July 1, 2014 that the
base of the sign incorporate a cladding of either brick, stone or masonry complementary to the cinema
complexes exterior material, and further subject to {insert any additional conditions of the Plan
Commission}…
Attachments:
1. Copy of Petitioner’s Application w/exhibits.
2. Site Plan illustrating proposed locations for the two (2) monument signs prepared by Edgemark
Realty.
3. Sign Elevations prepared by Aurora Sign Company, dated 6/27/13.
4. Copy of Public Notice
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
BEFORE
THE UNITED CITY OF YORKVILLE
PLAN COMMISSION
PC 2014-13
NOTICE IS HEREWITH GIVEN THAT Kendall Crossing, LLC, Petitioner, has filed an
application with the United City of Yorkville, Kendall County, Illinois, re questing an amendment
to the Kendall Crossing Subdivision Planned Unit Development (PUD) for two (2) proposed new
double-faced illuminated monument signs. The signs will have a dimension of 16 feet by 31 feet
2 inches and be located at the entry ways to Kendall Crossing Subdivision at the intersections of
Countryside Parkway and IL Route 47 and US Route 34 and Center Parkway. The real property
consists of an approximately 18 acres and is located at the northwest corner of Illinois Route 47
and US Route 34 in Yorkville, Illinois.
The legal description is as follows:
THAT PART OF LOT 7 OF THE RESUBDIVISION OF PART OF BLOCK 1 OF
COUNTRYSIDE CENTER UNIT NO. 1 IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED AS
DOCUMENT NUMBER 79-1982 BEING DESCRIBED BY COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 04 DEGREES 45 MINUTES 00
SECONDS EAST ALONG THE EAST LINE OF SAID LOT 7, ALSO BEING THE
WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47, A DISTANCE OF 90.00
FEET FOR THE POINT OF BEGINNING; THENCE NORTH 80 DEGREES 58 MINUTES 11
SECONDS WEST PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 7, A
DISTANCE OF 140.35 FEET; THENCE SOUTH 70 DEGREES 02 MINUTES 01 SECONDS
WEST, A DISTANCE OF 185.14 FEET TO A POINT OF BEND IN SAID LOT 7; THENCE
SOUTH 04 DEGREES 45 MINUTES 00 SECONDS WEST ALONG THE SOUTHEASTERLY
LINE OF SAID LOT 7, A DISTANCE OF 14.60 FEET; THENCE NORTH 85 DEGREES 15
MINUTES 00 SECONDS WEST A DISTANCE OF 217.92 FEET TO A POINT ON THE
WESTERLY LINE OF SAID LOT 7; THENCE NORTH 00 DEGREES 18 MINUTES 59
SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 82.75 FEET TO A
POINT OF BEND IN SAID LOT 7; THENCE SOUTH 89 DEGREES 16 MINUTES 11
SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT 7, A DISTANCE OF
216.95 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF SAID RESUBDIVISION;
THENCE NORTH 00 DEGREES 43 MINUTES 49 SECONDS WEST ALONG THE EAST
LINE OF SAID LOT 2, A DISTANCE OF 94.00 FEET TO A POINT OF BEND IN SAID LOT
2; THENCE NORTH 06 DEGREES 56 MINUTES 00 SECONDS EAST ALONG SAID EAST
LINE OF LOT 2, A DISTANCE OF 175.56 FEET TO A POINT; THENCE WESTERLY
ALONG A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 32.0 FEET, A
DISTANCE OF 32.42 FEET TO THE POINT OF TANGENT OF SAID CURVE; THENCE
SOUTH 74 DEGREES 06 MINUTES 09 SECONDS WEST ALONG SAID TANGENT 214.64
FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTHWESTERLY
ALONG THE WEST LINE OF SAID LOT 7 BEING ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 1275.00 FEET, A DISTANCE OF 377.77 FEET TO THE POINT OF
TANGENT OF SAID CURVE; THENCE NORTH 30 DEGREES 09 MINUTES 10 SECONDS
WEST ALONG SAID TANGENT AND THE WEST LINE OF SAID LOT 7, A DISTANCE OF
44.10 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID RESUBDIVISION;
THENCE NORTH 70 DEGREES 01 MINUTES 26 SECONDS EAST ALONG THE SOUTH
LINE OF SAID LOT 3, A DISTANCE OF 276.04 FEET TO THE SOUTHEAST CORNER OF
SAID LOT 3; THENCE NORTHEAST ALONG A NON TANGENT CURVE HAVING A
RADIUS OF 60.00 FEET, A DISTANCE OF 59.49 FEET TO THE POINT OF TANGENT AS
SHOWN ON SAID RESUBDIVISION PLAT; THENCE NORTH 69 DEGREES 56 MINUTES
04 SECONDS EAST ALONG SAID TANGENT AND THE SOUTH LINE OF LOTS 4 AND 5
OF SAID RESUBDIVISION 317.47 FEET TO A POINT OF CURVATURE OF A CURVE TO
THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG
SAID CURVE A DISTANCE OF 41.53 FEET TO THE POINT OF TANGENT OF SAID
CURVE BEING THE EASTERLY LINE OF SAID LOT 5; THENCE NORTH 25 DEGREES 14
MINUTES 40 SECONDS WEST ALONG SAID EASTERLY LINE OF LOT 5, A DISTANCE
