Public Works Packet 2017 02-21-17
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, February 21, 2017
6:00 p.m.
City Hall Conference Room
800 Game Farm Road, Yorkville, IL
Citizen Comments:
Minutes for Correction/Approval: January 17, 2017
New Business:
1. PW 2017-10 Snow Operations Report
2. PW 2017-11 Caledonia Phases 1 and 2 – Acceptance of Improvements
3. PW 2017-12 Blackberry Woods Phase A – Acceptance of Improvements
4. PW 2017-13 Hot Mix and Cold Patch – RFP Results
5. PW 2017-14 Fox Hill and Sunflower Estates SSA Mowing and Maintenance RFP
6. PW 2017-15 Budget Amendment for Pedestrian Signage
7. PW 2017-16 Kennedy Road Shared Use Path – BNSF Agreement
8. PW 2017-17 Intergovernmental Agreement for Kennedy Road Resurfacing
9. PW 2017-18 Kennedy Road Engineering Agreement
10. PW 2017-19 Route 34 Improvements (Center Parkway to Eldamain)
11. PW 2017-20 NPDES MS4 Stormwater Permit
Old Business:
1. PW 2014-74 Railroad Quiet Zones
Additional Business:
2016/2017 City Council Goals – Public Works Committee
Goal Priority Staff
“Municipal Building Needs and Planning” 3 Bart Olson & Eric Dhuse
“Capital Improvement Plan” 4 Bart Olson & Eric Dhuse
“Vehicle Replacement” 5 Bart Olson & Eric Dhuse
“Sidewalks and Trails Funding and Planning” 15 Bart Olson, Eric Dhuse,
Brad Sanderson & Rob Fredrickson
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
UNITED CITY OF YORKVILLE
WORKSHEET
PUBLIC WORKS COMMITTEE
Tuesday, February 21, 2017
6:00 PM
CITY HALL CONFERENCE ROOM
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CITIZEN COMMENTS:
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MINUTES FOR CORRECTION/APPROVAL:
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1. January 17, 2017
□ Approved __________
□ As presented
□ With corrections
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NEW BUSINESS:
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1. PW 2017-10 Snow Operations Report
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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2. PW 2017-11 Caledonia Phases 1 and 2 – Acceptance of Improvements
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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3. PW 2017-12 Blackberry Woods Phase A – Acceptance of Improvements
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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4. PW 2017-13 Hot Mix and Cold Patch – RFP Results
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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5. PW 2017-14 Fox Hill and Sunflower Estates SSA Mowing and Maintenance RFP
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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6. PW 2017-15 Budget Amendment for Pedestrian Signage
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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7. PW 2017-16 Kennedy Road Shared Use Path – BNSF Agreement
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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8. PW 2017-17 Intergovernmental Agreement for Kennedy Road Resurfacing
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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9. PW 2017-18 Kennedy Road Engineering Agreement
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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10. PW 2017-19 Route 34 Improvements (Center Parkway to Eldamain)
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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11. PW 2017-20 NPDES MS4 Stormwater Permit
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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OLD BUSINESS:
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1. PW 2014-74 Railroad Quiet Zones
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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ADDITIONAL BUSINESS:
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Minutes
Tracking Number
Minutes of the Public Works Committee – January 17, 2017
Public Works Committee – February 21, 2017
Majority
Committee Approval
Minute Taker
Name Department
Page 1 of 4
DRAFT
UNITED CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE
Tuesday, January 17, 2017, 6:00pm
Yorkville City Hall, Conference Room
800 Game Farm Road
IN ATTENDANCE:
Committee Members
Chairman Chris Funkhouser Alderman Ken Koch
Alderman Jackie Milschewski
Other City Officials
Mayor Gary Golinski (6:25-7:03pm) Engineer Brad Sanderson, EEI
City Administrator Bart Olson Administrative Intern Nicole Kathman
Public Works Director Eric Dhuse
Interim Assistant City Administrator Erin Willrett
Other Guests:
Don & Donna Peterson, White Oak Estates Ray & Barb Wolson, White Oak Estates
Mike & Carol Pfeiffer, White Oak Estates Carol & Don Hirsch, White Oak Estates
Elizabeth Kolar, White Oak Estates Rob Vollrath, Leopardo Energy
John Albrecht, Leopardo Energy Tim Weidner, Engineering Enterprises
Deborah Horaz, White Oak Estates
The meeting was called to order at 6:00pm by Chairman Chris Funkhouser.
