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Committee of the Whole Packet 2007 03-20-07 o United City of Yorkville J au '" 800 Game Farm Road EM. -� ;_ ism Yorkville, Illinois 60560 Telephone: 630-553-4350 Q,p L n p Fax: 630-553-7575 t l.E AGENDA ECONOMIC DEVELOPMENT COMMITTEE PUBLIC WORKS COMMITTEE COMMITTEE OF THE WHOLE Tuesday, March 20, 2007 7:00 p.m. City Conference Room Public Hearing: None Economic Development Committee: 1. EDC 2007-12 Sustainable Design Presentation 2. EDC 2007-08 Building Permit Reports for February 2007 3. PC 2007-04 His Grace Daycare— Special Use 4. PC 2005-32 Yorkwood Estates — Preliminary Plan 5. ZBA 2006-99 Pearl Vision Sign Variance 6. EDC 2007-09 EEI — ComEd Trail Design Contract 7. EDC 2007-10 Visit-ability Code—Discussion 8. EDC 2007-11 Safe Routes to School Funding Program—Update/Discussion 9. EDC 2007-13 Bristol Bay Recapture Agreement 10. EDC 2007-14 Downtown TIF— Tuscan Plaza Inducement Resolution Public Works Committee: 1. PW 2007-44 Water Department Report for January 2007 2. PW 2007-45 Water Department Report for February 2007 3. PW 2007-46 Raintree Village Unit 5 — Letter of Credit Expiration 4. PW 2007-47 Raintree Village Unit 6 — Letter of Credit Expiration r Page 2 Committee of the Whole March 20, 2007 Public Works Committee (con't): 5. PW 2007-48 McVickers Development (Rt. 47 Improvements) —Bond Reduction #1 6. PW 2007-49 Grande Reserve Unit 12 - Outfall Storm Sewer Letter of Credit Reduction #1 7. PW 2007-50 Grande Reserve Unit 12 — Site Development Letter of Credit Reduction #1 8. PW 2007-51 Grande Reserve Units 13 & 19a— Site Development Letter of Credit Reduction #1 9. PW 2007-52 Grande Reserve Units 14, 18, 19b, & 25 — Site Development Letter of Credit Reduction #1 10. PW 2007-53 Grande Reserve Units 15 & 22 — Site Development Letter of Credit Reduction #1 11. PW 2007-54 Grande Reserve Units 20 & 21 — Site Development Letter of Credit Reduction #1 12. PW 2007-55 Grande Reserve Units 23, 26 & 27 — Site Development Letter of Credit Reduction #1 13. PW 2007-56 In-Town Road Program (Phase 2 Roadways) — Bid Results 14. PW 2007-57 Well Nos. 3 & 4 Treatment Facility— Change Order#4 15. PW 2007-58 IDOT Highway Permit and Resolution—Yorkville Market Square 16. PW 2007-59 FY 2007-2008 MFT General Maintenance Appropriation 17. PW 2007-60 Game Farm Road/Somonauk Street - Plat of Highways Proposal and MFT Appropriation Resolution 18. PW 2007-61 Fox Hill SSA Maintenance Request for Proposal 19. PW 2007-62 Sunflower Estates SSA Maintenance Request for Proposal 20. PW 2007-63 Tool Inventory 21. PW 2007-36 Temporary Easement— 135 E. Van Emmon Street 22. PW 2007-64 Bristol Bay Units 1-7 — Letter of Credit Reductions 23. PW 2007-65 Garbage Contract 24. PW 2007-66 Greenbriar Lot 200 — Sidewalk Easement Page 3 Committee of the Whole March 20, 2007 Detail Board Report (Bill List): Park Board: 1. No Report. Mayor: 1. ADM 2007-21 Salary Survey 2. ADM 2007-23 COLA/Merit Raises for FY 07/08 3. ADM 2007-28 FY 07/08 Budget 4. ADM 2007-29 Revised FY 06/07 Budget 5. COW 2007-02 Kendall Marketplace— Trust Indenture, Bond Ordinance, and Development Agreement Additional Business: Reviewed By: Agenda Items}.Number J2 D� Legal ❑ l Finance ❑ Z- EST. , 1836 Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ E �c* - I SCE `��, Human Resources F1 1.b�-� City Council Agenda Item Summary Memo Title: Sustainable Design presentation City Council/COW Agenda Date: March 20, 2007 COW Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Supporting documents also provided by Alderwoman Burd United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o [! • y Fax: 630-553-3436 <LE To: Travis Miller From: Charles Wund Date: 3/2/2007 Subject: LEED (Leadership in Energy and Environmental Design)building certification LEED, an acronym for Leadership in Energy and Environmental Design has become the recognized standard for sustainable building design and construction. The LEED certification was developed and is administered by the U.S. Green Building Council, a Washington D.C. non-profit organization of building industry leaders. The building rating system is designed to promote design and construction practices that increase profitability while minimizing the environmental impacts of buildings and improving occupant health and well-being. The U.S. Green Building Council has developed rating systems for new commercial construction and major renovation projects, interior design projects and existing building operations. Standards for commercial "core and shell" construction, new homes and neighborhood development are currently under development.. The LEED rating system offers four certification levels (Bronze, Silver, Gold and Platinum) for new construction that correspond to the number of credits accrued in five design categories. The five categories include 1) sustainable sites, 2) water efficiency, 3) energy and atmosphere,-4)materials an resources and 5) indoor environmental quality. The rating system includes both mandatory prerequisite elements and optional elements used to calculate the ratings credits. The maximum number of credits possible varies slightly among the rating systems. In new construction up to 69 credits are possible. A Platinum certification building must receive a minimum of 52 credits, gold certification building must receive a minimum of 39 credits, a Silver certification building must receive a minimum of 33 credits and a Bronze certification building must receive a minimum of 26 credits. The mandatory minimum prerequisites for LEED certification include meeting ASHRAE Standards 90.1, 62 and 55 (energy efficiency, air quality and thermal comfort),being commissioned using GSA or Bonneville Power guidelines depending on building size, must prohibit smoking and must provide for the collection and storage of recyclables. Once the building has been shown to meet the LEED prerequisites, credits are awarded for compliance with thirteen categories of"green"building characteristics. The following list summarizes these categories and lists the potential number of credits that can be earned: 1. Building materials—7 credits 2. Construction waste management—2 credits 3. Energy efficiency— 10 credits 4. Building rehabilitation—2 credits 5. Indoor air quality—2 credits 6. Landscaping—3 credits 7. Recycling provisions for occupants— 1 credit 8. Operations and maintenance measures—2 credits 9. CFC, HCFC and Halon elimination—2 credits 10. Siting/location measures—3 credits 11. Transportation elements—3 credits 12. Water conservation—4 credits 13. Water quality—2 credits Participating in the LEED building certification program does involve some administrative costs. The cost for a non-member of the USGBC to register their building for LEED building certification evaluation is $600. An internet search did not reveal any direct financial incentives or grants to pay for a LEED certified building project or even the additional registration costs associated with the process. The Federal government and some states are offering tax deductions/credits to taxable entities for energy conservation materials and construction techniques building LEED certified buildings. The only financial advantage for a non-taxable entity to participate in this program would be the reduced operating expenses for that building . ABOUT LEED 1800 Massachusetts Ave,NW Suite 300 Washington,DC 20036 The LEED°(Leadership in Energy and Environmental Design) Green Building Rating T:202 828-5110 S stemTm is a voluntary building certification program that defines high-performance F:202 828-5110 Y rY 9 P 9 www.usgbc.org green buildings, which are more environmentally responsible, healthier, and more profitable structures. LEED was created to establish a common standard of measurement for what constitutes a "green" building. LEED serves as a design guideline for green building and offers third party validation of a building's green features. LEED evaluates buildings in areas: Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials & Resources and Indoor Environmental Quality. Within these credit areas, points are available and depending on the number of points a project earns determines the level of certification the building will be awarded. There are four progressive levels of certification: Certified, Silver, Gold and Platinum. Developed by the U.S. Green Building Council, LEED addresses a variety of buildings and building project types through individualized systems, including: • New Construction • Existing Buildings • Commercial Interiors • Core & Shell Homes - in pilot, to be released summer 2007 • Neighborhood Development—in pilot In addition, LEED application guides are in development to provide information and instruction about applying the LEED rating system to different building types such as Campuses, Retail, Labs, Healthcare and Schools. The application guides will be available in 2007. LEED rating systems are developed through an open, consensus-based process in USGBC committees. Each volunteer committee is composed of a diverse group of practitioners and experts representing a cross-section of the building and construction industry. Any USGBC member can serve on a committee, and all committee procedures and proceedings are available at www.usgbc.org. LEED Certification Benefits LEED certified buildings have lower operating costs, higher lease rates, and happier and healthier occupants than conventionally constructed structures. Certification under LEED is third party validation to the market that your building is green. LEED Online The LEED certification and documentation process has been designed to be more user-friendly than ever—the process is now entirely on-line. Projects register their intent to certify before breaking ground. Project teams can submit design phase credits at the early stages and then move to the construction phase, allowing ongoing 1 of 2 feedback to the project throughout the project's progression. This will allow design teams to modify design documents prior to commencing construction, and will give teams and building owners confidence that the project is on track for certification. Once the building is completed and all the documents have been submitted, the building will be reviewed by USGBC and awarded a LEED certification based on how many points the project earned. LEED on-line is currently available for new construction, existing buildings and commercial interior building applications. LEED Adoptions Various LEED initiatives including legislation, executive orders, resolutions, ordinances, policies, and incentives are found in 53 cities and 17 states in the U.S. For a complete list of LEED adoptions please click here. How the Federal Government uses LEED There are eleven Federal initiatives in agencies like the Department of Defense, Air Force, Army, Navy, Department of Agriculture- Forest Service, Department of Energy, Department of General Services, Department of State and the Environmental Protection Agency. LEED Internationally LEED registered projects are in progress in 24 different countries, including Canada, Brazil, Mexico, and India, to name just a few, and the World Green Building Council— an affiliation of seven national green building councils, including the U.S.--is helping to drive the international dialogue. 2 of 2 FAQ FREQUENTLYASKED QUESTIONS 1800 Massachusetts Ave,NW Suite 300 Washington,DC 20036 LEED° for New Construction T:202 828-7422 F:202 828-5110 How are credit points awarded under LEED? www.usgbc.org Credits are awarded based on five categories of performance: Sustainable Sites, Energy and Atmosphere, Water Efficiency, Indoor Environmental Quality, Materials and Resources. Within each of these credit areas a project can earn a certain amount of points. Projects can earn additional points under an Innovation in Design category, through demonstrating exceptional performance above LEED requirements. The number of points the project earns determines the level of LEED Certification the project receives. Is LEED training available? USGBC offers a variety of LEED training workshops including a basic introduction, technical reviews, and advanced application-oriented sessions. Workshops are available nationally in conjunction with local chapters, at industry tradeshows, and at Greenbuild. Private workshops can also be scheduled for your company. Can products be certified under LEED? No. LEED applies to green building projects. Individual products can contribute to points under the rating system; LEED criteria are performance-based. In attempting to meet these requirements, LEED practitioners identify products that have desired attributes. However, some LEED criteria do require specific product data as a part of a successful submittal. How much does it cost to register a project? The registration fee for a project is$450 for USGBC members and $600 for non-members. What is a LEED Accredited ProfessionalTm and how do you become one? LEED Accredited Professionals are experienced building industry practitioners who have demonstrated their knowledge of integrated design and their capacity to facilitate the LEED certification process.To become an Accredited Professional you must take the exam. The exam tests an individual's understanding of green building practices and principles, and familiarity with LEED requirements, resources, and processes. Do LEED certified projects cost more? No, LEED certification does not have to cost a penny more. LEED projects completed and certified to date demonstrate that you can achieve LEED certification and reap its many benefits with a common-sense approach to design and no additional dollars. Depending on your green building strategy and the level of certification you want to achieve, however, there may be mid-and long-term ROI associated with additional green features that merits an investment in first costs. What are the benefits of LEED certification? LEED certification is third-party validation of a building's performance. LEED certified projects blend environmental, economic, and occupant-oriented performance. They cost less to operate and maintain, are energy-and water-efficient, have higher lease-up rates than conventional buildings in their markets, and are a physical demonstration of the values of the organizations that own and occupy them. For more information: hftp://www.usqbc.org/DisplayPage.aspx?CMSPaqelD=220& 1 of 1 LEED-NDMar07 Page 1 of 2 From the March 2007 issue of New Urban News LEED-ND launched as a pilot program Robert Steuteville Coalition seeks projects to be certified through the first official rating system for New Urbanism and smart growth. LEED-ND,the first official rating system for New Urbanism and smart growth,is touted as an important new tool for developers,smart growth advocates,and municipalities."It's a system to distinguish good development from bad and give a seal of approval to good development,"said Kaid Benfield,Director of Smart Growth for NRDC. BENEFITS TO DEVELOPERS,ADVOCATES Developers could use the rating system to gain entitlements and for marketing purposes,notes Jessica Cogan Millman,director of planning at the Coalition for Smarter Growth,who served with Benfield and others on the LEED-ND core committee.The rating system will help smart growth advocates to educate citizens, she said.Municipal officials could use LEED-ND to determine whether to support a particular development."I'm hoping that municipalities will streamline the approval process"for projects that are certified,she said.Language in LEED-ND was written so that it could be incorporated into land-use codes,noted Benfield. However,some new urbanists,particularly those working on land never previously developed,are concerned that LEED-ND will not help their cause.The pilot is"at risk of imperfections,but I hope that people will[go through the process] anyway," said CNU president and CEO John Norquist.Some are concerned that LEED-ND could be a"powerful tool for NIMBYism,that it will bring things to a halt—I don't think it will work that way,"he said. The system is set up to strongly favor infill development,Norquist said."What we may fmd is that it pushes too far toward infill and we need to recalibrate."It's also possible that it does not go far enough to promote infill,he added."Questions remain,"Norquist acknowledged,urging developers to give it a try anyway."You are actually helping to define it by bringing a project in,"he said.To be considered for LEED-ND,a project must meet six prerequisites—all of which can be met through multiple options. The program has three tiers of fees—$8,000 for 20 acres or fewer,$14,000 for 20 to 100 acres,and$20,000 for projects larger than 100 acres.No minimum or maximum acreage is set.Projects outside of the US are welcome to apply.The first to submit for LEED-ND approval,it was reported,was Dockside Green,an 11-acre brownfield redevelopment in Victoria,British Columbia,that was presented at last year's Congress for the New Urbanism in Providence,Rhode Island. The certification process consists of several stages.First is a preliminary review.If the review is favorable,a letter from LEED-ND is issued that could help in entitlement.After a project is entitled,a certificate is awarded.The final certification is not given until the completion of the project—which could take many years.A plaque will be awarded at that point. The rating system is based on 100 points,plus 6 possible bonus points for innovation.Points will be awarded based on smart growth(location of a project), urbanism(which is where most of the New Urbanism design ideas are incorporated), and green building techniques.After pilot phase revisions,LEED-ND is anticipated to shift into a full program in 2008.For more information on LEED-ND or to submit a project,go to www.usgbc.org. This article is available in the March 2007 issue of New Urban News, along with http://www.newurbannews.com/LEEDNDMar07.html 3/14/2007 Prepared by U.S. Green Building Council February 2007 Summary of Government LEED®Incentives TAX INCENTIVES Baltimore County,MD On June 5,2006,the County Council passed bill#85-06 that gives a county property tax credit to any commercial building that achieves LEED-NC Silver certification.The duration of the tax credit is for ten consecutive years. hnp://www.baltimorecounlycouncil.org/bO8506.pdf Chatham County,GA May,2006: The Board of Commissioners of Chatham County passed an ordinance that gives full property state and county tax abatement for any building achieving LEED Gold certification for the first five years,then tapering off by 20% each year until the tenth year. hqp://www.chathamcounty.org/Chatham/ui)loads/Agn2OO6//m2OO6 05 12.PDF (page 79-85) Cincinnati,OH On September 20, 2006,the City of Cincinnati passed an amendment to Ordinance#342-2002 that gives an automatic tax exemption and 100% exemption of the assessed property value for construction of new,private commercial buildings and residential units that achieve LEED certification. Residential units include new or rehabilitated apartment structures with four or more units but do not include detached residential structures. The ordinance also sets aside funds from the Community Development Block Grant to provide financial assistance for builders of new residential or rehabilitated low- income or mixed-income structures and homes that meet LEED standards. Funds would be used to offset any increased costs from building to LEED standards. Also on September 20,2006,the City of Cincinnati passed an ordinance requiring new municipal buildings to be LEED certified. Renovated municipal buildings should incorporate LEED elements during construction. Maryland October 2001: Maryland's governor issued an Executive Order calling for all capital projects greater than 5,000 gsf to earn LEED certification. April 2005: The House and Senate passed legislation in requiring a green building standard, such as LEED(Silver),be used for state capital projects. The state also approved a green building tax credit for commercial developers. http•//business marylandtaxes com/taxinfo/taxcredit/y,reenbldg/default.aV 1 Nevada June 17,2005: Governor Guinn signed AB3 requiring all state funded buildings be LEED Certified or higher in accordance with LEED or an equivalent standard. During each biennium, at least two occupied public buildings whose construction will be sponsored or financed by the State of Nevada must be designated as a demonstration project and be equivalent to a LEED Silver or higher certification,or an equivalent standard. The bill also provides tax abatements for property which has an eligible LEED Silver building and tax exemptions for products or materials used in the construction of a LEED Silver building. www.leg.state.nv.us/22ndSpecial/Reports/histoKy.efin?ID=2546 New York June 2001:New York Governor Pataki issued Executive Order#111 encouraging but not requiring state projects to seek LEED Certification. New York State Energy Research and Development Authority will be offering an incentive for design teams of any New York State building that achieves a LEED rating. NYSERDA's New Construction Program offers a 10%increase on incentives for energy efficiency measures that reduce the use of electricity. NYSERDA provides low interest loans(4% below market rate)for energy efficiency measures and building materials that meet LEED or other generally accepted green building standards. The New York State Green Building Tax Credit Program provides a tax incentive to commercial developments incorporating specific green strategies informed by LEED. htt2://www.dec.state.ny.us/website/�ppu/gmbldg/index.html Oregon Oregon's 35%Business Energy Tax Credit for sustainable buildings is tied to the LEED certification level achieved. A LEED Silver rating is the minimum standard to obtain the tax credit for sustainable buildings and applies to LEED NC,CI,and CS certified buildings. Examples: 100,000 sf. LEED-NC Silver bldg. eligible for$140,000 tax credit 100,000 sf. LEED-NC Gold bldg. eligible for$177,485 tax credit http://oregon.gov/ENERGY/CONS/BUS/tax/sustain.shtml Pasadena,CA December 19,2005: The City Council passed an ordinance requiring all new commercial and residential construction to achieve the LEED Certified level at a minimum. This includes commercial construction of 25,000 square feet or more, residential buildings at least four stories high,and city buildings of 5,000 square feet or more. Developers who exceed the minimum certification will qualify for a rebate from Pasadena Water and Power. Additionally,developers who include affordable housing will earn a construction tax rebate of$1000 per unit. The ordinance is effective beginning in April 2006. hqp://www.citvofpasadena.net/councilagendas/2005%20agendas/Dee 19 05/5ALp df 2 DENSITY BONUS Acton,MA April 5,2004: A new zoning by-law(section 5.5B.2.2.d)unanimously adopted at the Annual Town Meeting gives a density bonus for buildings achieving LEED certification. http://doe.acton-ma.gov/dsweb/Get/Document- 8253/EAVPC+Articles+presented+at+Town+Meeting+-±April+2004.pdf Arlington,VA Arlington County allows commercial projects and private developments earning LEED Silver certification to develop sites at a higher density than conventional projects. All site plan applications for commercial projects are required to include a LEED Scorecard and have a LEED Accredited Professional on the project team regardless of whether or not the project intends to seek LEED certification. All projects must contribute to a green building fund for county-wide education and outreach activities. The contribution is refunded if projects earn LEED certification. Arlington sponsors a voluntary green home program that encourages builders of new single-family homes to incorporate energy efficient and other green building components in their projects. The County offers"front-of-the-line"plan review, site signs, and publicity to program participants who achieve a given number of points as outlined by Arlington's Green Home Choice program. EXPEDITED PERMIT REVIEW Gainesville,FL 2002: The City of Gainesville passed Ordinance# 1835 requiring all government county buildings be LEED certified. Additionally,the county is providing a fast- track building permit incentive and a 50% reduction in the cost of building permit fees for private contractors who use LEED. Issaquah,WA Developers intending to use LEED may receive free professional consultation and projects achieving LEED certification are placed at the head of the building permit review line. hqp://www.ci.issaquah.wa.us/Paize.asp?NavlD=326 San Francisco,CA On September 28,2006,Mayor Gavin Newsom announced that the Department of Building Inspection(DBI),working with the Department of Environment(DOE) and the Department of Planning,will finalize a policy that gives priority permit review to all new and renovated buildings that achieve LEED Gold 3 certification. Press release: htip•//sf og v org/site/mayor page_asp?id=46866 Santa Monica,CA 2000: The City Council adopted an ordinance requiring all new city projects to achieve LEED Silver certification. April 2004: The city launched a grant program that provides a financial incentive for private developers who achieve LEED certification. http://greenbuildin s.sg anta- monica or /_g_maippages/Details%20-%20LEED%20Grants.Rdf August 2005: The city passed an ordinance allowing LEED registered projects to receive expedited permitting. This includes all LEED for New Construction, Homes,Core and Shell.http•//www.smgreen.org//mainpages/whatsnew.htm Sarasota County,FL March 18,2005: The county passed a resolution mandating that all government county buildings be LEED certified. Additionally,the county is providing a fast- track building permit incentive and a 50% reduction in the cost of building permit fees for private contractors who use LEED. On August 22, 2006,the county approved a Green Development Incentive Resolution (#2006-174)that provides fast-track permitting for residential and commercial green developments. Incentives apply to projects pursuing LEED for Neighborhood Developments(ND)or FGBC Green Development Standards. GRANTS Cincinnati,OH On September 20,2006,the City of Cincinnati passed an amendment to Ordinance#342-2002 that gives an automatic tax exemption and 100%exemption of the assessed property value for construction of new,private commercial buildings and residential units that achieve LEED certification. Residential units include new or rehabilitated apartment structures with four or more units but do not include detached residential structures. The ordinance also sets aside funds from the Community Development Block Grant to provide financial assistance for builders of new residential or rehabilitated low-income or mixed-income structures and homes that meet LEED standards. Funds would be used to offset any increased costs from building to LEED standards. Also on September 20, 2006,the City of Cincinnati passed an ordinance requiring new municipal buildings to be LEED certified. Renovated municipal buildings should incorporate LEED elements during construction. Pennsylvania Public Schools 4 In July 2005,the Pennsylvania legislature passed House Bill 628,amending the Public School Code to provide a financial incentive to public school districts that achieve LEED Silver certification. Santa Monica,CA 2000: The City Council adopted an ordinance requiring all new city projects to achieve LEED Silver certification. April 2004: The city launched a grant program that provides a financial incentive for private developers who achieve LEED certification. hgp://greenbuildings.santa- monica org/maims ages/Details%20%20LEED%20Grants.pdf August 2005: The city passed an ordinance allowing LEED registered projects to receive expedited permitting. This includes all LEED for New Construction, Homes,Core and Shell. hqp://www.smgreen.org/maiLipages/whatsnew.htm INCENTIVES BY REQUEST Cranford,NJ November 15,2005: The Township of Cranford adopted Ordinance No. 2005-46 requiring all township-funded facilities projects and township-owned facilities to meet LEED Silver certification. The Township also adopted LEED-EB for its existing facilities. The township also has an incentive program whereby redevelopers may request an incentive,such as a density bonus,for achieving LEED certification. OTHER Babylon,NY: On November 29,2006,the Town of Babylon passed a resolution adopting a local law that requires LEED certification for any new construction of commercial buildings,office buildings, industrial buildings,multiple residence, or senior citizen multiple residence over 4,000 square feet. If certification is achieved, the Town will refund the certification fees paid to USGBC by the developer. hq://www us bg c org/ShowFile aspx?DocumentID=2164 San Antonio,TX On June 15,2006,the San Antonio City Council adopted Ordinance#2006-06-15- 0722 that approves Phase II of the City's Incentive Scorecard System and authorizes administrative waiver or reduction of certain development fees for projects reaching specified scores from the scorecard. Points are awarded for projects achieving LEED-NC or LEED for Homes certification. Ordinance: hl!p://www.sanantonio.gov/clerk/minutes/2006/20060616.mht 5 Scorecard and incentives: www.sanantonio.gov/incentives Pasedena,CA On December 19,2005,the City Council passed an ordinance requiring all new commercial and residential construction to achieve the LEED Certified level at a minimum. This includes commercial construction of 25,000 square feet or more, residential buildings at least four stories high, and city buildings of 5,000 square feet or more. Developers who exceed the minimum certification will qualify for a rebate from Pasadena Water and Power. Additionally,developers who include affordable housing will earn a construction tax rebate of$1000 per unit. The ordinance is effective beginning April 2006. httv://www.ci.pasadena.ca.us/waterandpower/LEED%20Cert.i)d (rebates for LEED certification) San Diego,CA San Diego Mayor Dick Murphy included requiring LEED Silver certification of all municipal projects among his 10 goals for the year in his 2002 State of the City Address. The city subsequently adopted LEED for all public projects over 5,000 sq ft in April, 2002. The city has also developed a sustainable building expedite program that uses LEED criteria and provides significant plan review and construction incentives. Private sector buildings registering for LEED certification may be eligible to receive technical green building training,support,and education. Commercial projects achieving LEED Silver certification will benefit from expedited discretionary processes. http://clerkdoc.sannet.gov/RightSite/getcontent/local.]2dDDMW OBJECTID=0900 1451800a609a Seattle,WA In February,2002,the City of Seattle passed a policy requiring LEED Silver certification of all city-owned projects and renovations over 5,000 gsf. The city is encouraging the private construction sector to incorporate LEED design standards into new and existing buildings by providing economic incentives. On April 12, 2006,Mayor Nickels signed zoning legislation that gives a height or density bonus to commercial or residential projects that achieve at least LEED Silver certification and contribute to affordable housing. Sustainable Building g olicy Washington,DC The mayor will establish an incentive program for private residential and commercial buildings. Incentives will include an expedited permit review and may also include grants. The mayor will also establish a Green Building Fund for technical assistance and monitoring of green buildings,education,and incentive funding for private buildings. http•//www decouncil washington do us/images/00001/20061201163509.12df 6 GREEN BUILDING, USGBC AND LEED February 2007 The U.S. Green Building Council is the nation's foremost coalition of leaders from across the building industry working to promote buildings that are environmentally responsible, profitable and healthy places to live and work. Green buildings increase productivity, improve health, conserve the Earth's resources, and cost less to operate and maintain. They are becoming highly prized assets for companies, communities and people across the country. USGBC is the acknowledged leader in green building and development. USGBC's LEER® (Leadership in Energy and Environmental Design)Green Building Rating SystemTm has provided the reliable building design and performance measurement systems that building owners and operators need. Founded in 1993, USGBC is a 501(c)(3) non-profit organization. The organization is governed by a 22-member Board of Directors elected by the full USGBC membership. USGBC is a dues-based membership organization representing over 7,600 companies from 12 membership categories. A staff of more than 70 professionals administers an extensive program of education, information and advocacy that is anchored by the LEED Green Building Rating System. LEED is a voluntary standards and certification program that defines high-performance green buildings and encompasses all building types including New Construction, Existing Buildings, Commercial Interiors, Core &Shell, Homes, and Neighborhoods. USGBC's LEED accreditation, education workshops, chapter programs in more than 60 communities, and the annual Greenbuild conference provide a strong foundation for green building education. LEED provides a complete framework for meeting sustainability goals and assessing building performance in six categories: Sustainable Sites; Water Efficiency; Energy and Atmosphere; Materials and Resources; Indoor Environmental Quality; Innovation and Design Process. Four progressive levels of LEED certification—Certified, Silver, Gold and Platinum—can be achieved based on the number of points awarded to a building project. Certain prerequisites must be achieved in order to qualify for certification. With more than 715 certified buildings and over 5300 registered buildings, USGBC has extensive experience in assessing, documenting and administering what has become the leading green building rating system in the United States. Consensus-based and scientifically driven, LEED provides well-defined processes for incorporating constantly evolving practices and technologies, A current example of LEED's constant evolution is the process by which USGBC is addressing wood and wood certification issues. The Council convened a meeting of forest industry stakeholders in September 2005 to solicit their perspectives on wood and wood certification in the context of the LEED. Subsequently, USGBC's Board of Directors directed the LEED Steering Committee(LSC)to address bio-based materials(including wood)within LEED via USGBC's fair, open and transparent consensus process. The LSC in turn directed the Materials and Resources Technical Advisory Group(MR-TAG)to review and provide recommendations and a rationale for how to improve the intent and technical content of the bio-based credits in the LEED system. As a third-party certification system, LEED validates achievement and establishes leadership in the green building sector. LEED provides a clear roadmap for sustainable design and then ensures its performance by documenting that the building is constructed as designed. As the following statistics make abundantly clear, LEED stands alone as the pre-eminent green building rating system in the United States: $7 billion: The annual market for green building in products and services 829 million: Square feet of commercial building space registered or certified under the LEED®(Leadership in Energy and Environmental Design)Green Building Rating SystemTM developed and administered by the U.S. Green Building Council 43,800: Professionals trained through LEED workshops 35,500: LEED Accredited Professionals 7,675: USGBC member organizations, including corporations, governmental agencies, and nonprofits 715: Total LEED certified projects 5300: Total LEED registered projects 4140: Building projects are LEED-NC registered and an additional 545 building projects have completed LEED-NC certification 510: Building projects have registered with LEED-CI and an additional 99 have completed certification 260: Building projects have registered with LEED-EB and an additional 42 have completed certification 390: Building projects have registered with LEED-CS and an additional 28 have completed certification 46: Percent of LEED projects owned by federal, state and local governments International: 12: Countries with LEED projects States: 50: States with LEED projects 17: States have adopted LEED Local: 61: Local governments have adopted LEED 90: Percent reduction in employee relocation costs in buildings with flexible design features 40: Percent increase in sales in stores with skylights (from a study for the California Board for Energy Efficiency Third Party Program) 30: Percent cut in energy use can save tenants 50 cents per square foot per year(according to U.S.Environmental Protection Agency research) 20: Percent savings in OEM costs for LEED buildings over their life (from The Costs and Financial Benefits of Green Buildings.,A Report to Califomia s Sustainable Building Task Force) 7: Percent increase in employee productivity in buildings with increased lighting control (from a Carnegie Mellon University study) City Of Cincinnati . c� Laketa Cole Chris Bortz Members of Cincinnati City Council May 1,2006 MOTION WE MOVE that any new municipal buildings in Cincinnati be constructed to LEED certification. WE FURTHER MOVE that any municipal buildings renovated by the City should incorporate"green"building elements in their construction,using LEED as a Benchmark when feasible. wE FURTHER MOVE that the administration assess the feasibility of paying for any increased costs from constructing or renovating municipal buildings to LEED standards through funding that is freed up through the savings in building operational costs,starting with the potential savings that could be generated by retrofitting City Hall. cihn Uketa Cole Councilmember Chris Bortz STATEMENT "Green" buildings use resources like energy, water, materials, and land much more efficiently than buildings that are simply built to code. They also create healthier work environments, with more natural light and cleaner air, and contribute to improved employee health, comfort, and productivity. Sustainable buildings are cost-effective, saving taxpayer dollars by reducing operations and maintenance costs, as well as by lowering utility bills. The City of Cincinnati can be a leader to encourage energy efficiency and clean energy as part of this growing architectural and construction business. Green buildings make sense for economic growth, as well as improving our environment. Encouraging the construction of municipal buildings to LEED standards has been a successful technique used by many cities to encourage environmentally friendly design and lower municipal energy bills and operational costs. Although there is an upfi+ont increase in the cost of construction, evidence shows that this pays for itself over time. For example the City of Seattle recently built a Justice Center to LEER standards. The upfront cost increase of LEED certification was roughly$1.7 million. However,over a 25-year life cycle, that $1.7 million investment will generate a cost savings of between $2.5 and$3.7 million,adjusted for present value! A potential funding source to cover the increased construction costs of a LEED certified municipal building would "Operational Cost Savings Financing" This works by borrowing against the money saved by the reduction in operational expenses that comes with a LEED building. For example, a LEED certified building could save 30% in energy costs. If a current building has an energy bill of$1000/month, a new LEED building would have an energy bill of$700/month. The LEER building has generated a $300 savings on that monthly energy bill. That$300 could then be used to supplement the revenue stream that the city is using to pay off their construction debt on the new building,helping cover the increased costs from LEED construction. We believe that this motion will enable Cincinnati to make a positive statement about our commitment to the environment. 'Achieving Silver I EED:Preliminary Benefit-Cost Analysis for Two City of Seattle Facilitnes, Seattle Office of Sustsinability and Environment,April 2003. ENGROSSED ORIGINAL A BILL 1 16-515 2 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 3 4 To establish high-performance building standards that require the planning, design,construction, 5 operation and maintenance of building projects which help to mitigate the environmental, 6 economic, and social impacts of built structures in the District;to establish a Green 7 Building Incentives Program that includes an Expedited Construction Documents Review 8 Program;to establish a Green Building Fund;to establish the Green Building Advisory 9 Council;to amend the Construction Codes Approval and Amendments Act of 1986 to 10 update the Construction Code to include green building practices; and to amend the 11 Office of Property Management Establishment Act of 1998 to require priority leasing of 12 buildings that meet certain green building standards. 13 BE IT ENACTED BY THE COUNCII.OF THE DISTRICT OF COLUMBIA,That this 14 act may be cited as the"Green Building Act of 2006". 15 Sec. 2. Definitions. 16 For the purposes of this act,the term: 17 (1) "Addition"has the same definition as found in DC Official Code § 6-1410. 18 (2) "Applicant"means any individual,firm,limited liability company, 19 association, partnership, government agency,public or private corporation, or other entity that 20 submits construction documents for a building construction permit or green building verification. 21 (3) "Building"and"Building construction permit"have the same definitions as 22 those found in the D.C. Construction Code as adopted in 12A DCMR § 101.2. 23 (4) "Building systems monitoring method"means the specifications for a 24 methodology of collecting information and providing feedback about installed equipment that 25 provide data for the comparison, management, and optimization of actual, as compared to 26 estimated energy performance. 27 1 ENGROSSED ORIGINAL (5) "Construction documents"has the same definition as found in DC Official 1 Code § 6-1405.02. 2 (6) "Construction permit application"has the same definition as found in DC 3 Code § 6-1410. 4 (7) "Department"means the Department of Consumer and Regulatory Affairs. 5 (8) "Director"means the Director of the Department of Consumer and Regulatory 6 Affairs. 7 (9) "Educational facility"means any building that has the provision of education 8 as its primary use. 9 (10) "ENERGY STAR Portfolio Manager"means the tool developed by EPA 10 ENERGY STAR that rates the performance of a qualifying building,relative to similar buildings 11 nationwide, accounting for the impacts of year-to-year weather variations, as well as building 12 size, location, and several operating characteristics,using the Environmental Protection Agency's 13 national energy performance rating system. 14 (11) "ENERGY STAR Target Finder"means the tool developed by EPA 15 ENERGY STAR that helps set performance goals and energy ratings for building projects during 16 their design phase. 17 (12) "Existing building"has the same definition as found in DC Official Code § 18 6-1410. 19 (13) "Full-building commissioning"means the process of verification that a 20 building's energy related systems are installed, calibrated and perform according to project 21 requirements, design basis and construction documents. The systems that require commissioning 22 include,but are not limited to,mechanical and passive heating, ventilation, air conditioning, and 23 refrigeration(HVAC &R) systems, and associated controls such as lighting, domestic hot water 24 2 ENGROSSED ORIGINAL systems, and renewable energy systems. 1 (14) "Green building"means an integrated, whole-building approach to the 2 planning, design,construction, operation and maintenance of buildings and their surrounding 3 landscapes that help mitigate the environmental,economic, and social impacts of buildings, so 4 they are energy efficient, sustainable, safe,cost-effective, accessible, healthy and productive. 5 (15) "Green building checklist"means a scorecard developed by the USGBC for 6 the purpose of calculating a score on the appropriate LEED rating system. 7 (16) "Green Building Expedited Construction Documents Review Program" 8 means the processing procedure for qualified building construction permit applications and 9 construction documents established by section 7 of this act. 10 (17) "Green Communities"means the national green building program designed 11 by Enterprise Community Partners that provides criteria for the design, development,and 12 operation of affordable housing. 13 (18) "Gross floor area"has the same definition as found in section 199.1 of Title 14 11 of the District of Columbia Municipal Regulations. 15 (19) "ICC"means the International Code Council, a nonprofit organization 16 dedicated to the development of a single set of comprehensive and coordinated national model 17 construction codes affecting residential,commercial, and educational buildings. 18 (20) "IECC"means the International Energy Conservation Code developed by the 19 ICC that encourages energy conservation through efficiency in envelope design,mechanical 20 systems, lighting systems, and the use of new materials and techniques. 21 (21) "LEED"means the series of Leadership in Energy and Environmental 22 Design green building rating systems designed by the USGBC. 23 (22) "LEED-CI" means the LEED for Commercial Interiors (LEED-CI)green 24 3 ENGROSSED ORIGINAL building rating system designed by the USGBC to promote green design,construction, 1 operations, and practices specific to the needs of the tenant improvement market. 2 (23) "LEED-CS"means the LEED for Core and Shell (LEED-CS)green building 3 rating system designed by the USGBC that is aimed at designers,builders,developers and new 4 building owners who address sustainable design for new core and shell construction. 5 (24) "LEED-H"means the LEED for New Homes (LEED-H) green building 6 rating system being designed by the USGBC to serve as tool for homebuilders,homeowners, and 7 local governments for building environmentally sound,healthy, and resource-efficient homes. 8 (25) "LEED-NC"means the LEED for New Construction and Major Renovations 9 (LEED-NC) green building rating system designed by the USGBC to guide and distinguish high- 10 performance commercial and institutional projects,with a focus on office buildings. 11 (26) "LEED for Schools"means the LEED green building rating system being 12 designed by the USGBC that supplements LEED-NC with technical requirements that are 13 specific to children's health, school site issues, and educational facilities. 14 (27) "Maintenance accountability method"means a system for maintaining 15 building performance standards. It includes,but is not limited to annual building performance 16 reporting that publicly compares actual energy consumption to benchmarks using the ENERGY 17 STAR Portfolio Manager tool for all building types for which it is available;the description of 18 changes to operations and maintenance arrangements and procedures for major energy 19 consuming equipment; the maintenance of manuals,manufacturer's literature, model numbers, 20 methods of operation, and maintenance practices for installed building systems;the records of 21 metering systems and mechanisms for the monitoring and control of energy consumption; and 22 the collection of complete"as-built"drawing sets and information on best practices for building 23 maintenance,housekeeping,pest management and mold prevention. 24 4 ENGROSSED ORIGINAL (28) "New construction"means the construction of any building whether as a 1 stand-alone building or an addition to an existing building. New construction includes new 2 buildings and additions or enlargements of existing buildings,exclusive of any alterations or 3 repairs to any existing portion of a building. 4 (29) "Performance bond"means a bond to secure performance and fulfillment of 5 an obligation under this act. 6 (30) "Project"means the construction of single or multiple buildings that are part 7 of one development scheme,built at one time, or in phases. 8 (3 1) "Property disposition by lease"means a lease, inclusive of options, of real 9 property, as defined in DC Official Code § 10-801.01,for a period of greater than 20 years. 10 (32) "Property disposition by sale"means a sale of real property, as defined in 11 DC Official Code § 10-801.01,in whole or in part,to the highest bidder for real property 10,000 12 square feet, or greater. 13 (33) "Public financing"means proceeds of any revenue bonds or tax increment 14 financing that results in a financial benefit from an agency, commission,instrumentality, or other 15 entity of the District government; or financing,the stated purpose of which is to provide for the 16 new construction or substantial rehabilitation of affordable housing. 17 (34) "Public school"means schools owned,operated, or maintained by the 18 District of Columbia Public Schools (DCPS), or a public charter school chartered by DCPS, and 19 those schools' educational facilities 20 (35) "Substantial improvement"has the same definition as found in DCMR 12J- 21 202. 22 (36) "Total project cost"means the total of the hard construction costs,the site 23 acquisition costs,provided that a site was acquired within 2 years of first building permit 24 5 ENGROSSED ORIGINAL application; and soft costs,provided further that the soft costs will be capped at 25 percent of the 1 hard construction costs. 2 (37) "USGBC"means the United States Green Building Council, a nationally 3 recognized organization with a documented utilization record at the federal, state and local level 4 that has developed sustainable building rating systems through transparent,collaborative,and 5 consensus based processes that require independent certification. 6 (38) "Verification"means confirmation by an entity described in section 5 that 7 the green building requirements of this act have been fulfilled. 8 Sec. 3. Publicly owned,private leasing of public property,publicly financed buildings, 9 and tenant improvements. 10 (a) This section shall apply to all new construction and substantial improvements of 11 District owned or District instrumentality owned projects, which were initially funded in the 12 Fiscal Year 2008 District budget, or later; or which were constructed or substantially improved 13 either as a result of a property disposition by lease where District owned or District 14 instrumentality owned property is leased by private entities; or where 15% or greater of a 15 project's total project cost were publicly financed in Fiscal Year 2009, or later. 16 (1)All non-residential projects shall: 17 (A) Be designed to achieve 75 points on the EPA national energy 18 performance rating system as determined by the ENERGY STAR Target Finder Tool, and shall 19 be benchmarked annually using the ENERGY STAR Portfolio Manager benchmarking tool, 20 provided that the building has 10,000 square feet of gross floor area or greater, and is of a 21 building types for which ENERGY STAR tools are available. Renovated buildings shall be 22 exempt from the Target Finder requirement. Benchmark and Target Finder scores and ENERGY 23 STAR statements of energy performance for each building shall be made available to the general 24 6 ENGROSSED ORIGINAL public within 60 days after they are generated; and 1 (B) Upon receipt of a Certificate of Occupancy, institute building systems 2 monitoring and maintenance accountability methods. 3 (C) Within 2 years after the receipt of a Certificate of Occupancy,be 4 verified by an entity described in section 5 having met or exceeded: 5 (i) Commercial projects shall be verified as having fulfilled or 6 exceeded the LEED-NC 2.2 or the LEED-CS 2.0 standard, at the silver level. 7 (ii)Within 90 days of the release by USGBC of the LEED for 8 Schools rating system or the effective date of this act, whichever comes later, the Mayor shall 9 review LEED for Schools and shall promulgate rules to require DCPS and public charter schools 10 to be verified as having fulfilled or exceeded either LEED for Schools at the certification level, 11 or a substantially equivalent rating system that requires full-building commissioning. 12 (2) Residential projects 10,000 square feet of gross floor area or greater, shall 13 fulfill or exceed the Green Communities 2006 standard, or a substantially equivalent standard. 14 All such projects shall submit a copy of the Green Communities Self Certification Check List 15 and verification of meeting Green Communities requirements for energy efficiency to DCRA, as 16 a required part of the Certificate of Occupancy application. 17 (b) As of October 1, 2008,each tenant of a building that has a certificate of occupancy 18 for a commercial use and that improves District owned or District instrumentality owned 19 building space of at least 30,000 square feet gross floor area or greater, with an improvement that 20 requires comprehensive construction or alteration of partitions, electrical systems, HVAC &R 21 systems and finishes, shall be responsible for having the improved building space verified by an 22 entity described in section 5 as having met or exceeded the LEED-CI 2.0 standard, at the 23 certification level. 24 7 ENGROSSED ORIGINAL Sec.4. Privately owned buildings. 1 This section shall apply to all new construction or substantial improvements of non- 2 residential privately owned projects 50,000 square feet of gross floor area,or greater.All such 3 projects shall henceforth: 4 (a) As of January 1, 2009, submit to DCRA as part of any building permit application, a 5 green building checklist documenting that green building elements to be pursued in the 6 respective building's construction permit. 7 (b) Be verified by an entity described in section 5 as having fulfilled or exceeded the 8 following green building requirements within 2 years,upon the receipt of a Certificate of 9 Occupancy. 10 (1) Any project that has submitted the first building permit after January 1, 2010, 11 for new construction or substantial improvements which are a result of a real property disposition 12 by sale to a private entity undertaken by the District or an instrumentality of the District, shall be 13 verified as having fulfilled or exceeded the LEED-NC 2.2 or LEED-CS 2.0 standard, at the 14 certification level. 15 (2) The following shall apply to any project that has submitted the first building 16 permit after January 1, 2012, for new construction or substantial improvements: 17 (A) Non-residential projects and post-secondary educational facility 18 projects, shall be verified as having fulfilled or exceeded the LEED-NC 2.2 or LEED-CS 2.0 19 standard at the certification level. 20 (B) Educational facilities,except post-secondary educational facility 21 projects, shall be verified as having fulfilled or exceeded the standard described in section 22 3(a)(1)(C)(ii). 23 8 ENGROSSED ORIGINAL Sec. 5. Compliance review. 1 (1) The Mayor shall verify compliance with the requirements of this act as 2 specified in sections 3 and 4,through an agency of the District government or through third-party 3 entities, which meet criteria to be established by the Mayor by rulemaking within 180 days of the 4 effective date of this act. 5 (2) The Mayor shall review the qualifications of each third-party entity approved 6 in this section at least every 2 years,to determine if the entity shall remain eligible to conduct the 7 verifications required in sections 3 and 4. 8 (3) Notwithstanding the Administrative Procedures Act, approved October 21, 9 1968 (82 Stat. 1204;D.C. Official Code § 2-501 et seq.),for the purposes of establishing 10 compliance with standards in sections 3 and 4, verification of a project shall be based upon the 11 standards in effect 6 months prior to the submission of the first construction permit application. 12 (4) Verification that a project has complied with the requirements of this act 13 under this section shall not relieve an applicant of any obligations or liabilities, otherwise 14 existing under law, and shall not relieve the District of its obligation to review all construction 15 documents in the manner otherwise prescribed by law. 16 (5) An applicant may apply for verification of a project by the Mayor at any time. 17 (6) Verification decisions by the Mayor shall be considered official 18 interpretations of green building verification requirements and may be appealed by an applicant 19 pursuant to 12 DCMR 112.1. 20 Sec. 6. Performance bond. 21 (a) Any commercial applicant who applies for an incentive described in section 7 of this 22 act shall be obligated to provide a performance bond which shall be due and payable upon 23 9 ENGROSSED ORIGINAL approval of the first building construction permit application. 1 (b)As of January 1, 2012, all applicants for construction governed by section 4 of this act 2 shall provide a performance bond, which shall be due and payable prior to receipt of a Certificate 3 of Occupancy. 4 (c) For the purpose of compliance with subsections (a)and (b)of this section,the Mayor 5 may accept an irrevocable letter of credit from a financial institution authorized to do business in 6 the District, or evidence of cash deposited in an escrow account in a financial institution in the 7 District in the name of the licensee and the District in lieu of the bond required by this section. 8 The letter of credit or escrow account shall be in the amounts required by subsection(d)of this 9 section. 10 (d)The amount of the required performance bond under subsection(a) above shall be 1 11 percent of the incentive provided. 12 (e)The amount of the required performance bond under subsection(b)above shall be: 13 (1) For a project with up to 150,000 square feet of gross floor area, 2 percent of 14 the total cost of the building. 15 (2) For a project with 150,001-250,000 square feet of gross floor area, 3 percent 16 of the total cost of the building. 17 (3) For a project with 250,001 square feet building of gross floor area and greater, 18 4 percent of the total cost of the building. 19 (f) The maximum amount a performance bond shall be$3 million. 20 (g) All or part of the Performance Bond shall be forfeited to the District,to be deposited 21 according to section 8,in the event that the building fails to meet the verification requirements 22 described in sections 3 and 4. 23 10 ENGROSSED ORIGINAL (h)The District shall draw down on the bond funds if the required green building 1 verification is not provided by an entity described in section 5, within 2 years of receiving the 2 first Certificate of Occupancy. 3 (i)The Mayor shall promulgate rules to establish additional requirements for the drawing 4 down or return of the performance bond. 5 Sec. 7. Incentives 6 Within 180 days of the effective date of this act, the Mayor shall establish an incentive 7 program to promote early adoption of green building practices by applicants for construction 8 permits for private residential and commercial buildings. The incentive program shall be funded 9 by monies deposited in the fund established in section 8, subject to the availability of funds. As 10 part of the incentive program, the Mayor shall establish a Green Building Expedited Construction 11 Documents Review Program, and may also provide grants to help defray costs associated with 12 the early adoption of green building practices as follows: 13 (a)(1)The Mayor shall establish within the District agency that administers the building 14 permit function in the District of Columbia Department of Consumer and Regulatory Affairs a 15 Green Building Expedited Construction Documents Review Program. 16 (2)The Department shall employ one green building development ambassador 17 and one green building construction permit application reviewer by October 1, 2008; and shall 18 employ one green building inspector by October 1, 2009. 19 (3) The green building development ambassador,the green building construction 20 permit application reviewer and the green building inspector shall work primarily to expedite 21 green building construction permit applications. 22 (4) If the Director is satisfied that the construction documents or the components 23 of the construction documents conform with the requirements of the Construction Codes and all 24 11 ENGROSSED ORIGINAL applicable laws,rules, and regulations under the authority of the Department, and all outside 1 agencies have performed required reviews and approvals, the Director shall approve the 2 construction documents or components of the construction documents within 30 days of 3 submission,provided all information necessary for approval is provided by the applicant at the 4 time of application. 5 (5) If additional information is needed by the Department to process a 6 construction permit application,the 30-day count will suspend until such time as the applicant 7 supplies the requested information. 8 (6)Within 180 days of the effective date of this act, the Mayor will submit to the 9 Council proposed rules for the establishment of 30-day expedited document review programs 10 within all other District agencies that must approve building permits. 11 (b)Grant incentives shall be available from: 12 (1) October 1, 2009 until December 31, 2011,to any applicant for a construction 13 permit for a commercial private building that will fulfill or exceed the verification requirements 14 of the LEED-NC 2.2,LEED-CI 2.0,or LEED-CS 2.0 standard, at the certification level. 15 (2) January 1, 2012 until December 31, 2015,to any applicant for a construction 16 permit for a commercial private building that will fulfill or exceed the verification requirements 17 of the LEED-NC 2.2,LEED-CI 2.0 or LEED-CS 2.0 standard, at the silver level. 18 (3) October 1, 2009 until December 31, 2015,to any applicant for a construction 19 permit for a residential private building that will fulfill or exceed the verification requirements of 20 the LEED-NC 2.2,LEED-CS 2.0 or Green Communities 2006 standard.Within 90 days of the 21 release by USGBC of the LEED for Homes rating system or the effective date of this act, 22 whichever comes later,the Mayor shall review LEED for Homes. If the Mayor deems LEED for 23 Homes an appropriate incentive under this subparagraph,the Mayor shall promulgate rules to 24 12 ENGROSSED ORIGINAL effectuate that decision. 1 (c) The Mayor shall promulgate rules governing residential applicants who fail to fulfill 2 the requirements of an incentive received under this section. 3 Sec. 8. Green building fund. 4 (a) There is established a fund designated as the Green Building Fund("Fund"), which 5 shall be separate from the General Fund of the District of Columbia. All additional monies 6 obtained pursuant to sections 6 and 9, and all interest earned on those funds shall be deposited 7 into the Fund without regard to fiscal year limitation pursuant to an act of Congress, and used 8 solely to pay the costs of operating and maintaining the Fund. All funds, interest, and other 9 amounts deposited into the Fund shall not be transferred or revert to the General Fund of the 10 District of Columbia at the end of any fiscal year or at any other time,but shall continually be 11 available for the uses and purposes set forth in this section, subject to authorization by Congress 12 in an appropriations act. 13 (b) The Mayor shall administer the monies deposited in the Fund. 14 (c) The Fund shall be used as follows: 15 (1) Staffing and operating costs to provide technical assistance,plan review,and 16 inspections and monitoring of green buildings; 17 (2) Education,training and outreach to the public and private sectors on green 18 building practices; and 19 (3) Incentive funding for private buildings as provided for in section 7. 20 Sec. 9. Green Building Fee. 21 (a) A Green Building Fee is established to fund the implementation of the Green 22 Building Act and the Green Building Fund. 23 (b) Upon the effective date of this act,the Green Building Fee shall be established by 24 13 ENGROSSED ORIGINAL increasing the building construction permit fees in effect at the time in accordance with the 1 following schedule of additional fees: 2 (1) New construction—an additional$0.0020/sq. ft. 3 (2) Alterations and repairs from$1,001 to$1,000,000-an additional 0.13% of 4 construction value. 5 (3) Alterations and repairs from$1,000,001 and greater-an additional 0.065%of 6 construction value. 7 Sec. 10. Establishment of the Green Building Advisory Council. 8 (a) The Department of the Environment shall provide the central coordination and 9 technical assistance to District agencies and instrumentalities in the implementation of the 10 provisions of this act. 11 (b) Within 90 days of the effective date of this act, the Mayor shall establish a Green 12 Building Advisory Council ("GBAC")with a general mandate of monitoring the District's 13 compliance with the requirements of this act, and of making policy recommendations designed to 14 continually improve and update the Act. 15 (1) The GBAC shall consist of the following 13 members: 16 (A) The Director of the Department of the Environment or the Director's 17 designee; 18 (B) The Director of the Office of Planning or the Director's designee; 19 (C) The Director of the Office of Property Management or the Director's 20 designee; 21 (D) The Director of the Department of Consumer and Regulatory Affairs 22 or the Director's designee; 23 (E) The Director of the Department of Housing and Community 24 14 ENGROSSED ORIGINAL Development,or the Director's designee; 1 (F) Six members appointed by the Mayor comprised in equal number of 2 representatives from the private and nonprofit sectors; 3 (G) One member appointed by the Chairperson of the DC Council 4 Committee that oversees the building permit function in the District of Columbia; and 5 (H) One member appointed by the Chairperson of the DC Council 6 Committee that oversees the DC Department of the Environment. 7 (2) Members of the GBAC who are not ex officio members shall have expertise 8 in building construction, development,engineering,natural resources conservation,energy 9 conservation, green building practices,environmental protection,environmental law,or other 10 similar green building expertise. 11 (3) The Chairperson of the GBAC shall be the Director of the Department of the 12 Environment. 13 (4) All members of the GBAC shall either work in, or be residents of the District, 14 and shall serve without compensation. 15 (5) The members shall serve a 2-year term. 16 (6) A member appointed to fill a vacancy or after a term has begun, shall serve 17 only for the remainder of the term, and until a successor is appointed. 18 (7) The GBAC shall advise the Mayor on: 19 (A) The development, adoption, and revisions of the District's green 20 building legislation, including suggestions for additional incentives to promote green building 21 practices; 22 (B) The evaluation of the effectiveness of the District's green building 23 policies and their impact on the District's environmental health, including the development of the 24 15 ENGROSSED ORIGINAL District's green building policies to the specific environmental challenges facing the District; 1 (C) Which green building practices should be included in the triennial 2 revisions of the Construction Code; and 3 (D) The promotion of green building education, including educating 4 relevant District employees,the building community, and the public regarding the benefits and 5 techniques of high-performance building standards. 6 (8) The GBAC shall meet at least 6 times each year. 7 (9) GBAC shall issue an annual report of its recommendations. The report shall 8 include recommended updates of green building standards,building systems monitoring and data 9 compiled from government owned or government instrumentality owned and operated buildings, 10 and an analysis of the building projects exempted by the Mayor under section 11 of this act.The 11 report shall be distributed to all members of the DC Council and the Mayor and made available 12 to the general public within 30 days after its issuance. 13 Sec. 11. Exemptions and extensions 14 (a) The Mayor may in unusual circumstances and only upon a showing of good cause, 15 grant an exemption from any of the requirements of this act based on: 16 (1) Substantial evidence of a practical infeasibility or hardship of meeting a 17 required green building standard. 18 (2) A determination that the public interest would not be served by complying 19 with such requirements. 20 (3) Other compelling circumstances as determined by the Mayor by rulemaking. 21 (4) The Mayor shall promulgate rules to establish requirements for the exemption 22 process within 180 days of the effective date of this act. 23 (5) The burden shall be on the applicant to show circumstances to establish 24 16 ENGROSSED ORIGINAL hardship or infeasibility under this section. 1 (b) If the Mayor determines that the required green building verification requirement is 2 not practicable for a building project,then the Mayor shall determine if another green building 3 standard is practicable before exempting the project from all green building requirements. 4 (c) Notwithstanding any other provision of this title, construction encompassed by 5 building construction permits applied for within 6 months of the effective date of this legislation 6 shall be exempt from green building verification requirements. 7 (d) Notwithstanding any other provision of this title,construction encompassed by a 8 contract for a disposition agreement with the District or an instrumentality of the District for a 9 property disposition for which the RFP was released prior to the effective date of this legislation, 10 shall be exempt from the relevant LEED-NC 2.2,LEED-CI 2.0 or LEED-CS 2.0 verification 11 requirements, unless the disposition agreement is executed more than 12 months after the 12 effective date of this legislation. 13 (e) Notwithstanding any other provision of this title the Mayor, upon a finding of 14 reasonable grounds, may extend the period for green building verifications required in sections 3 15 and 4 of this act, for up to 3 successive 4-month periods. 16 Sec. 12. Rulemaking. 17 (a)Within 180 days of the effective date of this act,the Mayor shall promulgate rules to 18 implement this act.The proposed rules shall be submitted to the Council in accordance with Title 19 1 of the District of Columbia Administrative Procedure Act,approved October 21, 1968 (82 Stat. 20 1204; D.C. Official Code § 2-501 et seq.),for a 45-day period of review,excluding Saturdays, 21 Sundays, legal holidays, and days of Council recess. If the Council does not approve or 22 disapprove the proposed rules, in whole or in part, by resolution within this 45-day review 23 period,the proposed rules shall be deemed approved. The rules shall not take effect until 24 17 ENGROSSED ORIGINAL approved or deemed approved by the Council. 1 (b)The Mayor may issue proposed rules to adopt future amendments, supplements, and 2 editions of the LEED rating system,or any other rating system,in whole or in part, pursuant to 3 subchapter I of Chapter 5 of Title 2. The proposed rules shall be submitted to the Council for a 4 45-day period of review,excluding Saturdays, Sundays, legal holidays, and days of Council 5 recess. If the Council does not approve or disapprove the proposed rules,in whole or in part,by 6 resolution within this 45-day review period,the proposed rules shall be deemed approved.The 7 rules shall not take effect until approved or deemed approved by the Council. 8 Sec. 13. Construction code revision. 9 The Construction Codes Approval and Amendments Act of 1986, effective March 21, 10 1987 (D.C.Law 6-216; D.C. Official Code § 6-1401 et seq.), is amended by adding a new 11 section 10c to read as follows: 12 "(10c)(1) By January 1, 2008, the Mayor,in consultation with the Green Building 13 Advisory Council, shall submit to the Council for approval construction code revisions that shall 14 incorporate as many green building practices as practicable for the Washington, D.C. urban 15 environment. If conflicts arise between the existing construction code and green building 16 practices, green building practices shall have priority;existing construction code requirements 17 may remain, provided they are more stringent than a relevant green building practice, or when the 18 Director determines that giving priority to a green building practice would not serve the public 19 interest. The construction code revisions shall also update the District's building energy code 20 requirements in effect at the time to those required by IECC 2006. 21 "(2)Every 6 months from the effective date of the Green Building Act of 2006, 22 the Mayor shall provide a written report on the progress of the current round of building code 23 revisions to the Chairperson of the Council committee that oversees the District agency charged 24 18 ENGROSSED ORIGINAL with the building permit function. The report accompanying the final construction code revisions 1 shall include a listing and description of each green building practice considered, and why each 2 practice was, or was not included in the respective construction code revision. 3 By January 1, 2010, and then after at least every three years by January 1 of the relevant year,the 4 Mayor shall submit to the Council for approval construction code revisions that are consistent 5 with the requirements of this section, and that incorporate green building practices developed 6 since the previous round of construction code revisions.". 7 Sec. 14. Public leasing of private property. 8 The Office of Property Management Establishment Act of 1998,effective March 26, 9 1999 (D.C. Law 12-175; D.C. Official Code § 10-1001 et seq.),is amended as follows: 10 Section 1804(a) (D.C. Official Code § 10-1003)is amended by adding a new subsection 11 (IA)to read as follows: 12 "(1A)As of October 1, 2008, priority consideration for the District government's 13 facility needs shall be given to buildings fulfilling or exceeding the LEED-NC 2.2 standard or the 14 LEED-CS 2.0 standard, at the silver level. The Mayor shall promulgate rules for the evaluation of 15 the factors the Office of Property Management shall take into consideration when applying this 16 paragraph.". 17 Sec 15. Inclusion in the budget and financial elan. 18 This act shall take effect subject to the inclusion of its fiscal effect in an approved budget 19 and financial plan. 20 Sec.+5 16. Fiscal impact statement 21 The Council adopts the fiscal impact statement in the committee report as the fiscal 22 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, 23 approved December 24, 1973 (84 Stat. 813;D.C. Official Code § 1-206.02(c)(3)). 24 19 ENGROSSED ORIGINAL Sec.+617. Effective date 1 This act shall take effect following approval by the Mayor(or in the event of veto by the 2 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 3 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 4 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 5 Columbia Register. 6 20 City of Seattle Legislative Information Service Information updated as of March 15, 2007 8:44 AM Resolution Number: 30121 A RESOLUTION endorsing the City of Seattle Environmental Management Program's Sustainable Building Policy. Date introduced/referred: February 14, 2000 ❑Date adopted: February 22, 2000 ❑Status: Adopted ❑Vote: 9-0 ❑ ❑Committee: Energy and Environmental Policy ❑Sponsor: WILLS Index Terms: CONSERVATION, CONSTRUCTION, FACILITIES, ENERGY-CONSERVATION Text RESOLUTION A RESOLUTION endorsing the City of Seattle Environmental Management Program' s Sustainable Building Policy. WHEREAS, Resolution 29885, which was adopted by the Seattle City Council with the Mayor concurring in January 1999, endorsed the Environmental Management Program (EMP) as representing the goals and policies of the City of Seattle; and WHEREAS, the EMP states that it is the policy of the City of Seattle to conduct its operations in an environmentally responsible and sustainable manner; to reduce its use of resources and generation of waste; and to lead by example; and WHEREAS, Resolution 29885 recognized the Office of Environmental Management as responsible for implementing the EMP and ensuring that City environmental goals are met; and WHEREAS, the EMP contained completed policies and procedures on thirteen separate environmental aspects of City operations and left placeholders for several remaining environmental policies to be developed, including Sustainable Building; and WHEREAS, an interdepartmental committee, the Green Building Team, working with the Office of Environmental Management, has developed a Sustainable Building Policy; and WHEREAS, representatives of all City departments with planned construction projects have been involved in the development of the Sustainable Building Policy; and WHEREAS, the City' s Environmental Management Oversight Panel and the City Design Commission have reviewed the Sustainable Building Policy; and WHEREAS, the City desires that its buildings and facilities be models of environmental, economic and social stewardship, contributing to the City' s goals of protecting, conserving and enhancing the region' s environmental resources and setting a community standard of sustainable building; and WHEREAS, incorporating the Sustainable Building Policy into the EMP will help ensure that the many new and renovated City facilities that are planned for construction in the next several years will be models of environmental stewardship; and WHEREAS, the Sustainable Building Policy utilizes the U.S . Green Building Council ' s Leadership in Energy and Environmental Design (LEED) rating system which provides a nationally recognized, common language for defining building sustainability; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT: The Sustainable Building Policy in Attachment A is incorporated into the Environmental Management Program and is hereby endorsed by the City Council . It is the intent of the City Council that the Sustainable Building Policy will apply to all new or renovated City- owned facilities greater than 5000 square feet . The Council recognizes, however, that it may not be feasible to immediately achieve Citywide adherence to the policy and so directs the Office of Environmental Management, with the participation of the interdepartmental Green Building Team, to report to the City Council Energy and Environmental Policy Committee by December 2000 with the following: a. ) a status report regarding which new or renovated City facilities are actively utilizing LEED in their design and construction; b. ) a summary of any issues associated with implementing the Sustainable Building Policy that contribute to or detract from the City' s ability to meet the policy' s intent; and c . ) an evaluation plan for measuring the costs and benefits of the Sustainable Building Policy to the City. ADOPTED by the City Council of the City of Seattle this day of 2004 , and signed by me in open session in authentication of its adoption this day of 2004 . President of the City Council THE MAYOR CONCURRING: Paul Schell, Mayor Filed by me this day of 2004 . City Clerk (SEAL) Attachment A: Sustainable Building Policy Drury/peyer SustainbldgRES February 2 , 2000 version 2 Attachment A Sustainable Building Policy 6 . 9 Sustainable Building 6 . 9 . 1 Purpose The purpose of a Citywide policy on sustainable building is to demonstrate the City' s commitment to environmental, economic, and social stewardship, to yield cost savings to the City taxpayers through reduced operating costs, to provide healthy work environments for staff and visitors, and to contribute to the City' s goals of protecting, conserving, and enhancing the region' s environmental resources . Additionally, the City helps to set a community standard of sustainable building. 6 . 9 . 2 Organizations Affected All City departments and offices and their contractors responsible for financing, planning, designing, developing, constructing and managing City-owned facilities and buildings. 6 . 9 . 3 Definitions Sustainable Building Sustainable building integrates building materials and methods that promote environmental quality, economic vitality, and social benefit through the design, construction and operation of the built environment . Sustainable building merges sound, environmentally responsible practices into one discipline that looks at the environmental, economic and social effects of a building or built project as a whole. Sustainable design encompasses the following broad topics : efficient management of energy and water resources, management of material resources and waste, protection of environmental quality, protection of health and indoor environmental quality, reinforcement of natural systems, and integrating the design approach. Life Cycle Cost Analysis An inclusive approach to costing a program, facility, or group of facilities that encompasses planning, design, construction, operation and maintenance over the useful life of the facilities and finally any decommissioning or disassembly costs . Life Cycle Cost Analysis looks at the net present value of design options as investments . The goal is to achieve the highest, most cost-effective environmental performance possible over the life of the project . LEED Rating System LEER stands for Leadership in Energy and Environmental Design, and is a voluntary, consensus-based, market-driven green building rating system. It is based on existing, proven technology and evaluates environmental performance from a "whole building" perspective. LEED is a self-certifying system designed for rating new and existing commercial, institutional, and multi-family residential buildings . It contains prerequisites and credits in five categories : Sustainable Site Planning, Improving Energy Efficiency, Conserving Materials and Resources, Embracing Indoor Environmental Quality, and Safeguarding Water. There are four rating levels : Bronze, Silver, Gold, and Platinum. 6 . 9 .4 Policy It shall be the policy of the City of Seattle to finance, plan, design, construct, manage, renovate, maintain, and decommission its facilities and buildings to be sustainable. This applies to new construction and major remodels in which the total project square footage meets the criteria given. The US Green Building Council ' s LEED (Leadership in Energy and Environmental Design) rating system and accompanying Reference Guide shall be used as a design and measurement tool to determine what constitutes sustainable building by national standards . All facilities and buildings over 5, 000 gross square feet of occupied space shall meet a minimum LEED Silver rating. Design and project management teams are encouraged to meet higher LEED rating levels . A Mayor' s Award for achieving a higher rating will be awarded. (See also Energy and Water Conservation Policy and Landscape and Grounds Management Policy. ) 6 . 9 . 5 Procedures and Responsibilities The Directors of all City Departments whose responsibilities include planning, designing, constructing or renovating City- owned facilities shall be responsible for ensuring that facilities and buildings comply with 6 . 9 .4 . The City' s Office of Environmental Management (OEM) shall be responsible for coordinating any educational, technical and financial resources available to City departments that support and promote sustainable design and construction of City facilities . The City' s OEM shall be responsible for annually evaluating and reporting to the Oversight Panel how well applicable City construction projects meet the goal of sustainability. The Office of Environmental Management shall establish the minimum number of credits required in each of the LEED categories so that projects shall demonstrate performance in all categories . The City' s interdepartmental Green Building Team, under the OEM, shall be responsible for reviewing and updating the City portion of the LEED reference manual annually, for helping provide technical expertise on specific sustainable building issues on a case by case basis, and coordinating LEED training programs . 6 . 9 . 6 Budgeting and Financing All capital construction which falls under this policy will be expected to budget to meet at minimum the LEED Silver rating. Budget planning and life cycle cost analysis to achieve a higher rating of gold or platinum is encouraged. 6 . 9 . 7 Training City capital project managers currently managing or likely to manage projects which fit the criteria in 6 . 9 .4 will be responsible to attend introductory LEED training and annual follow-up training. LEED training will be coordinated through the office of Environmental Management and/or other sponsoring departments . 6 . 9 . 8 References City of Seattle Sustainable Building Action Plan Seattle ' s Solid Waste Plan: On the Path to Sustainability USGBC LEED Reference Manual Seattle Energy Code 14 F: p X a „:.._.' :�\ r '.• a. \\�. "., � ., t�I� � ... ". *; `�date \r>� � �... °c'�_ y_..a w a z � NOVEMBER 2002 s a��>m� � .. ;.., ... � x•\. ""��...: �tv. ',�,,. `�'- ....; ._._�'�rs:. �' ,,.p:- `." -:�� ss:.> U\k � �� ._:xiA,x. 5a•\. , �: :.<.�\v`s `a..�\. °�<-..so.".�:, -.-.- _. a.aaa. a.:. � ..:- .. .. .. -.r-. .tII;�t\. , .��"_., ."-<-_::. � �'`` ='�\� "°,�\` _ .1"'•«..: ��;. %z t �> �'-�- a �� .. "'� �>- �"� v�: ,� a.. `�'�, _. t^-� :. -� �, �\�.�.,� � - �'� fir.>•i- � � � sca `• �, ��, ? R'�- .,.::: ��; 1`,.� a .�� rte- a x �- A -� =�`- mg,4a - \ \ ?,� UP- jg y 7 i a .�� 7 xs� :a�-.. v.tea':A\� -`� \� ., v�`>�s. :'.�'�, �'�.�� '�� @'\:. � e:.� �•�sv . < x tw U.S.Green Building Counul - ------- "'g - �a r r �` v v a v _ _.� s- , ..:, FIF `�. ._. >.:a-:: s �� , .. v• _,., ... .. � �. ..., ., a � \ v , P WE \ x a� uN . s" .. -- 3 "t< ,-:- U.S.GREEN BUILDING COUNCIL State and Local Government Tool Kit t , 3v NOVEMBER 2002 � . Federal Government Partners City of Berkeley,California U.S.GREEN BUILDING COUNCIL Air Force City of Boulder,Colorado Air Air National Guard Browa rd County Commina State and Local Government U.S.Army Corps of Engineers Burlington Electric Departmment t Vermont Bonneville Power Administration City of Cambridge,Massachusetts To o I Kit • U.S.Department of Commerce City of Chicago,Illinois Center for Disease Control and Prevention-FPMO City of Dallas,Texas U.S.Department of Energy Dallas/Fort Worth International Airport Board,Texas U.S.Green Building r US U.S.Department of Energy National Laboratories City of Denver,Colorado BACKGROUND 4 OF CONTENTS uncil Environmental Protection Agency City of Dub in,California Co US.General Services Administration City of Durham,Department of Solid Waste Vision for the Tool Kit National Institute of Health Management.North Carolina U.S.Green Building Council 1015 18th Street,NW,Suite 805 Canada Mortgage and Housing Corporation City of Eugene,Oregon ,DC 20036 Washington, U.S.N City of FremontCalifomia USGBC State and Local Government Committee �II g Naval Navy Engineering Command City of Gaithersburg,Maryland Development of the Tool Kit National Park Service City of Hillsboro,Oregon L 202.828.7422 Pentagon Renovation Program City of Issaquah,Washington Acknowledgements f. 202.828.7722 The P/esidloTrust City of Kansas city,Missouri National Institute of Standards and Technology King County Housing Authority,Washington INTRODUCTION 6 - U.S.Department of State King County,Washington Green building stewardship in the public sector e, info®usgbc.org Lake County,Growth Mariagemeet w.www.usgbc.org USGBC State and Province Building Services Division,florida Activities at the federal level Government Members: City of Livermore,California State and local leadership British Columbia Buildings Corporation City of Long Beach,Califomia State of California, City of Los Angeles,California USGBC advocacy for public sector innovation Department of General Services Mecklenburg County,North Carolina LEED"—Leadership in Energy and Environmental Design Department of Health Services Multnomah County,Oregon Energy Commission City of New York,New York Integrated waste Management Board City of Oakland,Cahfomia GETTING STARTED 8 California Public Employees Retirement System City of Orlando,Florida Introduction California State Parks City of Palo Alto,California State of Georgia,Pollution Assistance Division City of Philadelphia,Pennsylvania First steps:Creating a context State of Illinois,Historic Preservation Agency City of Pleasamon,Califomia Assessing opportunities and barriers State of Maryland.Deparhnent of Natural Resources 'Pod of Oakland,Califomia Best start-Up practices Maryland Green Buildings Council Portland Development Community,Oregon Massachusetts Technology Collaborative Portland Metro,Oregon Capitalizing on organizational resources State of Michigan City of PortandAregon What decision makers need to know Missouri Energy Center Pulaski County,Regional Solid Waste Management Mohegan Tribe of Indians of Connecticut DisuictArkansas Developing guidelines New York state Energy Research&Development City of Richmwd,British Columbia Incentives Authority San Diego County,Departmentof Planning and Land State of New Jersey Department of Environmental Usk California Develop training and outreach programs Prawn City of San Diego,California Creating exemplary or showcase buildings State of New York, San Francisco Bay Area Rapid Transit District. Department of Environmental Conservation San Francisco County,California Dormitory Authority City of San JoskCalifomia USING LEED 20 State of Oregon City of San Leandro,California Why choose LEED? Oregon Office of Energy San Mateo County,California Commonwealth of Pennsylvania Santa Barbara county,California What they're saying:Testimonials Texas Parks and wildlife -City of Santa Monks,CalHomis Who's done it:Local,state and federal LEED case studies State of Washington, `Sarasota County Government Florida Department of Ecology City of Scottsdale,Arizona How to adapt LEED Department of General Administration City of Seattle Washington Snohomish County,Washington DEFINITIONS 48 USGBC Local Government Members - Sonoma County,California Alachua County,Board of County Commissioners, City of Surprise,Arizona Florida C{ry of Tacoma,Washington ABOUT THE USGBC 54 Alameda County,California _.Town of Cave Cteek,Arizona Alameda County,Waste Management Authority, City of tucson,Department of Operation%Arizona FREQUENTLY ASKED QUESTIONS 56 California City of Vancouver,British Columbia City of Alameda,California + Greater Vancouver:Regional District Ad{ngmn County,Office of Support Services,.Virginia British Columbia RESOURCES 58 Aspen/Pltkm County Building Departmentcolorato''' Warren County,Economic Development Authority City of Austin,Texas Virginia LEED users summary Battery Park City Authority New York,New York Washington County,Oregon State and local government surveys City of Bellevue,Washington Whistler Municipality,British Columbia Background phone survey of a number of jurisdictions that have subsequently adopted or are in the process of adopting LEED as the centerpiece of their green building program. The U.S.Green Building Council In making this information available for others to use,the Council hopes to reduce redundant start-up efforts of new agencies seeking to formulate green building The US.Green Building Council(USGBC)is the nation's foremost coalition of leaders from initiatives.By providing an invaluable summary of a variety of green building programs, BACKGROUND across the building industry who are working to promote buildings that are environmen- this"state and local government tool kit"can help empower public sector managers, ACKNOWLEDGEMENTS tally responsible,profitable,and healthy places to live and work.Breakthroughs in architects and engineers. building science,technology and operations are now available to designers,builders, Main Authors building owners and managers who want to build green and maximize both economic Bill Reed Natural Logic and environmental performance.The Council's diverse membership is leading a national Entities Surveyed: Sandra Leibowitz,Natural Logic consensus for producing this next generation of buildings. Hillary Brown,New Civic Works • Arlington County,Virginia Mary Tuck%City of San Jost,CA Council membership is open and balanced.h is comprised of manufacturers,architects, y,Maryland Department of � Mark Bundy, building owners,government agencies,engineers,real estate professionals,colleges • City of Santa Monica,California Natural Resources Invaluable assistance and universities,and environmental organizations.This type of representation provides • City of New York,New York Judith Heerwagen,ludith Heerwagen a unique,integrated platform for carrying out important programs and activities. Associates,Seattle,WA • City of Austin,Texas Karen 1.Lewis,Environmental Law 8 Policy Center,Chicago,It Vision for the U.S.Green Building • City of San Diego,California Stephanie Wallace,EP0. Local Government Tool Kit The State and Local Government Committee Utah State Energy Office Across the country,state and local governments are developing exemplary Within the U.S.Green Building Council,the State and Local Government Committee • City of San lost,California The Scott initiate tand sup provided funding ro initiate and support green building programs.A range of seeks to develop a forum for the exchange of information among cities,counties development of this tool kit. demonstration projects and publications • City of TUcson,Aflzona The Urban Consortium of the exist featuring voluntary or mandatory and states to advance the successful implementation of green building programs. Public Technology Institute of t provided guidelines that are advancing green Since the building design and procurement processes for both the public and private • Commonwealth of Pennsylvania funding for disvibming the survey, principles.Many of these government compiling the results. programs have developed tools such as sectors are typically guided by local ordinances and state regulations,local governments legislation,revised building codes, can encourage green buildings by mandating green design strategies for their • City of Seattle,Washington The stag of the Austin Energy Green tax incentives,and project proposa0 Building Program,including Richard solicitation language.The tools created own facilities,as well as providing incentives and guidelines for the private sector. . �' Of Scottsdale Arizona Office of Sustainable Morgan,Marc Richmond.CA Boggs, by these public sector programs , Development Usa Nutt and Jeanine Christensen. are indispensable to other government (in LEED 2.0 Gold-rated The staff of the USGBC entities beginning their own green • State of Maryland lean Voaum Natural building initiatives. Development of the Local Government Tool Kit Capital Center), Special to all those who took time City of Portlan4oR yoork schedule to respond to the surrey.Those people are,in The purpose of the tool kit project was In Its Strategic Action Plan for 2000-2005,the U.S.Green Building Council recognized no particular order: to gather information about existing the need to involve state and local governments as strategic partners in its push for Anthony Floyd,City of Scottsdale AZ publications and programs and make h Rob Bennett Portland Energy Office, accessible through publications and global adoption of green building practices.Early direction set by various cities and Pordand,OR an Interactive Web site.This would allow regions has encouraged consumers to lace a higher value on green buildings and those interested in starting a green g p g g B Tom Arnold,Clty of San Diego CA building program to access information encourage professionals to employ green practices.This has resulted in a dramatic Susan Munves,City of Santa Monica,CA quickly about existing programs and to see model programs and the different increase in pilot projects,ordinances,incentives and guidelines across the country. "`'"'-- Lucia Athens,Seattle Public utilities, tools of the featured programs. Many lessons may be drawn from their successes,and the Council wants to share +r Seattle,WA these examples with jurisdictions just getting started nationwide. Sego Athens,Snohomish Canty Y,a Department of Public Works ' Stuart Simpson,State of Washington Surveys conducted A formal survey was conducted in January 2001 of public sector Department of General Administration green building programs to develop an information Clearinghouse on their ongoing #.' James Toothake,state of Pennsylvania activities.This survey,funded by Public Technology Ire.,and conducted with the Department of the Environment Tom Estes,California Integrated Waste support of the Austin Green Builder Program,contains information on the various Management Board program goals,projects,tools,resources,participating partners,performance measure- Gary Flamm,Califomia Energy ments and market transformation strategies.More recently,the Council undertook a Commission 4 5 Introduction in the public sector.Over the past several years an increasing number of green building guidelines have been published and made available on the Internet At the annual USGBC Membership Summits,state and local leaders are sharing Green building stewardship in the public sector experiences and resources in an effort to help others get started. In the last several years,there has been a ground swell of public sector interest in State and local green building programs today are taking many forms.While early building and operating green.Throughout the United States,federal,state,county,and were frequently launched b green building champions actin within INTRODUCTION programs Q Y Y9 9 P 9 INTRODUCTION municipal governments have begun to incorporate energy and resource-efficient government agencies,today,more programs are taking shape in legislative initiatives principles into public works programs.With billions of square feet of space under their given form through the political will of citizen interest groups or advocacy organiza- direct control,state and local government agencies are major consumers of design tions.With increasing frequency,mayors and governors are supporting the green At the annual and construction-related services.Together with a proactive federal government,they building movement through executive orders or ordinances that commit their are starting to transform conventional practice in the building industry into an jurisdictions to building green.Some initiatives are voluntary,others compulsory,and USGBC approach that reduces the environmental impact of construction-related activities a number offer building owners and developers incentives such as a green building while producing meaningful savings to the taxpayer. commercial and residential tax credits.Across the nation,these activities have been Membership By championing green building practices in real estate development,the public sector the product of bipartisan creativity and advocacy work. is helping to set the standard for others to follow.Through operating efficiencies that Summits, state and reduce water,fossil fuel,and material resource use,green public and private facilities can save millions of dollars annually.By building green through the use of appropriate USGBC advocacy for public sector innovation local leaders are • Green building stewardship materials,increased daylighting,and ensuring investments in good indoor air quality, Throughout the country,USGBC members continue to play an important role in governments can foster healthy and supportive places of work,thus reducing sharing experiences in the public sector championing green building pdicy.An important recent development has been the absenteeism,employee turnover and improving worker performance.Governments incorporation of the LEED Rating System into the basic framework for state and and resources In • Activities at the federal level can also use their purchasing power to expand the markets for green building municipal policies.In several cases,government agencies or appointed task forces products,including clean and renewable energy technologies. have been working directly with Council personnel to supplement the national LEED • State and focal leadership an effort to help standards with appropriate local laws and regulations. • USGBC advocacy for public Others get Started. sector innovation Activities at the federal level One of the USGBC's vital functions is developing guidelines to define sustainable building and development—in the areas of design,construction,and operations.This • LEED"—Leadership n Under a 1999 Presidenfial Executive order and through programs fostered within many p' guideline,known as the LEED Green Building Rating System,is rapidly becoming of its key agencies,the federal government has committed to building green.The Armed Energy and Environmental the nation's standard for designing,constructing,and certifying sustainable buildings. Design Services(Army,Navy and Air Force)and the General Services Administration(GSA), together with the Department of the Interior are using the LEED Green Building Rating , ;, System'as the standard for renovating and constructing new facilities,At present, �. several dozen LEED registered projects are under design or construction. , , State and local leadership YIV l h�i I�� rf Much of the early leadership and groundbreaking work in the public arena for green �I building was started at the local level.Since the City of Austin,T),founded its Green Builder Program in 1991,there has been a steady progression of initiatives from various municipalities and states around the country.Cities like Seattle,WA;Portland, OR;San Diego and Santa Monica,CA;New York,NY,and states including California, Maryland,and the Commonwealth of Pennsylvania,among many others,are contributing their successful innovations to the knowledge base of greening facilities USGBC members.