OF 159.35 FEET TO THE NORTHEAST CORNER THEREOF; THENCE EASTERLY
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2625.00 FEET, A DISTANCE
OF 71.43 FEET TO THE NORTHWEST CORNER OF LOT 6 OF SAID RESUBDIVISION;
THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 6 BEING
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A DISTANCE OF
19.49 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY
ALONG SAID WESTERLY LINE OF SAID LOT 6 BEING ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 2352.00 FEET, A DISTANCE OF 191.23 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTH 70 DEGREES 01 MINUTES 03
SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 210.06
FEET TO A POINT OF BEND IN SAID LOT 6; THENCE SOUTH 19 DEGREES 57
MINUTES 46 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 6
AND SAID LINE BEING EXTENDED SOUTHERLY, A DISTANCE OF 445.80 FEET;
THENCE NORTH 70 DEGREES 02 MINUTES 14 SECONDS EAST, A DISTANCE OF
141.82 FEET TO A POINT ON THE EAST LINE OF SAID LOT 7; THENCE SOUTH 04
DEGREES 45 MINUTEES 00 SECONDS WEST ALONG SAID EAST LINE OF
LOT 7, A DISTANCE OF 589.06 FEET TO THE POINT OF BEGINNING CONTAINING
17.7416 ACRES MORE OR LESS IN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS.
The application for the proposed amended Planned Unit Development (PUD) is on file with the
City Clerk.
NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville
will conduct a public hearing on said application on Wednesday, July 9, 2014 at 7 p.m. at the
United City of Yorkville City Council Chambers, 800 Game Farm Road, Yorkville, Illinois,
60560.
The public hearing may be continued from time to time without further notice being published.
All interested parties are invited to attend the public hearing and will be given an opportunity to
be heard. Any written comments should be addressed to the United City of Yorkville City Clerk,
City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the
public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois.
BETH WARREN
City Clerk
By: Lisa Pickering
Deputy Clerk
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@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title: Bond and Letter of Credit action report
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Staff Report #1
Tracking Number
CC 2014-70
City Council – July 22, 2014
N/A
N/A
Informational
See attached memo.
Bart Olson Administration
Name Department
Summary
Review of all reduced and released development securities between April and June 2014.
Background
In May 2014, the City Council approved a new development securities reduction policy which
gives staff authority for approval of all security reductions and release. Since these items are no longer
approved by City Council, I represented that we would produce a frequent report to City Council on
staff authorizations of reductions and releases of development security. The first report is attached, and
includes a list of all securities from April through June. Items in April and May would have been
approved by City Council.
Recommendation
This is an informational item. Staff does seek feedback from City Council on the form and
content of the report. For the next report, we will likely include information on any reduction or release
requests that are still in process of being reviewed by staff, and an indication of approval process via
staff (i.e. City Engineer, City Administrator, and Mayor approval if needed).
If anyone is interested in receiving the background information on the request, we can provide it
separately from this report. Each request usually contains 30-40 pages of supporting material, and we
didn’t think that the City Council would be interested in seeing the full material in the packet at the
expense of a much larger packet.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: July 17, 2014
Subject: Bond and LOC report
27-Jun-14
2014 Bond and Letter of Credit Reduction Report
Date Development/Project Reduction Final Release Reduction Value Remaining Balance
4/22/2014 Autumn Creek 2C X $1,302,894.78 $1,097,255.72
5/13/2014 Prestwick X $559,753.20 $1,319,930.80
6/2/2014 Provena-Dreyer X $61,366.01 $0.00
6/23/2014 Midland States Bank X $12,998.70 $1,444.30
6/27/2014 Klienwachter X $121,245.16 $0.00