Citizen Comments:
Mr. Don Hirsch said the train horn situation has not improved and since track improvements were made
last fall, the situation has worsened. He said others have signed petitions, sent emails etc. against the
loud train horns. He encouraged the City to do Phase I of the quiet zone study.
Mr. Don Peterson asked if there was any further update of the train situation and Chairman Funkhouser
replied it would be discussed at tonight's meeting.
Also commenting was Ms. Carol Hirsch, who said she had circulated a petition to the neighbors. She
said a neighbor had a concern about the speed of the trains during festivals downtown Yorkville and as
it relates to future development there. It was noted by staff later in the meeting, that trains greatly
reduce their speed during festivals and orange fencing is put up for additional safety.
Previous Meeting Minutes: December 20, 2016
The minutes were approved as presented.
Page 2 of 4
New Business:
1. PW 2017-01 Snow Operations Report
Mr. Dhuse said snow had fallen at night on the day he turned in the report and those removal efforts
will be shown on the next quarterly report. Chairman Funkhouser asked if signs indicating “liquid
salt”could be placed on the rear of the brine trucks. Mr. Dhuse said he would research signs that warn
drivers to stay back a certain number of feet. The brine is working very well, but the anti-icing system
is still being refined. Information only.
2. PW 2017-02 Water Department Reports for October-December 2016
This is the quarterly water report with a few watermain breaks reported. Since the EPA requires these
reports, it moves to the City Council consent agenda on February 21.
3. PW 2017-03 Stagecoach Crossing Acceptance of Public Improvements
Engineer Sanderson said the City had an agreement with Midwest Bank for completion of
improvements. The water and sewer work has now been finished and the bank is asking for acceptance
which he is recommending. He is also recommending release of the maintenance agreement. This
moves to the February 21 Council consent agenda.
4. PW 2017-04 Bristol Bay Unit 3 Acceptance of Public Improvements
All punchlist items have been completed by Pulte and approval is recommended. Watermain, sanitary
and storm sewer work was done. Mr. Sanderson said he felt the 10% maintenance agreement should be
held at this time. This moves to the February 21 Council consent agenda.
5. PW 2017-05 Bond/LOC Reduction Summary
This is for information at this time, no discussion or comments.
6. PW 2017-06 Capital Improvement Project Update
This is the quarterly update and Mr. Sanderson highlighted some of the projects. The watermain and
binder course are done in Countryside and work will resume in April with a completion date set for
June. The Wrigley project was delayed due to ComEd issues which are being addressed. There were
some delivery issues for the lighting and the work should be done in 2-4 weeks from this date. The
Kennedy Road project has been approved and an agreement is needed between the City and the
railroad. Bid-letting is anticipated in April. Other projects are in various stages at this time and some
bid-lettings are coming soon. For information at this time.
7. PW 2017-07 MFT Resolution for 2017 Road to Better Roads Program
MFT and City funds have been used for these projects and will continue to be used. The proposed
budget is $300,000 using MFT funds and a resolution must be passed before project submittal to IDOT.
This moves to the February 21 consent agenda.
8. PW 2017-08 Downtown Sidewalk and Fencing Replacement RFP
Ms. Kathman said an RFP has been drafted to replace fencing and sidewalk by the Law Office. There
was further discussion of the type and design of fencing and the height. Some sidewalk on W. Van
Emmon by the Groner residence will also be replaced. No fence is required due to the slope and drop,
however, it was suggested that a row of hedges could be replaced there. This moves to the Council
consent agenda for February 21.