„play an Important role In championing green building policy. 6 7 Getting Started Assessing your opportunities and barriers To develop a model program for green buildings in your city or state,begin by reviewing the opportunities that exist and addressing the barriers. Introduction Opportunities—Quantify your benefits:Many programs have won advocates or GETTING STARTED i How do green building programs start?In many cases,they have started with one reached a crucial decision maker through a promotional campaign that shows what GETTING STARTED person,with a vision or an ideal that building green can happen within their commu- government can realize by going green.It is important to identify the following • Introduction benefits as specifically as possible:oily.Green building programs have started with individual discussions with key policy P � P • First steps:Creating a makers and decision makers within a community.Interested staff members within a • Express potential green building returns in terms of measurable outcomes as a way context city,county or federal agency have begun to research the possibility of sustainable to articulate the benefits of building green. buildings,involved their local community in a process to recommend green building • Assessing your opportunities programs,and started programs that eventually can affect city and private sector • Consider quantifying the types,numbers of project,and overall square footage of and barriers facilities.There are many ways to start a green building program.The following ideas publicly owned and operated real estate that could benefit from improved provide a broad range of opportunities for getting green building started within your environmental performance.Consider leased space as well in this assessment. • Best start-up practices own community. • Examine 4-,S-or 10-year capital plans to evaluate the magnitude of improvements • Capitalizing on and extrapolate potential returns in terms of operating savings if a portion or organizational resources all of those capital projects were to incorporate green principles at neutral cost or First steps:Creating a context small cost in • What decision makers need increase. to know Sustainable design and construction programs develop best in the context of broader institutional policy-making.Specifically,green building should be realized as a part of Example:New York City attempted to quantify a range of anticipated facility savings • Developing guidelines a continuum of concerns known as sustainable development,which encompasses on a square foot basis in the"Measurable Benefits"section of its High Performance areas such as: Building Guidelines.It also tried to place a value on personnel expenditure reduc- • Adopting LEED tions such as reduced absenteeism.It further looked to address general municipal • Smart growth operating savings from waste reduction,and avoided operating and capital costs of • Adapting LEED • Infrastructure development water filtration and treatment.Summarizing green building economics in this fashion • Community health helped pre-empt man of p • Adopting and supplementing Waste management and use of recycled materials P P P y the skeptics. LEED . Materials reuse t'> leifgea ",fII r iv i"�' Y tx • Incentives Local and regional economics • Responsible energy policies Y « • Develop training and • Public open space on— outreach programs • Transportation policies eww ' • Creating exemplary or At the micro scale,purchasing programs should ensure environmental) Informed showcase buildings P g P°g Y procurement of goods and services.Green building then can be the centerpiece of a program merging environmental stewardship with sound business principles. Above:site plan for LEED registered Another part of the context equation is identifying existing initiatives that support the projects In Arlington,Virginia: idea of an integrated sustainable building program.Often various departments John M.Langston support specific elements of green building that serve as a justification for a coordi- High school Continuation 8 nated approach.For example,Seattle's Sustainable Building Policy is part of its Langston-Brown Environmental Management Program and uses over two decades'worth of experience Community Center. in energy and water conservation initiatives as a base. 8 9 Barriers—Assess your challenges:Anticipate some of the main barriers to Set up a working group:Given the competition for scarce resources and funding in building green within your jurisdiction.Awareness can heighten creative ways around today's bureaucracies,it is a challenge(even in a supportive political climate)to make administrative or bureaucratic impediments.Examples of potential constraints include: building green a top public management priority and to gain dedicated personnel for this • Regulatory barriers(real or perceived)—Building green may be perceived to effort.For this and other reasons,consider establishing a working group made up of current conflict,or may in fad conflict with local ordinances or codes(in the case of using staff—who already are(or could potentially be)champions of green building—recruited GETTING graywater,for example). from public works and related departments.This diverse working group can be charged STARTED with developing an action plan to establish a green building policy.These working groups GETTING STARTED • There may be barriers to getting approvals for innovative material/equipment often prepare findings in a report and/or series of recommendations.In many cases,these without a track record.Designers may also be risk adverse in piloting new products. action plans become the basis of an Executive Order to adopt green building principles. An advisory • The first cost barrier—under budgetary guidelines,the payback period is often Many local governments have started by convening a working group representing used as the determinant for implementing many green measures regardless of various departments with specific environmental,fiscal,administrative and construc- group can often other benefits.Low power prices often paid by large jurisdictions tend to extend tion expertise.Policy should be developed in the context of overlapping agency r the payback timeframe,eliminating worthwhile measures. missions,by drawing on personnel from the environmental protection or natural enhance resources division,sanitation and water and sewer departments,parks and recreation • No link to savings—the administrative separation between capital and expense office,and public health and safety officers,among others;these experienced bureau- the work of a funding impedes the project-specific financing of efficiency improvements oats can enrich the dialogue about public works and green building policy-making. from future operating savings.(Infrastructure savings can be made if resources and task force. wastes are minimized at the building scale by providing the right incentives). Procurement experts,budget analysts,and other oversight agencies are also vital members of such a task force,since they pave the way for implementation.They can help modify administrative structure,and develop new capital project procedures Best start-up practices supportive of green principles.In the end,inter-agency cooperation and creativity will yield a much more integrated policy for a jurisdiction. Citizens,public servants,and government executives who want to promote sustain- able design and construction should take notice of the many exemplary approaches to Establish an advisory group:An advisory group can often enhance the work of a , "going green."Among the legislative options are green building ordinances,develop- task force.Such a group might consist of private sector building industry representa- ment incentives,and tax credit programs.Increasingly,states and municipalities are tives and other stakeholders.Involving these individuals in the development of green simply issuing an Executive Order,a mechanism by which a mayor or governor directly building policy,or including them in educational and outreach programs helps mandates the integration of sustainable building practices into all public concoction promote future acceptance of these new practices by the local building industry. programs,often including community development projects as well.The green,or sustainable building policies of several cities,such as Seattle and San JosE,currendy only apply to city-funded projects of over 5,000 or 10,000 square feet respectively. Summary:Steps to consider Each city is in the process of developing sustainable guidelines for their affordable housing projects that receive federal or state pass-through funds. • Identify internal and external champions. Each local program must address the political,economic and environmental realities • Convene working groups:a dedicated task force and an advisory group. of its area. Local variations aside,there are some proven tactics that can be advanced • Consider existing opportunities,local and regional priorities,and current activities as best practices.Review these with your resources in mind.To develop a model and identify barriers to greening. program for green buildings in your city or state,be sure to begin by reviewing the opportunities that exist and addressing the barriers.(See the prior section entitled • Evaluate the strategies and plans of key decision and policy makers—determining Assessing your opportunities and barriers.) how adoption of LEED assists him/her accomplish their agenda. • Develop an action plan with short-term and long-term implementation items. • Develop and adopt guidelines for the jurisdiction;or • Adopt LEEDTM as the governing standard for building construction. • loin the U.S.Green Building Council. 10 11 Examples of public programs that developed an integrated approach to Examples of non-profit organizations that partnered with local governments: green building policy: • Center for Maximum Potential Building Systems in Austin,Texas,provided much of • The City of Seattle,Washington,created a Sustainable Building Action Plan, the conceptual and programmatic framework for the City of Austin's Green identifying opportunities,barriers,and an action plan for sustainable building. Building Program in 1989. The Action Plan identified the creation of a Sustainable Building Policy as a priority item,subsequently achieved by the Green Building Team,an inter-departmental • New York State's Green Building Tax Credit legislation,an initiative emanating GETTING STARTED committee of technical,policy and program staff that established the sustainable from the Governor's Office,was largely enabled by the Natural Resources Defense GETTING STARTED building policy and program implementation. Council,the Real Estate Board of New York,together with Environmental Business Associates,under the auspices of the New York State Energy Research and Consider • The Commonwealth of Pennsylvania established the Governor's Green Development Authority. Government Council combining • The State of California's partners included the Building Owners and Managers • New York City's informal Green Building Task Force undertook a feasibility study Association(BOMA). resources and before launching the High Performance Building Guidelines Partnerships with utilities(municipal and investor-owned),power authorities • The State of Maryland's Executive Order 01.01.2001.02,Sustaining Maryland's or public benefit organizations: sharing Future with Clean Power,Green Buildings and Energy Efficiency.This requires • New York City was the beneficiary of NYSERDA grant monies which funded the creation of a commission to make recommendations and set criteria for technical assistance for its Guidelines development as well as on-going consulting visions with other p 9 9 9 constructing and maintaining energy efficient and environmentally responsible expertise on over a dozen pilot projects now underway. state facilities,setting goals for the purchase of'green power"and outlining a appropriate comprehensive energy conservation strategy. • Seattle's major utilities,Seattle City Light(electricity)and Seattle Public Utilities organizations. (water,solid waste and drainage),are city departments.Both of these municipal utilities have served as a driving force for the development of Seattle's Sustainable Capitalizing on organizational resources Building Program,due to the dovetailing of conservation interests between the program and the utilities. Partnering can augment efforts and create synergies,so consider combining resources and sharing visions with other appropriate organizations.Many public sector programs have looked to other governmental or non-governmental partners to assist in getting What decision makers need to know green building initiatives off the ground.Often,environmental non-profits,civic groups, and Individuals have stepped forward to collaborate with agencies around the oppor- Citizens,activist;council members,agency heads,middle managers—any motivated tunity of policy development.In some cases,academic or research and development individual or group,public or private sector—can help create a green building program organizations have been included as participants.Municipal utilities and public benefit by putting information and expertise at the disposal of the modal decision makers. organizations,too,can often play a key role.Collectively,these partners provide leadership and help build a broad constituency for sustainable development.Across the Each new program helps move our construction economy closer to the standard of board,governments have benefited by leveraging this additional energy and expertise sustainable design and construction.A local initiative sponsored/undertaken in your in pursuit of a common mission. community,city or state will help accelerate the process,by contributing to the green design momentum.Here are some basic points to make to decision makers: 12 13 Why the public sector should green its buildings Adopting LEED • Good fiscal management Currently,a large number of programs rely upon the Council's LEED Rating System Green buildings produce operating cost savings in facilities thus saving taxpayer and Reference Guide as the defining standard for building performance.Many cities, dollars.Relatively small first cost investments can leverage annual energy and counties and state agencies are now putting it forward as the recommended design other savings,freeing up expense money for other services. and construction tool.Still others have or shortly will be adopting LEED outright GETTING STARTED • Quality of life issues without modification as the required standard for public building performance. Green buildings offer improved working environments through the use of environ- Some locales—especially many early adopters of green design—that had earlier GETTING STARTED mentally sound materials,investments in'daylighting'and good indoor air quality. developed their own voluntary or mandatory green guidelines are finding LEED a High quality,healthy work environments can improve occupant performance,and complementary tool to rate their own projects and are incorporating a certification t thus also reduce employee absenteeism and turnover.Such facilities thus have requirement in their policy. Many experienced „s great potential to provide high human resource returns for initial green building Benefits to State and Local Governments using LEED green buildin g capital investments. S LEED provides all the benefits of a national market transformation system while g • Economic development potential affording built-in flexibility for accommodating state and local priorities,including advocates claim Widespread application of green practices(across a large real estate portfolio)can unique circumstances.While some jurisdictions find that LEED works well foster new markets for green products and clean energy technologies. "off the shelf,"others prefer to create official applications within the context of that a LEED Silver their overall green building efforts.The LEED system allows both. • Environmental stewardship rating may Green buildings at a large program level produce environmental outcomes such as • LEED reduces technical and administrative uncertainties because it has been produced reducing governmental waste management costs,water filtration and treatment by the nation's leading coalition of leaders from across the building industry. be achieved at expenses.By giving preference to products with a good environmental track record,green buildings reduce regional air and water pollution.Cities and states • LEED saves time and resources by providing a comprehensive set of tools for local application and use. nO additional COSt a that commit to energy conservation and renewable energy generation will also � significantly reduce their greenhouse gas emissions. • LEED avoids the need to establish local certification bodies. to the project. • Government entities that join the USGBC as members have the opportunity to Developing guidelines shape LEED by being involved in committee work and voting on LEED ballot issues. Many jurisdictions have created their own guidelines or a green building primer as an end • LEED provides a tool for benchmarking with jurisdictions across the country. „3 product of their task force planning efforts Many excellent examples of such guidelines See the LEED Web site for a current list of projects registered for certification. exist produced by government entities or advocacy organizations that were early adopters of public green building programs,before the existence of LEED. • LEED already has tremendous momentum due to its design elegance.The growing number of public-private partnerships with federal,state and local governments As a strategy to publicize methods of improving building practices and as policy enhances LEED's credibility. instruments,such guidelines serve to educate the general public as well as actual green team participants in the benefits of sustainable design,coaching them through • Since the performance level of the building industry gradually improves over time, the new processes involved.Beginning with the rollout of the LEED rating system in LEED evaluates performance thresholds every three to five years,saving the March 2000,many jurisdictions have found the most efficient course of action jurisdiction money and time to change statutes. (and least redundant)is to adopt LEED as the centerpiece of green building policy. 14 15 Adapting LEED Incentives Some government programs of large scope have capitalized on the flexible architecture There is an enduring and widespread perception in the building industry that green of LEED and sought to adapt it to their regional needs through an Application Guide. buildings inevitably carry a higher initial cost premium for design and construction; Using LEED as the foundation for green building policy,they have made certain this has become a popular position among those most adverse to innovation and allowable modifications to the LEED Rating System and documents to address regional organizational change.Some bureaucrats also adhere to this view,citing it as an GETTING STARTED or jurisdictional concerns. obstacle to greening government on a portfolio-wide basis. GETTING STARTED It will also be limited in scope to that version unless companion versions are also There is,as yet,no statistically definitive answer in the public building sector to the liuiillq, liiuoiulI� produced for all of the LEED products,and all of these will also need to be kept up-to- first-cost issue.Many experienced green building advocates claim that a LEED Silver d date with LEED developments.If considering adapting LEED,however,this is not an rating may be achieved at no additional cost to the projecLOthers contend that a undertaking to be taken lightly.Adapting LEED is a major commitment with long-term probable range of construction cost increase is between 1 to 3%for a LEED rating, implications.The LEED standard is under continuous improvement,revision and and considerably higher for gold or platinum ratings.It is safest to say that it depends extension to its scope.Any adaptation will also need to be upgraded continuously to entirely on the project type,intentfamiliarity of the design team with LEED,level of stay consistent with the LEED version that it is based upon.Furthermore,as the LEED performance being sought as well as the stage at which(and how thoroughly)LEED is standard continues to develop and new variants and application guides for new sectors integrated into the design and construction process. are produced,so a local adaptation will also need to reflect these changes In getting started,there are a number of ways to progress beyond the first-cost If developing a LEED Application Guide,you need to consider very carefully how you concern and avoid debate,by ensuring at the outset the overall adequacy of project plan to respond to the following ongoing implications: resources for the desired performance attainment level.Considerations include: • How will you maintain your adaptation as updates to LEED are implemented? • Adjusting total project budgets incrementally and far in advance—i.e.in the These can occur as major new releases(version X)or as updates(version X.x). 'out-year'of a budget cycle—when adjustments are more easily made W9 • How will your adaptation be coordinated with existing versions of LEED and new • Adding funding increments for design fees to cover the costs of energy modeling, versions under development—e.g.for New Buildings,for Core&Shell Buildings,for daylight and materials analysis.These services are readily justifiable as they clearly Commercial Interiors,for Existing Buildings,for Homes,for Communities,etc.? go beyond conventional design services. • How will your adaptation be coordinated with existing and new application guides for Locating funding sources(grants or cost-shares)for these additional design services ' different Horizontal market sectors—Retail,Laboratories,Schools,Health care,etc? from utilities or other partners.New York State Energy Research and Development Authority,for example,provides such services listed above on a cost-shared basis. • How will your adaptation accommodate updates to all of these variants? • Investigating additional construction funding or financing sources with utilities. • If you add credits or criteria or use standards that are different from LEED standards, In some locales,systems benefits charges(a surcharge to utilities to help fund how will you certify these aspects?USGBC will not certify these in addition to the efficiency and renewable energy programs)can be used to fund the incremental LEED assessment and certification. cost of efficiency improvements. • Coordinating other grant and loan programs that increase energy efficiency use Office of sustainable Adopting and supplementing LEED (performance contracting,etc.)or other financial incentives that offset higher costs Development (in LEED 2.0 Gold of technologies that save energy and water. Jean Valium natural This is the route taken by the City of Seattle.It consists of adopting LEED as-is,but Capital canter), then supplementing LEED with additional criteria or mandating certain criteria.The Considering the use of performance contracting to fund any additional first-costs. City of par'and,OR City retains the responsibility of enforcing the supplements to LEED,while USGBC These costs would be paid in a few years and the long-term cost savings would be continues to administer the normal LEED applications.This approach is much easier to realized. implement across the LEED family of products and would require far less update of the supplements than wholesale local adaptation of LEED. Comparing first cost investments to annual life-cycle C&M savings to calculate Rate of Return. 16 17 Develop training and outreach programs Create exemplary or showcase buildings One important step in creating a successful green building program is to ensure Ultimately,nothing builds local momentum and accelerates the learning curve more crucial support from staff that will implement the projects.They will need training to quickly than applying principles to a real site and building program.Consider the understand and accept the new practices.In addition,there is further need to provide following criteria in selecting appropriate projects: education and outreach to gain institutional support for the program from the outside GETTING STARTED professional and building community. Select projects that are early in planning or in a conceptual design stage rather than one already advanced in design.Once design is underway,it is more GETTING STARTED difficult and costly to switch from a conventional design process to an integrated, Education whole-building approach.A late stage approach implies that green features Ultimately,nothing will likely be considered as an overlay to existing architectural ideas rather than 1 Provide training programs that educate government agency staff—technical and integral to the design. builds IOCaI non-technical—as well as intergovernmental departments with fiscal or adminis- trative input into design and construction. • Consider buildings types that will be replicated in the future;for example,one of several daycare centers earmarked for future funding. momentum and 2 Develop seminars or training modules to address each of the key technical areas for green buildings.Formal training seminars may also be amplified by arranging for • Select pilots which might be compared to existing,conventionally designed accelerates the presentations by vendors and manufacturers of new products, buildings;for example,the operating and cost performance of a new green library might be readily benchmarked against existing library buildings in the portfolio. learning curve 3 Develop the training modules around case studies of actual projects accomplished in the program.Consider documenting successes on a Web site or through a video • Select pilot projects that have high civic visibility—a new city hall,municipal more quickly than as a means of outreach. library,courthouse,school or cultural institution.Any of these or similar public building types could be an exemplar,a public showcase for measuring and applying principles 4 USGBC offers a series of training workshop modules for LEED including: demonstrating economic environmental,and social benefits. • a half-day Introduction to LEED.This course is ideal for partnering with other • Encourage clients to align green building objectives with their service mission,and to a real site and modules for a full-day training event. to select appropriate,attainable goals from among alternative levels of perform- ance.Some project examples include:daylighting as a preferred source of illumina- building program. • a one day Intermediate LEED workshop which prepares students for the tion in libraries;sustainable landscaping practices for a botanical garden or water LEED Professional Accreditation Exam,and pollution prevention for an aquarium,emphasis on air quality and other indoor • an Advanced LEED workshop aimed at those working on live LEED projects. health concerns for daycare centers,and senior citizen centers. Outreach • Create support in the professional community for the new policies.Establish regular opportunities for receiving their input into the program(such as peer Seattle Cl..,rag eau (LEED review of new policies or procedures)and sharing their successes. tared project),cay 8 Ir of Seattle.WAMy , 18 19 Using LEED • LEED provides a tool for benchmarking with jurisdictions across the country. See the LEED Web site for a current list of projects registered for certification. Why choose LEED? • LEED already has tremendous momentum due to its design elegance.The growing number of public-private partnerships with federal,state and local governments One of the USGBC's vital functions is developing guidelines to define sustainable enhances LEED's credibility. building and development—in the areas of design,construction and operation. USING LEED This guideline,known as the LEED Green Building Rating System,is rapidly becoming • Since the performance level of the building industry gradually improves over time, WHAT THEY'RE SAYING • Why choose LEED the nation's standard for designing,constructing,and certifying sustainable buildings. LEED evaluates performance thresholds every five years,saving the jurisdiction money and time to change statutes. The core mission • What They're Saying: Federal,State and Local Leadership in Energy and Environmental Design(LEED) of LEED is to LEED Testimonials The core mission of LEED is to encourage and accelerate global adoption of sustainable What They're Saying. green building practices through the development and implementation of universally • Fonds Done It: encourage and understood and accepted standard;tools and performance criteria.LEED is a voluntary, LEED lase St and Local consensus-based,market-driven building rating system based on existing proven tech- Federal,State and local LEED Testimonials LEED Case Studies accelerate global nology,h evaluates environmental performance from a"whole building"perspective over a • How to adapt LEED for building's life cycle,providing a definitive standard for what constitutes a"green building.' adoption of U.S.General Services Administration(GSA) P State and Local Use LEED helps the marketplace define thresholds of performance in relation to sustainable We chose to use LEED as a measure for our Build Green efforts because sites,water efficiency,energy and atmosphere,indoor environmental quality,and it is the primary green building rating system in the country and is sustainable green material resources.LEED is a system designed for rating and certifying new and existing already familiar to many design professionals.Using LEED as a goal in Ile ,t•,, building commercial,institutional,ccnd high-rise residential buildings,with related products under design criteria will help us to apply principles of sustainable design and P ractices development for commercial interiors and other residential applications, development in our building projects. through the LEED is a flexible,yet consistent architecture.Its development process is broad and —Don Harn,AlAArchitect Sustainable Design Program,Public Buildings Service inclusive of the needs of different building types,regions or markets,while maintaining development and the integrity of the system's goals and objectives. Commonwealth of Pennsylvania Pennsylvarda is proud of its leadership in"building green."We are home to 3 implementation of the first 11 buildings in the United States to achieve certification as Benefits to State and Local Governments using LEED "green"under the U.S.Green Building Council's rating system.Our Building of universally • LEED provides all the benefits of a national market transformation system while Green in Pennsylvania program has provided tools and some actual affording built-in flexibility to accommodate state and local priorities.In most completed government projects that demonstrate how sustainable building understood and jurisdictions LEED works well"off the shelf;"some others prefer to create and design and construction is possible and cost-effective,while achieving high- enforce official supplements within the context of their overall green building quality people-friendly,energy-efficient buildings to live,learn,and work in. accepted efforts.Still others are willing to invest long-term in producing and maintaining an —Former Pennsylvania Gwemor Tom Ridge official LEED Application Guide.The LEED Rating System allows all three possibilities. The Governor's Green Government Council's Building Green In standards, tools • LEED reduces technical and administrative uncertainties because it has been produced Pennsylvania program with the Department of Environmental Protection and performance by the nation's leading coalition of leaders from across the building industry. piloting projects utilizing LEED as the driver to achieve integrated design and coupling it with the specific performance standards contained in our criteria. • LEED saves time and resources by providing a comprehensive set of tools for local Model Green Office Specifications for Leased Buildings has resulted application and use. in several LEED Certified Facilities which must perform and maintain that • LEED avoids the need to establish local certification bodies. performance over the life of the lease and any renewal option terms. Additionally,we now have six documentary educational Building Green • Government entities that join the USGBC as members have the opportunity to videos available at no cost on www.gggc.state.pa.us shape LEED by being involved in committee work and voting on LEED ballot issues. —Jim Twthakec Former Director,Bureau of Office systems and Services, Pennsylvania Department of Environmental Protection 20 21 State of Maryland City of Portland,Oregon The LEED Rating System is rapidly becoming the national standard for green Localization of LEED is important.It meshes local regulations and buildings and provides the ability for the State to compare and measure environmental values—two important aspects of bringing about market its progress with other jurisdictions around the country.Being able to use the transformation at a local and regional scale. existing LEED Rating System infrastructure eliminates the need to"reinvent —Rob BennettManager,Green Building Division, USING the wheel'in creating and administering the State's green building program, Office of Sustainable DevelopmentCity of Portland WHAT THEY'RE SAYING LEED allows quicker implementation of the program,and saves taxpayer dollars. City of Eugene,Oregon —Stephen Gillis%Maryland Department of General Services In thinking about the organization that I work for,I asked myself the Arlington County,Virginia question.,What is it that we would need to help us move toward the Being able Arlington County has adopted...[LEED)as a way to measure the energy goal of producing a'greener'building? and environmental performance of buildings in the County....LEED is the We need a definable goal for the project.A directive that simply says r,0 use the existing easiest way for any professional,business,or organization to master "Build a green building'causes major confusion. green building standards and practices. We need practical guidance through the design process,yet this guidance LEED system —'Green Building page of Arlington County Department of Environmental needs to be flexible enough to encourage and reward creativity... Services Web site�.co.artington.va.usldeslgreen.htm infrastructure • We need a mechanism to challenge us to go beyond code or beyond our Arlington adopted the LEED standard as the centerpiece of our green building own limits.We need something that will help us continue to improve... LEED is the first i.ncentive program because it is a carefully crafted rating system reviewed and eliminates the need approved by professionals from all areas of the building industry.The County • We need a comprehensive evaluation of the environmental impact of our system to offer does not have the in-house expertise to review specific green building compo- building... to"reinvent the nents,and we felt that the nationally accepted LEED program would add • We need a common language in order to share our experiences and results us all of the credibility and uniformity to our program. with others,locally or nationally... wheel"in creating Arlington county Departnent —loan Environmental Services • We need recognition for our efforts.it's not easy to change the direction and administering Department o of f Environmental Services features I believe of a large organization;sometimes we simply need the moral support of City of Seattle,Washington recognition... that we need Use of a national standard helps to establish minimum performance the Staters LEED is the first system to offer us all of the features 16elieve that we levels,create a common dialogue for discussion,and allows Seattle to need to make progress toward greener buildings in one package... green building to make progress measure its sustainable building performance relative to other jurisdic- —Lynne Eimner Kelley,Energy Analyst,City of Eugene,Facilities tions using LEED.In addition,technical rulings,training,networking,and ram toward greener marketing support are provided by the USGBC. City of Austin,Texas program —Seattle CIP Supplements to the LEED Ratiq System LEED has provided a nationally accepted set of standards for architects buildings in and engineers working on commercial and municipal projects in Austin Stephen Gilliss,Maryland Department of Using LEED has accelerated our accomplishments in sustainable building General Services to use as goals throughout the design process.We believe that this gives one package... with a fast-moving capital improvements program,by piggybacking with our Green Building efforts greater credence and can only lead to higher a nationally recognized program and incredible group of national experts quality buildings. who developed the tool.It's also valuable to know how we are doing --Richard MorganAreen Building Manager,Austin Energy Lynne Elchner Kelley,Energy Analyst compared to other jurisdictions. City of Eugene,Facilities —Lucia Athens,Chair,City of Seattle Green Building seam City of New York,New York We are excited by our clients'interest in using LEED on our green building initiatives.We also value LEED'S versatility and compatibility with the use of New York City's High Performance Building Guidelines. —Hillary Brown,(former)Assistant Commissioner,NYC's Office of Sustainable Design 22 23 Who's Done It Projects undergo sustainable design review,including provision of submittals stating they will meet the established energy targets.Revisions may be made in the site planning and building design to improve environmental performance.GSA uses LEED Introduction as a design guideline in this process.While LEED Certified is the required level, Several state and local government entities have been leading the way using LEED to currently any additional funds to exceed this level must be justified. USING LEED focus or enhance their own green building and development programs.The case Furthermore,as of July 2000,GSP;s Design Excellence Program Guide for selection of WHO'S DONE studies that follow examine who the entities are,how they are using LEED and what architectural and engineering firms includes sustainable design experience among the Federal,State and Local considerations have arisen that may inform others seeking to begin the process.These criteria.Use of these criteria for selection of contractors is formally justified by recent Contact LEED Case Studies are organized to provide descriptions and examples of the following: changes to the provisions of the Federal Acquisition Regulation(FAR). Don Horn,AlA,Architect • U.S.General Services a Policy or Program Administration Application:The GSA uses the LEED Rating System in its existing form and has not Sustainable Design Program • Structure sought adaptation of LEED to its own needs,unlike,for example,the EPA,which has Environmental Strategies and • Commonwealth of • Application(if any) identified a need to adapt LEED to laboratories.GSA would,however,like to engage a Safety Division Pennsylvania process of clarifying which credits are most likely to be achievable for their facilities. • Additional Activities Office of Business Operations • State of Maryland Contact information and links to referenced Internet resources are also inducted. Public Buildings Service Additional Activities:GSAs overall environmental program has defined the General Services Administration • Arlington County,Virginia following five specific areas for GSA to focus its sustainability efforts: U.S.General Services Administration Build Green from the Public Buildings Service,which includes revising leases to 202-501.4525 • City of Seattle,Washington include requirements that the spaces leased for customers be green,in addition donald.hom@gsa.gov • City of Portland,Oregon Policy:As of January 2000,GSA's Public Buildings Service(PBS)has committed to to the LEED-based green building requirements described above. www•GSA.gov achieving the LEED Certified level for all future construction projects,beginning • City of Eugene,Oregon with those designed in FY 2003.An excerpt from Section 1.5"Environmental Policies Buy Green from the Federal Supply Service,which includes a variety of resources on &Practices"of the Facilities Standards for the Public Buildings Service(PBS-P-100), environmentally preferable purchasing,including building materials as at revised November 2000,describes the requirement as follows: www.fss.gsa.govlenviron. LEED Certification Save Green from the Energy Center of Expertise,which focuses on energy As a means of evaluating and measuring our green building achieve- efficiency issues. ments,all[new]GSA building projects must be certified through the Drive Green,which focuses on transportation issues,particularly: Leadership in Energy and Environmental Design(LEED)Green Building • Alternative fuel vehicles and Rating System of the U.S.Green Building Council.Projects are encour a The"telework"initiative aged to exceed basic LEED green building certification and achieve the LEED"Silver"Level. Manage Green,which focuses on operational practices and liability issues,particularly: x • Recycling GSA adopted LEED to serve both as design criteria and measurement for their green a Environmental Performance building efforts.The agency goal is to achieve a Silver Rating,but the requirement is • Environmental Hotline for projects to be certified by the USGBC at the LEED Certified Ievel.Currently 19 GSA a Community Development projects are registered with the USGBC under the LEED Rating System. • Brownfields Redevelopment • Green Meetings&Events Structure:Sustainable design is reviewed at several different stages of a GSA project, both in terms of energy efficiency and general sustainable design.Initially each GSA region responds to the"Capital Improvement and Leasing Planning Call'to establish Training has constituted a large portion of GSAs sustainability information dissemination program and budget objectives.Individual LEED points goals and energy efficiency efforts nationwide.Sustainable design training is provided to all project managers,including targets are established for each building.It is expected that every best effort will be training directly related to LEED and training in the Green Lease initiative.Furthermore, made to achieve these goals. through the"client agency"aspect of GSAs work,their offices can offer sustainable design training and support to other Federal agencies in their respective regions. 24 25 Commonwealth of Pennsylvania and Performance Standards throughout the lease period and any renewal periods.This meets the GGGC's own High-Performance Green Building Guidelines and Model Green Policy:In March 1998 Pennsylvania Governor Tom Ridge issued Executive Order Office Leasing Specifications,as prescribed below: 1998-1 Governor's Green Government Council,available on-line at http://sites.state.pa.usl oalExecutive_ordersII998-f.pdf,excerpts of which follow: The facility must receive at least a Silver Level Certification from the USGBC's LEED Green Building Rating System and meet the performance standards on USING LEED page three of the Model Green Office Leasing Specs[enumerated here under s Purpose of the Council Application%The lessor is responsible for obtaining the LEED Certification The purpose of the Council is to,cooperatively across agency jurisdictions, and maintaining if as well as maintaining the operational performance Contact facilitate the incorporation of environmentally sustainable practices, requirements throughout the term of the lease and any renewals thereto. Paul Zeigler,PE including Strategic Environmental Management into Commonwealth government's planning,operations,and policy making and regulatory Engineering&Building Technology All project design,development and construction must be accomplished Governor's Green functions,and to strive for continuous improvement in environmental utilizing the Governor's Green Government Council's"Building Green in PA performance with the goal of zero emissions.Strategic Environmental Program,' Government Council which consists of the following: Management includes an environmental management system with a 717-772-5161 strong pollution prevention and energy efficiency program,effective •Guidelines for Creating High Performance Green Buildings pazeigler@state.pa.us community involvement measurable economic and environmental •Model Green Office Leasing Specifications performance goals,environmental accounting,and life cycle analysis. •USGBC LEED 2.0 I�� flijl' Responsibilities of the Council The requirement to maintain LEED Silver and other high-performance green "Building in a. The Council a responsible for providing advice and assistance g reen standards is a pioneering characteristic of DEP's approach to the"Building Green in in the preparation and reviewofagenryGreen Plans and Pennsylvania"initiative. Pennsylvania" the implementation of initiatives undertaken to fulfill these plans b. The Council is responsible for providing advice and assistance in prioritizing Application:As described above,LEED is currently part of a package of requirements has evolved as one initiatives undertaken to incorporate environmentally sustainable practices for DEP buildings.The GGGC has found LEED to be a major tool and has chosen to into Commain wealth government's planning,operation;policy making, use it in its existing form without adaptation,which is the first and most straightfor- of the major and regulatory functions and to strive for continuous improvement in ward option available to state and local governments. initiatives of the environmental performance vith the goal ofzeroemissions. Further green building issues specific to the goals of the"Building Green in Structure:The Governor's Green Government Council(GGGC)www.gggc.state.pa.us Pennsylvania"initiative are addressed by the additional requirements of the GGGC's GGGC (Governor's is jointly chaired by the Secretary of the Department of Environmental Protection own Guidelines for Creating High Performance Green Buildings and ¢ (DEP)and the Secretary of the Department of General Services(DGS).'Building Green Model Green Office Leasing Specifications,which were developed well in advance of Green Government in Pennsylvania"has evolved as one of the major initiatives of the GGGC,particulady the release of LEED 2.0.Individual sections of these documents are available in the areas of high performance green buildings,building renovation&retrofit and on-line at www.gggc.state.pa.us/publictn/gbguides.html and Council)... in operation and maintenance. www. topwrlg registered prof eti, school g p gggc.state.pa.us/publictn/leaspecs.html,respectively.The required performance (LEED registered projactl. standards in the Model Green Office Leasing Specs follow: Wrightsviae,PA The GGGC and DEP have been actively working with DGS's Public Works staff and the Bottom:walnut street west Library • Energy Budget The leased space shall consume 40,000 Btu/square foot/year or less (LEED registered project), Department of Education to advance green building in the public sector,sponsoring an Philadelphia,PA of primary energy not including plug loads. intensive educational program over the past 14 months taught by staff from Carnegie Mellon University for all interested Commonwealth agencies.Along these lines,special • Lighting Budget.The leased space shall consume 0.9 watts/square foot or less of attention has recently been paid to greening Pennsylvania's public schools and electrical energy for ambient lighting. government laboratories. • HVAC Chiller.HVAC chiller size should not exceed one ton per 600 square feet. DEP itself,which has primarily leased facilities,now requires all of its leased buildings to achieve LEED Silver Certification and to meet all performance standards on page 3 • Glazing:The indoor surface temperature of glazing shall not be less than 62•. of their Model Green Office Leasing Specifications while maintaining the Certification when the outdoor temperature is 20°F. 26 27 • Interior Surfaces:The indoor surface temperature of opaque wall surfaces shall not State of Maryland be less than 70°F when the outdoor temperature is 20°F. Policy: In March 2001 Maryland Governor Parris Glen dening issued Executive Order • Ventilation:The ventilation system must provide air to the desk with less than 700 01.01.2001.02,Sustaining Maryland's Future with Clean Power,Green Buildings ppm COr during hours of occupancy. and Energy Efficiency.This requires the creation of a commission to make USING • Indoor Temperatures:The indoor temperature at the workspace shall be user con- recommendations and set criteria for constructing and maintaining energy efficient and LEED trolled at 73•F+/-2°F with building setback capability during nonoperational hours. environmentally responsible state facilities,setting goals for the purchase of'green s s IT P ower'and outlining a comprehensive energy conservation strategy.The full text Contact • Cooling Humidity.,The indoor relative humidity shall not exceed 45%during the of the Executive Order is available on-line at www.dgs.state.md.us/greenbuildings. cooling season at established design conditions. General Information on Maryland's • Heating Humidity:The indoor relative humidity shall be no less than 35%during Section A,"Clean Energy Procurement Goal"of the Executive Order sets a new Green Building Program: the heating season at established design conditions, goal for the procurement of electricity,calling for at least 6 percent of consumption in Mark Bundy,Ph.D., state-owned facilities to be produced from'green energy,"which includes wind Maryland Department of Additional Activities:Pennsylvania is currently home to 5 buildings having official power,sofa;biomass and landfill gas generated sources.To promote a diversity of Natural Resources USGBC LEED Certification,of which two are Commonwealth facilities.DEP's "green energy"resources,no more than 50 percent of the procurement goal may be Southcentral Regional Headquarters in Harrisburg,certified at the Bronze level under from the combustion of municipal solid waste. 410-260-8720 LEED 1.0,is known as"Pennsylvania's First Green Building"and exemplified the mbundy®dnrstate.md.us department's understanding that successful green buildings stem from an integrated Section B,"High Efficiency Green Buildings Program,"establishes the Maryland Green Buildings Council to develop a High Efficiency Green Buildings Program that Sean McGuire, design process.Its more recent Cambria Office Building in Ebensburg pushed green 9 P 9 cY 9 9 Successful green building achievements still further and has received the first LEED 2.0 Gold will guide the design,construction,operations and maintenance of all new state-built Maryland Department of facilities,as well as the renovations of existing state owned and leased buildings. Natural Resources buildings stem from Certification in the United States. 9 9 g Excerpts of this section of the Executive Order follow: 410-260-8727 More than 20 projects are currently registered with several of them anticipating an integrated the Council shall make recommendations to the Governor regarding smcguireodnr.state.md.us g certification in 2002,including Pittsburgh's David L.Lawrence Convention Center and the Hanover Public School District's Clearview Elementary School. appropriate criteria,standards and a numeric rating system(modeled after design process. the United States Green Building Council's Leadership in Energy and Pennsylvania has also now produced six educational documentary videos as part of Environmental Design(LEED)Green Building Rating System and the State Facilities: the"Building Green in Pennsylvania"program,which are available free on the GGGC's federal Energy Star Program)for use by the Program. Stephen Gilliss, Web site:www.gggc.state.pa.us.Among these is DEP's recently released video CD, Lessons Learned:The First Years which documents the comprehensive multi-parry Upon acceptance of the appropriate criteria,standards,and a numeric Maryland Department of process involved in designing these two buildings,including use of the LEED Rating rating system,the High Efficiency Green Buildings Program shall be fully General Services System versions 1.0 and 2.0 to guide and benchmark green building measures. adopted in the design,construction,operations,maintenance and decon- 410-761-0675 struction ofnewState owned and leased facilities.Reasonable effort stephen.gilliss @dgs.state.md.us The issuance of Executive Order 1998.1 and the resulting formation of the Governor's should be made to incorporate these standards into the construction of all Green Government Council lent increased momentum to the groundwork laid by new facilities designed before the issuance of this Executive Order. the early project-specific of the DEP and DGS.The breadth of GGGC's continued green building efforts are collected on-line at www.gggc.state.pa.us/building,including For all existing State owned,leased and operated buildings,reasonable Commercial Facilities promotion and demonstration of high-performance reen buildin s at comparable efforts shall be made to maximize the use of energy efficiency and and Green Building Tax P 9 9 p Credit: first cost along with public education on the benefits to building users and resource conservation techniques. Ms.Geri Nicholson, Pennsylvania's environment. Lastly,Section C,'Additional Energy Efficiency Goals,"also encourages reducing State Maryland Energy Administration building total energy consumptiion,using renewable energy components and procuring energy-efficient office products.It also encourages the reduction of solid 410-260-7207 waste production and makes H easier for the State to purchase alternative-fuel gnicholsonoenergystate.md.us and low-emission vehicles for its fleet.See the Additional Activities section below. 28 29 Application:The Maryland Green Buildings Council will develop a LEED application 4. Pollution Prevention Goal:Divert or recycle at least 20%of the waste its for use in evaluating state projects.This work is currently in progress. agencies generate,beginning on January 1,2003. Additional Activities:Section A,'Clean Energy Procurement Goal,'of Executive 5.Alternative Fuel Vehicles Goal: Order 01.01.2001.02 lists the following: • Revise fleet policy and purchasing guidelines to offer more flexibility in purchas- 1. 'Green Energy'is defined as energy generated from the wind,solar photovoltaic, ing,where practical,low emission and alternative fuel vehicles for its fleet WHO'S DONE IT solar thermal,biomass,landfill gas and the combustion of municipal solid waste. • Ensure that for fleet units operating bi-fuel or flex-fuel vehicles(vehicles 2.For the procurement of electricity for use within State owned facilities,the State that operate on either motor gasoline or an alternative fuel,as defined by of Maryland has a goal of 6%to be generated from Green Energy.No more the Federal Energy Policy Act)an average of 50%of the fuel used by those "Green Energy" s than 50%of the total Green Energy procurement shall be derived from the vehicles shall be alternative fuel. gy„ combustion of municipal solid waste' defined as• Develop the refueling and maintenance infrastructure required to make energy 3.In the selection of a power generation contractor chosen through the procure- certain types of alternative fuel vehicles practical and provide technical ment process,priority consideration should be given to companies that produce assistance and other incentives to use clean technology,where practical,in generated from green power in Maryland. State transit fleets. the wind, solar Section B,'High Efficiency Green Buildings Program,'of Executive Order 01.01.2001.02 In addition to the State Executive Branch's efforts in the public buildings sector, lists the following additional responsibilities of the Maryland Green Buildings Council: Maryland's Legislature recently passed the Income Tax Credit for Green Buildings bill, photovoltaic, solar signed into law by the Governor in May 2001.This law is designed to encourage a.Annually reevaluate the Clean Energy Procurement Goal contained in Section green private development in Maryland and will be applicable to all taxable years thermal, biomass, above; beginning after December 2002.The full text of the law is available on-line at b. Consider additional State energy efficiency,energy production and sustainability http://mlis.state.and.us11001nlbillfilelHBOW8.htm.A partial synopsis written by landfill gas and issues and policies; Ed Osann,Maryland Representative of the Natural Resources Defense Council,follows: c. Develop a comprehensive set of initiatives known as the'Maryland Governor Glendening's recent Executive Order has placed state govern- the combustion of Greenhouse Gas Reduction Action Plan;'and ment on a path to more energy-efficient and environmentally friendly municipal solid buildings.This bill is a parallel effort to encourage similar innovation within d. Report annually to the Governor and to the General Assembly on the efforts of the private sector. waste. State agencies in the implementation of High Efficiency Green Buildings Program goals,Clean Energy Procurement Goal,the Greenhouse Gas Reduction The bill applies to commercial buildings and to multi-family residential Plan,and other energy efficiency,energy production and sustainability issues or buildings,and allows for credits to be taken for qualifying investments policies the Council may have considered. either for new construction or for renovation.The bill also allows credits to be taken by tenants for qualifying investments of their own in tenant- Section C,'Additional Energy Efficiency Goals,'of Executive Order 01.01.2001.02 lists controlled space,which is common in commercial buildings. the following requirements of the State: Under the Tax Credit Law,the cost of those portions of the project that may be higher as 1. Energy Efficiency Improvement Goal:Reduce energy consumption per gross a consequence of meeting the green building criteria are considered'allowable costs,' square foot of its facilities by 10%by 2005 and 15%by 2010 relative to a 2000 to which a credit of 8%of these allowable costs can be taken against state income tax baseline. when the whole building qualifies as a green building,or 6%when only the tenant interior space qualifies.Supplemental credits for on-site power systems serving green 2.Renewable Energy Project Goal:Expand the use of renewable energy within its buildings are also available,including photovoltaic systems,wind turbines,and fuel ceps. facilities,including supporting the federal Million Solar Roofs program. 3.Efficient Product Purchase Goal:Purchase Energy Star products when purchasing energy-using products,including computers,printers,copiers and other office equipment,or shall purchase products in the top 25%in energy efficiency for products where labels are not available. 30 31 Arlington County,Virginia and/or height....The provision of LEED Certified green building components will be a part of the typical site plan negotiations for environmental amenities Program:In order to encourage more green building in Adington,the County in exchange for the requested bonuses currently requires the following for commercial development: Bonus Density 1.All site plan applications in Arlington County are requited to include a Based on the range of the LEED Silver award point system,a range of USING LEED completed LEED scorecard.The scorecard allows the developer to assess the bonus density will also be considered,from.15 FAR for the lower end of s DONE options for including green components in a project It also allows the County the Silver award(33 points)to.15 FAR for the highest end of the Silver to measure a project's overall performance and to collect data on the environ- award(38 points).For site plan proposals in which the LEED Certified Gold Contact mental status of all site plan buildings in the County. or Platinum award levels are being sought bonus density greater than.15 Joan Kelsch, 2.The County offers a bonus density incentive to developers who design green FAR will be considered utilizing the environmental amenities provision of Environmental Planner (1)of the Zoning Ordinance a 5 H.. . . buildings as outlined by the LEED Rating System.The developer may be granted Section 36. Environmental Planning Office additional density up to 0.25 floor area ratio(FAR)and/or additional height up Implementation of the Pilot Green Building Incentive Program begins with Arlington County Department of to 3 stories if the project meets the Silver LEED rating or higher. the following requirements: Environmental Services The full text of the Arlington County Pilot Green Building Incentive Program is 1.The developer submits the LEED scorecard along with the site plan application 703-228-3599 available on-line at www.co.arlington.va.usldes/epo/green.htm.The following to the County. jkelsch®co.arlington.va.us LEED Registered excerpt explains the purpose of the Pilot Program: 2.The developer registers the project with the USGBC early in the process to Prolects:the John identify the specific components of the LEED program they intend to pursue. �'•co.arlington.va.usldeslepol M.Langston High Introduction reen.htm School Continuation g and Langston-Brown In April 200a Arlington CountyimpMmented a Pilot Green Building Incentive 3.The proposed site plan(including the requested bonus density and/or height) Community Center Program to encourage construction of more environmentally friendly office undergoes the typical community review process. Arlington,VA buildings.Developers can be awarded bonus density or height if their office buildings incorporate Green Building components.The program uses the(LEED) 4.Once the site plan is approved,permit drawings are reviewed to ensure Green Building Rating System to evaluate special exception site plan requests inclusion of the approved green building components,which were previously for bonus density and/or height.The initial focus of this program will be office identified in the scorecard.The County utilizes LEED Certified inspectors or development because the LEED standards are most applicable to larger urban architects hired by the developer during review of the permit drawings and office buildings.An alternative program for residential buildings may be construction of the building.Permits are not issued unless approved LEED developed at a later date. components are included in the plan drawings. To date,one potential developer has come to the table in March 2001.The entire 5.The application for LEED Certification and rating is submitted to USGBC when program will be up for review in 2003. the building construction is complete or substantially complete,depending on the credits elected. Structure:Excerpts explaining the bask rules of the Pilot Green Building Incentive Program follow: In addition,various checks and enforcement mechanisms are put in place by Arlington County to ensure the integrity of the Pilot Incentive Program.Prior to issuance of How the Incentive Program Works the first certificate of occupancy,the developer provides the County financial security The program will allow the County Board to consider awarding bonus (bond,letter of creditetc.)in a specified amount guaranteeing that within 18 density and/or bonus height requests for projects that incorporate green months,the developer will receive its silver certification from the USGBC.When the .._ certification is issued the security is released.If the certification is not obtained,the building components.In order to be considered for the incentive program, the proposed building must at the minimum,meet the Silver award level of developer forfeits the security to the County. the LEED Rating System(a building score between 33 and 38 points). Application:Unlike Seattle's and Portland's programs Arlington County keeps LEED ...The program will allow the County Board to consider a modification of use 'intact'While Arlington may be able to expand the scope of the Pilot Green Building regulations for additional density up to.25 FAR and/or additional height up to Incentive Program in the future,such as to residential structures,it currently only 3 stories for special exception site plan requests....The provision of LEED- includes office buildings,which is the most straightforward application of LEED 2.0. wed green building components does not guarantee additional density 32 33 City of Seattle,Washington According to Seattle Green Building Team Chair Lucia Athens,technical questions to the City of Seattle are handled on case-by-case basis—most are handled directly by Policy:The City of Seattle is among the pioneers of local LEED adoption,and was the representatives of the City's Sustainable Building Program(such as those listed in the first city to adopt a Silver LEED policy.Seattle's Sustainable Building Policy was passed Supplements document),while others are referred back to the USGBC.Generally, in February 2000,and is available on-line at www.cityofseattle.nettsustainable• the City of Seattle tries to handle all the technical issues itself,looking to USGBC for building/policy.htm.Excerpts of the Policy follow: technical support only when credits are modified.The City of Seattle also operates a USING E Sustainable Building Reference Library containing LEED referenced standards,maintains WHO'S DONE IT Purpose a Web resource(www.cityofseattle.netlsustainablebuilding),conducts training and Contact The purpose of a Citywide policy on sustainable building is to demonstrate education,develops tools,and offers incentives to further assist in LEED implementation. the City's commitment to environmental,economic and social stewardship, Lucia Athens, to yield cost savings to the City taxpayers through reduced operating costs, Chair,City of Seattle Green to provide healthy work environments for staff and visitors,and Building Team Application:The specific deviations from LEED 2.0 required for City of Seattle to contribute to the City's goals of protecting,conserving,and enhancing projects,as described in the Seattle CIP Supplements,are summarized below: City of Seattle Sustainable the region's environmental resources.Additionally,the City helps to set a Building Program a community standard of sustainable building. LEED 2.0 Prerequisite or Credit Seattle LEED Application Site Prerequisite 2 Supplemental Prerequisite requiring compliance with the 206.684-4643 Polity Landscape and Grounds Management City of Seattle Landscape and Grounds Management lucia.Athens@ci.seattle.wa.us The Seattle It shall be the policy of the City of Seattle to finance,plan,design,construct Guidelines Central Library, manage,renovate,maintain,and decommission its facilities and buildings to Energy Prerequisite 1 Demorutrated Equivalency which also requires compliance anticipated to meet www.cityofseattle.net/Sustairl- the Building Commissioning with the 1997 Washington State Energy Code with Seattle ww.cityofseattle.net/Sustairl- the LEED-Silver be sustainable.This applies to new construction and major remodels in Amendments able6uilding! by Rem Koolham R was designed which the total project square footage meets the criteria given.The U.S. by em Energy Prerequisite 2 DemensVmed Equivalency which also requires compliance of the oftice for Green Building Council's LEED Rating System and accompanying Reference Minimum Energy performance with the 1997 Washington State Energy Code with Seattle Metropolitan Guide shall be used as a design and measurement tool to determine what Amendments Architecture, Rotterdam,and constitutes sustainable building by national standards:. Energy credit i Demonstrated Equivalency which also requires LMN Architects, optimize EnergyPertormance compliance with the 1997 Washington State Energy Code Sege, with Seattle Amendments Structure:Under Seattle's Sustainable Building Policy a LEED Silver rating,cenitied Mandatory Credit requiring credit level 1(2 points)minimum by the USGBC,is the policy target for city projects,which currently applies to around Energy Credit 2 Wdrlcadon that to receive credit the energy benefits from $650 million of capital development as follows: Renewable Energy renerrablelakemative energy must be above and beyond the energy measures employed to obtain energy efficiency credits All[City of Seattle]facilities and buildings[new construction and major IEq Prerequisite 1 Demonstrated Equivalency,which also requires compliance remodels]over 5,000 gross square feet of occupied space shall meet a with Minimum IAQ Performance the Seattle Mechanical Code and Washington State ventilation minimum LEED Silver rating....Design and project management teams are and Indoor Air Quality Code encouraged to meet higher LEED rating levels.A Mayor's Award for 1EQ credit 2 Dese—traced Equivalency,which also requires compliance with Increased Ventilation Effectiveness the Seattle Mechanical Code and Washington State Ventilation achieving a higher rating will be awarded. and Indoor Air Quality code Rq Credit 7 cladikation to state'unless special design conditions justify To facilitate use of LEED by City Capital Improvement Project(CIP)Managers and their Thermal Comfort other values' design teams,the City's Green Building Team created the Seattle CIP Supplements to the LEED Rating System.This document provides a wealth of Seattle-specific informa- tion on applying the rating system,directs users to relevant local and regional resources,and highlights the additional requirements for City of Seattle projects. Although written for City CIP Managers,the Supplements may serve anyone applying LEED to a project in the Seattle area.The current version of the Seattle CIP Supplements is available as a downloadable PDF file at www.cityofseattle.netl sustainab/ebuilding/Leedsldocs/LEEDSupplements.PDE The City is constantly refining the content of this document,striving to address the technical and general guidance needs of its users. 34 35 To add emphasis to some areas representing Seattle-specific values without changing City of Portland,Oregon the requirements for LEED ratings,the Seattle CIP Supplements lists some"highly recommended"strategies,noting that projects following these recommendations will Policy:The City of Portland adopted the LEED Rating System in January 2001 and be eligible to apply for innovation credits: completed a local application of Portland LEED,in the summer of 2002.The full text of the Policy is available on-line at www.green-rated.org/g_ratedlyvinclows/gbpo/icy.htm.An LEED 1.0 Prerequisite or Credit Seattle GP Recommendation excerpt of the Policy follows: USING 1 Water Credit 1 Rielly Recommended that projects consider the installation of WHO'S DONE Water-Efficient Landscapiq sub-meters for landscaping Policy Statement F+r«xr Contact Water Use Credit Rea sub-meters t Recommended ity to that projects consider the installation of The City of Portland shall incorporate green building principles and practices Water Use Reduction sub-meters fw City tenants,with cooling metering, water efficiency and component specifications into the design,construction,and operations of all City facilities City- Rob Bennett, funded projects,and infrastructure projects to the fullest extent possible. Manager,Green Building Furthermore,the City will provide leadership and guidance to encourage Division, Additional Activities:Several other City policies and programs that relate to the application of green building practices in private sector development. Office of Sustainable sustainable building are referenced in the Seattle CIP Supplements though not This policy is expected to yield long-term costsavings to the City's taxpayers Development required for the specific purposes of achieving a LEED rating,induding: due to substantial improvements in life-cycle performance and reduced life- City of Portland • The City's Resolution regarding use of sustainably certified wood cycle costs. 503-823.7082 (Resolution 30015), In addition,the City shall evaluate all land purchases for future develop- bennettilci.portland.or.us • The Cityregarding purchasing ontent materials's Polity regardihasing of recycled ment on the basis of reducing environmental impacts that include but are www.green-rated.org The City of Seattle (SMC section 3.18.904),and not limited to transit and bicycle accessibility,urban and brownfields redevelopment solar access on-site stormwater mitigation capacity,and is among the The Copernicus Project,the City's plan to redesign the way goods and services are vegetation and habitat restoration. fbr information on the procured(described in the Appendix of the Seattle CIP Supplements). potential application of the State pioneers of local Structure:The City of Portland Green Building Policy outlines four key components or of Oregon's Business In addition to the required use of LEED for City project,various financial incentives "Policy Strategies": Energy Tax Credit to LEED LEED adoption, and technical assistance are made available to commercial,multifamily and single family projects.Eligibility requirements vary with program sponsors,and focus on the 1. The City of Portland shall incorporate green building practices into all facilities buildings contact: and was the following resource conservation areas: projects constructed,owned,managed or financed by the City,including: Charlie Stevens • Water Conservation • New Construction and Major Renovations(requirement to meet and be Oregon Office of Energy first city to adopt certified by USGBC at the"Certified"level of Portland LEED Green Building • Materials Conservation Rating System) 503-378.4298 or 800-221-8035 a Silver LEED www.energystate.or.us/busl • Multiple Resource Conservation • Interior-Tenant Improvements(applying the Portland Interior-T/I Green taxitaxcdt.htm policy. • Site and Landscape Building Guidelines,currently under development) • Operations and Maintenance(applying Portland Green Building Operations • Community Planning/Transportation and Maintenance Guidelines,currently under development) t" • Energy Conservation 2.The Portland Development Commission(PDC)shall adopt Portland LEED Green • LEED Certification Building Rating System,City of Portland Green Building Policy goals,and incorporate green building practices into each of its ongoing and future program areas. WM CBIrrP Operations Center (LEED registered project), City of Porttand,OR 36 37 3.The construction,operation,and maintenance of public infrastructure that Application:The City of Portland LEED Application Guide was approved by the USGBC serves building development shall be examined in order to determine the in mid-2002.Portland's application includes new prerequisites,modified prerequisites, opportunity and need for a sustainability rating system for infrastructure similar modified credits,modified credit language,modified technologies/strategies language, to Portland LEED Green Building Rating System. and new innovation credits.These LEED applications,which emerged from a combina- 4.The City shall promote the voluntary application of the Green Building Guidelines ton of local values and application needs,are summarized in the table below: B in private sector building design,construction,and operations,including: LEED 2.0 prerequisite or credit Portland LEED Adaptation E DONE sae Prerequisite 1 Demonstrated Equivalence using the City of Portland Erosion Control • assembling and providing access to technical expertise and information Emol—misedlmentationcimmul Manual n the refarenaestandard about green building in the residential,commercial,and institutional Siva Prerequisite 2 s Oregon is known applammtalPrerequisite requiring a Transportation Management ill[ building sect ors; Alternative nmproviding ony oingtransportation,ahematimimentives nationally Site Crean 4 Additional Guidance that iodudes: • resolving code and other regulatory conflicts with green building practices; Alternative Transportation Clarirvauan of requidN w more than so%of maximum W a#y allowed parking spaces a no minimum loal requirement exists, • Clarification that arpooltvanpool spaces and biryde storage equal for its statewide • conducting workshops and training targeted at specific building-industry sectors; 5%of total number of parking spaces • developing building type specific,green building resource guides;and Sit.Credit c Demonstrated Equivalence using the City of poniard Stommvater land use StnrmwsterManagement Manuel as the referenced standard • expanding market demand by educating Portland area residents and businesses. Energy Prerequisite 2 Demonstrated Equivalence wing the 1998 Oregon energy ode m planning laws. Minimum Energyt'oformarxe therdeenced standard Since relatively few city projects exist,Portland is currently focusing on implementing E.ergyr credit t Demonstrated EquIneleMe using the 1998 Oregon energy code as Optrmire EmewperTrmance the referenced standard incentive programs for the private sector.Through the Portland LEED Incentive Mandatory Credit requiring credit level 1(2 paints)m a minimum This Portland office looks out on an Program the City has reserved a 1200,000 fund to promote LEED in the private sector, nq rrerequNita t Additional Guidance i.RdxwlogiesRtrategies to include additional aco•roof and terrace on the top offering the following incentives to commercial projects,for which achievement of the Minimum L4Q AWain ume explanation of ASHRAE Standard 82-1999 floor of the Jean Vellum Natural LEED level must be certified by the USGBC: IEq Crain 4 Additional culdmo for TecnnWogiesl strategies to induce addhional Capital Center.High performance LowEmitang Materials explanation of spedfymg lowemitting materials glazing controls heat gain and loss, and slatted blinds made of 100% $15,000 for green design services at the Portland LEED Certified level No credit d Additional Guidance for Credit darifying allowano for operable certified wood provide shade. Controgability ofSystem wirdows. • $20,000 for green design services at the Portland LEED Silver level Innovation Crean t One Innovation Cnditpoint'available for mixed use,transit-oriented Mixed the Development development 75%of the above funds are available up front with a signed agreement.If the agreed Innovation credit 2 One Innovation Cmditpoint'available for providing each of the upon LEED level is not attained by the project,then the funds are due back to the AltemstiveTMnquatatlon following: • 50%ofloalytequtredminimum'.3o%oflmllyalowed City.To date 13-14 commercial pre-applications have been received for the Portland maximum rwnlore.1 parking paces,urluch vm provides fewer LEED Incentive Program,most at the Silver level or better. Father limiting parking to no parking for new construction pruiew beyond the requirements of the Arrestors with Disabilities Act(ADA) tnnavatlen Credit 3 One Inrrovadon CMltpoaM avid"for providing each of the Eeotrust's Jean Staim"No Mamgement following at sites with a Fluor Area Ratio(FAR)greater than I: Vellum Natural 50%mibption per Bureau of Ennronmental Services Stomiwaw Capital Center Mamnf for surf—level impervious sudacas (LEED 2.0 Gold), 100%mitigation per Bureau of Environments/Servkes Stom neter home to the Manual for sudam4evel Impervious surfaces City of Portland's • 50%mitigation per Bureau of Environmental Services Stmmwater Office of Manual for impervious roof surfaces Sustainable 100%mitigation per Bureau of Emircnmenta'Servkes St.mwaler Developmenq i i �� iii Manuel for impervious roof surfaces Portland,OR Innovation Credit 4 One aumvatlen Creditpalot'available for recydirg and.savaging at CMVtKtbn 1Va5fe Management least 90%(by welgh0 of crostrucrlan,demolition and and daring debris Innovation Chit 5 One hmovetian Credit point'available for Wading office Low-Ereftting rumnhings furnishings,such as workstations,to reduce VOC emissions NOTES: 'Tat.1 LEM maxktnm mvmbarofalowaller,1—tion Credits nmaimat few Most be negotrrted based rpm prgkd1-0. cWw„a 38 39 For prerequisites and credits where equivalency is sought for local and state standards, City of Eugene,Oregon Portland provided the USGBC comparison and submittal documentation as part of its Application Guide review,demonstrating how these regulations are at least as stringent Policy:The Eugene City Council adopted a Sustainability Resolution in February 2000. as those referenced by LEED 2.0.This includes the local erosion control and stormwater Included in the resolution was the policy to use the LEED Rating System as a design management regulations,and a brief summary of the Oregon energy code.Use of the guideline for construction of new City facilities with the goal of achieving LEED Oregon energy code in place of ASHRAE 90.1 1999 is important to the success of Portland Certification.An excerpt from the Sustainability Resolution follows: USING LEED LEED since demonstrating compliance to both standards would be a burden for most local The City is committed to assessing its current practices and programs with WHO'S DONE projects.Furthermore,the Oregon Office of Energy has expanded the Business Energy Tax respect to their conformance with sustainability objectives.The City Contact Credit for LEED buildings,for which using the Oregon energy code is greatly preferred. is further committed to developing strategies for implementing sustainable practices that address purchasing ofproducts andservices,maintenance, Lynne Eichner Kelley Portland's LEED applioGon includes Creating a supplemental prerequisite for alternative facility design and municipal operations. Energy Analyst transportation,following the Oregon Department of Environmental Quality's requirement City of Eugene,Facilities for a transportation management plan.According to Portland Green Building Division Structure:As a result of the Sustainability Resolution,the Environmental Policy Team Manager Rob Bennett,the desire for this supplemental prerequisite emerged from a 541-682-5083 (EPT)was formed to provide guidance to the City's sustainabiliry efforts.The EPT perceived value conflict within LEED,wherein one can still develop a green building that created three technical teams,the Environmental Review Team(ERT),the Endangered lynne.m.eichnerkelleyffci.eugene.o contributes to urban sprawl.Oregon is known nationally for its statewide land use Species Act/Salmon Team(EST),and the Green Building Team(GBT). cus planning laws,and as such the City of Portland wanted to emphasize that context by creating this new prerequisite.An additional new prerequisite converts the first level of The focus of the Green Building Team is on the application of green building technology, www.ci.eugene.or.us Energy Credit 2—Optimize Energy Performance—into a required credit both with respect to the City's internal building design,construction,and operations/main- "In many ways we tenance practices,and to the"greening"of building and land use codes applicable to the A set of pre-determined innovation credits are also part of the Portland LEED applica- development within the City.Because the application of green building technology affects are still learning tion.These innovation credits are still only available up to a total of four following many aspects of the City's role in the community,the GBT includes appointed representa- the LEED 2.0 point system.They are intended to minimize the need for developers to tives from a number of City departments and divisions that have responsibility for City what a"green" "guess"at what further steps to take,while also reflecting the particular values building functions as well as external regulatory and economic development functions. of the City of Portland by offering potential"weighting"of issues such as alternative building looks like. transportation and stormwater management. In a presentation to the Association of Professional of Energy Managers,Energy Analyst Lynne Eichner Kelley explains the City of Eugene's rationale for adopting the We'll be much Additional Activities:In addition to the financial incentives for LEED,the City of LEED Rating System by beginning with the question:"What is it that we would need Portland offers the following incentives: to help us move toward the goal of producing a'greener building?' more successful... if - Up to$5,000 in Innovation Grants available to small commercial projects incorporating green building features,from a total fund of$90,000. • We need a definable goal for the project.A directive that simply says"Build a green building"causes major confusion.We need to have a way to describe what we don't limit how . Up to$3,000 in grants available to residential projects under 3,000 sf we want from the project in order to give guidance to our consultants. incorporating green building features. we accomplish • We need practical guidance through the design process,yet this guidance needs to • An RFP process also exists for support of particular green technologies. be flexible enough to encourage and reward creativity.In many ways we are still the goals..:' the City learning what a"green'building looks like.We'll be much more successful in City of Portland is also currently developing its Portland Interior-Till meeting the challenge if we don't limit how we accomplish the goals that we have Building Guidelines and Portland Green Building Operations and Maintenance defined for the building. City of Eugene,Oregon Guidelines to comply with item 1 of its Green Building Policy. • We need a mechanism to challenge us to go beyond code or beyond our own limits.We need something that will help us continue to improve. If there is not some additional goal to reach it is very likely that we would change some practices and go no further. 40 41 • We need a comprehensive evaluation of the environmental impact of our building— How to Adapt LEED not just the energy impact,or just the impact on the watershed,airshed or internal environment of the building.We have many environmental groups here in Eugene, for State and Local Use each with one strongly held concept and all with their own merit.How do we decide which features we will incorporate and evaluate the entire impact of our work? Based on the LEED foundations Document Winter 2001 USING LEED • We need a common language in order to share our experiences and results with E E ADAPT an I others,locally or nationally.Benchmarking has become a buzzword,but there are Many organizations affiliated with the U.S.Green Building Council have expressed interest in understanding how to use LEED at the local level,including whether or not so many related programs that it takes too much time to become familiar with them all in order to compare your buildings. they can incorporate marginal changes to accommodate specific regional or functional needs.Such an approach brings all the advantages of a well-recognized national Adaptation Guides • We need recognition for our efforts.It's not easy to change the direction of a large system while allowing sufficient flexibility to deal with most if not all,local priorities organization;sometimes we simply need the moral support of recognition. and special circumstances.Documents governing these applications are called LEED are designed Additionally,in environmentally-oriented Eugene,the citizens want to hear about Application Guides. the steps that their local government is taking toward sustainability. to work within the Application Guides are designed to work within the existing structure of the LEED The City of Eugene's first new building project utilizing LEED 2.0 is the Eugene Public Green Building Rating System without fragmenting the market with'alternative" Library,a 127,000 square foot facility currently under construction.The facility is LEED programs.Guides are a combination of the LEED rating criteria—modified existing structure registered under the LEED Rating System and aspires to achieve LEED Certification within the guidelines presented below to address specific concerns—and the LEED just below the LEED Silver level. Reference Guide that supports the applicant in fulfilling the requirements of specific of the LEED Green rating criteria and steers the applicant through the certification process. Application:The City of Eugene uses LEED 2.0 without modification for local Building Rating conditions.They may develop a LEED Application Guide in the future. Only USGBC members or liaisons may propose and develop a LEED Application Guide that is officially recognized by the Council.Generally,it only makes sense to develop System without an Application Guide if an organization has a very large construction portfolio,such as Additional Activities:The GBT will initially build from the city-wide data collected a federal,state or local government or agency,or a major corporation. fragmenting the by the ERT and identify potential areas of improvement utilizing current green building technology.The Team will review information on research and application of market with green building practices in the public and private sector,identifying practices Rules for creating LEED Application Guides for application to the City,evaluate the costs and benefits of those practices,and •alternative" LEED recommend changes and additions to the City's internal policies and procedures. A distinct set of rules has been developed to guide organizations interested in proposing and developing their own Application Guides.These rules are presented in programs the following paragraphs,along with discussion of their purpose. The Team will also evaluate the experience of other jurisdictions in the development and adoption of principle of sustainability,including green building codes and their impact LEED Core Structure of the development community.The Team will present best practices in other communi- The LEED Green Building Rating System must be used as the structure and ties and recommend steps that can be taken by the City to encourage adoption of green visible core of the Application Guide.The existing prerequisite and credit building practices by the private sector,including green building technologies and structure as established in the LEED Green Building Rating System must be environmentally friendly land subdivision and site development practices. followed.The following essential elements are required for each proposed modification of the existing LEED structure: In anticipation of the LEED 3.0 program,the City is developing its own guidelines for application of green building principles in renovation projects and operations and • Intent maintenance. • Requirement • Strategies The City initiated its current Energy Management Program in 1994,utilizing utility tracking software to document energy use and establish priorities for completion All existing LEED prerequisites am required for projects applying for LEED Certification under an Application Guido. of energy projects.To date the City has reduced energy consumption in City facilities by over 20%,compared with the 1995 baseline. 42 43 The existing LEED point structure and rating tiers must be retained.The point structure Acceptable modifications to LEED and rating tiers were created to award projects based on their level of effort as well as for comparison between building projects.Any alteration to the point structure Four general types of modifications to the LEED Green Building Rating System are would compromise the certification levels and the ability to compare between LEED- acceptable and are under the purview of the USGBC to revievq both in the Application certified building projects. Guide review process and at the project level.These changes include the following: USING LEED The LEED Reference Guide adds several elements that assist users in interpreting 1.Converting optional credits to prerequisites. HOW TO ADAPT LEED prerequisites or credits in the Rating System.These elements include: 2.Creation of new credits within the maximum of four points allowed under the • Required Submittals Innovation Credits. i "+ • Synergies&Tradeoffs 3. Modification of existing prerequisites or credits with demonstrated equivalency • Summary of Referenced Standards or higher local standard. • Case Studies • Green Building Concerns 4.Additional guidance on applying LEED prerequisites and credits to local • Resources conditions. • Design Approach Each Application Guide addition should also include documentation requirements and Converting Optional Credits to Mandatory Designation a summary of all referenced standards(if required).The remaining elements(Green One of LEED's market transformation strengths is its emphasis on performance-based Building Concerns,Design Approach,Synergies&Tradeoffs,Case Studies,Resources) and optional credits to give maximum flexibility to design teams and owners.However, One of LEED's... assist in understanding the prerequisite or credit in question but are not always there are prerequisites required of all projects seeking LEED Certification.Some necessary or applicable. jurisdictions may find it desirable to convert certain optional credits to prerequisites in strengths is its order to address particularly important local needs and priorities.As such,an owner It is furthermore necessary that the Application Guide identify the types of projects would stipulate that certain existing credits are deemed mandatory and that all their emphasis on that are covered by the LEED application.For example,whether the Application Guide projects will capture this list of prerequisites.This can be accomplished through the is required for the Applicant's own public facilities,or is applicable to private sector Application Guide.Since it does not change the certification process at the U.S.Green performance—based buildings in connection with tax credits or other incentives. Building Council,it is also the simplest forth of modification to implement Creation of New Credits and optional An applicant may use any or all of the four points under the Innovation Credits to credits to give create either a new,prescribed mandatory or optional credit that is not covered by existing prerequisites or credits.Please note that only a maximum of four points maximum flexibility e allowed under the Innovation Credits may be used for any combination of mandatory tll or flexible credits. to design teams Whether mandatory or optional,any new Innovation Credits prescribed by an Application - 3 Guide reduce the number of flexible Innovation Credits available.For example,if and owners. .. two new mandatory credits are added to an Application Guide,only two points remain available for Innovation Credits. 44 45 Modification of Existing Prerequisites or Credits with Demonstrated Modifications to LEED Outside of the Guidelines Equivalency or Higher Local Standard The addition of supplemental requirements or changes to existing requirements based The USGBC will not evaluate or recognize modifications to LEED outside of the guide- on equal or better local standards is called a"Demonstrated Equivalency."For example, lines presented above However,if an entity wants to develop an"addendum'to LEED an existing LEED prerequisite may reference a national standard.in a local region, that changes point weightings,add more credits or modifications outside of the however,there may be a stricter or equivalent Local Best Management Practice that the flexibility mechanisms described above,it can certainly do so with the following caveats: USING LEED applicant would like to see adopted for projects seeking that credit This requires HOW TO ADAPT substitution of an alternate standard for an existing LEED referenced standard. f.The provisions of the addendum are scored by the entity itself for internal use only. In such cases,it must be demonstrated that the alternate standard is equal to or more 2.The internal system is not compared publicly to LEED,either favorably or stringent than the existing LEED referenced standard.To propose an alternate unfavorably. standard to the U.S.Green Building Council and gain approval for an Application 3. Projects submitted to LEED follow the requirements and documentation set Guide,the following table must be completed and submitted.Final approval of all forth by the USGBC and do not include requests to evaluate modifications to Application Guides is required by the USGBC. LEED outside the parameters established in this document. Demonstrated Equivalency to LEED Prerequisites and Credits For example,for the City of Portland the following local standards are considered Supplemental Prerequisites equivalencies for the LEED referenced standards in the prerequisites and credits listed: There may be cases where the applicant would like ALL projects submitted to address a particular local environmental issue(s)not covered under the existing LEED Prerequisite LEED 2.0 Prerequisite or Credit Portland LEED Application Guide or Credit structure,while maintaining the credit flexibility provide by the Innovation Site Prenqukna t Uses the Chyof Portland EmawControlMenval as the Credits.In this case,the applicant may propose a new Supplemental Prerequisite.This Erosion and s k—urtlon caobal referenced sMnderd may be thought of as the creation of a'LEED Plus"for state and local uses. Site Credit 6 Uses the City of Portland St—rater Manoal as the Stamavater Management referenced standard It must be noted,however,that Supplemental Prerequisites are considered to be Energy Prerequisite 2 loth true the 1998 Oregon energy rock as the referenced standard outside of the USGBC's review,both within the Application Guide and as applied to Minimwn Energy Performance and registered projects.As such,it will be the responsibility of the applicant to verify Energy Girder 1 Optim se Energy Performance compliance with any Supplemental Prerequisites included in an Application Guide. Furthermore,while Supplemental Prerequisites may be deemed mandatory by an Application Guide,they cannot be converted to point-carrying credits in excess of the and Credits to Loral Conditions points Additional Guidance Applying LEED Prerequisites four allowed under the Innovation Credits Application Guides may include clarification or amplification of certain LEED prerequi- sites or credits due to any number of conditions specific to astate or local jurisdiction. This additional text may be included in the Application Guide following the LEED Core Project Review and Certification Structure described above as a secondary paragraph that is dearly identified as the Projects using aUSGBC-approved LEER Application Guide must follow the same Applicant's"specific"technologies and strategies, certification process as described in the LEED Reference Guide.These projects should Clarification or Amplification of Existing LEED Prerequisites and Credits designate whether a particular Application Guide is being followed when registering The following are examples of LEED credits for which additional guidance is provided the project,as well as in the application for LEED Certification. by the City of Portland under a"Portland-specific"Technologies and Strategies heading: Review of the project certification application by the U.S.Green Building Council will be based on the requirements of the specified Application Guide,or the parameters LEED 2.0 Prerequisite or Credit Portland LEED Application Guide set forth in the LEED Reference Gui&After the project application has been 1EQ Prerequisite t AmpOfisetlon orTeohnologievstrateg.as bpdrde addtwnd reviewed,the project will be certified and awarded the appropriate LEED rating level. Minknum IAQ Performance egAmation of/SHNAE standard 62,1999 IEQ Credit c Amp00wtlon of TethnologieslStrawoes to in"addMmal pee:An additional fee may be assessed to applicants if extra review time is needed lon,Emlttlng Materials exptanatlon of specifying to—itong metedds for non-standard requirements contained in a particular LEED Application Guide. IEQ Grader 6 Clarification of credit requirermnu that slows for operable windows cmtmlabilly of systems Fees will be negotiated with the submitting entity as part of the Application Guide approval process. 46 q7 Definitions The LEED Certification System is a three-step process designed for convenient and economical use. Application Guides: Step 1:Project Registration A document reviewed and approved by the USGBC that augments and supports a Step 2:Technical Support government or other entity's use of the LEED Rating System within the guidelines and Step 3:Building Certification DEFINITIONS requirements of the USGBC.The process of applying to the USGBC for review DEFINITIONS ypp and approval of a draft Application Guide begins by contacting Program Manager More details and application instructions are available in the LEED Reference Guide or Peter Templeton at the USGBC:ptempletonousgbc.org. on-line at www.leedbuilding.org. An early example is the City of Seattle's C/P Supplements to the LEED Rating System If the entity sponsoring an Application Guide wished to convey some additional (available as a downloadable PDF at www.cityofseattle.net/Sustainab/ebui/ding/ recognition to a project it is certainly welcome to do so.For instance,a City of Seattle Leedso,which is currently being applied to City of Seattle building projects. building project that follows the Seattle LEED supplement might be awarded a City certificate indicating that the project has riot only achieved the LEED Silver level,but has also conformed to the supplementary LEED requirements. Calculations: These are sample formulas or computations to assist with the determination of Design Approach: compliance for a particular prerequisite or credit General recommendations for the design of the project in order to achieve the performance goals stated in the measure. Case Studies: Innovation Credits: These are provided to present an example of the successful implementation of the goals stated for the prerequisite or credit.As an illustration,the selected project exemplifies one way to achieve the results of the measure,although there may be other methods. Community Issues: These focus attention on the benefits or disadvantages to the surrounding community , and our built environment that result from the implementation of the measure. _ Certification Process: s 48 49 There are two types of innovation strategies that qualify for LEED points.One type of maximum of four points allowed under the Innovation Credits,or may offer these as innovation strategy is to greatly exceed the requirements of an existing LEED credit. prescribed Optional Credits to facilitate their application in projects.Whether For instance,if a project incorporates energy or water efficiency measures that greatly Mandatory or Optional,any new Innovation Credits in an Application Guide reduce exceed the requirements set forth by LEED,then an innovation credit is available to the number of flexible Innovation Credits available.For example,if two new manda- recognize an extraordinary effort tory credits are added to an Application Guide,only two points remain available for Innovation Credits. DEFINITIONS The other type of innovation strategy is a measure that is not addressed by any LEED DEFINITIONS credits.An example of such a measure might include extraordinary educational Examples of Optional Innovation Credits include the following from the City of Portland: benefits,community benefits,or environmental mitigation.While LEED is a compre- hensive framework for green building,there are many sustainable measures that have Category Portland LEED Innovation Credits not been addressed within LEED and this credit is included to cover these special Innovation credit t One point'available for mixed use,transit-oriented development circumstances. Mixed use Development Innovation Credit 3 One point'available for provimng each of the following: Alternative Transportation • 50%of locally required minimum'or 30%of locally allowed maximum For both types of innovation strategies,the measures implemented must be over and numb.of parking Spam,wmdhe„er provwes fewer above any sustainable measure addressed in existing LEED credits.Simple signage as Further limiting parking to no parking for new construction projects beyond an education benefit would not qualify for an innovation credit.Conversely,a visitor's thcremnremmts of the Amerinns with Disabilities Ad(ADA) center and interactive display,coupled with a Web site and video,would be an Innovation Credit 3 One point'available for prmiding each of the following at sites with a smrmwater Management Hoar Area Ratio(FAR)greater than 1 appropriate level of effort for earning an innovation credit.In other words,significant effort must be made in order to achieve an innovation credit.Points are not awarded 50%mitigation per Boreau of Environmental Services Stormwater Manual for little or no effortA separate set of submittals is required for each point awarded. for surfaa-level impervious su facts • 100%mitigation per Bureau ofEmkomnmtal Services Stormwaler Manual In other words,one measure can receive a maximum of one point This allows for four for soult—level Impervious surfaces independent sustainable measures to be applied to this credit 50%mitigation per Bureau of bWronmental Services Slormwater Manual for impervious roof sudam Application Guides may require new,prescribed Mandatory Credits under the 100%mitigation per Bureau of En irwhmm dSesvkes Stomnsh Manual Lobby of the I for impervious roof wdaces LEED Gold-rated �'' 1� Innovntien Credit a One point'available for recycling mdlor salvaging at least 90%(by weight)of )van Valium Natural Cominxtion Waste Management wmtmdion,demolidon and land dearing debits Capital Center, Innovation Credit S One point'available for selecting of to furnishings,such as workstations, home of the Low-Emfth"wrrainngs to reduce VOC emission City of Portland's Office of Sustainable NOTES: 'Total LEED maximum number of allowable lmhovaton Credits rmuim at four Development, 'Must be negotiated based upon project location Portland,OR �� 4 to, ,li Iilll E v .., 50 51 Intent: Submittals: The main goal of a LEED prerequisite or credit. The documentation required for the LEED application.Checkboxes are used to keep track of the required documents for submittal. LEED Reference Guide: A supporting document to the LEED Green Building Rating System.The Guide is Supplemental Prerequisites: DEFINITIONS intended to assist project teams in understanding LEED criteria and the benefits of A Supplemental Prerequisite consists of a requirement outside of LEED itself,such as DEFINITIONS complying with each criterion.The Guide includes examples of strategies that can be the following by the City of Seattle: used in each category,case studies of buildings that have implemented these strategies successfully,and additional resources that will provide more information.The Guide Category Seattle LEED Supplemental Prerequisite does not provide an exhaustive list of strategies for meeting the criteria.There will be Site Prerequisite 2 Requires compliance with the city of Seattle Landscape and Grounds new strategies employed by designers that satisfy the intent of each credit.Nor does Land-pe and Gmunds Manngentwt Management Guidthms it provide all the information that design teams need to determine the applicability of a credit to their project - " Another example is the following by the City of Portland: Category Portland LEED Supplemental Prerequisite [/ Point Structure and Rating Tiers: Site Pmmgnisite2 Requires a T—po tiw Mmagement Plan prorlAing onyoog • A total of 69 points are available within four categories of certification: Atnthe Transportation atron am wow on attematme:i—tims LEED Platinum"for buildings that earn 52 or more of the available points • LEED Gold'"for buildings that earn between 39 and 51 of the available points • LEED Silver"for buildings that earn between 33 and 38 of the available points t LEED Certified'"for buildings that earn between 26 and 32 of the available points Referenced Standards: The required standards for measuring compliance with the credit intent. A brief summary of the standard is also provided in this section.However,applicants should reference the standard and not rely solely on the summary. Requirements: These specify the performance criteria to satisfy the prerequisite or credit and the number of points available.While the prerequisites must be achieved,each credit is optional but contributes to the overall project score. Some credits are divided into two or more measures with cumulative points For example,Materials&Resources Credit 4:Recycled Content is divided into Credit 4.1, for achieving 25%(worth one point),and Credit 4.2,for achieving 50%(for an additional point). 52 53 About the USGBC USGBC MembersorLiaisons The Council's membership is open and balanced.It is comprised of leading and visionary representation from all segments of the building industry.This type U.S.Green Building Council(USGBC) of representation provides a unique,integrated platform for carrying out important The U.S.Green Building Council is the nation's foremost coalition of leaders from programs and activities. ABOUTTHEUSGBC across the building industry working to promote buildings that are environmentally Membership Categories include: ABOUT responsible,profitable,and healthy places to live and work. • Architects,Engineers,Interior Designers,landscape Architects,and Planners U.S.Green Building Council Since its formation in 1993,the U.S.Green Building Council has fulfilled this need, • Building Owners,Managers,Users,and Brokers 101518th Street,NW,Suite 805 becoming the center for debate and action on environmental issues facing the Washington,DC 10036 • Contractors and Builders industry's multiple interests.The Council has grown to more than 2,000 international t 202.828.7422 organizations including product manufacturers,environmental leaders,building • Corporate and Retail Companies f 202 828 7722 and design professionals,retailers,building owners,financial industry leaders,and • Federal Government local,state,and federal agencies. • Financial and Insurance Institutions e. infogusgbc.org w.www.usgbc.org The mission of this unique coalition is to accelerate the adoption of green building • Nonprofit and Environmental Organizations practices,technologies,policies,and standards.Through its committee-based • Product Manufacturers,Building Controls,Service Contractors,and Distributors organization,the USGBC endeavors to move the green building industry forward with market-based solutions.Another vital function of the Council is linking industry • Professional Societies and government.The Council has formed effective relationships and priority programs • Real Estate Corporations with key federal agencies,induding the U.S.DOE,EPA,NIST,and GSA. • State,Local,and Federal Governments • Universities and Research Institutes • Utilities/Energy Service Companies t71 i Members have access to a clearinghouse of the best green building-related informa- tion possible on emerging Vends,policies,and products.These include product databases,case studies,staff papers,directories,and other resources.Information is the key to the success of any business,especially one evolving so quickly. Members gain networking opportunities with industry leaders and policy makers.From forums to advisory boards,from conferences to committee meetings,the Council Cambria office Building provides myriad opportunities to expand one's network and forge working relation- (LEED z.o cold), ships with industry leaders,key policy makers,and strategic partners like AIA,ULL Pennsylvania Department of Environmental BOMA,IFMA,and CSI. ProtectionAlsonsburg,PA 54 55 Frequently Asked Questions Q. What fees may be Incurred in developing a LEED Application Guide? The state or local entity proposing a LEED Application Guide bears full responsibility for all development costs including review time required for USGBC Q. What would adopting LEED mean for my state or local government? approval.Fees will be negotiated based on the proposed requirements.An State and local governments have adopted the LEED Rating System to additional fee may also be assessed to projects seeking certification establish a standard,certified benchmark for performance on both public if extra review time is needed for non-standard requirements contained in the s and private projects.,Examples include;requiring capital projects to be LEED Application Guide. s reviewed by the USGBC for LEED Certification or tying financial incentives to Q. What modifications to LEED are allowed in a Supplement? demonstrated performance under the LEED Rating System. Since the supplement is developed,owned and operated by the state or Q. What would creating a LEED Supplement do for my state or local local government entity itself,there are no restrictions to the modifications government? to LEED criteria that may be included. However,these criteria would always Local or State Supplements to LEED are created to work synergistically with the need to demonstrate equivalency or exceed LEED criteria existing LEED Green Building Rating System and certification process while if submitted projects from this area were to achieve LEED Certification. permitting some tailoring of the requirements to address local priorities. This customization can include adding locally enforced requirements or prerequi- Q. What modifications to LEED are allowed in an Application Guide? sites,establishing;equivalence between local codes and the LEED referenced The USGBC will accept four types of modifications in an approved LEED standards,or converting optional credits to prerequisites for local projects. Application Guide: Q. What would creating a LEED Application Guide do for my state or • Stipulation that some existing LEED credits are deemed mandatory by the local government? Application Guide LEED Application Guides are created to work within the existing structure of • Creation of new credits within the maximum of four points allowed under the LEED Green Building Rating System and to allow state and local entities to the Innovation Credits tailor existing prerequisites and credits to their own regional or functional • Demonstrated equivalency to existing LEED prerequisites and credits needs.This is a major commitment for any state or local government • Additional guidance on applying LEED prerequisites and credits to local embarking on this approach. Local Application Guides must be updated to conditions reflect any and all changes to the LEED Rating System to ensure compatibility with new LEED versions and Sector Application Guides. Q. What do 1 need to do in order to use a local standard instead of the LEED referenced standard in a credit or prerequisite? Q. Who do I contact about developing a LEED Supplement or It must be demonstrated that the alternate standard is equal to or more Application Guide? stringent than the existing LEED referenced standard.To propose an alternate Contact Peter Templeton,LEED Program Manager,U.S.Green Building standard to the U.S.Green Building Council and gain approval for Council,at 102.818.7422 x137 or ptempeeton®usgbc.org. an Application Guide,a comparison table must be completed and submitted showing the credits adapted.USGBC approval of all Application Guides Q. Where an 1 get information about the LEED Rating System in general7 is required. Visit the U.S.Green Building Council Web site at www.usgbc.org or contact us by e-mail at.leedinfoCusgbc.org. Q. What do I do when I'm ready to register a project under an approved Application Guide? Q. What fees may be Incurred in developing a LEED Supplement? Projects using a USGBC-approved LEED Application Guide must follow the same Since a LEED Supplement is developed and managed by the state or local certification process as described in the LEED Reference Guide. government entity,there would be no additional fees beyond the standard Projects must note that a particular Application Guide is being followed when LEED Certification fees.If,however,the USGBC were involved with registering the project as well as when submitting their project documentation reviewing any of the supplementary requirements as part of the certifica- for LEED Certification. tion process,then special fees would need to be negotiated with the relevant entity to cover additional time needed to review the non-standard requirements. 56 57 Resources Air Force: The Air Force has developed a LEED Application Guide for Lodging projects and has registered projects for LEED Certification. Army: The Army has adopted LEED into its Sustainable Project Rating Tool FEDERAL USERS: (SpiRiT),but is not requiring certification of its projects. Navy: The Navy was the first federal entity to certify a LEED project,the RESOURCES DOE: The Department of Energy supported the development of the LEED Bachelor Enlisted Quarters at the Great Lakes Naval Training RESOURCES LEED Users Summary Rating System,training workshops,and reference materials. Center.This project was certified under the Pilot version of LEED. Updated:7-31-02 Navy currently has one project registered with LEED and is Prepared by. DOI: The Department of the Interior has signed a Memorandum of supporting the development of LEED Residential. r Y Peter Templeton Understanding with the U.S.Green Building Council agreeing to Contact: Mike Chapman,Naval Facilities Command use LEED for Existing Buildings 202-685-9175 LEED Program Manager Contact: Heather S.Davies STATE USERS: 202-828-7422 ext.137 202-208-7884 ptempleton@usgbc.org heather—davies@ios.doi.gov California: California is currently considering LEED adoption has developed a draft LEED Supplement for state projects. EPA: The Environmental Protection Agency participated in the pilot testing of LEED version 1.0,but did not earn project certification. Contact: Tom Estes, The Agency currently has two laboratory projects registered and is California Integrated Waste Management Board supporting development of LEED for Existing Buildings. 916-341.6000 GSA: The General Services Administration requires that all building testes@ciwmb.ca.gov projects beginning design in 2003 meet LEED Certified level Contact: Gary Flamm,California Energy Commission standards.To support this policy,the GSA has signed a 916-654-2817 Memorandum of Understanding with the USGBC agreeing to use gflamm @energy.state.ca.us LEED on all new projects.It is not requiring that all projects apply for certification,however,it has 19 projects registered including Connecticut: The Connecticut Green Building Council is promoting public federal courthouses,laboratories,border stations,and office adoption of LEED in the State Legislature. buildings.The GSA is the nation's largest tenant managing space in Contact: Dick Barredo over 8,300 owned and leased buildings for over one million federal 860-563-5851 employees.GSA was the Council's first federal member. richard.barrado @ctiinovations.com Contact: Don Horn and Debra Yap 202-501 4525 Maryland: Maryland adopted LEED Certification for all state capital projects donald.horn @gsa.gov,debra.yap @gsa.gov greater than 7,000 gsf in October 2001.An implementation plan n for the new policy is completed.The state currently offers a green State: The Department of State has committed to using LEED the building tax credit for commercial projects.Further information on construction 180 new embassies worldwide over the next Maryland's activities:http://business.marylandtaxes.com/taxinfo/ years and worked ed with the USGBC to coordinate a green charre tte taxcrediUgreenbldgldefault.asp for the project teams in early 2001.The Department has multiple projects registered with LEED. MD Green Building Council contacts: Contact: David Barr Mark Bundy,MD Dept of Natural Resources 703-875-6179 41D-260-8720 Barrdp @state.gov mbundytl!dnr.state.md.us Steve Gilliss,MD Dept.of General Services 410.767-4675 sgill iss@dgs.sta te.md.us 58 59 Massachusetts: Massachusetts is considering LEED adoption for all state projects Four state funds including the$20 million Sustainable Energy Fund Contact: John DiModica,Dept.of Capital Planning provide grants,loans and"near-equity"investments in energy 617-7274030 efficiency and renewable energy projects in Pennsylvania. John.DiModica@dcp.state.ma.us Contact: Paul Zeigler, Engineering&Building Technology Governor's Green Government Council New Jersey: The New Jersey Economic Development Authority is encouraging 717.772.5161 RESOURCES the use of LEED on its$12 billion public school construction pazeiglerOstate.pa.us program.The New Jersey Department of Environmental Protection RESOURCES ' is supporting the development of a LEED application guide for Washington: Currently,use of the LEED Rating System is voluntary,however, K-12 and higher education facilities. pending legislation may require state and college facilities be built Contact: Mark Lohbauer,Economic Development Authority to LEED Silver. 609-292-1800 Donald Wheeler,Chair, LEED for Schools Organizing Committee MUNICIPAL USERS: 201445-9272 Several municipalities are currently requiring LEED Certification of their projects: New York: New York Governor Pataki issued an executive order in June 2001 encouraging but not requiring state projects to seek LEED Certification.The New York State Green Building Tax Credit Austin,TX: Austin requires LEED Certification of all public projects over 5,000 gsf. Program provides a tax incentive to commercial developments City of Austin Green Building Program: incorporating specific green strategies(not directly tied to LEED). http:l/www.ci.austin.tx.uslgreenbuilderl New York Green Building Tax Incentive Program: Contact: Richard Morgan, www.dec.state.ny.us lwebsitelppulgmbldglindex.html City of Austin-Green Building Program New York Executive Order. 512-505-3709 www,gorr.state.ny.uslgorrlE01I I_ful/text.htm richard.morganOaustinenergy.com Contact: Craig Kneeland,NYSERDA Arlington,VA: Arlington County allows commercial projects earning LEED Silver 518-862-1090,ext.3311 certification to develop sites at a higher density than conventional cekOnyserda.org projects. - Oregon: Oregon's 35%Business Energy Tax Credit for commercial develop- All site plan applications for commercial projects are required to ment is tied to LEED Certification level include a LEED Scorecard regardless of whether or not the project 100,000 A LEED Silver building eligible for$105,000 tax credit intends to seek LEED Certification. 100,000 sf.LEED Gold building eligible for$142,500 tax credit Contact: Joan Kelsch 703-228-3599 http://8rcweb.sos state.or.uslruWOARS_30010AR_330133O 09O.htmi Boulder,CO: Boulder requires all municipally funded new construction and Pennsylvania: LEED Silver certification Is required in new construction RFPs issued major addition projects to achieve LEED Silver certification.The City by the Department of Environmental Protection and Department is considering requiring certification of commercial projects or of General Services.A draft bill requiring LEED Certification of state developing a LEED-based incentive program. projects was released for review in March 2002. Contact: Christine Andersen,Deputy City Manager andersenc@ci.boulder.co.us House bill 2433 including a High Performance Green Building Tax Credit is currently under committee review. www.l egis.state.pa.usIWU01/LIIBIIALU2001/01HB2433.HTM 60 61 Cook County,IL:The Cook County Commissioner adopted an ordinance requiring New York,NY: New York City is moving towards increased use of LEED as a LEED Silver Certification of all new county building projects complementary tool to its High Performance Building Guidelines. and encouraging the application of LEED to existing building Contact: Hillary Brown, retrofit and renovation projects. New York City Department of Design and www.cookctyclerk.com/agendas/2001/020601/ordinance.htm Construction 718-391-1371 RESOURCES Kansas City,MO:The City of Kansas City,Missouri,has formed a LEED committee to BROWNH @ddclan.cn.ci.nyc.ny.us RESOURCES research the adoption of LEED Certification of public projects.The committee will report its findings in the spring 2002 with a final Portland,OR: Portland requires LEED Certification of all public projects over There is a longer list of local decision on adoption anticipated by mid-year. 5,000 gsf and has developed Portland LEED supplement.Portland's governments that are working Contact: J.C.Alonzo LEED incentive program provides funding to commercial projects to towards adopting LEED for 816-746-4777 offset costs of certification:S15,000 for LEED Certified and$20,000 public projects.Visit the USGBC jc_alonzooyahoo.com for LEED Silver ratings. Web site,www.usgbc.org, City of Portland 9-rated incentive programs: for more information or to view King County,WA King County Executive Order FES 9-3(AEP)requires all new public www.green-rated.org/g_rated/grated.html the most current lists of LEED construction projects to seek LEED Certification and encourages the Certified and registered projects. application of LEED criteria to building retrofits and tenant Contact: Rob Bennett,Office of Sustainable Development improements.A local LEED Application Guide is currently under G/Rated-City of Portland Green Building Program development. 503-823-7082 Contact Theresa Koppang bennettOci.portland.or.us IN King County Solid Waste Division This site also contains a link to the City of Portland theresa.koppang @metrokc.gov cost comparison study at Los Angeles,CA On April 19,2002,the Los Angeles City Council voted in favor of www.green-rated orglg_ratedlresourcesl M pdf ,.E.. requiring LEED Certification of all public works construction San Diego,CA: San Diego Mayor Dick Murphy included requiring LEED Silver projects greater than 7,500 gsf. certification of all municipal projects among his 10 goals Contact: Deborah Weintraub,City Architect for the year in his 2002 State of the City Address.The City has 213-847.6370 subsequently adopted LEED for all public projects. dweintraoeng.lacity.org Contact: Richard Hayes,Director,Environmental Services 858-492-5056 In March 2002,LEED Certification of new construction projects rhayes @sandiego.gov was approved as part of the$1.6 billion bond proposition funding building projects on the nine campuses of the Los Angeles Mayor's office: Tom Story,Sr.Policy Advisor Community College District. tstory@sandiego.gov tstoryosandiego.gov llp Goodwillle San Jost,CA: San Josh requires LEED Certification of all municipal projects over t Environmental School (LEED registered project), 10,000 gsf. t Forest Rills Public Contact: Mary Tucker Schools,Ada,Ml 408-277-4111 "I g. ma ry.tuckeroci.sj.ca.us I or Darren Bouton 408-277-4670 Oarren.Bouton@dsj.ca.us 62 63 San Mateo,CA: San Mateo adopted a municipal requirement for LEED Certification of public projects in December 2001. Contact: Jill Boone,Recycling Program Coordinator 650-599-1433 jbooneorecycleworks.org RESOURCES Seattle,WA: Seattle requires LEED Silver certification of all public projects over 5,000 gsf. City of Seattle Sustainable Building Policy: The City's Sustainable Building Policy was unanimously endorsed by the City Council and signed by the Mayor in Februrary 2000. The policy uses the U.S.Green Building Council's LEED Rating System to evaluate City projects. www.cityofseattle.netlutillresconslsusbuildlpolicy.htm Contact: Lucia Athen4 Sustainable Building Program 206-684-4643 ie m k s i t Site plan of Park 9011ollding SC(LEED registered project), qty of Seattle.WA. 64 BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning February 2007 T f YP es o Permits '.3 2-Fandl Y commercia l Number fP ermits Issued SFD Multi P le-F anril Y (Be ni z006 Cte a o i !odes Industrial l Mlsc e llaneous Total Construction Cost Be nin zoos XX 2 Permits=1 Sbucture Bui/douts February 2007 64 23 2 0 7 0 32 $10,634,050.00 Calendar Year 2007 115 45 2 0 10 0 58 $15,302,631.00 Fiscal Year 2006 1146 477 40 7 36 0 586 $123,939,178.00 February 2006 ( 104 62 4 0 4 0 34 $9,134,516.00 Calendar Year 2006 217 116 16 3 8 0 74 $229111,746.00 Fiscal Year 2005 1248 562 22 9 30 0 625 $119,557,135.00 February 2005 55 16 0 0 1 0 38 $5,730,131.00 Calendar Year 2005 t 101 40 0 0 6 0 55 $11,779,881.00 Fiscal Year 2004 873 380 0 0 24 1 470 $91,992,441.00 February 2004 41 19 0 0 1 0 21 $4,497,798.00 Calendar Year 2004 91 46 0 0 3 0 42 $10,228,279.00 Fiscal Year 2003 770 310 12 7 29 0 412 $789777,606.00 February 2003 36 20 0 0 0 0 16 $3,350,501.00 Calendar Year 2003 72 42 0 0 1 0 27 $9,856,470.00 Fiscal Year 2002 637 233 4 2 30 1 367 $49,591,559.00 t Permit Number Y-05-0011 was voided,thus only 101 of 101 assigned permit numbers were actually used Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects. Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety and Zoning Reviewed By:_ Agenda Item Number 0 Legal ❑ F—b c ,4 3 EST. 1836 Finance ❑ Engineer City Administrator F1 Tracking Number Consultant ❑ j<te ? Human Resources ❑ PC 2007-04 City Council Agenda Item Summary Memo Title: His Grace Christian Child Development Learning Center–Special Use Request City Council/COW Agenda Date: March 20,2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report dated March 12,2007 a�ND C,r 0 United City of Yorkville Memo 800 Game Farm Road EST: 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 f gyp` Fax: 630-553-3436 <LE Date: March 12,2007 To: EDC/COW From: Travis Miller,Community Development Director Cc: Lisa Pickering,Deputy Clerk Subject: PC2007-04 His Grace Christian Child Development Learning Center —Special Use Request Staff Comments • The Plan Commission will be conducting a Public Hearing for this request March 20,2007. • The property is currently zoned M-1 and is within the Fox Industrial Park. • Operation of this facility will require licensing by the Illinois Department of Child and Family Services(DCFS). This license will determine the student capacity allowable by the facility. The petitioner is expecting to employ 30 full time and part time staff members with 18-19 at the facility at any given time. Comprehensive Plan Recommendations: • The Comprehensive Plan Land Use Plan for the property recommends Industrial land use for this, and surrounding properties. Findings Necessary for Approval 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. (Ord. 1973-56A, 3-28-74) 0 C/Ty Reviewed By: Agenda Item Number �� ,.: �e► Legal ❑ �I�� /4 Finance ❑ Esr. -� - s Ci Administrator ineer ❑ Tracking Number one" �O Consultant ❑ PC 2005-32 Human Resources El ALE City Council Agenda Item Summary Memo Title: York Wood Estates—Preliminary Plan/Plat City Council/COW Agenda Date: March 20,2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Refer to March 12,2007 Staff Report attached United City of Yorkville Memo 4 't' 800 Game Farm Road EST; ,, _ __ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o� p Fax: 630-553-3436 Date: March 12,2007 To: EDC/COW From: Travis Miller, Community Development Director CC: Lisa Pickering,Deputy Clerk(for distribution) Subject: PC 2005-32 York Wood Estates Preliminary Plan and Plat Bac = The Plan Commission is scheduled to review this petition and make a recommendation at the March 14,2007 meeting. This property was annexed August 8,2006. A Concept PUD plan was approved as part of the Annexation Agreement and attached as an exhibit to the agreement. The proposed Preliminary PUD Plan is substantially in conformance with the approved Concept Plan. Male Grove Subdivision resident letter: Mr. Barry Saunders submitted a letter addressed to Chairman Lindblom(copy in packet) requesting a street connection not be made from York Wood Estates into Maple Grove Subdivision. Staff has reviewed this connection and determined the steepness of grade does not make this a feasible connection. The plan submitted proposes a connection to Brighton Oaks II(as recommended by Mr. Saunders letter) Preliminary Plan and Plat Refer to the following staff reports(attached): - EEI report"Re: Yorkwood Estates,Preliminary Plan Review"prepared January 11,2007 - EEI report"Re:Yorkwood Estates,Preliminary Plat Review"prepared January 11,2007 - Laura Haake report"York Wood Estates Preliminary Landscape Plan" prepared January 30, 2007 - Laura Haake report"York Wood Estates Tree Survey"prepared January 30, 2007 1 York Wood Estates—Variances During the Plan Council review of the Preliminary Plan February 22,2007, the petitioner explained they may require certain code variations in order to develop the property in the least intrusive manner with respect to tree preservation. Staff recommended the petitioner prepare a list of potential variances from City code in order to accommodate a more sensitive design approach to be considered as part of the Preliminary Plan/Plat approval process. Attached to this report is"York Wood Estates—Variances"memo prepared by Jacob &Hefner Associates February 28,2007. Variances requested along with staff recommendations and comments for each: 1. Where existing grades are steep we would like the option to be allowed a 10% maximum centerline gradient. Staff recommends approval. 2. Minimum 5-foot side yard setbacks with a 20-foot minimum building separation. Staff recommends approval. 3. To save trees the front yard setback may be reduced to 25 feet as long as the lot width at the setback line is not less then 80 feet. This would save trees in the `rear'yard not the front'-Staff recommends allowing flexibility where appropriate, however, a blanket variance is not recommended Staff recommends allowing this variance where it can be determined beneficial based on the tree survey and designating specific lots that are allowed to be 25'(verses 30 as required). 4. Utility Easements where needed only: Front yard— 10-foot Rear yard—20-foot at perimeter lots, 10-foot at interior lot only where utilities are proposed Side yard—arbitrary, 10-foot minimum centered on utility line if needed. Staff recommends requiring the typical easement widths and not granting this variance. 5. The option to place sanitary, storm and water main under the pavement Staff recommends approving this for sanitary and storm only. Water mains are more maintenance intensive and should no be located beneath pavement if at all possible. 6. The option to shift the road within the right-of-way to avoid trees Staff recommends not allowing this variance. More than likely trees within the right-of-way will die soon anyway—streets should be constructed along the right-of-way centerlines. 7. The option to vary the sidewalk location from back of curb&gutter, "carriage walks"to 5 feet into front yard to save trees. 2 Staff recommends allowing this variance where it can be determined beneficial based on the tree survey. Staff further recommends to maintain a minimum of V of parkway(between curb and sidewalk)but allow sidewalks to be a greater distance to avoid sensitive areas is fine. 8. Avoid installing storm sewers in rear yards Staff recommends approval of this variance subject to grading plan approval and the impact of the mass grading work as it relates to the tree preservation plan. Comment.Mass grading plans do not indicate what trees will be affected (preserved or removed) in the design. It cannot be determined yet what would cause more damage:lawn chemicals from the backyards that running directly into the woodland, or an engineered swale to storm sewers. If the site engineering directs waterfront the backyards directly into the wooded areas,a natural landscape buffer should be required to slow runoff and promote infiltration due to potential damage to the woods from lawn chemicals. A second option would be to require back yards to remain as a natural area and allow little to no turf grass lawn. 9. Avoid sump pump connections where storm sewers are not available Staff recommends approving this variance 10. Option to install bio-swales with a slope under 2%where practical Staff recommends approving this subject to final engineering review and acceptance. 11. Because of the rolling terrain and grade differential we would like the option to be allowed up to 8-feet of"bounce"and be allowed to hold the 10-year event at a depth greater then 2-feet. Staff does not recommend approving this as a blanket variance. This scenario may be acceptable, however,provided acceptable draw down times and alternate safety measures are in place. Staff recommends approving this subject to final engineering review and acceptance. 12. Allowed to release storm water undetained in areas that remain undisturbed. Staff does not recommend approving this variance. Comment:Direct release of storm water into undisturbed areas(wooded areas) is extremely harmful to the environment. The runoff from streets, driveways and lawns contains high amounts of toxic elements including motor oil,car wash detergents, lawn fertilizers, eta Rater shall be trapped and faltered prior to release.Direct release could also create gullies and saturate soils beyond typical water holding capacity. Oaks and other native species have roots systems that feed close to the surface. These are extremely sensitive to lawn chemicals.Lawn fertilizers upset nutrient 3 balances in natural areas and often promote the growth of non-native species in wetlands and streams due to the high nitrogen and phosphorous concentration. Car detergents, as well as road salts, also contain high amounts of phosphorous and can be damaging to the environment Any storm water shall be released into a controlled filtering system (basin or rain garden) that promotes infiltration into the groundwater system. 13. Provide detention for only the areas that are being developed or impacted. Staff does not recommend approving this variance. Detention should be based on the tributary area, whether a portion of the area is developed or not 14. Be allowed to reduce the street width to 24' back-to-back to save large numbers of trees or very large trees, in limited areas. Staff recommends a variance to allow a minimum of 28'back-to-back with onstreet parking restrictions. 15. Use of high capacity structures on long runs of continuous grade at a maximum spacing of 600-feet. Staff does not recommend approving this variance. Staff has concerns related to the quantity of trees in this development, the clogging of grates is a high probability. 16. Because of the large lot sizes and wide frontages we would like to be allowed to increase the maximum number of homes to 20 when considering water service isolation. Staff recommends approving this subject to final engineering review and desing acceptance. 17. Because of the large lot sizes and wide frontages we would like the option to propose more than two fire hydrants per isolated water main. Staff recommends approving this subject to final engineering review and acceptance. 18. 100-foot minimum for the centerline radius of streets Staff does not recommend approval of this variance. This is a public safety requirement for emergency vehicle circulation. 19. If the opportunity presents itself,where an existing tree is in the middle of the proposed street would we be allowed to build an island in the center of the street to save a tree. This could also act as a traffic calming"device". Staff recommends approving this subject to final engineering review and acceptance and provided the HOA assumes maintenance responsibilities for the landscaped area. 4 20. The detention basins do not have to follow the park standards. Allow dry detention basins or BMP channel style basins. Staff recommends approving this subject to final engineering review and acceptance. Comment. Embankment slope requirements will be dif cult to comply with in this hilly area. 21.Asphalt paths to be 8-feet wide. Staff does not recommend approving this variance. Comment. The asphalt trail through the York Wood Estates subdivision will be a Regional Trail. The City will require the path to be constructed at ten feet(10') wide. Staff does not believe that two feet(2) in width will cause any greater damage to trees than they will already incur during construction. The trail will require proof-rolling by a loaded six-wheeler,therefore damage will most likely occur outside the width of a nine foot(9) subbase for an eight foot(8) asphalt path, whereas the truck is more likely to stay on the designated path with an eleven foot(11') subbase and a ten foot(10') asphalt surface. It is the intention of the developer and their landscape architect to locate the trail to avoid removal or damage of any substantial trees. The City will approve the trail location prior to construction;therefore any variance of the trail width will be determined in the field 5 52 Wheeler Road• Sugar Grove, IL 60554 TEL:630/466.9350 *01 FAX:6301 466-9360 www.eelwob.com Enginearing Enterprises, In=. January 11, 2007 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Yorkwood Estates, Preliminary Plan Review United City of Yorkville, Kendall County, Illinois Dear Mr.Wywrot: We are in receipt of the following materials related to the Preliminary Plan review of the above referenced development: • Preliminary Engineering Plans prepared by Jacob & Hefner Associates, P.C. consisting of 7 sheets with original plan date of December 15, 2006. • Preliminary Stormwater Management Report prepared by Jacob & Hefner Associates, P.C. dated December 11, 2006. • Traffic Impact Study for Yorkwood Estates Residential Development prepared by KLOA, Inc. dated March, 2006. • Preliminary Soils Exploration for 234-acre Anderson Property/Yorkwood Estates prepared by Testing Service Corporation dated April 15, 2004. • Tree Survey for Anderson Farm conducted by Timberworks and compiled by Jacob & Hefner Associates, P.C. dated April 6, 2006. Consulting Engineers Specializing in Civil Engineering and Land Surveying Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to the existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. We offer the following comments: GENERAL 1. A Wetland Delineation Report should be submitted to the City and a review completed by the City's wetland consultant prior to Preliminary Plan approval. A Wetland Delineation Report for the Anderson Farm Site prepared by Ehorn Environmental dated December, 2003 has been submitted for review. Jurisdictional wetlands requiring Army Corps of Engineers permitting are found on this property. 2. A Traffic Study should be prepared by the development consultants in accordance with the City's Standard Specifications for Improvements and submitted to the City and to I.D.O.T. for review and comment. This study should make reference to the City's recently approved "Fox Road Southwest Area Transportation Study" and provide sufficient traffic data to assure the proper classification and design of internal roadways. This report should take into consideration proposed roadway stubs from adjoining properties and the potential traffic associated therewith. A traffic study prepared by KLOA, Inc. dated March 2006 has been submitted for review. 3. A copy of the Natural Resource Information Report by the Kendall County Soil and Water Conservation District should be filed with the City. Application has been submitted 4. A Field Tile Study should be prepared and submitted for review. A field tile survey titled "Anderson Farm Existing Drain Tile Record Drawing"prepared by Huddleston-McBride Co dated August 30, 2004 has been submitted for review. 5. A Soils Report should be prepared and submitted for review. A Preliminary Soils Exploration —246-Acre Anderson Property/Yorkwood Estates prepared by Testing Service Corporation dated April 15, 2004 has been submitted for review. 6. A Plat of Survey should be provided, or the Preliminary Plat should be revised to comply with the Illinois Land Survey Standards for a Boundary Survey with a certificate signed by a Professional Land Surveyor. An unsigned A.L.T.A./A.C.S.M. Land Title Survey prepared by Jacob & Hefner Associates, P.C. was submitted for review. 7. Permits or Sign-offs will be required from the following agencies: G:\Pub1ic\Yorkvi11e\2004\Y00426 Anderson Property(Wyndham Deerpoint)\docs\lwywrotPrelimP1an03.doc a. (IDNR) Consultation Agency Action Report regarding endangered-threatened species or natural areas. Correspondence from the IDNR dated January 27, 2004 indicating that"consultation is terminated"has been submitted. b. (IHPA) Division of Preservation Services regarding Historic and Archaeological Resources. A letter from the IHPA dated August, 2004 has identified three (3) archeological sites that are potentially significant If these sites are to be disturbed, a Phase 11 Archeological Investigation will be required. Additional correspondence dated September 28, 2006 states that based on additional information, no significant historic, archeological, or architectural resource are within the project area. c. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities. d. (IEPA) Division of Water Pollution Control regarding Sanitary Sewer Facilities. e. (IEPA) Division of Public Water Supplies regarding water supply and distribution. f. (IEPA) Division of Water Pollution Control regarding a Notice of Intent (NOI) General permit to discharge storm water. g. Illinois Department of Transportation regarding access points to Illinois Route 71. Please submit a copy of the approval letter from/DOT. h. A Phase 1 Environmental Site Assessment of the 220 Acre Anderson Property prepared by J & S Development and dated February 5, 2004 was submitted for review. We recommend that items a, b and g be received prior to Preliminary Plan approval. Items c, d, a and f will be required prior to the start of construction activities. PRELIMINARY STORMWATER MANAGEMENT REPORT 8. The City's Wetland Consultant should review the Wetland Delineation Report and assess the mitigation requirements. There are 2 ACOE wetlands and 2 isolated wetlands on site according to the Wetland Delineation Report dated December 23, 2003. 9. An existing conditions hydrology and hydraulics analysis should be provided that demonstrates the existing release rates and drainage areas. This should also address all off-site tributary area that will need to be safely bypassed through or around the site. 10.Since it is critical to maintain hydrology within the wetland areas of this site, the proposed conditions model should demonstrate that the release rates, drainage divides, and site release locations from the existing conditions analysis are G:\Pub1ic\Yorkville\2004\Y00426 Anderson Property(Wyndham Deerpoint)\docs\lwywrotPretimPlan03.doc maintained separately for each basin. 11.Both the existing and proposed conditions models should be run for the 2-, 10-, 25-, and 100-yr events in order to choose the actual critical duration storm. 12.The two ACOE wetlands should be delineated on the proposed conditions plan sheets. 13. It appears that the majority of the site is tributary to the Middle Aux Sable Creek, which is a high quality sensitive creek, and should be modeled to demonstrate that the critical duration analysis for the detention ponds does not exceed the allowable release rate for the 100-year storm event, which is 0.10 cfs/acre. In addition, further analysis should be provided for the possibility of the wetland flowing north to the Fox River. 14.The proposed condition plans impact the northern portion of the wetland located in the western area of the site. The impacted portion is a swale which, according to the Wetland Report, receives minimal flows from the north during smaller storm events, but conveys water north to the Fox River during the bigger storm events. The site plans show up to approximately 15' of fill in this area which would block these existing flows. Any action that might impact a jurisdictional wetland, such as this one, requires a permit from the Corps of Engineers. 15. In the existing conditions, it appears that there is an area in the southeast portion of the site that overflows to the southeast, into the proposed Brighton Oaks 11 site. But the proposed conditions show the overflow being routed to the southwest detention pond. The existing drainage direction and release rates should be maintained for this area. 16.The plans should show any existing or proposed culverts under Route 71 and their corresponding data. 17.Supporting documentation should be provided; this includes an existing drainage exhibit, stage-discharge calculations for each basin, and stage-area- volume calculations for each basin. 18.The stormwater management narrative should explain how the stormwater facilities meet the requirements regarding existing conditions drainage, wetlands, and any tailwater effects at the restricted release locations. 19.The critical duration analysis of the 10-year storm event should demonstrate that it is contained within 2 feet of bounce for each basin. 20. If the off-site bypass is routed through a detention facility, that flow should be released through a secondary restrictor that is located above the HWL that is required to meet the detention and compensatory storage requirements. Then G:\Pub1ic\Yorkvi11e\2004\Y00426 Anderson Property(Wyndham Deerpoint)\docs\lwywrotPrelimPlan03.doc there should be "with off-site" and "without off-site" models to demonstrate that the facilities meet requirements for both elements. 21.There should be emergency overland flow route calculations that demonstrate that the top of foundation and lowest opening of adjacent buildings are at least 1.5 feet above the water surface elevation created by the 100-year storm event, including off-site tributary areas. The cross-sections should be located on the plans. The small proposed side-yards would be restrictive to these flows; therefore, overland flow routes should not be located in the side-yards between homes. 22.The Engineer should revise the north eastern basin to maintain a 30' buffer between the Route 71 ROW and the HWL. 23.An exhibit should be included which shows the locations of the trees that will remain onsite, as well as the trees that are to be removed. PRELIMINARY PLAN 24.At "tee" intersections, sidewalk connections should be provided on the "top of the tee" side of the street to facilitate cross walks. Sidewalk "tees" should be provided on both sides of the street. 25.Building setback lines and easement lines should be shown on all utility sheets. Additionally, the appropriate easements should be provided for utilities outside of the right-of-way. 26.Street names should be labeled on all sheets in the Preliminary Plan as shown on the Illustrative Plan and Preliminary Plat. Additionally, a list of proposed street names should be submitted to the City, U.S. Postal Service and to KENCOM for approval. One name should be drawn from the City's list of historic names. SHEETS GD1 TO GD2—PRELIMINARY GRADING AND DRAINAGE PLAN 27.Wherever possible catch basins and inlets should be designed at intersections to avoid passing drainage through crosswalk areas. Particular attention should be given to those areas where the summit is distant and flows entering the intersection area are significant. 28.The maximum spacing for inlets should be 300 feet. It appears that additional drainage structures may be required on F Circle and E Street. G:\Pub1ic\Yorkvi1le\2004\Y00426 Anderson Property(Wyndham Deerpoint)\docs\lwywrotPrelimP1an03.doc 29.A note should be provided with the typical cross section regarding sidewalks crossing driveways. Sidewalks should be 6 inches thick with a 5 inch aggregate base. The City of Yorkville requires B-6.12 curb in new subdivisions, unless otherwise stated. 30.The use of the carriage walk design in wooded areas is not standard design for the City and will need to be reviewed by City staff to determine whether its use is appropriate or not. 31.Low opening and walk out elevations should be shown on applicable lots 32. Some sections of Street "A" near the intersection of Street "C" have centerline profile grades of 10 per cent. These areas should be revised such that they do not exceed the 8 per cent maximum. SHEETS SW1 TO SW2—PRELIMINARY SANITARY AND WATERMAIN PLAN 33.Street lights should be included in the preliminary plan in accordance with the City Standards. Street lights should be provided at all intersections, at the center of sharp curves, at the back ends of cul-de-sacs and should have maximum spacing of 300 feet. Light standards should be placed near lot lines (extended) when being installed mid-block. (Repeat comment) 34. In general, water mains should be located on the north and west sides of streets while sanitary sewers should be on the south and east sides of streets. 35.The layout of fire hydrants should be revised throughout the development to be in accordance with City standards. Maximum hydrant spacing should be 300 feet along the roadway or two fire hydrants serving any point of any building within 300 feet, whichever is more stringent. Fire hydrants should be located at each intersection and when located in a mid-block area should be at lot lines (extended). Review of hydrant locations can be finalized during Final Engineering. (Repeat comment) 36.Valves should be provided in Accordance with City standards. A detailed review of valve locations will be completed at Final Engineering. Typically, no more than 12 dwelling units should be out of water service at any time. Two valves (on intersecting mains) should be provided at each intersection. Valves should also be provided at the ends of lines that will be extended at a later date. (Repeat comment) 37.Due to the topography of the site, using watermain quality pipe for areas where the sanitary sewer is less than 8 feet deep is acceptable. However, residences served from these sewers may require overhead plumbing. G:\Pub1ic\Yorkvi11e\2004\YO0426 Anderson Property(Wyndham Deerpoint)\docs\lwywrotPrehmPlan03.doc TRAFFIC IMPACT STUDY REVIEW 38.We generally concur with the methodology and analysis presented in the study. Sight distances at all of the proposed access drives should be verified. The report should be revised to reflect the change to one Route 71 access point rather than two. CONCLUSION Our review of this Preliminary Plan will continue as the above comments are addressed by the developer and the design engineer and additional information is submitted as requested. If you have any questions or require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager p.c.: Bart Olson, Assistant City Administrator Travis Miller, Community Development Director Charley Wunder, Urban Planner Richard Guerard, Wyndham Deerpoint Bill Zalewski, Jacob& Hefner Associates, P.C. JWF, EEI G:\Pub1ic\Yorkvi11e\2004\Y00426 Anderson Property(Wyndham Deerpoint)\docs\lwywrotPrelimPlan03.doc 52 Wheeler Road• Sugar Grove,IL 60554 TEL-6301 4664350 FAX:6301 466-8380 wwwAeivmb.com Engine®ring Enterpris January 11, 2007 es, Inc. Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Yorkwood Estates, Preliminary Plat Review United City of Yorkville, Kendall County, Illinois Dear Mr.Wywrot: We are in receipt of the following materials related to the Preliminary Plat review of the above referenced development: • Preliminary Engineering Plans prepared by Jacob & Hefner Associates, P.C. consisting of 7 sheets with original plan date of December 15, 2006. • Illustrative Plan, Preliminary Plat and Adjacent Owners Exhibit consisting of 5 sheets prepared by Land Vision, Inc. dated December 21, 2006 Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to the existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. We offer the following comments: PRELIMINARY PLAT 1. Where City utilities run along side or rear lot lines, a minimum total easement width of 20 feet should be provided. Additional width may required in cases where multiple utilities are to be installed or when utility depth deserves consideration. These cases should be addressed on a case-by-case basis. CONCLUSION We recommend approval of the preliminary plat conditioned on the understanding and compliance with the comment issued above. This letter supplements our review NONE Consulting Engineers Specializing in Civil Engineering and Land Surveying letter dated January 11, 2007. If you have any questions or require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. , ( I A-- 7-&40090�� William E. Dunn, P.E. Senior Project Manager p.c.: Bart Olson, Assistant City Administrator Travis Miller, Community Development Director Charley Wunder, Urban Planner Richard Guerard, Wyndham Deerpoint Bill Zalewski, Jacob & Hefner Associates, P.C. JWF, EEI G:\Public\Yorkvi11e\2004\Y00426 Anderson property(Wyndham Deerpoint)\docs\iwywrotPrelimPlat04.doc 2.'� CIt o United City of Yorkville Memo '" 800 Game Farm Road E51: -� _w 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 Date: January 30, 2007 To: Travis Miller,Charley Wunder From: Laura Haake CC: Rebecca Houseman,Rich Guerard,Dave Mogle Subject: Anderson Property(York Wood Estates)Preliminary Landscape Plan I have reviewed the preliminary landscape plan submitted by Gary R.Weber Associates for the Anderson Property(York Wood Estates)dated December 21,2006,and have prepared the following comments: General Comments: 1) Title of project shall be consistent with other submissions. Change title of project to York Wood Estates. 2) Label zoning of surrounding property. 3) Label width of buffer yards. 4) Any existing fence line shall be shown on the plans. 5) A ten foot(10')wide asphalt trail shall be added along Route 71 and run the length of the property. 6) The tree survey shall be incorporated into the landscape plan as the survey directly affects the tree locations and planting plan. (Individual tree locations must be marked.) 7) A note shall be added that any future park site shall be evaluated by Staff once work has begun to determine the extent of necessary cleanup.The Parks Department will not accept any woodland that has not been improved to an acceptable condition;which includes trash pick-up,the removal of all fencing, clearing undesirable under story trees(including saplings),and removing dead or fallen trees from the site.The extent of this work will be agreed upon between the developer and City Staff prior to final plat. 8) Trail alignment shall be coordinated with the Brighton Oaks II development.A note shall be added that the trail location shall be determined upon final engineering so that the trees on both sides of the property line do not have to be removed due to the trail location. 9) Indicate location of silt fence to protect tree line and additional tree protection barrier on separate plan. If site drains toward a wetland or tree preservation area, a double silt fence barrier must be provided. Plant species: 10)Autumn Blaze Maple is not an acceptable species. Substitute with approved species from shade tree list. 11)One tree species shall total no more than 33%of the proposed landscape plan. 12)Storm water detention ponds shall be shown in F contour intervals. Different landscape treatments shall be indicated by different hatching patterns. Include seed mixes and plant species used for the detention areas. In addition,a maintenance and management plan shall be submitted for review. 13)Disturbed areas that are to be seeded shall be covered with excelsior blanket. Tree Preservation: 14)Tree preservation methods shall be included in the landscape plan. 15)Any trees that are removed due to the construction of the asphalt trail and the storm sewer line that passes through the"existing woodland to be preserved"shall be replaced as part of the required landscape quantities. 16)The landscape plan must include the calculations for tree removal and replacement, as determined by the tree survey. These additional trees cannot be added as part of the parkway trees,but must be included in future green space, park land,and as additional buffers. United City of Yorkville Memo + 800 Game Farm Road ESL _._ 1896 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 �2 <LE Date: January 30,2007 To: Travis Miller, Charley Wunder From: Laura Haake CC: Dave Mogle Subject: York Wood Estates Tree Survey I have reviewed the tree survey prepared by Jacob&Hefner Associates,P.C.,dated April 6,2006, for Anderson Farm and have prepared the following comments: General Comments: 1) Title of project shall be consistent with other submissions. Change title to York Wood Estates. 2) As part of the tree survey information book,the following information shall be indicated for each tree(in additional columns): 1)area in which the tree is located (A-L),2)whether or not the tree shall be removed or preserved, 3)the number of replacement or credited trees required as determined by removal or preservation. 3) The landscape plan must include the calculations for tree removal and replacement,as determined by the tree survey. These additional trees cannot be added as part of the parkway trees,but must be included in future green space, park land, and as additional buffers. 4) Trees that have been surveyed but are not located on the subject property shall not be included as part of this calculation. 5) Trees that are to be removed shall be clearly marked on both the tree survey plan and the landscape plan. 6) Include the proposed grading plan showing the surveyed tree locations to determine the location of silt fence and protection barriers for the preserved tree areas and individual trees. 7) The tree survey shall be incorporated into the landscape plan as the survey directly affects the tree locations and planting plan. 8) The developer shall attempt to preserve trees on individual lots as part of the tree preservation plan,not just those in the designated"woodland preservation areas." 0 c1 p. Reviewed By: Agenda Item Number J $ A% Legal ❑ EST less Finance ❑ Z' Engineer ❑ Tracking Number (0 City Administrator ❑ Consultant ❑ ��, Human Resources ZBA 2006-99 It.E ❑ City Council Agenda Item Summary Memo Title: Pearl Vision Sign Variance City Council/COW Agenda Date: March 20,2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report and memo. United City of Yorkville County Seat of Kendall County EST 1 1836 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 -p ?O Fax: 630-553-7575 <LE Website: www.vorkville.il.us TO: Travis Miller March 15,2007 FROM: Anna B. Kurtzman,AICP SUBJECT: ZBA 2006-99 Pearl Vision Sign Variance Dr.Randall Burggraf,owner of the Pearl Vision office that is going in at 620 W Veterans Parkway, has applied for a sign variance to allow a sign to face eastward(it would not front a street or major driveway). On February 7,2007 the Zoning Board of Appeals (ZBA) conducted a public hearing to consider the merits of the request. The ZBA determined that there was adequate area on the building and on the property for signage and therefore this additional signage is not warranted. They recommended denial of the request. Since that hearing Dr. Burggraf has written a letter addressing certain points. These points include: 1. He has stated that he feels that proper procedure was not followed by allowing Mr. Ratos' to request that the requested variance be applied uniformly to the building. During the hearing it was noted that Mr. Ratos had contact with staff where it was verbally mentioned that he wanted the variance to be applied uniformly to the entire building. Mr. Ratos' statement was testimony that was entered into the record during the hearing. While some discussion did ensue regarding how this verbal request could impact signage on the building staff felt that the points being presented by other testimony and the conclusions being reached by the ZBA were pertinent to Dr. Burggraf s specific request. 2. Dr. Burggraf indicates that he was not afforded an opportunity to rebut the testimony that had been given. At the time the applicant was considering applying for a variance staff reviewed the procedures with him. This same procedure was reiterated by Mr. Davis, Chair of the ZBA, at the beginning of the hearing. This included offering to have the petitioner present their case,offer the public an opportunity to provide testimony,give the petitioner a chance to rebut any testimony provided,close the proceedings to any further testimony, ZBA deliberate and render an opinion. Mr. Davis may not have specifically asked the petitioner after testimony was given if they wanted to rebut however the petitioner was aware of the procedures and could have requested an opportunity to speak. 3. Dr.Davis notes that Stonefire Grill has a sign that matches his request. A review of records indicates that the wall signs at Stonefire Grill did not receive permits. This is being addressed. /abk c: W.Dettmer,G.Williams filename: \\Coyserver\User Folders\AKurtzman\My Documents\ZBA\620 W Vetems-Ratos\appeal3-15-07.doc 0 cl;�- United City of Yorkville - � � County Seat of Kendall County EST 1636 800 Game Farm Road I Yorkville, Illinois, 60560 4 r Telephone: 630-553-4350 � �� O Fax: 630-553-7575 �.,. o Website: www.y rkville.il.us <CE TO: Committee of the Whole February 14, 2007 FROM: Anna B. Kurtzman, AICP SUBJECT: Request for Sign Variance PC 2006-99 (ZBA) 620 W. Veterans Pkwy PUBIC HEARING: On February 7, 2007, the Zoning Board of Appeals (ZBA) conducted a public hearing to consider the merits of placing a sign along the rear of a building at 620 W Veterans Parkway. The ZBA voted 0-5 to recommend approval of PC 2006-99(ZBA). This motion failed. REQUEST: The applicant, Randall Burggraf, as a tenant,has filed an application to: 1. Allow a wall sign on a facade that is not oriented to a public street, the main parking lot of the parcel, or a major access road(Section 8-11-4C3b of the Municipal Code). The proposed sign would be located on the eastern facade, which faces an access drive, directly overlooking a pond. Although the petition is filed by Randoll Burggraf, a tenant who is leasing two tenant spaces, Mr. Jim Ratos, owner of the property,has contacted staff and has verbally indicated a desire to have this variance extended to encompass all tenant spaces. CONDITIONS: A five(5)unit commercial strip center is being constructed on this B-2 zoned with the front of the building facing west. Although this building is being constructed as a five(5)unit building there are only three tenants proposed for the initial build out(two tenants are each leasing two tenant spaces). The surrounding properties are zoned and used as indicated below: Zoning Use North Unincorporated Undevelo ed South R-2 Detached Single-fami Residences East Unincorporated Pond with detached single-family residence West B-2 Retail stri center Committee of the Whole PC2006-99ZBA February 14, 2007 Page 2 of 2 FINDINGS OF FACT: According to Section T: 11F of the Municipal Code,the Zoning Board of Appeals is to consider five(5) aspects of the petition before rendering a recommendation. These five areas are: 1. consider any unique physical property of the land involved, The ZBA indicated that they felt the condition for needing signage along the eastern face of the building was created by the builder in terms of how the property was laid out(with the building facing west as opposed to facing north as other buildings in this development). In laying out the building orientation it appears that the developer/builder did not take into consideration the need for signage. 2. the available locations for adequate signing on the property, The ZBA stated that because signage can be provided along the north and west faces of the building and because a monument sign can be provided there is adequate area for signage on this property. 3. the effect of the proposed sign on pedestrian and motor traffic, The proposed sign, being a wall sign will not impact pedestrian traffic. 4. the cost to the applicant of complying with this chapter as opposed to the detriment,if any, to the public from the granting of the variance, and The ZBA determined that this aspect is not applicable to this case. 5. general intent of this chapter. The ZBA stated that they felt the variance request does not meet the general intent of the signage code. NEXT STEPS: The ZBA motion to accept the variance request failed,which is effectively a recommendation to deny the requested variance. The City Council can: 1. vote to accept the variance as applied for(this would allow signage for Pearle Vision on the east side of the building), 2. vote to accept the variance as modified by the owner of the property(allowing signage for all tenant spaces—there are 5 tenant spaces—along the east side of the building), 3, vote to accept either the variance as applied for or as modified by the owner of the property and add conditions, or 4. vote to deny the requested variance. /abk C: T.Miller,W.Dettmer Filename: CADocuments and Settings\Anna Kurtzman\My Documents\Yorkville\1-17-07staffreport.doc STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No.2007- ORDINANCE APPROVING VARIANCE FOR SIGNAGE FOR THE PEARL VISION BUSINESS LOCATED AT 620 VETERANS PARKWAY WHEREAS,Randall Burggraf("Petitioner") filed ZBA Petition 2006-99 requesting a variance for a wall sign on the fagade of the building as described in detail in the Petition which is incorporated by reference herein.; and WHEREAS,the Zoning Board of Appeals of the United City of Yorkville held a public hearing with regard to said Petition, and WHEREAS,the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variances sought, and WHEREAS,the Zoning Board of Appeals recommended to the City Council that it deny of the request of the petitioner of said requested variance to Section 8-11-40b of the City Code concerning signage to the City Council; and WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considering the public comment presented at the public hearing and have determined that the requested variance is appropriate under the circumstances presented by the Petitioner; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting,the following a Variance is hereby granted from the United City of Yorkville Code, Title 8, Building, Chapter 11, Signs, Section 8-11-43b regarding wall signs for the property as more fully described in Petition 2006-99 which is by this reference incorporated herein: 1. To allow a wall sign as depicted in the application on the east side of the building, overlooking an access drive and a pond. No further variance is granted. The variance granted herein is contingent upon the adherence to the details depicted in Petition 2006-99. No other variance from the City Code for design,plan or specifications for said structure is permitted by this Ordinance. IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2007 by the City Council of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of ,A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 D CO. Reviewed By: Agenda Item Number 0�+ Legal ❑ �C �� esr isss Finance ❑ - Engineer ❑ City Administrator ❑ Tracking Number Consultant ❑ rJ( � �y-�� r-M El Human Resources I W City Council Agenda Item Summary Memo Title: EEI—ComEd Trail Design Contract City Council/COW Agenda Date: March 20,2007 Synopsis: Request for approval of contract with EEI to prepare Preliminary Design for a multi-use trail along the ComEd property between Van Emmon and Route 71. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approve authorization to staff to enter into contract with EEI for design engineering services subject to funding. Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Funds are currently available in the Community Development Department budget for Part I of the proposal($36,030) Part II is currently not funded. Staff anticipates applying for grant dollars to assist with this part of the contract($43,650). 52 Wheeler Road •Sugar Grove, IL 60554 TEL-6301466-9350 FAX:630 1466-9380 www.eelwob.com Engineering Enterprises, Inc. March 8, 2007 Mr. Travis Miller Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Professional Engineering Services for Commonwealth Edison Shared-Use Path United City of Yorkville, Kendall County, IL Dear Mr. Miller: This letter is written to submit our proposal to provide professional engineering services for the proposed shared-use path within the Commonwealth Edison (ComEd) R.O.W. beginning at Van Emmon Road and continuing southerly 9,250 linear feet to the proposed southern project limits within the Country Hills and Raintree Village subdivisions. BACKGROUND In an effort to continually improve the existing non-motorized traffic within its corporate limits, the City has proposed a shared-use path beginning at Van Emmon Road and continuing southerly approximately 9,250 linear feet to the Country Hills and Raintree Village subdivisions. This path will utilize an existing Commonwealth Edison (ComEd) R.O.W. in order to enhance north-south pedestrian and bicycle movements within the City. This engineering services proposal has been developed to address this design in two parts. Engineering services for Part I will be further divided to address two distinct portions of the preliminary engineering. Part IA will provide for the preliminary engineering and analysis for the entire length of the shared-use path. This stage of the design will allow for preliminary investigations and the identification of key geographic features, resulting in the selection of the recommended layout for the shared-use path. Part IB will commence after the completion of the preliminary engineering and will provide for permitting and the development of final plans and specifications for the shared-use path at the intersections with Illinois Routes 126 and 71. Each intersection analysis and plans would consist of approximately 100 linear feet of shared-use path on each side of both Route 126 and 71. Upon acceptance and approval by iDOT and ComEd, the plans and specifications as developed in Part I would ultimately be incorporated into the overall shared-use path plans as developed and finalized in Part II. Consulting Engineers Specializing In Civil Engineering and Land Surveying Mr. Travis Miller March 8, 2007 Page 2 of 7 Part II Engineering services would commence as soon as practical and as directed by the City after receiving final approval and permits from both ComEd and IDOT. This part of the engineering would consist of both preliminary and final engineering for the remaining sections of shared-use path to complete the design from the northerly limits at Van Emmon Road south to the Country Hills and Raintree Village subdivisions. The design at the State Routes would not be duplicated, however the design as previously completed at these locations would be incorporated into the final plan set to allow for one complete set of plans and specifications to be utilized during the bidding and construction phases of this project. Final plan development will be in accordance with all of the requirements as set forth by the United City of Yorkville, IDOT, ComEd and any other affected parties with jurisdictional control over any areas within the proposed project limits. SCOPE OF SERVICES—PART I —INTERSECTION DESIGNS We propose to furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to produce a set of plans and specifications for the intersections of the shared-use path at Illinois Routes 126 and 71 and provide preliminary engineering services for the remaining sections of the share-use path outside the limits of the two proposed highway intersections. In addition, EEI will assist in the coordination with ComEd and IDOT to facilitate the final approval and permitting of the project. A listing of the activities and items to be covered and/or provided is as follows: Part IA—Shared-Use Path Preliminary Encgineerina 1. Initial Data Collection Confirm existing R.O.W. and easement documents Gather City data regarding pedestrian and bicycle facility construction Utilize aerial photography and existing topographic survey (as provided by the City resulting from previous projects within the ComEd R.O.W.)to determine potential areas of concern along the proposed path route (i.e., streams, unusual topography, adjacent subdivisions, existing pedestrian and bicycle facilities, etc.)within the intersection project as previously defined Determine extent and limits of the required survey for the preparation of Part I documents including plans, specifications and exhibits 2. Preliminary Engineering - Develop horizontal alignment utilizing existing aerial imagery and base maps - Develop suggested cross section - Determine potential options and areas of potential cost savings, as necessary - Prepare general cost estimates for budgeting purposes 3. Prepare Summary Document Present preliminary findings Prepare and present exhibits Cross sections Mr. Travis Miller March 8, 2007 Page 3 of 7 Cost estimates Horizontal alignment Floodplain and wetland map summary Potential traffic control measures Summarize final recommendations for Part II design Part 1 B—Intersection Designs 1. Topographic Survey at Proposed Crossings of IL Routes 126 and 71 - Gather sufficient topographic data to develop documents and exhibits for improvements adjacent to and within the State R.O.W. 2. Preliminary Intersection Evaluation - Identify and evaluate the existing safety issues and deficiencies at each crossing - Analyze sight distance restrictions - Determine necessary safety improvements consistent with State and City requirements - Identify potential traffic control measures 3. Prepare Plans and Specifications for Intersection Improvements Produce plans consistent with past submittals to City, including but not limited to: - Plan and profile sheets - Typical sections - Cross sections at intervals consistent with IDOT requirements - Material specifications - Drainage improvements - Pavement markings - Path and roadway signage - Landscaping improvements - Handicap accessibility compliance - Erosion control - Identify required utility relocations - Summary of quantities and engineer's estimate of probable construction cost - Traffic control requirements - Path and roadway lighting - Design data and criteria - Narrative on any design issues and variances 6. Permitting- Apply for and coordinate permits, as required, including: ComEd IDOT 7. Submittal to City and IDOT Summarize [DOT and ComEd requirements Provide a minimum of five sets of completed Plans and Specifications Mr. Travis Miller March 8, 2007 Page 4 of 7 SCOPE OF SERVICES—PART II—Shared-Use Path Des[gn After final concurrence and permit approval from ComEd and [DOT, EEI will perform the following tasks, per the direction of the City: 1. Additional Topographic Survey of Project Limits Gather field additional data to supplement the survey information from Part I as necessary to facilitate the production of a detailed set of construction plans and specifications Determine impact on drainage Determine grade restrictions 2. Review of Preliminary Engineering Revise preliminary engineering exhibits with updated topographic information Confirm alignment selection Receive City approval for final alignment 3. Prepare Detailed Plans. Specifications and Cost Estimate Produce plans consistent with past submittals to City, including but not limited to: - Plan and profile.sheets - Typical sections - Cross sections - Material specifications - Drainage improvements - Pavement markings - Path and roadway signage - Landscaping improvements - Handicap accessibility compliance - Erosion control - Restoration - Stormwater pollution prevention plan - Identify required utility relocations - Summary of quantities and engineer's estimate of probable construction cost - Estimate of number of working days required to complete construction - Traffic control requirements - Path and roadway lighting 4. Submittal Schedule and Meetings - Submit 75% and 100% plans and specifications for City Staff review - Attend meetings with Staff as necessary to coordinate the necessary improvements - Attend Council Meetings as necessary to present the proposed improvements to the City - Attend at least one meeting with adjacent property owners to describe the improvements and offer an opportunity for the public to comment on the proposed improvements - Provide a minimum of five sets of completed Plans and Specifications Mr. Travis Miller March 8, 2007 Page 5of7 5. Permitting Apply for and coordinate any additional permits as required and not obtained during Part I from the following agencies: - NPDES Construction Permit Applicable City stormwater management permits PERSONNEL AND PROJECTS We believe that we are uniquely qualified to perform the proposed work for the United City of Yorkville. Mr. Ronald Naylor, P.E., Senior Project Manager and Mr. Jason Bauer, P.E., Senior Project Engineer will be the principal members of the firm to perform and direct the work. These individuals have extensive practical experience and academic training related to Street and Highway systems and non- vehicular transportation facilities. FEES AND CONDITIONS Per the direction of the City, these engineering services have been outlined for two parts. The proposed fee for the above-described scope of services for Part I will be a Lump Sum price of $36,030.00. The proposed fee for the above-described scope of services for Part II will be a Lump Sum price of$43,650.00. Payment for all work performed will be based on invoices submitted periodically by our firm, but not more frequently than monthly, as the work progresses and will be payable by the City within 30 days of the date of invoice. Additional assignments not described above, including but not limited to coordination with grant and/or financial consultants, GIS Mapping, preparation of easement documents, soil borings, wetland delineation, permitting and mitigation, environmental assessment, coordination with IDNR and FEMA, etc. will be performed at an hourly rate for the various classifications of employees who will perform the work as listed on the attached Standard Schedule of Charges date January 1, 2005 (on May 1 of each calendar year the "Standard Schedule of Charges" may be re-evaluated by the Engineer to account for cost of living and/or cost of engineering service changes in subsequent years) or at an agreed upon Lump Sum price, as determined prior to commencing such activities. All such extra work will be performed only in accordance with authorization by the City. This proposal shall be in effect for a period of thirty (30) days from this date. If this proposal is not accepted within that period of time, we reserve the right to withdraw or revise this proposal. This proposal specifically provides for the right to use existing maps, plans, records and computer analysis as an agent of the City. ACCEPTANCE If selected for this project, we will give our full attention to the project in order to provide results as soon as practical, consistent with performance of our services, and dependent on response by state agencies and suppliers, meetings with other agencies and any other considerations. Mr. Travis Miller March 8, 2007 Page 6 of 7 If the Program Background, Scope of Services (Part I and Part II), Personnel, Fees and Conditions as listed above are satisfactory, please indicate your acceptance by signing both of the enclosed proposals and returning one of them to us for our records which will serve as our Agreement for Professional Engineering Services. We look forward to working with and for you on this project. Very truly yours, ENGINEERING ENTERPRISES, INC. 0 Jeffrey W. reeman, P.E. Vice President JWF/JMB/art Enclosures AGREEMENT All terms and conditions to this Agreement for Professional Services accepted this day of , 2007. By By UNITED CITY OF YORKVILLE Organization 800 Game Farm Road Address Yorkville IL 605560 City State Zip Accepted this day of /VA-(1,--N , 2007 ENGINEERING ENTERPRISES, INC. Organization 52 Wheeler Road (corporate seal) Address Sugar Grove IL 60554 ��````�G",��t11111,QA k/� EN7'E �, City State Zip ' ivy+/ 1842003 �t� By ( / PROFESSIONAL N �u� y DESIGN j Z Vice President V/* �., *` L INO�`' B G uunnl�ua��```` Y Secretary GAPublic\YorkviIIe120071Y00703 ComEd Recreational Trail\Doc1LUC0Y01.doc Summary of Estimated Level of Effort Commonwealth Edison Shared-Use Path Part 1-Preliminary Design and Intersection Design DATE: 2/26/07 United City of Yorkville,Kendall County,IL ENTERED BY: JM81 February 28,2007 iy 04 A 'Gir. M: WT R Nb'j.,W.6 lAwl Dala(Utilily information Collection Review 4 2 6 $540 1 Ae2 Preliminary Alignment and Layout 2 16 8 8 34 $3,30 IA-3 11'reliminary Exhibits 1 2 a 8 12 31 $2,958 1A-4 lCost Estimates and Summary Doe. 2 16 a 4 30 $2,96 1A-5 IMeetin-qs&Coordination 6 12 12 32 $3.640 18-1 Toocuraphic Survev 4 4 48_ 66 $4,41 1 B-2 Stormwater/DrainageAVelland 4 4 4 12 $1.236 "n H-le- "Do. r A-5 '_I 1 B-2 An's I B-_3 Intersection DeSIQn-IL 126 4 20 1 20 45 $4,338 1 B-4 Intersection Design-IL 71 4 20 20 44 $4.2241 1B-5 Meet'nits&Coordination a a 8 1 24 $2,92 18-6 Permitting 2 8 1 10 $1,06 1EI-7 Project Administration 16 8 2 26 $3,42 0 $0 MAN-HOUR TOTAL:j 33 44 4 Its 28 1 0 64 4 4 0 48 2 217 $36,280 ntSMZD -E,..A$ Principal Engineer E-3 33 hours 0 $138 Der hour $4.557 Printing- $500 Senior Project Manager E-2 44 hours 0 $126 Der hour= MEj Supplies and Misc.- $250 Project Manager E-1 hours @ $114 per hour= $912 Computer= $0 Senior Project Enginee(/Suiveyor P-5 122 hours @ $102 per hour= $12,444 Transportation= $0 Project Engineer/Surveyor P-4 28 hours 0 $93 per hour= $2,804 Senior Engineer/Surveyor P-3 0 hours @ $84 per hour= $0 DIRECT EXPENSES= $7501 Engineer/Surveyor P-2 0 hours @ $75 per hour $0 Associate Engineer/Surveyor P-1 0 hours @ $66 per hour= $0 CAD Manager E-1 1 hours @ $114 per hour=1 $114 Senior Promect Technician T-5 0 hours 0 $93 per hour= so Engineerinq= $25.194 Project Technician T-4 64 hours 0 $84 per hour $5,376 -Draffing. $5,490 Senior Technician T-3 40 hours 0 $75 er hour= $3,600 SurveyinQ Technician T-2 0 hours @ $66 per hour. $0 Administrative= $132 Associate Technician T-1 0 hours 0 $57 per hour= $0- TOTAL LABOR EXPENSES= $35,266 Secretary A-3 L hours a $66 per hour $132 HOURLY TOTAL= 360 TOTAL EEI LABOR= $35,280 TOTAL CONTRACT COSTS.. $36,U3-01 ENGINEERING ENTERPRISES,INC. G.Wubk%Y*A4W0MYO0?03 ComEd AwreaWnal I'mWmMlee zV mryjhIPsA I SUGAR GROVE.IL Summary of Estimated Level of Effort Commonwealth Edison Shared-Use Path Part 11-Final Design DATE: 2/26107 United City of Yorkville,Kendall County,IL EnrrERED BY: dMB ...rr«...r«r February 28,2007 Me. •. � �. .k � .�� r r. r� .r;� 1p� ^z�s,i•".' '�. a .. .rs,, ,;t��r'' ;tt;... t•.. <;�.'tv:' U WORK s 1 1 'PRI z861ppIF1f i NO;.VRORK 2.1 Topographic Survey 2 2 4 4 56 68 $11.640 2.2 Preliminary Flood lain and Wetland Analysis 2 4 4 4 2 16 $1,718 2.3 Pre eration of 75%Plans and Specifications 2 2 40 4 2 32 2 84 $8,484 2.4 jPreparation of 100%Plans and Specifications 1 2 2 32 2 32 2 73 $7.368 2.5 QC/OA 2 4 2 8 16 $1,92 2.6 Permitfinu 2 2 2 16 4 4 2 32 $3,42 0 2.7 Meetin s 8 12 16 36 $4,46 2.8 Coordination ComEd 1007 ahers 8 a $864 2.9 Pro ct Administration 8 12 4 24 $3,02 0 $ 0 0 $ 0 0 $ MAN-HOUR TOTAL: 21 38 12 126 12 4 0 68 4 4 0 56 0 0 12 357 $42,900 ka �";•. •.b..%� ii rr* •E tS:GF{ I4t+E'i�B:Qf~'R1�;1�&;�s`-:,�a't :•ai:::c-r au�rr,:S;.k az x.1! 1. �"�- ";�?: `uF: �". Principal Engineer E-3 21 hours ® 144 per hour= 13,024 Printing= $500 Senior Prolect Manager E-2 38 hours ® 132 per hour= 5,016 Su Iles and Misc._ $250 Project Mana er E-1 16 hours 0 $120 per hour. $1,920 computer- $0 Senior Project En ineer/Surve or P-5 130 hours ® 108 per hour. $14,040 Transportation= $0 Project Engineer/Surveyor P-4 12 hours 0 $99 perhour. $1,188 Senior Engineer/Surveyor P-3 0 hours 0 $90 perhour. SO DIRECT EXPENSES., $750 En ineer/Surve or P•2 0 hours 1 0 $81 Gar hour= $0 Associate Engineer/Surveyor P-1 0 hours 0 $72 per hour= $0 CAD Manager E-1 4 hours 0 $120 per hour= $480 Senior Pr ct Technician T-5 0 hours 0 $99 er hour= $0 En inserin = $24,27 Project Technician T-4 68 hours 0 $9 r hour= $6.120 Draltin = 8,800 Senior Technician T-3 0 hours 0 $81 rhour= so Surveyino $11,160 Technician T-2 0 hours 0 $72 r hour. so Administrative= $064 Associate Technician T-1 0 hours 0 $63 per hour= so TOTAL LABOR EXPENSES s $42,900 Secretary A-3 12 hours 0 $72 per hour= $864 One Man Field Crew with Standard Equipment WA 0 hours 0 $120 perhour= $0 Two Man Field Crew with Standard Equipment WA 66 hours 0 $183 per hour= $10,248 TOTAL CONTRACT COSTS= $43,650 One Men Surve Crew w/Rabotic Total Station N/A 0 hours 0 $160 r hour= $0 wo Man Surve Crew w/Robotic Total Station N/A 0 hours 0 $213 per hour= $0 HOURLY TOTAL= 357 TOTAL EEI LABOR= $42900 G.VWMVoikWk%MAV00M ComEd Rwrwlpd Tr aawVes mm4.m,wsrMx ENGS1EERwG ENrERPr 91 INC. SUGAR GROVE,IL 52 Wheeler Road •Sugar Grove, IL 60554 TEL:630/466.9350 STANDARD SCHEDULE OF CHARGES FAX,630 1466-9380 www.eelwob.com January 1, 2005 Engineering Enterprises, Ina. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $138.00 Senior Project Manager E-2 $126.00 Project Manager E-1 $114.00 Senior Project Engineer/Surveyor P-5 $102.00 Project Engineer/Surveyor P-4 $ 93.00 Senior Engineer/Surveyor P-3 $ 84.00 Engineer/Surveyor P-2 $ 75.00 Associate Engineer/Surveyor P-1 $ 66.00 Senior Project Technician T-5 $ 93.00 Project Technician T-4 $ 84.00 Senior Technician T-3 $ 75.00 Technician T-2 $ 66.00 Associate Technician T-1 $ 57.00 Secretary A-3 $ 66.00 VEHICLES, EQUIPMENT AND REPROGRAPHICS Vehicle for Construction Observation VEH $ 10.00 Global Positioning System Equipment GPS $25.00 Scanning($1.50 per Sheet) SCA N/A Reproduction ($1.50 per Sheet) REP N/A G:\EEI\Docs\Forms\GeneraRSSC-Std Schedule of Charges\STADS01 05.DOC Consulting Engineers Specializing in Civil Engineering and Land Surveying Cl".� United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 SCE Date: March 14,2007 To: Travis Miller From: Laura Haake CC: Scott Sleezer, Dave Mogle Subject: ComEd Recreational Lease Application Update Staff has begun the process of requesting a recreational lease from ComEd to construct an asphalt trail on their property from Van Emmon Road south to an existing trail in the Raintree Subdivision(see Attachment A),which then continues to Route 47. On February 5,2007,a letter was received from IDOT with both questions and information regarding our request for a recreational lease on the Commonwealth Edison (ComEd)property from Van Emmon south, crossing both Route 126 and Route 71, reaching Route 47 and paralleling this road until the City limits. The letter informed the City that IDOT already had obtained permission to use a majority of the ComEd right-of-way that parallels Route 47 for future widening. Immediate steps were taken to include the trail in the developments that parallel Route 47 due to the limited space remaining on the ComEd property. IDOT has requested plans detailing the proposed intersection crossings at both Route 126 and Route 71. At this time, Staff is seeking permission from IDOT to cross at grade (street level.)Future plans(traffic use,roadway improvement schedules, etc.) could dictate the necessity for a pedestrian bridge or underpass. To provide adequate plans for construction,IDOT,and future grant applications, Staff asked for a project proposal from Engineering Enterprises,Inc. The proposal is broken into three sections; 1)path preliminary engineering plans,2) intersection engineering to provide plans for IDOT, 3) construction documents. The request did include phasing the engineering work due to a specific chain of approvals that must occur for this project to move forward. The scope of work will include intersection crossings,warning lights, stream crossings,grading,trail details,etc. At this time we are still waiting for a response from ComEd on the availability of their property for a recreational lease. I spoke with Mary LaBoske on March 8t'and at that time she had not begun the review process. She was going to look at it and verbally comment on the feasibility of the project. To this date I have not received any new information from her. The plan of action is as follows: 1)Hire an engineering firm to complete the work in for initial trail engineering cost estimates as indicated in contract(necessary for grant submittals and budgeting) -Prepare preliminary engineering plans for the entire route -Prepare preliminary engineering plans for Routes 126 and 71 intersections 2) Receive permission from ComEd to construct a trail 3)Use preliminary engineering plans for Routes 126 and 71 intersections to receive permission from IDOT to cross both roads 4)Apply for grants to help fund project 6)Complete final engineering for entire project 7)Construct trail � . � - e- .A,,,• � _ e z i I { PROPOSED 50'WIDE RECREATIONAL LEASE EXISTING TRAIL CONNECTION TO RTE.47 :ti ,. M -` O S 1� ��//1. ,; ��XISTING COMED STATION(OT IN LEASE) O . �/// t ku Q TRA L s ,,� -ice u—� � --�--—'-------�--— PROPOSED RECREATIONAL LEASE LEGEND "Oil EXISTING TRAIL ® FUTURE TRAIL PROPOSED LEASE NOT TO SCALE ATTACHMENT A C/ry0 Reviewed By: Agenda Item Number .1% Legal ❑ EST. 1838 Finance ❑ Engineer ❑ City Administrator ❑ Tracking Number Consultant ❑ r . Human Resources ❑ City Council Agenda Item Summary Memo Title: Visitability Code Discussion City Council/COW Agenda Date: March 20,2007 Synopsis: Public Hearing for Annexation Agreement and Re-Zoning to B-3 Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report and supplemental information cIr�, ' United Ci ty of Yorkville Memo 8 0 ? � 0G ame Farm Road I MR Yorkville, Illinois 60560 ` Telephone: 630-553-8545 o` Fax: 630-553-3436 Date:March 15,2007 To: EDC/COW From:Travis Miller, Community Development Director Cc: Lisa Pickering,Deputy Clerk Subject: Model Visitability Code Comments and Recommendations Following the presentations made during the February 27,2007 City Council meeting and review of the research and model codes provided by Alderwoman Spears,staff has Prepared the following recommendations: • Schedule a meeting with the local residential contractors and developers to discuss the proposed ordinance and gather their input on each of the modifications prior to adopting any new codes. Staff would facilitate this discussion and attempt to educate the building community on the issue,gain support for the code modifications, and report their input to City Council prior to final code adoption. • Staff has reviewed both the Naperville and the Bolingbrook codes and feels the Bolingbrook is the preferred model finding it to be clearer and to follow proper code terminology that will assist in the application of the code. • To apply the code to single family dwelling units only. Multi-family units and commercial structures are currently required to comply with the Illinois Accessibility Code and the International Building Code Chapter 11 which address accessibility design for these structure types. Attached please find the following information: - March 8,2007 memo from Bill Dettmer,Code Official summarizing his recommendation; - Visitability Code currently used by the Village of Bolingbrook; - October 2003 memo from Bolingbrook Building Commissioner outlining Bolingbrook's process of creating and approving their code; - International Building Code Chapter 11—currently used by Yorkville when regulating multi-family and commercial structures. 1 X11 C/r. J�. °� United City of Yorkville Memo 800 Game Farm. Road EST -� 1838 Yorkville, Illinois 60560 Telephone: 630-553-4350 gyp`` Fax: 630-553-7575 <CE Department of Building Safety And Zoning Date: March 8, 2007 To: Travis Miller, Community Development Director �.y,C From: William A. Dettmer", 'v ode Official Subject: Model Visitability Code CC: John Crois, City Administrator Charles Wunder,Urban Planner Gary R. Williams, Assistant Code Official In response to your memo in which you requested I review the recommendation of the Single Family Visitability Code, the Multifamily Dwelling Accessibility Structure Code and the Commercial Barrier-Free Accessibility Ordinance, I offer you the following: 1. Single Family Dwelling Visitability Code _ My recommendation is that we get a meeting set up with residential contractors and developers. In reviewing the code, I have had the opportunity to look at the Bolingbrook Ordinance and, if Yorkville decides to make this type of regulation, I suggest that we use the Bolingbrook Ordinance. It is clearer, follows good code terminology and shows designs for foundations, which would assist in application of the code. I find the Naperville Ordinance does not follow good code enforcement language and in some areas I find it difficult to understand why they had made certain recommendations. In my opinion, the items that they are asking to change are relatively inexpensive. The total expense would be approximately $2500 to $3000. We would get a better cost idea when we meet with the contractors and developers. (I have taken the liberty to attach the Bolingbrook Ordinance to this Memo.) 1 2. Multifamily Dwelling Accessibility Structure Code — In reviewing this particular recommendation, I believe the Illinois Accessibility Code and the International Building Code, Chapter 11 would meet the requirements they are looking for. I do not have a copy of the Fair Housing Act or the Human Rights Act referred to. I would appreciate it if we could get copies of these to review since these codes appear to be following the above-mentioned acts. Accessibility Codes in our State and our Nation have been based on Al 17.1. This particular standard is the basis upon which we apply when issuing permits. (I have taken the liberty to attach a copy of Chapter I 1 of the Code) 3. Commercial Sites Barrier-Free Accessibility—In reviewing this particular document, we already require commercial development to meet the Illinois Accessibility Code and the International Building Code, Chapter 11. Both are designed to meet the Al 17.1 standards. There are several items which are not required. In particular, eight foot wide sidewalks. If we wish to amend our present codes to accomplish this we could. In one area it talks about a surface being nearly flat. I do not know what"nearly flat" is. A slight pitch would be desired so it drains. A flat surface does not drain. Throughout this code, they talk about "should". Enforcement deals with shall. Should does not mean they would be required to do it, in my opinion. Finally, accessibility is not only for wheelchairs, but must deal with other disabilities such as blindness, hearing loss and obesity for example. Whatever code we decide to use in Yorkville, we must make sure it covers all scopes of needs for the disabled. I truly believe the Illinois State Accessibility Code and the International Building Code, Chapter 11 approaches these needs very reasonably to assist those needs. I further believe that it is very important to reach out to those in need but we must not rule out the needs of others. 2 i i i PUBLISHED IN PAMPHLET FROM THE FOLLOWING: ORDINANCE NO. 03-069 TITLED: AMENDING CHAPTER 25 OF THE MUNICIPAL CODE TO ADD A NEW ARTICLE 9 THERETO (VISITABILITY CODE) CAROL S. PENNING, CMC VILLAGE CLERK VILLAGE OF BOLINGBROOK STATE OF ILLINOIS) COUNTIES OF WILL) SS AND DU PAGE ) I, Carol S. Penning, certify that 1 am the duly elected and acting Village Clerk of the Village of Bolingbrook,Will and DuPage Counties, Illinois. I further certify that on June 24, 2003, the Corporate Authorities of such municipality passed and approved Ordinance No. ©3-69 entitled: AMENDING CHAPTER 25 OF THE MUNICIPAL CODE TO ADD A NEW ARTICLE 9 THERETO(VISITABILITY CODE) which provided by its terms that it should be.pubfshed in pamphlet form. The pamphlet€orm.of Ordinance No. 03-69 including the Ordinance and a cover sheet thereof, was prepared on June 25, 2003. Copies of such Ordinance are available for publio inspection upon rcqucst in the office of the Village Clerk. DATED at Bolingbrook, Illinois, this 24th day of June, 2003. :r Carol S. Penning, VILLAGE CLERK to Section 25-911. PENALTY. Any person,firm or corporation that violates any provision of this Article shall be subject to a fine of not less than$50.00 nor more than$500.00 for each such offense, and each day on which violation occurs or continues to occur shall be a separate offense. SECTION THREE: If any section, subsection, sentence, clause,phrase•or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,distinct,and independent provision,and such holding shall not affect the validity of the remaining portions hereof. SECTION FOUR: This Ordinance supersedes all policies,resolutions,ordinances or parts thereof adopted prior hereto which are in conflict herewith,.to the extent of such conflict. SECTION FIVE: This Ordinance shall take upon its passage,approval and publication in pamphlet form in the manner provided by law. PASSED THIS 241h day of June,2003. AY9S; 4-DWym, Lawlq!x,Morales, Schaaks NAYS: None ABSENT: 2-Morelli,Swinkunas APPROVED THIS 241 day of June,2003. A Y VILLAGE CLERK PUBLISHED BY THE VILLAGE CLERK,IN PAMPHLET FORM,BY AUTHORITY OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF BOLINGBROOK ON JUNE 25,2003. 11135SW4/03 -4- Ordinance No. 03-69 ORDINANCE NO, 03-69 ORDINANCE AMENDING CHAPTER 25 OF THE MUNICIPAL CODE TO ADD A NEW ARTICLE 9 THERETO (VISITABILITY CODE) WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois provides that any municipality which has a population of more than 25,000 is a home rule unit,and the Village of Bolingbrook, Will and DuPage Counties, Illinois, with a population in excess of 25,000 is,therefore,a home rule unit and;pursuant to the provisions of said Section 6(a)of Article VII, may exercise any power and perform any function pertaining to its government and affairs, including,but not limited to,the power to tax and to incur debt; and WHEREAS,the Mayor and Board ofTrustces believe and hereby declare that it is in the best interests of the Village to establish a Visitability Code,as hereinafter provided; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF BOLINGBROOK, WILL AND DU PAGE COUNTIES, ILLINOIS, IN THE EXERCISE OF ITS 14OMt RULE AND 9'1XrU 0RY POWERS, AS FOLLOWS: SECTION ONE: The recitals set forth hereinabove are hereby adopted as findings of fact as if said recitals were fully set forth within this Section One. SECTION TWO: Chapter 25 of the Municipal Code of the Village of Bolingbrook shall be and is hereby amended to add a new Article 9 thereto,which new Article 9 shall hereafter be and read as follows: -1- Ordinance No. 03-69 i ARTICLE 9—VISITABILITY CODE Section 25-901. PURPOSE. The purpose of this Article is to establish minimum regulations for the design, installation and construction of single family and attached single family homes, by providing reasonable criteria for visitability by persons with disabilities. Section 25-902. TITLE. This Article shall be known as the Visitability Code of the Village of Bolingbrook and is hereinafter referred to as the "Visitability Code" or"this Code". Section 25-903. ELECTRICAL WALL SWITCHES. In all single family and attached single family dwellings, all wall switches controlling light fixtures and fans shall be located at a height not to exceed forty eight (48) inches above finished floor. Height shall be determined by measuring from the finished floor to the center of the switch. EXCEPTIONS: This requirement does not apply where the use of special equipment dictates otherwise as required by the manufacturer.This requirement does not apply to thermostats or breaker panels. Section 25-904. ELECTRICAL WALL RECEPTACLES. In all single family and attached single family dwellings,all wall receptacles shall be located at a height not less than fifteen (15)inches above finished floor. Height shall be determined by measuring from the finished floor to the center of the receptacle. FUCEPTION: This requirement does not apply where the use of special equipment dictates otherwise as required by the manufacturer. Section 25-905. STEP FREE ENTRANCE. Every single family dwelling and attached single family dwelling shall be provided with at least one(1)step free entrance,accessible from an accessible route from a parking area or public way. This step free entrance shall be approached by a slope no greater than 1 in 12 (less steep is desirable). This entrance can be approached by a. sidewalk,a driveway,a garage floor,or other useable route. The step free entrance may be located at any entrance to the home. If the step free entrance is located in the garage,a door bell button shall be located outside the overhead garage door.In a case where a lot is so steep that it cannot be graded to a maximum slope of 1 in 12,the driveway may have to exceed a 1 in 12 slope. In this case,upon approval by the Building Commissioner,the builder may construct a 1 in 12 (or less)route leading from the driveway to the no-step entrance. In addition,the Director of Public Works and Engineering may waive any of the aforesaid entrance requirements if,within his discretion,he determines that such entrance is not feasible based on water table elevations. Section 25-906. WALL REINFORCEMENT. Bathroom walls shall be provided with wood blocking installed flush within wall framing, to support grab bars as needed. The wood -2- Ordinance No. 03-69 blocking,when measured to the center, shall be located between thirty three(33)inches and thirty six (36)inches above the finished floor. The wood blocking shall be located in all walls adjacent to a toilet, shower stall or bathtub. All bathrooms, washrooms and powder rooms shall meet all applicable requirements of this Code. Section 25-907. First Floor Washroom/Powder Room. There shall be at least one washroom/powder room,containing at least one water closet(toilet)and one lavatory(sink),on the dwelling floor located closest to grade level. This washroom/powder room shall be designed and constructed in a manner that will provide wheelchair access to both the water closet and lavatory. EXCEPTION: If a no step entrance is located at a level other than the level closest to grade, such as the lower level of a split level home, and a washroom or powder room that complies with the requirements of this Code is located on the same level as the no step entrance, a first floor washroom/powder room shall not be required. Section 25-908. WASHROOM/BATHROOM DESIGN All washrooms,bathrooms and powder rooms shall meet all applicable requirements of this Code.It is not essential(although it is recommended)to have a large turning radius inside a residential washroom,bathroom or powder room. In a small washroom,bathroom or powder room,the wheelchair user can roll in forward and roll out backward. A minimum thirty two(32)inch clear path must be provided to all fixtures and the.room must be designed in a manner that will allow the user to be able to shut the door when using the room. The bathroom, washroom or powder room door may be hinged to swing out to provide more room,if the hallway design provides the proper clearances. Section 25-909. DOORS AND HALLWAYS. All exterior and interior doors shall not he less than three (3) feet in width and six(6)feet, eight(9)inches in height, and shall provide a minimum clear opening of thirty two(32)inches. All required exit doors shall be side hinged.