Page 3 of 4
9. PW 2017-09 Riverfront Park Testing Results
Mr. Olson reported on the additional soil testing and said there was more contamination on the east side
of the park, than on the west side. Some contamination was removed and the environmental engineer
said remediation rather than encapsulation should be done in the playground area. Three optional
spots were chosen for the playground location pending additional testing. Alderman Milschewski
asked if the playground could change to a former location depending on the results. Park personnel
would prefer the location be farther west if necessary, to better accommodate festivals. Testing will
continue.
Old Business:
1. PW 2016-84 Well No. 3 Abandonment – Layne Proposal
At the December meeting, staff recommended a formal request from Layne which has been received.
Mr. Sanderson said the proposal is for $37,450 and if the City turns over the pump and motor to them,
they will cancel the decommissioning cost. Layne would also credit $1,894 for salvageable material.
Mr. Sanderson recommended approval of the proposal. These costs do not include building removal.
This moves to the February 21 consent agenda.
2. PW 2014-74 Railroad Quiet Zones
Alderman Milschewski asked if the staff could research how many trains go through the other towns
per day, compared to the City. Mr. Olson said the number of trains has increased, however, railroads
are not required to provide the exact numbers or schedules.
The quiet zone study would cost the City $200,000 per crossing and there are about 16 crossings.
Alderman Koch asked if the first part of the study would give an indication of the funds available if
crossings were closed. It is thought there would be some idea of financial help. Businesses and future
downtown development could be impacted greatly due to closures. Alderman Funkhouser questioned
the cost of closing crossings vs. the lesser amount of money that has been spent on road improvements.
He asked if closures would improve quality of life and if the amount of money spent is worth it.
Alderman Milschewski said she is opposed to spending the money for a study and people who purchase
houses know where the train tracks are located. She said the number of trains could potentially
decrease someday. She feels if this moves forward, it would be undertaken for a limited number of
residents. Alderman Koch said he also did not favor the study.
Resident Ray Wolson noted a difference in the horns depending on the train/engineer. He asked what
criteria/guidelines are followed and suggested that it be researched before money is spent. Aldermen
said that some engineers keep sounding the horn when crossings are close together and that speed and
distance affect the length of the horn-sounding. Ms. Milschewski also suggested some engineers may
sound the horn longer/louder based on a bad experience or for objects on the tracks.
Carol Hirsch commented that Silica Sand has just purchased 350 more acres for sand and believes there
could be an increase in the number of trains. Another resident asked why the cost is so great per
crossing for a quiet zone. Tim Weidner replied that current equipment has to be replaced with gates
and other security equipment.
Ms. Milschewski questioned liability in a quiet zone in the event of an accident. It was thought all
responsibility would fall on the City in such a case since the City would be changing the railroad
policies.
Page 4 of 4
In conclusion, Chairman Funkhouser said this issue has been discussed several years with much careful
thought. The committee felt the matter should be tabled, largely due to costs. Ms. Milschewski asked
staff to research horn-sounding regulations for information for the public.
3. PW 2016-21 Leopardo Energy Update
Mr. Olson said the RFP document has been submitted. Oswego has identified possible partnerships on
a couple projects and interviews are proceeding next week on a shared purchasing manager. A shared
antenna tower for reading water meters, water plant and fueling station were other potential ventures.
Chairman Funkhouser suggested that some of the joint projects would not be feasible. He cited a need
for solutions for some of the issues that have been pending such as Beecher Center and fleet problems
and wants to start facilitating some of these issues.
Mr. Funkhouser said in discussions last month, department head input was requested, however, that
was not made available due to time constraints. If this program can save the City money, he feels it is
worth the time spent. He said the contractor has an obligation to perform to save the City money.