-The minimum width of a hallway or exit access shall not be less than forty two (42)inches, and in no event shall the width of the hallway be less than required by the 1997 Illinois Accessibility Code. EXCEPTIONS: Sliding doors,providing that a minimum thirty two(32)inch clear opening is maintained. Interior pocket doors,providing that a minimum thirty two(32)inch clear opening is maintained. Interior doors that do not require passage for access as determined by the code official,for example,doors to linen closets and pantries in which the shelves are located immediately inside the door opening. Any interior door located in a manner that when fully open,a minimum thirty two (32)inch clear opening is provided. Section 25-910. ROUTES WITHIN A DWELLING UNIT. Every single family and attached single family dwelling shall have an accessible route through the hallways and passageways of the floor level served by the step free entrance. Hallways shall not be less than forty-two (42) inches in width. All other passageways, other than doorways, shall not be less than thirty six(36) inches in width. -3- Ordinance No. 03-69 Bolin 9 roo a place to grow Roger C.Claar MEMORANDUM Mayor DATE: November 10, 1999, updated October 14,2003 TO: Edward Bannister I Carol S.Penning Village Clerk FROM: Daniel G. Buonamci,Building Commissioner,Bolingbrook,IL RE: Plan Commission Approval of Text Amendments to Building Code Regarding Visitability. The following is a stunmary of events leading to Plan Commission approval Village Trustees and ultimately Village Board approval. Leroy J.Brown Michael T.Lawler As a result of a meeting between Mayor Claar, Village staff and members of Ricardo Morales Bolingbrook's disabled community in late 1998,staff was instructed to Joseph B.Morelli conduct a survey of all single family home builders active in Bolingbrook. Patricia E.Schanks The survey was to determine the approximate cost of incorporating certain Sandra S.Swinkunas visitability features, such as a no step entrance, 32 inch clear doorways,etc, . into the construction of new single family and attached single family homes. The cost analysis showed that the average price increase per home would be $2911. (Approximately 1.5%) As a result of a request by members of Bolingbrook's disabled community and the information.generated by the cost analysis, staff was instructed to James S. Boars develop a draft of the building code text amendments. Village Attorney p g The first draft was developed in April of 1999. pGEpf 9 B A copy of the first draft was sent to all builders active in Bolingbrook, along with a notice that a public hearing re arding the building code text s - amendments will be held on June 16` , 1999. 375 W.Briarcliff Road At the June 16`h Plan Commission meeting,testimony was heard from the Bolingbrook,Illinois builders,the Home Builders Association and members of Bolingbrook's 60440-0951 disabled community. Some issues were brought up that required additional www.bolingbrook.com research and as a result the topic was continued until the August 4`h, 1999 Plan Commission meeting. (630)226-8400 FAX: (630)226-8409. TDD: (630)226-8402 a T E CM USA A Community of 65,000 During the stretch of time between June 16`h and August 4`h' 2 open meetings were held in the Community Development Department. Builders, architects, members of the disabled community and Village staff were present at both meetings. Issues were discussed and as a result of the input of all involved,a more comprehensive code text was developed. The next public hearing regarding the text amendments was continued at both the August 4`h and August 18`h Plan Commission meetings, so Village staff could revise the amendments to include additional information relative to bathroom design and lot grading. A revised draft of the code text amendments, along with additional visitability information,was presented to members of the Plan Commission during a workshop held on August 25, 1999. As a result of the Plan Commission workshop, a couple of items in the code text amendments were clarified and a final draft was produced on August 31", 1999. The final draft of the building code text amendments was presented at the September 151' 1999 Plan Commission meeting. Testimony was heard by a representative of the Home Builders Association. Upon hearing no further testimony by those present, the Plan Commission unanimously approved the final draft. From that point forward,'the Village of Bolingbrook Executive Department encouraged builders to volunteer compliance with the proposed visitability code and was very successful in getting all of the builders to comply voluntarily,with all or most criteria required by the proposed code. Seeing little or no resistance or complaints regarding the home design changes. required in the proposed visitability code,the Mayor and Village Board passed the proposed Visitability Code into law on June 24th,2003. a 0 Bol*in broo a plate to grow Roger C.Claar Mayor VISITAIMITY CRITERIA • One No-Step Entrance Into the Home—leading from the driveway or public Carol S.Penning way to an entrance with a minimum 32-inch clear opening. Village Clerk One Bathroom on Same Level as No-Step Entrance—with a minimum 32- inch clear doorway and path to fixtures. Must be able to pull in and shut door. • Bathroom Wall Reinforcement for Grab-Bars—bathroom walls to have wood blocking in place to support grab bars as needed. Village Trustees . All Exterior and Interior Doors shall be 3-Feet in Width—doors shall Michael Leroy Brown provide a minimum 32-inch clear opening. T,Lawler Ricardo Morales . Minimum 42-Inch Wide Hallways and Passageways—when located on the Joseph B.Morelli same level as the no-step entrance. Gretchen Schroeter Sandra S.Swlnkunas . Electrical Wall Outlets/Receptacles shall be 15-Inches Above Finished Floor—(minimum)when measured from the finished floor to center of the outlet. • Wall Switches Controlling Light Fixtures and Fans shall be 48-Inches Above Finished Floor—(maximum)when measured from finished floor to center of switch. James S.Boan Chief of Staff For additional information,please contact the Bolingbrook Building&Inspections Division at 630-226-8470. Q BO ri i r 375 W.Briarcliff Road Bolingbrook,Illinois 60440-0951 (630)226-8400 FAX: (630)226-8409 TDD: (630)226-8402 • C,'-a. .e co,a e.n.Frw.a,m.m ' TM QTY USA A Community of 56,416 The first floor rim joist is set-in the interior of the foundation (like a reverse brick ledge). This drops the floor elevation 8 to 10 inches, while maintaining the required clearance from grade to top of foundation. This also provides for a shorter ramp to the no-step entrance: The plan details show this design with both brick and siding as exterior finishes. The siding detail shows the sill plates are anchored to the foundation at both the top of foundation and the in-set ledge. The brick detail shores the sill plate is anchored to the foundation at the in-set ledge only. PLATE(2 x b) TYP.FLOOR COW, t ST FLOOR ATT MAUL 0 EL x 00-0' lR-I9) 2x HEADER GF2ADE � . E LEDGE ^I! I I=III!I-- �•(-Jm'-g V4' _ T•(p SILL PLATE DETAIL '�ll�lull=lull 5' S' TYP. fL.00R p�cK COW. 2xIO FLOOR JOISTS w/3/4'TIG PLIVOOD. SUS-FLOOR GLUED t MAILED.SEE FLOOR PLANS FOR SPAN t SPACM IX3 CROSS R'G SRIDGW,OR APPROVED tltL NOT OVER 1'-0,OG- F'RaVIDE PROVIDE 114'WDERLAYMENT a TILED AREAS- 12 k�A l� S�c'CioN i=iR6T FLOOR SCALE: ti, SEWCE UTALK TYP.VENEER WALL Ca*T. MAX PITCH TO DRIVE 1:12 Tyr.FLOOR C2115T- T/FIRST FLOOR T/po&DATIGN T/BRICK LEDGE 2x HEADER EL • (-,�9'-2' as :fl GRADE T/LEDGE � 1 I =I (I GATT IL III_Ill 5EcTi0 r �l SCALE: t' I CHAPTER 11 ACCESSIBILITY storage spaces to customers for the purpose of storing and re- SECTION CTION GENERAL 1 1 101 moving personal property on a self-service basis. SERVICE ENTRANCE.An entrance intended primarily for 1101.1 Scope.The provisions of this chapter shall control the delivery of goods or services. design and construction of facilities for accessibility to physi- SITE.A parcel of land bounded by a property line or a desig- cally disabled persons. , p 1101.2 Design.Buildings and facilities shall be designed and Hated portion or a public right-of-way. constructed to be accessible in accordance with this code and SLEEPING ACCOMMODATIONS.Rooms in which peo- ICC A117.1. ple sleep,such as dormitory and hotel or motel guestrooms or suites. TECHNICALLY INFEASIBLE.An alteration of a building SECTION 1102 or a facility that has little likelihood of being accomplished be- DEFINITIONS cause the existing structural conditions require the removal or 1102.1 Definitions. The following words and terms shall,for alteration of a load-bearing member that is an essential part of the purposes of this chapter and as used elsewhere in the code, the structural frame,or because other existing physical or site have the following meanings: constraints prohibit modification or addition of elements, ACCESSIBLE.A site,building,facility, or portion thereof, spaces,or features that are in full and strict compliance with the that complies with this chapter. minimum requirements for new construction and which are necessary to provide accessibility. ACCESSIBLE ROUTE. A continuous, unobstructed path W HEELCEAIR SPACE.A space for a single wheelchair and that complies with this chapter. its occupant. CIRCULATION PATIi.An exterior or interior way of pas- WHEELCHAIR SPACE CLUSTER. Locations of two or sage from one place to another for pedestrians. more adjacent wheelchair spaces along with companion seat DETECTABLE WARNING.A standardized surface feature ing in assembly areas. built in or applied to walking surfaces or other elements to warn visually impaired persons of hazards on a circulation path. DWELLING UNIT, GROUND FLOOR. A dwelling unit SECTION 1103 with a primary entrance and habitable space at grade. SCOPING REQUIREMENTS DWELLING UNIT,MULTISTORY. A dwelling unit with 1103.1 Where required.Buildings and structures,temporary habitable or bathroom space located on more than one story. or permanent, including their associated sites and facilities, DWELLING UNIT,TYPE A.A dwelling unit designed and shall be accessible to persons with physical disabilities. constructedfor accessibility in accordance with ICC A117.1. 1103.2 General exceptions.Sites,buildings,facilities and ele- DWELLING UNIT,TYPE B.A dwelling unit designed and ments shall be exempt from this chapter to the extent specified constructed for accessibility in accordance with ICC A117.1. in this section. intended to be consistent with the technical requirements of fair 1103.2.1 Specific requirements. Accessibility is not re- housing required by federal law. quired in buildings and facilities,or portions thereof,to the FACILITY.The entire building or any portion of a building, extent permitted by Sections 1104 through 1109. structure or area, including the site on which the building, 1103.2.2 Existing buildings.Existing buildings shall com- structure or area is located,wherein specific services are pro- ply with Section 3408. vided or activities are performed. 1103.23 Work areas.Individual employee work stations PUBLIC ENTRANCE.An entrance that is not a service en- are not required to be accessible but shall be located on an trance. accessible route. PUBLIC-USE AREAS.Interior or exterior rooms or spaces 1103.2.4 Detached dwellings.Detached one-and two-fam- that are made available to the general public. ily dwellings and accessory structures,and their associated SELF-SERVICE STORAGE FACILITY.Real property de- signed and used for the purpose of renting or leasing individual 215 2000 INTERNATIONAL BUILDING CODE® 1103.2.5-1105.2 ACCESSIBILITY sites and facilities as applicable in Section 101.2,are not re- Exception:An accessible route is not required between ac- quired to be accessible. cessible facilities that have,as the only means of access be- 1103.2.5 Utility buildings.Occupancies in Group U are ex- Veen them a vehicular way not providing for pedestrian empt from the requirements of this chapter other than the access. following: 11043 Connected spaces. When a building, or portion of a 1. In agricultural buildings,access is required to paved building,is required to be accessible,an accessible route shall work areas and areas open to the general public. be provided to each portion of the building,to accessible build- ing entrances,connecting accessible pedestrian walkways and 2. Private garages or carports that contain required ac- the public way.Where only one accessible route is provided, cessible parking. the accessible route shall not pass through kitchens, storage 1103.2.6 Construction sites. Structures, sites and equip- rooms,restrooms,closets or similar spaces, ment directly associated with the actual processes of con- Exception: A single accessible route is permitted to pass struction including,but not limited to,scaffolding,bridging, through a kitchen or storage room in an accessible dwelling materials hoists,materials storage,or construction trailers unit are not required to be accessible. 1104A Multilevel buildings and facilities.At least one acces- 1103.2.7 Raised areas.Raised areas used primarily for pur- sible route shall connect each accessible level,including mez- poses of security,life safety,or fire safety including,but not zanines,in multistory buildings and facilities. limited to,observation galleries, prison guard towers,fire towers,or life guard stands are not required to be accessible Exceptions: or to be served by an accessible route. 1. An accessible route is not required to floors above and 1103.2.8 Limited access spaces.Nonoccupiable spaces ac- below accessible levels that have an aggregate area of cessed only by ladders,catwalks,crawl spaces,freight ele- not more than 3,000 square feet(278.7 mz)unless the vators,very narrow passageways,or tunnels are notrequired level contains offices of health care providers(Group to be accessible. B or Group I),passenger transportation facilities and airports(Group A-3 or Group B)or multiple tenant fa- 1103.2.9 Equipment spaces. Spaces frequented only by cilities of Group M. personnel for maintenance,repair,or monitoring of equip- 2. In Groups A,1,R and S occupancies and care facilities ment are not required to be accessible.Such spaces include, in accordance with Section 1107.4,levels that do not but are not limited to,elevator pits,elevator penthouses,me- contain accessible elements or other spaces required chanical,electrical,or communications equipment rooms, by Section 1107 are not required to be served by an ac- piping or equipment catwalks, water or sewage treatment cessible route from an accessible level. pump rooms and stations, electric substations and trans- 1104.5 Location.Accessible routes shall coincide with or be former vaults,and highway and tunnel utility facilities. located in the same area as a general circulation path.Where the 1103.2.10 Single occupant structures. Single occupant circulation path is interior,the accessible route shall also be in- structures accessed only by passageways below grade or el- terior. evated above grade including,but not limited to,toll booths that are accessed only by underground tunnels,are not re- Exception: Accessible routes from parking garages con- that to be accessible. tained within and serving Type B dwelling units are not re- 1103.2.11 Residential Group R-1.Buildings of Group R-1 quired to be interior. containing not more than five rooms for rent or hire that are also occupied as the residence of the proprietor. SECTION 1105 1103.2.12 Fuel-dispensing systems. Fuel-dispensing de- ACCESSIBLE ENTRANCES vices are not required to be accessible. 1105.1 Required.At least 50 percent but not less than one en- trance to each building and structure,and each separate tenant space within the building or structure,shall comply with the ac- SECTION 1104 cessible route provisions of this chapter. ACCESSIBLE ROUTE Exceptions: 1104.1 Site arrival points.Accessible routes within the site 1. Entrances to spaces not required to be accessible as shall be provided from public transportation stops,accessible provided for in Section 1107. parking and accessible passenger loading zones, and public 2. Loading and service entrances that are not the only en- streets or sidewalks to the accessible building entrance served. trance to a building or to a tenant space. 1104.2 Within a site.At least one accessible route shall con- 1105.2 Multiple accessible entrances.Where a building or fa- nect accessible buildings,accessible facilities,accessible ele- cility has entrances that normally serve accessible parking fa- ments,and accessible spaces that are on the same site. cilities,transportation facilities,passenger loading zones,taxi 216 2000 INTERNATIONAL BUILDING CODE® ACCESSIBILITY 1106-1107.22.1 stands,public streets and sidewalks,tunnels or elevated walk- Exception:In multilevel parking structures,van-accessible ways,or accessible interior vertical access,then at least one of parking spaces are permitted on one level. the entrances serving each such function shall comply with the 1106.6 Passenger loading zones. Passenger loading zones accessible route provisions of this chapter. shall be designed and constructed in accordance with ICC A117.1. 1106.6.1 Medical facilities.A passenger loading zone shall SECTION 1106 be provided at an accessible entrance to licensed medical PARKING AND PASSENGER and long-term care facilities where people receive physical LOADING FACILITIES or medical treatment or care and where the period of stay ex- 1106.1 Required.Where parking is provided,accessible park- ceeds 24 hours. ing spaces shall be provided in compliance with Table 1106.1 1106.6.2 Valet parking.A passenger loading zone shall be except as required by Sections 1106.2 and 1106.3. provided at valet parking services. 1106.2 Groups R-2 and R-3.Two percent of parking spaces provided for occupancies in Groups R-2 and R-3,which are re- SECTION 1107 quired to have accessible dwelling units, shall be accessible. SPECIAL OCCUPANCIES Where parking is provided within or beneath a building,acces- sible parking spaces shall also be provided within or beneath 1107.1 General.In addition to the other requirements of this the building. chapter,the requirements of Sections 1107.2 through 1107.6.1 TABLE 1106.1 shall apply to specific occupancies. ACCESSIBLE PARKING SPACES 1107.2 Assembly area seating. Assembly areas with fixed TOTAL PARKING SPACES REQUIRED MINIMUM NUMBER OF seating shall comply with Sections 1107.2.1 through PROVIDED ACCESSIBLE SPACES 1107.2.4.1.Dining areas shall comply with Sections 1107.2.5 1 to 25 1 through 1107.2.5.2. 26 to 50 2 1107.2.1 Services.Services and facilities provided in areas not required to be accessible shall be provided on an accessi- 51 to 75 3 ble level and shall be accessible. 76 to 100 4 1107.2.2 Wheelchair spaces.In theaters,bleachers,grand- 101 to 150 5 stands and other fixed seating assembly areas, accessible 151 to 200 6 wheelchair spaces shall be provided in accordance with Ta- ble 1107.2.2.At least one seat for a companion shall be pro- 201 to 300 7 vided beside each wheelchair space. 301 to 400 8 TABLE 1107.2.2 401 to 500 9 ACCESSIBLE WHEELCHAIR SPACES CAPACITY OF SEATING IN MINIMUM REQUIRED NUMBER OF 501 to 1,000 2%of total ASSEMBLY AREAS WHEELCHAIR SPACES More than 1,000 120 plus one for each 100 over 1,000 1 4 to 25 1 1106:3 Rehabilitation facilities and outpatient physical 26 to 50 2 therapy facilities.'Twenty percent of patient and visitor park- 51 to 100 4 ing spaces provided at rehabilitation facilities and outpatient 101 to 300 5 physical therapy facilities shall be accessible. 301 to 500 6 1106.4 Van spaces.For every eight or fraction of eight accessi- 6,plus 1 additional space for each ble parking spaces,at least one shall be a van-accessible park- Over 500 total seating capacity increase of 200 ing space. 1106.5 Location.Accessible parking spaces shall be located 1107.2.2.1 Wheelchair space clusters. Accessible on the shortest accessible route of travel from adjacent parking wheelchair spaces shall be grouped in wheelchair space to an accessible building entrance.In parking facilities that do clusters in accordance with Table 1107.2.2.1. not serve a particular building,accessible parking spaces shall Exception: In fixed seating assembly areas where be located on the shortest route to an accessible pedestrian en- sightlines require more than one step for a rise in ele- trance to the parking facility. Where buildings have multiple vation between rows,the minimum required number accessible entrances with adjacent parking,accessible parking of wheelchair space clusters in that area shall be one- spaces shall be dispersed and located near the accessible en- half of that required by Table 1107.2.2.1. trances. 2000 INTERNATIONAL BUILDING CODED 217 TABLE 1107.2.2.1—1107.3.3 ACCESSIBILITY TABLE 1107.2.2.1 TABLE 1107.2.4.1 WHEELCHAIR SPACE CLUSTERS RECEIVERS FOR ASSISTIVE LISTENING SYSTEMS CAPACITY OF SEATING IN MINIMUM REQUIRED NUMBER OF CAPACITY OF SEATING IN MINIMUM REQUIRED NUMBER ASSEMBLY AREAS WHEELCHAIR SPACE CLUSTERS ASSEMBLY AREAS OF RECEIVERS Up to 300 1 Less than 50 2 301 to 600 2 50 to 500 2,plus 4 for each total seating 601 to 900 3 capacity increase of 100 above 51 20,plus 4 for each total seating 90I to 1,500 4 501 to 1,000 capacity increase of 100 above 501 1,501 to 2,100 5 35,plus 2 for each total seating 2,101 to 3,000 6 1,001 to 2,000 capacity increase of 100 above 1,001 6,plus 1 additional cluster for each 55,plus 1 for each total seating Over 3,000 1,000 seats or portion thereof. Over 2,000 capacity increase of 100 above 2,000 1107.2.3 Dispersion of wheelchair space clusters.Disper- 1107.2.5 Dining areas.In dining areas,the total floor area sion of wheelchair space clusters shall be based on the avail- allotted for seating and tables shall be accessible. ability of accessible routes to various seating areas including seating at various levels in multilevel facilities. Exception:In buildings without elevators,an accessible route to a mezzanine seating area is not required, pro- 1107.2.3.1 Multilevel assembly seating areas.In multi- vided that the mezzanine contains less than 25 percent of level assembly seating areas,wheelchair space clusters the total area and the same services are provided in the shall be provided on the main floor level and on one of accessible area. each two additional floor or mezzanine levels. 1107.25.1 Fixed or built-in seating or tables.Where Exceptions: fixed or built-in seating or tables are provided in dining 1. In multilevel assembly spaces utilized for wor- areas,at least 5 percent,but not less than one such seat or ship services,where the second floor or mezza- table, shall be accessible and be distributed throughout nine level contains 25 percent or less of the total the facility. seating capacity, wheelchair space clusters 1107.2.5.2 Dining counters.In establishments serving shall be permitted to all be located on the main food or drink for consumption where the only seating is level. at counters exceeding 34 inches(864 mm)in height,a 2. In multilevel assembly seating where the sec- 60-inch(1524 mm)minimum length portion of the coun- ond floor or mezzanine level provides 25 per- ter shall be accessible. cent or less of the total seating capacity and 300 1107.3 Group 1.Occupancies in Group I shall provide for ac- or fewer seats,wheelchair space clusters shall cessible features in accordance with Sections 1107.3.1 through be permitted to all be located on the main level. 1107.3.3. 1107.2.3.2 Separation between clusters. Wheelchair 1107.3.1 Group I-1.In occupancies in Group I-1,at least 4 space clusters shall be separatedby aminimum of five in- percent,but not less than one, of the residential sleeping tervening rows or by a minimum of ten intervening seats. rooms and their bathing and toilet facilities shall be acces- Wheelchair spaces within any one wheelchair space sible. cluster shall not be separated by an intervening row,nor by more than two intervening seats,nor by more than a 7- 110732 QuW 12.In nursing homes of Group 1-2,at least 50 inch(178 mm)vertical level change. percent,but not less than one,of the patient sleeping rooms Exception: A vertical level change exceeding 7 and their bathing and toilet facilities shall be accessible. inches(178 mm)is permitted in a wheelchair space In general purpose hospitals,psychiatric facilities and de- cluster where necessary to maintain sightlines. toxification facilities of Group I-2,at least 10 percent,but 1107.2.4 Assistive listening systems.Stadiums, theaters, not less than one,of the patient sleeping rooms and their auditoriums,lecture halls and similar fixed seating assem- bathing and toilet facilities shall be accessible. bly areas where audible communications are integral to the In hospitals and rehabilitation facilities of Group 1-2 that use of the space shall have an assistive listening system if the specialize in treating conditions that affect mobility,or units area is equipped with an audio amplification system or the within either that specialize in treating conditions that affect area has a capacity of 50 or more persons. mobility,100 percent of the patient rooms and their bathing 1107.2.4.1 Receivers. Receivers shall be provided for and toilet facilities shall be accessible. assistive listening systems in accordance with Table 1107.3.3 Group I-3.In occupancies in Group 1-3,at least 5 1107.2.4.1.Twenty-five percent of receivers,but not less percent,but not less than one,of the resident units and their than two,shalt be hearing aid compatible. bathing and toilet facilities shall be accessible. 218 2000 INTERNATIONAL BUILDING CODED ACCESSIBILITY 1107.4-1107.5.5 1107.4 Care facilities.Occupancies containing care facilities units shall be a Type A dwelling unit.Type A and Type B (Groups A-3,E,1-4,and R-3)shall be accessible as provided in dwelling units shall comply with ICC A117.1. Dwelling this chapter. units required to be Type B dwelling units are permitted to Exception:Where a care facility is part of a dwelling unit, be designed and constructed as Type A dwelling units. only the portion of the structure utilized for the care facility Exceptions: is required to be accessible. 1. Where no elevator service is provided in a build- 1107.5 Group R.Occupancies in Group R shall be provided ing,Type A and B dwelling units need not be pro- with accessible features in accordance with Sections 1107.5.1 vided on floors other than the ground floor. The through 1107.5.7. number of Type A dwelling units shall be deter- 1107.5.1 Accessible sleeping accommodations.In occu- mined as required above. pancies in Groups R-1 and R-2 with sleeping accommoda- 2. Where no elevator service is provided in a build- tions, accessible sleeping accommodations shall be ing,and the ground floor does not contain dwelling provided in accordance with Table 1107.5.1. All facilities units,only those dwelling units located on the low- on a site shall be considered to determine the total number of est floor containing dwelling units need comply sleeping accommodations.Roll-in showers provided in ac- with the requirements of this section. cessible sleeping accommodations shall include a perma- 3. A multistory dwelling unit that is not provided nently mounted folding shower seat. with elevator service is not required to comply 11075.2 Accessible spaces. Rooms and spaces available with requirements for Type B dwelling units. for the use of the residents of accessible sleeping accommo- Where a multistory dwelling unit is provided with dations shall be accessible.Accessible spaces shall include elevator service to only one floor, the floor pro- toilet and bathing rooms,kitchen,living and dining areas, vided with elevator service shall comply with the and any exterior spaces,including patios,terraces and bal- requirements for a Type B dwelling unit,and a toi- conies. let facility shall be provided on that floor. TABLE 1107.5.1 4. The number of Type B dwelling units provided in ACCESSIBLE SLEEPING ACCOMMODATIONS multiple non-elevator buildings on a single site is MINIMUM allowed to be reduced to a percentage of the REQUIRED NUMBER ground floor dwelling units that is equal to the per- OF ACCESSIBLE centage of the entire site having grades,prior to de- TOTAL NUMBER OF SLEEPING TOTAL NUMBER OF velo ment,Which are 10 percent or less;but in no SLEEPING ACCOMMODATIONS REQUIRED P P ACCOMMODATIONS ASSOCIATED WITH ACCESSIBLE SLEEPING case shall the number of Type B units be less than PROVIDED ROLL-IN SHOWERS ACCOMMODATIONS 20 percent of the ground floor dwelling units on i to 25 0 1 the entire site. 26 to 50 0 2 5. The required number of Type A and Type B dwell- 51 to 75 1 4 ing units shall not apply to a site where the lowest floor or the lowest structural building members is 76 to 100 1 5 required to be at or above the base flood elevation 101 to 150 2 7 resulting in: 151 to 200 2 g 5.1.A difference in elevation between the mini- 201 to 300 3 10 mum required floor elevation at the pri- mary entrances and vehicular and 301 to 400 4 12 pedestrian arrival points within 50 feet(15 401 to 500 4 13 240 mm)exceeding 30 inches(762 mm); or 501 to 1,000 1%of total 3%of total 5.2.A slope exceeding 10 percent between the Over 1,000 10 plus 1 for each 30 plus 2 for each 100 minimum required floor elevation at the 100 over 1,000 over 1,000 primary entrances and vehicular and pe- 1107.5.3 Dispersion.Accessible sleeping accommodations destrian arrival points within 50 feet(15 shall be dispersed among the various classes of sleeping ac- 240 mm). commodations. Where no such arrival points are within 50 feet 11075.4 Accessible dwelling units. In occupancies in (15 240 mm)of the primary entrances,the closest Groups R-2 and R-3 as applicable in Section 101.2 where arrival point shall be used. there are four or more dwelling units in a single structure, 1107.5.5 Accessible route.In occupancies in Groups R-2 every dwelling unit shall be a Type B dwelling unit.In occu- and R-3 as applicable in Section 10 1.2,at least one accessi- pancies in Group R-2 containing more than 20 dwelling ble route shall connect accessible building or facility en- units,at least 2 percent,but not less than one,of the dwelling trances with the primary entrance of each accessible 2000 INTERNATIONAL BUILDING CODE® 218 1107,5.6—1108.2.1.2 ACCESSIBILITY dwelling unit within the building or facility and with those to be connected by an accessible route,the only toilet rooms or exterior and interior spaces and facilities that serve the ac- bathing facilities provided within the facility shall not be lo- cessible dwelling unit. cated on the inaccessible floor.At least one of each type of fix- Exceptions: ture, element, control or dispenser in each accessible toilet 1. If the slope of the finished ground level between room and bathing facility shall be accessible. accessible facilities and buildings exceeds one unit Exceptions: vertical in 12 units horizontal(8-percent slope),or 1. In toilet rooms or bathing facilities accessed only where physical barriers prevent the installation of through a private office, not for common or public an accessible route,a vehicular route with parking use,and intended for use by a single occupant,any of at each accessible facility or building is permitted the following alternatives are allowed: in place of the accessible route. 2. Exterior decks,patios,or balconies that are part of 1.1. Doors are permitted to swing into the clear Type B dwelling units and have impervious sur- floor space provided the door swing can be re- faces, and that are not more than 4 inches (102 versed to meet the requirements in ICC Al I7.1, mm)below the finished floor level of the adjacent interior space of the dwelling unit. 1.2.The height requirements for the water closet 1107.5.6 Accessible spaces.In occupancies in Groups R-2 in ICC A117.1 are not applicable, and R-3,rooms and spaces available to the general public or 1.3. Grab bars are not required to be installed in a available for use by residents,and serving accessible dwell- toilet room, provided that the reinforcement ing units shall be accessible. has been installed in the walls and located so Exception: Recreational facilities in accordance with as to permit the installation of such grab bars, Section 1108.14. 1.4.The requirement for height, knee and toe 1107.5.7 Group R4.In Group R-4,at least one of the sleep- clearance shall not apply to a lavatory. ing rooms and associated toilet and bathing facilities shall 2. This section is not applicable to dwelling units,sleep- be accessible. ing accommodations and patient toilet and bathing fa- cilities that are not required to be accessible by 1107.6 Self-service storage facilities.Self-service storage fa- Section 1107. cilities shall provide accessible individual self-storage spaces in accordance with Table 1107.6. 3. Where multiple single-user toilet rooms or bathing fa- cilities are clustered at a single location and contain 1 i 07.6 fixtures in excess of the minimum required number of TABLE ACCESSIBLE ABLE 1 SELF-SERVICE STORAGE FACILITIES plumbing fixtures,at least 5 percent,but not less than one room for each use at each cluster,shall be accessi- TOTAL SPACES IN MINIMUM NUMBER OF REQUIRED ble, FACILITY ACCESSIBLE SPACES 1 to 200 5%,but not less than 1 4. Toilet room fixtures that are in excess of those re- quired by the plumbing code and that are designated Over 200 10,plus 2%of total number of for use by children in day care and primary school oc- units over 200 cupancies. 1108.2.1 Unisex toilet and bathing rooms. In assembly 1107.6.1 Dispersion. Accessible individual self-service and mercantile occupancies, an accessible unisex toilet storage spaces shall be dispersed throughout the various room shall be provided where an aggregate of six or more classes of spaces provided.Where more classes of spaces male and female water closets are required.In buildings of are provided than the number of required accessible spaces, mixed occupancy,only those water closets required for the the number of accessible spaces shall not be required to ex- assembly or mercantile occupancy shall be used to deter- ceed that required by Table 1107.6. Accessible spaces are mine the unisex toilet room requirement.In recreational fa- permitted to be dispersed in a single building of a cilities where separate-sex bathing rooms are provided,an multibuilding facility. accessible unisex bathing room shall be provided.Fixtures located within unisex toilet and bathing rooms shall be in- cluded in determining the number of fixtures provided in an SECTION 1108 occupancy. OTHER FEATURES AND FACILITIES 1108.1 General. Accessible building features and facilities Exception:Where each separate-sex bathing room has shall be provided in accordance with Sections 1108.2 through only one shower or bathtub fixture, a unisex bathing room is not required. 1108.14.2. Exception:Type A and Type B dwelling units shall comply 1108.2.1.1 Standard.Unisex toilet and bathing rooms with ICC Al17,1. shall comply with this section and ICC A117.1. 1108.2 Toilet and bathing facilities.Toilet rooms and bathing 1108.2.1.2 Unisex toilet rooms. Unisex toilet rooms facilities shall be accessible.Where a floor level is not required shall include only one water closet and only one lavatory. 220 2000 INTERNATIONAL BUILDING CODE® ACCESSIBILITY 1108.2.1.3-1108.12.1 A unisex bathing room in accordance with Section 1108.7 Lifts.Platform(wheelchair)lifts shall not be a part of a 1108.2.1.3 shall be considered a unisex toilet room, required accessible route in new construction. Exception:A separate-sex toilet room containing not Exceptions:Platform(wheelchair)lifts are permitted for. more than two water closets without urinals,or con- 1. An accessible route to a performing area in occupan- taining only one water closet and one urinal shall be cies in Group A. considered a unisex toilet room. 2. An accessible route to wheelchair spaces required by 1108.2.1.3 Unisex bathing rooms. Unisex bathing Section 1107.2.2. rooms shall include only one shower or bathtub fixture. 3. An accessible route to spaces that are not open to the Unisex bathing rooms shall also include one water closet general public with an occupant load of not more than and one lavatory. Where storage facilities are provided five. for separate-sex bathing rooms,accessible storage facili- ties shall be provided for unisex bathing rooms. 4. An accessible route within a dwelling unit. 1108.2.1.4 Location. Unisex toilet and bathing rooms 5. An accessible route to wheelchair seating spaces lo- shall be located on an accessible route. Unisex toilet cated in outdoor dining terraces in A-5 occupancies rooms shall be located not more than one story above or where the means of egress from the dining terraces to a Public way is open to the outdoors. below separate-sex toilet rooms. The accessible route from any separate-sex toilet room to a unisex toilet room 1108.8 Storage.Where fixed or built-in storage elements such shall not exceed 500 feet(152 m). as cabinets, shelves,medicine cabinets,closets, and drawers 1108.2.1.5 Prohibited location.In passenger transpor- are provided in required accessible spaces,at least one of each type shall contain storage space complying with ICC Al 17.1. tation facilities and airports, the accessible route from separate-sex toilet rooms to a unisex toilet room shall not 1108.8.1 Lockers.Where lockers are provided in accessible pass through security checkpoints. spaces,at least five percent,but not less than one,of each 1108.2.1.6 Clear floor space.Where doors swing into a type shall be accessible. unisex toilet or bathing room,a clear floor space not less 1108.8.2 Shelving and display units.Self-service shelves than 30 inches by 48 inches(762 mm by 1219 mm)shall and display units in mercantile occupancies and shelving in be provided,within the room,beyond the area of the door stack areas of libraries shall be located on an accessible swing. route.Such shelving and display units shall not be required to comply with reach-range provisions. 1108.2.1.7 Privacy.Doors to unisex toilet and bathing 1108.8.3 Coat hooks and folding shelves. Where coat rooms shall be securable from within the room. hooks or folding shelves are provided in inaccessible toilet 1108.2.2 Water closet compartment.Where water closet rooms,toilet compartments,or in dressing,fitting or locker compartments are provided in a toilet room or bathing facil- rooms,at least one of each type shall be provided in accessi- ity,at least one wheelchair-accessible compartment shall be ble toilet rooms,toilet compartments,and dressing,fitting provided.Where the combined total water closet compart- and locker rooms. ments and urinals provided in a toilet room or bathing facil- 1108.9 Detectable warnings.Passenger transit platform edges ity is six or more,at least one ambulatory-accessible water bordering a drop-off and not protected by platform screens or closet compartment shall be provided in addition to the guards shall have a detectable warning. wheelchair-accessible compartment. Wheelchair-accessi- ble and ambulatory-accessible compartments shall comply Exception: Detectable warnings are not required at bus with ICC A117.1. stops. 1108.3 Sinks.Where sinks are provided,at least 5 percent,but 1108.10 Assembly area seating.Assembly areas with fixed not Iess than one, provided in accessible spaces shall comply seating in every occupancy shall comply with Section 1107.2 with ICC A117.1. for accessible seating and assistive listening devices. Exceptions: 1108.11 Seating at tables, counters and work surfaces. Where seating at fixed or built-in tables,counters or work sur- 1. Mop or service sinks are not required to be accessible. faces is provided in accessible spaces,at least 5 percent of the 2. Sinks designated for use by children in day care and seating,but not less than one,shall be accessible, primary school occupancies. 1108.11.1 Dispersion.Accessible fixed or built-in seating 1108.4 Kitchens,kitchenettes and wet bars.Where kitchen, at tables, counters or work surfaces shall be distributed kitchenettes and wet bars are provided in accessible spaces or throughout the space or facility containing such elements. rooms, they shall be accessible in accordance with ICC 1108.12 Customer service facilities.Customer service facili- A117.1. ties shall provide for accessible features in accordance with 1108.5 Drinking fountains.On floors where drinking foun- Sections 1108.12.1 through 1108.12.5. tains are provided, at least 50 percent, but not less than one 1108.12.1 Dressing, fitting and locker rooms. Where fountain,shall be accessible. dressing rooms,fitting rooms,or locker rooms are provided, 1108.6 Elevators.Passenger elevators on an accessible route at least 5 percent,but not less than one,of each type of use in shall be accessible and comply with Section 3001.3. each cluster provided shall be accessible. 2000 INTERNATIONAL BUILDING CODE® 221 1108..12.2—1'109.3 ACCESSIBILITY 1108.12.2 Check-out aisles. Where check-out aisles are sidered to determine the total number of each type that are provided,accessible check-out aisles shall be provided in required to be accessible. accordance with Table 1108.12.2.Where check-out aisles serve different functions,at least one accessible check-out 1108.14.2 Other occupancies. Where recreational faeili- aisle shall be provided for each function.Where check-out ties are provided in other occupancies,each facility shall be aisles are dispersed throughout the building or facility,ac- accessible. cessible check-out aisles shall also be dispersed. Traffic control devices, security devices and turnstiles located in accessible check-out aisles or lanes shall be accessible. Exception: Where the area of the selling space is less SECTION 1109 than 5,000 square feet(465 mz),only one check-out aisle SIGNAGE is required to be accessible. TABLE accessible. 2.2 1109.1 Signs.Required accessible elements shall be identified ACCESSIBLE CHECK-OUT AISLES by the International Symbol of Accessibility at the following locations: TOTAL CHECK-OUT AISLES MINIMUM NUMBER OF ACCESSIBLE OF EACH FUNCTION CHECK-OUT AISLES EACH FUNCTION 1. Accessible parking spaces required by Section 1106.1 1 to 4 1 except where the total number of parking spaces pro- 5 to 8 2 vided is five or less. 9 to 15 3 2. Accessible passenger loading zones. Over 15 3, lus 20%of additional aisles 3. Accessible areas of refuge required by Section 1003.2.13.5. 1108.12.3 Point of sales and service counters. Where 4. Accessible rooms where multiple single-user toilet or counters are provided for sales or distribution of goods or bathing rooms are clustered at a single Iocation. services,at least one of each type provided shall be accessi- 5. Accessible entrances where not all entrances are accessi- ble. Where such counters are dispersed throughout the ble. building or facility,the accessible counters shall also be dis- persed. 6. Accessible check-out aisles where not all aisles are ac- cessible.The sign, where provided, shall be above the 110&12.4 Food service lines.Food service lines shall be check-out aisle in the same location as the check-out accessible.Where self-service shelves are provided,at least aisle number or type of check-out identification. 50 percent,but not less than one,of each type provided shall 7. Unisex toilet and bathing rooms. be accessible. 1108.12.5 Queue and waiting lines. Queue and waiting 8. Accessible dressing,fitting,and locker rooms where not g Q g all such rooms are accessible. lines servicing accessible counters or check-out aisles shall be accessible. 1109.2 Directional signage.Directional signage indicating the 1108.13 Controls, operating mechanisms and hardware. route to the nearest like accessible element shall be provided at Controls,operating mechanisms and hardware intended for op- the following locations.These directional signs shall include eration by the occupant,including switches that control light- the International Symbol of Accessibility: ing and ventilation, and electrical convenience outlets, in 1. Inaccessible building entrances. accessible spaces,along accessible routes or as parts of aeces- 2. inaccessible public toilets and bathing facilities. sible elements shall be accessible. 3. Elevators not serving an accessible route. 1108.13.1 Operable windows. Where operable windows 4. At each separate-sex toilet and bathing room indicating are provided in rooms that are required to be accessible in the location of the nearest unisex toilet or bathing room accordance with Sections 1107.3.1, 1107.3.2 and 1107.5.1, where provided in accordance with Section 11.08.2.1. at least one window in each room shall be accessible and each required operable window shall be accessible. 1109.3 Other signs. Signage indicating special accessibility Exception: Accessible windows are not required in provisions shall be provided as follows: bathrooms or kitchens. 1. In assembly areas required to comply with Section 1108.14 Recreational facilities. Recreational facilities shall 1107.2.4,a sign notifying the general public of the avail- be provided with accessible features in accordance with Sec- ability of assistive listening systems shall be provided at tions 1108.14.1 and 1108.14.2. ticket offices or similar locations. 1108.14.1 Groups R-2 and R-3.Where recreational facili- 2. Each door to an exit stairway shall have a tactile sign,in- ties are provided serving accessible dwelling units in occu- cluding raised letters and Braille,stating:EXIT. pancies in Groups R-2 and R-3 as applicable in Section 3. At exits and elevators serving a required accessible 101.2,25 percent,but not less than one of each type in each space,but notproviding an approved accessible means of occupancy group of such facilities,shall be accessible.Ev- egress,signs shall be installed indicating the location of ery recreational facility of each type on a site shall be con- accessible means of egress. 222 2000 INTERNATIONAL BUILDING CODES D Cl r y Reviewed By: Agenda Item Number Legal J� ! �--. � Le+ Finance ❑ EST. ANA, 1836 ❑ �` Engineer ❑ City Administrator ❑ Tracking Number t� � O Consultant ❑ Human Resources ❑ City Council Agenda Item Summary Memo Title: Safe Routes To School Funding Program-Discussion City Council/COW Agenda Date: March 20,2007 Synopsis: Safe Routes to School Program is a new federal highway funding program designed to fund improvements to pedestrian facilities(sidewalks or trails)that are/can be used by students to travel to and from school. Staff is working with the School District to develop a plan and will be submitting an application in June. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Next steps: meeting scheduled for March 22,2007 with the School District Transportation Committee,Community Development Staff, Police Department representative to determine the existing pedestrian barriers in the City and prioritize those which will best `fit' into this funding program. *1onois Department - t of Transportation _. o # Illinois Safe Routes to School Program Application Guidance PURPOSE The purpose of this guidance is to explain the requirements,eligibility,and application process of the Illinois Safe Routes to School Program. ABOUT SAFE ROUTES TO SCHOOL Safe Routes to School(SRTS)was established in August 2005 as a Federal-Aid program through the passage of SAFETEA-LU,the Safe,Accountable,Flexible,Efficient Transportation Equity Act:A Legacy for Users.Through 2009,a total of$612 million was allocated to provide funds to states to substantially improve the ability of primary and middle school students(grades Kindergarten through 8`�) to walk and bicycle to school safely. SRTS funds projects and programs that enable,encourage and make safe walking and bicycling to school. Over the last 40 years,the level of walking and bicycling to school among school-aged children has dropped from approximately half of all students to fewer than fifteen percent.This decline in active transportation has negatively impacted schools and children.Schools currently experience massive traffic congestion,unsafe conditions and decreased air quality.Additionally,a growing trend of sedentary lifestyles in children has been linked to a variety of health issues including respiratory disease,diabetes and obesity. SRTS uses a multidisciplinary approach to improve conditions for the walk or bike to school.The program has three main goals: 1) to enable and encourage children,including those with disabilities,to walk and bicycle to school 2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age;and ➢ Only those projects and programs included in the corresponding School Travel Plan are eligible for funding. ➢ Multiple projects may be applied for by a single Sponsoring Agency, using a single application. ➢ Applications are accepted only through an online application process.The online application form is available at http://www.dot.il.gov/saferoutes/index.htm]. ILLINOIS SCHOOL TRAVEL PLAN A completed Illinois School Travel Plan must be submitted to and approved by IDOT in advance of any funding application.The Illinois School Travel Plan is a separate process that outlines a school or community's intentions for making travel to and from school more sustainable and safe.It uses an online form,accessible only through the Illinois Safe Routes to School website.Schools and communities create their own unique Illinois School Travel Plan and submit it in advance of any funding request.School Travel Plans must receive approval from the Illinois Department of Transportation before the online application process may be accessed.Visit the web site for complete instructions on completing and submitting the Illinois School Travel Plan. All projects and programs in the Illinois School Travel Plan will correspond directly to an application from the same school or community. Once a School Travel Plan has been completed for a particular applicant,the online system will automatically fill in certain fields of a corresponding application.This will eliminate the need to repeat the work accomplished in the Plan. Likewise,any projects and activities for which funding is being sought must be included in a pre-existing School Travel Plan. ELIGIBLE APPLICANTS Grade Levels: Safe Routes to School projects must focus on students in grades Kindergarten through 8t` grade.Public grade schools,middle and jr.high schools and grade centers that serve these ages are eligible.High schools and early childhood centers(that serve only pre-school children)are not eligible. Private Schools:Private and parochial schools may also apply for SRTS projects.Infrastructure projects that serve private school locations are allowed as long as they are located on the public right-of-way.This may include projects on private land that have public access easements.Non-infrastructure activities are also allowed at private and parochial schools.See the Federal Highways Administration's SRTS guidance for more details(http://safety.fhwa.dot.gov/saferoutes/srtsguidance.htm). Project sponsors:A major attribute of SRTS programs is their collaborative nature. Schools,parents, students,local governments and agencies,community groups,non-profit organizations and health 2. A second Resolution or Letter of Support must be obtained from the School District for all infrastructure projects. For non-infrastructure only applications: 1. One Resolution or Letter of Support must be obtained from the School District for all non- infrastructure projects. 2. A second Resolution or Letter of Support must be obtained from the agency/organization supporting the non-infrastructure project(e.g.police departments for enforcement programs,etc.) Optional for all applications:Additional letters of support from other project partners(PTAs/PTOs, Local School Councils,non-profit organizations,public health agencies)may accompany any application. Since the application process is online,Resolutions and Letters of Support must be in electronic form and uploaded as an attachment to the online application. The upload feature may be found on the last page of the application. ELIGIBLE PROJECTS AND ACTIVITIES Only the projects and programs identified in the School Travel Plan will be eligible for funding. In other words,if an application seeks funding for something that is not included in the corresponding School Travel Plan,the application will not be considered. The online application process can accommodate requests for multiple types of projects and programs. For example,a single sponsor may apply for funding to support several infrastructure projects,along with education,encouragement and enforcement programs. Following is a list of fundable activities through the Illinois Safe Routes to School Program: Eligible Infrastructure Projects: (must be located within 2-miles of a school) • Sidewalk Improvements • New Sidewalk o Sidewalk Widening • Sidewalk Repair o Sidewalk Curb • Sidewalk Gap Closure o Sidewalk Curb Ramp • Traffic Calming/Speed Reduction o Roundabout/Traffic Circle o Chicane o Bulb-out o Choker • Speed Bump/Hump/Table o Lane Reductions • Raised Crossing o Full/Half Street Closure • Median Refuge/Center Crossing o Automated Speed Enforcement o Narrowed Traffic Lane • Teach the health,environmental o Training,including SRTS and sustainable transportation training workshops that target benefits of walking and school and community level bicycling to students audiences • Educate parents and caregivers about safe driving procedures at the school • Encouragement • SRTS promotional campaigns and materials • Modest rewards for SRTS contests and programs • Incentive programs that encourage safe walking and bicycling over time • Walking School Bus programs • Bike Train programs • International Walk to School Day or other special event • Walking/biking mileage clubs • Park-and-walk program • Neighborhood Watch initiative • Community safe driving awareness and education campaigns • Safety and educational tokens that also advertise the program • Evaluation • Costs for data gathering,analysis and evaluation reporting at the local project level. • Photocopying,duplication and printing costs • Mailing costs • Counting the number of students who walk and bicycle to and from school(will be mandated for funded projects—federal reporting) • Tracking the number of crashes within 2 miles of school(will be mandated for funded projects—state reporting) • Measuring parent/guardian perceptions of safety(will be mandated for funded projects— federal reporting) While we have attempted to include all possible Safe Routes to School projects within this list,please contact the SRTS coordinator for guidance if you would like to pursue a project that is not listed here. INELIGIBLE ACTIVITIES Recurring and operational costs, such as salaries and overhead, will not be funded. Expenses for existing,expanding or new staff time are considered operational expenses and not eligible for SRTS funding.The use of funds for projects that reorganize pick-up and drop-off primarily for the convenience of drivers rather than to improve child safety and/or walking and bicycling access is not permitted.School bus safety programs and improvements to school bus stops are not eligible for this funding. PROJECT SELECTION AND SCORING The MOT Safe Routes to School Implementation Committee will organize and distribute copies of the applications for review and evaluation. The review committee(s)will utilize the following selection criteria for project evaluation. Proposals will be scored based on seven main criteria: 1. Potential to reduce child traffic injuries and fatalities 2. Potential to increase walking and bicycling among students 3. Identification of safety hazards 4. Identification of potential walking and bicycling routes 5. Consultation and support for projects by school-based associations,local traffic engineers,local elected officials,law enforcement agencies and school officials 6. Proximity to parks and other recreational facilities Projects may be evaluated and selected for full or partial funding. Official notification of awards will be made by MOT via the regular mail. A Local Agency Agreement between the sponsor and IDOT District office will commence shortly after notification. 01/30/2007 RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT("Agreement") is made and entered into this day of , 2007, by and among CENTEX HOMES, a Nevada general partnership (hereinafter referred to as "Developer"), the UNITED CITY OF YORKVILLE, a municipal corporation of the State of Illinois, County of Kendall (hereinafter referred to as"City"), and the YORKVILLE BRISTOL SANITARY DISTRICT, a of the State of Illinois(hereinafter referred to as "YSBD"). RECITALS: WHEREAS,the Developer is the developer of a parcel of property originally comprising approximately 279.9 acres, more or less, situated at generally at the northeast corner of Galena Road and Route 47 in Yorkville, Illinois, which parcel of property is identified on Exhibit A attached hereto and made a part hereof("Developer Property"); WHEREAS, the City and Developer et at are parties to that certain Annexation Agreement dated April 26, 2005 ("Annexation Agreement"); WHEREAS, the Developer is in the process of developing the Developer Property for residential purposes consistent with the Annexation Agreement; WHEREAS,the City determined, upon advice and recommendation of its City Engineer and in cooperation with the YBSD,that it was in the best interest of the community that the Rob Roy Creek Interceptor Sewer System (the "Interceptor") to serve the Developer Property and all related accessories and appurtenances (collectively, "Improvements") be designed, Property: Use original legal for parcel North of Galena Benefited Property: Use legals for parcels South of Galena Road. CH199 4778680-2.001319.0306 constructed, and routed in such manner as to be capable of serving other areas of land, part of which are presently within the City limits; WHEREAS,the 'other areas of land" identified in the preceding recital are the properties located south of Galena Road, as described on Exhibit B attached hereto and made a part hereof (collectively, "Benefited Properties") (the Developer Property and the Benefited Properties are collectively referred to as the "Property"); WHEREAS, the Improvements are needed to provide sanitary sewer service to the Developer Property and Benefited Properties, the taxable value of real property within the corporate limits of the City will increase as a result of the construction of the Improvements and the construction of the Improvements will further the planned growth of the City and promote and protect the health, safety and welfare of the people of the City; WHEREAS, the Developer, City and YBSD are parties to certain documents, including an Interceptor Sewer Agreement Term Sheet ("ISATS"), with respect to the construction of the Improvements to the standards requested by City, which contemplates that Developer would recapture an equitable portion of the cost of the Improvements from the Benefited Properties; WHEREAS, all the terms in this Agreement, unless otherwise defined, shall have the same meaning as set forth in the Annexation Agreement; and WHEREAS, the City enters into this Agreement in accordance with the provisions of 65 ILCS 5/9-5-1 of the Illinois Compiled Statutes. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer,the City and YBSD hereby agree as follows: -2- CHI99 4778680-2.001319.0306 1. Incorporation of Recitals. The representations and recitations set forth in the foregoing Recitals are material to this Agreement and are hereby incorporated into and become a part of this Agreement as though they were fully set forth in this Paragraph 1. 2. Status of ISATS. Developer has fulfilled its initial obligations under the ISATS and is not in default in any of its obligations as of this date, including without limitation, Paragraph 5 of ISATS relating to the semi-annual payment of Sanitary Sewer Connection Fees. 3. Recapture of Costs Incurred by Developer to Construct Phase 7 of the Interceptor. The City, Developer and YBSD agree that the total cost of the Improvements is $2,380,293.40 (the "Cost"). To date, the City has paid to Developer in cash $987,408.40 from the proceeds of various bonds issued in connection with the Improvements. In addition, Developer received a credit of$459,821.96 as a set-off against certain Infrastructure Participation Fees (as defined in ISATS and by the YBSD) and similar fees or charges fees that were otherwise due from Developer to the City and/or YBSD in connection with the development of the Developer Property. Under the ISATS, Developer has the opportunity to obtain an additional credit of $933,063.04 (the "Remaining Cost Reimbursement") as a set-off against certain Infrastructure Participation Fees and similar charges or fees that Developer would have paid in connection with the development of the Benefited Properties. Because Developer may not be developing the Benefited Property, the City, Developer and YBSD acknowledge and agree that the Remaining Cost Reimbursement shall be recapturable from the Benefited Properties to Developer and shall be paid to Developer based on the total of the Infrastructure Participation Fees advanced or paid by any owners or developers of the Benefited Properties in connection with the development of the Benefited Properties. In no event shall the total recapture payable and paid to Developer exceed the Remaining Cost Reimbursement. -3- CHI99 4778680-2.001319.0306 4. Recapture of Sanitary Sewer Connection Fees Paid by Developer Under ISATS. Under the terms of Paragraphs F and G of ISATS, Developer agreed to pay to the City certain "Sanitary Sewer Connection Fees" (this term is intended to include sanitary sewer connection fees, sewer permit fees, sewer tap-on fees, sewer impact fees, or similar fees or charges) for the Developer Property and the Benefited Properties on a periodic basis, regardless of the status of development of the Property. The result of this is that Developer committed to pre-pay Sanitary Sewer Connection Fees with respect to the Benefited Properties ("Pre-Paid Sanitary Sewer Fees"), despite the fact that Developer does not own the Benefited Properties. The City, Developer and YBSD acknowledge and agree that the Pre-Paid Sanitary Sewer Fees shall be recapturable from the Benefited Properties to Developer. The recaptured amounts shall be paid to Developer as Sanitary Sewer Connection Fees are received by the City or YBSD from the Benefited Properties. When Developer has recaptured all Pre-Paid Sanitary Sewer Fees, any future fees shall be paid by the owner or owners of all or any part of the Benefited Properties to the City without recapture by Developer. However, because Developer will continue to be responsible for making the payments to which it committed under ISATS, it is possible that after having been re-paid for the Pre-Paid Sanitary Sewer Fees, Developer may once again be required to pay Sanitary Sewer Connection Fees for the Benefited Properties in advance of construction. If that occurs, Developer will once again have a recapture right with respect to all Pre-Paid Sanitary Sewer Fees. Any Sanitary Sewer Connection Fees paid with respect to the Benefited Properties will be credited against the obligation of Developer under ISATS regarding the payment Sanitary Sewer Connection Fees. -4- CHI99 4778680-2.001319.0306 5. Procedures Regarding Recapture of Amounts Due. (a) The City shall promptly enact all necessary ordinances for the reimbursement to Developer of the amounts described in Paragraphs 3 and 4 (in addition to the amounts already paid the City or set-off against Infrastructure Participation Fees, as reflected under Paragraph 3). (b) The recapture amounts described in Paragraph 3 will be assessed against the Benefited Properties based upon the percentage of benefit to each Benefited Property, as shown on Exhibit C. The recapture amounts described in Paragraph 4 will be assessed against the Benefited Properties based upon the actual Sanitary Sewer Connection Fees charged by the City or YBSD with respect to such properties. (c) The amount due from each of the Benefited Properties under this Agreement shall be collected by the City or YBSD, as the case may be, prior to the City's final action for approval of any Final Subdivision Plat, Final Plat of Planned Unit Development, building permit, certificate of occupancy or other governmental approval for all or any part of the Benefited Properties, whichever shall first occur. The City shall not take any such final action without first confirming that any and all amounts due hereunder have been paid in full. (d) The City shall advise Developer and YBSD from time to time (or, in any event, upon request) as to any amounts that may be become due to Developer under this Agreement. 6. Interest on Recapture Amounts. Interest shall accrue on the Remaining Cost Reimbursement due under Paragraph 3 hereof until paid and on the Pre-Paid Sanitary Sewer Fees due under Paragraph 4 hereof until paid, but in no event shall such interest accrue for a period -5- CM99 4778680-2.001319.0306 greater than a maximum of 20 years from , which is the date of acceptance of the Improvements by the City and/or the YBSD, as the case may be(the "Acceptance Date"). Such interest shall be at the rate per annum equal to the average (based on a 12 month calendar basis) interest rate paid on investments in the Public Treasurer's Investment Pool created under Section 17 of Chapter 15 (15 ILCS 505 10.01 et seq.) of the Illinois Compiled Statutes or any substitute, comparable interest rate as determined by the State of Illinois or, if not determined, by the Chief Judge of the Circuit Court of Kane County, Illinois. At the end of said 20 year period, no further interest shall accrue, but all interest previously accrued shall be payable as provided in this Agreement. 7. Use of Improvements by Additional Properties. The City hereby covenants and agrees that(a)the owner or owners of all or any part of the Benefited Properties shall be required to connect to and utilize the Improvements to the exclusion of the connection or use of any other improvements now or hereafter existing which may be able to provide sanitary sewer service to the Benefited Properties and (b) no other properties shall be entitled to use or connect to the Improvements without a further recapture agreement (comparable to this Agreement) as to such properties. 8. Timing of Payment; Administration Fees. The City Treasurer or YBSD, as the case may be, shall pay over to Developer the recapture payments made by the owner or owners of the Benefited Properties consistent with the provisions of Paragraphs 3 and 4 hereof within the earlier (a) of 10 business days of receipt or (b) Developer's entitlement to payment pursuant to Paragraph 4 hereof. Any administration fee shall be retained by the City or YBSD, as the case may be. Fractional acres shall be charged a prorata share of the recapture fee and administrative fee. -6- C14199 4778680-2.001319.0306 9. Collection:Enforcement. The City or YBSD, as the case may be, shall collect the recapture fees described in Paragraphs 3 and 4 hereof, but shall not be obligated to bring any suit to enforce the collection of such fees. Developer may, at its option, bring suit against any or all of other property owners of all or part of the Benefited Properties for any amounts due under this Agreement. The City and YBSD shall cooperate with the Developer in any such action. 10. Other Fees. Subject to the terms of the Annexation Agreement, nothing herein shall limit or in any way affect the rights of the City or YBSD to collect other fees and charges pursuant to City ordinances, resolutions, motions or policies, including, but not limited to, water connection and sewer connection charges, as the water and sewer recapture fees provided for herein are in addition to other City or YBSD fees and charges. 11. Notice. Any notice which either City or Developer may desire or which may be required to given under this Agreement shall be in writing and served by personal delivery to the other party or by a nationally recognized overnight courier: If to the City: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-7575 With a copy to: United City of Yorkville Attn: John Wyeth 800 Game Farm Road Yorkville, IL 60560 Fax: (630) If to the Developer: -7- CHI99 4778680-2.001319.0306 Centex Homes—Illinois Division 2205 Point Boulevard, Suite 200 Elgin, IL 60123 Attn: Dan Star, Division President Alex Jansen, Division Land Acquisition &Entitlement Manager Fax: (847) 783-6781 with a copy to: Centex Homes 12701 Whitewater Drive, Suite 300 Minnetonka, MN 55343 Attn: Joel S. Reed, Vice President&Division General Counsel Fax: (952) 960-2001 And McDermott Will&Emery LLP 227 West Monroe Street, Suite 4700 Chicago, IL 60606 Attn: Fred I. Feinstein, P.C. Fax: (312) 984-7700 If to YBSD: with a copy to: or as such other address as any party may from time to time designate in a written notice to the other party. 12. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors of the Developer, successors of YBSD and upon successor corporate authorities of the City and successor municipalities. The Developer's right to recapture the Costs in connection with the construction of the Improvements or other amounts under this Agreement shall not be adversely impacted by the sale of all or any part of the Property or the fact that -8- CHI99 4778680-2.001319.0306 Developer was never the owner of all or any part of the Property unless the Developer's specifically assigns all or any part of its rights under this Agreement by a written instrument delivered to the City and YBSD. 13. Modification of Agreement. This Agreement may be modified or amended only by a written instrument executed by Developer, City and YBSD. 14. Remedies. Developer, City and YBSD may enforce the terms of this Agreement at law and equity by suit, mandamus or other proceeding. 15. Recordation. A copy of this Agreement shall be recorded by Developer, City and YBSD in the county records of Kendall County, Illinois. 16. Severability of Provisions. The invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity of any other provision or term of this Agreement. 17. Controlling Documents. In the event of a conflict between the term of this Agreement and the Annexation Agreement, the terms of the Annexation Agreement shall control. [Signature Page to Follow] -9- CHI99 4778680-2.001319.0306 IN WITNESS WHEREOF, the parties have affixed their signatures or caused this Agreement to be executed by the duly authorized officers or elected officials of the day and year first above written. CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation and its Managing General Partner By: Daniel L. Star Illinois Division President Subscribed and Sworn to before me this day of , 2007 Notary Public UNITED CITY OF YORKVILLE By: Name: Title: Subscribed and Sworn to before me this day of , 2007 Notary Public -10- CHI99 4778680-2.001319.0306 YORKVILLE BRISTOL SANITARY DISTRICT By: Name: Title: Subscribed and Sworn to before me this day of , 2007 Notary Public -11- CHI99 4778680-2.001319.0306 United City of Yorkville PW I WATER DEPARTMENT REPORT JANUARY 2007 <LE wy MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FE FE GALLONS 3 1335 463 203 6,513,000 4 1393 542 186 14,096,000 7 1500 883 550 6,961,700 8 1500 861 474 954,000 9 1500 1125 575 6,427,000 TOTAL 34,951,700 CURRENT MONTH'S PUMPAGE IS 2,874,400 GALLONS MORE/4ERWHAN LAST MONTH 34,924,337 GALLONS MOR LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,106,600 GALLONS DAILY MAXIMUM PUMPED: 1,775,700 GALLONS DAILY AVERAGE PER CAPITA USE: 110.6 GALLONS WATER TREATMENT CHLORINE FED: 968 LBS. CALCULATED CONCENTRATION: 3.4 MG/L FLUORIDE FED: 482 LBS. CALCULATED CONCENTRATION: 0.31 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY(EXPLAIN) FLOURIDE: 2 SAMPLE(S) TAKEN CONCENTRATION: 1.01 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 17 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 NEW CUSTOMERS MXU'S 33 RESIDENTIAL: 30 COMMERCIAL: 2 INDUSTRIAL/GOVERNMENTAL: 1 COMMENTS One water main break on 1-22-07 @ 212 Dickson Court. 6" water main cracked all the way around. 500,000 gallons of water lost due to main break. P W 4f Q �o cir , United City of Yorkville E� Jam_Im WATER DEPARTMENT REPORT FEBRUARY 2007 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 463 204 6,666,000 4 1393 542 188 11,396,000 7 1500 883 552 6,599,800 8 1500 861 476 127,000 9 1500 1125 575 6,634,000 TOTAL 31,422,800 CURRENT MONTH'S PUMPAGE IS 3,528,900 GALLONS MORE ESS HAN LAST MONTH 31.394,458 GALLONS MORE LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,099,700 GALLONS DAILY MAXIMUM PUMPED: 1,635,700 GALLONS DAILY AVERAGE PER CAPITA USE: 109.9 GALLONS WATER TREATMENT CHLORINE FED: 890 LBS. CALCULATED CONCENTRATION: 2.4 MG/L FLUORIDE FED: 392 LBS. CALCULATED CONCENTRATION: 0.29 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY(EXPLAIN) FLUURIDE: 2 SAMPLE(S)TAKEN CONCENTRATION: 1.1 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 8 NUMBER OF LEAKS OR BREAKS REPAIRED: 5 NEW CUSTOMERS MXU'S 1 RESIDENTIAL: 45 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: 1 COMMENTS Total of 5 water main breaks @ 305 Center Pkwy, 202 W Main St 315 W Kendall Dr ,304 E Orange St&305 Center Pkwy. 4 breaks were on 8"water main 1 break on a 4"water main. 3,400,000 gallons lost due to break ♦,��D C/Ty Reviewed By: J� O� Leal ❑ Cit/y Co cil Esr isas Finance .� Engineer IJ" 3�►z(�1 City Administrator ❑ V Agenda Item Tracking Number p Consultant ❑ { LLE �V� City Council Agenda Item Summary Memo Title: Raintree Village Unit 5 —Letter of Credit Expiration City Council/Committee of the Whole Date: March 20,2007 Committee of the Whole Synopsis: The letter of credit covering land improvements items is due to expire on 5/1607. Recommend calling the letter of credit unless it is renewed by 5/9/07. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize City Clerk to call the letter of credit unless it is renewed by May 9, 2007. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo J '4 800 Game Farm Road EW.. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 0� ° p� Fax: 630-553-3436 Date: March 12, 2007 To: John Crois, Interim City A ' 'strator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cle Subject: Raintree Village Unit 5 —Letter of Credit Expiration Attached find a notice from Fidelity Guarantee &Acceptance Corp. that Letter of Credit No. FGAC-05167 for the referenced development will expire on May 16,2007. This letter of credit, in the current amount of$854,878.11, is to guarantee satisfactory completion of all land improvements with the exception of earthwork and erosion/sediment control for Ra.intree Village Unit 5. We will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime,however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to May 9, 2007. Please place this item on the Committee of the Whole agenda of March 20, 2007 for consideration. FIDELITY GUARANTY AND ACCEPTANCE CORP. 10707 CLAY ROAD(77041) Box 2863,,HousTox,TExAs 77252-2863 PIIoNE(713)599-2575 DATE: FEBRUARY 15,2007 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: MAYOR AND ALDERMEN CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,IL 60560 RE: RAINTREE VILLAGE-UNIT 5 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-05167 PRESENTLY FOR AN AMOUNT OF USD $854,878.11 (EIGHT HUNDRED FIFTY FOUR THOUSAND EIGHT HUNDRED SEVENTY EIGHT AND 11/100) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT`THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 16, 2007 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT., 10707 CLAY ROAD,HOUSTON,TEXAS'77041 ANY DRAWING RECEIVED AFTER MAY 16,2007 WILL BE REFUSED. PLEASE''RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS'UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND 'AMENDMENTS WILL HAVE NO - EFFECT'AND OUR LETTER OF CREDIT WILL BE CONSIDERED'EXPIRED. ACKNOWLEDGED BY_ BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 713-599- 2575 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GU ACC ANCE CORP. WILLIAM D. GUNTRUK VICE PRESIDENT CC` LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 NORTH BARRINGTON ROAD, SUITE 450 HOFFMAN ESTATES,IL 60169 7002 0460 0001 1922 9151 ,�,-D C/T y Reviewed By: J2 Legal El - � un l Finance ❑ lass Engineer 1 g ` City Administrator Agenda It/em Tracking Number Consultant El t-'l�l oa -7- City Council Agenda Item Summary Memo Title: Raintree Village Unit 6-Letter of Credit Expiration City Council/Committee of the Whole Date: March 20,2007 Committee of the Whole Synopsis: The letter of credit covering land improvements items is due to expire on 5/17/07. Recommend calling the letter of credit unless it is renewed by 5/10/07. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize City Clerk to call the letter of credit unless it is renewed by May 9, 2007. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo 800 Game Farm Road EST , 18M Yorkville, Illinois 60560 -4 : I Telephone: 630-553-8545 ® Fax: 630-553-3436 SCE `w Date: March 12, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cle Subject: Raintree Village Unit 6—Letter of Credit Expiration Attached find a notice from Fidelity Guarantee &Acceptance Corp. that Letter of Credit No. FGAC-06137 for the referenced development will expire on May 17, 2007. This letter of credit, in the current amount of$2,011,380.68, is to guarantee satisfactory completion of all land improvements with the exception of earthwork and erosion/sediment control for Raintree Village Unit 6. Last October,the City Council approved a theoretical reduction for this letter of credit,resulting in a new letter of credit amount of$1,250,203.56. The renewed letter of credit should be for this lower amount. We will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime,however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to May 10, 2007. Please place this item on the Committee of the Whole agenda of March 20, 2007 for consideration. FIDELITY GUARANTY AND AccEPTANcE CORP. 10707 CLAY ROAD(77041) Box 2863,HOUSTON,TExAs 77252-2863 PHONE(713)599-2575, DATE: FEBRUARY 16,2007 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: MAYOR AND ALDERMEN CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,IL 60560 RE: RAINTREE VILLAGE UNIT 6 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-06137 PRESENTLY FOR AN AMOUNT OF USD $2,011,380.68 (TWO MILLION ELEVEN THOUSAND THREE HUNDRED EIGHTY AND 68/100) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 17, 2007 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP.,°`ATTN` LETTER OF CREDIT DEPT.,10707 CLAY ROAD,HOUSTON,TEXAS 77041. ANY DRAWING RECEIVED AFTER MAY 17,2007 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF'CREDIT AND ALL AMENDMENTS UPON EXPIRATION FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 713-599- 2575 AS SOON AS POSSIBLE. VERY TRULY YOURS, ELITY GU ACCE ANCE CORP. .. 1 WILLIAM D. MCE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN 'KAREN BLAKE 2300 NORTH BARRINGTON ROAD, SUITE 450 HOFFMAN ESTATES,IL 60169 7002 0460 0001 1922 9168 Co. Reviewed By: Agenda Item Number J� T Legal ❑ T W 4 5 Finance ❑ esr , isas Engineer 3l�zla'1 �� y City Administrator 1-1 Tracking Number �ftd O Consultant ❑ 1`/ It. Human Resources ❑ T V" O� 7- E City Council Agenda Item Summary Memo Title: McVickers Development(Rt.47 Improvements)-Bond Reduction#1 City Council/COW Agenda Date: March 20,2007 Committee of the Whole Synopsis: Recommend a reduction of$72,640.08 based on work completed to date. The remaining amount of the bond would be $19,914.33. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: car o United City of Yorkville Memo 800 Game Farm Road ESE � ,_�18M Yorkville, Illinois 60560 Telephone: 630-553-8545 0p ' sm p Fax: 630-553-3436 r ALE Date: March 12, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer 0 CC: Lisa Pickering, Deputy City Clerk Subject: McVickers Development(Rt. 47 Improvements)—Bond Reduction#1 Developer's Surety & Indemnity Co.—Bond#717904S Attached find a request from McVickers Development, LLC to reduce their bond for Route 47 improvements. I have reviewed the request and concur with the amount of work performed to date. There were some discrepancies in the developer's spreadsheet, however, that when corrected resulted in a somewhat higher reduction. Please refer to the attached spreadsheet for details. I recommend that Developer's Surety&Indemnity Co. Bond#717904S be reduced by the amount of$72,640.08. The remaining amount of the bond would be$19,914.33. Please place this item on the March 20, 2007 Committee of Whole agenda for consideration. March 12, 2007 Letter of Credit/Bond Reduction Subdivision: McVickers Development- Route 47 Improvements Reduction No. 1 Bond/LOC No. Developer's Surety& Indemnity Co. Bond#717904S LOC/Bond Approved Original amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond to Reduction No.1 Reduction No.1 after Red. No.1 Route 47 Improvements Earthwork 7,637.00 8,400.70 7,637.00 $7,255.15 $1,145.55 Demolition 810.00 891.00 810.00 $769.50 $121.50 Utilities 39,750.00 43,725.00 39,750.00 $37,762.50 $5,962.50 Pavement 19,916.25 21,907.88 19,916.25 $18,920.44 $2,987.44 Striping 1,350.00 1,485.00 1,350.00 $1,282.50 $202.50 Erosion Control 5,028.00 5,530.80 0.00 $0.00 $5,530.80 Traffic Control & Barricades 2,000.00 2,200.00 2,000.00 $1,900.00 $300.00 Engineering & Layout 7.649.13 8.414.03 5.000.00 $4,749.99 $3,664.04 Totals $84,140.38 $92,554.41 $76,463.25 $72,640.08 $19,914.33 Notes: a) LOC/Bond amt. to be 15%of substantially completed items plus 110%of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10%at final acceptance. Ald McVickers Development,LLC March 12, 2007 Via a-Mail: iwywrot(cDyorkville.il.us Mr. Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Request for Reduction of IDOT Bond#1014075 Cannonball Trail and Route 47 Yorkville, Illinois Dear Joe: McVickers Yorkville, L.L.C. has successfully completed the Route 47 improvements, with the exception of the erosion control/seeding, as evidenced by the attached letter from IDOT dated January 18, 2007. We will complete this work when Spring arrives. McVickers Yorkville is hereby requesting a $68,366.79 reduction of our $92,554.41 IDOT Bond, leaving a balance of $24,187.62. We have also attached our calculation of these amounts. We would appreciate if you would present this request to the Board for approval at the earliest opportunity. If you have any further questions in this regard, please feel free to contact me directly. Very truly yours, Jam,, L. T4+s*1'. John L. Thompson Vice President JLT/klg Enclosures 2800 West Higgins Road,Suite 650•Hoffman Estates,IL 60195•Phone:847.884.4825•Fax:847.884.4827-www.mcviCkers.net Illinois Department of Transportation Division of Highways/Region 2/District 3 700 East Norris Drive/Ottawa, Illinois/61350-0697 Telephone 815/434-6131 C January 18, 2007 t-1 s1, 3 2007 CRAIG-Ps. KNOCHE 3:ASSOCIATES. P.G.. United City of Yorkville for McVickers Development c/o Craig R. Knoche & Assoc. 1161 Commercial Drive Geneva, IL 60134 Permit: 3-9264-06 Marked Route: IL 47 County: Kendall Type of Work: Commercial Entrance Job No.: N/A Gentlemen: You have reported work on the above permit complete. However, during an inspection of the site, the following deficiencies were noted: • Area needs landscaping. These deficiencies must be corrected and notification received in this office by August 1, 2007. Final acceptance will be held in abeyance until this is accomplished. If additional information or clarification is required, contact Rich Ballerini, Permit Section Chief, at (815) 434-8490. Sincerely, Diane O'Keefe, P.E. Deputy Director of Highways Regional Engineer By: Dan L. Mestelle, P.E. Program Development Engineer cc: J. Humenick Reviewed By: Agenda Item Number .0 Legal ❑ --to 1� Finance ❑ �`' EST. 1836 Engineer ;1� ' s y City Administrator F1 Tracking Number 9 �� 0 Consultant 1:1" Human Resources El Y ��c I LE City Council Agenda Item Summary Memo Title: Grande Reserve Unit 12—Outfall Storm Sewer LOC Reduction#1 City Council/COW Agenda Date: March 20,2007 Committee of the Whole Synopsis: This reduction is based on work completed to date. Recommend a reduction in the amount of$228,019.95. The remaining letter of credit amount would be $46,054.66. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C o United City of Yorkville Memo + 'A 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 ° p Fax: 630-553-3436 <LE `w Date: March 13,2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Clerk Subject: Grande Reserve Unit 12—Outfall Storm Sewer LOC Reduction#1 LaSalle Bank LOC#5587587 Attached fmd a request from Pasquinelli Homes to reduce the letter of credit for the outfall storm sewer for Grande Reserve Unit 12. I have reviewed the request and concur with the amount of work constructed to date. Unit 12 is part of the original"Neighborhood 3 & 5 Model Areas", and the approved cost estimate was for the model areas. Afterward the developer had a more detailed cost estimate prepared with differing quantities and unit prices and the letter of credit was based on that more updated estimate. For the purposes of this reduction,I have used the developer's updated estimate because that estimate and the letter of credit were for higher amounts than the approved estimate. Please refer to the attached spreadsheet for details. I recommend that LaSalle Bank Letter of Credit No. S587587 be reduced by the amount of$228,019.95. The remaining amount of the letter of credit would be $46,054.66.Please place this item on the March 20,2007 Committee of Whole agenda for consideration. 13-Mar-07 Letter of Credit/Bond Reduction Subdivision: Grande Reserve- Unit 12 Reduction No. 1 (Outfall Storm Sewer LOC) Bond/LOC No. LaSalle Bank LOC#S587587 LOC/Bond Approved Theoretical amt. Actual amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond for LOC/Bond to Reduction No.1 Reduction No.1 after Red. No.1 Excavation &Grading $204,868.00 $225,354.80 $274,074.61 $240,021.00 $228,019.95 $46,054.66 Totals $204,868.00 $225,354.80 $274,074.61 $240,021.00 $228,019.95 $46,054.66 Notes: a) LOC/Bond amt. to be 15%of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10%at final acceptance. PASQUINELLI HOMES LLC 535 Plainfield Road Phone: (630)325-4500 Suite E Phone: (630)325-0935 Willowbrook,IL 60527 Email: joel.superfine @pasquinelli.com Joel Superfine Land Development Representative February 16, 2007 Mr. Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Grande Reserve—Neighborhood 5, Unit 12 —Letter of Credit Reduction Request#1 —LaSalle Bank 4S587587 Dear Mr. Wywrot: Please find enclosed our request for a reduction in the Letter of Credit posted for an outfall storm sewer at Grande Reserve Subdivision,Neighborhood 5. Please find enclosed the following for your use: 1. Letter of Credit reduction summary for Public Improvements 2. Original Engineer's Estimate with reduction notes 3. Initial Letter of Credit information from LaSalle Bank N.A. Based on the current status of the project we are respectfully requesting City approval of a letter of credit reduction to a revised balance of$46,054.66. LaSalle Bank N.A. Letter of Credit, number S587587, is currently issued in the amount of$274,074.61. If you have a chance, please review this in the next few days and I will call you during the middle of next week to discuss the next step(s)to take. Thank you for your time and considerations. Sincerely, Superfine Land Development Representative Enclosures Cc: Jim Wallin, Pasquinelli Homes Rick Murphy, Pasquinelli Homes Randy Blocker, Pasquinelli Homes `,QED C/p y Reviewed By: Agenda Item Number Legal ❑ P EST. , 1836 Finance 3�31a7 ineer En g Tracking Number O g x y City Administrator ❑ �� `�O Consultant ❑ � ! ��•7, �� Human Resources El`E W City Council Agenda Item Summary Memo Title: Grande Reserve Unit 12—Site Development LOC Reduction#1 City Council/COW Agenda Date: March 20,2007 Committee of the Whole Synopsis: This reduction is based on work completed to date. Recommend a reduction in the amount of$156,343.53. The remaining letter of credit amount would be $52,868.53. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: car o United City of Yorkville Memo J -0 800 Game Farm Road E .. 1936 Yorkville, Illinois 60560 4 ` Telephone: 630-553-8545 09 Fax: 630-553-3436 <It E ��•�` Date: March 13, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Clerk Subject: Grande Reserve Unit 12—Site Development LOC Reduction#1 LaSalle Bank LOC#5585960 Attached fmd a request from Pasquinelli Homes to reduce the letter of credit for the Site Development Permit for Grande Reserve Unit 12. I have reviewed the request and concur with the amount of work constructed to date. Since the wetland and naturalized areas were only planted last year,however,I recommend that we only acknowledge that 75% of that work is complete rather than the 100%requested by the developer. Unit 12 is part of the original"Neighborhood 3 & 5 Model Areas", and the approved cost estimate was for the model areas. Afterward the developer had a more detailed cost estimate prepared with differing quantities and unit prices and the letter of credit was based on that more updated estimate. For the purposes of this reduction, I have used the developer's updated quantities,but the unit prices from the approved estimate of probable cost. Please refer to the attached spreadsheet for details. I recommend that LaSalle Bank Letter of Credit No. 5585960 be reduced by the amount of$156,343.20. The remaining amount of the letter of credit would be$52,868.53. Please place this item on the March 20, 2007 Committee of Whole agenda for consideration. 13-Mar-07 Letter of Credit/Bond Reduction Subdivision: Grande Reserve- Unit 12 Reduction No. 1 (Site Development Permit LOC) Bond/LOC No. LaSalle Bank LOC#S585960 LOC/Bond Approved Theoretical amt. Actual amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond for LOC/Bond to Reduction No.1 Reduction No.1 after Red. No.1 Excavation&Grading $211,257.25 $232,382.98 $209,211.73 $188,962.57 $156,343.20 $52,868.53 Totals $211,257.25 $232,382.98 $209,211.73 $188,962.57 $156,343.20 $52,868.53 Notes: a)LOC/Bond amt. to be 15% of substantially completed items plus 110%of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. Approved EOPC Item Quantily Unit Unit Price Total Cost Percent Complete Cost Complete Topsoil Excavation 15535 CY $1.80 $27,963.00 100 $27,963.00 Clay Excavation 57316 CY $2.00 $114,632.00 100 $114,632.00 Topsoil Respread 11251 CY $1.95 $21,939.45 60 $13,163.67 Temp. Seeding 0 AC $1,300.00 $0.00 $0.00 Emergent Seeding 0.3 AC $17,500.00 $5,250.00 75 $3,937.50 Wet Prairie Seeding 3.6 AC $2,700.00 $27,500.00 75 $20,625.00 Prairie Seeding 0.6 AC $2,700.00 $1,620.00 75 $1,215.00 Construction Entrance 1 EA $2,500.00 $2,500.00 100 $2,500.00 Erosion Control 1 LS $5,000.00 $5,000.00 50 $2,500.00 Silt Fence 3033 LF $1.60 $4,852.80 50 $2,426A 0 Totals $211,257.25 $188,962.57 PASQUINELLI HOMES LLC 535 Plainfield Road Phone: (630)325-4500 Suite E Phone: (630)325-0935 Willowbrook,IL 60527 Email: joel.superfine @pasquinelli.com Joel Superfine Land Development Representative February 16, 2007 Mr. Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Grande Reserve—Neighborhood 5, Unit 12 & Pond 8N—Letter of Credit Reduction Request #1 —LaSalle Bank#S585960 Dear Mr. Wywrot: Please find enclosed our request for a reduction in the Letter of Credit posted for earthwork at Grande Reserve Subdivision,Neighborhood 5 and Pond 8N. Please find enclosed the following for your use: 1. Letter of Credit reduction summary for Public Improvements 2. Original Engineer's Estimate with reduction notes 3. Initial Letter of Credit information from LaSalle Bank N.A. Based on the current status of the project we are respectfully requesting City approval of a letter of credit reduction to a revised balance of$41,041.72. LaSalle Bank N.A. Letter of Credit, number S585960, is currently issued in the amount of$209,211.76. If you have a chance,please review this in the next few days and I will call you during the middle of next week to discuss the next step(s)to take. Thank you for your time and considerations. Sincerely, r'4a Superfine Land Development Representative Enclosures Cc: Jim Wallin, Pasquinelli Homes Rick Murphy, Pasquinelli Homes Randy Blocker, Pasquinelli Homes Co.y Reviewed By: Agenda Item Number J� �•n Legal ❑ -D =6 Engineer 4 S EST Finance Engineer �,,w 31,-11'' Q 0 y City Administrator El City Number �C 2o Human Re ourtces ❑ VW aC07J lLE w City Council Agenda Item Summary Memo Title: Grande Reserve Units 13 & 19a—Site Development LOC Reduction#1 City Council I COW Agenda Date: March 20,2007 Committee of the Whole Synopsis: This reduction is based on work completed to date. Recommend a reduction in the amount of$186,173.74. The remaining letter of credit amount would be $66,340.40. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: J,z United City of Yorkville Memo 800 Game Farm Road M. 1 Ian Yorkville, Illinois 60560 -4 \ Telephone: 630-553-8545 0� � p Fax: 630-553-3436 V.,W"d ., `mss <LE `vim Date: March 13, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer 1� CC: Lisa Pickering, Deputy City Clerk 1 Subject: Grande Reserve Units 13 & 19a—Site Development LOC Reduction#1 LaSalle Bank LOC#5585959 Attached fmd a request from Pasquinelli Homes to reduce the letter of credit for the Site Development Permit for Grande Reserve Units 13 and 19a(initial excavation needed to serve Unit 13 only). I have reviewed the request and concur with the amount of work constructed to date. Since the wetland and naturalized areas were only planted last year, however, I recommend that we only acknowledge that 75%of that work is complete rather than the 100%requested by the developer. Unit 13 is part of the original "Neighborhood 3 & 5 Model Areas", and the approved cost estimate was for the model areas. Afterward the developer had a more detailed cost estimate prepared with differing quantities and unit prices and the letter of credit was based on that more updated estimate. For the purposes of this reduction,I have used the developer's updated quantities,but the unit prices from the approved estimate of probable cost. Please refer to the attached spreadsheet for details. I recommend that LaSalle Bank Letter of Credit No. 5585959 be reduced by the amount of$186,173.74. The remaining amount of the letter of credit would be $66,340.40. Please place this item on the March 20,2007 Committee of Whole agenda for consideration. 13-Mar-07 Letter of Credit/Bond Reduction Subdivision: Grande Reserve-Units 13&19a Reduction No. 1 (Site Development Permit LOC) Bond/LOC No. LaSalle Bank LOC#S585959 LOC/Bond Approved Theoretical amt. Actual amount Amount complete prior Amount of Amount to remain Item Eno. Est. for LOC/Bond for LOC/Bond to Reduction No.1 Reduction No.1 after Red. No.1 Excavation&Grading $277,921.85 $305,714.04 $252,514.14 $251,972.25 $186,173.74 $66,340.40 Totals $277,921.85 $305,714.04 $252,514.14 $251,972.25 $186,173.74 $66,340.40 Notes: a)LOC/Bond amt.to be 15%of substantially completed items plus 110%of uncompleted items prior to final acceptance. b)LOC/Bond reduced to 10%at final acceptance. Approved EOPC Item Quanti Unit Unit Price Total Cost Percent Complete Cost Complete Topsoil Excavation 37416 CY $1.80 $67,348.80 100 $67,348.80 Clay Excavation 52241 CY $2.00 $104,482.00 100 $104,482.00 Topsoil Respread 15143 CY $1.95 $29,528.85 100 $29,528.85 Temp. Seeding 4.71 AC $1,300.00 $6,123.00 100 $6,123.00 Emergent Seeding 0.2 AC $17,500.00 $3,500.00 75 $2,625.00 Wet Prairie Seeding 1.1 AC $2,700.00 $27,500.00 75 $20,625.00 Prairie Seeding 0.4 AC $2,700.00 $1,080.00 75 $810.00 Construction Entrance 1 EA $2,500.00 $2,500.00 100 $2,500.00 Erosion Control 1 LS $25,000.00 $25,000.00 50 $12,500.00 Silt Fence 6787 LF $1.60 $10,859.20 50 $5,429.60 Totals $277,921.85 $251,972.25 PASQUINELLI HOMES LLC 535 Plainfield Road Phone: (630)325-4500 Suite E Phone: (630)325-0935 Willowbrook,IL 60527 Email: joel.superfine @pasquinelli.com Joel Superfine Land Development Representative February 16, 2007 Mr. Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Grande Reserve—Neighborhood 3, Units 13 & 19 (1st part)—Letter of Credit Reduction Request#1 —LaSalle Bank#S585959 Dear Mr. Wywrot: Please find enclosed our request for a reduction in the Letter of Credit posted for earthwork at Grande Reserve Subdivision,Neighborhood 3 and Pond 10S. Please find enclosed the following for your use: 1. Letter of Credit reduction summary for Public Improvements 2. Original Engineer's Estimate with reduction notes 3. Initial Letter of Credit information from LaSalle Bank N.A. Based on the current status of the project we are respectfully requesting City approval of a letter of credit reduction to a revised balance of$43,213.53. LaSalle Bank N.A. Letter of Credit,number 5585959, is currently issued in the amount of$252,514.14. If you have a chance, please review this in the next few days and I will call you during the middle of next week to discuss the next step(s) to take. Thank you for your time and considerations. Sincerely, r,-� Superfine Land Development Representative Enclosures Cc: Jim Wallin, Pasquinelli Homes Rick Murphy, Pasquinelli Homes Randy Blocker, Pasquinelli Homes C/Ty Reviewed By: Agenda Item Number Jam ' T Legal ❑ ,, I Finance El ia�s Engineer ;9 � 31�31�� -< g City Administrator ❑ Tracking Number O'Q Consultant ❑ r Human Resources ❑ T' City Council Agenda Item Summary Memo Title: Grande Reserve Units 14, 18, 19b, &25 —Site Development LOC Reduction#1 City Council/COW Agenda Date: March 20,2007 Committee of the Whole Synopsis: This reduction is based on work completed to date. Recommend a reduction in the amount of$545,717.31. The remaining letter of credit amount would be $141,393.37. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Cl,?-o United City of Yorkville Memo J -16 800 Game Farm Road 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 �� Fax: 630-553-3436 SCE Date: March 13, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer\" CC: Lisa Pickering,Deputy City Clerk Subject: Grande Reserve Units 14, 18, 19b, and 25—Site Development LOC Red. #1 LaSalle Bank LOC#5590245 Attached find a request from Pasquinelli Homes to reduce the letter of credit for the Site Development Permit that includes Grande Reserve Units 14, 18, 19b (additional excavation needed to serve Units 14, 18, and 25), and 25. I have reviewed the request and concur with the amount of work constructed to date. Since the wetland and naturalized areas were only planted last year,however, I recommend that we only acknowledge that 75%of that work is complete rather than the 100%requested by the developer. Please refer to the attached spreadsheet for details. I recommend that LaSalle Bank Letter of Credit No. 5590245 be reduced by the amount of$545,717.31. The remaining amount of the letter of credit would be$141,393.37. Please place this item on the March 20, 2007 Committee of Whole agenda for consideration. 13-Mar-07 Letter of Credit/Bond Reduction Subdivision: Grande Reserve-Unit 14(also includes Units 18, 19b, and 25) Reduction No. 1 (Site Development Permit LOC) Bond/LOC No. LaSalle Bank LOC#S590245 LOC/Bond Approved Theoretical amt. Actual amount Amount complete prior Amount of Amount to remain Item Eno. Est. for LOC/Bond for LOC/Bond to Reduction No.1 Reduction No.1 after Red. No.1 Excavation &Grading $624,646.08 $687,110.69 $687,110.68 $574,439.28 $545,717.31 $141,393.37 Totals $624,646.08 $687,110.69 $687,110.68 $574,439.28 $545,717.31 $141,393.37 Notes: a) LOC/Bond amt.to be 15%of substantially completed items plus 110%of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10%at final acceptance. Approved EOPC Item Quantily Unit Unit Price Total Cost Percent Complete Cost Complete Topsoil Excavation 88860 CY $1.60 $142,176.00 100 $142,176.00 Clay Excavation 135917 CY $2.00 $271,834.00 100 $271,834.00 Topsoil Respread 50788 CY $1.95 $99,036.60 80 $79,229.28 Temp. Seeding 0 AC $1,300.00 $0.00 0 $0.00 Emergent Seeding 0.6 AC $17,500.00 $10,500.00 75 $7,875.00 Wet Prairie Seeding 13.5 AC $2,700.00 $36,450.00 75 $27,337.50 Prairie Seeding 1.9 AC $2,700.00 $5,130.00 75 $3,847.50 Construction Entrance 0 EA $2,500.00 $0.00 0 $0.00 Erosion Control 1 LS $10,000.00 $10,000.00 50 $5,000.00 Silt Fence 39616 LF $1.25 $49,520.DO 75 $37,140.00 Totals $624,646.60 $574,439.28 PASQUINELLI HOMES LLC 535 Plainfield Road Phone: (630)325-4500 Suite E Phone: (630)325-0935 Willowbrook,IL 60527 Email: joel.superfine @pasquinelli.com Joel Superfine Land Development Representative February 16, 2007 Mr. Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 IS RE: Grande Reserve—Neighborhood 3, Units 14,X,25& 19 (2nd part) —Letter of Credit Reduction Request#1 —LaSalle Bank#S590245 Dear Mr. Wywrot: Please find enclosed our request for a reduction in the Letter of Credit posted for earthwork at Grande Reserve Subdivision,Neighborhood 3. Please find enclosed the following for your use: 1. Letter of Credit reduction summary for Public Improvements 2. Original Engineer's Estimate with reduction notes 3. Initial Letter of Credit information from LaSalle Bank N.A. Based on the current status of the project we are respectfully requesting City approval of a letter of credit reduction to a revised balance of$129,024.74. LaSalle Bank N.A. Letter of Credit, number S590245, is currently issued in the amount of$687,110.68. If you have a chance, please review this in the next few days and I will call you during the middle of next week to discuss the next step(s) to take. Thank you for your time and considerations. Sincerely, C;oel Superfine Land Development Representative Enclosures Cc: Jim Wallin, Pasquinelli Homes Rick Murphy, Pasquinelli Homes Randy Blocker, Pasquinelli Homes C/Ty Reviewed By: Agenda Item Number J2 O� Legal ❑ 1 ® Finance ❑ EST. 1836 1 _ Engineer 31��►(�'' City Administrator ❑ Tracking Number Consultant ❑ �� / �� 7' �`� Human Resources ❑ /`! City Council Agenda Item Summary Memo Title: Grande Reserve Units 15 &22—Site Development LOC Reduction#1 City Council/COW Agenda Date: March 20,2007 Committee of the Whole Synopsis: This reduction is based on work completed to date. Recommend a reduction in the amount of$406,832.62. The remaining letter of credit amount would be $98,429.89. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C/Ty United City of Yorkville Memo 800 Game Farm Road esr 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 0� � p Fax: 630-553-3436 K.01" SCE ��'�• Date: March 13, 2007 To: John Crois, Interim City Admini trator From: Joe Wywrot, City Engineer , CC: Lisa Pickering, Deputy City Clerk Subject: Grande Reserve Units 15 &22—Site Development LOC Reduction#1 LaSalle Bank LOC#5590244 Attached find a request from Pasquinelli Homes to reduce the letter of credit for the Site Development Permit for Grande Reserve Units 15 and 22. I have reviewed the request and concur with the amount of work constructed to date. Since the wetland and naturalized areas were only planted last year,however, I recommend that we only acknowledge that 75%of that work is complete rather than the 100%requested by the developer. Please refer to the attached spreadsheet for details. I recommend that LaSalle Bank Letter of Credit No. 5590244 be reduced by the amount of$406,832.62. The remaining amount of the letter of credit would be$98,429.89. Please place this item on the March 20, 2007 Committee of Whole agenda for consideration. 13-Mar-07 Letter of Credit/Bond Reduction Subdivision: Grande Reserve-Units 15,22, &Outfall Storm Sewer Reduction No. 1 (Site Development Permit LOC) Bond/LOC No. LaSalle Bank LOC#S590244 LOC/Bond Approved Theoretical amt. Actual amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond for LOC/Bond to Reduction No.1 Reduction No.1 after Red. No.1 Excavation&Grading $409,623.55 $450,585.91 $450,585.91 $378,538.86 $359,611.92 $90,973.99 Outfall Storm Sewer $49,706.00 $54,676.60 $54,676.60 $49,706.00 $47,220.70 $7,455.90 Totals $459,329.55 $505,262.51 $505,262.51 $428,244.86 $406,832.62 $98,429.89 Notes: a)LOC/Bond amt. to be 15% of substantially completed items plus 110%of uncompleted items prior to final acceptance. b)LOC/Bond reduced to 10% at final acceptance. Approved EOPC Item Quantity Unit Unit Price Total Cost Percent Complete Cost Complete Topsoil Excavation 132048 CY $1.60 $211,276.80 100 $211,276.80 Clay Excavation 40504 CY $2.00 $81,008.00 100 $81,008.00 Topsoil Respread 40150 CY $1.95 $78,292.50 75 $58,719.38 Temp. Seeding 0 AC $1,300.00 $0.00 $0.00 Emergent Seeding 0.3 AC $17,500.00 $5,250.00 75 $3,937.50 Wet Prairie Seeding 4.9 AC $2,700.00 $13,230.00 75 $9,922.50 Prairie Seeding 1.6 AC $2,700.00 $4,320.00 75 $3,240.00 Construction Entrance 0 EA $2,500.00 $0.00 $0.00 Erosion Control 1 LS $7,000.00 $7,000.00 50 $3,500.00 Silt Fence 7397 LF $1.25 $9,246.25 75 $6,934.69 Totals $409,623.55 $378,538.86 PASQUINELLI HOMES LLC 535 Plainfield Road Phone: (630)325-4500 Suite E Phone: (630)325-0935 Willowbrook, IL 60527 Email: joel.superfine @pasquinelli.com Joel Superfine Land Development Representative February 16, 2007 Mr. Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Grande Reserve—Neighborhood 5, Units 15 & 22—Letter of Credit Reduction Request#1 — LaSalle Bank#S590244 Dear Mr. Wywrot: Please find enclosed our request for a reduction in the Letter of Credit posted for earthwork and an outfall storm sewer at Grande Reserve Subdivision,Neighborhood 5. Please find enclosed the following for your use: 1. Letter of Credit reduction summary for Public Improvements 2. Original Engineer's Estimate with reduction notes 3. Initial Letter of Credit information from LaSalle Bank N.A. Based on the current status of the project we are respectfully requesting City approval of a letter of credit reduction to a revised balance of$93,014.89. LaSalle Bank N.A. Letter of Credit, number S590244, is currently issued in the amount of$505,262.51. If you have a chance, please review this in the next few days and I will call you during the middle of next week to discuss the next step(s) to take. Thank you for your time and considerations. Sincerely, Superfine Land Development epresentative Enclosures Cc: Jim Wallin, Pasquinelli Homes Rick Murphy, Pasquinelli Homes Randy Blocker, Pasquinelli Homes CO.y Reviewed By: Agenda Item Number .0 Legal ❑ �� l Finance Q EST. � '106 Engineer 31•;t o t City Administrator El Tracking Number �!I � '�O Consultant El C �`E Human Resources El City Council Agenda Item Summary Memo Title: Grande Reserve Units 20 &21 —Site Development LOC Reduction#1 City Council/COW Agenda Date: March 20, 2007 Committee of the Whole Synopsis: This reduction is based on work completed to date. Recommend a reduction in the amount of$103,850.68. The remaining letter of credit amount would be $25,075.38. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo '" 800 Game Farm Road Esr 1836 Yorkville, Illinois 60560 4 ` Telephone: 630-553-8545 0� p� Fax: 630-553-3436 4L. Date: March 13, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk Subject: Grande Reserve Units 20 &21 —Site Development LOC Reduction#1 LaSalle Bank LOC#S590434 Attached find a request from Pasquinelli Homes to reduce the letter of credit for the Site Development Permit for Grande Reserve Units 20 and 21. I have reviewed the request and concur with the amount of work constructed to date. Please refer to the attached spreadsheet for details. I recommend that LaSalle Bank Letter of Credit No. 5590434 be reduced by the amount of$103,850.68. The remaining amount of the letter of credit would be$25,075.38. Please place this item on the March 20, 2007 Committee of Whole agenda for consideration. 13-Mar-07 Letter of Credit/Bond Reduction Subdivision: Grande Reserve- Units 20&21 Reduction No. 1(Site Development Permit LOC) Bond/LOC No. LaSalle Bank LOC#S590434 LOC/Bond Approved Theoretical amt. Actual amt. Amount complete prior Amount of Amount to remain Item Eno. Est. for LOC/Bond for LOC/Bond to Reduction No.1 Reduction No.1 after Red. No.1 Earthwork $111,080.50 $122,188.55 $122,188.55 $106,654.00 $101,321.30 $20,867.25 Erosion Control $6,125.00 $6,737.50 $6,737.50 $2,662.50 $2,529.38 $4,208.13 Totals $117,205.50 $128,926.05 $128,926.05 $109,316.50 $103,850.68 $25,075.38 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110%of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10%at final acceptance. PASQUINELLI HOMES LLC 535 Plainfield Road Phone: (630)3254500 Suite E Phone: (630)325-0935 Willowbrook,IL 60527 Email: joel.superfine @pasquinelli.com Joel Superfine Land Development Representative February 16, 2007 Mr. Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Grande Reserve—Neighborhood 2—Letter of Credit Reduction Request#1 —LaSalle Bank #S590434 Dear Mr. Wywrot: Please find enclosed our request for a reduction in the Letter of Credit posted for earthwork at Grande Reserve Subdivision,Neighborhood 2. Please find enclosed the following for your use: 1. Letter of Credit reduction summary for Public Improvements 2. Original Engineer's Estimate with reduction notes 3. Initial Letter of Credit information from LaSalle Bank N.A. Based on the current status of the project we are respectfully requesting City approval of a letter of credit reduction to a revised balance of$25,075.38. LaSalle Bank N.A. Letter of Credit, number S590434, is currently issued in the amount of$128,926.05. If you have a chance, please review this in the next few days and I will call you during the middle of next week to discuss the next step(s)to take. Thank you for your time and considerations. Sincerely, <5:e�lSupperfine Land Development Representative Enclosures Cc: Jim Wallin, Pasquinelli Homes Rick Murphy, Pasquinelli Homes Randy Blocker, Pasquinelli Homes C/p y Reviewed By: Agenda Item Number J? -AA Legal ❑ P Val -4 1 a E9r. , 1836 Finance ❑ 3��31a"1 Engineer y City Administrator ❑ Tracking Number Consultant El "P t - l ��r7_ �r tE Human Resources ❑ �^' l City Council Agenda Item Summary Memo Title: Grande Reserve Units 23, 26, &27- Site Development LOC Reduction#1 City Council/COW Agenda Date: March 20, 2007 Committee of the Whole Synopsis: This reduction is based on work completed to date. Recommend a reduction in the amount of$277,791.10. The remaining letter of credit amount would be $654,912.65. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EST. 1 lass Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 SCE Date: March 13, 2007 To: John Crois,Interim City Administr'at`\or From: Joe Wywrot, City Engineer\J\ l� CC: Lisa Pickering,Deputy City Clerk Subject: Grande Reserve Units 23, 26, &27—Site Development LOC Reduction#1 LaSalle Bank LOC#5590433 Attached find a request from Pasquinelli Homes to reduce the letter of credit for the Site Development Permit for Grande Reserve Units 23,26,and 27. I have reviewed the request and concur with the amount of work constructed to date. Since the wetland and naturalized areas were only planted last year, however, I recommend that we only acknowledge that 50%of that work is complete rather than the 80%requested by the developer. Please refer to the attached spreadsheet for details. I recommend that LaSalle Bank Letter of Credit No. S590433 be reduced by the amount of$277,791.10. The remaining amount of the letter of credit would be$654,912.65. Please place this item on the March 20,2007 Committee of Whole agenda for consideration. 13-Mar-07 Letter of Credit/Bond Reduction Subdivision: Grande Reserve-Units 23,26, &27 Reduction No. 1(Site Development Permit LOC) Bond/LOC No. LaSalle Bank LOC#S590433 LOC/Bond Approved Theoretical amt. Actual amt. Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond for LOC/Bond to Reduction No.1 Reduction No.1 after Red. No.1 Earthwork $751,048.50 $826,153.35 $826,153.35 $274,614.42 $260,883.70 $565,269.65 Outfall Storm Sewer $94,751.00 $104.226.10 $106.550.40 $15,350.63 $16.907.40 $89.643.00 Totals $845,799.50 $930,379.45 $932,703.75 $289,965.05 $277,791.10 $654,912.65 Notes: a) LOC/Bond amt.to be 15%of substantially completed items plus 110%of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10%at final acceptance. Approved EOPC Item Quantity Unit Unit Price Total Cost Percent Complete Cost Complete Topsoil Excavation 170680 CY $1.60 $273,088.00 35 $95,580.80 Clay Excavation 143320 CY $2.00 $286,640.00 35 $100,324.00 Topsoil Respread 70735 CY $1.95 $137,933.25 50 $68,966.63 Temp. Seeding 0 AC $1,300.00 $0.00 $0.00 Emergent Seeding 0.43 AC $17,500.00 $7,525.00 50 $3,762.50 Wet Prairie Seeding 2.82 AC $2,700.00 $7,614.00 50 $3,807.00 Prairie Seeding 1.61 AC $2,700.00 $4,347.00 50 $2,173.50 Construction Entrance 0 EA $2,500.00 $0.00 0 $0.00 Erosion Control 1 LS $16,000.00 $16,000.00 40 $6,400.00 Silt Fence 14321 LF $1.25 $17,901.25 50 $8,950.63 Totals $751,048.50 $289,965.05 PASQUINELLI HOMES LLC 535 Plainfield Road Phone: (630)325-4500 Suite E Phone: (630)325-0935 Willowbrook,IL 60527 Email: joel.superfine @pasquinelli.com Joel Superfine Land Development Representative February 16, 2007 Mr. Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Grande Reserve—Neighborhood 1 —Letter of Credit Reduction Request#1 —LaSalle Bank #S590433 Dear Mr. Wywrot: Please find enclosed our request for a reduction in the Letter of Credit posted for earthwork and an outfall storm sewer at Grande Reserve Subdivision,Neighborhood 1. Please find enclosed the following for your use: 1. Letter of Credit reduction summary for Public Improvements 2. Original Engineer's Estimate with reduction notes 3. Initial Letter of Credit information from LaSalle Bank N.A. Based on the current status of the project we are respectfully requesting City approval of a letter of credit reduction to a revised balance of$594,672.45. LaSalle Bank N.A. Letter of Credit, number S590433, is currently issued in the amount of$932,703.75. If you have a chance, please review this in the next few days and I will call you during the middle of next week to discuss the next step(s)to take. Thank you for your time and considerations. Sincerely, e Superfine Land Development Representative Enclosures Cc: Jim Wallin, Pasquinelli Homes Rick Murphy, Pasquinelli Homes Randy Blocker, Pasquinelli Homes CO.y Reviewed By: Agenda Item Number T Legal ❑ leas esMT. � - Finance El Engineer �. ��z�°� Tracking Number �9 City Administrator ❑ O '20 Consultant ❑ �A ac)c' 7- 5(o Human Resources <<E �V City Council Agenda Item Summary Memo Title: In-Town Road Program (Phase 2 Roadways)—Bid Results City Council/COW Agenda Date: March 20, 2007 Committee of the Whole Synopsis: Bids were received on March 8,2007 for the referenced project. Recommend award to the low bidder,Aurora Blacktop, Inc., for the amount of$1,232,735.79. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Air o United City of Yorkville Memo 800 Game Farm Road EW. 1696 Yorkville, Illinois 60560 4 Telephone: 630-553-8545 0� p Fax: 630-553-3436 CE Date: March 12, 2007 To: John Crois,Interim City Administrator\\ From: Joe Wywrot, City Engineer � CC: Lisa Pickering, Deputy City Clerk Sue Mika,Finance Director Subject: In-Town Road Program(Phase 2 Roadways)—Bid Results Bids were opened on March 8, 2007 for the referenced project. This project consists of roadway reconstruction at various locations on Hydraulic,Van Emmon,Madison, Fox, Washington, Orange, Morgan, Adams, Heustis, and Mill Streets. The following bids were received: Aurora Blacktop, Inc. $1,232,735.79 1065 Sard Avenue Montgomery, Illinois 60538 K-Five Construction Corp. $1,686,821.82 13769 Main Street Lemont, Illinois 60439 Engineer's Estimate $1,956,694.35 Please refer to the attached letter from Smith Engineering regarding the bid prices. Aurora Blacktop constructed the roadways for Phase 1 of the In-Town Program, as well as many other roadway projects in town. We have a very good working relationship with them. I recommend that the contract for construction of the In-Town Road Program(Phase 2 Roadways)be awarded to Aurora Blacktop, Inc. for the bid amount of$1,232,735.79. Please place this item on the March 20, 2007 Committee of the Whole agenda for consideration. Smith Engineering Consultants Civil/Structural Engineers and Surveyors March 12, 2007 Mr. Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Yorkville 2007 Road Improvement Project Bid Tabulation SEC Job No.: YORK-040818-3 Dear Mr. Wywrot: Bids were received at 11 a.m. on March 8, 2007 for the above referenced project. This project consists of roadway construction on Madison Street, Van Emmon Street, Hydraulic Avenue, Morgan Street, Adams Street, Adams Street (North), Orange Street, Washington Street, Fox Street, Huestis Street, and Mill Street. The following bids were received: Aurora Blacktop, Inc. $ 1,231,735.64 (as read) $ 1,232,735.79 (as corrected) K-Five Construction Corporation $ 1,686,821.82 (as read) $ 1,686,821.82 (no correction needed) Engineer's Estimate $ 1,956,694.35 A review of the bids reveals that for most items the unit prices of the bidder and the engineer were comparable. There was a very large difference in the unit price for pulverization of the existing roadways,where the bidder's unit price was $2.50/SY and the engineer's estimate was $15.00/SY. There was also a very large difference in the unit prices for HMA surface and HMA binder, where the bidder's unit prices were $45.15/ton and$53.75/ton while the engineer's estimate was $65.00/ton and$70.00/ton respectively. There were several other pay items with smaller but still significant differences, such as earth excavation, seeding, HMA shoulder, and aggregate base course that accounted for the bulk of the difference between the low bid and the engineer's estimate. There was one item that was different in cost between the as read and as corrected bid amount for Aurora Blacktop. The item was Concrete Curb and Gutter, Type B-6.12,with a difference of $0.15. The other difference in the as read and as corrected numbers was a page subtotal on the schedule of prices in the amount of$1,000.00. Illinois ■ Texas A division of SEC Group,Inc. 759 John Street,Yorkville,IL 60560 t. 630.553.7560 f. 630.553.7646 www.secgroupinc.com Mr.Joe Wywrot United City of Yorkville Yorkville Road Improvement Program SEC Job No.:YORK-040818-3 March 12,2007 Page 2 Based on the results of the bid, I recommend that the contract for this project be awarded to Aurora Blacktop, Inc. for the amount of$1,232,735.79. If you have any questions or need any additional information, I can be reached at (630) 553- 7560. Sincerely, SMITH ENGINEERING CONSULTANTS Camie R. Ferrier, P.E. Civil Engineer III CRF/jmk Enclosure cc: Mr. Eric Dhuse -Yorkville Public Works Y:\Jobs\Smith\2004\040818_York_Road\correspondence\letters\040818-Wywrot-roadway bid tabulation-031207-crf.doc Co. Reviewed By: Agenda Item Number Legal ❑ r sr �s�s Finance F1 E 1 Engineer Tracking Number y City Administrator F1 �O Consultant ❑ `PW (9m'-7- �� SCE Human Resources ❑ City Council Agenda Item Summary Memo Title: Well Nos. 3 & 4 Treatment Facility-Change Order#4 City Council/COW Agenda Date: March 20,2007 Committee of the Whole Synopsis: This change order in the amount of$3338.00 is for abandoning a section of watermain in the base of the water tower on Tower Lane. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: clr o United City of Yorkville Memo '" 800 Game Farm Road Esr 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 " �p Fax: 630-553-3436 It. Date: March 6, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer U CC: Lisa Pickering,Deputy City Clerk Subject: Wells 3 &4 Treatment Facility—Change Order#4 Attached find one copy of proposed Change Order#4 for the referenced project. This change order, in the amount of a$3,338.00 increase, is for removing an old water meter at the base of the tower. Prior to construction of the treatment plant,water from Well#4 went straight to the water tower. Construction of the treatment plant required the re-routing of the water to the plant first. The old valve in the base of the tower does not close completely,therefore we had to close off the pipe some other way to prevent raw water from entering the distribution system. The most convenient way to accomplish this was to remove the old meter at the base of the tower(which was not needed anymore)and bolt plates to the flanges. While simple in concept,this was a very labor-intensive work item. This work has already been completed, and I recommend that this change order be approved. Please place this item on the Committee of the Whole agenda of March 20, 2007 for consideration. CHANGE ORDER Order No.: CO-04 Date: November 28, 2006 Agreement Date: October 13, 2005 NAME OF PROJECT: Contract B.1 Yorkville Wells No. 3 &4 Well House and Treatment Facility OWNER: United City of Yorkville CONTRACTOR: Whittaker Construction & Excavating. Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Remove the existing 10-inch meter and associated piping and install two 10-inch blind flanges, a 4-inch steel brace between the blind flanges, and any required supports in the valve pit at the base of the elevated water storage tank. Justification: The additional work is needed to isolate Well No. 4 from the distribution system. This work will ensure that Well No. 4 can pum p only to the water treatment plant and not to distribution. Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 1,819.000.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 1.834,798.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased (de6Feased) by: $ 3,338.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 1,838,136.00 CO-01 CHANGE ORDER Page 2 Change to CONTRACT TIME: The CONTRACT TIME will be (gRGFea6eQ) (d°^ d) by 0 calendar days. The date for completion of all work will be September 30, 2006 (Date). Approvals Required: To be effective this order must be approved by the agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. nn Requested by: "L Whittaker Construction & Excavating, Inc. Recommended by: i Engineering Enterprises, Inc. Accepted by: United City of Yorkville State Agency Approval: CO-02 CONTRACTOR'S PROPOSAL REQUEST MATERIAL LIST/CHANGE ORDER BREAKDOWN PROPOSAL REQUEST No. 007 WHITTAKER CONSTRUCTION & EXCAVATING, INC. Phone: 815-246-7119 P. 0. BOX 21 - 105 PARK STREET Fax: 815-246-7118 EARLVILLE, ILLINOIS Project: Wells No. 3 and 4 Well House Treatment Facility Contract 13.1 United City of Yorkville Date: October 3,2006 Document: PR No.007 DESCRIPTION OF CHANGE: Cost for removal of existing 10"meter and associated piping, installation of(2) 10"blind flanges, and a 4" steel brace between blind flanges and a couple of of floor supports in the pit under the water tower. Item No. Item Description Unit Qty Description Unit Price Extension R.J.O'Neil Cost for removal of existing 10"meter and associated piping,installation of(2) 10"blind flanges, and a 4" steel brace between blind flanges and a couple of of floor supports in the pit under the water tower. 1 LS Mat'ULabor $2,981.00 $2,981.00 O&P $298.10 Bond $58.90 Total Change $3.,338.00 A one day time extension is required for this change 10/03/2006 07:53 6309061369 . _ RJ ONEII. PAGE 01 R. J. O'Neil, InC. Mechanical Services Contractor 1125S.LAKE ST PHONE 630-906-1300 FAX 63x306-1369 MVIN 1 t30MERX,IL 60538 Whittaker Excavating Tuesday,October 03,2006 P.0.Box 21 105 Park Street Earlviile,U.60518 Re:Yorkville Well 3&4 Joni, I was requested to provide a proposal for the removal of an existing 10"meter and associated piping,installation of(2) 10"blind Ranges,instaflation of a 4"steel brace between blind.flanges and a couple of floor supports in the pit under the water tower. Ou r price for this work is: $2,981.00 1 believe that they may wish to do this work this week so please don't sit on it as long as 1 did. Thanks, Dan Reviewed By: Agenda Item Number Jam ' T Legal ❑ Pw iaas EM Finance El 1 Engineer -G (0 City Administrator �] Tracking Number �� O Consultant ❑ Human Resources ❑ c9 SCE �V City Council Agenda Item Summary Memo Title: Yorkville Market Square—IDOT Highway Permit City Council/COW Agenda Date: March 20,2007 Committee of the Whole Synopsis: This permit is needed for construction of driveways and a watermain within IDOT's right-of-way for this development project, located at the SE comer of Route 47 and Route 34. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize Mayor and Clerk to sign permit application. Pass resolution guaranteeing satisfactory completion of the work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo %A 800 Game Farm Road EST. , ,ass Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 SCE Date: March 6, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer U CC: Lisa Pickering, Deputy City Cler Subject: Yorkville Market Square—IDOT Highway Permit Attached find one copy each of a proposed IDOT highway permit and the corresponding resolution for construction of driveways, watermain, and related improvements associated with the redevelopment of the site at the SE corner of Illinois Route 47 and US Route 34. IDOT now requires the municipality to be the applicant for all work in their right-of-way, and also require a resolution from the city to guarantee the work. We in turn will require the developer to provide a guarantee to us that they will perform the work and satisfy IDOT's requirements. I recommend that this permit application and corresponding resolution be approved. Please place this permit and resolution on the Committee of the Whole agenda of March 20, 2007 for consideration. L-9424 Illinois Department of Transportation Highway Permit District Serial No. Whereas, I (We) United City of Yorkville/Yorkville Market Sauare/c/o Cemcon, Ltd. 2280 White Oak Circle—Suite 100 (Name of Applicant) (Mailing Address) Aurora IL 60502-9675 hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known as U.S./IL Route 34/47 , Section , from Station to Station Kendall County.The work is described in detail on the attached sketch and/or as follows: Located at the Southeast Corner of Route 34 &47. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, two (2) right-in, right-out commercial entrances and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. Aggregate material shall be obtained from a state approved stockpile and shall be: SUB-BASE GRANULAR MATERIAL TYPE A (CA-6 GRADATION). (SEE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this day of 2007 Witness Signed Applicant 8QQ Gage Fart Road 800 Game Farm Road Mailing Address Mailing Address Yorkville Illinois 60560 Yorkville Illinois 60560 City State City State SIGN AND RETURN TO: Regional Engineer Approved this day of , Department of Transportation BY: Deputy Director of Highways,Regional Engineer Printed February 22,2007 OPER 1045(Rev.11/06) First: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the Regional Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the Regional Engineer. Third: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose of, nor will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or overhanging the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the Regional Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions, repairs and relocations within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of-way, the Applicant, upon written request by the Regional Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit .changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth: The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. Printed February 22,2007 OPER 1045(Rev. 11/06) SPECIAL PROVISIONS The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of way). The petitioner, their successors, or assigns, shall maintain that portion of the driveway on state right of way in sucl- a manner satisfactory to the department, otherwise the department will maintain the shoulders included in the entrance driveways to the same standard that exists on adjacent shoulders, and if necessary, such areas will be restored to the original cross section and earth shoulders. All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The department reserves the right to reject or accept any contractor hired by the applicant. No person, firm, corporation or institution, public or private, shall discharge or empty any type of sewage, including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids, or cause the same to be discharged or emptied in any manner into open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purposes. All excavations shall be promptly backfilled, thoroughly tamped and any excess material removed from the state right of way (including rock exposed during backfilling operations). Mounding or crowning of backfill will not be permitted. Excavation adjacent to the edge of pavement shall be shored to prevent caving if the distance is less than ten feet plus the depth of excavation from the edge of pavement. All material or equipment stored along the highway shall be placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on the highway right of way for more than two weeks prior to installation, written approval must be obtained from the department. RESOLUTION WHEREAS, the United City of Yorkville is located in the county of Kendall, state of Illinois, wishes to allow construction of two (2) commercial entrances onto U.S. 34 and Illinois 47 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said United City of Yorkville; now THEREFORE, be it resolved by the United City of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the proposed commercial entrances by the developer and acceptance by the city, the city guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property durinc such work. The city will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed workO,, is not, (delete one) to be performed by the employees of the United City of Yorkville. FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville. City Clerk hereby certify the above to be a true copy of the resolution passed by the United City of Yorkville, county of Kendall, State of Illinois. Dated this day of A.D. 2007 (Signature) (CORPORATE SEAL) RESOLUTION Reviewed By: Agenda Item fNumber J2 0�c► Legal ❑ Finance ❑ EST. , � 1838 Engineer ❑ Tracking Number � W City Administrator El �Sd `20 Consultant ❑ (� i ,V�!� 01)0'-7- 15q SCE Human Resources ❑ Y City Council Agenda Item Summary Memo Title: FY 2007-2008 MFT General Maintenance Appropriation City Council/COW Agenda Date: March 20, 2007 COW Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval pending fy07-08 budget Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: Illinois Department Resolution for Maintenance of I� Streets and Highways by Municipality of Transportation Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and City Council of the (Council or President and Board of Trustees) United City of Yorkville , Illinois, that there is hereby (City,Town or Village) (Name) appropriated the sum of of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from May 1, 2007 (Date) to April 30, 2008 (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in the account(s)for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Ottawa , Illinois. I, Jackie Milschewski Clerk in and for the United City (City,Town or Village) of Yorkville , County of Kendall hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and City Council at a meeting on (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) City Clerk (City,Town or Village) Approved Date Department of Transportation Regional Engineer Printed 3/9/2007 BLR 14230(Rev. 11/06) Illinois Department Municipal Estimate of of Transportation Maintenance Costs Section Number 07 -00000-00-GM Period from 05/01/2007 to 04/30/2008 Municipality Yorkville Estimated Cost of Maintenance Operations Maintenance For Group I II or III Material E ui mentor Labor Operation Group Unit Operation (No.—Description) (i,n,ui,1v) Item Unit Quantity Price Cost Cost Bituminous Patching Bituminous Cold Patch Ton 35 90.00 $3,150.00 3,150.00 Surface Hot Mix Ton 100 70.00 $7,000.00 7,000.00 Signs, Posts & Hardware Various Signs EA 150 40.00 $6,000.00 6,000.00 Si n Posts EA 150 27.00 $4,050.00 4,050.00 Brackets & Hardware EA 150 30.00 $4,500.00 4,050.00 Snow Removal Bulk Rock Salt Ton 1800 40.00 $72,000.00 72,000.00 Traffic Signal Maint Approved Agreement 4,875.0 4,875.00 Total Day Labor Costs $96,700.00^ Total Estimated Maintenance Operation Cost $101,125.00 Preliminary Engineering Engineering Inspection Material Testing Total Estimated Engineering Cost Total Estimated Maintenance Cost 1 $101,125.00 Submitted: Approved: Date Date By: Municipal Official Title Regional Engineer Submit Four(4)Copies to Regional Engineer Page 1 of 1 BLR 14231 (Rev.2/23/06) Printed on 3/9/2007 12:53:28 PM ♦,��0 Co.O Reviewed By: Agenda Item Number J Legal ❑ PW Finance ❑ Esr. Baas 1 a� Engineer � ' 3 sl Tracking Number y City Administrator ❑ Consultant ❑ , L ' a O^,T �)C Human Resources ❑ �"` SCE City Council Agenda Item Summary Memo Title: Game Farm Road/Somonauk Street—Plat of Highways Proposal City Council/COW Agenda Date: March 20, 2007 Committee of the Whole Synopsis: This proposal from Smith Engineering Consultants in the amount of$67,800 is to perform surveying work and prepare the legal documents needed for the acquisition of easements and right-of-way associated with this project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval of agreement and approval of an MFT appropriation resolution to fund this work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo + '" 800 Game Farm Road- 1&% Yorkville, Illinois 60560 Telephone: 630-553-8545 0� ` p� Fax: 630-553-3436 LE Date: Date: March 8,2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Cle Sue Mika, Finance Director Subject: Game Farm Road/Somonauk Street—Plat of Highway Proposal Attached find one copy each of a proposed agreement with Smith Engineering to perform surveying work associated with the referenced project. This proposal, in the amount of $67,800, is needed to prepare the legal documents for the various easements and right-of- way parcels that we need to acquire prior to construction. We recently received approval of the Phase 1 report from IDOT. The next step is to Phase 2 engineering,which is preparation of the actual bidding documents, and acquisition of the necessary of right-of-way and easements. We are proposing to fund the Phase 2 engineering 50-50 through the Kane/Kendall Council of Mayors,but we need to pass a city-state funding agreement first and it will take a few months to get IDOT's approval of that document. Since the easement and right-of-way acquisition process will be a time-consuming task, I suggest that we fund 100%of the Plat of Highways proposal ourselves so we can proceed with that work as soon as possible. I recommend that the Smith Engineering Consultants proposal for Plat of Highways be approved. I also recommend that the attached MFT appropriation resolution in the amount of$67,800 be approved to fund this work. Please place this item on the March 20,2007 Committee of the Whole agenda for consideration. Resolution for Improvement by 016S Olepwbnei t Municipality Under the Illinois Of TarmporLiWn Highway Code BE IT RESOLVED, by the City Counil of the Council or President and Board of Trustees United City of Yorkville Illinois City,Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Game Farm Road US Route 34 Somonauk St. Somonauk Street Game Farm Road Colton St. BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of surveying work and preparation of plats of easement and plats of dedication for right-of-ways. and shall be constructed N/A wide and be designated as Section 03-00031-00-FP 2. That there is hereby appropriated the (additional ® Yes ❑ No)sum of sixty-seven thousand eight hundred and 00/100------- -------------- -- Dollars( $67,800.00 )for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Authorized MFT Expenditure I, Jackie Milschewski Clerk in and for the United City of Yorkville City,Town or Village County of Kendall , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on March 27, 2007 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City,Town,or Village Clerk Page 1 of 1 BLR 09111 (Rev.7/05) Printed on 3/9/2007 8:37:01 AM Municipality L Name ��I rtr C Smith Engineering Consultants United City of Yorkville O C of Transportation O Township A S Address Bristol L Preliminary Engineering U 759 John Street County A Services Agreement L city G For T Kendall E Motor Fuel Tax Funds A Yorkville N N State Section C T 03-00031-00-FP Y Illinois THIS AGREEMENT is made and entered into this day of between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT",will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Game Farm Road/Somonauk Street Route FAU 1550 Length 1.04 Mi. 5500.4 FT (Structure No. ) Termini U.S. Route 34 and IL Route 47 Description: Preparation of plat of highways for the reconstruction of Game Farm Road/Somonauk Street from US Route 34 to IL Route 47. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ® Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ❑ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation of detailed bridge plans. c. ❑ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ❑ Prepare'Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit, Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ❑ Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5)copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. ® Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Note: Four copies to be submitted to the Regional Engineer Printed 318/2007 Page 1 of 4 BLR 05510(Rev.11/06) i. ❑ Assist the LA in the tabulation and interpretation of the contractors' proposals j. ❑ Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT's Bureau of Local Roads&Streets. k. ❑ Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT,will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The LA Agrees, 1. To pay the ENGINEER as compensation for all services performed as stipulated in Appendix A. paFagFaphs 4a, 1g, enreved by the DEPARTMENT. the DEPARTMENT based OR the following rGhedule-.- Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 (see note) Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. sublet all OF paFt of the seWiGes PFGV*ded undeF the paFagFaph 1b, 4G, 4d, le, 4f, 111, ij & 4k. if the ENGINEER sublets all eF paFt ef this woFk, the LA will pay the GGSt to the ENGINEER plus a five (5) PeFGeF;t seFvir.8 Ghaffle. WGFk. The GlaSS!fiGatiens of the employees used OR the WGFk should be GOR618t8Rt with the 8F:Apley8e GlassifiGatiens fe sh be peFfermed by lesseF saladed p8FSGI;F;81, the wage Fate belled f49F SUGh seFVOG96 Shall be Printed 3/8/2007 Page 2 of 4 BLR 05510(Rev. 11/06) 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost being the work required by paragraphs 1 a through 1 g under THE ENGINEER AGREES-to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under"a" above. By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That, should the impFevement be abaF;deF;ed at any time aftepthe ENGINEER has peFfeFFned aFiy peg Gf these ab�„ment "a to I Y' h g r defined nronh 7 1 f THE A AGREEC 5. That, should the LA F8qu*,Fe GhaRges in aRY of the detailed plans, SPSGifiGations OF estimates exrept feF these Feq puFsuant to paFagFaph 4 of THE ENGINEER r a pay the ENGINEER fQF SUGh Ghanges en the basis of aGtual GO-st plus, afteF they hay en appFGved by the DE-12AXTIVIENT, the I=A will _ , madiness te seFve "aGtual GQsV being defined as ki PaFagFapl;--2 ef THE LA AGREES.-4 is uWeFstaed that" r as -Red ii;this paFagFaph shall IR Re way FOlieve the ENGINEEP,&1426 FeSpGnsibility te pFepaFe a Gemplete and adequate It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design &hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. Printed 302007 Page 3 of 4 BLR 05510(Rev.11/06) IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the LA: United City of Yorkville of the (Municipalityrrownship/County) ATTEST: State of Illinois, acting by and through its By City Clerk By (Seal) Title Mayor Executed by the ENGINEER: Smith Engineering Consultants 759 John Street ATTEST: q� `,� Yorkville, Illinois 60560 By rT1 v 1 ¢c.d� By L � Title Office Coordinator itle Principal JUDITH M KOESM STATE NO NOTARY�I EXP OF RES.OU31I06S Approved Date Department of Transportation Regional Engineer Printed 3/8/2007 Page 4 of 4 BLR 05510(Rev.11/06) Smith Engineering Consultants Civil/Structural Engineers and Surveyors APPENDIX A PROPOSAL/AGREEMENT for LAND SURVEYING SERVICES GAME FARM ROAD PLAT OF HIGHWAYS Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Phone: (630) 553-8545 Fax: (630) 553-7575 SEC Job No.: YORK-040098.05-4 January 24, 2007 Illinois ■ Texas A division of SEC Group,Inc. 759 John Street,Yorkville,IL 60560 t. 630.553.7560 f. 630.553.7646 www.secgroupinc.com Mr.Joe Wywrot United City of Yorkville Game Farm Road Plat of Highways SEC Job No.: YORK-040098.054 January 24,2007 Page 2 I. Project Understanding The project is located between U.S.Route 34 and IL Route 47 along Game Farm Road and Somonauk Street in Yorkville,Kendall County,Illinois. Surveying services are necessary to prepare a plat of highways required for right-of-way and easement acquisition along Game Farm Road and Somonauk Street. This scope of work is based upon exhibits prepared by Smith Engineering Consultants(SEC) affecting approximately 29 parcels of land within the project area. II. Scope,of Services A. Surveying Services 1. Research-Obtain necessary information to complete the project regarding boundaries and rights-of-way. United City of Yorkville(Client)to supply SEC with current title commitments of the 29 subject properties that maybe affected by land acquisition along with supporting documents prior to completion of the survey. 2. Boundary Survey-Boundary survey will be performed on the 29 subject parcels as described in the provided title commitments Schedule A as required to complete the proposed plat of highways. Preliminary fieldwork will be done using subdivision plats and legal descriptions for subject parcels. 3. Topographic Survey-SEC will survey the existing buildings located on each affected parcel within the project. This information is required on the plat of highways. Previous topographic survey performed in 2004 will be verified for use on this project. 4. Right-of-Way Survey-SEC will verify the existing right-of-way of Game Farm Road and Somonauk Street from U.S.Route 34 south to IL Route 47 that maybe affected by the Game Farm Road/Somonauk Street right-of-way/easement acquisition. Mr.Joe Wywrot United City of Yorkville Game Farm Road Plat of Highways SEC Job No.: YORK-040098.05-4 January 24,2007 Page 3 5. Plat of Highways-SEC will prepare a plat of highways for approximately 5,000 feet of Game Farm Road and Somonauk Street in Yorkville,Illinois. SEC will create legal descriptions for each proposed right-of-way and easement acquisition. SEC will prepare the plats and legal descriptions per current IDOT standards. This surveying service will be completed on a cost per parcel basis. There are approximately 24 parcels that may be affected by the Game Farm Road and Somonauk Street right-of-way/easement acquisition. If the school district and city parcel easements may be granted through a plat of easement, each of these parcels will not be included in the plat of highways. Each proposed right- of-way and easement shall be staked temporarily with wood lath to assist in the appraisal process. This shall be done once upon request of the City or appraiser working on this project. Following construction, each proposed right-of-way parcel will be monumented with 5/8" steel bars or other suitable markers. 6. Plat of Easement-SEC will prepare plats of easement for the school district and United City of Yorkville parcels. It is assumed that each party will grant the required easements along Game Farm Road,therefore will not be included in the plat of highways. 7. Parcel Plats-SEC will prepare an individual parcel plat for each affected parcel according to the Illinois Department of Transportation (IDOT) District 3 requirements. If the proposed plat of highways requires MOT District 3 review, these plats will be required to complete the requirements. B. Deliverables/Reimbursables 1. Plat of Highways. 2. Parcel Plats. 3. Plats of Easement. C. Information to be Provided by Client 1. Title Commitments for affected parcels.* *SEC will provide PIN's for the current title commitments to assist in the ordering of each document. Mr.Joe Wywrot United City of Yorkville Game Farm Road Plat of Highways SEC Job No.: YORK-040098.05-4 January 24,2007 Page 4 Based upon our understanding of the project as detailed in this Contract,the following is a summary of fee associated with the project. This Contract will be completed as a Time& Material Not To Exceed Contract for professional surveying services. The individual fees are estimates,while the total is the overall Not To Exceed Contract Fee. TIME & MATERIAL: STEM , ABOlt � ' Surveying Services (Plat of Highways-24 parcels-$2,200.00 per parcel) $52,800.00 Plat of Easements for School District and City parcels 5 parcels) $3,000.00 Parcel Plats 24 parcels) $12,000.00 #..„ `a'Sub Totals $67,800.00 Mr.Joe Wywrot United City of Yorkville Game Farm Road Plat of Highways SEC Job No.: YORK-040098.054 January 24,2007 Page 5 IV. ADDITIONA 'CQ1�TTt UDILSkT1 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. Outside Consultants SMITH ENGINEERING CONSULTANTS,A division of SEC Group,Inc.,is not responsible for accuracy of any plans,surveys or information of any type including electronic media prepared by any other consultants,etc.provided to SEC for use in preparation of plans. SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. Attorneys'Fees In the event of any litigation arising from or related to the services provided under this AGREEMENT,the prevailing party will be entitled to recovery of all reasonable costs incurred,including staff time,court costs,attorneys'fees and other related expenses. Certificate of Merit The CLIENT shall make no claim for professional negligence,either directly or in a third party claim,against SEC unless the CLIENT has first provided SEC with a written certification executed by an independent design professional currently practicing in the same discipline as SEC and licensed in the State of Illinois. This certification shall: a)contain the name and license number of the certifier, b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances;and c)state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to SEC not less than thirty(30) calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding. Standard of Care Services provided by SEC under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Job Site Safety Neither the professional activities of SEC,nor the presence of SEC'S employees and subconsultants at a construction site,shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means,methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. SEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the CLIENTS AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT,SEC and SEC'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. Reuse of Documents All project documents including,but not limited to,plans and specifications fumished by SEC under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by SEC,shall be at the CLIENTS sole risk,and CLIENT shall indemnify and hold harmless SEC from all claims,damages and expenses including attorney's fees arising out of or resulting therefrom. Mr.Joe Wywrot United City of Yorkville Game Farm Road Plat of Highways SEC Job No.: YORK-040098.05-4 January 24,2007 Page 6 Ownership of Instruments of Service All reports,plans,specifications,field data,field notes,laboratory test data,calculations,estimates and other documents including all documents on electronic media prepared by SEC as instruments of service shall remain the property of SEC. SEC shall retain these records for a period of five(5)years following completion/submission of the records,during which period they will be made available to the CLIENT at all reasonable times. Failure to Abide by Design Documents or to Obtain Guidance The CLIENT agrees that it would be unfair to hold SEC liable for problems that might occur should SEC'S plans,specifications or design intents not be followed,or for problems resulting from others'failure to obtain and/or follow SEC'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing SEC'S plans,specifications or other instruments of service. Accordingly,the CLIENT waives any claim against SEC, and agrees to defend,indemnify and hold SEC harmless from any claim for injury or losses that results from failure to follow SEC'S plans, specifications or design intent, or for failure to obtain and/or follow SEC'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing SEC'S plans, specifications or other instruments of services. The CLIENT also agrees to compensate SEC for any time spent and expenses incurred by SEC'S prevailing fee schedule and expense reimbursement policy. Design Information in Electronic Form Because CADD information stored in electronic form can be modified by other parties,intentionally or otherwise,without notice or indication of said modifications,SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from each electronic medium not held in its possession. The CLIENT shall retain copies of the work performed by SEC in CADD form only for information and use by the CLIENT for the specific purpose for which SEC was engaged. Said materials shall not be used by the CLIENT,or transferred to any other party,for use in other projects,additions to the current project,or any other purpose for which the material was not strictly intended by SEC without SEC'S express written permission. Any use or reuse of original or altered CADD design materials by the CLIENT,agents of the CLIENT,or other parties without the review and written approval of SEC shall be at the sole risk of the CLIENT. Furthermore,the CLIENT agrees to defend,indemnify, and hold SEC harmless from all claims,injuries,damages,losses,expenses,and attorney's fees arising out ofthe modification or reuse of these materials. The CLIENT recognizes that designs,plans,and data stored on electronic media including,but not limited to computer disk and magnetic tape,may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT,therefore,agrees that SEC shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time SEC shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days,at the request of the CLIENT,SEC shall submit a final set of sealed drawings,and any additional services to be performed by SEC relative to the submitted electronic materials shall be subject to separate AGREEMENT. Dispute Resolution In an effort'to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the Consultant and CLIENT agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. If the dispute cannot be settled amicably,it shall then be settled by arbitration in the State of Illinois in accordance with the American Arbitration Associates. The Award of the arbitrator shall be conclusive and binding upon the parties. The CLIENT agrees,to the fullest extent permitted by law,to limit the liability of SEC and its subconsultants to the CLIENT for any and all claims,losses,costs,damages of any nature whatsoever or claims expenses from any cause or causes,including attorneys'fees and costs and expert witness fees and costs,so that the total aggregate liability of SEC and its subconsultants to all those named shall not exceed SEC'S total fee for services rendered on this project,whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. Mr.Joe Wywrot United City of Yorkville Game Farm Road Plat of Highways SEC Job No.: YORK-040098.05-4 January 24,2007 Page 7 Hazardous Materials It is acknowledged by both parties that SEC'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of SEC'S services,SEC may,at its option and without liability for consequential or any other damages,suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s)or contractor(s)to identify,abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the job site is in full compliance with applicable laws and regulations. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. Payment 1. All work will be invoiced on a monthly basis. All invoices shall be paid within 30 days of the invoice date. Should the CLIENT fail to pay for professional services hereunder,as billed within 30 days of such billing,SEC shall be excused from rendering any further services under this project. No work shall be signed or sealed until payment in full is received. 2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. Inclement Weather In the event of a substantial weather system affecting the completion of the said project,SEC retains the right to renegotiate additional fees to cover time needed to complete the said project. Substantial weather conditions include but not limited to extensive rain,high winds,snow greater than two(2)inches and ice. Time Limit This AGREEMENT must be executed within thirty(30)days of the composition date to be accepted under the terms set forth herein. This contract shall expire one year from date of execution. Work cannot begin until we have your signed AGREEMENT. If this AGREEMENT merits your approval and acceptance,please sign both copies,retain one copy for your files and return one to our office. Y:Uobs\Smith\2004\040098 Game Farm Phase 1\040098.05 YORK Game Farm Road Plat of Highways\administration\contract\040098.05- contract Wywrot-0 12407-mrf.doc SEC GROUP, INC. SMITH ENGINEERING CONSULTANTS RATE SCHEDULE - 2007 PRINCIPAL......................................................................................................$150.00/HR ASSOCIATE/DIRECTOR................................................................................$140.00/HR SENIOR STRUCTURAL ENGINEER............................................................$135.00/HR STRUCTURAL ENGINEER............................................................................$120.00/HR SENIOR PROJECT/TECHNICAL MANAGER..............................................$135.00/HR PROJECTMANAGER.....................................................................................$125.00/HR SENIOR CIVIL ENGINEER............................................................................$130.00/HR CIVILENGINEER III......................................................................................$120.00/HR CIVILENGINEER II........................................................................................$1 10.00/1-a CIVILENGINEER I..........................................................................................$ 95.00/1-IR ENVIRONMENTAL SCIENTIST...................................................................$ 90.00/HR SENIORSURVEYOR......................................................................................$115.001HR SURVEYORIII................................................................................................$ 95.00/HR SURVEYORII..................................................................................................$ 90.004R SURVEYORI...................................................................................................$ 80.00/HR SENIOR CONSTRUCTION ENGINEER.......................................................$ 125.00/HR CONSTRUCTION ENGINEER III.................................................................$ 100.00/HR CONSTRUCTION ENGINEER H....................................................................$ 90.00/HR CONSTRUCTION ENGINEER I.....................................................................$ 85.00/HR ENGINEERING TECHNICIAN.......................................................................$ 85.00/HR ADMINISTRATIVE.........................................................................................$ 65.00/1-R PRINTS/IN HOUSE*........................................................................................$ .45/SQ FT MILEAGE*.......................................................................................................$ .45/MILE PROPERTYIRONS*........................................................................................$ 2.50/EA HUB/LATH*.....................................................................................................$ 2.00/EA MAILING/SHIPPING*.................................................................................... VARIABLE *Indicates Reimbursable Items Reviewed By: Agenda Item Number Legal ❑ �N I Finance ❑ EST. 1836 Engineer ❑ t �� y City Administrator ❑ _ Tracking Number T °-' ; �O Consultant ❑ `��,♦ Human Resources �L ❑ {�v`� + r E City Council Agenda Item Summary Memo Title: Fox Hill SSA Maintenance Request for Proposal City Council/COW Agenda Date: March 20, 2007 COW Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Future approval of bids Council Action Requested: FYI at this time, future vote required Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: United City of Yorkville, Illinois Request for Proposal Mowing and Maintenance of the Fox Hill Subdivision Special Service Area March 2007 Introduction 1. The United City of Yorkville, Illinois (the City) is issuing this Request for Proposal(RFP) for the purpose of soliciting vendor proposals for the mowing and maintenance of the trail system in the Fox Hill subdivision Special Service Area (See attached map)to serve the current and projected needs of the city. 2. The City intends to seek the most cost-effective solution,based on the representative criteria contained in the RFP, for its needs. 3. One original and one copy of the proposal will be accepted until 12:OOPM, on Monday March 30, 2007. Proposals submitted must be binding for not less than ninety(90)days after the date received. The City will select the proposal, or combination of proposals,that, in its opinion, is in the best interest of the City. The City reserves the right to reject any and all proposals or portions of a proposal. The City also reserves the right to waive minor technicalities in the proposal. The City not only reserves the right at the sole discretion of the City to reject any and all proposals and to waive technicalities, but also reserves the right of evaluation and the right to determine the methodology for evaluation of the proposals to determine which is the best proposal and to accept the proposal (or proposals) deemed to be in the best interest of the City, i.e.,the most qualified proposal will not necessarily be the proposal with the lowest cost. Further,the City reserves the right to accept a proposal (or proposals)for any or all items separately or together. 4. Vendor inquires are to be directed to Eric Dhuse—Director of Public Works (630) 553-4370 fax (630) 553-4377. One original and one copy of the proposal clearly marked"Fox Hill Mowing and Maintenance", signed by an officer of the company, are to be submitted and addressed on the outside as follows: United City of Yorkville RE: (vendor name) Proposal for Fox Hill subdivision Special Service Area Mowing and Maintenance ATTN: Eric Dhuse, Director of Public Works 800 Game Farm Rd. Yorkville, IL 60560 5. Proposals may also be hand-delivered to the above address by the date and time specified. It is the responsibility of the bidder to deliver the proposal in accordance with these instructions contained above and/or elsewhere in the RFP. Proposals dispatched, but not received by the City by proposal closing time, will be returned, after receipt, unopened to the bidder. 6. Award of Contract. The United City of Yorkville City Council will make the final award of the proposal or contract. 7. Contract. In addition to the completed proposal, a resulting contract may be required by the City, including but not limited to, written correspondence between the City and the vendor subsequent to the proposal submission, facsimiles and product literature. All agreements between the United City of Yorkville and the vendor will be handled through our legal counsel. In addition, any legal restrictions or provisions, enforced by the vendor or its parent company,which are not in line with the industry's standard, should be pointed out. 8. Confidentiality of Documents. Proposals shall be opened so as to avoid disclosure of contents to competing bidders and kept secret during the process of negotiation. However, all proposals that have been submitted shall be open for public inspection after contract award. Trade secrets and confidential information, as specified by the vendor, contained in the proposals shall not be open for public inspection. 9. Contact with City Employees. In order to ensure fair and objective evaluation, all questions related to this RFP should be addressed only to the person(s) so named in this RFP;those persons are Eric Dhuse and Scott Sleezer. Contact with any other City employee is expressly prohibited without prior consent of the persons so named herein. Vendors directly contacting other City employees will risk elimination of their proposal from further consideration. Conditions 1. Contractor shall perform the maintenance and furnish all labor, equipment, services and supplies for the mowing and string trimming and other maintenance and services for the Fox Hill subdivision Special Service Area(see attached map) for the approximate period of April 1,2007 through November 1, 2007. 2. Contractor will furnish upon request the following certificates of insurance with provision that insurance policies may not be cancelled or endorsed in any way which would reduce or limit coverage within(10) days prior written notice to the United City of Yorkville. A. Workman's Compensation Insurance covering employees performing the services outlined in this contract. B. Comprehensive General Liability Insurance on an occurrence basis in an insurance company licensed to do business in this state. $1,000,000.00/$2,000,000.00 3. Work Completed under this contract shall be subject to the approval of the United City of Yorkville. For the practical implementation of the contract,the contractor agrees to meet with the City as often as necessary to discuss any and all aspects of the contract. 4. If in the opinion of the United City of Yorkville Public Works Department or the Parks and Recreation Department,the contractor has or is not satisfactorily performing the work covered by this specification, and within two (2)weeks(14 calendar days) of receipt of a written demand from the United City of Yorkville, for performance,has not cured any defect in performance specifically itemized in such demand, the United City of Yorkville may,at its option: 1) Consider all or any part of this contract breached 2) May hire another contractor to cure any defects in performance or complete all work covered by this specification for the remaining term of this contract. 3) Any demand for performance shall be specifically delivered to contractor by registered mail. 5. Neither the contractor nor the United City of Yorkville shall be held liable in damages caused beyond its control and without its fault or negligence including but not limited to, acts of God or the public enemy, acts of the government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,or unusually severe weather. Criteria I. Mowing—All mowable areas will be maintained at a height of 2-1/2" (or 3"in hot and dry conditions.) Grass shall be cut weekly or when it is 1"higher than specified height. Grass next to fences, light poles, trees, etc., shall be mechanically trimmed to the same height as specified above at the time of each mowing. All grass clippings and debris, shall be removed from the sidewalks, trails, and streets at the time cutting takes place. 2. Mulching—Shredded hardwood mulch shall be placed around trees,flower beds, and other landscape areas to a depth of 3"two times per year or as needed. All pricing to be per cubic yard, installed. 3. Weeding—All landscaped areas will be hand weeded four(4)times per year in the months of April,June,August and October. All pricing to be hourly rate for labor 4. Monument Repair-This includes but is not limited to painting, washing, mortar repair or replacement, staining and monument replacement if necessary. All pricing to be hourly rate. All specific jobs will be quoted as needed. 5. General Maintenance—This includes but is not limited to the following: erosion repair,reseeding including the use of erosion control blanket, or other essential maintenance repairs not covered under any specific line item. All pricing to be hourly rate. All specific jobs will be quoted as needed. 6. Beautification—Planting of annual or perennial flowers, various size bushes or 3"diameter trees as needed for replacement or new installation. All pricing will be labor only to install. All tree/plant pricing will be negotiated separately. FOX HILL SSA BID FORM FY 07-08 Vendor 12:00 Estimate Witness: ED Item Unit Quantit Price Cost Mowing AC 5.29 $95.00 Est. 28 cuttings per season $14,071.40 Item Unit Rate Rate Mulching CY $40.00 Weeding HR $40.00 Monument repairs HR $40.00 General Maintenance HR $40.00 Beautification HR $40.00 C11.o Reviewed By: Agenda Item Number Legal ❑ Pw .4 Finance ]El ` Engineer ❑ y City Administrator ❑ Tracking Number 0� " �D Consultant ❑ ; J <E � Human Resources El City Council Agenda Item Summary Memo Title: Sunflower Estates SSA Maintenance Request for Proposal City Council/COW Agenda Date: March 20, 2007 COW Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Future approval of bids Council Action Requested: FYI at this time, future vote required Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: United City of Yorkville, Illinois Request for Proposal Mowing and Maintenance of the Sunflower Estates Subdivision Special Service Area March 2007 Introduction 1. The United City of Yorkville, Illinois (the City) is issuing this Request for Proposal(RFP)for the purpose of soliciting vendor proposals for the mowing and maintenance of the trail system in the Sunflower Estates subdivision Special Service Area(See attached map)to serve the current and projected needs of the city. 2. The City intends to seek the most cost-effective solution,based on the representative criteria contained in the RFP, for its needs. 3. One original and one copy of the proposal will be accepted until 12:OOPM,on Friday March 30, 2007. Proposals submitted must be binding for not less than ninety(90) days after the date received. The City will select the proposal, or combination of proposals,that, in its opinion, is in the best interest of the City. The City reserves the right to reject any and all proposals or portions of a proposal. The City also reserves the right to waive minor technicalities in the proposal. The City not only reserves the right at the sole discretion of the City to reject any and all proposals and to waive technicalities,but also reserves the right of evaluation and the right to determine the methodology for evaluation of the proposals to determine which is the best proposal and to accept the proposal (or proposals) deemed to be in the best interest of the City, i.e.,the most qualified proposal will not necessarily be the proposal with the lowest cost. Further,the City reserves the right to accept a proposal (or proposals) for any or all items separately or together. 4. Vendor inquires are to be directed to Eric Dhuse—Director of Public Works (63 0) 553-4370 fax(630) 553-4377. One original and one copy of the proposal clearly marked"Sunflower Estates Mowing and Maintenance", signed by an officer of the company, are to be submitted and addressed on the outside as follows: United City of Yorkville RE: (vendor name) Proposal for Sunflower Estates subdivision Special Service Area Mowing and Maintenance ATTN: Eric Dhuse,Director of Public Works 800 Game Farm Rd. Yorkville, IL 60560 5. Proposals may also be hand-delivered to the above address by the date and time specified. It is the responsibility of the bidder to deliver the proposal in accordance with these instructions contained above and/or elsewhere in the RFP. Proposals dispatched,but not received by the City by proposal closing time, will be returned, after receipt, unopened to the bidder. 6. Award of Contract. The United City of Yorkville City Council will make the final award of the proposal or contract. 7. Contract. In addition to the completed proposal, a resulting contract may be required by the City, including but not limited to, written correspondence between the City and the vendor subsequent to the proposal submission, facsimiles and product literature. All agreements between the United City of Yorkville and the vendor will be handled through our legal counsel. In addition, any legal restrictions or provisions,enforced by the vendor or its parent company, which are not in line with the industry's standard, should be pointed out. 8. Confidentiality of Documents. Proposals shall be opened so as to avoid disclosure of contents to competing bidders and kept secret during the process of negotiation. However, all proposals that have been submitted shall be open for public inspection after contract award. Trade secrets and confidential information, as specified by the vendor, contained in the proposals shall not be open for public inspection. 9. Contact with City Employees. In order to ensure fair and objective evaluation, all questions related to this RFP should be addressed only to the person(s)so named in this RFP;those persons are Eric Dhuse and Scott Sleezer. Contact with any other City employee is expressly prohibited without prior consent of the persons so named herein. Vendors directly contacting other City employees will risk elimination of their proposal from further consideration. Conditions 1. Contractor shall perform the maintenance and furnish all labor, equipment, services and supplies for the mowing and string trimming and other maintenance and services for the Sunflower Estates subdivision Special Service Area(see attached map)for the approximate period of April 1, 2007 through November 1, 2007. 2. Contractor will furnish upon request the following certificates of insurance with provision that insurance policies may not be cancelled or endorsed in any way which would reduce or limit coverage within(10) days prior written notice to the United City of Yorkville. A. Workman's Compensation Insurance covering employees performing the services outlined in this contract. B. Comprehensive General Liability Insurance on an occurrence basis in an insurance company licensed to do business in this state. $1,000,000.00/$2,000,000.00 3. Work Completed under this contract shall be subject to the approval of the United City of Yorkville. For the practical implementation of the contract,the contractor agrees to meet with the City as often as necessary to discuss any and all aspects of the contract. 4. If in the opinion of the United City of Yorkville Public Works Department or the Parks and Recreation Department,the contractor has or is not satisfactorily performing the work covered by this specification, and within two (2)weeks(14 calendar days) of receipt of a written demand from the United City of Yorkville, for performance, has not cured any defect in performance specifically itemized in such demand,the United City of Yorkville may,at its option: 1) Consider all or any part of this contract breached 2) May hire another contractor to cure any defects in performance or complete all work covered by this specification for the remaining term of this contract. 3) Any demand for performance shall be specifically delivered to contractor by registered mail. 5. Neither the contractor nor the United City of Yorkville shall be held liable in damages caused beyond its control and without its fault or negligence including but not limited to, acts of God or the public enemy, acts of the government, fires, floods, epidemics, quarantine restrictions, strikes,freight embargoes, or unusually severe weather. Criteria 1. Mowing—All mowable areas will be maintained at a height of 2-1/2" (or 3"in hot and dry conditions.) Grass shall be cut weekly or when it is 1"higher than specified height. Grass next to fences, light poles, trees, etc., shall be mechanically trimmed to the same height as specified above at the time of each mowing. All grass clippings and debris, shall be removed from the sidewalks, trails, and streets at the time cutting takes place. 2. Mulching—Shredded hardwood mulch shall be placed around trees,flower beds, and other landscape areas to a depth of 3"two times per year or as needed. All pricing to be per cubic yard, installed. 3. Weeding—All landscaped areas will be hand weeded four(4)times per year in the months of April,June,August and October. All pricing to be hourly rate for labor 4. Monument Repair—This includes but is not limited to painting,washing, mortar repair or replacement, staining and monument replacement if necessary. All pricing to be hourly rate. All specific jobs will be quoted as needed. 5. General Maintenance—This includes but is not limited to the following: erosion repair,reseeding including the use of erosion control blanket, or other essential maintenance repairs not covered under any specific line item. All pricing to be hourly rate. All specific jobs will be quoted as needed. 6. Beautification—Planting of annual or perennial flowers, various size bushes or 3" diameter trees as needed for replacement or new installation. All pricing will be labor only to install. All tree/plant pricing will be negotiated separately. | Sunflower Estates IFY 07-08 Estimate Witness: ED 1-tem- Unit _Q�antitt Price Cost Mowing AC 5 $95.00 Est. 28 cuttings per season $13,300.00 Item Unit Rate Rate Mulching CY $40.00 Weeding HR $40.00 Monument repairs HR $40.00 General Maintenance HR $40.00 Beautification H R $40.00 Cl),*G Reviewed By: Agenda Item Number J Legal ❑ 41 aC 1e36 Finance ❑ Engineer ❑ City Administrator F1 Tracking Number Consultant ❑ ALE �? Human Resources ❑ City Council Agenda Item Summary Memo Title: Tool inventory City Council/COW Agenda Date: March 20, 2007 COW Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: none Council Action Requested: None, FYI only Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: CO.o United City of Yorkville Memo Public Works Department EST 1 �� 1836 800 Game Farm Road {� Yorkville, Illinois 60560 �O Telephone: 630-553-4370 SCE Fax: 630-553-4377 Date: March 12, 2007 To: Art Prochaska, Mayor From. Eric Dhuse, Director of Public Works CC: Subject: Truck Inventory Art, Per the City Council's request, I have attached a tool inventory from each of our department's trucks that perform field repairs, including our water and sewer main break repair trailer. As you can see, all of the trucks are set up with the basic tools such as sockets, wrenches and screwdrivers for general maintenance. Upon closer inspection you will see that each truck carries specialized tools that allow the employee to perform their jobs efficiently without making return trips to the shop or calling another employee to bring a tool to them. With the initial inventory done, I can now request periodic updates to keep a current inventory. If you have any questions,please let me know. WATER DEPT. TOOL INVENTORY TRUCK#6 F150 ITEM 'QUANITY TOTAL VALUE 'COMMENTS 20ft extension cord 1 ' $25.00 Set of files 1i $20.00 Different sizes 21b hammer 1 $20.00 !, 1 O steel fish tape 1 $20.00 2ft pry bar 1 $20.00 Pressure testing equip. 1 $50.00 Wrench set 1 $50.00 1/4 thru 7/8 3/8 socket set $40.00 3/8 extension 3; $20.00 3/8 ratchets 21 $35.00 Manhole hook 1 '', $40.00 j Tubing cutter 1; $50.00 j Chargable mag light 1 $100.00 18 volt dewalt drill 1 $185.00 lwith 2 batteries and charger Metal locator 1 j $800.00 Hydrant wrench 1; $40.00 3/16 chain 21 $100.00 20ft long 24 in pipe wrench 11 $48.00 1 c12 res. Test kit 1 $100.00 Tool bag 1 $20.00 14in pipe wrench 11 $40.00 Staple gun 1 $13.00 Wire strippers 1 $10.00 Screw driver 11 $10.00 4 way Hydrant diffuser 1; $35.00 Digging shovel 21 24in broom 1' $15.00 4ft step ladder 1 $90.00 B-box key 1! $150.00 Tile probe 1 $30.00 B-box wrench 1, $30.00 Valve wrench 1 $300.00 TOTAL $2,606.00 WATER DEPT. TOOL INVENTORY TRUCK#5 F250 ITEM iQUANITY 'TOTAL VALUE COMMENTS Hydrant wrench 1 $40.00 Flat shovel 1 $40.00 Valve key 1 $300.00 B-box keys _ 2 $300.00 j 24in pipe wrench i 1 $48.00 14in pipe wrench 1 $40.00 9 piece screw driver set 1 $20.00 Scraper 1! $10.00 25ft tape measure 1; $20.00 c12 res. Test kit 1 $100.00 Metal locator 1 j $800.00 (Total $1,718.00 WATER DEPT. TOOL INVENTORY TRUCK#8 F350 PICKUP' ITEM QUANITY !TOTAL VALUE 1COMMENTS Manhole hooks 2!1 $80.00 1 Hydrant wrenches 2'', $80.00 Tile probe 1 $30.00 Flex key 1 $450.00 Offset key 1 ! $175.00 Straight key 1 $175.00 Sledge hammer 1 $45.00 B-box wrench 1 $30.00 6ft pry bar 1 $65.00 Propane torch 1 ! $45.00 Jumper cables 1 ' $30.00 20 piece socket set 1 $45.00 1 25ft tape measure 2 $40.00 14in pipe wrench 2 $80.00 12 piece wrench set 1 $30.00 Channel locks 2 $40.00 21b hammer 1 1 $25.00 15 piece screwdriver set 1 i $35.00 3 piece chisel set 1 $15.00 1 Water valve key 1 ! $350.00 Hydrant diffuser 1 j $35.00 c12 res. Test kit 1 $100.00 Total hardness test kit 1 $150.00 Digging shovel 1 '; $50.00 j Spade 1 $35.00 Metal locator 11 $800.00 18 volt dewalt drill 1 $185.00 ,with batteries and charger Chargable mag light 1 $100.00 'Total i $3,320.00 WATER DEPT. TOOL INVENTORY WATER AND SEWER BREAK TRAILER ITEM QUANITY ',TOTALVALUE 'COMMENTS 80,000 TO 200,000 BTU propane heater 1 $150.00 150,000 BTU elec. Heater 1 $175.00 1/6 HSP. Pump and 2 hoses 1 $75.00 12 volt tranfer pump 1 $90.00 3in trash pump 211, $2,500.00 Suction hose 21 $160.00 Discharge hose 5!1 $325.00 Stihl chop saw 1 , $850.00 Stone blades 7'' $70.00 Diamond blade 1 $150.00 Water main tapping machine 1 $2,200.00 j Water service crimping tool 1 $175.00 4 way flood lights 1 $350.00 2 way flood lights 1 $85.00 Fire extinguisher 1 ! $30.00 Roller wheel 1 $40.00 3 way pick chain 1 $400.00 Grapple hook 1 $40.00 Flat shovels 21 $100.00 Digging shovels 2 j $100.00 spades 2 $75.001 Come alongs 21 $60.00 ' Manhole hooks 21 $80.00 Heavy duty brooms 2 $50.00 Tile probe 21 $60.00 Water main chain scrapers 21 $100.00 Ridge pipe cutter 1! $50.00 Hedge clippers 1; $25.00 20ft ladder 1 j $250.00 10 lb hammer 1 $45.00 2 lb hammer 1 $25.00 14in pipe wrench 21 $80.00 18in pipewrench 2' $90.00 24in pipe wrench 1 $48.00 18in offset pipe wrench 2, $100.00 Set of channel locks 1 $25.00 Different sizes Claw hammer 1 $10.00 j Water main clamp wrenches 21, $80.00 Water main clamp install tool 2 $120.00 water main files 2; $30.00 Set of nut drivers 1' $25.00 Different sizes Knife 1 $10.00 Putty knife 1 $10.00 Flaring inserts 4' $64.00 Copper reamers 2 $125.00 3/4in and 1 in Copper cutters 3! $120.00 Vise grips 1 $20.00 ,Easy outs for corps 2' $60.00 3/4in and 1 in Set of screwdrivers 1 $30.00 Different sizes Set of pliers 1 $20.00 Different sizes Wire brushes 2 $10.00 Men working signs 2', $100.00 Road closed signs with base 21: Safety glasses 3' $20.00 box ear plugs 1 $20.00 Packs of hand warmers 3'; $15.00 Tyvek suits 4I $12.00 Rolls caution tape 3.5' $25.00 Hand sanitizer 1 $2.00 j Suction cage for hose 1 $15.00 Propane tank 1 $30.00 25 ft tape measure 1 $20.00 Rubber gloves 2; $10.00 TOTAL $10,431.00 WATER DEPT. TOOL INVENTORY TRUCK#3 F350 UTILITY ITEM QUANITY 'TOTALVALUE COMMENTS 21b hammer 1 ii $25.00 Claw hammer 1 $10.00 2ft mac breaker bar 1 $30.00 17/8 wrench 1 $20.00 Cut off wheels 31 $30.00 Hand scrapers 5! $50.00 Clamp wrench 1' $60.00 Easy outs 8 $130.00 Different sizes Copper flaring tools 61 1 2-3/4in 2-1 in 1-11/2in 1-2in Screw drivers 3 $20.00 Pick 1 $25.00 12in file 1 $10.00 1 in dyes 2 $30.00 1 i tap 1 ', $15.00 Set mac wrenches 1 $150.00 5/16 nut drivers 2 $10.00 1 1/4 sockets 31, $30.00 1 1/8 socket 1 $10.00 11/16 socket 1 $10.00 13/16 socket 1 $10.00 5/8 sockets 3 $15.00 Bin adjustable wrench 1 $15.00 Files 41 $15.00 Different sizes 2ft pry bars 1 3 $60.00 Standard alien wrenches 21 Different sizes Metric alien wrenches 11 $15.00 Different sizes Mac 1/2in extensions 6 $30.00 1 Different sizes Mac 1/2in ratchets 21 $40.00 Adjustable pliers 1! $25.00 Regular pliers 1' $10.00 3/8in ratchet 1 $15.00 1 00f tape 1 $45.00 Diamond blades 2 $300.00 Rechargable mag lite 1' $100.00 Grease gun 1 $15.00 Chain scraper 1 $40.00 One ton bottle jack 1, $25.00 Electric tapping head 1' $2,650.00 1 00f extension cord 1 $100.00 4ft level 1 $30.00 Copper crimper 1' $175.00 Small flaring tool 1' $20.00 Hydrant wrench for lock down hydrants 1' $85.00 5/16 chain 3' $225.00 Tow straps 2' $100.00 cable sling 1 $50.00 Digging shovels 2 $100.00 Spades 2'. $70.00 Tile probe 1 $30.00 101b sledge hammer 1 ' $45.00 Manhole hook 1 $40.00 Hydrant diffusers 3 $105.00 Valve box lid puller 1 $25.00 5ft pry bar 1', $65.00 Straight b-box key 1 $175.00 Offset b-box key 1 $175.00 Flexible b-box key 1 $450.00 Valve key 2; $600.00 B-box wrench 1 $30.00 tin tubing cutter 1'i $60.00 Pipe threader handle _ 1 $50.00 Pipe thread dyes 51 $125.00 11/2in, 3/4in, tin, 1 1/4in, 1 1/2in Hammer drill 1 $250.00 Drill bits for hammer drill 51 $100.00 !Different sizes Chisels for hammer drill 2 $40.00 25ft extension cord 1 $15.00 Air chuck 1 $10.00 Air gun 1; $15.00 1 Tire pressure gauge 1 $15.00 Set of punches 1 $80.00 Different sizes Set of chisel 1 $80.00 Different sizes Four wheel pipe cutter 1 $60.00 Torque wrench set watermain bolts 1!, $275.00 Small nylon straps 21, $40.00 Wire brushes 1 21 $15.00 Hack saw 1 $20.00 12in pry bar 1 $15.00 36in pipe wrench 1 $175.00 !, 24in pipe wrench 1 $48.00 18in pipe wrench 2!i $90.00 14in pipe wrench 2 j $80.00 15in adjustable wrench 1 $30.00 c12 res. Test kit 1 $100.00 (TOTAL $8,703.00 Sewer Department Tool Inventory Utility Truck 4 Item QuantRy Value Notes power cords 2 $20.00' hammers 6' $75.00! metal files 6', $25.00 assorted sizes and makes hack saw 1' $10.00; hand saw 1' $25.00 i measuring wheel 1 $60.00 tin snips 1 $15.00'. grease gun 1 $30.001, copper cutter 1 $40.00 i wire brushes 2! $20.00' measuring tape 1 $30.00: 100 foot metal scrapers 51 $15.001 metal punches 3; $10.001 metal chisels 21 $10.001 hand sprayers 2 $50.001degreasing wet wells bolt cutter 1 $50.00; napa tool set 1' $150.001 114 piece assorted socket kit pry bar set 5 $40.00 pipe wrenches 21 $50.00 propane torch 1 $40.001, metal detector 1' $800.00' level 1 $30.00' 4 foot tow straps 2' $30.00 log chains 31! $100.00, sledge hammer 1 $35.00; tile probe 1; $30.001 digging spades 2' $45.00 screw drivers 201 $25.00 assorted sizes Allen socket set 5 $10.00 tape measure 1; $10.00,25 foot pliers 6' $50.00 assorted sizes and makes wire cutters 2', $10.00', antenna mirror 1! $10.00! open end wrench set 1 $40.00! 1/4 to 3/4 water pipe scraper 1 $40.00, flood light 1 $15.00 flat shovel 1' $25.00 man hole hook 1 $40.00 hydrant wrench 1! $40.001 pry bar 1 $70.001 5 footer Allen key set 2 $15.00 assorted sizes pintle hitch 1 $75.001 man hole ladder 1' $125.001 water keys 5' $810.001 assorted sizes and makes napa assorted tool set 1 I $25.00 push button retriever 1 $10.001 wheel bearing sockets 2 $75.0012-7/8 3inc master mechanic tool box 1 $25.00' wire splicer cutter 1' $10.001 nut drivers 15 $20.00 assorted sizes scratch awl 1 $5.00: torx drivers 4' $15.00 magnet antenna 1 $10.00' combination wrench set 1 $55.0013/8 to 1 1/4 Total $3,495.00 2.28.07 Sewer Department Tool Inventory' crane truck 20 Item Quantity iValue Notes power cords 2! $20.0011 1/2 inch tool set 1 $35.001 open end wrench set 1 , $55.00' 3/8 to 1 1/4 3/8 socket set 1 $20.00 air hose 1 $20.001 tow straps 31 $40.00!assorted sizes ratchet straps 31 $55.00 pry bars 41 $40.00 assorted sizes hammer 11 $10.00; crescent wrench 1 $15.001 pliers 31 $15.00 assorted sizes screw drivers 51 $20.00 assorted sizes air gun 1 ! $10.001 tape measure 1 $10.00 man hole hook 1 $40.00 bungee straps 101 $15.00 $420.00 i I i i i 11 I � 1 I I 1 I Sewer Department Tool Inventory vac con truck 2 Item Quantity Value Notes pipe wrench 2 $50.00', adjustable wrench 2 $40.00 pliers 3! -$20.00 assorted sizes Allen wrench set 1 $10.001 wire brush 1 $5.00; screw drivers 4 $20.001 assorted sizes utility knife 1 ! $10.001 open end wrenches 10 $35.00 i assorted sizes gravel shovel 1 $25.00' man hole hook 2 $80.00i push bar 1 $70.001 face shield 1 j $15.00' flood light 1 $20.00'i counter wheel 1 $60.00! hammer 1 ,! $10.001 hydrant wrench 1 $40.00j air hose 1 $25.001 total $535.00 i i A B C D E 1 Y-1 F350 UTILITY 2 ITEMS QUANTITY'! PER. TOTAL COST NOTES 3 EAR MUFFS 1' $35.00 $35.00 4 BUNGEE CORDS _ 10' $1.00 $10.00 5 RATCHET STRAPES 1" 1 ' $12.00 $12.00 6 TOW STRAPES 2, $25.00 : $50.00 7 PRY BAR 2 $10.00 $20.00 8 EXTENTION CORD 1 $35.00 $35.00 9 RACHET STRAP 3" 1 ' $35.00 $35.00 10 SAFETY SIGNS 21 $100.00 $200.00 11 COLD CHISEL 21 $5.00 $10.00 12 SLEDGE HAMMER 16" 1 $15.00 $15.00 13 TAPE MEASURE 35' 2'i $15.00 $30.00 14 OPEN END WRENCHES SET 1 $50.00 $50.00 ;7/16 TO 15/16 15 3/8 SOCKET SET 1; $100.00 $100.00 16 NUT DRIVERS SET 1 $70.00 $70.00 17 ADJ. WRENCHES 1 ', $15.00 $15.00 18 SCREWDRIVER SET 1! $50.00 $50.00 19 ASORTED PLIERS 21 $5.00 $10.00 20 HEX KEY SET 4' $10.00 ! $40.00 21 ADJ. PLIERS 4 $10.00 $40.00 22 HAMMER 2 $15.00 $30.00 23 SMALL BITS 1 $30.00 $30.00 24 ITORX BITS 1! $25.00 ! $25.00 25 BIT SET 1 $30.00 , $30.00 26 18V DEWALT DRILL 1 $200.00 $200.00 '2 BATTERYS AND CHARGER 27 TIN SNIPS 1 $15.00 ! $15.00 28 DEWALT POWER BANDER 1 $1,800.00 $1,800.00 29 T HANDLE HEX KEY SET 1! $50.00 $50.00 30 LARGE WRENCHES 6 $15.00 $90.00 i7/8 TO 11/4 31 POST PULLER SET 1 , $350.00 $350.00 32 SHOVELS 4 $20.00 $80.00 33 RAKE 1 $20.00 $20.00 34 POST POUNDERS 2 $100.00 $200.00 35 TOW CHAIN 4' 1 $12.00 $12.00 j 36 PITCH FORK 1; $20.00 $20.00 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 1 TOTAL $3,779.00 JS A B C D E 1 Y-19 1TON DUMP 2 ITEMS QUANTITY COST PER. TOTAL COST NOTES 3 LOG CHAIN 6 FOOT 1 $15.00 $15.00 4 LOG CHAIN 20 FOOT 1 $28.00 $28.00 5 RATCHET STRAPES 3 $35.00 $105.00 6 PIPE WRENCH 20" 1 $25.00 $25.00 7 MANHOLE HOOK 1 $40.00 $40.00 8 BOLT CUTTERS 1 $50.00 $50.00 9 1PRUNER 11 $25.00 $25.00 10 TREE HAND SAW 1; $25.00 $25.00 11 LEVEL 24" 1 $25.00 $25.00 12 SLEDGE HAMMER 16" 1; $15.00 $15.00 13 TAPE MEASURE 35' 1 $15.00 $15.00 14 OPEN END WRENCHES SET 1 $50.00 $50.00117/16 TO15/16 1513/8 SOCKET SET 1 $100.00 $100.00 16 HACKSAW 1 j $15.00 $15.00 17 ADJ. WRENCHES j 21 $15.00 !, $30.00 18 SCREWDRIVER SET 1, $25.00 $25.00 19 LEVEL 9" 1 $5.00 $5.00 20 HEX KEY SET 1 i $15.00 $15.00 21 ADJ. PLIERS 2; $10.00 $20.00 22 HAMMER 1', $15.00 $15.00 23 CHALK LINE 1 $15.00 $15.00 24 TORCH KIT 1 $25.00 $25.00 25 BIT SET 1 $30.00 $30.00 26 18V DEWALT DRILL 1 $200.00 $200.00 12 BATTERYS AND CHARGER 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ITOTAL $913.00 JS A B C D E 1 -26 Hn-SUCKET TRUCK TTEU-s o-uA-N R. T-aTAL COST-f 6l" RIGID PIPE CITTT€R 1 ! _$5 .00 $5000 C7OT WHEEL DEVICE 1 '� $25.00 $25.00 SHOVELS-- 1. $20.00 $20.00 A E 1; $25.00 $25.00 IDEAL PIPE BENDER 1 i 10000 $100.00 ]SLED]SLEDG HAMMER 16" 1 $ 5.00 $15.00 TAPE EASURE 5' $10.00 $10.00 1 PROGRESSIVE LINE TRAC R 1, 605-00 $600.00 PULSER BREAK LOCATOR $ 000 1I $600.00 2.5 H.P.S-H P VA . 1 i $40.091, 40.00 1 18V DEWALT LL 1 $�0 .000-t $200.00 150' FISH A E 1 $25.00 $25.0 7T1 b`TO15T1 6 1125' FISH TA 1 $50.00 $60.00 A A LT 11 V200.00 2 .00 IN UL ED SC-REW[ VER 1; $100.00 i $100. IGI AT-L MUL- TIMETER $200 0 - $2� 0 HACKSAW 1I $15.00 $15.00 CAUL U N 1!. $10.00� $100-0 CUTTERS BOLT 0 5 . $5n.0 5 _ 01 ER 1 -- $1500-1 $15. 6' LADD $5 . $50.00 1 TIN SNIPS 1I X5.0 5.0 I OOOV ELECTRICAL GLOVES 1 $200.0 $200.00 120 BULB UNI 1 12.0 2.00 26ATfi A A ADJ. PLIERS 3;$10 0 $30.00 LOCKING-PLIERS 21 $10.00 1 $20.0 TOW CHAIN 14' 11 $2b.UU $25.00 STOP WATCH 1 $10.0 1 $10.00 FEATHER 1, $3.00 $3.00 3/8 SOCKET SET 1 i $100.00 ! $100.00 i EY ET $10.00 $30.0 1 ILL 21 $30.00 -$60.00 35 BIT T 21 30. t- STUD FINDER 1 $15.00 - $15.00 -37 TORCH KIT 1 $30.00 -$50.00 1 N END NCH SET 1 $50.00 $50.00 AN PLIERS- 3FOOT $60. TTER 11 $ 0 $10.0 ]WIRE 21 $10.00 $20.00 IM ANDLE -dL 1 $2000 $20.00 LI I E 5.00 $5.00 44 1 SCREW DRIVEF�S-T 11 $30.00 RX BIT SET V2 5.00 $25.00 461480V LIGHT ES 15-00 ---X15.00 FUSE P R 1; $5.00 $5.00 CIRCUIT TESTER 1 $15.00 $15.00 S-T-E-P-BIT 1 ; $25.00 $25.00 MA R BIT -ET 1 ! $30.00 -$30.00 NUT DRIVER--S-E-T- 1 $50.00 $50.00 -52 HEX KEY K Tom - 1 $50 00 $50.00 CH MEN HMM€TER 1 $275.00 $275.00 AL TOT $3,695.0 C/Ty Reviewed By: Agenda Item Number J= --e Legal ❑ PW l Finance ❑ EST 1836 Engineer �� 31618 City Administrator El Tracking Number VMKM �O Consultant ❑ `��,� Human Resources El T CE City Council Agenda Item Summary Memo Title: Temporary Easement— 135 E. Van Emmon Street City Council/COW Agenda Date: March 20, 2007 Committee of the Whole Synopsis: This easement agreement allows the city to remove and replace some concrete pavement at 135 E. Van Emmon Street. This is necessary to eliminate steps in the public sidewalk at this location. This work will be performed as part of the 2007 In- Town Road Program. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo -16 800 Game Farm Road Esr 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 0� p Fax: 630-553-3436 SCE ��'�• Date: March 6, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer U CC: Lisa Pickering,Deputy City Clerk Subject: Temporary Easement— 135 E. Van Emmon Street Attached find a proposed easement agreement with the property owner at 135 E. Van Emmon Street,which is located at the NW corner of Van Emmon and Heustis Streets. Our 2007 In-Town Road program includes replacement of the sidewalk at this corner to remove the steps in the public sidewalk. Changing the sidewalk requires removal and replacement of some concrete pavement on private property. This temporary easement agreement gives the city the authority to enter onto the property and perform the work. I recommend that this easement agreement be approved. Please place this item on the March 20,2007 Committee of the Whole agenda for consideration. STATE OF ILLINOIS ) COUNTY OF KENDALL ) GRANT OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors: TIG Partners, 1125 S. Lake Street, Montgomery, Illinois 60538, in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged do hereby grant to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee,.in consideration of the covenants to be kept and performed by the Grantee herein, a temporary construction easement to remove and replace a concrete sidewalk and perform minor grading, upon, and across the tract of land described as follows, as shown on attached Exhibit"A",to-wit: That part of the Northwest Quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast Corner of Lot 7 in Block 6 of Black's Addition, said point also being the intersection of the north right-of-way line of Van Emmon Street and the west right-of-line of Heustis Street,thence westerly along the south line of said Lot 7 a distance of 4 feet to the Point of Beginning;thence westerly along the south line of said Lot 7 a distance of 19 feet; thence northerly along a line perpendicular to the last described course a distance of 11 feet; thence easterly along a line perpendicular to the last described course a distance of 19 feet; thence southerly along a line perpendicular to the last described course a distance of 11 feet to the Point of Beginning, all in the United City of Yorkville, Kendall County, Illinois, commonly known as 135 E. Van Emmon Street. Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants the right of ingress and egress to said temporary construction easement to Grantee. The Grantee herein shall and hereby agrees to: 1. The purpose of this easement is to allow the removal and replacement of the existing concrete sidewalk immediately east of the main entrance to the building. The sidewalk needs to be replaced at a different pitch to match the new public sidewalk profile, which will be lowered to eliminate the steps at the corner of Heustis and Van Emmon Streets. Grantee shall perform said work at no cost to the Grantor. 2. Restore the surface of said temporary easement to the condition thereof existing at the time of entry upon same, and shall leave the surface of such easement level and free of all debris,rocks in excess of one inch(1"), and gravel, and providing a covering of a minimum of six inches (6") of clean, black, fertile top soil and replanting of grass whenever disturbed. 3. Replace all lot lines and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted. 4. Said easement shall expire upon completion of the 2007 In-Town Roadway Program project or June 30, 2008, whichever shall occur first. IN WITNESS WHEREOF,the Grantor and Grantee have hereunto set their hands and seal this day of 2007. Mayor Linzie Coffey City Clerk an O'Neil STATE OF ILLINOIS ) COUNTY OF KENDALL ) Linzie Coffey and Dan O'Neil allege and state that they have read the foregoing Grant of Temporary Construction Easement Agreement by him subscribed, that he has knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. Linzie Coffev 45.71Nefl Subscribed and sworn to before me, , 2007. Notary Public Prepared by and return to: Attorney John Justin Wyeth 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Plat of Temporary Easement for Part of Section 33-37-7 Bristol Township, Kendall County, Illinois S86.21'40'E 105,19' Pt, Lot 7 0 135 E, Van Emmon St, �o W p N o z (� C-1 H W 9' N86'2 1'40'W?• . ` 108.20' P.O.B. VAN EMMON ST. 4 P.O.C. Legal Description for Temporary Easement That part of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast corner of Lot 7 in Block 6 of Black's Addition, said point also being the Intersection of the north right-of-way of Van Emmon Street and the west right-of-way line of Heustis Street, thence westerly along the south line of said Lot 7 a distance of 4 feet to the Point of Beginning] thence westerly along the south line of said Lot 7 a distance of 19 feet; thence northerly along a line perpendicular to the last described course, a distance of 11 feet; thence easterly along a line perpendicular to the last described course, a distance of 19 feet; thence southerly along a line perpendicular to the last described course course a distance of 11 feet to the Point of Beginning, all in the United City of Yorkville, Kendall County, Illinois, commonly known as 135 E. Van Emmon Street. ® Temporary Easement Exhibit 'A' Scale 1'= 30' C/T Reviewed By: Agenda Item Number J 00 Legal ❑ W EST. 1836 Finance ❑ Engineer kNtJ 3 11 t IQ-7 City Administrator Tracking Number 09 C111 ? Consultant ❑ �O _ //� Human Resources ❑ c l(% City Council Agenda Item Summary Memo Title: Bristol Bay Units 1-7—Release of Bonds&Earthwork Bond Reduction#1 City Council/COW Agenda Date: March 20, 2007 Committee of the Whole Synopsis: Recommend release of 6 existing bonds subject to receipt of 7 replacement bonds. Also recommend a reduction in the earthwork bond for the amount of $1,233,673.96. The remaining amount of that bond would be $403,308.04. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo 800 Game Farm Road EST _ 1836 Yorkville, Illinois 60560 -4 ` Telephone: 630-553-8545 0� °� I p ax: 630-553-3436 S4E Date: March 16, 2007 To: John Crois,Interim City Adm' 'strator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cler Subject: Bristol Bay Units 1-7—Release of Bonds&Earthwork Bond Reduction#1 Attached find a request from Centex Homes to replace 6 existing bonds with 7 new bonds, and also reduce the bond amount for earthwork. Our construction guarantee process is to establish one or more bonds based on individual units as those units are recorded. Bristol Bay,however, recorded the first seven units all at once, and the cost estimates were not broken down on a unit-by-unit basis. Consequently,the bonds were established for individual work categories such as storm sewers,roadways, etc. Subsequent to the recording of the plats,the City Council passed an SSA ordinance for Bristol Bay. The SSA bond funded much of the work in Units 1-7, and also serves as the construction guarantee. The Bristol Bay annexation agreement states that conventional bonding is not required for work guaranteed by the SSA bond, other than a 10% contingency amount. I have reviewed the developers request and concur that a reduction is appropriate.Not all of the work,however, was funded by the SSA bonds. For instance,the storm sewer in Unit 1 was estimated to cost$949,476.32, but only$877,751.31 of that amount was covered by the SSA bond. Therefore conventional bonding is required for the difference, as well as the 10%contingency for the amount funded by the SSA bond. Please refer to the attached spreadsheets for details. Please note that the work item"Miscellaneous Underground"actually was funded to a higher level by the bond than was originally estimated. This is due to the original estimate of cost being too low. That work is substantially complete,however,therefore I recommend the straight 10%contingency amount be bonded for that item. The developer has also requested a reduction for the earthwork bond,without assigning dollar amounts to individual units. Please refer to the attached spreadsheet for details. The developer has also requested a reduction in the landscaping bond,but we cannot process that request until we get a break-down of landscaping completed in public areas and private common open-space areas. I recommend that the following bonds be released, subject to receipt of satisfactory replacement bonds for Units 1-7, as summarized below: To be Released Amount For Federal Insurance Co. Bond# 8196-77-20 $2,985,055.76 Roadway pavement Federal Insurance Co. Bond# 8196-77-21 $2,199,534.32 Misc. Roadway Federal Insurance Co. Bond# 8196-77-22 $4,569,831.39 Storm Sewer Federal Insurance Co. Bond# 8196-77-23 $2,571,108.98 Watermain Federal Insurance Co. Bond# 8196-77-24 $2,179,803.52 Sanitary Sewer Federal Insurance Co. Bond# 8196-77-25 $211,200.00 Misc. Underground To be Replaced with Amount Unit 1 $779,683.48 Unit 2 $350,327.05 Unit 3 $378,599.02 Unit 4 $258,537.99 Unit 5 $623,801.00 Unit 6 $237,370.37 Unit 7 $303,078.24 I also recommend that recommend that Federal Insurance Co. Bond# 8196-76-53 for earthwork be reduced by the amount of$1,233,673.96. The remaining amount of the bond would be$403,308.04. Please place this item on the March 20, 2007 Committee of Whole agenda for consideration. City of Yorkville 16-Mar-07 Letter of Credit/Bond Reduction Subdivision: Bristol Bay Unit 1 Reduction No. N/A Bond/LOC No. Not established yet Approved Unit 1 Unit 1 SSA 10% LOC Amt. for 110% LOC Amt. for Total required Item Eng. Est. Fundinq SSA-funded work non-SSA funded work LOC Amount Storm Sewer $949,476.32 $877,751.31 $87,775.13 $78,897.51 $166,672.64 Sanitary Sewer $361,523.47 $334,213.39 $33,421.34 $30,041.09 $63,462.43 Watermain $432,352.11 $399,691.52 $39,969.15 $35,926.65 $75,895.80 Roadway Pavement $935,331.07 $882,363.23 $88,236.32 $58,264.62 $146,500.95 Misc. Underground $33,000.00 $44,129.57 $4,412.96 $0.00 $4,412.96 Misc. Roadway $609,364.82 $347,562.6 $34,756.26 $287,982.44 $322,738.70 Totals $3,321,047.79 $2,885,711.62 $288,571.16 $491,112.31 $779,683.48 Notes: a) Per Annexation Agmt., LOC/Bond amt. to be 10%of SSA-funded work plus 110%of non-SSA funded work. b) LOC/Bond reduced to 10%at final acceptance. c)Total SSA funding was spread proportionately over Units 1-7 Total Estimate of Cost Total SSA Funding Item Units 1-7 Unit 1 Estimate of Cost Units 1-7 Unit 1 SSA Fundina Remarks Storm Sewer $3,952,639.37 $949,476.32 $877,751.31 Sanitary Sewer $1,987,830.26 $361,523.47 $334,213.39 Watermain $2.146.794.67 $432.352.11 $399,691.52 Sub-total $8,087,264.30 $1,743,351.90 $7,476,339.00 $1,611,656.22 Roadway Pavement $2,848,249.60 $935,331.07 $2,686,953.09 $882,363.23 Misc. Underground $231,000.00 $33,000.00 $308,907.00 $44,129.57 $599,523.73 Sidewalks Misc. Roadway $1,953,686.13 $609.364.82 $514,797.63 Curbs Sub-total $1,953,686.13 $609,364.82 $1,114,321.36 $347,562.60 Grand Total $13,120,200.03 $3,321,047.79 $11,586,520.45 $2,885,711.62 City of Yorkville 16-Mar-07 Letter of Credit/Bond Reduction Subdivision: Bristol Bay Unit 2 Reduction No. N/A Bond/LOC No. Not established yet Approved Unit 2 Unit 2 SSA 10% LOC Amt. for 110%LOC Amt. for Total required Item Eng. Est. Fundinq SSA-funded work non-SSA funded work LOC Amount Storm Sewer $280,611.09 $259,413.26 $25,941.33 $23,317.61 $49,258.94 Sanitary Sewer $405,218.60 $374,607.72 $37,460.77 $33,671.97 $71,132.74 Watermain $272,804.00 $252,195.94 $25,219.59 $22,668.87 $47,888.46 Roadway Pavement $442,546.81 $417,485.36 $41,748.54 $27,567.60 $69,316.13 Misc. Underground $39,000.00 $52,153.13 $5,215.31 $0.00 $5,215.31 Misc. Roadwav $203.000.59 $115.785.18 $11,578.52 $95,936.95 $107,515.47 Totals $1,643,181.09 $1,471,640.59 $147,164.06 $203,162.99 $350,327.05 Notes: a) Per Annexation Agmt., LOC/Bond amt.to be 10%of SSA-funded work plus 110%of non-SSA funded work. b) LOC/Bond reduced to 10%at final acceptance. c)Total SSA funding was spread proportionately over Units 1-7 Total Estimate of Cost Total SSA Funding Item Uni s 1-7 Unit 2 Estimate of Cost Units 1-7 Unit 2 SSA Funding Remarks Storm Sewer $3,952,639.37 $280,611.09 $259,413.26 Sanitary Sewer $1,987,830.26 $405,218.60 $374,607.72 Watermain $2,146.794.67 $272.804.00 $252,195.94 Sub-total $8,087,264.30 $958,633.69 $7,476,339.00 $886,216.92 Roadway Pavement $2,848,249.60 $442,546.81 $2,686,953.09 $417,485.36 Misc. Underground $231,000.00 $39,000.00 $308,907.00 $52,153.13 $599,523.73 Sidewalks Misc. Roadway $1.953.686.13 $203.000.59 $514,797.63 Curbs Sub-total $1,953,686.13 $203,000.59 $1,114,321.36 $115,785.18 Grand Total $13,120,200.03 $1,643,181.09 $11,586,520.45 $1,471,640.59 City of Yorkville 16-Mar-07 Letter of Credit/Bond Reduction Subdivision: Bristol Bay Unit 3 Reduction No. N/A Bond/LOC No. Not established yet Approved Unit 3 Unit 3 SSA 10% LOC Amt.for 110% LOC Amt.for Total required Item Eng. Est. Funding SSA-funded work non-SSA funded work LOC Amount Storm Sewer $305,165.94 $282,113.20 $28,211.32 $25,358.01 $53,569.33 Sanitary Sewer $427,372.00 $395,087.61 $39,508.76 $35,512.83 $75,021.59 Watermain $320,095.16 $295,914.64 $29,591.46 $26,598.57 $56,190.04 Roadway Pavement $391,864.75 $369,673.43 $36,967.34 $24,410.45 $61,377.80 Misc. Underground $39,000.00 $52,153.16 $5,215.32 $0.00 $5,215.32 Misc. Roadwav $240,214.16 $137.010.63 $13,701.06 $113.523.88 $127.224.95 Totals $1,723,712.01 $1,531,952.67 $153,195.27 $225,403.75 $378,599.02 Notes: a) Per Annexation Agmt., LOC/Bond amt. to be 10%of SSA-funded work plus 110%of non-SSA funded work. b) LOC/Bond reduced to 10%at final acceptance. c)Total SSA funding was spread proportionately over Units 1-7 Total Estimate of Cost Total SSA Funding Item Units 1-7 Unit 3 Estimate of Cost Units 1-7 Unit 3 SSA Funding Remarks Storm Sewer $3,952,639.37 $305,165.94 $282,113.20 Sanitary Sewer $1,987,830.26 $427,372.00 $395,087.61 Watermain $2.146.794.67 $320.095.16 $295.914.64 Sub-total $8,087,264.30 $1,052,633.10 $7,476,339.00 $973,115.46 Roadway Pavement $2,848,249.60 $391,864.75 $2,686,953.09 $369,673.43 Misc. Underground $231,000.00 $39,000.00 $308,907.00 $52,153.13 $599,523.73 Sidewalks Misc. Roadwav $1.953.686.13 $240.214.16 $514.797.63 Curbs Sub-total $1,953,686.13 $240,214.16 $1,114,321.36 $137,010.63 Grand Total $13,120,200.03 $1,723,712.01 $11,586,520.45 $1,531,952.65 City of Yorkville 16-Mar-07 Letter of Credit/Bond Reduction Subdivision: Bristol Bay Unit 4 Reduction No. N/A Bond/LOC No. Not established yet Approved Unit 4 Unit 4 SSA 10% LOC Amt. for 110% LOC Amt. for Total required Item En g. Est. Fundin4 SSA-funded work non-SSA funded work LOC Amount Storm Sewer $353,708.31 $326,988.60 $32,698.86 $29,391.68 $62,090.54 Sanitary Sewer $189,042.40 $174,761.82 $17,476.18 $15,708.64 $33,184.82 Watermain $138,633.82 $128,161.19 $12,816.12 $11,519.89 $24,336.01 Roadway Pavement $221,064.81 $208,545.90 $20,854.59 $13,770.80 $34,625.39 Misc. Underground $24,000.00 $32,094.23 $3,209.42 $0.00 $3,209.42 Misc. Roadwav $1190.872.02 $108.867.42 $10.886.74 $90,205.06 $101.091.80 Totals $1,117,321.36 $979,419.16 $97,941.92 $160,596.07 $258,537.99 Notes: a)Per Annexation Agmt., LOC/Bond amt.to be 10%of SSA-funded work plus 110%of non-SSA funded work. b) LOC/Bond reduced to 10%at final acceptance. c)Total SSA funding was spread proportionately over Units 1-7 Total Estimate of Cost Total SSA Funding Item Units 1-7 Unit 4 Estimate of Cost Units 1-7 Unit 4 SSA Fundina Remarks Storm Sewer $3,952,639.37 $353,708.31 $326,988.60 Sanitary Sewer $1,987,830.26 $189,042.40 $174,761.82 Watermain $2.146.794.67 $138.633.82 $128.161.19 Sub-total $8,087,264.30 $681,384.53 $7,476,339.00 $629,911.62 Roadway Pavement $2,848,249.60 $221,064.81 $2,686,953.09 $208,545.90 Misc. Underground $231,000.00 $24,000.00 $308,907.00 $32,094.23 $599,523.73 Sidewalks Misc. Roadway $1.953.686.13 $190.872.02 $514.797.63 Curbs Sub-total $1,953,686.13 $190,872.02 $1,114,321.36 $108,867.42 Grand Total $13,120,200.03 $1,117,321.36 $11,586,520.45 $979,419.17 City of Yorkville 16-Mar-07 Letter of Credit/Bond Reduction Subdivision: Bristol Bay Unit 5 Reduction No. N/A Bond/LOC No. Not established yet Approved Unit 5 Unit 5 SSA 10% LOC Amt.for 110% LOC Amt.for Total required Item Eno. Est. Funding SSA-funded work non-SSA funded work LOC Amount Storm Sewer $1,012,034.74 $935,583.96 $93,558.40 $84,095.86 $177,654.25 Sanitary Sewer $368,615.20 $340,769.40 $34,076.94 $30,630.38 $64,707.32 Watermain $410,915.09 $379,873.89 $37,987.39 $34,145.32 $72,132.71 Roadway Pavement $544,929.14 $514,069.78 $51,406.98 $33,945.30 $85,352.27 Misc. Underground $57,000.00 $76,223.81 $7,622.38 $0.00 $7,622.38 Misc. Roadway $408,457.84 $232.971.58 $23,297.16 $193,034.91 $216.332.06 Totals $2,801,952.01 $2,479,492.40 $247,949.24 $375,851.76 $623,801.00 Notes: a) Per Annexation Agmt., LOC/Bond amt.to be 10%of SSA-funded work plus 110%of non-SSA funded work. b) LOC/Bond reduced to 10%at final acceptance. c)Total SSA funding was spread proportionately over Units 1-7 Total Estimate of Cost Total SSA Funding Item Units 1-7 Unit 5 Estimate of Cost (Units 1-7 Unit 5 SSA Funding Remarks Storm Sewer $3,952,639.37 $1,012,034.74 $935,583.96 Sanitary Sewer $1,987,830.26 $368,615.20 $340,769.40 Watermain $2.146.794.67 $410.915.09 $379.873.89 Sub-total $8,087,264.30 $1,791,565.03 $7,476,339.00 $1,656,227.25 Roadway Pavement $2,848,249.60 $544,929.14 $2,686,953.09 $514,069.78 Misc. Underground $231,000.00 $57,000.00 $308,907.00 $76,223.81 $599,52373 Sidewalks Misc. Roadway $1.953,686.13 $408.457.84 $514.797.63 Curbs Sub-total $1,953,686.13 $408,457.84 $1,114,321.36 $232,971.56 Grand Total $13,120,200.03 $2,801,952.01 $11,586,520.45 $2,479,492.39 City of Yorkville 16-Mar-07 Letter of Credit/Bond Reduction Subdivision: Bristol Bay Unit 6 Reduction No. N/A Bond/LOC No. Not established yet Approved Unit 6 Unit 6 SSA 10% LOC Amt. for 110% LOC Amt.for Total required Item En-g. Est. Funding SSA-funded work non-SSA funded work LOC Amount Storm Sewer $391,397.13 $361,830.34 $36,183.03 $32,523.47 $68,706.50 Sanitary Sewer $210,233.00 $194,351.65 $19,435.17 $17,469.49 $36,904.65 Watermain $127,586.00 $117,947.94 $11,794.79 $10,601.87 $22,396.66 Roadway Pavement $160,428.80 $151,343.71 $15,134.37 $9,993.60 $25,127.97 Misc. Underground $18,000.00 $24,070.68 $2,407.07 $0.00 $2,407.07 Misc. Roadwav $154.499.02 $88,121.40 $8,812.14 $73.015.38 $81.827.52 Totals $1,062,143.95 $937,665.72 $93,766.57 $143,603.80 $237,370.37 Notes: a) Per Annexation Agmt., LOC/Bond amt. to be 10%of SSA-funded work plus 110%of non-SSA funded work. b) LOC/Bond reduced to 10%at final acceptance. c)Total SSA funding was spread proportionately over Units 1-7 Total Estimate of Cost Total SSA Funding Item Units 1-7 Unit 6 Estimate of Cost Unit 1-7 Unit 6 SSA Funding Remarks Storm Sewer $3,952,639.37 $391,397.13 $361,830.34 Sanitary Sewer $1,987,830.26 $210,233.00 $194,351.65 Watermain $2.146.794.67 $127.586.00 $117.947.94 Sub-total $8,087,264.30 $729,216.13 $7,476,339.00 $674,129.94 Roadway Pavement $2,848,249.60 $160,428.80 $2,686,953.09 $151,343.71 Misc. Underground $231,000.00 $18,000.00 $308,907.00 $24,070.68 $599,523.73 Sidewalks Misc. Roadway $1.953,686.13 $154,499.02 $514.797.63 Curbs Sub-total $1,953,686.13 $154,499.02 $1,114,321.36 $88,121.40 Grand Total $13,120,200.03 $1,062,143.95 $11,586,520.45 $937,665.72 City of Yorkville 16-Mar-07 Letter of Credit/Bond Reduction Subdivision: Bristol Bay Unit 7 Reduction No. N/A Bond/LOC No. Not established yet Approved Unit 7 Unit 7 SSA 10% LOC Amt.for 110% LOC Amt. for Total required Item Eng_Est. Funding SSA-funded work non-SSA funded work LOC Amount Storm Sewer $660,244.94 $610,368.95 $61,036.90 $54,863.59 $115,900.48 Sanitary Sewer $184,790.00 $170,830.66 $17,083.07 $15,355.27 $32,438.34 Watermain $285,444.08 $263,881.16 $26,388.12 $23,719.21 $50,107.33 Roadway Pavement $152,084.22 $143,471.68 $14,347.17 $9,473.79 $23,820.96 Misc. Underground $21,000.00 $28,082.45 $2,808.25 $0.00 $2,808.25 Misc. Roadway $147,277.68 $84,002.57 $8,400.26 $69,602.62 $78.002.88 Totals $1,450,840.92 $1,300,637.47 $130,063.75 $173,014.49 $303,078.24 Notes: a) Per Annexation Agmt., LOC/Bond amt. to be 10%of SSA-funded work plus 110%of non-SSA funded work. b) LOC/Bond reduced to 10%at final acceptance. c)Total SSA funding was spread proportionately over Units 1-7 Total Estimate of Cost Total SSA Funding Item Units 1-7 Unit 7 Estimate of Cost Units 1-7 Unit 7 SSA Fundina Remarks Storm Sewer $3,952,639.37 $660,244.94 $610,368.95 Sanitary Sewer $1,987,830.26 $184,790.00 $170,830.66 Watermain $2,146,794.67 $285,444.08 $263,881.16 Sub-total $8,087,264.30 $1,130,479.02 $7,476,339.00 $1,045,080.77 Roadway Pavement $2,848,249.60 $152,084.22 $2,686,953.09 $143,471.68 Misc. Underground $231,000.00 $21,000.00 $308,907.00 $28,082.45 $599,523.73 Sidewalks Misc. Roadway $1,953.686.13 $147,277.68 $514.797.63 Curbs Sub-total $1,953,686.13 $147,277.68 $1,114,321.36 $84,002.57 Grand Total $13,120,200.03 $1,450,840.92 $11,586,520.45 $1,300,637.48 City of Yorkville 16-Mar-07 Letter of Credit/Bond Reduction Subdivision: Bristol Bay Units 1-7 Earthwork Reduction No. 1 Bond/LOC No. Federal Insurance Co. Bond#8196-76-53 Approved Units 1-7 Units 1-7 SSA 10% LOC Amt.for 110%LOC Amt.for Total required Item Eno. Est. LOC/Bond Amt. Funding SSA-funded work non-SSA funded work LOC Amount Reduction Earthwork $1,488,165.45 $1.636,982.00 $1,233,673.96 $123.367.40 $279,940.64 $403,308.04 $1,233,673.96 Totals $1,488,165.45 $1,636,982.00 $1,233,673.96 $123,367.40 $279,940.64 $403,308.04 $1,233,673.96 Notes: a)Per Annexation Agmt., LOC/Bond amt.to be 10%of SSA-funded work plus 110%of non-SSA funded work. b) LOC/Bond reduced to 10%at final acceptance. c)Total SSA funding was spread proportionately over Units 1-7 C E NTEX HOMES February 13,2007 2205 Point Boulevard Elgin,Illinois 60123 VIA E-Mail Phone:(847)783-6300 Fax:(847)783-5781 Joe Wywrot Yorkville City Engineer United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Re: Return of Bond's for Bristol Bay Dear Mr. Wywrot, Thank you for your response to our bond reduction request we submitted for our Bristol Bay Community in Yorkville. Enclosed is the documentation for what Centex Homes would like to reduce our current bonds to. When we initially bonded for Bristol Bay, we bonded in 8 Different bonds, for Phase 1, as follows: Bond# Bond for Bond Amount 8196-76-53 Mass Grading Phase 1 $1,636,982 8196-77-20 Roadway Pavement Construction $2,985,056 8196-77-21 Misc Roadway Construction $2,199,534 8196-77-22 Storm Sewer Construction $4,569,831 8196-77-23 Water main Construction $2,571,109 8196-77-24 Sanitary Sewer Construction $2,179,804 8196-77-25 Misc Underground Construction $211,200 8196-77-29 Landscaping Improvements $1,078,580 After these bonds were put in place, our final engineering was approved, with a revised engineers cost of opinion. The approved EOPC is separated per the seven individually platted units. Centex Homes would like to replace the above bonds with seven new bonds representing the 10%contingency requirement of the approved EOPC,Pursuant to paragraph I IA of our annexation agreement. The only exception is the Landscaping bond; we would just like to reduce that to the 10%contingency: New Bond 10 % Amount to be Bond# Bond For Engineers COP Contingency laced TBD Phase 1, Unit 1 Improvements $3,321,048 $332,105 $332,105 TBD Phase 1, Unit 2 Improvements $1,643,175 $164,318 $164,318 TBD Phase 1, Unit 3 Improvements $1,723,717 $172,372 $172,372 TBD Phase 1, Unit 4 Improvements $1,117,326 $111,733 $111,733 TBD Phase 1, Unit 5 Improvements $2,801,942 $280,194 $280,194 TBD Phase 1, Unit 6 Improvements $1,062,144 $106,214 $106,214 TBD Phase 1, Unit 7 Improvements $1,450,841 1 $145,084 1 $145,084 8196-77-29 Landscaping Improvements $ 1,078,580 $ 107,858 $ 107,858.00 $ 1,419,877 Following your approval of these revised bond amounts, Centex Homes will apply for these and replace the above bonds. Thank you for your help in this matter and if you have any questions regarding this you may contact me at 847-783-6330. Sincerely, CENTEX HOMES oL�aa, JoAnne Bowers Senior Land Development Coordinator Cc: All Bond File's Jim Beery Joe Marx United City of Yorkville 800 Game Farm Road :x1836 Yorkville, Illinois, 60560 Telephone: 630-553-4350 XYiIY V LE Date: Date: March 16,2007 To: Mayor and City Council From: John H. Crois,Interim City Administrator Subject: Garbage Bids Bids for the City's garbage contract will be opened on Monday, March 19th. I will have a review of the bid results ready for the COW of March 20th. My ability to make a final recommendation will depend upon the completeness and clarity of bid submissions. Since the request for bids was based on the City's present program with only minor changes,I would not anticipate the need to seek clarification relating to the proposals. If I am correct, I will have a recommendation for the Council on Tuesday. The City's present contract with Waste Management expires May 1St If you have any questions,please contact me. C/p y Reviewed By: Agenda Item Number Legal ❑ Finance EST. , �1836 ❑ Engineer ' �, -111410-7 g y City Administrator ❑ Tracking Number s Consultant ❑ Human Resources F-1 aC / - (o`o CE City Council Agenda Item Summary Memo Title: Greenbriar Subdivision Lot 200 Sidewalk Easement City Council/COW Agenda Date: March 20,2007 Committee of the Whole Synopsis: The attached document moves an easement for public sidewalk to a different location on Lot 200 in the Greenbriar subdivision. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to staff and legal review Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIr o United City of Yorkville Memo 800 Game Farm Road esr , 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 0. p Fax: 630-553-3436 ,LE `w Date: March 14, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer V CC: Lisa Pickering,Deputy City Clerk Subject: Greenbriar Subdivision—Lot 200 Sidewalk Easement Several years ago a portion of the Greenbriar was re-zoned and re-platted to from R-2 Duplex to R-2 Single Family. That new plat of subdivision also included a sidewalk easement that ran across Lot 200. The purpose of the easement is to provide a way for the residents of the Prairie Garden development to reach the park in Greenbriar. The sidewalk has not been constructed yet, and Lot 200 remained vacant until this past year. A house has now been built on Lot 200, and the developer has requested that the sidewalk be shifted to the north about 25 feet to provide more separation between the future sidewalk and the house. Please refer to the attachments. I have reviewed the proposed new sidewalk location and recommend approval of that change. The developer has also prepared the attached easement agreement that would be recorded along with the plats of vacation and easement. I have reviewed the agreement document and feel that some changes may need to be made before it is recorded. The developer has a sale pending for the house, and has asked that the City Council act on this issue as soon as possible. I recommend that the easement agreement be approved subject to staff and legal review. Please place this item on the Committee of the Whole agenda of March 20, 2007 for consideration. STATE OF ILLINOIS ) COUNTY OF KENDALL ) GRANT OF PERMANENT CONSTRUCTION EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors: CRESTVIEW BUILDERS, INC. 4431 White Ash Lane, Naperville, IL 60564, in consideration of the sum of Ten and 00/100 dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged do hereby grant to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a permanent construction easement for possible future construction of a concrete sidewalk and minor grading, upon, and across the tract of land described as follows: Lot 200 in Greenbriar, P.U. D., Unit 4, in the United City of the Village of Yorkville, Kendall County, Illinois, per the plat thereof recorded as Document No. 200200025411 on October 22, 2002. PIN#05-05-207-027 Commonly known as: 1402 Walsh Drive, Yorkville, IL 60560 Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants the right of ingress and egress to said permanent construction easement to Grantee. The Grantee herein shall and hereby agrees to: Vacate the original 10 foot sidewalk and pedestrian easement located on the lot and relocate the easement, which is for possible future 10 foot sidewalk and pedestrian traffic, closer to the norther most property line per the attached Exhibits. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seal this day of .12007. Mayor Ron Wehrli, President R.W. Development, Inc. City Clerk Subscribed and Sworn to before me, Subscribed and Sworn to before me, , 2007 f-f-�Zk-N .O , 2007 Notary Public Notary Public OFFICIAL SEAL KAREN MAXAM NOTARY PUBLIC-STATE OF ILLMKXS W COMMISSION EXPIRES.041010 PROPERTY ADDRESS: 1402 WALSH DRIVE,YORKVILLE, IL LEGAL DESCRIPTION OF THE 10 FOOT SIDEWALK AND EASEMENT VACATION EXHIBIT GRAPHIC SCALE PEDESTRIAN EASEMENT TO BE VACATED. BEING A PART OF LOT 200 IN GREEN BRIAR ,o ° 20 '° 80 160 THAT PART OF LOT 200 IN GREEN BRIAR P.U.D. UNIT 4, A P.U.D. UNIT 4, A SUBDIVISION IN SECTION 5, SUBDIVISION OF THAT PART OF SECTION 5, TOWNSHIP 36 IN TOWNSHIP 36 NORTH, RANGE 7, EAST OF NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, THE THIRD PRINCIPAL MERIDIAN, IN KENDALL ( IN FEET ) LABELED AND DEPICTED AS A 10 FOOT SIDEWALK AND COUNTY, ILLINOIS. 1 inch = 40 ft PEDESTRIAN EASEMENT ON SAID LOT, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 22, 2002, AS BASIS OF BEARINGS IS THE ASSUMED VALUE OF DOCUMENT NUMBER 200200025411, AND MORE L E G E N D PARTICULARLY DESCRIBED AS COMMENCING AT THE S82'24'54"W FOR THE NORTH LINE OF LOT 200 . NORTHWESTERN MOST CORNER OF SAID LOT 200; THENCE P.O.C. POINT OF COMMENCING SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF SAID N14*23'17"W LOT, SAID LINE BEING A CURVE CONCAVE SOUTHWESTERLY P.O.B. POINT OF BEGINNING 10 10' SIDEWALK & 51.70' "" HAVING A RADIUS OF 1109.78 FEET, AN ARC DISTANCE OF PEDESTRIAN EASEMENT C 44.00 FEET TO THE SOUTHERLY LIMITS OF THE EXISTING 312.09) 10 FOOT SIDEWALK AND PEDESTRIAN EASEMENT, THENCE 33 S82-24'5 "W `q THE FOLLOWING SEVEN COURSES AND DISTANCES ALONG *." ��*x y a t 00 THE LIMITS OF SAID EASEMENT ON LOT 200; NORTH 63 GREEN BRIAR DEGREES 39 MINUTES 05 SECONDS EAST, 227.58 FEET TO •'" . c� coNsERvATm A LINE 10 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE NORTH LINE OF SAID LOT 200; THENCE NORTH NIT Z «� N1128.21'44 �e EAST 82 DEGREES 24 MINUTES 54 SECONDS EAST, PARALLEL WITH SAID NORTH LINE, 128.21 FEET; THENCE SOUTH 14 DEGREES 23 MINUTES 17 SECONDS EAST, 44.32 FEET TO THE SOUTHERLY LINE OF SAID LOT 200; THENCE NORTH 66 DEGREES 59 MINUTES 43 SECONDS EAST, ON SAID \ 6� T 9 / t SOUTH LINE, 10.11 FEET; THENCE NORTH 14 DEGREES 23 \ S 22g l` LOT 200 MINUTES 17 SECONDS WEST, 51.70 FEET TO THE NORTH I LINE OF SAID LOT 200; THENCE SOUTH 82 DEGREES 24 P.O.C. ,. • , `_ DRAINAGE & UTILITY $ \ EASEMENT MINUTES 54 SECONDS WEST, ON SAID NORTH LINE, 138.73 � •'� FEET; THENCE SOUTH 63 DEGREES 39 MINUTES 05 l ` '� $°'"' 2`L '�� SECONDS WEST, 229.29 FEET TO THE SOUTHWESTERLY " ,�:` 6��g \ / / /10' DRAINAGE & LN66*59'43"E, LINE OF SAID LOT 200; THENCE SOUTHEASTERLY ON SAID �.• ?�fi N \ UNIT 4 �' / / UTILITY EASEMENT 10.11 SOUTHWESTERLY LINE, SAID LINE BEING A CURVE CONCAVE 0� TO THE SOUTHWEST, HAVING A RADIUS OF 1109.78 FEET, n \ AN ARC LENGTH OF 10.00 FEET TO THE POINT OF O 10' SIDEWALK & PEDESTERIAN BEGINNING, IN KENDALL COUNTY, ILLINOIS. 60 0 0 0. •, \wo• EASEMENT 0 -v C, / O.B. 199 <y / 5.0 DRAINAGE & 0`� 0� / EASEMENT CP. '00, / REVISIONS J " No. DATE DESCRIPTION BY —10.0' PUBLIC UTILITY & 1 02-14-07 REVISED PER CLIENT REVIEW DJZ DRAINAGE EASEMENT rod OF ILLINOIS ) SS \ RuettiQ ToneHi & Associates � COUNTY OF WILL er,� b � , Inc. RUETTIGER, TONELLI & ASSOCIATES, INC., ILLINOIS PROFESSIONAL DESIGN FIRM Surveyors•Engineers*Planners-Landscape Architects•G.I.S.Consultants .�•��`Q• ZE411k.- , 2174 ONEIDA STREET 2603 S.WASHINGTON STREET-SUITE 170 No. 184-001251, HEREBY CERTIFIES THAT IT HAS PLATTED THE PROPERTY 70LIET,ILLINOIS 60435 NAPERVILLE,ILLINOIS 60565 •• '�• 4 •. DESCRIBED IN THE ABOVE CAPTION AND AS SHOWN ON THE ANNEXED PLAT, , � PH.(815)744-6600 FAX(815)744-0101 PH.(630)420-7740 FAX(630)420-7741 j` '¢ ®F�y�io��l �s WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID LEGAL DESCRIPTION. LAND t�� DATE: 02-06-07 SCALE: 1" = 40 DRAWN BY: AL CHECKED BY: DJZ SURVEYOR GIVEN UNDER MY HAND AND SEAL THIS DAY QF ,!s"�7 PREPARED FOR: FIELD BOOK: STATE OF r Z -� nna CRESTVIEW BUILDERS ILLINOIS .''0 4431 WHITE ASH LANE PAGE: NAPERVILLE, ILLINOIS 60564 ; 'i��`�®®�,��`� BY ILL ON L rDRAYNSANG, YOR (MY LICENSE ExPIREs 11-3o-2m) DRAWING No.: 'o®:;g�g'1110fiK�je` TO ENSUR AUTHENTI ITY F T IT MUST BEAR THE EMBOSSED SEAL 106—N-0565—VACA OF THE DESIGN FIRM ROFES ICENSEE WHO PREPARED THIS DRAWING. DRAWING TITLE: EASEMENT VACATION EXHIBIT J LEGAL DESCRIPTION OF THE PROPOSED 10 FOOT PROPERTY ADDRESS: 1402 WALSH DRIVE,YORKVILLE, IL SIDEWALK AND PEDESTRIAN EASEMENT EASEMENT EXHIBIT GRAPHIC SCALE THAT PART OF LOT 200 IN GREEN BRIAR P.U.D. UNIT 4, A SUBDIVISION OF THAT PART OF SECTION 5, BEING A PART OF LOT 200 IN GREEN BRIAR 40 0 20 40 so 160 TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LABELED AND DEPICTED AS A 10 P.U.D. UNIT 4, A SUBDIVISION IN SECTION 5, FOOT SIDEWALK AND PEDESTRIAN EASEMENT ON SAID IN TOWNSHIP 36 NORTH, RANGE 7, EAST OF LOT, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 22, 2002, AS DOCUMENT NUMBER THE THIRD PRINCIPAL MERIDIAN, IN KENDALL IN FEET ) , 200200025411, AND MORE PARTICULARLY DESCRIBED COUNTY, ILLINOIS. AS COMMENCING AT THE NORTHWESTERN MOST CORNER 1 inch = 40 ft. OF SAID LOT 200; THENCE SOUTHEASTERLY ON THE � THWESTERVYE LINE OF SAID LOT. SAID IN RADIUS OF LEGEND BASIS OF ,BEARINGS IS THE ASSUMED VALUE OF j 1109.78 FEET, AN ARC DISTANCE OF 18.95 FEET TO S82'24 54 W FOR THE NORTH LINE OF LOT 200. THE SOUTHERLY LIMITS OF THE PROPOSED 10 FOOT SIDEWALK AND PEDESTRIAN EASEMENT; THENCE THE P. RA POINT OF COMMENCING R^ FOLLOWING SEVEN COURSES AND DISTANCES ALONG THE LIMITS OF SAID EASEMENT ON LOT 200; NORTH 63 P.O.B. POINT OF BEGINNING DEGREES 39 MINUTES 05 SECONDS EAST, 153.29 FEET PROPpSEQ�10,SH7�WACl�-&X.� i INx i1 •f rp, '�,+� TO A LINE 10 FEET SOUTH OF, AS MEASURED 10 PEDE�fTRI•Ak-E1&4.4r T'' , I ' r ,�j'Ia'T i PERPENDICULAR TO, THE NORTH LINE OF SAID LOT 200; "�r'9, '-' '"-•s+' � ` •ud THENCE NORTH 82 DEGREES 24 MINUTES 54 SECONDS PI „pSED 10' SIDEWALK & �2:e�9,�' - I' o ��' _;� ,•'•r.,,l r r r , '� ••,. „� I EAST PARALLEL WITH SAID NORTH LINE,206.97 FEET; 33 -�P DESTRIAN EASEMENT ,-(3 _, '2�5 , Icy•� , r ; ' I St THENCE SOUTH 14 DEGREES 23 MINUTES 17 SECONDS - - i '2 .% tT3� EAST, 44.32 FEET TO THE SOUTHERLY LINE OF SAID - ' —__ —---—'---��•y^- - 9:0 LOT 200; THENCE NORTH 66 DEGREES 59 MINUTES 43 GREEN BRIAR ;�r,,-'- � °------ -•6Es;_ :� s-•r� �,.•, ' ' ' . SECONDS EAST, ON SAID SOUTH LINE, 10.11 FEET; _-- _ - -- -------- _ -_ '- 1 ,.;•• y/1 ' , r r M UNIT 2 __ �_--- THENCE NORTH 14 DEGREES 23 MINUTES 17 SECONDS ': --`� ____ - "" `, % '» , ' ; lAn ri WEST, 51.70 FEET TO THE NORTH LINE OF SAID LOT \ _.,,. -, ��_ 'nom __ � r 200; THENCE SOUTH 82 DEGREES 24 MINUTES 54 xwac ,-��,s•'� -- --- Tcr - '67' xwrr "'"° SECONDS WEST, ON SAID NORTH LINE, 217.50 FEET; ��" THENCE SOUTH 63 DEGREES 39 MINUTES 05 SECONDS •�1* � + r x WEST, 155.22 FEET TO THE SOUTHWESTERLY LINE OF 4J, / / , xmw " `------------- xaz� fSAID LOT 200; THENCE SOUTHEASTERLY ON SAID Xrt D + I /,SOUTHWESTERLY LINE, SAID LINE BEING A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF P.O.\7N\ \ ' ' ` e rr jyoo r aas e' LOT Ln �xl1109.78 FEET, AN ARC LENGTH OF 10.00 FEET TO THE K ,. `�' LO at -POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. '9 `teas X•It0 J \ ✓ , r fi ' 1 �S DRAINAGE &.`UTILITY 6p n\ \� }, - _x.,�„_ u x ��..�,� _ .,``\` X.X EASEMENT x�, NIT 4 AIL O *10"DRAItfAGd O. ,.� �° `xi �` ` \+ X&" 4 Tl EASEWE I t X � X , h0.11' „ 186'59'43 E 7- P.O. . -'' X ,. 200 Q /waN i' .b� '�g'.; ,' .' xI•ab I Xo m x XIAx G� G) X" �yF r i xAww' NOTE: ALL EASEMENTS DEPICTED HEREON HAVE BEEN HERETOFORE GRANTED BY THE GREEN BRIAR P.U.D. UNIT 4, SUBDIVISION PLAT UNLESS OTHERWISE NOTED. Ot 00 R i / 5.0' DRAINAGE & REVISIONS CP. 'Oy / UTILITY o. DATE DESCRIPTION BY J O, EASEMENT .J ty 1 02-14-07 REVISED PER CLIENT REVIEW AL • 60 .......... .• 10.0' PUBLIC UTILITY & STATE OF ILLI IS ) n DRAINAGE EASEMENT COUNTY OF WILL )SS 30' BLDG. SETBACK LINE Ruetti g er, Tonelli & Associates, Inc. ++�`� ZIE RUETTIGER, TONELLI & ASSOCIATES, INC., ILLINOIS PROFESSIONAL DESIGN FIRM Surveyors*Engineers*Planners•Landscape Arclritects•G.LS.Consultants ` 2174 ONEIDA STREET 2603 S.WASHINGTON STREET-SUITE 170 ...... No. 1 84-001 251, HEREBY CERTIFIES THAT IT HAS PLATTED THE PROPERTY JOLIET,ILLINOIS 60435 NAPERVILLE,ILLINOIS 60565 DESCRIBED IN THE ABOVE CAPTION AND AS SHOWN ON THE ANNEXED PLAT, pH.(815)744 6600 FAX(815)744-0101 PH.(630)420-7740 FAX(630)420-7741 WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID LEGAL DESCRIPTION L DATE: 02-06-07 SCALE: 1" = 40' IDRAWN BY.AL CHECKED BY: DJZ GIVEN UNDER a AND AND SEAL THIS DAY OF je •`•• ,t� ,r �� 4, PREPARED FOR: PAGE:BOOK: CRESTVIEW BUILDERS 4431 WHITE ASH LANE / l� \ e�+ BY NAPERVILLE, ILLINOIS 60564 DRAWING No.: r,�.rrtasssrs'Ilttatt�e01 ILL RO N A MY LICENSE EXPIRES 11-30-2008) TO ENSURE AUTHENTICITY F IS D G, IT MUST BEAR THE EMBOSSED SEAL 106-N-0565-EASE OF THE DESIGN FIRM OR P SSION CENSEE WHO PREPARED THIS DRAWING. DRAWING TITLE: EASEMENT EXHIBIT DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 13:00:13 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ACCURINT ACCURINT - ACCOUNT #1249304 124930420070228 02/28/07 01 POLICE-BACKGROUND CHECKS 01-210-65-00-5804 03/27/07 47.00 OPERATING SUPPLIES INVOICE TOTAL: 47.00 VENDOR TOTAL: 47.00 ADVANTAG ADVANTAGE REPORTING SERVICE 07JO28 02/21/07 01 ARO-KENDALL MARKETPLACE 01-000-13-00-1372 03/27/07 1,778.10 A/R-OTHER INVOICE TOTAL: 1,778.10 07JO48 03/05/07 01 ARO-KENDALL MARKETPLACE 01-000-13-00-1372 03/27/07 351.35 A/R-OTHER INVOICE TOTAL: 351.35 07JO52 03/05/07 01 ARO-KENDALL MARKETPLACE 01-000-13-00-1372 03/27/07 714.20 A/R-OTHER INVOICE TOTAL: 714.20 VENDOR TOTAL: 2,843.65 ALFORDR RICHARD ALFORD, PH.D. 022807 02/28/07 01 POLICE-PSYCH TEST 01-210-62-00-5429 00303822 03/27/07 250.00 PSYCHOLOGICAL TESTING INVOICE TOTAL: 250.00 031207 03/12/07 01 POLICE-PSYCH TESTING 01-210-62-00-5429 00303834 03/27/07 250.00 PSYCHOLOGICAL TESTING INVOICE TOTAL: 250.00 VENDOR TOTAL: 500.00 ANCEL ANCEL, GLINK, DIAMOND, BUSH, 5369 02/16/07 01 AR-LANDFILL LEGAL MATTERS 01-000-13-00-1375 03/27/07 20,918.73 A/R LANDFILL INVOICE TOTAL: 20,918.73 VENDOR TOTAL: 20,918.73 (''� Pi DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 13:00:13 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ APWA-FV APWA-FV 022206 02/22/06 01 PLAN/DEV-REGISTRATION 01-220-64-00-5604 03/27/07 75.00 TRAINING & CONFERENCES 02 STREETSCAPING SEMINAR ** COMMENT ** INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 ARROLAB ARRO LABORATORY, INC. 36996 02/23/07 01 WATER OP-1ST QTR WATER SAMPLES 51-000-65-00-5822 00203583 03/27/07 368.90 WATER SAMPLES INVOICE TOTAL: 368.90 VENDOR TOTAL: 368.90 ASOCTECH ASSOCIATED TECHNICAL SERVICES 16943 02/23/07 01 WATER OP-PINPOINT LEAK ON 305 51-000-65-00-5804 00203671 03/27/07 726.00 OPERATING SUPPLIES 02 CENTER PARKWAY ** COMMENT ** INVOICE TOTAL: 726.00 VENDOR TOTAL: 726.00 ATT AT&T 6305531141-0207 02/25/07 01 POLICE-FAX, PHONE 01-210-62-00-5436 03/27/07 151.56 TELEPHONE INVOICE TOTAL: 151.56 6305531577-0207 02/25/07 01 WATER OP-LIFT STATIONS 51-000-62-00-5436 03/27/07 418.20 TELEPHONE INVOICE TOTAL: 418.20 6305532406-0107 01/25/07 01 WATER OP-610 TOWER LANE 51-000-62-00-5436 03/27/07 56.71 TELEPHONE INVOICE TOTAL: 56.71 P2 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 13:00:14 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ATT AT&T 6305532406-1206 12/25/06 01 WATER OP-610 TOWER LANE 51-000-62-00-5436 03/27/07 47.97 TELEPHONE INVOICE TOTAL: 47.97 6305534349-0207 02/25/07 01 ADMIN-NORTEL & CENTEX 01-110-62-00-5436 03/27/07 612.66 TELEPHONE 02 POLICE-NORTEL & CENTEX 01-210-62-00-5436 612.66 TELEPHONE 03 WATER OP-NORTEL & CENTEX 51-000-62-00-5436 612.67 TELEPHONE INVOICE TOTAL: 1,837.99 6305537575-0207 02/25/07 01 ADMIN-CITY HALL FAX 01-110-62-00-5436 03/27/07 27.08 TELEPHONE INVOICE TOTAL: 27.08 630R262965-0207 02/16/07 01 ADMIN-CITY HALL NORTEL 01-110-62-00-5436 03/27/07 925.78 TELEPHONE 02 POLICE-CITY HALL NORTEL 01-210-62-00-5436 925.78 TELEPHONE 03 WATER OP-CITY HALL NORTEL 51-000-62-00-5436 925.79 TELEPHONE INVOICE TOTAL: 2,777.35 708z911001-0207 02/16/07 01 WATER OP-ALARM CIRCUIT 51-000-62-00-5436 03/27/07 98.09 TELEPHONE INVOICE TOTAL: 98.09 VENDOR TOTAL: 5,414.95 ATTINTER AT&T INTERNET SERVICES 842804266-0207 02/09/07 01 ADMIN-T.1 SERVICE 01-110-62-00-5436 03/27/07 463.20 TELEPHONE INVOICE TOTAL: 463.20 VENDOR TOTAL: 463.20 P3 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 13:00:14 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ATTLONG AT&T LONG DISTANCE 851600270-0207 02/01/07 01 WATER OP-MONTHLY USAGE 51-000-62-00-5436 03/27/07 1.80 TELEPHONE INVOICE TOTAL: 1.80 VENDOR TOTAL: 1.80 AURTRI AURORA TRI STATE FIRE 105823 02/28/07 01 POLICE-22 EXTINGUISHER CHECKS 01-210-65-00-5804 00303828 03/27/07 233.75 OPERATING SUPPLIES INVOICE TOTAL: 233.75 VENDOR TOTAL: 233.75 BRENART BRENART EYE CLINIC 475862 02/26/07 01 POLICE-EXAM 01-210-62-00-5430 03/27/07 40.00 HEALTH SERVICES INVOICE TOTAL: 40.00 VENDOR TOTAL: 40.00 CAMBRIA CAMBRIA SALES COMPANY INC. 23874 02/27/07 01 ADMIN-TOWELS, TRASH LINERS 01-110-65-00-5804 03/27/07 138.40 OPERATING SUPPLIES INVOICE TOTAL: 138.40 VENDOR TOTAL: 138.40 CARGILL CARGILL, INC 1846308 02/23/07 01 WATER OP-SALT WELL 8 & 9 51-000-65-00-5820 00203669 03/27/07 2,117.95 CHEMICALS INVOICE TOTAL: 2,117.95 1846674 02/23/07 01 WATER OP-SALT WELL #7 51-000-65-00-5820 00203669 03/27/07 2,049.97 CHEMICALS INVOICE TOTAL: 2,049.97 P4 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 13:00:14 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CARGILL CARGILL, INC 1846997 02/25/07 01 MFT-SALT 15-000-65-00-5818 00203576 03/27/07 819.57 SALT INVOICE TOTAL: 819.57 1849410 02/27/07 01 MFT-SALT 15-000-65-00-5818 00203576 03/27/07 4,936.92 SALT INVOICE TOTAL: 4,936.92 1849596 02/27/07 01 WATER OP-SALT WELL 3 & 4 51-000-65-00-5820 00203669 03/27/07 2,038.67 CHEMICALS INVOICE TOTAL: 2,038.67 1851990 02/28/07 01 MFT-SALT 15-000-65-00-5818 00203576 03/27/07 3,980.87 SALT INVOICE TOTAL: 3,980.87 VENDOR TOTAL: 15,943.95 CDWG CDW GOVERNMENT INC. DPJ7585 02/26/07 01 POLICE-6 OFFICE 2007 STANDARD 01-210-75-00-7002 00303807 03/27/07 1,379.82 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 1,379.82 DQD7450 02/28/07 01 ENG-1 OFFICE PRO LICENSE, 01-150-75-00-7002 00102452 03/27/07 987.29 COMPUTER EQUIPMENT & SOFTW 02 1 OFFICE STANDARD LICENSE ** COMMENT ** INVOICE TOTAL: 987.29 DQP2938 03/01/07 01 ADMIN-6 OFFICE PRO LICENSE, 1 01-110-75-00-7002 00102453 03/27/07 2,014.25 COMPUTER EQUIP & SOFTWARE 02 STANDARD ** COMMENT ** INVOICE TOTAL: 2,014.25 VENDOR TOTAL: 4,381.36 CINTAS CINTAS FIRST AID & SAFETY P5 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 13:00:15 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CINTAS CINTAS FIRST AID & SAFETY 0343405255 03/12/07 01 ADMIN-REFILL MEDICINE CABINET 01-110-65-00-5802 03/27/07 45.00 OFFICE SUPPLIES INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 COLDUP COLLEGE OF DUPAGE SLE00730087 03/06/07 01 POLICE-2 REGISTRATON FEES FOR 01-210-64-00-5604 00303829 03/27/07 600.00 TRAINING & CONFERENCE 02 INTERNAL AFFAIRS CLASS ** COMMENT ** INVOICE TOTAL: 600.00 VENDOR TOTAL: 600.00 COMED COMMONWEALTH EDISON 0662076002-0307 03/01/07 01 STREET-LIGHTS 01-410-62-00-5435 03/27/07 3,670.64 ELECTRICITY INVOICE TOTAL: 3,670.64 2019099044-0307 03/08/07 01 WATER OP-CITY WELLS 51-000-62-00-5435 03/27/07 12,769.34 ELECTRICITY INVOICE TOTAL: 12,769.34 6819027011-0307 03/07/07 01 STREETS-PARK & REC BUILDINGS 01-410-62-00-5435 03/27/07 1,158.88 ELECTRICITY INVOICE TOTAL: 1,158.88 VENDOR TOTAL: 17,598.86 CONSTELL CONSTELLATION NEW ENERGY 01346596 03/05/07 01 WATER OP-CITY WELLS 51-000-62-00-5435 03/27/07 50.14 ELECTRICITY INVOICE TOTAL: 50.14 01353535 03/08/07 01 WATER OP-CITY WELLS 51-000-62-00-5435 03/27/07 408.80 ELECTRICITY INVOICE TOTAL: 408.80 P6 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 13:00:15 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CONSTELL CONSTELLATION NEW ENERGY 01353537 03/08/07 01 WATER OP-CITY WELLS 51-000-62-00-5435 03/27/07 163.75 ELECTRICITY INVOICE TOTAL: 163.75 01353538 03/08/07 01 WATER OP-CITY WELLS 51-000-62-00-5435 03/27/07 229.62 ELECTRICITY INVOICE TOTAL: 229.62 01353539 03/08/07 01 WATER OP-CITY WELLS 51-000-62-00-5435 03/27/07 352.41 ELECTRICITY INVOICE TOTAL: 352.41 VENDOR TOTAL: 1,204.72 CROWE CROWE GROUP LLP 707-1480851 03/05/07 01 ADMIN-AUDIT FINAL BILL 01-110-61-00-5304 03/27/07 1,530.00 AUDIT FEES & EXPENSES INVOICE TOTAL: 1,530.00 VENDOR TOTAL: 1,530.00 CRYSTAL CRYSTALTECH 703080542338214 03/09/07 01 ADMIN-WEBSITE 01-110-65-00-5800 03/27/07 80.85 CONTINGENCIES INVOICE TOTAL: 80.85 VENDOR TOTAL: 80.85 DELANEYD DELANEY, DAVID 031207 03/12/07 01 POLICE-TUITION REIMBURSEMENT 01-210-64-00-5608 00303832 03/27/07 980.00 TUITION REIMBURSEMENT INVOICE TOTAL: 980.00 VENDOR TOTAL: 980.00 DEPO DEPO COURT REPORTING SVC, INC P7 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 13:00:15 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DEPO DEPO COURT REPORTING SVC, INC 12927 03/08/07 01 AR-LANDFILL TRANSCRIPTS 01-000-13-00-1375 03/27/07 2,519.00 A/R LANDFILL INVOICE TOTAL: 2,519.00 12931 03/09/07 01 AR-LANDFILL TRANSCRIPTS 01-000-13-00-1375 03/27/07 4,097.00 A/R LANDFILL INVOICE TOTAL: 4,097.00 12933 03/10/07 01 AR-LANDFILL MINUTES 01-000-13-00-1375 03/27/07 4,145.00 A/R LANDFILL INVOICE TOTAL: 4,145.00 12936 03/11/07 01 AR-LANDFILL MINUTES 01-000-13-00-1375 03/27/07 6,033.00 A/R LANDFILL INVOICE TOTAL: 6,033.00 12939 03/13/07 01 AR-LANDFILL MINUTES 01-000-13-00-1375 03/27/07 2,771.00 A/R LANDFILL INVOICE TOTAL: 2,771.00 VENDOR TOTAL: 19,565.00 DILLONS SALLY DILLON 030207 03/02/07 01 POLICE-REIMBURSE WEARING 01-210-62-00-5421 00303823 03/27/07 302.27 WEARING APPAREL 02 APPAREL ** COMMENT ** INVOICE TOTAL: 302.27 VENDOR TOTAL: 302.27 DOMESTIC DOMESTIC UNIFORM RENTAL 022807 02/28/07 01 STREETS-FEBRUARY UNIFORMS 01-410-62-00-5421 03/27/07 225.80 WEARING APPAREL 02 WATER OP-FEBRUARY UNIFORMS 51-000-62-00-5421 225.80 WEARING APPAREL P8 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 13:00:16 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DOMESTIC DOMESTIC UNIFORM RENTAL 022807 02/28/07 03 SEWER OP-FEBRUARY UNIFORMS 52-000-62-00-5421 03/27/07 225.80 WEARING APPAREL INVOICE TOTAL: 677.40 VENDOR TOTAL: 677.40 EASYLINK EASYLINK SERVICES CORP. 07638350703 03/02/07 01 POLICE-DETECTIVE BROCHURE 01-210-65-00-5804 03/27/07 0.77 OPERATING SUPPLIES INVOICE TOTAL: 0.77 VENDOR TOTAL: 0.77 EBC EMPLOYEE BENEFITS CORPORATION 277553 02/22/07 01 ADMIN-APR. ADMINISTRATION FEES 01-110-72-00-6501 03/27/07 450.00 SOCIAL SECURITY & MEDICARE INVOICE TOTAL: 450.00 VENDOR TOTAL: 450.00 EEI ENGINEERING ENTERPRISES, INC. 39012 02/28/07 01 ENG-IEPA PWS LOAN PROGRAM 01-150-62-00-5401 03/27/07 378.00 CONTRACTUAL SERVICES 02 DOCUMENTATION ** COMMENT ** INVOICE TOTAL: 378.00 39013 02/28/07 01 ARO-WESTBURY VILLAGE 01-000-13-00-1372 03/27/07 330.00 A/R-OTHER INVOICE TOTAL: 330.00 39014 02/28/07 01 ARO-RAINTREE VILLAGE 01-000-13-00-1372 03/27/07 264.00 A/R-OTHER INVOICE TOTAL: 264.00 39015 02/28/07 01 ARO-NORTHGATE SUBDIVISION 01-000-13-00-1372 03/27/07 189.00 A/R-OTHER INVOICE TOTAL: 189.00 P9 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 13:00:16 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 39016 02/28/07 01 ARO-BAILEY MEADOWS 01-000-13-00-1372 03/27/07 660.00 A/R-OTHER INVOICE TOTAL: 660.00 39017 02/28/07 01 WATER IMPROV-CONTRACT B.1 41-000-61-00-5301 03/27/07 451.50 ENGINEERING - GENERAL SERV 02 WELLS 3 & 4 TREATMENT FACILITY ** COMMENT ** INVOICE TOTAL: 451.50 39018 02/28/07 01 ARO-ROUTE 34 WATERMAIN 01-000-13-00-1372 03/27/07 1,742.75 A/R-OTHER INVOICE TOTAL: 1,742.75 39019 02/28/07 01 ARO-ROB ROY FALLS 01-000-13-00-1372 03/27/07 264.00 A/R-OTHER INVOICE TOTAL: 264.00 39020 02/28/07 01 ARO-BRISTOL BAY 01-000-13-00-1372 03/27/07 954.00 A/R-OTHER INVOICE TOTAL: 954.00 39021 02/28/07 01 ENG-RAYMOND STORM SEWER 01-150-62-00-5401 03/27/07 560.00 CONTRACTUAL SERVICES 02 OUTFALL ** COMMENT ** INVOICE TOTAL: 560.00 39022 02/28/07 01 ARO-PRESTWICK OF YORKVILLE 01-000-13-00-1372 03/27/07 2,697.00 A/R-OTHER INVOICE TOTAL: 2,697.00 39023 02/28/07 01 ARO-YORKWOOD ESTATES 01-000-13-00-1372 03/27/07 4,608.00 A/R-OTHER INVOICE TOTAL: 4,608.00 39024 02/28/07 01 ARO-CHALLY PROPERTY 01-000-13-00-1372 03/27/07 1,008.00 A/R-OTHER INVOICE TOTAL: 1,008.00 P10 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 13:00:16 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 39025 02/28/07 01 ARO-WALMART 01-000-13-00-1372 03/27/07 330.00 A/R-OTHER INVOICE TOTAL: 330.00 39026 02/28/07 01 ARO-KENDALLWOOD ESTATES 01-000-13-00-1372 03/27/07 291.00 A/R-OTHER INVOICE TOTAL: 291.00 39027 02/28/07 01 ARO-RATOS/HERREN PROPERTY 01-000-13-00-1372 03/27/07 450.00 A/R-OTHER INVOICE TOTAL: 450.00 39028 02/28/07 01 ARO-MPI SOUTH 01-000-13-00-1372 03/27/07 4,348.50 A/R-OTHER INVOICE TOTAL: 4,348.50 39029 02/28/07 01 WATER IMPROV-FOX RD AREA 41-000-61-00-5422 03/27/07 3,660.00 DRAINAGE STUDY 02 DRAINAGE STUDY ** COMMENT ** INVOICE TOTAL: 3,660.00 39030 02/28/07 01 ARO-RUSH COPLEY 01-000-13-00-1372 03/27/07 11,235.00 A/R-OTHER INVOICE TOTAL: 11,235.00 39031 02/28/07 01 ARO-HUDSON LAKES 01-000-13-00-1372 03/27/07 1,881.00 A/R-OTHER INVOICE TOTAL: 1,881.00 39032 02/28/07 01 ARO-KENDALL MARKETPLACE 01-000-13-00-1372 03/27/07 1,072.50 A/R-OTHER INVOICE TOTAL: 1,072.50 39033 02/28/07 01 ARO-WESTBURY WEST VILLAGE 01-000-13-00-1372 03/27/07 1,164.00 A/R-OTHER INVOICE TOTAL: 1,164.00 P11 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 13:00:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 39034 02/28/07 01 ARO-WESTBURY NORTH VILLAGE 01-000-13-00-1372 03/27/07 1,260.00 A/R-OTHER INVOICE TOTAL: 1,260.00 39035 02/28/07 01 ARO-WESTBURY MIDDLE VILLAGE 01-000-13-00-1372 03/27/07 1,227.00 A/R-OTHER INVOICE TOTAL: 1,227.00 39036 02/28/07 01 ARO-BRIGHTON OAKS II 01-000-13-00-1372 03/27/07 642.00 A/R-OTHER INVOICE TOTAL: 642.00 39037 02/28/07 01 WATER IMPROV-CONTRACT F.6 41-000-61-00-5418 03/27/07 448.50 F6 GREENBRIAR ROAD EXTENSI 02 GREEN BRIAR RD. EXTENSION ** COMMENT ** INVOICE TOTAL: 448.50 39038 02/28/07 01 ARO-SIX PILLARS OF YORKVILLE 01-000-13-00-1372 03/27/07 264.00 A/R-OTHER INVOICE TOTAL: 264.00 39039 02/28/07 01 WATER IMPROV-CONTRACT F.1 41-000-61-00-5402 03/27/07 10,000.00 ENGINEERING-SW H2O PROJECT 02 WELL 10 ** COMMENT ** INVOICE TOTAL: 10,000.00 39040 02/28/07 01 WATER IMPROV-CONTRACT F.2 WELL 41-000-61-00-5402 03/27/07 27,894.64 ENGINEERING-SW H2O PROJECT 02 10 WTP ** COMMENT ** INVOICE TOTAL: 27,894.64 39041 02/28/07 01 WATER IMPROV-CONTRACT F.4 41-000-61-00-5402 03/27/07 5,501.50 ENGINEERING-SW H2O PROJECT 02 2.0 MG E.W.S.T. ** COMMENT ** INVOICE TOTAL: 5,501.50 P12 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 13:00:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EEI ENGINEERING ENTERPRISES, INC. 39042 02/28/07 01 WATER IMPROV-CONTRACT F.5 41-000-61-00-5402 03/27/07 8,000.00 ENGINEERING-SW H2O PROJECT 02 BP/PRV STATION ** COMMENT ** INVOICE TOTAL: 8,000.00 39043 02/28/07 01 AR-SOUTHWEST WASTE FACILITY 01-000-13-00-1375 03/27/07 3,521.39 A/R LANDFILL INVOICE TOTAL: 3,521.39 39044 02/28/07 01 WATER IMPROV-CONTRACT F.9 41-000-61-00-5421 03/27/07 14,579.12 F9 PAVILION ROAD 02 PAVILLION ROAD ** COMMENT ** INVOICE TOTAL: 14,579.12 39045 02/28/07 01 ARO-WATER PARK 01-000-13-00-1372 03/27/07 3,079.50 A/R-OTHER INVOICE TOTAL: 3,079.50 39046 02/28/07 01 ARO-ROUTE 71 & 126 DEVELOPMENT 01-000-13-00-1372 03/27/07 676.50 A/R-OTHER INVOICE TOTAL: 676.50 39047 02/28/07 01 ARO-WELL #8 ELECTRICAL REPAIR 01-000-13-00-1372 03/27/07 1,516.77 A/R-OTHER INVOICE TOTAL: 1,516.77 VENDOR TOTAL: 117,149.17 EJEQUIP EJ EQUIPMENT 0022489 02/28/07 01 SEWER OP-HOSE, VALVE FOR 52-000-62-00-5408 00202962 03/27/07 696.46 MAINTENANCE-EQUIPMENT 02 VAC CON ** COMMENT ** INVOICE TOTAL: 696.46 VENDOR TOTAL: 696.46 P13 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 14 DIME: 13:00:17 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ FEDEX FEDEX 8-715-07649 02/28/07 01 AR-1 PACKAGE SHIPPED 01-000-13-00-1375 03/27/07 15.88 A/R LANDFILL INVOICE TOTAL: 15.88 VENDOR TOTAL: 15.88 FIRST FIRST PLACE RENTAL 149600 03/01/07 01 STREETS-PUMP, HOSE 01-410-62-00-5421 03/27/07 92.40 WEARING APPAREL INVOICE TOTAL: 92.40 VENDOR TOTAL: 92.40 FOXRIDGE FOX RIDGE STONE 2019 02/28/07 01 WATER OP-GRAVEL FOR WATER 51-000-65-00-5817 00203577 03/27/07 426.56 GRAVEL 02 MAIN BREAKS ** COMMENT ** INVOICE TOTAL: 426.56 VENDOR TOTAL: 426.56 FOXVALLE FOX VALLEY TROPHY & AWARDS 21695 03/12/07 01 AR-NAME PLATE & HOLDER 01-000-13-00-1375 03/27/07 14.00 A/R LANDFILL INVOICE TOTAL: 14.00 VENDOR TOTAL: 14.00 GALLS GALL'S INC. 5875655700029 03/08/07 01 POLICE-PEPPER SPRAY 01-210-62-00-5421 03/27/07 19.52 WEARING APPAREL INVOICE TOTAL: 19.52 VENDOR TOTAL: 19.52 GJOVIKCH GJOVIK CHEVROLET P14 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 13:00:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ GJOVIKCH GJOVIK CHEVROLET CVCS137839 02/27/07 01 POLICE-ELECTRIAL REPAIRS, 01-210-62-00-5409 00303824 03/27/07 936.36 MAINTENANCE - VEHICLES 02 FRONT END ALIGNMENT, TIE RODS, ** COMMENT ** 03 FRONT BRAKES ** COMMENT ** INVOICE TOTAL: 936.36 VENDOR TOTAL: 936.36 GJOVIKFD GJOVIK FORD-MERCURY, INC. 219180 03/05/07 01 POLICE-ALTERNATOR, BATTERY 01-210-62-00-5409 00303830 03/27/07 732.44 MAINTENANCE - VEHICLES INVOICE TOTAL: 732.44 VENDOR TOTAL: 732.44 GREATAME GREATAMERICA LEASING CORP. 6333972 03/07/07 01 ADMIN-6 COPIERS LEASE 01-110-62-00-5412 03/27/07 1,964.69 MAINTENANCE - PHOTOCOPIERS 02 WATER OP-PW'S COPIER 51-000-65-00-5809 140.00 PRINTING & COPYING INVOICE TOTAL: 2,104.69 VENDOR TOTAL: 2,104.69 HAAKEL LAURA HAAKE 030207 03/02/07 01 PLAN/DEV-MILEAGE, TOLLS 01-220-64-00-5605 03/27/07 62.51 TRAVEL EXPENSE INVOICE TOTAL: 62.51 VENDOR TOTAL: 62.51 HARRIS HARRIS CT000237 02/28/07 01 WATER OP-ITRON METER INTERFACE 51-000-62-00-5413 03/27/07 750.00 MAINTENANCE-CONTROL SYSTEM INVOICE TOTAL: 750.00 VENDOR TOTAL: 750.00 P15 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 13:00:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ HDSUPPLY HD SUPPLY WATERWORKS, LTD. 4713290 02/19/07 01 WATER OP-METERS & PARTS 51-000-75-00-7508 00203667 03/27/07 294.77 METERS & PARTS INVOICE TOTAL: 294.77 4713302 02/16/07 01 WATER OP-METERS & PARTS 51-000-75-00-7508 00203667 03/27/07 282.97 METERS & PARTS INVOICE TOTAL: 282.97 4742051 02/23/07 01 WATER OP-METERS & PARTS 51-000-75-00-7508 00203667 03/27/07 293.42 METERS & PARTS INVOICE TOTAL: 293.42 VENDOR TOTAL: 871.16 HOGAN FARM PLAN 03 399123 02/28/07 01 STREETS-HOOD 01-410-62-00-5408 00203487 03/27/07 265.00 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 265.00 VENDOR TOTAL: 265.00 ICCI INTERNATIONAL CODES 20070301 03/01/07 01 ADMIN-2ND HALF FEB. PERMITS 01-110-61-00-5314 03/27/07 32,053.75 BUILDING INSPECTIONS INVOICE TOTAL: 32,053.75 20070303 03/09/07 01 ADMIN-1ST HALF MARCH PERMITS 01-110-61-00-5314 03/27/07 22,957.20 BUILDING INSPECTIONS INVOICE TOTAL: 22,957.20 VENDOR TOTAL: 55,010.95 ICE ICE MOUNTAIN 07BB105151347 02/28/07 01 POLICE-8 JUGS OF WATER LESS 01-210-65-00-5804 03/27/07 61.92 OPERATING SUPPLIES P16 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 13:00:18 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ICE ICE MOUNTAIN 07B8105151347 02/28/07 02 DEPOSIT RETURN ** COMMENT ** 03/27/07 INVOICE TOTAL: 61.92 VENDOR TOTAL: 61.92 ILLCO ILLCO, INC. 1132282 03/02/07 01 SEWER OP-VALVE, PIPE SAW 52-000-62-00-5419 03/27/07 115.62 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 115.62 VENDOR TOTAL: 115.62 INLANDDD INLAND DETROIT DIESEL ALLISON 5317381-00 02/27/07 01 ARO-WELL 8 & 8 RE-WIRE 01-000-13-00-1372 00203574 03/27/07 989.46 A/R-OTHER 02 GENERATOR ** COMMENT ** INVOICE TOTAL: 989.46 VENDOR TOTAL: 989.46 INTERSEC INTERSECT, LLC 06-002-004A 12/19/06 01 AR-LANDFILL ISSUES 01-000-13-00-1375 03/27/07 90.00 A/R LANDFILL INVOICE TOTAL: 90.00 VENDOR TOTAL: 90.00 JENSENT JENSEN ENTERTAINMENT INC 4670 03/07/07 01 ADMIN-DEPOSIT FOR COMMUNITY 01-110-64-00-5606 00102461 03/27/07 525.00 PROMOTIONAL/MARKETING EXPE 02 APPRECIATION DAY ** COMMENT ** INVOICE TOTAL: 525.00 VENDOR TOTAL: 525.00 JIFFY JIFFY LUBE P17 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 13:00:19 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ JIFFY JIFFY LUBE 5492810 03/01/07 01 POLICE-M14 OIL CHANGE 01-210-62-00-5409 03/27/07 34.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 34.99 5493069 03/05/07 01 ENG-OIL CHANGE 01-150-62-00-5409 03/27/07 41.64 MAINTENANCE-VEHICLES INVOICE TOTAL: 41.64 5493403 03/09/07 01 POLICE-M2 OIL CHANGE 01-210-62-00-5409 03/27/07 32.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 32.99 VENDOR TOTAL: 109.62 JSHOES J'S SHOE REPAIR 3898-21 03/02/07 01 STREETS-BOOTS 01-410-62-00-5421 03/27/07 45.00 WEARING APPAREL INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 KCSPG KENDALL COUNTY SENIOR 030507 03/05/07 01 ADMIN-SPONSORSHIP 01-110-64-00-5608 03/27/07 150.00 SPONSORSHIPS INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 KUSTOM KUSTOM SIGNAL, INC. 306264 03/06/07 01 POLICE-REMOTE WIRED 01-210-62-00-5409 00303831 03/27/07 154.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 154.00 VENDOR TOTAL: 154.00 LAWSON LAWSON PRODUCTS P18 )ATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 19 LIME: 13:00:19 DETAIL BOARD REPORT CD: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ LAWSON LAWSON PRODUCTS 5374272 03/01/07 01 STREETS-NUT BOLT CLEANERS 01-410-65-00-5804 00203575 03/27/07 397.31 OPERATING SUPPLIES INVOICE TOTAL: 397.31 VENDOR TOTAL: 397.31 LEPPERTL LAURA LEPPERT 105 03/03/07 01 ADMIN-10/3 COW MINUTES 01-110-62-00-5401 03/27/07 158.00 CONTRACTUAL SERVICES INVOICE TOTAL: 158.00 106 03/10/07 01 ADMIN-11/07 COW MINUTES 01-110-62-00-5401 03/27/07 158.00 CONTRACTUAL SERVICES INVOICE TOTAL: 158.00 107 03/13/07 01 ADMIN-12/5 COW MINUTES 01-110-62-00-5401 03/27/07 158.00 CONTRACTUAL SERVICES INVOICE TOTAL: 158.00 VENDOR TOTAL: 474.00 LOGOMAX LOGOMAX 2249 11/14/06 01 POLICE-3 CUSTOM SHIRTS 01-210-62-00-5421 03/27/07 36.00 WEARING APPAREL INVOICE TOTAL: 36.00 2562 02/12/07 01 POLICE-15 HATS 01-210-62-00-5421 00303825 03/27/07 195.00 WEARING APPAREL INVOICE TOTAL: 195.00 VENDOR TOTAL: 231.00 MEADE MEADE ELECTRIC COMPANY, INC. 628492 02/20/07 01 STREETS-REPAIR TRAFFIC SIGNALS 01-410-62-00-5414 00203579 03/27/07 2,008.77 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 2,008.77 VENDOR TOTAL: 2,008.77 P19 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 13:00:19 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENINC MENARDS INC 030807 03/08/07 01 ADMIN-SALES TAX REBATE 01-110-78-00-9003 03/27/07 46,146.04 SALES TAX REBATE INVOICE TOTAL: 46,146.04 VENDOR TOTAL: 46,146.04 MENLAND MENARDS - YORKVILLE 25449 02/21/07 01 WATER OP-VALVES, SCREWDRIVER, 51-000-65-00-5804 03/27/07 58.33 OPERATING SUPPLIES 02 STEM, TUBING, BRUSH, CLOTH ** COMMENT ** INVOICE TOTAL: 58.33 25750 02/23/07 01 STREETS-BULB 01-410-65-00-5804 03/27/07 15.97 OPERATING SUPPLIES INVOICE TOTAL: 15.97 25764 02/23/07 01 WATER OP-BATTERIES 51-000-65-00-5804 03/27/07 9.97 OPERATING SUPPLIES INVOICE TOTAL: 9.97 26485 02/26/07 01 STREETS-MAILBOX & POST 01-410-65-00-5804 03/27/07 51.98 OPERATING SUPPLIES INVOICE TOTAL: 51.98 26747 02/27/07 01 WATER OP-AERATOR 51-000-65-00-5804 03/27/07 5.37 OPERATING SUPPLIES INVOICE TOTAL: 5.37 26929 02/28/07 01 POLICE-KEYS 01-210-65-00-5804 03/27/07 2.28 OPERATING SUPPLIES INVOICE TOTAL: 2.28 26930 02/28/07 01 WATER OP-BATTERIES 51-000-65-00-5804 03/27/07 9.97 OPERATING SUPPLIES INVOICE TOTAL: 9.97 P20 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 13:00:20 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NENLAND MENARDS - YORKVILLE 26943 02/28/07 01 STREETS-WRENCH, RATCHET 01-410-65-00-5815 03/27/07 6.86 HAND TOOLS INVOICE TOTAL: 6.86 27976 03/05/07 01 STREETS-GLOVES 01-410-65-00-5804 03/27/07 14.99 OPERATING SUPPLIES INVOICE TOTAL: 14.99 27980 03/05/07 01 STREETS-BULBS 01-410-62-00-5415 03/27/07 33.94 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 33.94 28016 03/05/07 01 STREETS-SODIUM BULB 01-410-62-00-5415 03/27/07 16.97 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 16.97 28078 03/05/07 01 WATER OP-ADAPTER, DRAINAGE KIT 51-000-65-00-5804 03/27/07 9.53 OPERATING SUPPLIES INVOICE TOTAL: 9.53 28198 03/06/07 01 STREETS-NOZZLE, GLOVES 01-410-65-00-5804 03/27/07 6.39 OPERATING SUPPLIES INVOICE TOTAL: 6.39 28483 03/07/07 01 STREETS-NOZZLES, LIGHT 01-410-65-00-5804 03/27/07 14.85 OPERATING SUPPLIES INVOICE TOTAL: 14.85 28891 03/09/07 01 BLDG/ZONE-PLASTIC, TAPE 01-220-65-00-5804 03/27/07 141.87 OPERATING SUPPLIES INVOICE TOTAL: 141.87 29667 03/12/07 01 ADMIN-KEYS FOR BEECHER 01-110-65-00-5804 03/27/07 3.42 OPERATING SUPPLIES INVOICE TOTAL: 3.42 VENDOR TOTAL: 402.69 P21 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 13:00:20 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ METROMAN METRO MANAGEMENT ASSOCIATION 0022 02/27/07 01 ADMIN-LUNCHEON 01-110-64-00-5605 03/27/07 20.00 TRAVEL/MEALS/LODGING INVOICE TOTAL: 20.00 VENDOR TOTAL: 20.00 MILLERTR TRAVIS MILLER 030107 03/01/07 01 PLAN/DEV-APA SEMINAR 01-220-64-00-5604 03/27/07 30.00 TRAINING & CONFERENCES INVOICE TOTAL: 30.00 VENDOR TOTAL: 30.00 MJELECT MJ ELECTRICAL SUPPLY, INC. 1082561-00 02/25/07 01 STREETS-TRAFFIC LIGHT SUPPLIES 01-410-62-00-5415 00203486 03/27/07 429.70 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 429.70 1082660-00 03/04/07 01 STREETS-TRAFFIC LIGHT SUPPLIES 01-410-62-00-5415 00203486 03/27/07 32.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 32.00 1082820-00 03/04/07 01 STREETS-TRAFFIC LIGHT SUPPLIES 01-410-62-00-5415 00203486 03/27/07 35.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 35.00 VENDOR TOTAL: 496.70 MONTRK MONROE TRUCK EQUIPMENT 264754 02/21/07 01 STREETS-CIRUS JOYSTICK 01-410-62-00-5409 00203483 03/27/07 1,634.71 MAINTENANCE-VEHICLES INVOICE TOTAL: 1,634.71 VENDOR TOTAL: 1,634.71 MOONBEAM MOONBEAM MEDIA P22 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 23 LIME: 13:00:20 DETAIL BOARD REPORT LD: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MOONBEAM MOONBEAM MEDIA 26 02/27/07 01 ADMIN-2/27 CC VIDEO TAPING 01-110-64-00-5607 03/27/07 50.00 PUBLIC RELATIONS INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 NICOR NICOR GAS 154150100060307 03/07/07 01 ADMIN-804 GAME FARM 01-110-78-00-9002 03/27/07 577.17 NICOR GAS INVOICE TOTAL: 577.17 156461353250307 03/07/07 01 ADMIN-1991 CANNONBALL TRAIL 01-110-78-00-9002 03/27/07 149.00 NICOR GAS INVOICE TOTAL: 149.00 234591486250307 03/06/07 01 ADMIN-101 BRUELL STREET 01-110-78-00-9002 03/27/07 356.70 NICOR GAS INVOICE TOTAL: 356.70 451225408130307 03/06/07 01 ADMIN-201 W. HYDRAULIC 01-110-78-00-9002 03/27/07 547.64 NICOR GAS INVOICE TOTAL: 547.64 466947672710307 03/07/07 01 ADMIN-1975 BRIDGE ST 01-110-78-00-9002 03/27/07 200.35 NICOR GAS INVOICE TOTAL: 200.35 773571100040307 03/07/07 01 ADMIN-131 E HYDRAULIC 01-110-78-00-9002 03/27/07 421.43 NICOR GAS INVOICE TOTAL: 421.43 831342836920307 03/07/07 01 ADMIN-1107 PRAIRIE LANE 01-110-78-00-9002 03/27/07 511.31 NICOR GAS INVOICE TOTAL: 511.31 VENDOR TOTAL: 2,763.60 P23 )ATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 24 LIME: 13:00:21 DETAIL BOARD REPORT CD: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ )FFWORK OFFICE WORKS 111667 02/23/07 01 SEWER OP-DRY ERASE BOARD, 52-000-65-00-5802 03/27/07 53.48 OFFICE SUPPLIES 02 MARKERS ** COMMENT ** INVOICE TOTAL: 53.48 112225 03/07/07 01 ADMIN-4 SIGNATURE STAMPS 01-110-65-00-5802 03/27/07 105.00 OFFICE SUPPLIES INVOICE TOTAL: 105.00 112516I 03/13/07 01 AR-MICRO CASSETTES 01-000-13-00-1375 03/27/07 76.90 A/R LANDFILL INVOICE TOTAL: 76.90 VENDOR TOTAL: 235.38 PATTEN PATTEN INDUSTRIES, INC. P53CO095387 02/22/07 01 WATER OP-KEY 51-000-62-00-5408 03/27/07 4.16 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 4.16 VENDOR TOTAL: 4.16 PFPETT P.F. PETTIBONE & CO. 12864 03/08/07 01 ADMIN-4 MINUTE BOOK COVERS 01-110-65-00-5804 00101881 03/27/07 646.50 OPERATING SUPPLIES INVOICE TOTAL: 646.50 VENDOR TOTAL: 646.50 POSTNET POSTNET IL 124 39641 02/26/07 01 AR-LANDFILL COPIES 01-000-13-00-1375 03/27/07 642.45 A/R LANDFILL INVOICE TOTAL: 642.45 39663 02/26/07 01 AR-LANDFILL COPIES 01-000-13-00-1375 03/27/07 94.76 A/R LANDFILL INVOICE TOTAL: 94.76 VENDOR TOTAL: 737.21 P24 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 13:00:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ PRINTPER PRINT PERFECT 00050051 03/06/07 01 ADMIN-100 PROMENADE POSTERS 01-110-64-00-5606 00102462 03/27/07 485.00 PROMOTIONAL/MARKETING EXPE INVOICE TOTAL: 485.00 00050052 03/06/07 01 ADMIN-550 BROCHURES, 01-110-64-00-5606 00102462 03/27/07 1,121.40 PROMOTIONAL/MARKETING EXPE 02 1,200 FLYERS ** COMMENT ** INVOICE TOTAL: 1,121.40 VENDOR TOTAL: 1,606.40 QUILL QUILL CORPORATION 2591283 11/29/06 01 WATER OP-CHAIRS 51-000-62-00-5407 03/27/07 407.88 TREATMENT FACILITIES O&M INVOICE TOTAL: 407.88 4979106 02/27/07 01 AR-STORAGE BOXES 01-000-13-00-1375 00102454 03/27/07 282.56 A/R LANDFILL INVOICE TOTAL: 282.56 4979212 02/27/07 01 ADMIN-BINDER CLIPS 01-110-65-00-5802 03/27/07 24.72 OFFICE SUPPLIES 02 BLDG/ZONE-INK CARTRIDGES, 01-220-65-00-5804 43.16 OPERATING SUPPLIES 03 POST ITS ** COMMENT ** INVOICE TOTAL: 67.88 5018953 02/28/07 01 ADMIN-EASEL PAD, DUSTERS 01-110-65-00-5802 03/27/07 89.23 OFFICE SUPPLIES INVOICE TOTAL: 89.23 5095076 03/02/07 01 POLICE-PENS, INK CARTRIDGES, 01-210-65-00-5802 00303826 03/27/07 465.55 OFFICE SUPPLIES 02 POT IT'S, BINDERS, TONER ** COMMENT ** INVOICE TOTAL: 465.55 P25 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 13:00:21 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ QUILL QUILL CORPORATION 5111375 03/05/07 01 ADMIN-MAILING LABELS 01-110-65-00-5802 03/27/07 55.98 OFFICE SUPPLIES INVOICE TOTAL: 55.98 5130741 03/05/07 01 ENG-BINDER, INK CARTRIDGES 01-150-65-00-5802 03/27/07 109.72 OFFICE SUPPLIES INVOICE TOTAL: 109.72 5171141 03/06/07 01 ENG-MAT 01-150-65-00-5801 03/27/07 86.38 ENGINEERING SUPPLIES 02 ENG-SHEET PROTECTORS 01-150-65-00-5802 14.39 OFFICE SUPPLIES INVOICE TOTAL: 100.77 VENDOR TOTAL: 1,579.57 R0000316 MCVICKERS YORKVILLE LLC 030907 03/09/07 01 ARO-REFUND REMAINIING DEPOSIT 01-000-13-00-1372 03/27/07 2,778.25 A/R-OTHER INVOICE TOTAL: 2,778.25 VENDOR TOTAL: 2,778.25 R0000317 ERIKA LASANSKA 022407 02/24/07 01 ADMIN-REFUND BEECHER RENTAL 01-000-42-00-4281 03/27/07 50.00 BEECHER DEPOSITS INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 SALVARMY SALVATION ARMY 030107 03/01/07 01 ADMIN-4 MONTHS OF MEALS 01-110-64-00-5608 03/27/07 220.00 SPONSORSHIPS INVOICE TOTAL: 220.00 VENDOR TOTAL: 220.00 P26 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 13:00:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SCHOPPE SCHOPPE DESIGN ASSOC. 12178 02/23/07 01 LAND CASH-PRAIRIE MEADOWS PARK 72-000-75-00-7328 00403302 03/27/07 1,700.00 PRAIRIE MEADOWS (MENARDS R INVOICE TOTAL: 1,700.00 12179 02/23/07 01 LAND CASH-GRANDE RESERVE 72-000-75-00-7327 00403302 03/27/07 1,821.43 GRANDE RESERVE PARK DEV. 02 PARK B ** COMMENT ** INVOICE TOTAL: 1,821.43 VENDOR TOTAL: 3,521.43 SECGROUP SEC GROUP, INC. 342221 01/25/07 01 MFT-GAME FARM & SOMONAUK 15-000-75-00-7107 03/27/07 11,050.37 CONSTRUCTION ENGINEERING INVOICE TOTAL: 11,050.37 VENDOR TOTAL: 11,050.37 SERVMAST SERVICEMASTER OF AURORA & 9555 02/27/07 01 STREETS-FEBRUARY CLEANING 01-410-62-00-5401 03/27/07 390.00 CONTRACTUAL SERVICES INVOICE TOTAL: 390.00 VENDOR TOTAL: 390.00 SEYFARTH SEYFARTH SHAW LLP 1324735 02/28/07 01 POLICE-VARIOUS LEGAL MATTERS 01-210-61-00-5300 03/27/07 4,461.25 LEGAL SERVICES INVOICE TOTAL: 4,461.25 VENDOR TOTAL: 4,461.25 SHELL SHELL OIL CO. 065159923703 03/04/07 01 STREETS-FUEL 01-410-65-00-5812 03/27/07 2,510.08 GASOLINE P27 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 13:00:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SHELL SHELL OIL CO. 065159923703 03/04/07 02 WATER OP-FUEL 51-000-65-00-5812 03/27/07 2,510.08 GASOLINE 03 SEWER OP-FUEL 52-000-65-00-5812 2,510.09 GASOLINE INVOICE TOTAL: 7,530.25 VENDOR TOTAL: 7,530.25 SIBENG SIBENALLER, GREGORY 030107 03/01/07 01 ADMIN-VISION ASSISTANCE 01-110-50-00-5205 03/27/07 40.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 40.00 VENDOR TOTAL: 40.00 STELL STELLMACH ELECTRIC, INC. 5 03/06/07 01 ARO-WELLS 8 & 9 01-000-13-00-1372 00203572 03/27/07 5,936.25 A/R-OTHER INVOICE TOTAL: 5,936.25 VENDOR TOTAL: 5,936.25 STILLS STILLS & SON INC. 1781 03/07/07 01 ENG-BATTERY REPAIRS 01-150-62-00-5409 03/27/07 102.00 MAINTENANCE-VEHICLES INVOICE TOTAL: 102.00 VENDOR TOTAL: 102.00 STREICH STREICHERS I418153 03/06/07 01 POLICE-BALLISTIC PLATE INSERT 01-210-62-00-5421 00303835 03/27/07 585.00 WEARING APPAREL INVOICE TOTAL: 585.00 VENDOR TOTAL: 585.00 P28 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 13:00:22 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SUBURBAN SUBURBAN CHICAGO NEWSPAPERS AD 021807 02/18/07 01 ARO-MARKET SQUARE 01-000-13-00-1372 03/27/07 300.00 A/R-OTHER INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 TAPCO TAPCO 265344 02/22/07 01 ARO-PRAIRIE MEADOWS SIGNS 01-000-13-00-1372 00203582 03/27/07 200.93 A/R-OTHER INVOICE TOTAL: 200.93 265349 02/22/07 01 ARO-PRAIRIE MEADOWS SIGNS 01-000-13-00-1372 00203582 03/27/07 200.92 A/R-OTHER INVOICE TOTAL: 200.92 VENDOR TOTAL: 401.85 TELCOM TELCOM-DATA 12312 03/07/07 01 BLDG/ZONE-WIRING FOR PHONES 01-220-62-00-5401 03/27/07 125.00 CONTRACTUAL SERVICES INVOICE TOTAL: 125.00 VENDOR TOTAL: 125.00 TIGERDIR TIGERDIRECT P83068660101 03/06/07 01 ADMIN-SCANNER 01-110-75-00-7002 00101899 03/27/07 273.00 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 273.00 P83175350101 03/09/07 01 ADMIN-2 TOWERS 01-110-75-00-7002 00102458 03/27/07 1,386.00 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 1,386.00 VENDOR TOTAL: 1,659.00 TUCKER TUCKER DEVELOPMENT CORP. P29 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 13:00:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ TUCKER TUCKER DEVELOPMENT CORP. 030107 03/01/07 01 ADMIN-SALES TAX REBATE 01-110-78-00-9003 03/27/07 2,496.75 SALES TAX REBATE INVOICE TOTAL: 2,496.75 VENDOR TOTAL: 2,496.75 ULRICH ULRICH CHEMICAL, INC. 335992 02/21/07 01 WATER OP-CHEMICALS 51-000-65-00-5820 00203670 03/27/07 600.75 CHEMICALS INVOICE TOTAL: 600.75 335993 02/22/07 01 WATER OP-RETURNED CONTAINERS 51-000-65-00-5820 03/27/07 -300.00 CHEMICALS INVOICE TOTAL: -300.00 335994 02/21/07 01 WATE ROP-CHEMICALS 51-000-65-00-5820 00203670 03/27/07 981.25 CHEMICALS INVOICE TOTAL: 981.25 335995 02/22/07 01 WATER OP-RETURNED CONTAINERS 51-000-65-00-5820 03/27/07 -675.00 CHEMICALS INVOICE TOTAL: -675.00 VENDOR TOTAL: 607.00 UNIQUEPR UNIQUE PRODUCTS & SERVICE 160811 02/23/07 01 SEWER OP-P. TOWERS, T. PAPER 52-000-65-00-5805 00203580 03/27/07 158.44 SHOP SUPPLIES INVOICE TOTAL: 158.44 VENDOR TOTAL: 158.44 UPS UNITED PARCEL SERVICE 00004296X2087 02/24/07 01 ADMIN-2 PACKAGES SHIPPED 01-110-65-00-5808 03/27/07 33.17 POSTAGE & SHIPPING P30 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 13:00:23 DETAIL BOARD REPORT ID: AP441000_WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ UPS UNITED PARCEL SERVICE 00004296X2087 02/24/07 02 AR-6 PACKAGES SHIPPED 01-000-13-00-1375 03/27/07 244.90 A/R LANDFILL INVOICE TOTAL: 278.07 00004296X2097 03/03/07 01 ADMIN-SHIPPED 1 PACKAGE 01-110-65-00-5808 03/27/07 36.98 POSTAGE & SHIPPING INVOICE TOTAL: 36.98 VENDOR TOTAL: 315.05 VESCO VESCO 28032 02/26/07 01 ENG-PAPER FOR PLOTTER 01-150-65-00-5801 03/27/07 47.64 ENGINEERING SUPPLIES 02 PLAN/DEV-PAPER FOR PLOTTER 01-220-65-00-5809 47.64 PRINTING & COPYING INVOICE TOTAL: 95.28 VENDOR TOTAL: 95.28 VISA VISA 022307-CITY 02/23/07 01 PLAN/DEV-IPRA MEALS, HOTEL 01-220-64-00-5604 03/27/07 353.80 TRAINING & CONFERENCES 02 ADMIN-ACCESS CLASS MEALS 01-110-64-00-5605 53.33 TRAVEL/MEALS/LODGING 03 ADMIN-IGFOA, ILCMA CONFERENCE 01-110-64-00-5604 540.00 TRAINING & CONFERENCES 04 SEWER OP-PW'S CONF. HOTEL 52-000-64-00-5605 603.10 TRAVEL/MEALS/LODGING 05 TRAVEL EXPENSES ** COMMENT ** 06 ADMIN-DECORATIONS FOR 01-110-64-00-5607 199.40 PUBLIC RELATIONS 07 APPRECIATION DINNER, FLOWERS ** COMMENT ** 08 ADMIN-OIL CHANGE 01-110-65-00-5804 33.65 OPERATING SUPPLIES P31 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 13:00:23 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ VISA VISA 022307-CITY 02/23/07 09 PLAN/DEV-ART MATERIALS 01-220-65-00-5804 03/27/07 36.59 OPERATING SUPPLIES 10 STREETS-PAINT 01-410-62-00-5409 170.45 MAINTENANCE-VEHICLES 11 ADMIN-BOOK 01-110-64-00-5603 45.00 SUBSCRIPTIONS 12 ADMIN-HARD DRIVE 01-110-75-00-7002 96.92 COMPUTER EQUIP & SOFTWARE 13 WATER OP-LABTOP CAR ADAPTOR 51-000-75-00-7002 78.00 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 2,210.24 022307-PD 02/23/07 01 POLICE-PVC CARDS 01-210-65-00-5804 03/27/07 108.76 OPERATING SUPPLIES 02 POLICE-MEALS, ILETSB CONF. 01-210-64-00-5605 505.47 TRAVEL EXPENSES 03 POLICE-ILEAS CONFERENCE 01-210-64-00-5604 300.00 TRAINING & CONFERENCE 04 POLICE-CONTRIBUTE SOFTWARE 01-210-75-00-7002 135.00 COMPUTER EQUIP & SOFTWARE 05 POLICE-FUEL 01-210-65-00-5812 41.15 GASOLINE INVOICE TOTAL: 1,090.38 VENDOR TOTAL: 3,300.62 WAREHOUS WAREHOUSE DIRECT 158529-0 03/02/07 01 ADMIN-ENVELOPES, CASSETTES 01-110-65-00-5802 03/27/07 100.54 OFFICE SUPPLIES INVOICE TOTAL: 100.54 VENDOR TOTAL: 100.54 WASTE WASTE MANAGEMENT 2603992-2011-0 03/01/07 01 HEALTH & SANITATION -FEBRUARY 01-540-62-00-5442 03/27/07 64,608.90 GARBAGE SERVICES INVOICE TOTAL: 64,608.90 VENDOR TOTAL: 64,608.90 P32 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 3.3 TIME: 13:00:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WHITAKER WHITTAKER CONSTRUCTION & 022307-EEI 02/23/07 01 WATER IMPROV-WELLS 3 & 4 WELL 41-000-61-00-5301 03/27/07 3,171.10 ENGINEERING - GENERAL SERV 02 HOUSE & TREATMENT FACILITY ** COMMENT ** INVOICE TOTAL: 3,171.10 VENDOR TOTAL: 3,171.10 WHOLTIRE WHOLESALE TIRE 118025 03/07/07 01 POLICE-BRADE PADS, ROTORS 01-210-62-00-5409 00303833 03/27/07 466.93 MAINTENANCE - VEHICLES INVOICE TOTAL: 466.93 118059 03/09/07 01 POLICE-BATTERY 01-210-62-00-5409 03/27/07 90.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 90.99 VENDOR TOTAL: 557.92 WILLIAMA WILLIAMS, ANNETTE 022607 02/26/07 01 ADMIN-ABWA DINNER 01-110-64-00-5605 03/27/07 10.00 TRAVEL/MEALS/LODGING INVOICE TOTAL: 10.00 VENDOR TOTAL: 10.00 WIREWIZ WIRE WIZARD OF ILLINOIS, INC PC5989 02/26/07 01 WATER OP-ALARM MONITORING 51-000-62-00-5407 00203578 03/27/07 621.00 TREATMENT FACILITIES O&M INVOICE TOTAL: 621.00 VENDOR TOTAL: 621.00 WTRPRD WATER PRODUCTS, INC. 0197140 03/06/07 01 WATER OP-METERS & PARTS 51-000-75-00-7508 00203668 03/27/07 8,624.00 METERS & PARTS INVOICE TOTAL: 8,624.00 VENDOR TOTAL: 8,624.00 P33 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 34 TIME: 13:00:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WYETHATY JOHN JUSTIN WYETH 860 03/12/07 01 ADMIN-ADMINSTRATION MATTERS 01-110-61-00-5300 03/27/07 2,025.00 LEGAL SERVICES INVOICE TOTAL: 2,025.00 861 03/12/07 01 ADMIN-EDC MATTERS 01-110-61-00-5300 03/27/07 562.50 LEGAL SERVICES INVOICE TOTAL: 562.50 862 03/12/07 01 ARO-HARLEM IRVING 01-000-13-00-1372 03/27/07 2,325.00 A/R-OTHER INVOICE TOTAL: 2,325.00 863 03/12/07 01 ARO-MILLAZZO 01-000-13-00-1372 03/27/07 225.00 A/R-OTHER INVOICE TOTAL: 225.00 864 03/12/07 01 ADMIN-PUBLIC WORKS MATTERS 01-110-61-00-5300 03/27/07 187.50 LEGAL SERVICES INVOICE TOTAL: 187.50 865 03/12/07 01 AR-LANDFILL MATTERS 01-000-13-00-1375 03/27/07 2,287.50 A/R LANDFILL INVOICE TOTAL: 2,287.50 VENDOR TOTAL: 7,612.50 WYWROTJ WYWROT, JOE 030207 03/02/07 01 ENG-IDOT SEMINAR MILEAGE & 01-150-64-00-5605 03/27/07 220.54 TRAVEL EXPENSE 02 MEALS ** COMMENT ** INVOICE TOTAL: 220.54 VENDOR TOTAL: 220.54 YBSD YORKVILLE BRISTOL P34 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 35 TIME: 13:00:24 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YBSD YORKVILLE BRISTOL 030807 03/08/07 01 TRUST & AGENCY-SEPT 2006 - 95-000-78-00-9008 03/27/07 1,182,165.50 YBSD PAYMENTS 02 FEB 2007 SANITARY FEES ** COMMENT ** INVOICE TOTAL: 1,182,165.50 0480-000475731 02/28/07 01 WATER OP-FEBRUARY SLUDGE 51-000-62-00-5407 03/27/07 3,151.79 TREATMENT FACILITIES O&M INVOICE TOTAL: 3,151.79 VENDOR TOTAL: 1,185,317.29 YNB OLD SECOND BANK - YORKVILLE 022607 02/26/07 01 ADMIN-SAFE DEPOSIT BOX RENTAL 01-110-62-00-5401 03/27/07 100.00 CONTRACTUAL SERVICES INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 YORKACE YORKVILLE ACE & RADIO SHACK 107901 03/05/07 01 STREETS-MORTAR MIX 01-410-62-00-5420 03/27/07 53.94 MAINTENANCE-STORM SEWER INVOICE TOTAL: 53.94 107992 03/09/07 01 SEWER OP-BATTERIES, BUCKET 52-000-65-00-5802 03/27/07 9.98 OFFICE SUPPLIES INVOICE TOTAL: 9.98 VENDOR TOTAL: 63.92 YORKGFPC YORKVILLE GENERAL FUND 031407 03/14/07 01 ENG-OSHA MEAL & TOLL REIMBURSE 01-150-64-00-5604 03/27/07 39.65 TRAINING & CONFERENCES 02 ENG-BATTERY 01-150-65-00-5801 5.99 ENGINEERING SUPPLIES P35 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 36 TIME: 13:00:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKGFPC YORKVILLE GENERAL FUND 031407 03/14/07 03 STREETS-MAILBOX SCREWS 01-410-65-00-5804 03/27/07 6.77 OPERATING SUPPLIES INVOICE TOTAL: 52.41 VENDOR TOTAL: 52.41 YORKNAPA YORKVILLE NAPA AUTO PARTS 782292 02/02/07 01 STREETS-OIL 01-410-62-00-5408 03/27/07 3.98 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 3.98 782487 02/03/07 01 POLICE-WIPER BLADES 01-210-62-00-5409 03/27/07 18.38 MAINTENANCE - VEHICLES INVOICE TOTAL: 18.38 782609 02/05/07 01 STREETS-CAR CLEANING SUPPLIES 01-410-62-00-5408 03/27/07 17.29 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 17.29 782610 02/05/07 01 WATER OP-BLADE 51-000-62-00-5409 03/27/07 16.54 MAINTENANCE - VEHICLES INVOICE TOTAL: 16.54 783232 02/09/07 01 STREETS-SPARK PLUGS 01-410-62-00-5408 03/27/07 -5.69 MAINTENANCE-EQUIPMENT INVOICE TOTAL: -5.69 783786 02/14/07 01 POLICE-WASHER SOLVENT 01-210-62-00-5409 03/27/07 9.06 MAINTENANCE - VEHICLES INVOICE TOTAL: 9.06 784703 02/23/07 01 WATER OP-WIPERS, ANTI-FREEZE 51-000-62-00-5408 03/27/07 28.53 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 28.53 P36 DATE: 03/15/07 UNITED CITY OF YORKVILLE PAGE: 37 TIME: 13:00:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 03/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKNAPA YORKVILLE NAPA AUTO PARTS 784765 02/23/07 01 STREETS-WIPERS 01-410-62-00-5409 03/27/07 13.92 MAINTENANCE-VEHICLES INVOICE TOTAL: 13.92 784989 02/26/07 01 STREETS-WASHER FLUID 01-410-62-00-5409 03/27/07 22.74 MAINTENANCE-VEHICLES INVOICE TOTAL: 22.74 784990 02/26/07 01 POLICE-WIPER BLADES 01-210-62-00-5409 03/27/07 18.38 MAINTENANCE - VEHICLES INVOICE TOTAL: 18.38 VENDOR TOTAL: 143.13 YORKPDPC YORKVILLE POLICE DEPT. 031207 03/12/07 01 POLICE-PATCH BOARD, FABIC, 01-210-65-00-5804 03/27/07 68.39 OPERATING SUPPLIES 02 BACKGROUND CHECKS ** COMMENT ** 03 POLICE-POSTAGE 01-210-65-00-5808 24.79 POSTAGE & SHIPPING INVOICE TOTAL: 93.18 VENDOR TOTAL: 93.18 TOTAL ALL INVOICES: 1,653,403.54 P37 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 3/3/2007 SOCIAL REGULAR OVERTIME TOTAL IMRF SECURITY TOTALS ADMINISTRATION $28,604.70 $409.50 $29,014.20 $2,072.60 $2,191.40 $33,278.20 ENGINEERING $10,342.85 $0.00 $10,342.85 $787.09 $776.01 $11,905.95 POLICE $68,041.70 $1,454.78 $69,496.48 $404.39 $5,280.51 $75,181.38 C. DEVELOPMENT $8,651.27 $0.00 $8,651.27 $658.36 $658.25 $9,967.88 PUBLIC WORKS $26,271.39 $4,687.21 $30,958.60 $2,297.64 $2,363.40 $35,619.64 PARKS $14,012.10 $34.35 $14,046.45 $1,068.91 $1,068.08 $16,183.44 RECREATION $18,824.02 $0.00 $18,824.02 $1,155.55 $1,438.51 $21,418.08 LIBRARY $13,391.88 $0.00 $13,391.88 $433.68 $1,024.51 $14,850.07 TOTALS $188,139.91 $6,585.84 $194,725.75 $8,878.221 $14,800.67 $218,404.64 TOTAL PAYROLL 3/3/2007 $218,404.64 TOTAL INVOICES 3/27/2007 $1,653,403.54 TOTAL DISBURSEMENTS $1,871,808.18 P38 Co. Reviewed By: Agenda Item Number p Legal ❑ Mif, 7 or_ 4 1 EST. , �� 1836 Finance ❑ Engineer ❑ I;i 1 to City Administrator ❑ Tracking Number O'p C �4 Consultant El 1k Human Resources ❑ �� c5-W 7 " City Council Agenda Item Summary Memo Title: Salary Survey City Council/COW Agenda Date: March 20, 2007 COW Synopsis: Discussion on last month's talking points. Chart has been reformatted. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: J2 o� United City of Yorkville Memo 800 Game Farm Road EST. -� 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 1� Fax: 630-553-7575 LE: �w Date: March 9, 2007 To: City Council From: Bart Olson,Assistant City Administrator CC: John Crois, City Administrator Subject: March 20 COW Salary Survey Discussion At the March 6'h COW meeting, consensus direction was given to reformat the salary survey information to include the current ranges,the proposed ranges,the number of employees in each position, and the number of employees for each position whose current actual salary fall outside of the proposed range. This chart has been included(attached). Three discussions took place at March 6h meeting that I would like to address,the first of which being the purpose of the salary survey. It was stated the purpose of the salary survey was to address the individuals who have hit the top of their range. This was not the explicit and/or primary purpose of the salary range. The issue of individual salaries hitting the top of the current range is a tangential issue that will be resolved when the new ranges are implemented. While the following statement is a pure policy decision to be set by the City Council, it is my recommendation that the explicit and primary purpose of the salary range is to enact ranges that are competitive with the current market rate of public sector jobs in comparable municipalities. Individual cases of employees reaching the tops of their ranges should be handled on an individual basis for the time being (either through reclassification of a job description, recommending a promotion for the individual, or allowing the individual to move above the range)—the ultimate solution to this problem would be implement salary steps within each ranges and creating a formal policy which would outline how individuals move through salary ranges. Such a policy has been discussed at the staff level, and we feel it is an appropriate avenue to move towards in the near future. Such a policy would likely require the assistance of a consultant. The second discussion at the March 6t`meeting involved the implementation of the actual salary increases for each individual. The two options I presented(the fall-out option and the parallel option)were supplemented by a third option(department head discretion). John and I have discussed the potential budget impacts of allowing department heads the discretion to place employees within the new range, and have concluded that a program of requiring justification for certain positions is highly recommended. The program that John and I are recommending would allow department heads to place an individual in the new range in any place from the minimum of the range to the point where the individual would be if the "parallel"increase was implemented. If a department head wants to place an individual at a point greater than where the individual would be with a"parallel"increase, then justification must be submitted to the City Administrator for review and judgment. Our main concern with allowing department heads to have unchecked discretion is not rooted in mistrust, but rather in concern for keeping the salary survey within a reasonable cost in relationship to the FY 07/08 budget. The third and final discussion at the March 6t'meeting was how to review the salary ranges for each position. The purpose of choosing to review comparable municipalities' salary ranges and base the City's ranges off of a set level (median) of others' ranges is to eliminate the need to review each and every salary range in the City. A main benefit of doing the salary survey in this manner is that it eliminates all possible subjectivity of the market rate for certain positions; the numbers are objective and concrete. If the City Council desires to look at the salary ranges on an itemized basis and adjust them according to internal equity(how they match up to ranges internally), it may be beneficial to explore a formal compensation policy for the City. For example, instead of having a range for each position, we (with a consultant's help, preferably) would group positions by similar attributes and set a range for the positions. Number of Number of Employees who Employees in would fall outside Current Range Proposed Range % Increase in Range Range of range(Option 1) Position Name Low High Low High Low High Accounting Clerk 1 26,910 42,820 32,323 45,575 20% 6% 1 0 Administrative Assistant 32,085 43,675 35,898 48,690 12% 11% 1 0 Administrative Secretary 26,910 42,820 36,032 48,395 34% 13% 1 0 Assistant City Administrator 60,000 80,000 65,290 90,688 9% 13% 1 1 Chief of Police 65,078 86,916 73,310 97,176 13% 12% 1 0 City Administrator 76,004 107,023 85,201 113,788 12% 6% 1 0 City Engineer 59,760 84,150 63,807 88,587 7% 5% 1 0 Civil Engineer 41,000 57,000 56,966 78,548 39% 38% 0 0 Community Development Director 72,000 95,000 72,000 95,692 0% 1% 1 0 oenently passed - Director of Public Works 62,972 82,204 69,111 91,841 10% 12% 1 0 _ Engineering Administrative Assistant 32,085 43,675 37,496 51,865 17% 19% 1 0 Engineering Technician 37,260 53,524 44,191 55,290 19% 3% 0 0 Finance Director 59,175 83,325 68,565 92,195 16% 11% 1 0 _ GIS Coordinator 41,000 57,000 47,494 66,264 16% 16% 1 0 IT Specialist 45,000 60,000 57,704 80,786 28% 35% 1 1 Janitor 26,910 42,820 30,192 42,820 12% 0% 1 1 Operator 39,330 52,454 40,215 52,748 2% 1% 3 0 City Parks Designer 41,000 57,000 41,000 57,000 0% 0% 1 0 _ Payroll Benefits Specialist 26,910 42,820 42,138 57,737 57% 35% 1 1 Police Lieutenant 53,652 72,200 62,181 84,472 16% 17% 2 0 _ Police Office Supervisor 34,096 48,172 36,998 48,172 9% 0% 1 0 Police Records Clerk 26,910 42,820 28,816 42,820 7% 0% 2 2 Police Records Supervisor 34,096 48,172 34,096 48,172 0% 0% 1 0 Police Sergeant 46,506 62,088 57,295 73,001 23% 18% 6 0 Foreman 45,550 59,989 45,550 60,961 0% 2% 4 0 Maintenance Worker 1 29,900 41,749 33,280 44,145 11% 6% 6 5 Maintenance Worker II 34,155 47,101 36,892 51,081 8% 8% 8 7 Receptionist 20,800 27,967 27,539 37,037 32% 32% 3 1 Senior Accounting Clerk 32,085 43,675 36,410 49,342 13% 13% 1 1 Senior Engineering Technician 41,000 57,000 45,338 63,641 11% 12% 3 0 Senior Planner 41,000 57,000 43,849 62,044 7% 9% 0 0 Urban Planner 41,000 57,000 41,000 57,000 0% 0% 1 0 Utility Billing Clerk 26,910 42,820 30,954 42,820 15% 0% 1 0 Parks and Recreation Director 61,300 86,319 69,480 90,520 13% 5% 1 0 Program Supervisor 32,085 51,383 32,085 51,383 0% 0% 0 0 Recreation Coordinator 32,085 51,383 32,085 51,383 0% 0% 3 0 Superintendent of Parks 0 0 46,500 70,000 1 0 Superintendent of Recreation 42,106 59,291 43,458 66,476 3% 12% 1 0 Total 64 20 ,CEO c�rr United City of Yorkville 800 Game Farm Road EMUT. 1836 Yorkville, Illinois, 60560 Telephone: 630-553-4350 lLE Date: March 16, 2007 To: Mayor and City Council From: John H. Crois,Interim City Administrator Subject: COLA/Merit Increases The data in the salary survey is based on 2006 salary rates. Once the new ranges are determined and adjustments are made, employee salaries will then be comparable with the 2006 salaries of employees in comparable communities. The next step is then to perform individual employee evaluations and determine the merit and COLA raises for 2007. To begin this process the Council needs to determine the merit and COLA maximums for 2007. The national CPI for January,2007 was 3.2%. Two salary surveys reviewed by Bart for Metro Chicago communities indicated increases of 3%to 4.25%. A maximum increase of 4%would be appropriate. The Council would then need to decide on the split between COLA and merit. The budget submitted to the Council by Susan Mika contains funding for both the salary survey and Merit/COLA increases. ,CEO Co.� Reviewed By: Jam` O� Legal ❑ City Council EST: ', �� 1836 Finance ❑ A4V o P— � Engineer ❑ City Administrator ❑ Agenda Item Tracking Number Q' O Consultant ❑ LM 7 �2 <LE ��. ❑ City Council Agenda Item Summary Memo Title: Budget Memos City Council/Committee of the Whole Date: COW 3/20/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Submitted by: Susan Mika Finance Name Department Agenda Item Notes: This is an updated list of answers provided for the first round of budget questions. I will be Providing a revised draft at our next meeting after this COW discussion. -� United City of Yorkville Memorandum EST. 1836 800 Game Farm Road -�� Yorkville, Illinois, 60560 p o Telephone: 630-553-4350 Fax: 630-553-7575 Date: March 15, 2007 To: City Council From: Susan Mika - Finance Director Subject: Budget Questions / Answers Below is a list of items that further information was requested. Please review these and upon our next Committee of the Whole meeting we can discuss these further. 01-000-40-00-4010 Personal Property Tax - There was no increase with growth because this fiscal year we will receive just about $10,000. The amounts collected in previous years were greater, however we wanted to stay conservative based on this year's receipts. 01-000-40-00-4101 Other Licenses - This was decreased because as of 3-9- 07 we have only received 26% of the projected revenues. It is possible that more may come in later in March and in April of this year, however we wanted to stay conservative based on this year's receipts. Only $1,280.00 came in April of 2006. 01-000-40-00-4205 Filing Fees - This was decreased because as of 3-9-07 we have only received 37% of the projected revenues. Only $930.00 came in April of 2006. 01-000-46-00-4600 Kendall Council of Mayor Game Farm - This $100,000 will be given to the City by the Kendall Council of Mayor's group to help fund and pay for the Game Farm Road Construction Project. However, this may have to be moved to the MFT fund. 01-110-50-00-5101 thru 5106 will be corrected to include increases. For example, Mayor's salary s/b $11,310; City Clerk $6,410; City Treasurer $6,410; Alderman's salaries $40,880; and the City Attorney $9,500. 01-110-61-00-5314 - Building Inspections - The 1% increase is the anticipation that growth may slow down. This was a conservative number used. If this expenditure increases, you will see an increase in revenues in the development fees line item. 2 01-110-64-00-5606 - Promotional/Marketing Expenses - A request has been made to deduct $2,000 from this and add that to Sponsorship; Still leaving this line item with $10,000. 01-110-64-00-5608 - Sponsorship - A request has been made to increase this from $1,500 to $3,500 from the above mentioned line item. 01-110-78-00-9003 - Appreciation Dinner - This was broken out so that we can track the expenses related to this event on a yearly basis. Volunteer Appreciation Day - This was also broken out so that we can track the expenses related to this event on a yearly basis. Community Events - $700 for City Hall is for miscellaneous advertising & promotional expenses for the City Hall Art program. 01-120-50-00-5106 Administrative - This is strictly for the Finance department salaries. This year we have decided to make Finance their own department for cost tracking purposes. This line item includes the salary for the IT Specialist, UB Clerk, Payroll/Benefits Clerk; Sr. Accounting Clerk; (2) Accounting Clerks and the Finance Director. 01-210-50-00-5131 Lt/Sgt/Chief Salaries - The decrease is due to Greg's retirement. Additional monies are also set aside in Merit/Cola line item as well as the salary survey line item. 01-210-50-00-5135 Salaries for Police Clerks - The decrease is due to actual salaries before the salary survey is implemented. An increase is included in the Merit/Cola line item as well as the salary survey line item. 15-000-75-00-7008 Crack Filling - This is being discontinued because as roads are being replaced; this work does not need to be done. 21-000-75-00-7005 Vehicles - It is my understanding that all vehicles purchased by the City are State Bid vehicles. 22-610-75-00-7006 Pick up Truck - They originally asked for 3 new pick up trucks. We scaled it back to one because funding is not available for 3 new trucks. There is a constant shortage of vehicles when seasonal staff are in place, another vehicle allows use to be more efficient with task management. 3 22-610-75-00-7015 Parks Equipment -The wing mower will be used next spring when the new parks and Hoover have created the standard maintenance demands. It is a larger style mower suitable for larger turf areas. The utility golf cart will be needed because of the additional park acreage, particularly when we begin maintaining the 80 acres at Hoover. The zero turn bagging mower is due for replacement, but could be delayed another year if necessary. 41-000-42-00-4220 Connection Fees - This was decreased because as of 3- 09-07 we have only collected 53% of these fees this current fiscal year. We should be at 68 -72% collected at this time of year. We decided to be conservative with this estimate for next year. 41-000-65-00-5800 Contingency - This is a reserved dollar amount that is being set aside for the South West development. This is still in negotiations; therefore these monies are not separated out for specific items at this time. 51-000-50-00-5137 Overtime - This is for emergencies that occur within in the City during non-business hours such as water main breaks, snow plowing, etc... 51-000-62-00-5409 Maintenance Vehicles - This will not decrease with a mechanic on staff because he may not be able to service all vehicles owned by the City. 79-000-42-00-4270 Fees for Programming - We were not notified of a possibility of a third preschool during the budget process. This was brought to our attention at the last minute and we are waiting on current figures from the Director of Parks & Recreation. 79-000-42-00-4285 Vending Machine Income - A question was raised if we should discontinue this since the revenues are minimal? 79-610-62-00-5421 Wearing Apparel - See Memo from the Director of Parks & Recreation. 79-610-64-00-5604 Training & Conferences - See Memo from the Director of Parks & Recreation. 79-650-62-00-5409 Maintenance Vehicles - This will not decrease with a mechanic on staff because he may not be able to service all vehicles owned by the City. 79-650-64-00-5604 Training & Conferences - See Memo from the Director of Parks & Recreation. 79-650-64-00-5605 Travel Expenses - See Memo from the Director of Parks & Recreation. 4 79-650-65-00-5833 Home Town Days Expense - This is increased based off the actual expenditures that occurred this fiscal year for this event. 79-650-65-00-5828 Concessions - We will be opening the Grande Reserve Regional Ball Diamonds which will provide a new concession stand that is actually larger than the one at Beecher Park. You will note that projected concession revenues are increased correspondingly. Options: 1 Full Time Superintendent of Water & Sewer to be hired in June 2007 with a proposed annual salary of $57,000. 1 Full Time Administrative Assistant for Community Development to be hired in July with a proposed annual salary of $35,000. 1 Promotion for the Payroll/Benefits Coordinator to Human Resources Manager - This is being proposed as a $5,000 increase in total. Please see memo from the Finance Director. Additional Questions: There is not a budgeted line item for the handicapped doors at City Hall and Beecher Center. At this time, the estimate is just over $2,000 for Beecher Center and $1,400 for City Hall. The "vehicle maintenance" costs for each department is not decreased due to hiring a mechanic because he/she may not be able to service all the vehicles owned by the City with the continued expansion of the fleet equipment. All of the proposed new hires are listed on the last page. Due to the fact that we are facing a plateau of revenues this fiscal year, our resources are limited as to how many new hires we can afford to bring on board. If you have any further questions or concerns, please contact me. Thanks. MEMORANDUM TO: City Council FROM : Dave Mogle, Director of Parks and Recreation RE: Training and Conference Breakdown DATE: March 14, 2007 The following describes training and educational experiences for the parks staff: Illinois Park and Recreation Conference - Chicago, 4 to 5 staff at a total cost of$3,000 National Park and Recreation Conference, Indianapolis 3 staff at a total cost of$3,000 Park Maintenance Management School, Wheeling, West Virginia 2 staff at a total cost of $2,000 (2 d Year of 2 year school) Various seminars, local training sessions and trade shows at a total cost of$1,000 Total $9,000 The following describes training and educational experiences for recreation staff: Illinois Park and Recreation Conference, Chicago—4 to 5 at total cost of$3,000 National Recreation and Park Conference, Indianapolis—2 at total cost of$2,000 Illinois Professional Development Schools—2 staff at total cost of$1,400 Park Board/Staff Planning Workshop - $2,000 One day Seminars/Classes, Chicago Metro - $600 Staff in-house training, meetings - $600 Pre School Staff Training Conference—4 staff at total cost of$600 Total $10,200 MEMORANDUM TO: City Council FROM : Dave Mogle, Director of Parks and Recreation RE: Wearing Apparel Breakdown DATE: March 14, 2007 For Parks: Uniforms $3681.60 per year(8 men) Boots $1350.00 Seasonal staff and full time staff T shirts and shorts $1000.00 Winter gear $800.00 Personal protection equipment $1169.00 $8,000.60 For Recreation: There is not a wearing apparel line item. Tee shirts, etc. that identify staff come out of the program expense for which they are working. MEMORANDUM TO: City Council FROM : Dave Mogle, Director of Parks and Recreation RE: Travel Expense Breakdown DATE: March 15, 2007 Travel Expense to cover travel, meals, mileage, parking, ground transportation, etc. for training trips. Lodging covered under Training and Conf. For Parks: IPRA Conference $750 NRPA Conference $750 Park Maint. School $750 Misc. Sessions $750 For Recreation: IPRA Conference $750 NRPA Conference $750 Preschool Conf. $400 Professional Schools $750 Misc. Sessions $750 Director IML(inc. hotel) $500 IML (regist. Conf) $350 Director Misc $750 United City of Yorkville Memorandum EK.. 1836 800 Game Farm Road .4 -� Yorkville, Illinois, 60560 o� ® o� Telephone: 630-553-4350 �•� Fax: 630-553-7575 <LE Date: March 13, 2007 To: City Council CC: City Administrator Crois From: Susan Mika - Finance Director Subject: Promotion One of the requests for more information for the upcoming proposed FY 2007/2008 budget was the request for a promotion for the Payroll Benefits Coordinator. This request is to promote the current employee to Human Resource Manager. As the city continues to grow, the need for a key contact person to work as an advocate for both the employee, as well as department head increases. As our employee population grows, so does the need for an authority figure to work with department heads and employees through investigations related to possible offences as a mediator. The need for a resource to work through disciplinary actions with department heads is imperative, so the City remains impartial and is consistent when applying disciplinary action, as not to put ourselves at risk of possible favoritism accusations through various agencies. With the increase in employees, our exposure to work towards compliance within the employment law spectrum is necessary. My goal is to work towards the Human Resources Manager stepping away from payroll administration and working towards employment law compliance as well as managing all benefit and salary implementation. In addition to the request for justification for the promotion, one of the comments mentioned was that the previous employee who terminated in March of 2003 performed these duties as well as the Senior Accounting Clerk's duties. The fact is these duties have changed over the past three years with the increase in the City's population and staff. Also, the previous employee's salary at the time of termination was higher than the current employee's salary. The current employee is managing 91 full time employees with approximately 68 part time employees, whereas previously (2003) there were only 48 full time employees and a fraction of the part time employees. Over the course of the last three years we have made vast strides to move towards a better working environment from an employment law perspective. Listed below are some of the advances we have accomplished: ✓ HIPPA compliance ✓ Cobra compliance ✓ FMLA compliance ✓ Compliance with payroll tax reporting at both the federal and state level ✓ EEOC reporting • Compliance with the labor law postings • Compliance with worker's compensation ✓ Exit interview process ✓ Formal open enrollment process ✓ New hire reporting ✓ Improved Paid Time Off tracking • DOT testing for all CDL drivers • Formalized background checks (working with PD) ✓ Interviewing / screening potential candidates ✓ Formal New employee orientation process ✓ Employee relations issues & investigations ✓ Harassment Training for all Employees ✓ Presentation of formal offer letter ✓ Rejection letters ✓ Claims coordination with employee and vendor ✓ Implementation of the Flexible Spending Account ✓ Implementation of the Dental Plan through MetLife • Implementation of the Vision Plan through VSP • Implementation of an annual Benefits Fair These are just a handful of significant duties that the current employee is handling and I feel are justified to warrant a promotion to coincide with the duties that are actually being performed and have been performed for the last two and a half years. The current employee does have a Bachelor's degree as well as over 12 years in the Human Resources Industry. If you have any further questions or concerns, please do not hesitate to contact me so that we can discuss this further. Thank you. ♦,��0 C/r` Reviewed By: Legal El City Council Finance ❑ " EST. `� 1836 —�` Engineer ❑ City Administrator 1:1 Ag nda Item Tracking Number Consultant ❑ AQ 3007' <LE City Council Agenda Item Summary Memo Title: FY 06/07 Revised Budget City Council/Committee of the Whole Date: COW 3/20/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve the FY 06/07 Revised Budget Submitted by: Susan Mika Finance Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 ""Items identified in color are project-specific revenue streams. Expenses also identified in the same GENERAL FUND color. Proposed ACCOUNT 2006-2007 Revised 2006- NUMBER DESCRIPTION Budget 2007 Budget COMMENTS GENERAL FUND REVENUES FUND BALANCE To fund purchase of Post Office($270,000),Fox Road patching($20,000),and Game Farm Road patching 01-000-40-00-3999 RESERVE FUND BALANCE 372,849 372,849 ($10,000),and$72,849 for New World Software 01-000-40-00-3996 ROAD CONTRIBUTION FEE 1,500,000_750 permits @$2,000 01-000-40-00-3998 ROAD FUNDING-MPI 1,600,000 Grande Reserve Perimiter roads-funded by developer_ 01-000-40-00-3997 IN-TOWN ROAD PROGRAM FUNDING 2,070,000 2,070,000 all carry over from FY 05/06 01-000-40-00-4000 REAL ESTATE TAXES 1,571,133 1,571,133 Increase in new EAV 01-000-40-00-4001 TOWN ROAD/BRIDGE TAX 105,000 105,000 01-000-40-00-4002 FOX HILL LEVY REVENUE 18,000 18,000 Seasonal maintenance of SSA area-includes 2 years of assesments 01-000-40-00-4010 PERSONAL PROPERTY TAX 10,000 10,000 01-000-40-00-4020 STATE INCOME TAX 885,000 885,000 Per updated State numbers-includes 12 months of special census 01-000-40-00-4030 MUNICIPAL SALES TAX 2,845,000 2,845,000 01-000-40-00-4032 STATE USE TAX 137,000 137,000 01-000-40-00-4040 MUNICIPAL UTILITY TAX 375,000 375,000 01-000-40-00-4041 UTILITY TAX-NICOR 250,000 250,000 01-000-40-00-4042 UTILITY TAX-CABLE TV 90,000 90,000 01-000-40-00-4043 UTILITY TAX-TELEPHONE 425,000 425,000 01-000-40-00-4050 HOTEL TAX 20,000 20,000 01-000-40-00-4060 TRAFFIC SIGNAL REVENUE 5,000 5,000 01-000-41-00-4100 LIQUOR LICENSE 26,000 26,000 01-000-41-00-4101 OTHER LICENSES 4,500 4,500 01-000-41-00-4110 BUILDING PERMITS 1,550,000 1,550,000 Est.residential permits(800)+700k Sq Ft Com/ind/manu 05/06 01-000-42-00-4205 FILING FEES 25,000 25,000 01-000-42-00-4206 GARBAGE SURCHARGE 227,648 227,648 01-000-42-00-4208 COLLECTION FEE-YBSD 35,000 35,000 01-000-42-00-4210 'DEVELOPMENT FEES 1,475,000 1,475,000 Based on estimated residential permits+commercial 01-000-42-00-4211 ENGINEERING CAPITAL FEE 52,000 Based on approximately 750 permits,less any projected permits with pre-paid permit fees 01-000-43-00-4310 TRAFFIC FINES 75,000 75,000 01-000-43-00-4315 REIMBURSE POLICE TRAINING 11,805 11,805 01-000-43-00-4320 ORDINANCE FEES 2,500 2,500 01-000-44-00-4401 DARE DONATIONS 1,250 1,250. 01-000-44-00-4402 ROB ROY CREEK HYDRAULIC STUDY 10,000 O'Reimbursements from Developers HANGING BASKETS 0 3,820 01-000-44-00-4411 REIMB-POLICE PROTECTION 3,000 3,000 01-000-44-00-4490 MISCELLANEOUS INCOME 10,000 10,000 01-000-45-00-4525 GRANTS 30,000 30,000 Brownfield grant reimbursement 01-000-45-00-4505 COPS GRANT-VESTS 2,500 2,500 01-000-45-00-4511 POLICE-STATE TOBACCO GRANT 1,250 1,250 01-000-46-00-4600 INVESTMENT INCOME 75,000 75,000 Decrease due to less dollars in road program project account WEARING APPAREL DONATIONS 1,140 1,140 01-000-49-00-4935 TRANSFER FROM LAND CASH 16,000 16,000 New line-To fund portion of Park Designer salary 01-000-49-00-4915 TRANSFER FROM WATER OPERATIONS 250,000 250,000, 01-000-49-00-4920 (TRANSFER FROM SEWER MAINT. 70,000 70,000' 01-000-49-00-4925 TRANSFER FROM SAN.SEWER IMP 150,000 150,000'150k Required per loan agreement 01-000-49-00-4930 TRANSFER FROM WATER IMPROVE. 200,000 200,000 TOTAL REVENUES: GENERAL 16 583,575 16 577,395 Page 1 of 9 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 ***Items identified in color are project-specific revenue streams. Expenses also identified in the same GENERAL FUND color. Proposed ACCOUNT 2006-2007 Revised 2006- NUMBER DESCRIPTION Budget 2007 Budget COMMENTS FINANCE &ADMINISTRATION EXPENSES 01-110-50-00-5100 SALARIES-MAYOR 7,500 7,500 01-110-50-00-5101 SALARIES-CITY CLERK 3,600 3,600 _ 01-110-50-00-510_2_ SALARIES-CITY TREASURER 3,600 3,600 01-110-50-00-5103 I SALARIES-ALDERMAN 29,080 29,080 01-110-50-00-5104 SALARIES-LIQUOR COMMISSIONER 1,000 1,000 01-110-50-00-5105 SALARIES-CITY ATTORNEY 11,502 11,502 01-110-50-00-5106_ SALARIES-ADMINISTRATIVE 626,215 69_3,7.15 includes Assistant City Administrator(_FY 0_5/06) _ 01-110-50-00-5136 SALARIES-PART TIME 50,000 _ 35,000 Includes PT IT Technician,Admin Intern, 1 seasonal intern,&PT IT Coordinator 01-110-50-00-5137 SALARIES-OVERTIME 1,500 3,600 - - - - - - ---- -- ----- 01-110-50-00-5202 BENEFITS-UNEMPLOY. COMP.TAX 12,000 19,255 Additional employees increase unemployment amount 01-110-50-00-5203 BENEFITS-HEALTH INSURANCE 852,458 852,458 Actual costs averaged 4.5%decrease+annualized costs of 10 positions FY 05/06+15 new FT positions 01-110-50-00-5204 BENEFITS-GROUP LIFE INSURANCE 74,049 23,668 Annualized costs of 10 positions FY 05/06+15 new FT positions 01-110-50-00-5205 BENEFITS-DENTAL/VISION ASST _ 23,668 74,049 Annualized costs of 10 positions FY 05/06+15 new FT positions 01-110-61-00-5300 LEGAL SERVICES 55,000 150,000 01-110-61-00-5304 AUDIT FEES&EXPENSES 2,675 48,675 Per agreement 01-110-61-00-5305 ACCOUNTING ASSISTANCE 5,000 3.000 01-110-61-00-5308 GASB 34 0 0 Complete - 01-110-61-00-5310 EMPLOYEE ASSISTANCE 1 4,500 4,500 01-110-61-00-5311 CODIFICATION 5,000 5,000 01-110-61-00-5314 BUILDING INSPECTIONS 1,115,000 1,115,000 Approx.80%of Building Permit Fees 01-110-62-00-5400 INSURANCE-LIABILITY&PROPERTY 130,000 169,720 Need to increase Library Bldg insurance when expansion is complete 01-110-62-00-5401 CONTRACTUAL SERVICES 40,000 38.000 Includes taping of City Council Meeting 01-110-62-00-5403 ',SPECIAL CENSUS 0 0 01-110-62-00-5404 CABLE CONSORTIUM FEE 30,000 30,000 01-110-62-00-5406 OFFICE CLEANING 7,500 7,500 01-110-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 500 500 01-110-62-00-5411 MAINTENANCE-COMPUTERS 2,000 2,000 01-110-62-00-5412 'MAINTENANCE-PHOTOCOPIERS 19,392 22.000 $1800 removed and sent to Parks and Rec for Special Recreation Programs,$1,140 added for 19 employees @ 1$60 based on wearing Apparel Donation(expenditure contingent upon receiving revenue from said revenue line 01-110-62-00-5421 WEARING APPAREL _ 1,140 28 item) 01-110-62-00-5427 FACADE PROGRAM 30,000 30,000 01-110-62-00-5436 'TELEPHONE 15,000 15,000 _ 01-110-62-00-5437 ACCTG SYSTEM SERVICE FEE 8,500 9,652 01-110-62-00-5438 CELLULAR TELEPHONE 2,300 2,300 01-110-62-00-5439 TELEPHONE SYSTEMS MAINTENANCE 11,000 5,000 Comm.Relations:$1,218 Graphic Library annual memb.,Rotary,Public Relations&Assoc.for women in 01-110-6400-5600 DUES _ 5,000 5,000_Communication 01-110-6400-5601 ILLINOIS MUNICIPAL LEAGUE DUES 781 900 Actual dues amount for FY 05106 01-110-64-00-5603 SUBSCRIPTIONS/BOOKS _ 900 500 $400 for Community Relations 01-110-64-00-5604 TRAINING&CONFERENCES i 13,000 18,508,$2,500 for Community Relations 01-110-64-00-5605 TRAVEL/MEALS/LODGING 17,000 3,000' 01-110-6400-5607 PUBLIC RELATIONS_ 1.8,000 18,000 Includes annual appreciation dinner,volunteer appreciation lunch,misc&special events support Includes costs for printing community profile,city-wide calendar,new resident folders,city brochures,stationary, PROMOTIONAUMARKETING EXPENSES 9,577 577 holiday cards 01-110-64-00-5608 SPONSORSHIPS 1,500 1,500 Page 2 of 9 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 ""Items identified in color are project-specific revenue streams. Expenses also identified in the same GENERAL FUND color. _ Proposed ACCOUNT 2006-2007 Revised 2006- NUMBER DESCRIPTION Bud et 2007 Budget ICOMMENTS FINANCE&ADMINISTRATION 3%per policy-also includes$270,000 for Post Office Purchase;1st priority for Downtown Alley Paving(est. 01-110-65-00-5800 'CONTINGENCIES 595,000 601,199 $50,000 01-110-65-00-5801 FUND BALANCE RESERVE 0 0 To reserve fund balance if necessary per policy. Currently,not needed. 01-110-65-00-5802 OFFICE SUPPLIES 15,000 15,000 01-110-65-00-5804 OPERATING SUPPLIES 10,000 12,450 01-110-65-00-5808 POSTAGE&SHIPPING 12,500 17,500 Increase in postage costs 01-110-65-00-5809 PRINTING&COPYING 11,000 15,905 01-110-65-00-5810 PUBLISHING&ADVERTISING 5,000 5,000 includes job postings and newspaper advertising plus advertising fors pecial events,sports ad,chamber ad) 01-110-65-00-5844 MARKETING-HOTEL TAX 20,000 20,000 off set to revenue 01-110-72-00-6500 IMRF PARTICIPANTS 49,471 54,471 01-110-72-00-6501 SOCIAL SECURITY&MEDICARE _ _ 56,151 51,151 Exchange Server,domain servers,wireless network(Council Chambers)router,network area storage,$2,000 for 01-110-75-00-7002 COMPUTER EQUIP&SOFTWARE 30,0001 28,000 Community Relations 01-110-75-00-7003 OFFICE EQUIPMENT 5,000 3.000 To include equipment for new staff 01-110-78-00-9001 CITY TAX REBATE 500, 2.000 01-110-78-00-9002 iNICOR GAS 30,000 24,144 01-110-78-00-9003 SALES TAX REBATE 450,000 500,000 -- --- ----- - -- - - - - -- - - - -- -- ----- 01 110-78-00-9004 MISCELLANEOUS 100 0 01-110-78-00-9005 MER IT/PAY_EQUITY 104,400 0 Merit moved to corresponding salary line items 01-110-99-00-9923 TRANSFER TO LIBRARY 35,2501 1 35,250 Library SS&IMRF costs _ 01-110-99-00-9925 TRANSFER TO SAN SEWER 150,000 150,000 01-110-99-00-9940 TRANSFER TO PARK&RECREATION 1,046,127 1,015,107 Transferred$1,800 from wearing apparel to special rec and$18,000 to salaries as a result of scrivener's error 01-110-99-00-9941 TRANSFER TO PARK/REC CAPITAL 150,000 150,000 01-110-99-00-9945 TRANSFER TO MUNICIPAL BLDG 30,865 _ 30,865 Transfer for Post Office remodeling TRANSFER TO POLICE CAPITAL 75,000 75,000 For purchase of New World Software 01-110-99-00-9965 TRANSFER TO DEBT SERVICE 292,859 292.859 Debt service payment for In Town Road Program TOTAL EXPENSES: FINANCE&ADMINISTRATION 6,420,660 6,562,788 Page 3 of 9 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 ***Items identified in color are project-specific revenue streams. Expenses also identified in the same GENERAL FUND color. Proposed ACCOUNT 2006-2007 Revised 2006- NUMBER DESCRIPTION Budget 2007 Budget COMMENTS ENGINEERING EXPENSES 01-150-50-00-5107 SALARIES-EMPLOYEES 313,306 265,000 1.5 additional employees(Project Manager,GIS Coordinator), 1 promotion to Senior Engineering Tech 01-150-50-00-5137 SALARIES-OVERTIME 1,000 1,000 01-150-62-00-5401 CONTRACTUAL SERVICES 50,000 53,000 Miscellaneous,currently unknown projects.Should be$52,000 based on 04-05 expenditures. 01-150-62-00-5402 GIS SYSTEM 5,000 5,000 Carryover from 05-06 01-150-62-00-5403 FEES 2,000 2,000 Annual NPDES permit fee,plus related expenses. 01-150-62-00-5409 MAINTENANCE-VEHICLES 2,000 2,000 Reduction due to 2 new vehicles 01-150-62-00-5410 MAINTENANCE-OFFICE EQUIP 1,000 1,000_ 01-150-62-00-5411 MAINTENANCE-COMPUTERS 3,000 3,000 01-150-62-00-5421 WEARING APPAREL 1,400 1,400 One additional employee 01-150-62-00-5438 CELLULAR TELEPHONE 3,360 3,360 One additional employee 01-150-64-00-5600 DUES 400 400 01-150-64-00-5604 TRAINING&CONFERENCES 6,000 3,000 01-150-64-00-5608 TUITION REIMBURSEMENT 1,245 1,245 01-150-64-00-5605 TRAVEL EXPENSE 1,000 1,000 01-150-64-00-5616 BOOKS&PUBLICATIONS 200 200 01-150-65-00-5801 ENGINEERING SUPPLIES 3,000 3,000 01-150-65-00-5802 OFFICE SUPPLIES 2,500 2,500 01-150-65-00-5809 PRINTING&COPYING 2,000 2,000. 01-150-72-00-6500 IMRF PARTICIPANTS 24,830 24,830 01-150-72-00-6501 SOCIAL SECURITY&MEDICARE 24,044 24,044 01-150-75-00-7002 COMPUTER EQUIP&SOFTWARE 7,900 7,900 Computer&software for additional employee,software support&upgrades 01-150-75-00-7003 OFFICE EQUIPMENT 3,000 3,000 One additional employee;roll files for old plans 01-150-65-00-5820 Vehicles/ENGINEERING CAPITAL 52,000 Replace 96 Lumina sedan&98 Dakota pickup 'Transfer ENGINEERING CAPITAL to PW Dept. 0 0 New line for FY 06/07-To repay PW from FY 04/05($201k for 04/05 truck$17,500 05/06) TOTAL EXPENSES:ENGINEERING 510,186 461,879 Page 4 of 9 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 "'Items identified in color are project-specific revenue streams. Expenses also identified in the same GENERAL FUND color. Proposed ACCOUNT 2006-2007 Revised 2006- NUMBER DESCRIPTION Budget 2007 Budget COMMENTS PUBLIC SAFETY/POLICE DEPT. EXPENSES 01-210-50-00-5107 SALARIES-EMPLOYEES 822,230 822,230 Includes 4 new hires,less 1 employee salary due to sergeant replacement&new K-9 stipend 01-210-50-00-5131 _ SALARIES-LIEUT./SERGEANTS/CHIEF 612,203 612,203 Includes 1 new lieutenant and 1 sergeant replacement 01-210-50-00-5133 SALARIES-COPS 106,226 106,226 01-210-50-00-5134 SALARIES-CROSSING GUARD 19,500 19,500 01-210-50-00-5135 SALARIES-POLICE CLERKS 122,418 122,418 Includes new FT Clerk 01-210-50-00-5136 SALARIES-PART TIME 35,000 35,000 01-210-50-00-5137 SALARIES-OVERTIME 65,000 65,000 More Court Time,Programs i.e.Safety Checks,Seat Belt Checks,&Residencial Speed 01-210-50-00-5200 CADET PROGRAM 22,000 22,000 Building on Cadet Program with another Cadet 01-210-61-00-5300 LEGAL SERVICES 20,000 29,000 No Increase @ This Time 01-210-62-00-5408 MAINTENANCE-EQUIPMENT 8,400 8,814,5%Increase 01-210-62-00-5409 MAINTENANCE-VEHICLES 28,000 32,000 Routine Maintenance is up/Also everytime else in the squads besides Computers 01-210-62-00-5410 MAINT-OFFICE EQUIPMENT 2,625 2,625 5%Increase 01-210-62-00-5411 MAINTENANCE-COMPUTERS 6,000 6,118.Repair and parts for our MDC in Squads 01-210-62-00-5414 WEATHER WARNING SIREN MAINT 6,000 6,000 May need a couple sets of batteries replaced in our sirens this fiscal year 01-210-62-00-5421 WEARING APPAREL 30,000 30,000 Increase in officers and replacement uniforms 01-210-62-00-5422 COPS GRANT IV-VESTS 3,000 3,000 No Increase @ This Time 01-210-62-00-5423 CLASY GRANT 1,000 1,000 No Increase @ This Time 01-210-62-00-5429 PSYCHOLOGICAL TESTING 1,750 3,250 Includes one more test 01-210-62-00-5430 HEALTH SERVICES 3,500 7,500 Arrestees cost to us if not insured i.e.Emergency Room&Ambulance 01-210-62-00-5431 LABORATORY FEES 1,500 0 Includes evidence testing costs 01-210-62-00-5436 TELEPHONE 20,000 16,000, 01-210-62-00-5438 CELLULAR TELEPHONE 14,500 14,500 Increase in officers 01-210-62-00-5441 MTD-ALERTS FEE 8,450 7,918 There is supposed to be an increase of 30%besides an increase in on line units 01-210-64-00-5600 DUES 2,500 2,500 Just over 5%Increase 01-210-64-00-5603 SUBSCRIPTIONS 350 350 15%Increase 01-210-64-00-5604 TRAINING&CONFERENCE 19,950 19,950 5%Increase 01-210-64-00-5605 TRAVEL EXPENSES 10,500 10,500 No Increase @ This Time 01-210-64-00-5606 COMMUNITY RELATIONS 7,800 11,800 More Block Parties,More Block Captain Meetings,More Basset Classes,More CPA Clasess,Etc. 01-210-64-00-5607 POLICE COMMISSION 21,000 10,000.This would in clude the cost of a part-time secretary/minute taker 01-210-64-00-5608 TUITION REIMBURSEMENT 14,000 14,00O.No Increase @ This Time 01-210-64-00-5609 POLICE RECRUIT ACADEMY 10,500 10,500 Having three officers put through the Police Training Academy 01-210-64-00-5610 GUN RANGE FEES 700 700 More dates 01-210-64-00-5611 SRT FEE 3,500 3,500 Tactical Vest for SRT Officer Only 01-210-65-00-5802 OFFICE SUPPLIES 6,825 7,8035%Increase 01-210-65-00-5804 OPERATING SUPPLIES 16,800 19,800 5%Increase 01-210-65-00-5808 POSTAGE&SHIPPING 3,500 3,500 Reflecting the line item more Accurately 01-210-65-00-5809 PRINTING&COPYING 4,725 5,725 5%Increase 01-210-65-00-5810 PUBLISHING&ADVERTISING 1,500 522 May have to retest this fiscal year 01-210-65-00-5812 GASOLINE 63,000 63,000,Fuel Costs and mileage u Page 5 of 9 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 "'Items identified in color are project-specific revenue streams. Expenses also identified in the same GENERAL FUND color. Proposed ACCOUNT 2006-2007 Revised 2006- NUMBER DESCRIPTION Budget 2007 Budget COMMENTS PUBLIC SAFETY/POLICE DEPT. 01-210-65-00-5813 AMMUNITION 5,500 5,500 More officers and more training shoots 01-210-72-00-6500 IMRF PARTICIPANTS 9,671 9,671 01-210-72-00-6501 SOCIAL SECURITY&MEDICARE 137,591 137,591 01-210-72-00-6502 POLICE PENSION 250,000 250,000 01-210-75-00-7002 COMPUTER EQUIP&SOFTWARE 9,500 9,500 01-210-78-00-9004 'BIKE PATROL 2,500 1,500 01-210-99-00-9910 TRANSFER TO POLICE CAPITAL 0 0 TOTAL EXPENSES: PUBLIC SAFETY/POLICE DEPT. 2,561,214 2,570,214 Page 6 of 9 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 ***Items identified in color are project-specific revenue streams. Expenses also identified in the same GENERAL FUND color. Proposed ACCOUNT 2006-2007 Revised 2006- NUMBER DESCRIPTION Budget 2007 Budget COMMENTS PLANNING $ DEVELOPMENT EXPENSES FY 05/06:Parks Designer,Urban Designer(hired in April)FY 06/07:Senior Planner,GIS Coordinator(112), 01-220-50-00-5107 EMPLOYEE SALARIES 218,000 115,000 Summer Intern 01-220-61-00-5300 !LEGAL SERVICES 20,000'' 40,000' 01-220-62-00-5401 CONTRACTUAL SERVICES 80,000 45,0001$30,000 includes brownfield work(various consultants)reimbursed by grant 01-220-62-00-5430 PLANNING CONSULTANT 70,000 38,000 Includes$50,000 for Zoning Ordinance Revision 01-220-62-00-5432 ECONOMIC DEVELOPMENT 45,000 45,000 01-220-62-00-5438 CELLULAR TELEPHONE 1,000 1,500 01-220-64-00-5600 DUES 1,000 2,000 APA,ASLA,GIS 01-220-64-00-5604 TRAINING&CONFERENCES 6,000 5,000 01-220-64-00-5605 TRAVEL EXPENSE 3,000 2,000 01-220-64-00-5616 BOOKS&PUBLICATIONS 0 0 see books and maps 01-220-65-00-5804 OPERATING SUPPLIES 5,000 10,500 01-220-65-00-5809 PRINTING&COPYING 2,500 2,500 01-220-65-00-5810 PUBLISHING&ADVERTISING 8,000 4.000 01-220-65-00-5814 BOOKS&MAPS 4,000 4,000 01-220-72-00-6500 IMRF PARTICIPANTS 17,222 17,222 01-220-72-00-6501 SOCIAL SECURITY&MEDICARE 16,677 16,677 01-220-75-00-7002 COMPUTER EQUIP&SOFTWARE 25,000 50,000,4 work stations and gps devise 01-220-75-00-7003 'OFFICE EQUIPMENT 3,000 18,000 work station furniture TOTAL EXPENSES: PLANNING&DEVELOPMENT 525,399 416,399 Page 7 of 9 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 ""Items identified in color are project-specific revenue streams. Expenses also identified in the same GENERAL FUND color. Proposed ACCOUNT 2006-2007 Revised 2006- NUMBER DESCRIPTION Budget 2007 Budget COMMENTS STREETS EXPENSES 01-410-50-00-5107 SALARIES-EMPLOYEE 225,437 215,000 FY 05/06 Operator(hired in April)FY 06/07: 1/4 Mechanic 01-410-50-00-5136 SALARIES-PART TIME 8,500 5,000 01-410-50-00-5137 'SALARIES-OVERTIME 20,000 20,000 01-410-61-00-5313 ENGINEERING-IN TOWN ROAD PROG 261,802 261,802 Phase II construction observation,roadway staking,drainage staking,material testing 01-410-61-00-5314 INSPECTIONS&LICENSES 400 4001spraying licenses must be renewed 01-410-62-00-5401 CONTRACTUAL SERVICES 2,000 3,000', 01-410-62-00-5408 MAINTENANCE-EQUIPMENT 8,000 6,5001 01-410-62-00-5409 MAINTENANCE-VEHICLES 9,000 15,0001 01-410-62-00-5414 MAINTENANCE-TRAFFIC SIGNALS 18,000 18,000 01-410-62-00-5415 ,MAINTENANCE-STREET LIGHTS 25,000 25,000 01-410-62-00-5420 MAINTENANCE-STORM SEWER 10,000 8,000:spring project south of Blaine St 01-410-62-00-5421 WEARING APPAREL 6,000 6,000 01-410-62-00-5434 RENTAL-EQUIPMENT 2,000 2,000 01-410-62-00-5435 ELECTRICITY 60,000 60,000 approx.15%increase due to new street lights 01-410-62-00-5438 CELLULAR TELEPHONE 3,300 3,300 01-410-62-00-5440 STREET LIGHTING 6,000 6,000 2000 per new or replacement installation 01-410-64-00-5604 TRAINING&CONFERENCES 5,000 2,000 2 national,5 in state,misc.day seminars 01-410-65-00-5804 OPERATING SUPPLIES 30,000 25,000 increase in area and maintenance 01-410-65-00-5812 GASOLINE 27,500 35,850 may have to be revisited mid-year 01-410-65-00-5815 HAND TOOLS 2,500 1,000 01-410-65-00-5817 GRAVEL 6,500 5,000 01-410-72-00-6500 IMRF PARTICIPANTS 19,390 19,390 01-410-72-00-6501 SOCIAL SECURITY&MEDICARE 19,426 19,426 01-410-75-00-5418 MOSQUITO CONTROL 27,000 28,4141 01-410-75-00-7004 SAFETY EQUIPMENT 1,000 2,000 01-410-75-00-7100 STREET REHAB PROJECTS 75,000 75,000 Asphalt Pavement Treatment$50k,Woodaie Drive Construction$25k 01-410-75-00-7106 ROAD CONTRIBUTION FUND PROJECTS 30,000 38,000!Fox Road and Game Farm Road patching 01-410-75-00-7107 ROAD CONTRIBUTION FUND-RESERVE 1,500,000�reserve for next FY 01-410-75-00-7101 IN-TOWN ROAD PROGRAM 1,588,198 1,588,1981 01-410-75-00-7105 !IN-TOWN ROAD PROGRAM RESERVE 0 01 01-410-75-00-7099 'GRANDE RESERVE PERIMETER ROADS 1,600,000 01-410-75-00-7102 'TREE&STUMP REMOVAL 25,000 24,995 01-410-75-00-7103 ''SIDEWALK CONSTRUCTION 25,000, 25,000 Town Square 01-410-75-00-7104 ''FOX HILL SSA EXPENSES 18,000' 18,000'seasonal maintenance of SSA area 01-410-75-00-4404 ;HANGING BASKETS 0. 2,442. 01-410-99-00-9930 'TRANSFER TO WATER IMPROVEMENT 220,000 220,000!In Town Road Program-Proceeds received in Gen Fund,project costs also in Water Imp. TOTAL EXPENSES:STREETS 5,884,952 5,884,717 Page 8 of 9 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 ***Items identified in color are project-specific revenue streams. Expenses also identified in the same GENERAL FUND color. Proposed ACCOUNT 2006-2007 Revised 2006- NUMBER :DESCRIPTION Budget 2007 Budget COMMENTS HEALTH &SANITATION EXPENSES 01-540-62-00-5442_ GARBAGE SERVICES 676,163 676,163 FY 2006/2007 fee is$15.06/month per home(FY 05/06 was$14.64) 01-540-62-00-5443 LEAF PICKUP 5,0001 5,235 TOTAL EXPENSES: HEALTH&SANITATION 681,163 681,398 TOTAL GENERAL FUND REVENUES 16,5_83,575 16,577,395 TOTAL GENERAL FUND EXPENSES 16,583,5751 16,577,395 FUND SURPLUS DEFICIT 01 0 Page 9 of 9 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 MFT Proposed Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES 15-000-40-00-3999 CARRY OVER BALANCE 300,000 305,226 Countryside Parkway Construction 15-000-40-00-4060 MOTOR FUEL TAX ALLOTMENTS 318,601 318,601 Per updated state estimates 15-000-46-00-4600 INVESTMENT INCOME 12,000 12,000 TOTAL REVENUES: 630,601 635,827 15-000-65-00-5800 CONTINGENCY 34,011 39,237 Reserve for FY 07/08 Game Farm/Somonauk Project$500k 15-000-65-00-5818 SALT 60,000 60,000 salt price increase and additional salt needed for growth 15-000-75-00-7007 SIGNS 9,990 9,990 15-000-75-00-7008 CRACK FILLING 40,000 40,000 15-000-75-00-7107 CONSTRUCTION ENGINEERING 150,000 150,000 Game Farm/Somonauk Phase 2 Engineering&ROW acquisition 15-000-75-00-7110 COLD PATCH 8,000 8,000 15-000-75-00-7111 HOT PATCH 9,600 9,600 15-000-75-00-7112 FAXON RD ENG/CONSTRUCTION 0 0 15-000-75-00-7113 COUNTRYSIDE PKWY CONST. 300,000 300,000 Project did not start FY 05/06 ROUTE 126/71 TRAFFIC SIGNALS 19,000 19,000 15-000-99-00-9960 TRANSFER TO FOX INDUSTRIAL 0 0 Not necessary to obligate funds for debt service this FY TOTAL EXPENSES: 630,601 635,827 TOTAL FUND REVENUES 630,601 635,827 TOTAL FUND EXPENSES 630,601 635,827 FUND SURPLUS (DEFICIT) 0 0 Page 1 of 1 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 MUNICIPAL BUILDING Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES CARRY OVER 16-000-40-00-3999 CARRY OVER BALANCE 32,500 32,500 Rental subsidies Based on approximately 800 permits, less any projected permits with pre-paid 16-000-42-00-4211 DEVELOPMENT FEES-BUILDING 137,423 137,423 permit fees(includes some permits at new municipal bldg fee) 16-000-42-00-4215 BEECHER RENTAL FEE 12,000 12,000 TRANSFER FROM LAND ACQUISITION 13,618 To cover Post Office Remodeling 16-000-49-00-4901 TRANSFER FROM GENERAL FUND 30,865 64,647 Transfer for Post Office remodeling/$16,014 from GF Contingencies TOTAL REVENUES: 212,788 260,188 16-000-62-00-5416 MAINT-GENERAL BLDG &GROUNDS 5,000 3,000 16-000-62-00-5402 RECREATION RENTAL FEE 32,500 12,500 Reduced by$20,000 to cover Post Office Remodel 16-000-75-00-7008 ENTRY WAY SIGNS 4,000 4,000 16-000-75-00-7200 BLDG IMPROV- PARK& REC 10,000 12,000 Reduced Maint of Bldg&Grounds to increase this line item 16-000-75-00-7203 BLDG IMPROVEMENTS-PUBLIC WORKS 10,000 12,000 new gutters, possible more extensive work needed/Reduced City Hall Bld Mt 16-000-75-00-7204 BLDG MAINT- CITY HALL 12,000 10,000 Reduced to increase Public Works Bldg Improvements 16-000-75-00-7205 BLDG IMPROVEMENTS-LIBRARY 4,000 4,000 16-000-75-00-7206 LANDSCAPING - PUBLIC BUILDINGS 2,000 2,000 16-000-75-00-7209 BEECHER PARKING LOT 0 0 16-000-75-00-7210 BLDG IMPROV- POST OFFICE 30,865 98,265 16-000-78-00-9009 RESERVE 0 0 TRANSFER TO DEBT SERVICE 102,423 102,423 to fund City Hall Debt Service payment TOTAL EXPENSES: 212,788 260,188 TOTAL FUND REVENUES 212,788 260,188 TOTAL FUND EXPENSES 212,788 260,188 FUND SURPLUS (DEFICIT) 0 0 Page 1 of 1 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 POLICE CAPITAL Proposed Revised 2006-2007 2006-2007 ACCOUNT NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES 04/05 Per Audit($42,190 Weather Warning Siren)05/06$70k all related to Warning Sirens FY 06/07 based on$0 spent FY 05/06$50k based on extra carry over(for 20-000-40-00-3999 CARRY OVER BALANCE 169,648 165,558 New World Software purchase) Based on approximately 800 permits, less any projected permits with pre-paid 20-000-42-00-4212 DEV FEES - POLICE 188,000 188,000 permit fees 20-000-44-00-4402 K-9 DONATIONS 1,000 1,000 20-000-44-00-4403 IN CAR VIDEO DONATIONS 2,500 9,714 20-000-44-00-4404 DONATIONS 1,000 1,000 20-000-44-00-4405 WEATHER WARNING SIREN 20,000 20,000 20-000-44-00-4431 SALE OF POLICE SQUADS 500 500 20-000-44-00-4489 RICP DISASTER PLAN GRANT 0 0 20-000-44-00-4490 MISC INCOME 0 0 20-000-48-00-4800 LOAN PROCEEDS 0 0 20-000-49-00-4901 TRANSFER FROM GENERAL FUND 75,000 82,402 TOTAL REVENUES: 457,648 468,174 EXPENSES 20-000-65-00-5811 LETHAL/NON-LETHAL WEAPONS 7,000 7,000 Vetronix Crash Retrevial System$2,495-Upgraded Server for our DVD In car cameras$10,750-Abacus Scales$13,339(4 @$3,350 each)-Extendo Bed Rack $2,238-Six New Portable Radios(6 @$900 each)$5,400-K-9 Cage and Door 20-000-75-00-7001 EQUIPMENT 36,722 36,722 Popper for Car$2,500-New World Reporting System$125,000 20-000-75-00-7002 K-9 EQUIPMENT 1,500 1,500 K-9 Bomb Dog Comes on line 20-000-75-00-7006 CAR BUILD OUT 49,415 49,415 (2)Full Squad Build Outs(2)Squad Switch Overs(3)Administration Buildout 20-000-75-00-7008 NEW WEATHER WARNING SIRENS 37,000 37,000 (2)New Sirens to be installed 20-000-75-00-7005 VEHICLES 97,222 104,624 (3)Replacement vehicles (2)new vehicles 20-000-75-00-7009 RESERVE-WEATHER WARNING SIREN 82,648 82,648 NEW WORLD SOFTWARE 125,000 125,000 20-000-78-00-9009 RESERVE 21,141 24,265 20-000-99-00-9965 TRANSFER TO DEBT SERV FUND 0 0 TOTAL EXPENSES: 457,648 468,174 TOTAL FUND REVENUES 457,648 468,174 TOTAL FUND EXPENSES 457,648 468,174 FUND SURPLUS(DEFICIT) 0 0 Page 1 of 1 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 PUBLIC WORKS CAPITAL Proposed Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES 21-000-40-00-3999 CARRY OVER BALANCE 175,000 175,000 Based on approximately 800 permits, less any projected permits with 21-000-42-00-4213 DEVELOPMENT FEES-PUBLIC WORKS 435,000 435,000 pre-paid permit fees 21-000-44-00-4430 SALE OF EQUIPMENT 40,000 40,000 Sale of 1 dump truck and 2 utility trucks 21-000-49-00-4915 TRANSFER FROM WATER FUND 50,000 50,000 21-000-49-00-4920 TRANSFER FROM SEWER FUND 30,000 30,000 TOTAL REVENUES: 730,000 730,000 EXPENSES Replacements:4x4 Pick up, single axle dump; New:2 wheel drive pick up(2), bucket truck,single axle dump truck(two vehicles not able to 21-000-75-00-7005 VEHICLES 309,000 309,000 purchase FY 05/06) 21-000-75-00-7015 SKID STEER UPGRADE 4,500 4,500 21-000-75-00-7107 TRUCK ACCESSORIES 14,000 14,000 Combine building addition and salt dome items-did not expend FY 21-000-75-00-7130 PUBLIC WORKS BLDG ADDITION - SALT DOME 200,000 200,000 05/06 Design of joint PW Parks Maintenance Facility 21-000-75-00-7115 SALT DOME 0 0 21-000-75-00-7001 EQUIPMENT 150,000 150,000 Wheel loader 21-000-78-00-9009 RESERVE 52,500 52,500 TOTAL EXPENSES: 730,000 730,000 TOTAL FUND REVENUES 730,000 730,000 TOTAL FUND EXPENSES 730,000 730,000 FUND SURPLUS(DEFICIT) 0 0 Page 1 of 1 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 PARKS & RECREATION CAPITAL Proposed Proposed ACCOUNT 2006-2007 Revised 2006- NUMBER DESCRIPTION Budget 2007 Budget COMMENTS REVENUES 22-000-40-00-3999 CARRY OVER 13,100 11,454 22-000-49-00-4930 TRANSFER FROM GENERAL FUND 150,000 150,000 Based on approximately 750 permits, less any projected permits with pre-paid permit 22-000-42-00-4216 PARKS CAPITAL FEE 26,000 26,000 fees 22-000-42-00-4217 PARK CAPTIAL DONATIONS 0 0 22-000-44-00-4430 SALE OF VEHICLES/EQUIPMENT 10,000 10,000 F-250 FORD 22-000-42-00-4218 IL CLEAN ENERGY GRANT 0 0 TOTAL REVENUES: 199,100 197,454 EXPENSES PARKS CAPITAL OUTLAY 22-610-75-00-7006 PICK UP TRUCK 75,000 75,000 One replacement and two new vehicles 22-610-75-00-7009 COMPUTER WORKSTATIONS 1,500 1,500 Lap top computure for maintenance staff PARK REDEVELOPMENTS 105,000 105,000 Cobb Park($45k)and Hiding Spot Park($60k)both originally budgeted FY 05/06 22-610-75-00-7013 PLAYGROUND REPLACEMENT 0 0 22-610-75-00-7014 SIGN REPLACEMENTS 0 0 22-610-75-00-7015 PARKS EQUIPMENT 15,000 15,000 $5k Utility Trailer//$10k new zero turn 72"Mower 22-610-75-00-7017 RECREATION EQUIPMENT 2,600 954 22-610-65-00-5800 RESERVE 0 0 TOTAL EXPENSES: PARKS 199,100 197,454 TOTAL FUND REVENUES 199,100 197,454 TOTAL FUND EXPENSES 199,100 197,454 FUND SURPLUS(DEFICIT) 0 0 Page 1 of 1 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 SEWER IMPROVEMENT Proposed Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS 37-000-40-00-3999 CARRY OVER BALANCE 3,130,000 3,130,000 $3,130,000 Rob Roy Creek 37-000-42-00-4220 CONNECTION FEES 1,576,800 1,576,800 @$1,800/permit 37-000-42-00-4221 RIVER CROSSING FEES 20,000 20,000 37-000-48-00-4803 ROB ROY CREEK REVENUE 0 0 37-000-48-00-4804 SOUTHWEST SERVICE AREA INTERCEPTOR 5,500,000 5,500,000 37-000-49-00-4901 TRANSFER FROM GENERAL FUND 150,000 150,000 Required for SSES Loan 37-000-46-00-4600 INVESTMENT INCOME 150,000 150,000 TOTAL REVENUES: 10,526,800 10,526,800 EXPENSES 37-000-62-00-5401 CONTRACTUAL/PROFESSIONAL SERVICES 40,000 40,000 37-000-62-00-5402 ENGINEERING/LEGAL/CONTINGENCIES-COUNTRYSIDE 0 0 37-000-62-00-5405 ENGINEERING/LEGAL/CONTINGENCIES- BRUELL ST. 0 0 37-000-62-00-5406 ENGINEERING/LEGAL/CONTINGENCIES- HYDRAULIC 0 0 37-000-65-00-5421 GIS SYSTEM 5,000 5,000 37-000-65-00-5800 CONTINGENCY 796,759 796,759 37-000-66-00-6012 DEBT ISSUANCE COSTS 0 0 Rob Roy Creek 37-000-75-00-7503 COUNTRYSIDE INTERCEPTOR 0 0 37-000-75-00-7505 ROB ROY CREEK SANITARY 3,130,000 3,130,000 37-000-75-00-7506 SOUTHWEST SERVICE AREA INTERCEPTOR 5,500,000 5,500,000 37-000-75-00-7508 MANHOLE REHAB PROJECT 15,000 15,000 37-000-75-00-7515 HEARTLAND ONSITE INTERCEPTOR OVER SIZING 0 0 37-000-75-00-7504 BRUELL STREET LIFT STATION 0 0 37-000-75-00-7509 SCADA SYSTEM 100,000 100,000 FOX HILL SANITARY SEWER RECAPTURE 150,000 150,000 37-000-99-00-9901 TRANSFER TO GENERAL FUND 150,000 150,000 $150K required for SSES Loan 37-000-99-00-9965 TRANSFER TO DEBT SERVICE 640,041 640,041 TOTAL EXPENSES: 10,526,800 10,526,800 TOTAL FUND REVENUES 10,526,800 10,526,800 TOTAL FUND EXPENSES 10,526,800 10,526,800 FUND SURPLUS (DEFICIT) 0 0 Page 1 of 1 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 WATERIMPROVEMENT Proposed Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES Carry over primarily for contract B.2&B.3 bond($1,333,082) 41-000-40-00-3999 CARRY OVER 1,945,082 1,381,009 ($112k Cont C.) 41-000-42-00-4220 CONNECTION FEES 2,083,000 2,083,000 permits @$3,700 for new subdivisions, $2,660 for current 41-000-42-00-4221 SOUTHWEST WATER MAIN PROJECT REVENUE 2,648,276 2,648,276 Did not receive funding FY 05/06 41-000-46-00-4600 INVESTMENT INCOME 55,000 55,000 LOAN PROCEEDS 1,412,960 1,412,960 Contract B.1 41-000-48-00-4801 CONTRACT B.2 & B.3 PROCEEDS 0 0 41-000-49-00-4915 TRANSFER FROM WATER FUND 0 0 41-000-49-00-4915 TRANSFER FROM GENERAL FUND 220,000 220,000 To fund In-Town Road Program TOTAL REVENUES: 8,364,318 7,800,245 EXPENSES 41-000-61-00-5300 LEGAL SERVICES 8,000 4,000 41-000-61-00-5301 ENGINEERING - GENERAL SERVICES 20,000 20,000 CONTRACT B.1 PROFESSIONAL SERVICES 75,000 75,000 CONTRACT B.1 CONSTRUCTION 1,337,960 1,582,005 41-000-61-00-5400 RADIUM COMPLIANCE PROJECT/CONTRACT B.2 & 3 1,238,082 266,000 41-000-61-00-5401 ENGINEERING-RADIUM/CONTRACT B.2 & B.3 75,000 242,000 41-000-61-00-5402 ENGINEERING-SW H2O PROJECT F 164,036 165,000 41-000-61-00-5405 PROFESSIONAL SERVICE/CONTRACT B.2 &3 20,000 20,000 41-000-61-00-5408 CENTRAL ZONE -CONTRACT C WATER IMPRV 102,702 102,702 Includes driveway and landscaping work 41-000-61-00-5410 ENGINEERING-CENTRAL ZONE-CONTRACT C 10,000 10,000 41-000-61-00-5415 USGS GROUNDWATER STUDY 10,500 10,500 41-000-61-00-5416 USGS GROUNDWATER STUDY COUNTYWIDE 15,000 15,000 41-000-61-00-5417 USGS GROUNDWATER STUDY SHALLOW WATER 50,000 50,000 41-000-65-00-5421 GIS SYSTEM 5,000 5,000 41-000-65-00-5800 CONTINGENCY 1,124,677 1,124,677 41-000-75-00-7503 SOUTHWEST WATER PROJECT(CONTRACT F) 2,484,240 2,484,240 41-000-75-00-7504 NORTH WATER TOWER-CONTRACT A 0 0 41-000-5-00-7507 OVERSIZING- HEARTLAND CIRCLE 0 0 $140k Gawne Lane Watermain, $21k Rt 126/71 Casing Pipe 41-000-75-00-7520 WATERMAIN PROJECTS 311,000 311,000 $150k rehab of well 4 41-000-75-00-7522 IN TOWN ROAD PROGRAM WATER PROJECTS 220,000 220,000 41-000-75-00-7509 SCADA System 450,000 450,000 Installation for Water Facilities 41-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 200,000 41-000-99-00-9965 TRANSFER TO DEBT FUND 443,121 443,121 TOTAL EXPENSES: 8,364,318 7,800,245 Page 1 of 2 ` UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 WATER IMPROVEMENT Proposed Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS TOTAL FUND REVENUES 8,364,318 7,800,245 TOTAL FUND EXPENSES 8,364,318 7,800,245 FUND SURPLUS (DEFICIT) 0 0 Page 2 of 2 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 DEBT SERVICE Proposed Proposed Revised 2006-2007 2006-2007 ACCOUNT NUMBER DESCRIPTION Budget Budget COMMENTS 42-000-40-00-3999 CARRY OVER 0 0 42-000-44-00-4440 RECAPTURE-WATER/SEWER 125,000 132,773 42-000-49-00-4940 TRANSFER FROM MUNICIPAL BLDG 102,423 102,423 New line-to fund City Hall Debt payments 42-000-49-00-4901 TRANSFER FROM GENERAL FUND 292,859 292,859 42-000-49-00-4910 TRANSFER FROM POLICE EQUIP CAP 0 0 42-000-49-00-4925 TRANSFER FROM SANITARY SEWER 640,041 640,041 FY 05/06$730,232 less 75%of recapture dollars 42-000-49-00-4930 TRANSFER FROM WATER IMPRV FUND 443,121 443,121 FY 05/06$258,150 less 24%of recapture dollars TOTAL REVENUES: 1,603,444 1,611,217 EXPENSES 42-000-66-00-6001 CITY HALL BONDS-PRINCIPAL PMT 50,000 50,000 Due 1/1/2022 Munic Bldg 42-000-66-00-6002 CITY HALL BONDS- INTEREST PMT 52,423 52,423 Due 1/1/2022 Munic Bldg 42-000-66-00-6003 IRBB- BRUELL STREET INTEREST PYMT 83,795 83,795 Due 2/1/2023 Sewer Imp. 42-000-66-00-6004 IRBB- BRUELL STREET PRINCIPAL PYMT 80,000 80,000 Due 2/1/2023 Sewer Imp. 42-000-66-00-6005 NORTH WATER TOWER-INTEREST PYMT 2,832 2,832 Due 5/1/2021 Water Imp. 42-000-66-00-6006 NORTH WATER TOWER- PRIN PYMT 22,169 22,169 Due 5/1/2021 Water Imp. 42-000-66-00-6007 4.8 MILLION DEBT CERT INT PYMT(WATER) 233,150 233,150 Due 12/15/2022 Water Imp. 42-000-66-00-6008 COUNTRYSIDE ALT REV PRINCIPAL PYMT 125,000 125,000 Due 2018 Sewer Imp. 42-000-66-00-6009 COUNTRYSIDE ALT REV INTEREST PYMT 117,638 117,638 Due 2018 Sewer Imp. 42-000-66-00-6010 COM ED/HYDRAULIC DEBT CERT. INT PYMT 41,328 41,328 Due 12/30/2014 Sewer Imp. 42-000-66-00-6011 COM ED/HYDRAULIC DEBT CERT. PRINC. 140,000 140,000 Due 12/30/2014 Sewer Imp. 42-000-66-00-6049 SANITARY SIPHON L17-115300 INTEREST 8,301 8,301 Due 1/25/13 Sewer Imp. 42-000-66-00-6050 SANITARY SIPHON L17-115300 PRINCIPAL 30,679 30,679 Due 1/25/13 Sewer Imp. 42-000-66-00-6055 LOAN PAYMENT-SSES IEPA L17-1153 INT 75,775 75,775 Due 9/6/19 Sewer Imp. LOAN PAYMENT- SSES IEPA L17-1153 PRINC 31,275 31,275 Due 9/6/19 Sewer Imp. 42-000-66-00-6072 2 MILLION ALT REVENUE (B.2 & B.3) INT. 90,150 97,923 Due 12/30/2024 Water 2 MILLION ALT REVENUE (B.2 & B.3) PRINC 35,000 35,000 Due 12/30/2024 Water $3.825 MILLION IN TOWN ROAD- INT. 262,859 262,859 Due 12/30/2022 $3.825 MILLION IN TOWN ROAD- PRINC 30,000 30,000 Due 12/30/2022 42-000-66-00-6070 $650K ROAD IMPROVEMENT PROG INT. 26,070 26,070 New line -Due 12/30/2012 Water Imp.(due to portion of project H2O related) 42-000-66-00-6071 $650K ROAD IMPROVEMENT PROG PRINC 65,000 65,000 New line -Due 12/30/2012 Water Imp.(due to portion of project H2O related) TOTAL DEBT SERVICE 1,603,444 1,611,217 TOTAL FUND REVENUES 1,603,444 1,611,217 TOTAL FUND EXPENSES 1,603,444 1,611,217 FUND SURPLUS (DEFICIT) 0 0 Page 1 of 1 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 SEWER MAINTENANCE Revised Proposed 2006-2007 2006-2007 ACCOUNT NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES 52-000-40-00-3999 CARRY OVER/FUND BALANCE 350,000 350,000 52-000-42-00-4240 LIFT STATION INCOME 8,000 8,000 52-000-42-00-4250 SEWER MAINTENANCE FEES 475,000 475,000 52-000-42-00-4251 SEWER CONNECTION FEES 260,000 260,000 @$200/permit 52-000-46-00-4600 INVESTMENT INCOME 15,000 15,000 TOTAL REVENUES: 1,108,000 1,108,000 EXPENSES 52-000-50-00-5108 SALARIES-REGULAR 141,858 141,858 1/4 Mechanic 52-000-50-00-5136 PART TIME 4,200 4,200 one part time employee 12 weeks 52-000-50-00-5137 SALARIES-OVERTIME 12,000 12,000 includes weekend monitoring of lift stations 52-000-62-00-5401 CONTRACTUAL SERVICES 5,000 4,000 contract work such as concrete and Blacktop driveway replacement due to repairs 52-000-62-00-5408 MAINTENANCE-EQUIPMENT 5,000 5,000 52-000-62-00-5409 MAINTENANCE-VEHICLES 4,000 4,000 Jet truck out of warranty 52-000-62-00-5419 MAINTENANCE-SANITARY SEWER 27,500 20,000 52-000-62-00-5421 WEARING APPAREL 3,500 4,200 do not have to outfit new employees 52-000-62-00-5422 LIFT STATION MAINTENANCE 25,000 20,000 52-000-62-00-5434 RENTAL-EQUIPMENT 1,000 1,000 52-000-62-00-5435 ELECTRICITY 14,400 74,400 52-000-62-00-5438 CELLULAR TELEPHONE 2,500 3,500 52-000-64-00-5604 TRAINING&CONFERENCES 4,000 3,000 2 national,3 state,misc.day seminars 52-000-64-00-5605 TRAVEL/MEALS/LODGING 3,000 2,000 2 national,3 state,misc.day seminars 52-000-65-00-5800 CONTINGENCIES 10,000 10,000 3%of day to day operating expenses per policy 52-000-65-00-5802 OFFICE SUPPLIES 2,500 3,500 52-000-65-00-5805 SHOP SUPPLIES 2,500 2,500 52-000-65-00-5812 GASOLINE 14,000 16,000 may need to adjust mid year 52-000-65-00-5815 HAND TOOLS 2,000 2,000 Outfit new utility truck 52-000-65-00-5817 GRAVEL 3,000 3,000 52-000-65-00-5823 SEWER CHEMICALS 5,000 5,000 52-000-72-00-6500 IMRF PARTICIPANTS 12,155 12,155 52-000-72-00-6501 SOCIAL SECURITY&MEDICARE 12,091 12,091 52-000-75-00-7002 COMPUTER EQUIP&SOFTWARE 2,500 2,500 replace 1 cpu and accessories 52-000-75-00-7003 OFFICE EQUIPMENT 6,000 6,000 new work station,2 new flat files,shelves and storage 52-000-75-00-7004 SAFETY EQUIPMENT 2,000 2,000 52-000-78-00-9005 MERIT 5,282 5,282 52-000-78-00-9009 RESERVE 676,013 626,813 Reserve for SSES Phase II Analysis 52-000-99-00-9901 TRANSFER TO GENERAL FUND 70,000 70,000 52-000-99-00-9950 TRANSFER TO PW EQUIP CAPITAL 30,000 30,000 TOTAL EXPENSES: 1,108,000 1,108,000 TOTAL FUND REVENUES 1,108,000 1,108,000 TOTAL FUND EXPENSES 1,108,000 1,108,000 FUND SURPLUS(DEFICIT) 0 0 Page 1 of 1 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 LAND CASH Proposed Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES 72-000-40-00-3999 CARRY OVER/STARTING BALANCE (200,767) TRANSFER FROM LAND ACQUISITION 0 150,000 Transfer from Parks and Rec 4,949 72-000-47-00-4701 GREENBRIAR-LAND CASH 0 1,071 72-000-47-00-4705 COUNTRY HILLS-LAND CASH 30,825 2,307 72-000-47-00-4709 SUNFLOWER-LAND CASH 0 0 72-000-47-00-4712 RIVER'S EDGE-LAND CASH 13,285 2,013 72-000-47-00-4715 WHITE OAK UNIT 1&2 0 1,226 72-000-47-00-4717 KYLYN'S CROSSING - LAND CASH 3,367 0 72-000-47-00-4722 KYLN'S RIDGE-LAND CASH 0 0 72-000-47-00-4723 HEARTLAND CIRCLE-LAND CASH 49,500 22,000 72-000-47-00-4724 THE HIGHLANDS-RAINTREE VILLAGE 0 0 72-000-47-00-4725 WINDETTE RIDGE-LAND CASH 3,006 0 72-000-47-00-4727 GRAND RESERVE-LAND CASH 0 0 72-000-47-00-4731 MONTALBANO HOMES LAND CASH 5,256 0 Longford Lakes 72-000-47-00-4732 RAINTREE VILLAGE 0 133,000 72-000-47-00-4734 WHISPERING MEADOWS -(Kimball Hill) 41,868 33,833 72-000-47-00-4735 PRAIRIE MEADOWS-(Menards Res.) 505,992 0 72-000-47-00-4737 Caledonia 172,000 0 72-000-47-00-4738 Autumn Creek 85,765 7,135 Prepaid 72-000-47-00-4736 GeFReFSteHe BRIARWOOD 113,043 0 72-000-47-00-4739 Wynstone Townhomes 8,567 0 72-000-47-00-4740 Villas at the Preserve 90,008 0 2005- 1/2 due at final plat BAILEY MEADOWS 60,833 0 BLACKBERRY WOODS 19,800 0 CORNEILS CROSSING 40,590 0 HUDSON LAKES 28,449 0 PRESTWICK 76,303 0 WESTBURY 62,414 0 WESTHAVEN 70,338 0 WILLMAN 39,600 0 OSLAD GRANT 0 158,000 72-000-47-00-4700 OSLAD GRANT 362,000 128,000 2005 OSLSD Grant for Whispering Meadows TOTAL CONTRIBUTIONS 1,882,809 442,767 EXPENSES 72-000-75-00-7201 RIVERFRONT EQUIP BUILDING IMPROV. 60,000 66,496 Rehab the garage portion of the building for proggram space Page 1 of 2 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 LAND CASH Proposed Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS 72-000-75-00-7300 GREENBRIAR 0 0 CALEDONIA 172,000 0 Design/Construction 72-000-75-00-7304 SUNFLOWER 0 115,230 72-000-75-00-7308 Rivers Edge Park#II 0 0 72-000-75-00-7311 CANNONBALL ESTATES/KYLYNS 0 65 OSLAD$120k($11 K to GF Transfer) 72-000-75-00-7317 HEARTLAND CIRCLE 4,000 0 Design only 72-000-75-00-7324 TOWN SQUARE 4,000 0 Design only 72-000-78-00-9009 RESERVE 212,809 0 72-000-75-00-7326 MOSIER HOLDING COSTS 0 15,686 72-000-75-00-7327 GRANDE RESERVE PARK DEVELOPMENT 0 24,152 72-000-75-00-7328 PRAIRIE MEADOWS -(Menards Res.) 6,000 14,356 2006 OSLAD Grant Applacation(Conceptual Design Only) 72-000-75-00-7700 PARKS MAINTENANCE FACILITY 500,000 10,307 72-000-75-00-7331 WINDETT RIDGE 4,000 0 Design only 72-000-75-00-7330 WHISPERING MEADOWS-(Kimball Hill) 724,000 34,579 Design/Construction RAINTREE VILLAGE 80,000 29,258 75000 for tot lot design and construction and 5000 for design of school/park site 72-000-99-00-9901 TRANSFER TO GENERAL FUND 16,000 16,000 To fund portion of Park Designer HOOVER HOLDING COSTS 100,000 116,638 TOTAL EXPENSES: 1,882,809 442,767 TOTAL FUND REVENUES 1,882,809 442,767 TOTAL FUND EXPENSES 1,882,809 442,767 FUND SURPLUS (DEFICIT) 0 - Page 2 of 2 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 LAND ACQUISITION Proposed Proposed Revised 2006-2007 2006-2007 ACCOUNT NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES 73-000-40-00-3999 CARRY OVER BALANCE 63,618 213,618 73-000-40-00-4930 COLT FUNDING 0 0 73-000-49-00-4935 TRANSFER FROM LAND CASH 0 0 TOTAL REVENUES: 63,618 213,618 EXPENSES TRANSFER TO LAND CASH 0 150,000 TRANSFER TO MUN BLD FOR PO 13,618 73-000-65-00-5800 CONTINGENCY 63,618 50,000 TOTAL EXPENSES: 63,618 213,618 TOTAL FUND REVENUES 63,618 213,618 TOTAL FUND EXPENSES 63,618 213,618 FUND SURPLUS(DEFICIT) 0 0 Page 1 of 1 r UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 PARKS & RECREATION Proposed Revised 2006-2007 2006-2007 ACCOUNT NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES 79-000-40-00-3999 CARRY OVER BALANCE 50,000 50,000 HOMETOWN DAYS 30,000 72,545 79-000-42-00-4270 FEES FOR PROGRAMS 266,000 218,000 incl. Increase in programs and proposed second Pre School 79-000-42-00-4280 CONCESSIONS/ALL SALE ITEMS 15,000 15,000 changed title 79-000-42-00-4281 BEECHER BLDG DEPOSITS 1,500 1,500 79-000-42-00-4285 VENDING MACHINE INCOME 650 250 79-000-42-00-4286 RENTAL INCOME 0 0 move to city budget 79-000-42-00-4287 PARK RENTAL INCOME(SHELTERS) 1,000 500 79-000-42-00-4288 GOLF OUTING REVENUE 38,000 40,888 79-000-44-00-4400 DONATIONS 15,000 9,500 79-000-44-00-4404 TREE DONATIONS 600 1,105 79-000-45-00-4550 YOUTH SERVICES GRANT 2,000 2,000 79-000-46-00-4600 INVESTMENT INCOME 6,500 10,740 79-000-49-00-4901 TRANSFER FROM GENERAL FUND 1,046,127 1,015,107 TOTAL REVENUES: 1,472,377 1,437,135 PARKS EXPENSES 79-610-50-00-5107 SALARIES-EMPLOYEES 383,107 324,571 Two new hires One MWI, One MWII,two promotions and$10,000 for mechanic 79-610-50-00-5136 SALARIES - PART-TIME 48,000 48,000 Additional seasonal 79-610-50-00-5137 SALARIES - OVERTIME 8,000 6,000 79-610-61-00-5320 MASTER PLAN 0 0 79-610-62-00-5405 PARK CONTRACTUAL 18,000 18,000 Additional park land and city grounds to apply herbicide and fertilizer 79-610-62-00-5408 MAINTENANCE-EQUIPMENT 10,000 8,000 79-610-62-00-5417 MAINTENANCE-PARKS 40,000 45,000 Four additional playgrounds 79-610-62-00-5421 WEARING APPAREL 8,000 7,000 Additional employees 79-610-62-00-5434 RENTAL-EQUIPMENT 1,700 2,500 79-610-62-00-5438 CELLULAR TELEPHONE 5,750 3,800 79-610-62-00-5440 LAND DEVELOPER 10,000 0 79-610-62-00-5445 LEGAL EXPENSES 10,000 4,000 PARKS EXPENSES 2006-(two new employees)7 for IPRA, 2 for NRPA, 2 local seminars; increase due to 3 additional staff and 4 staff needing certification or re-certification from the 79-610-64-00-5602 PROFESSIONAL GROWTH/SUBSCRPT 4,800 0 USDA. 79-610-64-00-5604 TRAINING AND CONFERENCE 0 4,800 New line item-combined Professional growth and continuing education Increase as a result of 2 additional staff, NRPA for three staff and 1 staff to 79-610-64-00-5605 TRAVEL EXPENSE 3,800 3,800 management school. 79-610-64-00-5612 CONTINUING EDUCATION 4,200 4,200 79-610-65-00-5802 OFFICE SUPPLIES 1,500 1,500 Page 1 of 3 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 PARKS & RECREATION Proposed Revised 2006-2007 2006-2007 ACCOUNT NUMBER DESCRIPTION Budget Budget COMMENTS 79-610-65-00-5804 OPERATING SUPPLIES 30,000 32,000 79-610-65-00-5812 GASOLINE 3,500 3,500 79-610-65-00-5815 HAND TOOLS 3,000 3,000 79-610-65-00-5824 CHRISTMAS DECORATIONS 7,000 7,000 79-610-65-00-5825 PUBLIC DECORATION 3,000 3,000 79-610-72-00-6500 IMRF PARTICIPANTS 30,897 28,000 79-610-72-00-6501 SOCIAL SECURITY/MEDICARE 33,592 31,000 79-610-75-00-7003 OFFICE EQUIPMENT 6,000 6,000 79-610-75-00-7701 FLOWERS/TREES 7,000 7,000 Transfer to Land-Cash 4,949 79-610-78-00-9005 MERIT 11,053 0 TOTAL EXPENSES: PARKS 691,899 606,620 RECREATION EXPENSES 1 part time to Full Time, 1/2 Dir., error in calculation, PT Janitor was left out 79-650-50-00-5107 EMPLOYEE SALARIES 312,226 356,002 ("scrivener's error") PRE SCHOOL SALARIES 87,000 55,000 moved from Instructor/Contr. incl. in pre school revenue 79-650-50-00-5150 SALARIES-INSTRUCTOR CONTRACTUAL 58,400 65,000 79-650-50-00-5155 SALARIES-RECORDING SECRETARY 3,000 2,400 reduce due to in-house 79-650-50-00-5108 CONCESSION STAFF 4,000 4,000 79-650-62-00-5408 MAINTENANCE SUPPLIES 5,000 5,000 reduced due to beecher 79-650-62-00-5409 MAINTENANCE-VEHICLES 1,200 1,765 79-650-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 6,500 6,500 increase w/special event advertising/programs 79-650-62-00-5426 YOUTH SERVICES GRANT EXPENSES 2,000 2,000 79-650-62-00-5437 TELEPHONE/INTERNET 1,600 1,600 79-650-62-00-5438 CELLULAR TELEPHONE 6,500 4,700 incl. 10 staff and director/2 new for proposed pre school 79-650-62-00-5445 PORTABLE TOILETS 5,000 3,500 surcharge increase, 1 unit increase 79-650-62-00-5603 PUBLISHING/ADVERTISING 25,700 25,700 allows for advertising cost increase/inc. no.s printed RECREATION EXPENSES 79-650-62-00-5605 BOOKS/PUBLICATIONS 750 750 79-650-62-00-5606 BEECHER DEPOSIT REFUND 1,500 4,145 change to Park Deposit Refund 79-650-64-00-5600 DUES 2,700 2,700 NRPA, IPRA staff and Board dues 79-650-64-00-5602 PROFESSIONAL GROWTH/SUBSCRIPT 0 0 Moved to training&conferences 79-650-64-00-5604 TRAINING AND CONFERENCE 7,500 8,000 1 at PDS, 7 staff at IPRA,2 staff at NRPA,workshops,sessions 79-650-64-00-5605 TRAVEL EXPENSE 2,500 2,500 79-650-65-00-5802 OFFICE SUPPLIES 7,000 7,000 increase cost of paper and inc. staff 79-650-65-00-5803 PROGRAM EXPENSES 50,400 50,000 incl. Daily supplies for proposed pre school 79-650-65-00-5804 OPERATING SUPPLIES 4,200 4,200 increase due to inc. in office staff and programs 79-650-65-00-5805 RECREATION EQUIPMENT 8,000 4,000 includes start up costs for proposed pre school(4,000) Page 2 of 3 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 PARKS & RECREATION Proposed Revised 2006-2007 2006-2007 ACCOUNT NUMBER DESCRIPTION Budget Budget COMMENTS 79-650-65-00-5808 POSTAGE &SHIPPING 7,200 7,200 increase in postage and no.s mailed 79-650-65-00-5812 GASOLINE 3,600 3,600 increase in price/vehicles/staff 79-650-65-00-5826 MILEAGE 750 500 79-650-65-00-5827 GOLF OUTING EXPENSES 20,000 22,177 HOMETOWN DAYS EXPENSES 25,000 78,863 79-650-65-00-5828 CONCESSIONS 9,000 11,000 changed title 79-650-65-00-5840 SCHOLARSHIPS 3,600 3,600 3,600 for general prog.&special rec. 1,800 for proposed pre school 79-650-65-00-5841 PROGRAM REFUND 7,000 8,000 79-650-72-00-6500 IMRF PARTICIPANTS 24,666 26,666 79-650-72-00-6501 SOCIAL SECURITY/MEDICARE 35,544 35,544 79-650-75-00-7002 COMPUTER EQUIP & SOFTWARE 4,750 5,300 replacement of 1 computer, 1 new server Rec Office new account allowing for purchase of Passenger Van from special event profit-i.e. RESERVE 27,688 11,603 Golf Outing profits 17,000 to 18,000 per year. 79-650-78-00-9005 MERIT 9,004 0 TOTAL EXPENSES: RECREATION 780,478 830,515 TOTAL FUND REVENUES 1,472,377 1,437,135 TOTAL FUND EXPENSES 1,472,377 1,437,135 FUND SURPLUS (DEFICIT) 0 0 Page 3 of 3 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 LIBRARY Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES Approved budget through Library Board 82-000-40-00-3999 CARRY OVER 231,590 1,557,975 82-000-40-00-3996 CARRY OVER- BOOK DEV FEES 0 102,125 82-000-40-00-3997 CARRY OVER- BLDG DEV FEES 7,263,881 5,461,107 includes library expansion carry over(estimated) 82-000-40-00-3998 CARRY OVER-MEMORIALS 0 1,522 82-000-40-00-4015 TRANSFER FROM GENERAL FUND 35,250 35,250 82-000-40-00-4000 REAL ESTATE TAXES 464,741 464,741 82-000-40-00-4010 PERSONAL PROPERTY TAX 2,500 2,500 82-000-42-00-4211 DEVELOPMENT FEES- BUILDING 95,000 95,000 82-000-42-00-4215 DEVELOPMENT FEES-BOOKS 95,000 95,000 82-000-42-00-4260 COPY FEES 900 900 82-000-42-00-4261 LIBRARY SUBSCRIPTION CARDS 8,000 8,000 82-000-42-00-4286 RENTAL INCOME 1,000 1,000 82-000-43-00-4330 LIBRARY FINES 3,000 3,000 82-000-44-00-4432 SALE OF BOOKS 500 500 82-000-44-00-4450 MEMORIALS 5,000 5,000 GRANTS 1,000 1,000 82-000-45-00-4560 LIBRARY PER CAPITA GRANT 7,700 7,700 82-000-46-00-4600 INVESTMENT INCOME 1,500 1,500 82-000-46-00-4601 INVESTMENT INCOME-BLDG 100,000 100,000 TOTAL REVENUES: 8,316,562 7,943,820 EXPENSES 82-000-50-00-5107 SALARIES-EMPLOYEES 350,000 332,950 82-000-50-00-5203 GROUP HEALTH INSURANCE 55,000 55,000 82-000-50-00-5204 GROUP LIFE INSURANCE 2,000 2,000 82-000-50-00-5205 DENTAL&VISION ASSISTANCE 6,000 6,000 82-000-61-00-5322 BONDING 2,000 2,000 82-000-61-00-5323 ATTORNEY 2,000 2,000 82-000-62-00-5401 CONTRACT SERVICES 3,000 3,000 82-000-62-00-5407 MAINTENANCE-BLDG/JANITORIAL 5,000 6,500 82-000-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 3,000 4,500 82-000-62-00-5412 MAINTENANCE-PHOTOCOPIER 1,000 1,000 82-000-62-00-5435 ELECTRICITY 2,500 2,500 82-000-62-00-5436 TELEPHONE 1,700 2,700 GAS HEAT 7,000 7,000 82-000-64-00-5603 SUBSCRIPTIONS 4,000 4,000 Page 1 of 2 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 LIBRARY Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS 82-000-64-00-5604 TRAINING &CONFERENCES 1,500 1,500 82-000-64-00-5607 PUBLIC RELATIONS 1,000 1,000 82-000-64-00-5616 EMPLOYEE RECOGNITION 2,000 2,100 82-000-65-00-5800 CONTINGENCIES 22,031 22,031 Includes 3%of operating expenses per policy 82-000-65-00-5806 LIBRARY SUPPLIES 8,000 9,200 82-000-65-00-5807 CUSTODIAL SUPPLIES 10,000 13,000 82-000-65-00-5802 OFFICE SUPPLIES 6,000 7,500 82-000-65-00-5808 POSTAGE &SHIPPING 1,000 1,000 82-000-65-00-5810 PUBLISHING &ADVERTISING 1,000 1,000 82-000-65-00-5826 MILEAGE 1,000 1,000 82-000-65-00-5832 VIDEOS 5,000 5,000 82-000-65-00-5833 ALARM MONITORING 1,000 1,000 82-000-65-00-5834 LIBRARY PROGRAMMING 12,000 12,000 82-000-65-00-5835 LIBRARY BOARD EXPENSES 1,000 1,000 82-000-65-00-5836 BOOKS-ADULT 10,000 10,000 82-000-65-00-5837 BOOKS-JUVENILE 10,000 10,000 82-000-65-00-5838 BOOKS-AUDIO 10,000 10,000 82-000-65-00-5839 BOOKS-REFERENCE 10,000 16,000 82-000-65-00-5840 BOOKS-DEVELOPMENT FEE 95,000 95,000 82-000-65-00-5841 MEMORIALS/GIFTS 5,000 5,000 82-000-65-00-5842 BLDG-DEVELOPMENT FEES 95,000 95,000 GRANT 1,000 1,000 82-000-72-00-6500 IMRF PARTICIPANTS 9,000 9,250 82-000-72-00-6501 SOCIAL SECURITY/MEDICARE 26,250 26,250 82-000-75-00-7003 AUTOMATION 164,700 164,700 82-000-75-00-7703 BUILDING EXPANSION 7,363,881 6,992,139 TOTAL EXPENSES: 8,316,562 7,943,820 TOTAL FUND REVENUES 8,316,562 7,943,820 TOTAL FUND EXPENSES 8,316,562 7,943,820 FUND SURPLUS(DEFICIT) 0 0 Page 2 of 2 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 FOX INDUSTRIAL Proposed Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES 85-000-40-00-3999 CARRY OVER BALANCE 30,000 32,799 85-000-40-00-4090 TIF REVENUES 75,000 75,000 85-000-46-00-4600 INVESTMENT INCOME 3,000 3,000 85-000-49-00-4905 TRANSFER FROM MFT FUND 0 0 TOTAL REVENUES: 108,000 110,799 EXPENSES 85-000-66-00-6021 FOX IND BOND-PRINCIPAL PMT 60,000 60,000 Due 12/1/2012 85-000-66-00-6022 FOX IND BOND-INT PAYMENT 20,415 20,415 Due 12/1/2012 85-000-75-00-7901 FOX IND NON MFT PAYMENT 0 0 85-000-75-00-7902 FOX INDUSTRIAL EXPENSES 0 0 85-000-78-00-9007 ADMINISTRATION FEES 300 300 85-000-78-00-9010 RESERVE - FUTURE BOND PYMT 27,285 30,084 TOTAL EXPENSES: 108,000 110,799 TOTAL FUND REVENUES 108,000 110,799 TOTAL FUND EXPENSES 108,000 110,799 FUND SURPLUS (DEFICIT) 0 0 Page 1 of 1 UNITED CITY OF YORKVILLE BUDGET FY 2006-2007 COUNTRYSIDE TIF Proposed Proposed Revised ACCOUNT 2006-2007 2006-2007 NUMBER DESCRIPTION Budget Budget COMMENTS REVENUES 87-000-40-00-3999 CARRY OVER BALANCE 3,000,000 3,463,672 Estimated based on possible 1 st phase payout in FY 05/06 87-000-40-00-4090 TIF REVENUES 0 0 87-000-46-00-4600 INVESTMENT INCOME 75,000 75,000 TOTAL REVENUES: 3,075,000 3,538,672 EXPENSES 87-000-66-00-6021 BOND-PRINCIPAL PMT 0 0 Due 12/01/2024 87-000-66-00-6022 BOND-INT PAYMENT 142,868 142,868 Due 12/01/2024 87-000-78-00-9007 ADMINISTRATION FEES 2,500 2,500 87-000-78-00-9010 RESERVE - FUTURE BOND PYMT 2,929,632 3,393,304 TOTAL EXPENSES: 3,075,000 3,538,672 TOTAL FUND REVENUES 3,075,000 3,538,672 TOTAL FUND EXPENSES 3,075,000 3,538,672 FUND SURPLUS (DEFICIT) 0 0 STATE OF ILLINOIS ) )ss COUNTY KENDALL ) ORDINANCE NO.2007- ORDINANCE APPROVING THE REVISION OF THE 2006-2007 FISCAL BUDGET FOR THE UNITED CITY OF YORKVILLE WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have duly allowed Public input, and through its committee system has duly considered revision of the budget for the 2006-2007 Fiscal Year; and WHEREAS, a tentative budget was duly announced and available for examination at the City offices of the UNITED CITY OF YORKVILLE; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE deem it in the best interest of the City for the orderly operation thereof to pass and approve the revised 2006-2007 Fiscal Year Budget being submitted on March 20, 2007 at its regular Committee of the Whole Meeting: NOW THEREFORE,upon Motion duly made, seconded and approved by a majority of those so voting,revision of the 2006-2007 Budget as presented is hereby adopted for the 2006- 2007 Fiscal Year. Page 1 of 2 ADOPTED this 27th day of March, 2007,pursuant to a roll call vote as follows: PAUL JAMES MARTY MUNNS JIM BOCK GARY GOLINSKI VALERIE BURD ROSE SPEARS JASON LESLIE JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 27th day of March, A.D. 2007. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois,this 27th day of March, A.D. 2007. Attest: CITY CLERK Page 2 of 2 .4 r o United City of Yorkville Memo 800 Game Farm Road EST 1 1M Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 �2 �kE ��'�• Date: March 16, 2007 To: Committee of the Whole From: Bart Olson,Assistant City Administrator CC: Subject: Kendall Marketplace documents Per previous and similar documents, the ordinance in your packet does not contain any of the exhibits of the document, due to their length. Exhibits A—E (legal description,trust indenture,bond purchase agreement,development agreement and limited offering memorandum) are printed off in their entirety in the four copies that are bound and located beneath the staff mailboxes on the bookshelf in City Hall. F&L DRAFT 03/15/07 TRUST INDENTURE Between UNITED CITY OF YORKVILLE, ILLINOIS and THE BANK OF NEW YORK TRUST COMPANY,N.A., as Trustee Dated as of April 1,2007 UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREA NUMBER 2006-113 AD VALOREM TAX BONDS, SERIES 2007 (CANNONBALLBEECHER ROAD PROJECT) CH12_650171.5 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND INTERPRETATIONS............................................. 2 Section1.1 Definitions................................................................................................... 2 Section 1.2 Rules of Interpretation.............................................................................. 11 ARTICLE II AUTHORIZATION, EXECUTION, AUTHENTICATION, REGISTRATION AND DELIVERY OF BONDS.................................. 12 Section 2.1 Authorization of Bonds; Limitation.......................................................... 12 Section 2.2 Bonds Limited Obligations....................................................................... 12 Section 2.3 Details of Bonds........................................................................................ 12 Section 2.4 Execution of Bonds................................................................................... 13 Section 2.5 Authentication of Bonds........................................................................... 13 Section 2.6 Form of Bonds.......................................................................................... 13 Section 2.7 Delivery of Bonds..................................................................................... 13 Section 2.8 Registration of Transfer and Exchange of Bonds; Persons Treated asBondholders.......................................................................................... 14 Section 2.9 Temporary Bonds...................................................................................... 14 Section 2.10 Mutilated, Lost or Destroyed Bonds......................................................... 15 Section 2.11 Cancellation and Disposition of Bonds..................................................... 15 Section 2.12 Securities Depository Provisions.............................................................. 15 ARTICLE III REDEMPTION OF BONDS.................................................................... 17 Section 3.1 Redemption Dates and Prices................................................................... 17 Section 3.2 Mandatory Sinking Fund Redemption of Bonds...................................... 17 Section 3.3 Optional Redemption of Bonds ................................................................ 17 Section 3.4 Special Mandatory Redemption from Surplus Bond Proceeds................. 18 Section 3.5 Selection of Bonds for Redemption.......................................................... 18 Section 3.6 Notice of Redemption............................................................................... 18 Section 3.7 Purchase at Any Time............................................................................... 19 ARTICLE IV FUNDS AND ACCOUNTS.....................................................................20 Section 4.1 Creation of Funds; Deposit of Bond Proceeds..........................................20 Section 4.2 Improvement Fund....................................................................................20 Section 4.3 Debt Service Fund.....................................................................................21 Section4.4 Reserve Fund. ...........................................................................................22 Section 4.5 Revenues to Be Held for All Bondholders,With Certain Exceptions.................................................................................................23 Section4.6 Rebate Fund..............................................................................................24 Section 4.7 Administrative Expense Fund...................................................................24 Section 4.8 Special Redemption Fund.........................................................................24 Section 4.9 Repayment to the Issuer from Amounts Remaining in Any Funds..........24 Section 4.10 Additional Funds and Accounts................................................................24 i CH12_650171.5 ARTICLE V INVESTMENT OR DEPOSIT OF FUNDS.............................................25 Section 5.1 Deposits and Security Therefor................................................................25 Section 5.2 Investment or Deposit of Funds................................................................25 Section 5.3 Valuation of Funds....................................................................................26 ARTICLE VI COVENANTS AND AGREEMENTS OF THE ISSUER.......................27 Section 6.1 Covenants and Agreements of the Issuer..................................................27 Section 6.2 Observance and Performance of Covenants, Agreements, Authorityand Actions...............................................................................28 Section6.3 Tax Covenants. .........................................................................................28 Section 6.4 Limited Obligations.................................................................................. 29 Section 6.5 Levy of Ad Valorem Tax; Abatement......................................................30 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES........................................... 30 Section 7.1 Events of Default Defined ........................................................................30 Section 7.2 Remedies Upon Default............................................................................ 30 Section 7.3 Additional Remedies.................................................................................31 Section 7.4 Marshaling of Assets................................................................................. 31 Section 7.5 Trustee May File Proofs of Claim. ........................................................... 32 Section 7.6 Possession of Bonds Not Required...........................................................32 Section 7.7 Notice and Opportunity to Cure Certain Defaults....................................32 Section 7.8 Priority of Payment Following Event of Default......................................33 Section 7.9 Bondholders May Direct Proceedings......................................................34 Section 7.10 Limitations on Rights of Bondholders...................................................... 34 Section 7.11 Unconditional Right of Bondholder to Receive Payment.........................35 Section 7.12 Restoration of Rights and Remedies......................................................... 35 Section 7.13 Rights and Remedies Cumulative.............................................................35 Section 7.14 Delay or Omission Not Waiver.................................................................35 Section 7.15 Waiver of Defaults.................................................................................... 35 Section 7.16 Notice of Events of Default......................................................................35 ARTICLEVIII THE TRUSTEE........................................................................................ 36 Section 8.1 Duties and Responsibilities of the Trustee................................................36 Section 8.2 Certain Rights of the Trustee....................................................................37 Section 8.3 Trustee Not Responsible for Recitals .......................................................39 Section 8.4 Trustee May Own Bonds..........................................................................39 Section 8.5 Compensation and Expenses of the Trustee.............................................40 Section 8.6 Qualifications of Trustee...........................................................................40 Section 8.7 Resignation or Removal of Trustee; Appointment of Successor Trustee.......................................................................................................41 Section 8.8 Acceptance of Appointment by Successor Trustee. .................................41 Section 8.9 Merger, Succession or Consolidation of Trustee......................................42 Section 8.10 Notices to Bondholders; Waiver...............................................................42 ARTICLE IX DISCHARGE AND DEFEASANCE.......................................................44 Section9.1 Discharge..................................................................................................44 Section 9.2 Defeasance; Deposit of Funds for Payment of Bonds..............................44 ii CH12_650171.5 Section 9.3 Notice of Defeasance................................................................................45 ARTICLE X SUPPLEMENTAL INDENTURES AND AMENDMENTS .................. 45 Section 10.1 Supplemental Indentures Without Bondholders' Consent........................45 Section 10.2 Supplemental Indentures Requiring Bondholders' Consent.....................46 Section 10.3 Consents of Bondholders and Opinions....................................................47 Section 10.4 Notation on Bonds.................................................................................... 47 Section 10.5 Delivery of Counsel's Opinion with Respect to Supplemental Indentures.................................................................................................. 47 Section 10.6 Effect of Supplemental Indentures............................................................48 ARTICLE XI MISCELLANEOUS PROVISIONS.........................................................48 Section 11.1 Security Agreement; Financing Statements...................... Section 11.2 Limitation of Rights..................................................................................48 Section11.3 Severability............................................................................................... 48 Section11.4 Notices......................................................................................................49 Section11.5 Holidays.................................................................................................... 49 Section 11.6 Counterparts.............................................................................................. 50 Section11.7 Applicable Law......................................................................................... 50 Section 11.8 Limitation of Liability of Officials of the Issuer...................................... 50 Section 11.9 Successors and Assigns............................................................................. 50 Section 11.10 Form of Documents Delivered to Trustee ................................................ 50 Section 11.11 Consent of Holders ................................................................................... 51 Appendix A—Form of Bond Appendix B —Description of Special Service Area Number 2006-113 Appendix C—Request for Payment CHI2_650171.5 TRUST INDENTURE THIS TRUST INDENTURE (the "Indenture") dated as of April 1, 2007 is made by and between the United City of Yorkville (the "Issuer"), a municipal corporation organized and existing under the laws of the State of Illinois, and The Bank of New York Trust Company, N.A. (the"Trustee"), a national banking association authorized to exercise corporate trust powers: WITNESSETH: WHEREAS, the Issuer has by Ordinance Number 2007- established Special Service Area Number 2006-113 (the"SSA"); and WHEREAS, the Issuer has by Ordinance Number 2007- (the `Bond Ordinance") authorized the issuance of its Special Service Area Number 2006-113 Ad Valorem Tax Bonds, Series 2007 (Cannonball/Beecher Road Project) (the"Bonds") in the aggregate principal amount of not to exceed $12,500,000 to finance the construction of special services within the SSA (the "Special Services") pursuant to the provisions of Article VII, Section 6 of the Illinois constitution and the Special Service Area Tax Law, 35 ILCS 200/27-5 et M. (the"Act"); and WHEREAS, the Issuer has determined that, in the issuance and sale of the Bonds, it will be acting to further the public purposes of the Act; and WHEREAS, all things necessary to make the Bonds, when issued, executed and delivered by the Issuer and authenticated by the Trustee, to the extent required pursuant to this Indenture, the valid, binding and legal limited obligations of the Issuer, and to constitute this Indenture as a valid assignment and pledge of the revenues herein pledged to the payment of the principal of, redemption premium, if any, and interest on the Bonds and a valid assignment and pledge of certain rights of the Issuer has been done and performed, and the creation, execution and delivery of this Indenture, and the execution, issuance and delivery of the Bonds, subject to the terms hereof,have in all respects been duly authorized; NOW, THEREFORE, THIS TRUST INDENTURE WITNESSETH, that to secure the payment of principal of, redemption premium, if any, and interest on the Bonds according to their true intent and meaning, and all other amounts due from time to time under this Indenture, including those due to the Trustee, to secure the performance and observance of all of the covenants, agreements, obligations and conditions contained in the Bonds and in this Indenture, and to declare the terms and conditions upon and subject to which the Bonds are and are intended to be issued, held, secured and enforced and in consideration of the premises and the acceptance by the Trustee of the trusts created herein and of the purchase and acceptance of the Bonds by the Bondholders and for other good and valuable consideration, the receipt of which is acknowledged, the Issuer has executed and delivered this Indenture and absolutely and irrevocably pledges and assigns to the Trustee and to its successors in trust, on the basis set forth herein, and its and their assigns, all right, title and interest of the Issuer in and to the Trust Estate as defined in Article I; TO HAVE AND TO HOLD unto the Trustee and its successors in trust and its and their assigns forever; CH12 650171.5 BUT IN TRUST,NEVERTHELESS, and subject to the provisions hereof, (a) for the equal and proportionate benefit, security and protection of all Bonds, (b) for the enforcement of the payment of the principal of, redemption premium, if any, and interest on the Bonds, and all other amounts due from time to time under this Indenture, including those due to the Trustee, when payable, according to the true intent and meaning thereof and of this Indenture, and (c) to secure the performance and observance of and compliance with the covenants, agreements, obligations, terms and conditions of this Indenture and the Bond Ordinance, in each case, without preference,priority or distinction, as to lien or otherwise except as provided herein, of any one Bond over any other by reason of designation,number, date of the Bonds or of authorization, issuance, sale, execution, authentication, delivery or maturity thereof, or otherwise, so that each Bond and all Bonds shall have the same right, lien and privilege under this Indenture and shall be secured equally and proportionately by this Indenture, it being intended that the lien and security of this Indenture shall take effect from the date hereof, without regard to the date of the actual issue, sale or disposition of the Bonds, as though upon that date all of the Bonds were actually issued, sold and delivered to purchasers for value; provided, however, that, upon satisfaction of and in accordance with the provisions of Article IX, the rights assigned hereby shall cease, determine and be void to the extent described therein; otherwise, such rights shall be and remain in full force and effect; IT IS DECLARED that all Bonds issued under and secured by this Indenture are to be issued, authenticated and delivered, and that all Revenues assigned or pledged hereby are to be dealt with and disposed of under, upon and subject to, the terms, conditions, stipulations, covenants, agreements, obligations, trusts, uses and purposes provided in this Indenture; and the Issuer has agreed and covenanted, and agrees and covenants with the Trustee and with each and all Bondholders, as follows: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.1 Definitions. Unless the context otherwise requires, the terms defined in this Article I shall, for all purposes of this Indenture and of any indenture supplemental hereto, have the meanings herein specified: "Accounting Date"means January 1 of each year, commencing January 1, 2008. "Act"means the Special Service Area Tax Law, 35 ILCS 200/27-5 et sec. "Ad Valorem Tax" or "Ad Valorem Taxes" means the ad valorem property tax or taxes levied by the Issuer on all taxable property within the SSA to pay for the Special Services. 2 CH12_650171.5 "Administrative Expense Fund" means the Trust Fund so designated which is described in Section 4.7. "Administrative Expense Fund Requirement" means, (1) from the Issue Date though December 31, 2007, $ , (2) for each calendar year beginning on and after January 1, 2008, the Administrative Expense Fund Requirement on December 31 of the previous year plus an amount equal to 3% of such Administrative Expense Fund Requirement on December 31 of the previous year. "Administrative Expenses" means the following actual or reasonably estimated costs permitted in accordance with the Act and directly related to the administration of the SSA and the Bonds as determined by the Issuer or a consultant on its behalf the costs of computing or abating the Ad Valorem Tax; the costs of collecting the Ad Valorem Tax (whether by the Issuer, the County or otherwise); the costs of remitting the Ad Valorem Tax to the Trustee; the costs of the Trustee and any fiscal agent (including its legal counsel) in the discharge of the duties required of it under this Indenture or any trustee or fiscal agent agreement; the costs of any rebate consultant; the costs of the Issuer or its designee in complying with disclosure requirements of applicable federal and state securities laws and of the Act, including, but not limited to, public inquiries regarding the Ad Valorem Tax; and amounts advanced by the Issuer for any other administrative purposes of the SSA; and the reasonable fees of legal counsel of the Issuer incurred in connection with the foregoing. "Attesting Officer"means the Clerk or Assistant Clerk of the Issuer. "Authorized Denomination" means denominations of$100,000 and any integral multiple of$5,000 in excess thereof. "Available Funds" means additional funds of the Issuer available to pay debt service on the Bonds or abate the Ad Valorem Taxes. "Bankruptcy Law" means Title 11 of the United States Code, as it is amended from time to time and any successor to or replacement of such Title and any other applicable federal or state bankruptcy,insolvency or other similar law. "Beneficial Owner" means, for any Bond which is held by a nominee, the beneficial owner of such Bond. "Bond" or "Bonds" means the Issuer's Special Service Area Number 2006-113 Ad Valorem Tax Bonds, Series 2007 (Cannonball/Beecher Road Project) issued under this Indenture in the aggregate principal amount of$ "Bond Counsel" means, with respect to the Bonds, Foley & Lardner LLP, Chicago, Illinois, or any other firm of attorneys experienced in the matters covered by the opinion selected by the Issuer and acceptable to the Trustee. "Bondholder" or"holder of Bonds" or"Owner of Bonds" means the Person who owns a Bond, provided that, pursuant to Section 2.8, the Person in whose name a Bond is registered in the Bond Register shall be regarded for all purposes as such owner. 3 CH12_650171.5 "Bond Ordinance"means Ordinance Number 2007- authorizing the Bonds. "Bond Register" and "Bond Registrar" shall have the respective meanings specified in Section 2.8. "Book Entry"means those Bonds for which a Securities Depository or its nominee is the Bondholder. "Business Day" means any day of the year other than (a) a Saturday or Sunday, (b) any day on which banks located in the City of Chicago, Illinois or the city in which the Office of the Trustee is located are required or authorized by law to remain closed, or(c) any day on which the New York Stock Exchange is closed. "Business District" means the Kendall Marketplace Business District within the Issuer created pursuant to the Business District Act and legally described on Exhibit B to the Business District Revenue Bond Indenture and incorporated by reference therein whose boundaries are coterminous with the SSA. "Business District Act" means the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq. "Business District Revenue Bond Indenture" means the Trust Indenture dated as of January 1, 2007, by and between the Issuer and the Business District Revenue Bond Trustee pursuant to which the Business District Bonds were issued. "Business District Revenue Bond Trustee" means The Bank of New York Trust Company, N.A., and its successors and assigns, as trustee for the Business District Revenue Bonds. "Business District Revenue Bonds"means the Issuer's Business District Revenue Bonds, Series 2007 (Storm Water/Water Improvement Project) in the aggregate principal amount of $ issued by the Issuer to fund all or a portion of certain municipal improvements in the Business District in accordance with the Business District Act. "Business District Sales Tax Account" means the Account created and so designated in Section 5.2 of the Business District Revenue Bond Indenture. "Business District Sales Taxes" means the one-half of one percent (.5%) Business District Sales Tax levied by the Issuer in the Business District on sales by retailers and servicemen operating in the Business District, and any tax intended to replace the same as enacted by law or ordinance of the Issuer or any governmental authority. "Business District Tax Allocation Fund" means the trust fund created and so designated in Ordinance Number 2006- of the Issuer adopted on December 12, 2006 pursuant to the Business District Act. "Code"means the Internal Revenue Code of 1986, as amended, and the Regulations. 4 CH 12_650171.5 "Conditional Redemption" means a redemption where the Issuer has stated in the redemption notice to the Trustee that (a) the redemption is conditioned upon deposit of funds or (b)the Issuer has retained the right to rescind the redemption, as further described in Section 3.9. "Costs of the Special Services" or "Costs" means any acquisition or construction cost properly incurred in connection with the Special Services. "Counsel"means an attorney or law firm (who may be counsel for the Issuer), acceptable to the Trustee. "Count Y'means Kendall County, Illinois. "Debt Service Fund" means the trust fund so designated which is described in Section 4.3. "Default" means any event which, with the giving of notice or the lapse of time or both, would constitute an Event of Default. "Defeasance Obligations' means noncallable, non-redeemable direct obligations of the United States of America or noncallable obligations which are fully and unconditionally guaranteed by the United States of America. "Deposit" shall have the meaning given to such term in Section 6.5. "Depository Participants" means any Person for which the Securities Depository holds Bonds as securities depository. "Developer" means Cannonball LLC, an Illinois limited liability company, and its successors and assigns. "Developer's Counsel" means the lawyer or law firm retained from time to time to represent the Developer in connection with the development of property within the SSA. "Development Agreement"means the Development Agreement dated as of , 2007 between the Issuer and the Developer, as the same may be amended, modified, amended and restated, and supplemented from time to time. "DTC" shall have the meaning given to such term in Section 2.12. "Eligible Investments" means, to the extent permitted by then applicable Illinois law, the following: (a) Governmental Obligations; (b) bonds, notes, debentures, or other similar obligations of the United States of America or its agencies, including (i) federal land banks, federal intermediate credit banks, banks for cooperative, federal farm credit banks, or any other entity authorized to issue debt obligations under the Farm Credit Act of 1971 (12 U.S.C. 2001 et. seq.,); (ii) 5 CH12_650171.5 the federal home loan banks and the federal home loan mortgage corporation; and (iii) any other agency created by Act of Congress; (c) interest bearing obligations of any county, township, city, town, incorporated town, municipal corporation or school district, which obligations are registered in the name of the Issuer or held under a custodial agreement at a bank, if such obligations at the time of purchase are in one of the two highest general classifications established by a rating service of nationally recognized expertise in rating bonds of states and their political subdivisions; (d) interest bearing certificates of deposit, interest bearing savings or money market accounts, interest bearing time deposits, or other investments constituting direct obligations of any bank as defined by the Illinois Banking Act which are insured by the Federal Deposit Insurance Corporation; or which are with a bank rated in the highest short-term rating category established by a national recognized rating service; (e) repurchase agreements of government securities which are subject to the Government Securities Act of 1986. The government securities, unless registered or inscribed in the name of the Issuer, shall be purchased through banks or trust companies authorized to do business in the State of Illinois; (fl repurchase agreements (other than those described in clause (e) of the definition of"Eligible Investments")meeting the following requirements: (1) the securities, unless registered or inscribed in the name of the Trustee, are purchased through banks or trust companies authorized to do business in the State of Illinois; (2) an Authorized Officer after ascertaining which firm will give the most favorable rate of interest, directs the custodial bank to "purchase"' specified securities from a designated institution. The "custodial bank" is the bank or trust company, or agency of government, which acts for the Trustee in connection with repurchase agreements involving the investment of funds by the Trustee. The State Treasurer may act as custodial bank for the Trustee; (3) a custodial bank must be a member bank of the Federal Reserve System or maintain accounts with member banks. All transfers of book-entry securities must be accomplished on a Reserve Bank's computer records through a member bank of the Federal Reserve System. These securities must be credited to the Trustee on the records of the custodial bank and the transaction must be confirmed in writing to the Trustee by the custodial bank; (4) trading partners shall be limited to banks or trust companies authorized to do business in the State of Illinois or to registered primary reporting dealers; (5) the security interest must be perfected; 6 CH12_650171.5 (6) the Trustee must enter into a written master repurchase agreement which outlines the basic responsibilities and liabilities of both buyer and seller; (7) the repurchase agreement shall be for periods of 330 days or less; (8) the Trustee Representative must inform the custodial bank in writing of the maturity details of the repurchase agreement; (9) the custodial bank must take delivery of and maintain the securities in its custody for the account of the Trustee and confirm the transaction in writing to the Trustee. The Custodial Undertaking shall provide that the custodian takes possession of the securities exclusively for the Trustee; that the securities are free of any claims against the trading partner; and any claims by the custodian are subordinate to the Trustee's claims to rights to those securities; (10) the obligations purchased by the Trustee may only be sold or presented for redemption or payment by the fiscal agent bank or trust company holding the obligations upon the written instruction of the Trustee or Trustee Representative; and (11) the custodial bank shall be liable to the Trustee for any monetary loss suffered by the Trustee due to the failure of the custodial bank to take and maintain possession of such securities; (g) short-term obligations of corporations organized in the United States with assets exceeding $500,000,000 if(i) such obligations are rated at the time of purchase in one of the three highest rating categories by at least two standard rating services and which mature not later than 180 days from the date of purchase, (ii) such purchases do not exceed 10% of the corporation's outstanding obligations and (iii) no more than one- third of the Issuer's funds are invested in short-term obligations of such corporation as evidenced by a certificate from an Issuer Representative; and (h) money market mutual funds registered under the Investment Company Act of 1940 as amended invested solely in obligations listed in paragraph (a) and (b) above and in agreements to repurchase such obligations, including those for which the Trustee or an affiliate performs services for a fee, whether as a custodian, transfer agent, investment advisor or otherwise.; together with such other investments as shall from time to time be lawful for the investment of Issuer funds and shall be approved by the holders of fifty-one percent (51%) of aggregate principal amount of Bonds outstanding; provided that "Eligible Investments" shall not include a financial instrument, commonly known as a "derivative," whose performance is derived, at least in part, from the performance of any underlying asset, including, without limitation, futures, options on securities, options on futures, forward contracts, swap agreements, structured notes and participations in pools of mortgages or other assets. 7 CH12_650171.5 "Event of Bankruptcy' means the filing of a petition in bankruptcy (or other commencement of a bankruptcy or similar proceedings)by or against the Issuer, as debtor, under Bankruptcy Law. "Event of Default" means any of the events specified in Section 7.1 to be an Event of Default. "Excess Business District Sales Taxes" means (i) so long as the Business District Revenue Bonds remain outstanding, the Business District Sales Taxes remaining on deposit in the Business District Sales Tax Account on December 1 of each year after payment pursuant to Section 5.3 of the Business District Revenue Bond Indenture of debt service on the Business District Revenue Bonds, administrative expenses and a debt service reserve requirement relating to the Business District Revenue Bonds, but in no event more than the amount, together with Available Funds, necessary to fully abate the Ad Valorem Taxes for the following year and (ii) after the Business District Revenue Bonds are retired or defeased, and so long as the Bonds remain outstanding, the Business District Sales Taxes, if any, but in no event more than the amount, together with Available Funds, necessary to fully abate the Ad Valorem Taxes for the following year. "Executive"means the Mayor of the Issuer. "Funds" means the Improvement Fund, the Debt Service Fund, the Reserve Fund, the Administrative Expense Fund and the Rebate Fund, and (a) any account within each such Fund, and(b) any other Fund designated as such with respect to the Bonds. "Governmental Obligations' means (a) noncallable, non-redeemable direct obligations of the United States of America, (b) obligations the timely payment of the principal of, and interest on which, is fully and unconditionally guaranteed by the United States of America, and (c) securities or receipts evidencing ownership interests in obligations or specified portions (such as principal or interest) of obligations described in(a) or(b). "Immediate Notice" means notice transmitted by electronic means, in writing, by telecopy or other electronic means or by telephone (promptly confirmed in writing), and received by the party addressed. "Improvement Fund" means the trust fund so designated which is described in Section 4.2. "Indenture"means this Trust Indenture as amended or supplemented from time to time. "Interest Payment Date" means, (a) for the Bonds, the first day of March and September of each year beginning March 1, 2008, (b) for Bonds subject to redemption in whole or in part on any date, the date of such redemption, and (c) for all Bonds any date determined pursuant to Section 7.8. "Issuance Costs" means costs incurred by or on behalf of the Issuer including, without limitation, the following: payment of financial, legal, accounting, consultant and appraisal fees, expenses and disbursements; the Issuer's fees and expenses attributable to the issuance of the 8 CH12_650171.5 Bonds; the cost of printing, engraving and reproduction services; legal fees and expenses for Bond Counsel, Issuer's counsel, Trustee's counsel, Developer's Counsel and Underwriter's counsel relating to the issuance of the Bonds; the initial or acceptance fee of the Trustee; and all other fees, charges and expenses incurred in connection with the issuance of the Bonds and the preparation and filing or recording of this Indenture and of any document relating to the issuance of the Bonds. "Issue Date" means the date of issuance and delivery of the Bonds to the Original Purchaser. "Issuer"means the United City of Yorkville, Illinois and its successors and assigns. "Issuer Representative"means the Executive or the Attesting Officer. "Legislative Authority'means the City Council of the Issuer. "Letter of Representations"means when all the Bonds are Book Entry Bonds,the Blanket Letter of Representations previously executed by the Issuer and delivered to the Securities Depository and any amendments thereto or successor blanket agreements between the Issuer and any successor Securities Depository, relating to a system of Book Entry Bonds to be maintained by the Securities Depository with respect to any bonds, notes or other obligations issued by the Issuer. "Office of any Paying Agent"means the office of any Paying Agent designated in writing to the Trustee. "Office of the Trustee" means the designated corporate trust office or offices of the Trustee, which office or offices at the date of acceptance by the Trustee of the duties and obligations imposed on the Trustee by this Indenture are set out in Section 11.4. "Officer's Certificate of the Issuer" means a written certificate, statement, request, direction or order signed in the name of the Issuer by its Executive, Attesting Officer, an Issuer Representative, or such other person as may be designated and authorized in writing to sign for the Issuer and forwarded to the Trustee. "Original Purchaser"means William Blair&Company, L.L.C. "Outstanding," in connection with Bonds means, as of the date in question, all Bonds authenticated and delivered under this Indenture, except: (a) Bonds theretofore cancelled or delivered to the Trustee for cancellation under Section 2.11; (b) Bonds which are deemed to be no longer Outstanding in accordance with Article IX; and (c) Bonds in substitution for which other Bonds have been authenticated and delivered pursuant to Article II. 9 CH12_650171.5 "Paying Agent" or "Co-Paying Agent" means any national banking association, state bank, bank and trust company or trust company appointed by the Issuer and meeting the qualifications of, and subject to the obligations of, the Trustee in Article VIII. Initially, the Trustee shall be the Paying Agent. "Person" or " ep rson" means an individual, corporation, firm, association, partnership, limited liability company, trust, or other legal entity or group of entities, including a governmental entity or any agency or political subdivision thereof. "Rating Service"means any nationally recognized securities rating service that shall have assigned a rating that is then in effect with respect to the Bonds upon application of the Issuer. "Rebate Amount" has the meaning ascribed in Section 1.148-3(b) of the Regulations and generally means the excess as of any date of the future value of all receipts on non purpose investments over the future value of all payments on nonpurpose investments all as determined in accordance with Section 1.148-3 of the Regulations. "Rebate Fund"means the fund so designated which is described in Section 4.6. "Record Date" means, (1) in the case of Bonds which are not Book Entry Bonds the Trustee's close of business on the 15th day of the calendar month next preceding the Interest Payment Date, regardless of whether such day is a Business Day, and (2) in the case of Book Entry Bonds the Trustee's close of business on the Business Day preceding the Interest Payment Date. "Regulations" means any applicable Internal Revenue Service Regulations promulgated in proposed, temporary or final form. Proposed regulations are "applicable" only if, in the event they are adopted in final form, such regulations would apply to the Bonds. "Required Reserve"means an amount equal to $ "Reporting Period"means the period of time covered by a report of the sales taxes in the Business District. "Reserve Fund"means the trust fund so designated which is described in Section 4.4. "Responsible Officer," when used with respect to the Trustee, means any officer in the corporate trust department (or any successor thereto) of the Trustee, or any other officer or representative of the Trustee customarily performing functions similar to those performed by any of such officers and also means, with respect to a particular corporate trust matter, any other officer of the Trustee to whom such matter is referred because of that officer's knowledge of and familiarity with the particular subject. "Revenues" means (a) the Ad Valorem Taxes as and when received by the Issuer, (b) Excess Business District Sales Taxes, (c) Available Funds, and (d) investment income with respect to any moneys held by the Trustee in the Improvement Fund, the Debt Service Fund, the Reserve Fund and the Administrative Expense Fund. The term "Revenues" does not include any moneys or investments or investment income in the Rebate Fund. 10 CH12_650171.5 "Securities Depository" means a person that is registered as a clearing agency under Section 17A of the Securities Exchange Act of 1934 or whose business is confined to the performance of the functions of a clearing agency with respect to exempted securities, as defined in Section 3(a)(12) of such Act for the purposes of Section 17A thereof. "Special RedemRtion Fund" means the trust fund so designated which is described in Section 4.8. "Special Services" means the improvements benefiting the SSA consisting of engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, signalization, bicycle paths, sidewalks and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, other eligible costs of improvements to serve the SSA and reimbursement of eligible costs incurred prior to the issuance of the Bonds. "SSA" means the Issuer's Special Service Area Number 2006-113 as described in Appendix B. "State"means the State of Illinois. "Trust Estate" means all right, title and interest of the Issuer in and to (a) Revenues, (b) Funds (except for the Rebate Fund) and all money and investments therein, and (c) all other property of every name and nature from time to time hereafter by delivery or by writing mortgaged,pledged, delivered or hypothecated as and for additional security under this Indenture by the Issuer or by anyone on its behalf or with its written consent in favor of the Trustee. "Trustee" means The Bank of New York Trust Company, N.A., a national banking association and any successor trustee under this Indenture, acting in its trust capacity. Section 1.2 Rules of Interpretation. For purposes of this Indenture, except as otherwise expressly provided or the context otherwise requires: (a) The words "herein," "hereof' and "hereunder" and other similar words refer to this Indenture as a whole and not to any particular Article, Section or other subdivision. (b) The definitions in this Article are applicable whether the terms defined are used in the singular or the plural. (c) All accounting terms which are not defined in this Indenture have the meanings assigned to them in accordance with then applicable generally accepted accounting principles. (d) Any pronouns used in this Indenture include both the singular and the plural and cover both genders. 11 CH12 650171.5 (e) Any terms not defined in this Indenture but which are defined in the Bond Ordinance have the same meaning in this Indenture as are given to them in the Bond Ordinance. (f) Any terms defined elsewhere in this Indenture have the meanings attributed to them where defined. (g) Words referring to the redemption or calling for redemption of Bonds shall not be deemed to refer to the payment of Bonds at their stated maturity. (h) The captions or headings herein are for convenience only and in no way define, limit or describe the scope or intent, or control or affect the meaning or construction, of any provisions or sections hereof. (i) Any references to Section numbers are to Sections of this Indenture unless stated otherwise. ARTICLE II AUTHORIZATION,EXECUTION,AUTHENTICATION,REGISTRATION AND DELIVERY OF BONDS Section 2.1 Authorization of Bonds; Limitation. The Bonds are hereby authorized to be issued in the aggregate principal amount of$ designated "Special Service Area Number 2006-113 Ad Valorem Tax Bonds, Series 2007 (Cannonball/Beecher Road Project)." Section 2.2 Bonds Limited Obligations. The Bonds shall be limited obligations of the Issuer, payable solely from the Trust Estate. The Bonds shall constitute a valid claim of the respective owners thereof against the Trust Estate, which is pledged to secure the payment of the principal of, redemption premium, if any, and interest on the Bonds, and which shall be utilized for no other purpose, except as expressly authorized in this Indenture. The Bonds shall not constitute general obligations of the Issuer and under no circumstances shall the Bonds be payable from, nor shall the holders thereof have any rightful claim to, any income, revenues, funds or assets of the Issuer other than those pledged hereunder as security for the payment of the Bonds. Section 2.3 Details of Bonds. The Bonds shall be issued in Authorized Denominations, shall be dated the date of delivery thereof, shall be numbered from R-1 upward, and shall bear interest (calculated on the basis of a 360-day year of twelve 30-day months) payable on September 1, 2007, and thereafter on each Interest Payment Date at the rate per annum and shall mature on March 1, 2028 as follows: Amount Rate All Bonds shall bear interest (a) from the Issue Date, if authenticated prior to the first Interest Payment Date, or (b) otherwise from the Interest Payment Date that is, or that 12 CH12_650171.5 immediately precedes, the date on which such Bond is authenticated (unless payment of interest is in default, in which case such Bond shall bear interest from the date to which interest has been paid). The principal of, redemption premium, if any, and interest on the Bonds shall be payable in lawful money of the United States of America. Principal of and redemption premium, if any, on the Bonds shall be payable by the Paying Agent upon presentation and surrender of the Bonds as they become due at the corporate trust office of the Paying Agent. Interest on the Bonds shall be payable by the Paying Agent to the Bondholders of Bonds by check or draft mailed to such Bondholders at their addresses as they appear on the Bond Register on the Record Date. Principal of, redemption premium, if any, and interest payable to any person holding Bonds in aggregate principal amount of$1,000,000 or more will be paid, upon the written request of any such Bondholder in form and substance satisfactory to the Paying Agent, by wire transfer of immediately available funds to an account within the United States of America designated by such Bondholder on or before the Record Date. If any principal of, redemption premium, if any, or interest on any Bond is not paid when due (whether at maturity, by acceleration or call for redemption or otherwise), then the overdue installments of principal and, to the extent permitted by law, interest and redemption premium, if any, shall bear interest until paid at the same rate set forth in such Initial Bond. Section 2.4 Execution of Bonds. The Bonds shall be signed by the manual or facsimile signature of the Executive of the Issuer and attested by the manual or facsimile signature of the Attesting Officer of the Issuer. The Bonds shall bear the seal of the Issuer or a facsimile thereof will be affixed to or imprinted on the Bonds. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery. Section 2.5 Authentication of Bonds. The Bonds shall bear a certificate of authentication, substantially in the form set forth in Appendix A, duly executed by the Trustee. The Trustee shall authenticate each Bond with the manual signature of a Responsible Officer of the Trustee, but it shall not be necessary for the same Responsible Officer to authenticate all of the Bonds. Only such authenticated Bonds shall be entitled to any right or benefit under this Indenture. Such certificate on any Bond issued hereunder shall be conclusive evidence that the Bond has been duly issued and is secured by the provisions hereof. Section 2.6 Form of Bonds. The Bonds shall be substantially in the form set forth in Ap>endix A with such appropriate variations, legends, omissions and insertions as permitted or required by this Indenture. Section 2.7 Delivery of Bonds. The Trustee shall authenticate and deliver the Bonds when there have been filed with it the following: (a) A copy certified by the Attesting Officer of the Issuer of the Bond Ordinance authorizing (1) the execution and delivery of this Indenture, and (2) the issuance, sale, execution and delivery of the Bonds; 13 CHI2_650171.5 (b) An original executed counterpart of this Indenture; (c) An opinion or opinions of Bond Counsel, addressed to the Issuer and the Trustee, to the effect that this Indenture and the Bonds have each been validly authorized, are binding and enforceable against the Issuer, subject to bankruptcy and equitable principles, that the issuance of the Bonds has been duly authorized and that interest on the Bonds is not included in gross income for federal income tax purposes under the Code; and (d) A request and authorization of the Issuer, signed by its Executive, to the Trustee to authenticate and deliver the Bonds to such person or persons named therein upon payment for the account of the Issuer of a specified sum plus accrued interest to the date of delivery. Section 2.8 Registration of Transfer and Exchange of Bonds, Persons Treated as Bondholders. The Trustee shall act as initial bond registrar (the "Bond Registrar") and in such capacity shall maintain a bond register (the "Bond Register") for the registration and transfer of Bonds. Upon surrender of any Bonds at the Office of the Trustee, together with an assignment duly executed by the current Bondholder of such Bonds or such Bondholder's duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, such Bonds may, at the option of the Bondholder, be exchanged for an equal aggregate principal amount of Bonds of the same maturity, of Authorized Denominations and bearing interest at the same rate and in the same form as the Bonds surrendered for exchange, registered in the name or names requested by the assignee of the then Bondholder; provided the Trustee is not required to exchange or register the transfer of Bonds after the giving of notice calling such Bond for redemption, in whole or in part. The Issuer shall execute and the Trustee shall authenticate any Bonds whose execution and authentication is necessary to provide for exchange of Bonds pursuant to this Section and the Issuer may rely on a representation from the Trustee that such execution is required. Any exchange or registration of transfer of Bonds shall be at the expense of the Issuer except that the Trustee may make a charge to any Bondholder requesting such exchange or registration in the amount of any tax or other governmental charge required to be paid with respect thereto but will not impose any other charge. Prior to due presentment for registration of transfer of any Bond, the Trustee shall treat the Person shown on the Bond Register as owning a Bond as the Bondholder and the Person exclusively entitled to payment of principal thereof, redemption premium, if any, and interest thereon and, except as otherwise expressly provided herein, the exercise of all other rights and powers of the owner thereof, and neither the Issuer, the Trustee nor any agent of the Issuer or the Trustee shall be affected by notice to the contrary. Section 2.9 TgmporarBonds. Prior to the preparation of definitive Bonds, the Issuer may issue temporary Bonds in registered form and in such denominations as the Issuer may determine but otherwise in substantially the form provided for definitive Bonds with appropriate variations, omissions and insertions. The Issuer shall promptly prepare, execute and deliver to the Trustee before the first Interest Payment Date for such Bonds, definitive Bonds and, upon 14 CH12_650171.5 presentation and surrender of Bonds in temporary form,the Trustee shall authenticate and deliver in exchange therefor definitive Bonds the same maturity for the same aggregate principal amount. Until exchanged for definitive Bonds, Bonds in temporary form shall be entitled to the lien and benefit of this Indenture. Section 2.10 Mutilated Lost or Destroyed Bonds. If any Bond has been mutilated, lost or destroyed, the Issuer shall execute, and the Trustee shall authenticate and deliver to the Bondholder, a new Bond of like date and tenor in exchange and substitution for, and upon cancellation of, such mutilated Bond or in lieu of and in substitution for such lost or destroyed Bond but only if the Bondholder has paid the reasonable expenses and charges of the Issuer and the Trustee in connection therewith and, in the case of a lost or destroyed Bond, (a) filed with the Trustee evidence satisfactory to the Trustee that such Bond was lost or destroyed and (b) furnished to the Trustee and the Issuer indemnity satisfactory to each. If any such Bond has matured or been called for redemption and is payable, instead of issuing a new Bond the Trustee may pay the same without issuing a replacement Bond. If, after the delivery of such replacement Bond, the original Bond in lieu of which such replacement Bond was issued is presented for payment or registration, the Trustee shall seek to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom and shall be entitled to recover from the security or indemnity provided there for to the extent of any loss, damage, cost or expense incurred by the Trustee or the Issuer in connection therewith. Section 2.11 Cancellation and Disposition of Bonds. The Issuer may deliver Bonds to the Trustee for cancellation at any time and for any reason and the Trustee is hereby authorized to cancel such Bonds. All Bonds that have been paid (whether at maturity or by acceleration, upon redemption or pursuant to Section 3.10) or delivered to the Trustee for cancellation shall not be reissued. Unless otherwise directed by the Issuer, the Trustee shall treat such Bonds in accordance with its document retention policies or as may be directed by state law. Section 2.12 Securities Depository Provisions. All Bonds shall be Book Entry Bonds. All Book Entry Bonds shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). The Issuer and the Trustee acknowledge that they have executed and delivered a Letter of Representations to DTC. All payments of principal of, redemption premium, if any, and interest on the Book Entry Bonds and all notices with respect thereto, including notices of full or partial redemption, shall be made and given at the times and in the manner set out in the Letter of Representations. The terms and provisions of the Letter of Representations shall govern in the event of any inconsistency between the provisions of this Indenture and the Letter of Representations. The Letter of Representations may be amended without Bondholder consent. The book-entry registration system for all of the Book Entry Bonds may be terminated and certificates delivered to and registered in the name of the Beneficial Owners, under either of the following circumstances: (a) DTC notifies the Issuer and the Trustee that it is no longer willing or able to act as Securities Depository for the Book Entry Bonds and a successor Securities 15 CH12_650171.5 Depository for the Book Entry Bonds is not appointed by the Issuer at the direction of the Issuer prior to the effective date of such discontinuation; or (b) The Issuer determines that continuation of the book-entry system through DTC (or a successor securities depository) is not in the best interest of the Owners of the Book Entry Bonds. In the event a successor Securities Depository is appointed by the Issuer, the Book Entry Bonds will be registered in the name of such successor Securities Depository or its nominee. In the event certificates are required to be issued to Beneficial Owners, the Trustee and the Issuer shall be fully protected in relying upon a certificate of DTC or any DTC participant as to the identity of and the principal amount of Book Entry Bonds held by such Beneficial Owners. The Beneficial Owners of Bonds will not receive physical delivery of certificates except as provided herein. For so long as there is a Securities Depository for Bonds, all of such Bonds shall be registered in the name of the nominee of the Securities Depository, all transfers of beneficial ownership interests in such Bonds will be made in accordance with the rules of the Securities Depository, and no investor or other party purchasing, selling or otherwise transferring beneficial ownership of such Bonds is to receive, hold or deliver any certificate. The Issuer and the Trustee shall have no responsibility or liability for transfers of beneficial ownership interests in such Bonds. The Issuer and the Trustee will recognize the Securities Depository or its nominee as the Bondholder of Book Entry Bonds for all purposes, including receipt of payments, notices and voting; provided the Trustee may recognize votes by or on behalf of Beneficial Owners as if such votes were made by Bondholders of a related portion of the Bonds when such votes are received incompliance with an omnibus proxy of the Securities Depository or otherwise pursuant to the rules of the Securities Depository or the provisions of the Letter of Representations or other comparable evidence delivered to the Trustee by the Bondholders or as provided in Sections 8.10 and 11.11 of this Indenture. With respect to Book Entry Bonds, the Issuer and the Trustee shall be entitled to treat the Person in whose name such Bond is registered as the absolute owner of such Bond for all purposes of this Indenture, and neither the Issuer nor the Trustee shall have any responsibility or obligation to any Beneficial Owner of such Book Entry Bond. Without limiting the immediately preceding sentence, neither the Issuer nor the Trustee shall have any responsibility or obligation with respect to (a) the accuracy of the records of any Securities Depository or any other Person with respect to any ownership interest in Book Entry Bonds, (b)the delivery to any Person, other than a Bondholder, of any notice with respect to Book Entry Bonds, including any notice of redemption or refunding, (c) the selection of the particular Bonds or portions thereof to be redeemed or refunded in the event of a partial redemption or refunding of part of the Bonds Outstanding or (d) the payment to any Person, other than a Bondholder, of any amount with respect to the principal of, redemption premium, if any, or interest on Book Entry Bonds. 16 CH 12_650171.5 ARTICLE III REDEMPTION OF BONDS Section 3.1 Redemption Dates and Prices. The Bonds may not be called for redemption by the Issuer except as provided in this Article III. Section 3.2 Mandatory Sinking Fund Redemption of Bonds. The Trustee shall redeem Bonds on March 1 in the years and in the principal amounts and at a price of 100% of the principal amount of the Bonds to be redeemed plus interest accrued to the redemption date, as follows: Year Maturity Amount Year Maturity Amount When such Bonds have been redeemed as set out above, the balance of$ will mature on March 1, ,unless otherwise previously retired. On or before the thirtieth (30th) day prior to each such sinking fund redemption date, the Trustee shall proceed to call the principal amount of the Bonds indicated above for redemption on the next March 1, and give notice of such call. At its option,to be exercised by delivery of an Officer's Certificate of the Issuer to the Trustee not more than 360 days nor less than 65 days preceding the applicable sinking fund redemption date, the Issuer may(a) deliver to the Trustee for cancellation, Bonds of the applicable maturity date subject to redemption pursuant to the terms of the mandatory sinking fund provided in this Section in an aggregate principal amount desired or(b)receive credit in respect of its sinking fund redemption obligation for any Bonds of the applicable maturity date subject to redemption pursuant to the terms of the mandatory sinking fund provided in this Section, which prior to said date have been canceled (otherwise than through the operation of the sinking fund redemption schedule) by the Trustee and not theretofore applied as a credit against such sinking fund redemption obligation. Each Initial Bond of the applicable maturity date so delivered or previously redeemed shall be credited by the Trustee at the principal amount thereof against the obligation of the Issuer on such sinking fund redemption date, and the principal amount of Bonds to be redeemed by operation of such sinking fund redemption schedule on such date shall be accordingly reduced; and any excess over the principal amount of Bonds to be redeemed by operation of the sinking fund redemption schedule on any sinking fund redemption date shall be credited as specified in a certificate of the Issuer or, in the absence of such certificate against the next scheduled sinking fund redemption. Section 3.3 Optional Redemption of Bonds. The Bonds are subject to redemption by the Issuer on or after March 1, 2017, in whole or in part at any time from any moneys that may be available for such purpose, upon payment of the following redemption prices (expressed as a percentage of principal amount of Bonds to be redeemed)plus interest accrued to the redemption date: 17 CH12 650171.5 102%if redeemed on March 1, 2017 and thereafter through February 28, 2018; 101%if redeemed on March 1, 2018 and thereafter through February 28, 2019; and 100%if redeemed on March 1, 2019 and thereafter prior to maturity. Section 3.4 Special Mandatory Redemption from Surplus Bond Proceeds. To the extent that moneys are transferred from the Improvement Fund to the Debt Service Fund pursuant to Section 4.2(c) for purposes of redeeming the Bonds, the Bonds are subject to special mandatory redemption in part in Authorized Denominations on the next scheduled Interest Payment Date at a redemption price equal to 100% of the aggregate principal amount of the Bonds to be redeemed plus accrued interest to the redemption date. Section 3.5 Selection of Bonds for Redemption. If less than all of the Bonds are called for redemption pursuant to Sections 3.3 or 3.4, they shall be redeemed in inverse order of maturity and in inverse order of sinking fund installments within any maturity (provided, however, that if an Event of Default has occurred and is continuing any Bonds called for redemption shall be redeemed in proportion by maturity and within maturities in inverse order of sinking fund installments), subject to selection by the Trustee as provided below. The portion of any Bond to be redeemed shall be an Authorized Denomination or any multiple thereof and in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by the minimum Authorized Denomination. If a portion of a Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof shall be issued to the Bondholder upon the surrender thereof. If for any reason the principal amount of Bonds called for redemption would result in a redemption of Bonds less than the Authorized Denomination, the Trustee, to the extent possible within the principal amount of Bonds to be redeemed, is hereby authorized to adjust the selection of Bonds for such purpose in order to minimize any such redemption. Notwithstanding the foregoing, the Securities Depository for Book Entry Bonds shall select the Bonds for redemption within particular maturities according to its stated procedures. Section 3.6 Notice of Redemption. (a) When Bonds (or portions thereof) are to be redeemed pursuant to Section 3.3 the Issuer shall give or cause to be given notice of the redemption of the Bonds to the Trustee no later than forty-five (45) days prior to the redemption date or such shorter time as may be acceptable to the Trustee. The notice may state (1) that it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the date that is five (5) Business Days prior to the redemption date or (2) that the Issuer retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a"Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described in subsection (d) of this Section. The Trustee, at the expense of the Issuer, shall send notice of any redemption, identifying the Bonds or portions thereof to be redeemed, the redemption date and the method and place of payment and the information required by subsection (b) of this Section, by first class mail to each holder of a Bond called for redemption to the holder's address listed on the Bond Register. Such notice shall be sent by the Trustee by first class mail between twenty (20) and sixty (60) days prior to the scheduled redemption date. With respect to Book Entry Bonds, if the Trustee sends notice of redemption to the Securities Depository pursuant to the 18 CH12_650171.5 Letter of Representations, the Trustee shall not be required to give the notice set forth in the immediately preceding sentence. If notice is given as stated in this paragraph (a), failure of any Bondholder to receive such notice, or any defect in the notice, shall not affect the redemption or the validity of the proceedings for the redemption of the Bonds. (b) In addition to the foregoing, the redemption notice shall contain with respect to each Bond being redeemed, (1) the CUSIP number, (2) the date of issue, (3) the interest rate, (4) the maturity date, and (5) any other descriptive information determined by the Trustee to be needed to identify the Bonds. If a redemption is a Conditional Redemption, the notice shall so state. The Trustee shall also send each notice of redemption at least thirty (30) days before the redemption date to (A) any Rating Service then rating the Bonds to be redeemed; (B) all of the registered clearing agencies known to the Trustee to be in the business of holding substantial amounts of bonds of a type similar to the Bonds; and (C) one or more national information services that disseminate notices of redemption of bonds such as the Bonds such services to be identified by the Trustee. Each redemption notice shall also be sent to participants of the Securities Depository and to Beneficial Owners as provided in Section 8.10. (c) On or before the date fixed for redemption, subject to the provisions of subsections (a) and (d) of this Section, moneys shall be deposited with the Trustee to pay the principal of, redemption premium, if any, and interest accrued to the redemption date on the Bonds called for redemption. Upon the deposit of such moneys, unless the Issuer has given notice of rescission as described in subsection (d) of this Section, the Bonds shall cease to bear interest on the redemption date and shall no longer be entitled to the benefits of this Indenture (other than for payment and transfer and exchange) and shall no longer be considered Outstanding. (d) Any Conditional Redemption may be rescinded in whole or in part at any time prior to the fifth Business Day prior to the redemption date if the Issuer delivers an Officer's Certificate to the Trustee instructing the Trustee to rescind the redemption notice. The Trustee shall give prompt notice of such rescission to the affected Bondholders. Any Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a Conditional Redemption, the failure of the Issuer to make funds available in part or in whole on or before the redemption date shall not constitute an Event of Default, and the Trustee shall give Immediate Notice to the Securities Depository or the affected Bondholders that the redemption did not occur and that the Bonds called for redemption and not so paid remain Outstanding. Section 3.7 Purchase at Any Time. The Trustee,upon the written request of the Issuer shall purchase Bonds as specified by the Issuer in the open market at a price not exceeding a price set by the Issuer. Such purchase of Bonds shall be made with funds provided by the Issuer and not with any portion of the Trust Estate or any Defeasance Obligations. Upon purchase by the Trustee, such Bonds shall be treated as delivered for cancellation pursuant to Section 2.11. Nothing in this Indenture shall prevent the Issuer from purchasing Bonds on the open market without the involvement of the Trustee and delivering such Bonds to the Trustee for cancellation pursuant to Section 2.11. Bonds purchased pursuant to this Section which are subject to the mandatory sinking fund redemption schedule in Section 3.2 shall be credited against future mandatory sinking fund redemption payments in accordance with Section 3.2. The principal 19 CH12 650171.5 amount of Bonds to be redeemed by optional redemption under this Indenture may be reduced by the principal amount of Bonds purchased by the Issuer and delivered to the Trustee for cancellation at least forty-five(45) days prior to the redemption date. ARTICLE IV FUNDS AND ACCOUNTS Section 4.1 Creation of Funds; Deposit of Bond Proceeds. The following funds are hereby created and the proceeds of the Bonds and all Revenues received by the Trustee are, subject to the provisions of Section 7.8, to be deposited by it in the Funds described herein and held in trust for the purposes set forth herein: (a) Improvement Fund, consisting of a Project Account and an Issuance Expense Account. (b) Debt Service Fund, including a Capitalized Interest Account. (c) Reserve Fund. (d) Rebate Fund. (e) Administrative Expense Fund. (f) Special Redemption Fund. The proceeds of the sale of the Bonds shall, on the Issue Date, be delivered to the Trustee who shall forthwith deposit $ of such proceeds in the Issuance Expense Account, $ of such proceeds representing capitalized interest in the Capitalized Interest Account of the Debt Service Fund, an amount equal to the Required Reserve in the Reserve Fund, $ of such proceeds in the Administrative Expense Fund, and the balance of such proceeds in the Project Account. Section 4.2 Improvement Fund. Payments from the Improvement Fund, shall be made by the Trustee as follows: (a) Payments from the Improvement Fund shall be made within three (3) Business Days only upon receipt by the Trustee of a requisition executed by the Issuer in the form of Request for Payment set forth in Appendix C. (b) Upon the later of six months from the Issue Date or the payment of all Issuance Costs (as evidenced by a certificate of Issuer delivered to the Trustee), any moneys remaining in the Issuance Expense Account shall be transferred to the Project Account. (c) Upon completion of the Special Services (as evidenced by a certificate of the Issuer delivered to the Trustee), any moneys remaining in the Improvement Fund shall be transferred to the Debt Service Fund to redeem Bonds pursuant to Section 3.4, 20 CH 12_650171.5 unless the Issuer directs that such moneys be deposited into the Reserve Fund, or applied to any other use, accompanied in either case by an opinion of Bond Counsel to the effect that such application will not adversely affect any applicable exemption from federal income taxation of the interest on the Bonds. (d) Notwithstanding anything to the contrary herein, to the extent an Event of Default described in clause(a) or(b) of Section 7.1 shall have occurred and be continuing and no other moneys are available under this Indenture to cure such Event of Default, no moneys on deposit in the Improvement Fund shall be applied in accordance with Section 4.2(c). In such event, moneys on deposit in the Improvement Fund shall be applied by the Trustee in accordance with Article VII. Section 4.3 Debt Service Fund. (a) The Trustee shall deposit into the Debt Service Fund (1) all Revenues, (2) all Available Funds, and(3) all other amounts required or permitted hereunder to be deposited in the Debt Service Fund. (b) Moneys on deposit in the Debt Service Fund shall be set aside and applied on each Accounting Date as follows in the following order of priority: (i) To the payment, when due on the next two succeeding Interest Payment Dates of interest, on all Outstanding Bonds, including any accrued interest due in connection with redemptions of Bonds; (ii) To the payment, when due on the next succeeding March 1, of the principal of or redemption premium on the Bonds then payable at maturity or upon redemption; (iii) To the payments of any deficiencies in the Reserve Fund in accordance with the requirements of Section 4.4, including for reimbursement to the provider of any credit facility deposited in the Reserve Fund pursuant to Section 4.4(d); (iv) To the Administrative Expense Fund, an amount equal to the difference, if any,between the Administrative Expense Fund Requirement and the amount then on deposit in the Administrative Expense Fund; (v) To the abatement of Ad Valorem Taxes pursuant to Section 6.5 of this Indenture; and (vi) To the Special Redemption Fund, any surplus remaining on March 2 of each year after application to the uses set forth in(i)-(v) above. (c) Moneys on deposit in the Debt Service Fund shall at all times be invested at a yield equal to or less than the yield on the Bonds or in obligations issued by any state or political subdivision the interest on which is exempt from inclusion in gross income of the holder under Section 103 of the Code, provided that such obligations are rated in one of the two highest 21 CH12 650171.5 general classifications established by a rating service of nationally recognized expertise in rating bonds of states and their political subdivisions. Section 4.4 Reserve Fund. (a) The Trustee initially shall deposit in the Reserve Fund an amount equal to the Required Reserve on the Bonds from the proceeds of the Bonds. The amount of any withdrawal for the purpose of subsections (b)(i) of this Section shall be restored by the Issuer from available Revenues in the Debt Service Fund after satisfying the requirements of Section 4.3(b)(i) through (iii). In addition, if the fair market value of the investments in the Reserve Fund is less than the Required Reserve on any valuation date in accordance with Section 5.3, the difference between such Required Reserve and the value of the Reserve Fund shall be restored by the Issuer but solely from the first available surplus Revenues in the Debt Service Fund. (b) Moneys on deposit in the Reserve Fund shall be applied as follows: (i) On the date of each required payment from the Debt Service Fund, moneys in the Reserve Fund shall be applied to cure any deficiency in the Debt Service Fund with respect to payments of principal of and interest on the Bonds when due and payable; (ii) Upon delivery of an Officer's Certificate of the Issuer delivered to the Trustee, any amount in the Reserve Fund in excess of the Required Reserve on any valuation date shall be transferred to the Debt Service Fund. (c) The Issuer shall be permitted to substitute a letter of credit, surety bond or other credit enhancement (each, a"credit facility") for funds on deposit in the Reserve Fund, provided that: (i) the credit facility (including any replacement credit facility) is issued by a bank, trust company, national banking association or insurance company whose unsecured long term debt obligations (in the case of a bank, trust company or national banking association) or whose claims paying abilities (in the case of an insurance company) are rated by a Rating Service, at the time the credit facility is issued and at the time of each extension or renewal thereof, in one of the two highest rating categories maintained by such Rating Service at the time of substitution; (ii) the issuer of the credit facility does not receive as security for any reimbursement obligation in respect of the credit facility any lien, security interest or other similar right or interest in any property within the Trust Estate which is superior to the rights of the Trustee in respect of such property; (iii) the credit facility (including any replacement credit facility, if provided by a different issuer) has an initial term of not less than three (3) years and any extension, renewal or replacement (if provided by the same issuer) thereof has a term of not less than one year; 22 CH12_650171.5 (iv) the Trustee is authorized and has the duty and right to draw on the credit facility to satisfy the purposes for which the Reserve Fund was established; and (v) The Trustee shall receive an opinion of Counsel to the effect that all of the requirements set forth above have been satisfied and an opinion of Bond Counsel to the effect that the substitution of the credit facility will not, in and of itself, adversely affect the tax-exempt status of the Bonds. Upon such substitution, funds on deposit in the Reserve Fund which, when added to the face amount of the credit facility, exceed the Required Reserve on all Outstanding Bonds shall be applied as provided in subsection (b)(ii) above. Thereafter, the credit facility shall be considered a part of the Reserve Fund and the amount available thereunder shall be included in any calculation of the amount required to be retained in the Reserve Fund; provided that, (A) if the sum of the amount available under the credit facility and the amount of moneys on deposit in the Reserve Fund exceeds the amount required to be on deposit pursuant to subsection(a) of this Section, the Issuer shall be permitted to (i) cause the amount available under the credit facility to be reduced by an amount equal to such excess, or (ii) direct that the excess moneys be applied as permitted under subsection (b)(ii) of this Section, and (B) if the credit facility is not extended, renewed or replaced at least three (3) months prior to its scheduled expiration or termination date, the Trustee shall, not later than five days prior to such date, draw on the credit facility for the full amount thereof. (d) If there are cash and Eligible Investments on deposit in the Reserve Fund in addition to a credit facility, such cash and Eligible Investments will be drawn on prior to any draws on such credit facility. Section 4.5 Revenues to Be Held for All Bondholders With Certain Exceptions. Until applied as herein provided and except where moneys have been deposited with or paid to the Trustee pursuant to an instrument restricting the application of such moneys to particular Bonds, the moneys and investments held in all Funds (other than amounts required to be on deposit in the Rebate Fund) established hereunder and the proceeds of any remedies exercised under Article VII hereof shall be held in trust pursuant to the terms of this Indenture for the equal and proportionate benefit of the holders of all Outstanding Bonds, except that: (a) on and after the date on which the interest or redemption premium on or principal of any particular Bond or Bonds is due and payable from the Debt Service Fund or, with respect to which a call for redemption has been given and funds for such redemption have been deposited with the Trustee and, if a Conditional Redemption, the rescission date has passed, the unexpended balance of the amount deposited or reserved in the Debt Service Fund for the making of such payments shall,to the extent necessary therefor, be held solely for the benefit of the Bondholder or Bondholders entitled thereto; and (b) any special redemption fund established in connection with the defeasance of any Bonds in accordance with Article IX shall be held for the benefit of the holders of Bonds being defeased. 23 CH12 650171.5 Section 4.6 Rebate Fund. The Issuer has covenanted to calculate and pay directly to the government of the United States of America all amounts due for payment of "arbitrage rebate"under Section 148(f) of the Code with respect to the Bonds. Accordingly, no amounts are expected to be deposited in the Rebate Fund. The Issuer may deposit with the Trustee or direct the Trustee to deposit in the Rebate Fund amounts held in any Fund hereunder for any or all Bonds (which direction shall specify the procedures for collection and payment of amounts due in respect of arbitrage rebate) if(a) required under to Section 148(f) of the Code, or(b) the Issuer determines that the funding of the Rebate Fund prior to the due date of any payment to the United States of America is desirable and appropriate. The Rebate Fund is a trust fund, but amounts therein do not constitute part of the Trust Estate. Amounts on deposit in the Rebate Fund may be used solely to make payments to the United States of America under Section 148 of the Code and to pay costs related to the calculation of the amounts due. Upon satisfaction of the Issuer's covenants described above, any amounts remaining in the Rebate Fund shall be applied in accordance with Section 4.8. Section 4.7 Administrative Expense Fund. The Administrative Expense Fund shall be used to pay Administrative Expenses. Moneys on deposit in the Administrative Expense Fund shall be applied to the payment of any Administrative Expenses requested by the Issuer to be paid. All amounts in the Administrative Expense Fund in excess of the Administrative Expense Fund Requirement shall be transferred to, and deposited in, the Debt Service Fund. Section 4.8 Special Redemption Fund. (a) When the amount on deposit in the Special Redemption Fund on any date equals $5,000, such amount shall be used to redeem the Bonds on any date in accordance with Section 3.3. On each such date, the Trustee shall withdraw from the Special Redemption Fund and pay to the owners of the Bonds the amounts to redeem the Bonds pursuant to Section 3.3. (b) Any amounts contained in the Special Redemption Fund on the final maturity date of the Bonds shall be used to pay outstanding debt service on the Bonds. (c) Moneys on deposit in the Special Redemption Fund shall be invested at a yield equal to or less than the yield on the Bonds or in obligations the interest on which is exempt from inclusion in the gross income of the holder under Section 103 of the Code to the extent such moneys are on deposit or are expected to be on deposit in the Special Redemption Fund for greater than thirteen(13)months. Section 4.9 Repayment to the Issuer from Amounts Remaining in Any Funds. Any amounts remaining in any Funds (a) after all of the Outstanding Bonds shall be deemed paid and discharged under the provisions of this Indenture, and (b) after payment of all fees, charges and expenses of the Trustee, the Bond Registrar and any Paying Agents and of all other amounts required to be paid under this Indenture, shall be paid to the Issuer to the extent that such amounts are in excess of those necessary to effect the payment and discharge of the Outstanding Bonds and payment of the Rebate Amount,if any. Section 4.10 Additional Funds and Accounts. In addition to the funds and accounts specifically authorized under this Article, the Trustee shall have the authority to create and 24 CH12_650171.5 maintain such other funds and accounts as it may deem necessary for proper administration hereunder. ARTICLE V INVESTMENT OR DEPOSIT OF FUNDS Section 5.1 Deposits and Security Therefor. All moneys received by the Trustee under this Indenture for deposit in any Fund established hereunder shall be considered trust funds. All moneys on deposit with the Trustee shall, to the extent not insured, be secured in the manner required or permitted by State or other applicable law. Subject to the foregoing requirements as to security, if at any time the commercial department of the Trustee is unwilling to accept such deposits or unable to secure them as provided above,the Trustee may deposit such moneys with any other depository which is authorized to receive and secure them as aforesaid and the deposits of which are insured by the Federal Deposit Insurance Corporation. All security for deposits shall be perfected in such manner as may be required or permitted under applicable law in order to grant to the Trustee a perfected lien on or security interest in such security. Section 5.2 Investment or Deposit of Funds. Moneys on deposit in the Funds established pursuant to Article IV shall be invested and reinvested by the Trustee as follows: (a) All moneys on deposit in Funds shall be invested in Eligible Investments which shall mature, or be subject to repurchase, withdrawal without penalty or redemption at the option of the holder on or before the dates on which the amounts invested are reasonably expected to be needed for the purposes hereof. (b) All purchases or sales of Eligible Investments shall be made at the direction of the Issuer (given in writing or orally, confirmed in writing). If the Issuer elects to give the Trustee oral investment instructions and the Trustee in its discretion elects to act upon such oral investment instructions, the Trustee's understanding of such oral investment instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such oral investment instructions notwithstanding such oral investment instructions conflict or are inconsistent with a subsequent written investment instruction. The Trustee may conclusively rely upon such instructions as to both the suitability and legality of the directed investments. The Trustee may make any and all such investments and such investments through its own investment department or that of its affiliates or subsidiaries, and may charge its ordinary and customary fees for such trades, including cash sweep account fees. (c) (1) Any securities or investments held by the Trustee may be transferred by the Trustee, if required in writing by the Issuer, from any of the Funds or accounts mentioned in Article IV to any other Fund or account mentioned in Article IV at the then current market value thereof without having to be sold and purchased or repurchased; provided, however, that after any such transfer or transfers, the investments in each such Fund or account shall be in accordance with the provisions as stated in this Indenture; and (2) whenever any other transfer or payment is required to be made from any particular 25 CH12 650171.5 Fund, such transfer or payment shall be made from such combination of maturing principal, redemption premiums, liquidation proceeds and withdrawals of principal as the Trustee deems appropriate for such purpose. (d) Neither the Issuer nor the Trustee shall be accountable for any depreciation in the value of Eligible Investments or for any losses incurred upon any authorized disposition thereof. (e) Subject to the foregoing, the Trustee is expressly authorized to invest moneys in two or more Funds in a single investment, provided that a portion of the investment allocable to each such Fund, and all payments received with respect to such allocable portion, shall be applied in accordance with the applicable provisions governing such Fund hereunder. (f) Prior to the completion of the Special Services, investment income on amounts on deposit in the Reserve Fund, the Debt Service Fund and the Administrative Expense Fund shall be transferred to the Improvement Fund to the extent that no deficiency will exist in the Reserve Fund or the Debt Service Fund after such transfer or shall be applied to such other purpose or purposes as directed by the Issuer with an opinion of Bond Counsel addressed to the Trustee to the effect that such application will not cause interest on the Bonds to be includable in gross income for federal income tax purposes. After completion of the Special Services, investment income on amounts on deposit in the Reserve Fund shall be transferred to the Debt Service Fund to the extent that no deficiency will exist in the Reserve Fund after such transfer. In all other situations, earnings from investment shall remain in the respective Fund where earned. (g) Although the Issuer recognizes that it may obtain a broker confirmation or written statement containing comparable information at no additional cost, the Issuer hereby agrees that confirmations of permitted investments are not required to be issued by the Trustee for each month in which a monthly statement is rendered. No statement need be rendered for any fund or account if no activity occurred in such fund or account during such month. Section 5.3 Valuation of Funds. The Trustee shall determine the market value of the assets in each of the Funds established hereunder annually on a date not earlier than three days prior to December — of each year. As soon as practicable after each such valuation date, the Trustee shall furnish to the Issuer a report of the status of each Fund as of such date. The Trustee shall also advise the Issuer at such time of the amount then available in the Debt Service Fund as a credit against the Issuer's obligation to levy and collect the Ad Valorem Taxes for deposit to the Debt Service Fund prior to the next valuation date. In computing the value of assets in any Fund, investments shall be valued at the fair market value thereof and shall include accrued but unpaid interest on each investment, and all investments (valued as aforesaid) and accrued interest thereon shall be deemed a part of such Funds. All Eligible Investments that mature within six (6) months of any valuation date or are payable on demand shall be valued at par plus any accrued and unpaid interest. Upon the request of the Issuer, the Trustee shall also provide the Issuer with monthly or other periodic statements showing amounts deposited into and withdrawn from each 26 CH 12_650171.5 Fund, the investments made with amounts in each Fund and the investment income received from such investments. ARTICLE VI COVENANTS AND AGREEMENTS OF THE ISSUER Section 6.1 Covenants and Agreements of the Issuer. In addition to any other covenants and agreements of the Issuer contained in this Indenture or the Bond Ordinance, the Issuer further covenants and agrees with the Bondholders and the Trustee as follows: (a) To take all actions, if any which shall be necessary, in order further to provide for the levy, extension, collection and application of the Ad Valorem Tax including enforcement of the Ad Valorem Tax by institution of foreclosure proceedings as provided by law; (b) To not take any action which would adversely affect the levy, extension, collection and application of the Ad Valorem Tax levied pursuant to the Bond Ordinance and Indenture, except to abate the Ad Valorem Tax to the extent permitted by the Indenture; (c) To comply with all requirements of the Act, the Bond Ordinance and other applicable present and future laws concerning the levy extension and collection of the Ad Valorem Tax levied pursuant to the Bond Ordinance and Indenture, in each case so that the Issuer shall be able to pay the principal of and interest on the Bonds as they come due and replenish the Reserve Fund to the Required Reserve and it will take all actions necessary to assure the timely collection of the Ad Valorem Tax, including without limitation, the enforcement of any delinquent Ad Valorem Tax by providing Kendall County with such information as is deemed necessary to enable the County to include any property subject to delinquent Ad Valorem Tax in the County Collector's annual tax sale and in the event the tax lien is forfeited at such tax sale, by the commencement and maintenance of an action to foreclose the lien of any delinquent Ad Valorem Tax, all in the manner provided by law; (d) To not encumber, pledge or place any charge or lien upon any of the Ad Valorem Tax or other amounts pledged to the Bonds superior to, or on a parity with, or junior to, the pledge and lien created in the Indenture for the benefit of the Bonds, except as permitted by, or specifically set forth in,the Indenture; (e) To take all actions which are necessary to be taken (and avoid any actions which it is necessary to avoid being taken) so that interest on the Bonds will not be or become included in gross income for federal income tax purposes under existing law; (f) To keep, or cause the Trustee to keep, proper books of record and accounts, separate from all other records and accounts of the Issuer, in which complete and correct entries will be made of all transactions relating to the deposits to and expenditure of amounts disbursed from the Funds and Accounts created under the Indenture and the Ad Valorem Tax; 27 CH 12_650171.5 (g) To take all actions which are necessary to be taken to enforce the Issuer's rights under the Development Agreement; (h) To make the Bond Register available at reasonable times and under reasonable regulations established by the Bond Registrar, to be inspected and copied by or delivered to the Issuer, the Trustee, the holders of 25% or more in principal amount of the Bonds then Outstanding, or a designated representative thereof; (i) To furnish to the Trustee, the Original Purchaser and the Beneficial Owner of $500,000 or more in Bonds who so requests, within ten (10) days of receipt by the Issuer, a copy of each annual audit of the Issuer, the schedule of tenants and lease expiration dates for each tenant's lease provided to the Issuer by the Developer, any publicly available information received from the Illinois Department of Revenue of the Business District Sales Taxes, and any abatement ordinance adopted by the Corporate Authorities abating any of the Ad Valorem Taxes; and 0) To provide or cause the Trustee to provide to the Original Purchaser and to the Beneficial Owner of$500,000 or more in Bonds who so requests, copies of any reports (including quarterly construction progress reports) or disclosure which the Developer provides to the Issuer or the Trustee pursuant to the terms of the Development Agreement. Section 6.2 Observance and Performance of Covenants, Agreements, Authority and Actions. The Issuer hereby agrees to observe and perform at all times all covenants, agreements, authority, actions, undertakings, stipulations and provisions to be observed or performed on its part under this Indenture, the Bond Ordinance and the Bonds which are executed, authenticated and delivered under this Indenture, and under all proceedings of its Legislative Authority pertaining thereto. The Issuer represents and warrants that: (a) It is duly authorized by the Constitution and laws of the State, including particularly and without limitation the Act, to issue the Bonds, to execute and deliver this Indenture and to provide the security for payment of the principal of, redemption premium, if any, and interest on the Bonds in the manner and to the extent set forth in this Indenture. (b) All actions required on its part to be performed for the issuance, sale and delivery of the Bonds and for the execution and delivery of this Indenture have been or will be taken duly and effectively; provided no representation is made as to compliance with any state securities or"Blue Sky?'laws. (c) The Bonds will be valid and enforceable limited obligations of the Issuer according to their terms, subject to bankruptcy and equitable principles. Section 6.3 Tax Covenants. 28 CH12_650171.5 (a) The Issuer covenants that it will neither make nor direct the Trustee to make any investment or other use of the proceeds of the Bonds that would cause such Bonds to be "arbitrage bonds" as that term is defined in Section 148(a) of the Code, and that it will comply with the requirements of the Code throughout the term of such Bonds. The Trustee covenants that in those instances where it exercises discretion over the investment of funds, it shall not knowingly make any investment inconsistent with the foregoing covenants. (b) The Issuer covenants that it (i)will take, or use its best efforts to require to be taken, all actions that may be required of the Issuer for the interest on the Bonds to be and remain not included in gross income for federal income tax purposes and (ii)will not take or authorize to be taken any actions within its control that would adversely affect that status under the provisions of the Code. (c) The Issuer further covenants as follows with respect to the requirements of Section 148(f) of the Code, relating to the rebate of "excess arbitrage profits" (the "Rebate Requirement")to the United States: (i) Unless an applicable exception to the Rebate Requirement is available to the Issuer,the Issuer will meet the Rebate Requirement. (ii) Relating to applicable exceptions, the Issuer shall make such elections under the Code as it shall deem reasonable and in the best interests of the Issuer. If such election may result in a"penalty in lieu of rebate" as provided in the Code, and such penalty is incurred (the"Penalt '), then the Issuer shall pay such Penalty. (iii) The Issuer shall, not less frequently than annually, cause to be transferred to the Rebate Fund the amount determined to be the accrued liability under the Rebate Requirement or Penalty. The Issuer shall cause to be paid to the United States, without further order or direction from the Legislative Authority, from time to time as required, amounts sufficient to meet the Rebate Requirement or to pay the Penalty. (iv) Interest earnings in the Debt Service Fund and the Reserve Fund are hereby authorized to be transferred,without further order or direction from the Legislative Authority, from time to time as required, to the Rebate Fund for the purposes herein provided; and proceeds of the Bonds, investment earnings or amounts on deposit in any of the other funds and accounts created hereunder and any other funds of the Issuer are also hereby authorized to be used to meet the Rebate Requirement or to pay the Penalty, but only if necessary after application of investment earnings as aforesaid and only as appropriated by the Legislative Authority. Section 6.4 Limited Obligations. The Bonds shall constitute limited obligations of the Issuer,payable from the Revenues and other moneys deposited in the Funds established pursuant to Article IV other than the Rebate Fund. The Bonds shall not constitute general obligations of 29 CH12 650171.5 the Issuer and neither the full faith and credit nor the unlimited taxing power of the Issuer shall be pledged as security for payment of the Bonds Section 6.5 Levy of Ad Valorem Tax; Abatement. Pursuant to the Bond Ordinance there has been levied an Ad Valorem Tax upon all taxable real property within the SSA sufficient to pay and discharge the principal of the Bonds at maturity or mandatory sinking fund redemption dates and to pay interest on the Bonds for each year at the interest rates set forth in Section 2.3 of this Indenture. The Clerk of Issuer has been directed to file a certified copy of the Bond Ordinance, and an accurate map of the SSA, with the County Clerk of the County. The Ad Valorem Tax shall be divided among all taxable real property within the SSA. On each Accounting Date, the Trustee shall determine the amounts remaining on deposit in the Debt Service Fund, after application of moneys pursuant to paragraphs (i) through (iv) of Section 4.3(b) (the "Dg posit'). On or before January_ of each year, the Trustee will provide notification containing the amount of the Deposit to the Issuer and request that the Issuer abate no later than the last Business Day of February of such year the Ad Valorem Taxes for the current year in an amount equal to the Deposit. By proper proceedings, the Issuer shall direct the abatement of such Ad Valorem Taxes as evidenced by the notification provided by the Trustee. The Issuer shall take all actions which shall be necessary to provide for the levy, extension, collection and application of the taxes levied by the Bond Ordinance, including enforcement of such taxes by institution of foreclosure procedures as provided by law. ARTICLE VII EVENTS OF DEFAULT AND REMEDIES Section 7.1 Events of Default Defined. Each of the following is an"Event of Default" hereunder: (a) Default in the payment of any installment of interest on any Bond when it becomes due and payable; (b) Default in the payment of principal of(or redemption premium, if any, on) any Bond when it becomes due and payable; (c) Subject to the provisions of Section 7.7, default in the performance, or breach, of any covenant, warranty or representation of the Issuer contained in this Indenture(other than a default under subsections (a) and (b) of this Section); (d) (1) An Event of Bankruptcy of the Issuer; (2) the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator or other similar official of the Issuer or of any substantial portion of its property; or (3) the ordering of the winding up or liquidation of the affairs of the Issuer. Section 7.2 Remedies Upon Default. 30 CH12_650171.5 (a) If an Event of Default under Section 7.1 occurs and is continuing, the Trustee may, and upon the written request to the Trustee by the holder or holders of not less than 25% in aggregate principal amount of the Bonds then Outstanding shall, subject to the requirements of Section 8.2(e), by written notice to the Issuer, proceed to protect and enforce its rights and the rights of the holders of the Bonds by a suit, action or special proceeding in equity or at law, by mandamus or otherwise, either for the specific performance of any covenant or agreement contained herein or in aid or execution of any power herein granted or for any enforcement of any proper legal or equitable remedy as the Trustee, being advised by counsel, shall deem most effective to protect and enforce any of the rights or interests of the holders of the Bonds under the Bonds or this Indenture. (b) During the continuance of an Event of Default, all moneys received by the Trustee under this Indenture from the Issuer or from any other source shall be applied by the Trustee in accordance with the terms of Section 7.8 hereof. Upon the occurrence of an Event of Default described in Section 7.1(a) or (b) of this Indenture, which occurs during such time as amounts remain on deposit in the Improvement Fund, upon the written request of the holders of 25% in principal amount of the outstanding Bonds, the Trustee shall transfer any amounts on deposit in the Improvement Fund to the Debt Service Fund to be applied by the Trustee in accordance with Section 7.8 hereof; (c) Any judgment against the Issuer shall be enforceable only against the amounts pledged pursuant to this Indenture. There shall not be authorized any deficiency judgment against any assets of, or the general credit of, the Issuer. (d) The Bonds shall not be subject to acceleration upon the occurrence of an Event of Default. Section 7.3 Additional Remedies. Without limiting the generality of the foregoing Section 7.2, the Trustee shall at all times have the power to institute and maintain such proceedings as it may deem expedient: (1) to prevent any impairment of the Trust Estate by any acts which may be unlawful or in violation of this Indenture, and (2) to protect its interests and the interests of the Bondholders in the Trust Estate and in the issues, profits, revenues and other income arising therefrom, including the power to maintain proceedings to restrain the enforcement of or compliance with any governmental enactment, rule or order which may be unconstitutional or otherwise invalid, if the enforcement of, or compliance with, such enactment, rule or order would impair the Trust Estate or be prejudicial to the interests of the Bondholders or the Trustee. Section 7.4 Marshaling of Assets. Upon the occurrence of an Event of Default, all moneys in all Funds (other than moneys in the Rebate Fund) shall be available to be utilized by the Trustee in accordance with this Article. The rights of the Trustee under Section 8.5 shall be applicable. During the continuance of any such Event of Default, all provisions of this Indenture relating to the utilization of Funds, including but not limited to those set out in Article IV, shall be superseded by this Article. Subsequent to the curing or waiver of any such Event of Default, the provisions of this Indenture relating to utilization of Funds, including the provisions of Article IV, shall be reinstated. 31 CH12_650171.5 Section 7.5 Trustee May File Proofs of Claim. (a) In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding under the Bankruptcy Code relating to the Issuer or any property of the Issuer, the Trustee (whether or not the principal of the Bonds shall then be due and payable by acceleration or otherwise, and whether or not the Trustee shall have made any demand upon the Issuer for the payment of overdue principal, redemption premium, if any, and interest) shall be entitled and empowered, by intervention in such proceeding or other means: (i) to file and prove a claim for the whole amount of the principal, redemption premium, if any, and interest owing and unpaid in respect of the Bonds then Outstanding or for breach of this Indenture and to file such other papers or documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and Counsel) and of the holders allowed in such proceeding; and (ii) to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute the same; and any receiver, assignee, trustee, liquidator, sequestrator or similar official in any such judicial proceeding is hereby authorized by each holder to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to the holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and Counsel, and any other amounts due the Trustee under Section 8.5.(b). No provision of this Indenture empowers the Trustee to authorize or consent to or accept or adopt on behalf of any holders of the Bonds any plan of reorganization, arrangement, adjustment or composition affecting any of the Bonds or the rights of any holder thereof, or to authorize the Trustee to vote in respect of the claim of any holder in any proceeding described in subsection(a) of this Section. Section 7.6 Possession of Bonds Not Required. All rights under this Indenture and the Bonds may be enforced by the Trustee without possession of any Bonds or the production of them at trial or other proceedings. Any proceedings instituted by the Trustee may be brought in its name for itself or as representative of the Bondholders without the necessity of joining Bondholders as parties, and any recovery resulting from such proceedings shall, subject to Section 7.8,be for the ratable benefit of the Bondholders. Section 7.7 Notice and Opportunity to Cure Certain Defaults. No default under Section 7.1(c) shall constitute an Event of Default until written notice of such default shall have been given to the Issuer by the Trustee or by the holders of at least 25% in aggregate principal amount of the Bonds Outstanding, and the Issuer shall have had thirty (30) days after receipt of such notice to correct such default or cause such default to be corrected, and shall have failed to do so. In the event, however, that the default be such that it cannot be corrected within such 32 CH12_650171.5 thirty (30) day period, it shall not constitute an Event of Default if corrective action is instituted by the Issuer within such period and diligently pursued (as determined by the Trustee) until the default is corrected. Section 7.8 Priority of Payment Following Event of Default. (a) If at any time after the occurrence of an Event of Default the moneys held by the Trustee under this Indenture (other than amounts in the Rebate Fund) shall not be sufficient to pay the principal of and interest on the Bonds as the same become due and payable, such moneys, together with any moneys then available or thereafter becoming available for such purpose, whether through the exercise of remedies in this Article or otherwise, shall, subject to subsections (b) and (c) of this Section, be applied by the Trustee as follows: (i) first, to the payment of all amounts due the Trustee under Section 8.5; (ii) second, to the payment of all installments of interest on the Bonds then due and payable in the order in which such installments became due and payable, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment, ratably, according to the amounts due on such installments,without discrimination or preference; (iii) third, to the payment of the unpaid principal amount of any of the Bonds which shall have become due and payable, in the order of due dates (other than Bonds called for redemption or contracted to be purchased for the payment of which moneys are held pursuant to the provisions of this Indenture), with interest upon the principal amount of the Bonds from the respective dates upon which they shall have become due and payable, and, if the amount available shall not be sufficient to pay in full the principal of such Bonds due and payable on any particular due date, together with such interest, then to the payment first of such interest, ratably, according to the amount of principal due on such date, without any discrimination or preference; and (iv) fourth, to the payment of principal of, interest on and redemption premium if any, on Bonds called for redemption under Section 3.3,if any. (b) If the principal of all Bonds shall have become due and payable, whether by their terms or by a declaration of acceleration, and subject to subsection (a)(1) of this Section regarding payment to the Trustee, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, without any discrimination or preference. (c) Whenever moneys are to be applied pursuant to the provisions of this Section, the Trustee may, in its discretion, establish and maintain a reserve for future fees 33 CH12_650171.5 and expenses, and may apply moneys to be distributed at such times, and from time to time, as the Trustee shall determine, having due regard for the amount of such moneys available for application and the likelihood of additional moneys becoming available for such application in the future. Whenever the Trustee shall apply such funds, it shall fix a date (which shall be an Interest Payment Date unless it shall deem another date more suitable) upon which such application is to be made and upon such date interest on the amounts of principal to be paid on such dates, and for which moneys are available, shall cease to accrue. The Trustee shall also select a Record Date for such payment date if the payment date is not an Interest Payment Date. The Trustee shall give such notice as it may deem appropriate of the deposit with it of any moneys and of the fixing of any such Record Date and payment date, and shall not be required to make payment to the holder of any Bond until such Bond shall be presented to the Trustee for appropriate endorsement or for cancellation if fully paid. Section 7.9 Bondholders MU Direct Proceedings. The owners of a majority in aggregate principal amount of the Bonds Outstanding shall, subject to the requirements of Section 8.2(e), have the right, by an instrument or instruments in writing executed and delivered to the Trustee, to direct the method and place of conducting all remedial proceedings by the Trustee hereunder, provided that such direction shall not be in conflict with any rule of law or this Indenture and that the Trustee shall have the right to decline to follow any such direction which in the opinion of the Trustee would be unduly prejudicial to the rights of Bondholders not parties to such direction or would subject the Trustee to personal liability or expense. Notwithstanding the foregoing, the Trustee shall have the right to select and retain Counsel of its choosing to represent it in any such proceedings. The Trustee may take any other action which is not inconsistent with any direction under this Section. Section 7.10 Limitations on Rights of Bondholders. (a) No Bondholder shall have any right to pursue any other remedy under this Indenture or the Bonds unless: (1) an Event of Default shall have occurred and is continuing; (2) the owners of not less than 25% in aggregate principal amount of all Bonds then Outstanding have requested the Trustee, in writing, to exercise the powers hereinabove granted or to pursue such remedy in its or their name or names; (3) the Trustee has been offered indemnity satisfactory to it against costs, expenses and liabilities reasonably anticipated to be incurred; (4) the Trustee has declined to comply with such request, or has failed to do so, within sixty (60) days after its receipt of such written request and offer of indemnity; and (5) no direction inconsistent with such request has been given to the Trustee during such 60-day period by the holders of a majority in aggregate principal amount of the Bonds Outstanding. (b) The provisions of subsection (a) of this Section are conditions precedent to the exercise by any Bondholder of any remedy hereunder. The exercise of such rights is further subject to the provisions of Sections 7.9, 7.11 and 7.14. No one or more Bondholders shall have any right in any manner whatever to enforce any right under this Indenture, except in the manner herein provided. All proceedings at law or in equity with respect to an Event of Default shall be instituted and maintained in the manner herein provided for the equal and ratable benefit of the Bondholders of all Bonds Outstanding. 34 CH12_650171.5 Section 7.11 Unconditional Right of Bondholder to Receive Payment. Notwithstanding any other provision of this Indenture, any Bondholder shall have the absolute and unconditional right to receive payment of principal of, redemption premium, if any, and interest on the Bonds on and after the due date thereof, and to institute suit for the enforcement of any such payment. Section 7.12 Restoration of Rights and Remedies. If the Trustee or any Bondholder has instituted any proceeding to enforce any right or remedy under this Indenture and any such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or such Bondholder, then the Trustee and the Bondholders shall, subject to any determination in such proceeding, be restored to their former positions hereunder, and all rights and remedies of the Trustee and the Bondholders shall continue as though no such proceeding had been instituted. Section 7.13 Rigtts and Remedies Cumulative. No right or remedy herein conferred upon or reserved to the Trustee is intended to be exclusive of any other right or remedy, but each such right or remedy shall, to the extent permitted by law, be cumulative of and in addition to every other right or remedy given hereunder or now or hereafter existing at law, in equity or otherwise. The assertion or employment of any right or remedy hereunder shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. Section 7.14 Delay or Omission Not Waiver. No delay or omission by the Trustee or any Bondholder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of such Event of Default. Every right and remedy given by this Article or by law to the Trustee or the Bondholders may be exercised from time to time, and as often as may as deemed expedient,by the Trustee or the Bondholders, as the case may be. Section 7.15 Waiver of Defaults. (a) The holders of a majority in aggregate principal amount of the Outstanding Bonds may, by written notice to the Trustee and subject to the requirements of Section 8.2(e), waive any existing default or Event of Default and its consequences, except an Event of Default under Section 7.1(a) or (b). Upon any such waiver, the default or Event of Default shall be deemed cured and shall cease to exist for all purposes. No waiver of any default or Event of Default shall extend to or effect any subsequent default or Event of Default or shall impair any right or remedy consequent thereto. (b) Notwithstanding any provision of this Indenture, in no event shall any Person, other than all of the affected Bondholders, have the ability to waive any Event of Default under this Indenture if such event results or may result, in the opinion of Bond Counsel, in interest on any of the Bonds becoming includable in gross income for federal income tax purposes. Section 7.16 Notice of Events of Default. If an Event of Default occurs of which the Trustee has or is deemed to have notice under Section 8.2(h), the Trustee shall give Immediate Notice thereof to the Issuer. Within fifteen (15) days thereafter (unless such Event of Default has been cured or waived), the Trustee shall give notice of such Event of Default to each holder of Bonds then Outstanding, provided, however, that except in the instance of an Event of Default 35 CH12 650171.5 under Section 7.1(a) or (b), the Trustee may withhold such notice to Bondholders if and so long as the Trustee in good faith determines that the withholding of such notice is in the interests of Bondholders, and provided, further, that notice to Bondholders of any Event of Default under Section 7.1(c) shall be subject to the provisions of Section 7.7 and shall not be given until the grace period has expired. ARTICLE VIII THE TRUSTEE Section 8.1 Duties and Responsibilities of the Trustee. (a) Prior to the occurrence of an Event of Default of which it has or is deemed to have notice hereunder, and after the curing or waiver of any Event of Default which may have occurred: (i) the Trustee undertakes to perform such duties and only such duties as are specifically set forth in this Indenture, and no implied covenants or obligations shall be read into this Indenture against the Trustee; and (ii) in the absence of bad faith on its part, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Trustee that conform to the requirements of this Indenture; but the Trustee is under a duty to examine such certificates and opinions to determine whether they conform to the requirements of this Indenture. (b) In case an Event of Default of which the Trustee has or is deemed to have notice hereunder has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use in the conduct of such person's own affairs. (c) No provision of this Indenture shall be construed to relieve the Trustee from liability for its own grossly negligent action, its own grossly negligent failure to act, or its own willful misconduct, except that: (i) this subsection shall not be construed to limit the effect of subsection(a) of this Section; (ii) the Trustee is not liable for any error of judgment made in good faith by a Responsible Officer, unless it is proven that the Trustee was grossly negligent in ascertaining the pertinent facts; (iii) the Trustee is not liable with respect to any action it takes or omits to be taken by it in good faith in accordance with the direction of the Bondholders under any provision of this Indenture relating to the time, method and place of 36 CH 12_650171.5 conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Indenture; and (iv) no provision of this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur any liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it has reasonable grounds for believing that the repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. (d) The Trustee shall maintain records of all investments and disbursements of proceeds in the funds and accounts established pursuant to this Indenture through the date ending six(6) years following the date on which all the Bonds have been retired. (e) Whether or not expressly so provided, every provision of this Indenture relating to the conduct or affecting the liability of or affording protection to the Trustee is subject to the provisions of this Section. (f) To assist the Issuer in complying with its obligations under Section 6.5 hereof, the Trustee shall on or before November 15 of each year notify the Issuer of the amount of the Deposit and on or before December 10 of each year notify the Issuer of the amount of Ad Valorem Tax to be abated for the next succeeding year. (g) The Trustee shall provide to the Original Purchaser and any Beneficial Owner, upon request, copies of all monthly account statements and any information provided to the Trustee by the Issuer pursuant to this Indenture and any information provided to the Trustee by the Developer pursuant to the Development Agreement. Section 8.2 Certain Rights of the Trustee. Except as otherwise provided in Section 8.1: (a) the Trustee may rely and is protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, approval, bond, debenture or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties; (b) any request, direction, order or demand of the Issuer under this Indenture shall be sufficiently evidenced by an Officer's Certificate (unless other evidence thereof is specifically prescribed); (c) whenever in the administration of this Indenture the Trustee deems it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the Trustee (unless other evidence thereof is specifically prescribed) may, in the absence of bad faith on its part,rely upon an Officer's Certificate; (d) the Trustee may consult with Counsel and the written advice of such Counsel or an opinion of Counsel shall be full and complete authorization and protection for any action taken, suffered or omitted by it in good faith and in accordance with such advice or opinion; 37 CH12 650171.5 (e) the Trustee is under no obligation to exercise any of the rights or powers vested in it by this Indenture at the request or direction of any of the Bondholders unless such holders have offered to the Trustee security or indemnity satisfactory to the Trustee as to its terms, coverage, duration, amount and otherwise with respect to the costs, expenses and liabilities which may be incurred by it incompliance with such request or direction, and the provision of such indemnity shall be mandatory for any remedy taken upon direction of the holders of 25%in aggregate principal amount of the Bonds; (f) the Trustee is not required to make any inquiry or investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, approval, bond, debenture or other paper or document but the Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit and, if the Trustee determines to make such further inquiry or investigation, it is entitled to examine the books,records and premises of the Issuer in person or by agent or attorney; (g) the Trustee may execute any of its trusts or powers or perform any duties under this Indenture either directly or by or through agents or attorneys, and may in all cases pay, subject to reimbursement as provided in Section 8.5, such reasonable compensation as it deems proper to all such agents and attorneys reasonably employed or retained by it, and the Trustee shall not be responsible for any misconduct, negligence or gross negligence of any agent or attorney appointed with due care by it; (h) the Trustee is not required to take notice or deemed to have notice of any default or Event of Default hereunder, except Events of Default under Section 7.1(a) and (b), unless a Responsible Officer of the Trustee has actual knowledge thereof or has received notice in writing of such default or Event of Default from the Issuer or the holders of at least 25% in aggregate principal amount of the Outstanding Bonds, and in the absence of any such notice, the Trustee may conclusively assume that no such default or Event of Default exists; (i) the Trustee is not required to give any bond or surety with respect to the performance of its duties or the exercise of its powers under this Indenture; 0) in the event the Trustee receives inconsistent or conflicting requests and indemnity from two or more groups of holders of Bonds, each representing less than a majority in aggregate principal amount of the Bonds Outstanding, pursuant to the provisions of this Indenture, the Trustee, in its sole discretion, may determine what action, if any, shall be taken; (k) the Trustee's immunities and protections from liability and its right to indemnification in connection with the performance of its duties under this Indenture shall extend to the Trustee's officers, directors, agents, attorneys and employees. Such immunities and protections and right to indemnification, together with the Trustee's right to compensation, shall survive the Trustee's resignation or removal, the defeasance or discharge of this Indenture and final payment of the Bonds; 38 CH12_650171.5 (1) the permissive right of the Trustee to take the actions permitted by this Indenture shall not be construed as an obligation or duty to do so; (m) except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for any information in any offering memorandum or other disclosure material distributed with respect to the Bonds, and the Trustee shall have no responsibility for compliance with any state or federal securities laws in connection with the Bonds; and (n) the Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that (a) the Issuer, subsequent to such transmission of written instructions, shall provide the originally executed instructions or directions to the Trustee in a timely manner, (b) such originally executed instructions or directions shall be signed by a person as may be designated and authorized to sign for the Issuer or in the name of the Issuer, by an authorized representative of the Issuer, and (c) the Issuer shall provide to the Trustee an incumbency certificate listing such designated persons, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the Issuer elects to give the Trustee e- mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee in its discretion elects to act upon such instructions, the Trustee's understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Section 8.3 Trustee Not Responsible for Recitals. The recitals contained in this Indenture and in the Bonds (other than the certificate of authentication on the Bonds) are statements of the Issuer, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the value, condition or sufficiency of any assets pledged or assigned as security for the Bonds, the right, title or interest of the Issuer therein, the security provided thereby or by this Indenture, the technical or financial feasibility of the Special Services, the compliance of the Special Services with the Act, or the tax-exempt status of the Bonds. The Trustee is not accountable for the use or application by the Issuer of any of the Bonds or the proceeds of the Bonds, or for the use or application of any moneys paid over by the Trustee in accordance with any provision of this Indenture or the Bond Ordinance. Section 8.4 Trustee MM Own Bonds. The Trustee, in its commercial banking or in any other capacity, may in good faith buy, sell, own, hold and deal in any of the Bonds and may join in any action which any Bondholder may be entitled to take with like effect as if it were not Trustee. The Trustee, in its commercial banking or in any other capacity, may also engage in or be interested in any financial or other transaction with the Issuer and may act as depository, trustee or agent for any committee of Bondholders secured hereby or other obligations of the 39 CH12 650171.5 Issuer as freely as if it were not Trustee. The provisions of this Section shall extend to affiliates of the Trustee. Section 8.5 Compensation and Expenses of the Trustee. The Issuer covenants and agrees as follows: (a) to pay to the Trustee compensation for all services rendered by it hereunder and under the other agreements relating to the Bonds to which the Trustee is a party in accordance with terms agreed to from time to time, and, subsequent to default, in accordance with the Trustee's then-current fee schedule for default administration (the entirety of which compensation shall not be limited by any provision of law regarding compensation of a trustee of an express trust); (b) to reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any provision of this Indenture, any other agreement relating to the Bonds to which it is a party or in complying with any request by the Issuer or any Rating Service with respect to the Bonds, including the reasonable compensation, expenses and disbursements of its agents and Counsel, except any such expense, disbursement or advance attributable to the Trustee's gross negligence or bad faith; and (c) to indemnify, defend and hold the Trustee harmless from and against any loss, liability or expense incurred without gross negligence or bad faith on its part, arising out of or in connection with the acceptance or administration of the office of Trustee under this Indenture, including the costs of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties hereunder or thereunder. In the event the Trustee incurs expenses or renders services in any proceedings under Bankruptcy Law relating to the Issuer the expenses so incurred and compensation for services so rendered are intended to constitute expenses of administration under Bankruptcy Law. As security for the performance of the obligations of the Issuer under this Section, the Trustee shall have a lien prior to the lien securing the Bonds, which it may exercise through a right of setoff, upon all property or funds held or collected by the Trustee pursuant to this Indenture (other than moneys in the Rebate Fund). The obligations of the Issuer to make the payments described in this Section shall survive discharge of this Indenture, the resignation or removal of the Trustee and payment in full of the Bonds. Section 8.6 _Qualifications of Trustee. There shall at all times be a trustee hereunder which shall be a corporation or banking association organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise corporate trust powers, which has a combined capital and surplus of at least $50,000,000, or is an affiliate of, or has a contractual relationship with, a corporation or banking association meeting such capital and surplus requirement which guarantees the obligations and liabilities of the proposed trustee), and which is subject to supervision or examination by federal or state banking authority. If such corporation or banking association publishes reports of condition at least annually, 40 CH12_650171.5 pursuant to law or the requirements of any supervising or reexamining authority above referred to, then for purposes of this Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign promptly in the manner and with the effect specified in this Article. Section 8.7 Resignation or Removal of Trustee; Appointment of Successor Trustee. (a) No resignation or removal of the Trustee and no appointment of a successor Trustee pursuant to this Article shall become effective until the acceptance of appointment by the successor Trustee under Section 8.8. (b) The Trustee may resign at any time by giving written notice to the Issuer. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Trustee by an instrument in writing. If an instrument of acceptance has not been delivered to the resigning Trustee within thirty (30) days after the giving of such notice of resignation, the resigning Trustee or any holder of a Bond then Outstanding may petition a court of competent jurisdiction for the appointment of a successor Trustee. (c) Prior to the occurrence and continuance of an Event of Default hereunder, or after the curing or waiver of any such Event of Default, the Issuer, the holders of a majority in aggregate principal amount of the Outstanding Bonds,may remove the Trustee and shall appoint a successor Trustee. In the event there shall have occurred and be continuing an Event of Default hereunder, the holders of a majority in aggregate principal amount of the Outstanding Bonds may remove the Trustee and shall appoint a successor Trustee. In each instance such removal and appointment shall be accomplished by an instrument or concurrent instruments in writing signed by the Issuer or such holders, as the case may be, and delivered to the Trustee, the Issuer and holders of the Outstanding Bonds. (d) If at any time: (1) the Trustee shall cease to be eligible and qualified under Section 8.6 and shall fail or refuse to resign after written request to do so by the Issuer or the holder of any Bond, or (2) the Trustee shall become incapable of acting or shall be adjudged insolvent, or a receiver of the Trustee or its property shall be appointed, or any public officer shall take charge or control of the Trustee, its property or affairs for the purpose of rehabilitation, conservation or liquidation, then in either such case (A) the Issuer may remove the Trustee and appoint a successor Trustee in accordance with the provisions of subsection (c) of this Section; or (B) any holder of a Bond then Outstanding may, on behalf of the holders of all Outstanding Bonds,petition a court of competent jurisdiction for removal of the Trustee and appointment of a successor Trustee. (e) The Issuer shall give written notice of each resignation or removal of the Trustee and each appointment of a successor Trustee to each holder of Bonds then Outstanding as listed in the Bond Register. Each such notice shall include the name and address of the applicable corporate trust office of the successor Trustee. Section 8.8 Acceptance of Appointment by Successor Trustee. 41 CH12 650171.5 (a) Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to the Issuer and the predecessor Trustee an instrument accepting its appointment. The resignation or removal of the retiring Trustee shall thereupon become effective, and the successor Trustee shall, without further act, deed or conveyance become vested with all the estates, properties, rights, powers and duties of the predecessor Trustee. Upon the request of the Issuer or the successor Trustee, the predecessor Trustee shall execute and deliver an instrument transferring to the successor Trustee all the estates, properties, rights, powers and duties of the predecessor Trustee under this Indenture, and shall duly assign, transfer, deliver and pay over to the successor Trustee all the Trust Estate and moneys and other property then held under this Indenture, subject, however, to the lien provided for in Section 8.5. The successor Trustee shall promptly give written notice of its appointment to the holders of all Bonds Outstanding in the manner prescribed herein,unless such notice has previously been given. (b) No successor Trustee shall accept appointment as provided in this Section unless, as of the date of such acceptance, it is eligible and qualified under the provisions of Section 8.6. Section 8.9 Merger, Succession or Consolidation of Trustee. Any corporation or association: (a) into which the Trustee is merged or with which it is consolidated; (b) resulting from any merger or consolidation to which the Trustee is a parry; or (c) succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor Trustee without the execution or filing of any document or the taking of any further action. Any such successor must nevertheless be eligible and qualified under the provisions of Section 8.6. Section 8.10 Notices to Bondholders; Waiver. Where this Indenture provides for notice to Bondholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Bondholder affected by each event, at his or her address as it appears on the Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the first giving of such notice. In any case where notice to Bondholders is given by mail, neither the failure to mail such notice, nor any default in any notice so mailed to any particular Bondholder shall affect the sufficiency of such notice with respect to other Bondholders. Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to received such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Bondholders shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. For so long as the Bonds are registered solely in the name of the Securities Depository or its nominee, the Trustee, on behalf of the Issuer, shall maintain a register(the "Beneficial Owner Register') in which the Trustee shall record the name and address of any person that is identified to the Trustee as a beneficial owner of an interest in the Bonds and for which the Trustee has: (i) information sufficient to permit delivery of first class mail and (ii) either:(x) a certificate executed, as depository or securities intermediary, by any trust company, bank, banker or member of a national securities exchange (wherever situated), if such certificate is in form satisfactory to the Trustee, or (y) a certificate or affidavit of the Person executing such instrument or writing as a beneficial owner if such certificate or affidavit is in form satisfactory to the Trustee or (z) such other instrument or writing as the Trustee deems sufficient for the purposes of this Section. The Trustee and the Issuer shall not be responsible for the accuracy of 42 CH 12_650171.5 the Beneficial Owner Register, and no Person listed in the Beneficial Owner Register shall be entitled to any rights under this Indenture other than the right to receive notices in the manner provided in the following paragraph. For so long as the Bonds are registered solely in the name of the Securities Depository or its nominee, where this Indenture provides for notice to the Bondholders of the existence of, or during the continuance of, any Event of Default or at any time upon the written request of the Issuer, the Trustee, at the expense of the Issuer, shall: (i) establish a record date (the "Record Date") for determination of the Persons entitled to receive such notice; (ii) request a securities position listing from the Securities Depository showing the Depository Participants holding positions in the Bonds affected by such notice as of the Record Date for such notice; (iii) mail, first class postage prepaid, copies of the notice as provided above to each Depository Participant identified in the securities position listing as holding a position in the Bonds as of the Record Date for the notice, to each Person listed in the Beneficial Owner Register, to each nationally recognized municipal securities information repository and state information depository (within the meaning of Rule 15c2-12 of the United States Securities and Exchange Commission under the Securities Exchange Act of 1934), and to any Person identified to the Trustee as a nonobjecting beneficial owner pursuant to the immediately following clause; (iv)request that the Depository Participant retransmit the notice to all Persons for which it served as nominee on the Record Date, including nonobjecting beneficial owners, or retransmit the notice to objecting beneficial owners and provide a listing of nonobjecting beneficial owners for whom the Depository Participant served as nominee on the Record Date to the Trustee, (v) provide on behalf of the Issuer and not as its agent, an undertaking of the Issuer to pay to any Depository Participant or other nominee (other than the Securities Depository) the reasonable costs of transmitting the notice to Persons for whom the Depository Participant acts as nominee; and (vi) provide as many copies of the notice as may be requested by any nominee owner of the Bonds. Any default in performance of the duties required by this paragraph shall not affect the sufficiency of notice to the Bondholders given in accordance with the first paragraph of this Section, nor the validity of any action taken under this Indenture in reliance on such notice to Bondholders. Where this Indenture provides for notice to the Bondholders of any event,the form of the notice shall prominently include a title block, separate from the body of the notice, which shall include the following information: (i) the complete title of the Bonds; (ii) the complete name of the Issuer; (iii) the entire nine-digit CUSIP number of each affected maturity of the Bonds; (iv) the Record Date; and (v) a summary that is no more than the maximum number of characters permitted by the Securities Depository. Any notice required or permitted by this Indenture to be given to the Securities Depository shall be given to it in the manner provided by this Section forgiving notice to Bondholders, and also shall be given in ASCII (or other format requested by the Securities Depository) format on magnetic medium, and shall be sent to: The Depository Trust Company, Proxy Department, 55 Water Street, 50th Floor, New York, New York 10041-0099, (telecopy: (212) 855-5181), or such other address as may be specified by the Securities Depository in writing to the Trustee. 43 CH12 650171.5 ARTICLE IX DISCHARGE AND DEFEASANCE Section 9.1 Discharge. If (a) the principal of any Bonds and the interest due or to become due thereon together with any redemption premium required by redemption of any of the Bonds prior to maturity shall be paid, or is caused to be paid, or is provided for under Section 9.2, at the times and in the manner to which reference is made in the Bonds, according to the true intent and meaning thereof, or the outstanding Bonds shall have been paid and discharged in accordance with this Article, and (b) all of the covenants, agreements, obligations, terms and conditions of the Issuer under this Indenture shall have been kept, performed and observed and there shall have been paid to the Trustee, the Bond Registrar and the Paying Agents all sums of money due or to become due to them in accordance with the terms and provisions hereof, then the right, title and interest of the Trustee in the Trust Estate shall there upon cease and the Trustee, on request and at the expense of the Issuer, shall release this Indenture and the Trust Estate and shall execute such documents to evidence such release as may be reasonably required by the Issuer and shall turnover to the Issuer, or to such other Person as may be entitled to receive the same, all balances remaining in any Funds hereunder except for amounts required to pay such Bonds or held pursuant to Section 4.9. Section 9.2 Defeasance; Deposit of Funds for Payment of Bonds. If the Issuer deposits with the Trustee moneys or Defeasance Obligations which, together with the earnings thereon, are sufficient to pay the principal of and redemption premium on any particular Bond or Bonds becoming due, either at maturity, by means of mandatory sinking fund redemption or by call for optional redemption or otherwise, together with all interest accruing thereon to the due date or Redemption Date, and pays or makes provision for payment of all fees, costs and expenses of the Issuer and the Trustee due or to become due with respect to such Bonds, all liability of the Issuer with respect to such Bond or Bonds shall cease, such Bond or Bonds shall be deemed not to be Outstanding hereunder and the holder or holders of such Bond or Bonds shall be restricted exclusively to the moneys or Defeasance Obligations so deposited, together with any earnings thereon, for any claim of whatsoever nature with respect to such Bond or Bonds, and the Trustee shall hold such moneys, Defeasance Obligations and earnings in trust for such holder or holders. In determining the sufficiency of the moneys and Defeasance Obligations deposited pursuant to this Section, the Trustee shall receive, at the expense of the Issuer, and may rely upon: (a) a verification report of a firm of nationally recognized independent certified public accountants or other qualified firm acceptable to the Issuer and the Trustee; and (b) an opinion of Bond Counsel to the effect that (1) all conditions set forth in this Article have been satisfied and (2) that defeasance of the Bonds will not cause interest on the Bonds to be includable in gross income for federal income tax purposes. Upon such defeasance all rights of the Issuer, including its right to provide for optional redemption of Bonds on dates other than planned pursuant to such defeasance, shall cease unless specifically retained by filing 44 CH12_650171.5 a written notification thereof with the Trustee at the time the Defeasance Obligations are deposited with the Trustee. At such times as a Bond shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of this Indenture, except for the purposes of any such payment from such money or Defeasance Obligations and except for the provisions of this Section, Section 2.3, 2.4, 2.5, 2.7, 2.8, 2.10, 2.11, 2.12, 4.3, 11.8 and Article X, and the Issuer shall continue to be subject to the provisions of Section 8.5. Section 9.3 Notice of Defeasance. (a) In case any of the Bonds, for the payment of which moneys or Defeasance Obligations have been deposited with the Trustee pursuant to Section 9.2, are to be redeemed on any date prior to their maturity, the Issuer shall give to the Trustee in form satisfactory to it irrevocable instructions to give notice of redemption of such Bonds on the redemption date for such Bonds as provided in Section 3.6. (b) In addition to the foregoing notice, in the event such Bonds to be redeemed are not by their terms subject to redemption within the next succeeding sixty (60) days, the Trustee shall give further notice to the Bondholders that the deposit required by Section 9.2 has been made with the Trustee and that said Bonds are deemed to have been paid in accordance with this Article and stating the maturity or redemption date or dates upon which moneys are to be available for the payment of the principal of and redemption premium, if any, on said Bonds; such further notice shall be given promptly following the making of the deposit required by Section 9.2; and such further notice also shall be given in the manner set forth Section 3.6(b);but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of the deposit. (c) If the Issuer has retained any rights pursuant to the last sentence of Section 9.2, notice thereof shall be sent to Bondholders of such Bonds as soon as practicable and not later than any notice required by subsections(a) or(b) of this Section. ARTICLE X SUPPLEMENTAL INDENTURES AND AMENDMENTS Section 10.1 Supplemental Indentures Without Bondholders' Consent. The Issuer and the Trustee may from time to time and at any time enter into trust indentures supplemental to this Indenture, without the consent of or notice to any Bondholder, to effect any one or more of the following: (a) cure any ambiguity or defect or omission or correct or supplement any provision herein or in any supplemental indenture; (b) grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders or the Trustee which are not contrary to or inconsistent with this Indenture as then in effect or to subject to the pledge and lien of 45 CH 12_650171.5 this Indenture additional revenues, properties or collateral including Defeasance Obligations; (c) add to the covenants and agreements of the Issuer in this Indenture other covenants and agreements thereafter to be observed by the Issuer or to surrender any right or power herein reserved to or conferred upon the Issuer which are not contrary to or inconsistent with this Indenture as then in effect; (d) permit the appointment of a co-trustee under this Indenture; (e) modify, alter, supplement or amend this Indenture in such manner as shall permit the qualification of this Indenture, if required, under the Trust Indenture Act of 1939 or, the Securities Act of 1933, as from time to time amended, or any similar federal statute hereafter in effect; (f) make any other change herein that is determined by the Trustee to be not materially adverse to the interests of the Bondholders; or (g) if the Bonds are all Book Entry Bonds, amend, modify, alter or replace the Letter of Representations as provided in Section 2.12 or other provisions relating to Book Entry Bonds. The Trustee shall not be obligated to enter into any such supplemental indenture which adversely affects the Trustee's own rights, duties or immunities under this Indenture. Section 10.2 Supplemental Indentures Requiring Bondholders' Consent. The Issuer and the Trustee, at any time and from time to time, may execute and deliver a supplemental indenture for the purpose of making any modification or amendment to this Indenture, but only with the written consent, given as provided in Section 10.3, of the holders of at least two-thirds in aggregate principal amount of the Bonds Outstanding at the time such consent is given, and in case less than all of the Bonds then Outstanding are affected by the modification or amendment, of the holders of at least two-thirds in aggregate principal amount of the Bonds so affected and Outstanding at the time such consent is given; provided, however, that if such modification or amendment will, by its terms, not take effect so long as any Bonds so affected remain Outstanding, the consent of the holders of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section. Notwithstanding the foregoing, no modification or amendment contained in any such supplemental indenture shall permit any of the following, without the consent of each Bondholder whose rights are affected thereby: (a) a change in the terms of stated maturity or redemption of any Bond or of any installment of interest thereon; (b) a reduction in the principal amount of or redemption premium on any Bond or in the rate of interest thereon or a change in the coin or currency in which such Bond is payable; (c) the creation of a lien on or a pledge of any part of the Trust Estate, or the money or assets pledged under this Indenture or any part thereof; (d)the granting of a preference or priority of any Bond or Bonds over any other Bond or Bonds; (e) a reduction in the aggregate principal amount of Bonds of which the consent of the Bondholders is required to effect any such modification or amendment; or (f) a change in the provisions of Section 7.15. Notwithstanding the foregoing, the holder of any Bond may extend 46 CH12_650171.5 the time for payment of the principal of or interest on such Bond; provided, however, that upon the occurrence of an Event of Default, funds available hereunder for the payment of the principal of and interest on the Bonds shall not be applied to any payment so extended until all principal and interest payments which have not been extended have first been paid in full. Notice of any supplemental indenture executed pursuant to this Section shall be given to the Bondholders promptly following the execution thereof by the Issuer. Section 10.3 Consents of Bondholders and Opinions. Each supplemental indenture executed and delivered pursuant to the provisions of Section 10.2 shall take effect only when and as provided in this Section 10.3. A copy of such supplemental indenture (or brief summary thereof or reference thereto in form approved by the Trustee), together with a request to Bondholders for their consent thereto in form satisfactory to the Trustee, shall be sent by the Trustee to Bondholders, at the expense of the Issuer, by first class mail, postage prepaid, provided that a failure to mail such request shall not affect the validity of the supplemental indenture when consented to as provided hereinafter. Such supplemental indenture shall not be effective unless and until there shall have been filed with the Trustee (a) the written consents of Bondholders of the percentage of Bonds specified in Section 10.2 given as provided in Section 11.11, and (b) the opinion of Counsel described in Section 10.5. Any such consent shall be binding upon the Bondholder giving such consent and upon any subsequent holder of such Bonds and of any Bonds issued in exchange therefore or in lieu thereof(whether or not such subsequent Bondholder has notice thereof), unless such consent is revoked in writing by the Bondholder giving such consent or a subsequent holder of such Bonds by filing such revocation with the Trustee prior to the date the Trustee receives the material required in subsections (a) and (b) of this Section. Section 10.4 Notation on Bonds. Bonds authenticated and delivered after the effective date of any action taken as provided in this Article may, and, if the Issuer so determines, shall bear a notation by endorsement or otherwise in form approved by the Trustee as to such action, and in that case upon demand of the holder of any Outstanding Bond at such effective date and presentation of such Bond for the purpose at the Office of the Trustee, or upon any transfer of any Bond Outstanding at such effective date, suitable notation shall be made on such Bond or upon any Bond issued upon any such transfer by the Trustee as to any such action. If the Issuer shall so determine, new Bonds so modified as in the opinion of the Trustee and the Issuer to conform to such action shall be prepared, authenticated and delivered, and upon demand of the holder of any Bond then Outstanding shall be exchanged, without cost to such Bondholder for Bonds then Outstanding, upon surrender of such Bonds for Bonds of an equal aggregate principal amount and of the same maturity and interest rate, in any Authorized Denomination. Section 10.5 Delivery of Counsel's Opinion with Respect to Supplemental Indentures. Subject to the provisions of Section 8.1, the Trustee in executing or accepting the additional trusts permitted by this Article or the modifications thereby of the trusts created by this Indenture may rely, and shall be fully protected in relying, on an opinion of Counsel acceptable to it stating that(a) the execution of such supplemental indenture is authorized or permitted by this Indenture and (b) all conditions precedent to the execution and delivery of such supplemental indenture have been complied with, and an opinion of Bond Counsel that the execution and performance of such supplemental indenture shall not, in and of itself, adversely affect the federal income tax status of the Bonds. The Trustee may accept and rely upon such opinion of Counsel as 47 CH12 650171.5 conclusive evidence that any supplemental indenture executed pursuant to the provisions of this Article complies with the requirements of this Article. Section 10.6 Effect of Supplemental Indentures. Upon the execution and delivery of any supplemental indenture under this Article, this Indenture shall be modified in accordance therewith, and such supplemental indenture shall form a part of this Indenture for all purposes; and every holder of any Bond theretofore or thereafter authenticated and delivered hereunder shall be bound thereby. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.1 SecurityAgreement; Financing Statements. In addition to the assignment by the Issuer of its rights in the Trust Estate to the Trustee, the Issuer hereby acknowledges that, in order to more fully protect, perfect and preserve the rights of the Trustee and the Bondholders in the Trust Estate, the Issuer grants to the Trustee a security interest in the Trust Estate and the proceeds thereof. The Issuer agrees to cooperate with the Trustee in filing financing statements, and continuations thereof, in such manner and in such places as may be required by law to perfect such security interest; provided that the Trustee shall not be responsible for filing or for the sufficiency or accuracy of any financing statements initially filed to perfect security interests granted under this Indenture. At the time of the issuance of the Bonds and at the required intervals under applicable State law, the Trustee, at the expense of the Issuer, may obtain an opinion of Counsel setting forth what, if any, actions by the Issuer or Trustee should be taken in order to protect, perfect and preserve such security interest. The Trustee shall file continuation statement with respect to each UCC financing statement relating to the Bonds filed at the time of the issuance thereof, provided that a copy of the filed financing statement is timely delivered to the Trustee. The following information is supplied to facilitate filings under the Uniform Commercial Code of the State: The secured party is The Bank of New York Trust Company, N.A. Its address from which information concerning the security interest may be obtained and its mailing address is: 2 North LaSalle Street, Suite 1020, Chicago, Illinois 60602. The debtor is United City of Yorkville. Its mailing address is: 800 Game Farm Road,Yorkville, Illinois 60560. Section 11.2 Limitation of Rights. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Indenture or the Bonds is intended or shall be construed to give to any Person other than the parties hereto, and the Bondholders any legal or equitable right, remedy or claim under or in respect to this Indenture. This Indenture and all of the covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the Bondholders as herein provided. Section 11.3 Severability. If any term or provision of this Indenture or the Bonds shall be invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction or 48 CHI2_650171.5 jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever, and such term and provision shall be valid and enforced to the fullest extent permitted by law. Section 11.4 Notices. Except as otherwise provided herein, all notices, certificates or other communications hereunder shall be in writing and shall be deemed given upon receipt, by hand delivery,mail, overnight delivery, telecopy or other electronic means addressed as follows: Issuer: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Attention: Mayor Trustee: The Bank of New York Trust Company,N.A. 2 North LaSalle Street, Suite 1020 Chicago, Illinois 60602 Attention: Corporate Trust Department Business District The Bank of New York Trust Company,N.A. Sales Tax Trustee: 2 North LaSalle Street, Suite 1020 Chicago, Illinois 60602 Attention: Corporate Trust Department Sales Tax Revenue The Bank of New York Trust Company,N.A. Bond Trustee: 2 North LaSalle Street, Suite 1020 Chicago, Illinois 60602 Attention: Corporate Trust Department In case by reason of the suspension of regular mail service, it shall be impracticable to give notice by first class mail of any event to any Bondholder or the Issuer when such notice is required to be given pursuant to any provisions of this Indenture, then any manner of giving such notice as shall be satisfactory to the Trustee shall be deemed to be sufficient giving of such notice. The Issuer and the Trustee may, by notice pursuant to this Section, designate any different addresses to which subsequent notices, certificates or other communications shall be sent. A duplicate copy of each notice, approval, consent, request, complaint, demand or other communication given hereunder by the Issuer or the Trustee to any one of the others shall also be given to the others. For purposes of this Section and the definition of Immediate Notice, "electronic means" shall mean telecopy or facsimile transmission or other similar electronic means of communication which produces evidence of transmission. Notwithstanding the foregoing, notices to the Trustee shall be effective only upon receipt. Section 11.5 Holidays. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Indenture, is not a 49 CH12 650171.5 Business Day, such payment may be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Indenture and no interest shall accrue on the payment so deferred during the intervening period. Section 11.6 Counterparts. This Indenture may be executed in any number of counterparts, each of which when so executed and delivered shall constitute an original, but all of which, when taken together, shall constitute but one and the same instrument, and shall become effective when copies hereof shall be delivered to each of the parties hereto, which copies,when taken together,bear the signatures of each of the parties hereto. Section 11.7 Applicable Law. This Indenture shall be governed in all respects including validity, interpretation and effect by, and shall be enforceable in accordance with, the laws of the United States of America and of the State. Section 11.8 Limitation of Liability of Officials of the Issuer. Notwithstanding anything to the contrary contained herein, for payment of the obligations of the Issuer under this Indenture and the Bonds, the Trustee, the Bondholders and any other party entitled to seek payment from the Issuer under or to enforce this Indenture and the Bonds will be entitled to look solely to amounts on deposit with and held by the Trustee for the benefit of the Bondholders, subject to the terms of this Indenture, and no other property or assets of the Issuer or any officer or director of the Issuer shall be subject to levy, execution or other enforcement procedure for the satisfaction of the remedies hereunder, or for any payment required to be made under this Indenture and the Bonds, or for the performance of any of the covenants or warranties contained herein. Section 11.9 Successors and Assigns. All the covenants, promises and agreements in this Indenture contained by or on behalf of the Issuer, or by or on behalf of the Trustee, shall bind and inure to the benefit of their respective successors and assigns, whether so expressed or not. Section 11.10 Form of Documents Delivered to Trustee. In any case where several matters are required to be certified by, or covered by an opinion of any specified person, it is not necessary that all such matters be certified by, or covered by the opinion of, only one such person, or that they be so certified or covered by only one document, but one such person may certify or give an opinion with respect to some matters and one or more other such persons as to other matters, and any such person may certify or give an opinion as to such matters in one or several documents. Any Officer's Certificate of the Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of, or representations by, Counsel, unless such official or officer knows, or in the exercise of reasonable care should know, that the certificate or opinion or representations with respect to the matters upon which his or her certificate or opinion is based are erroneous. Any opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of, or representations by, an official or officials of the Issuer or an officer or officers of the Issuer stating that the information with respect to such factual matters is in the possession of the Issuer, unless such Counsel knows, or in the exercise of reasonable care 50 CHI2_650171.5 should know, that the certificate or opinion or representations with respect to such matters are erroneous. Where any person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may,but need not, be consolidated and form one instrument. Section 11.11 Consent of Holders. Any consent, request, direction, approval, objection or other instrument required by this Indenture to be signed and executed by the Bondholders may be in any number of concurrent writings of similar tenor and must be signed or executed by such Bondholders in person or by agent appointed in writing. Proof of the execution of any such consent, request, direction, approval, objection or other instrument or of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this Indenture, and shall be conclusive in favor of the Trustee with regard to any action taken by it under such request or other instrument,namely: (a) The fact and date of the execution by any person of any such writing may be proved by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that the person signing such writing acknowledged the execution thereof, or by an affidavit of any witness to such execution. (b) The Trustee may establish a Record Date for the purpose of identifying Bondholders entitled to issue any such consent, request, direction, approval or instrument. 51 CH12_650171.5 -Iqqm IN WITNESS WHEREOF, the Issuer has caused this Indenture to be signed in its name by its Executive and attested by its Attesting Officer, and the Trustee, in acceptance of the trusts created hereunder, has caused this Indenture to be signed in its corporate name by its officer thereunder duly authorized all as of the day and year first above written. UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS By: Its: (SEAL) ATTEST: By: Title: THE BANK OF NEW YORK TRUST COMPANY,N.A., as Trustee By: Its: (SEAL) ATTEST: By: Authorized Signatory 52 CH 12_650171.5