Mr. Olson said he had big concerns about this program. He found that other communities had issues
with the time spent on vendor contact. The communities are saying it's a good process and possibly
saves money, but other items could happen with a simple change in-house. He feels that much time has
already been put into this project and wants to delay future time investments to the new Purchasing
Manager. Aldermen Koch and Funkhouser asked to have the full Council consider this proposal.
Alderman Milschewski asked about delaying any further decisions until the Purchasing Manager is on
board sometime in March. Mr. Funkhouser said this project could involve policy decisions and budget
discussions.
The cost was also considered. Savings are determined on a project- by- project basis. The savings is
the funding mechanism of the project and the guarantee of the savings comes from the contractor.
Water meters and lighting were two projects cited for potential savings. It was noted that the City
could take on these projects internally and still save money.
This item will come back to committee on March 21st and a shorter presentation will be scheduled for
an upcoming Council meeting. It was recommended to have the future Purchasing Manager write a
new RFQ.
Additional Business:
Alderman Koch said the potholes fixed on Greenbriar and N. Walsh need to be re-filled. Mr. Dhuse
said it was likely re-done today. Mr. Koch asked about getting these streets on the schedule for future
improvements.
There was no further business and the meeting was adjourned at 7:43pm.
Minutes respectfully transcribed by
Marlys Young, Minute Taker
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #1
Tracking Number
PW 2017-10
Snow Operations Report
Public Works Committee – February 21, 2017
None – Informational only.
Monthly update of snow removal operations.
Eric Dhuse Public Works
Name Department
Summary
Snow removal events since January 9, 2017 are as follows:
1. Jan 9th 6:00-9:00 pm. Full crew salting. Minor snowfall led to slick roads, no need to
plow, salt only.
2. Jan 11th 3:30-5:30pm. Full crew salting. Minor icing on roadways, no plowing needed.
3. Jan 12th 7:00am- 3:30pm. Full crew salting. Temps cold enough to freeze rain to the
roadway. Icing sporadic but enough to have the full crew salt all roadways. We also
wanted to be prepared for the overnight hours when temps fall and any non-treated areas
would freeze.
4. Jan 16th one employee called in to salt for an accident on Baseline Rd. Checked and
salted where needed throughout town. 4 hour call in.
5. Jan. 26th 7:00am-11:00am street department (5 trucks) spot salted areas such as
intersections and hills to prevent icing.
6. February 8th two trucks 7:00-11:00am, south side only. 6 trucks 2:00-3:30 as precaution
due to snow during the day and falling temps forecast for overnight.
We have taken our full allotment of salt for the year through the state bid purchase. We
currently have approximately 300 tons on hand and 1000 tons in storage through Kendall
County.
Memorandum
To: Public Works Committee
From: Eric Dhuse, Director of Public Works
CC: Bart Olson, Administrator
Date:
Subject: Snow removal update
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #2
Tracking Number
PW 2017-11
Caledonia Subdivision – Phase 1 and 2
Public Works Committee – February 21, 2017
Consideration of Approval
Subdivision Acceptance Consideration
Brad Sanderson Engineering
Name Department
The developer has requested that the City accept the public improvements for ownership and
maintenance.
All work related to the public improvements, including punch list work has been completed. We
recommend that the public improvements (water main, sanitary sewer, storm sewer, paving, sidewalk,
street lighting and parkway trees) as described in the attached Bill of Sale be accepted for ownership and
maintenance by the City.
As required by City Code, the developer will be responsible to provide a performance guarantee to cover
the one year maintenance period. This period starts after the City formally accepts the improvements.
Along with final acceptance, there is a letter of credit reduction to 10% of the value of the public
improvements (Maintenance Guarantee).
The existing and new letter of credit amounts are as follows:
Current Phase 1 Letters of Credit
Old Second Bank No. 2912 $615,430.05
Old Second Bank No. 2927 $57,151.80
Total Value $672,581.85
Original Approved EOPC $4,233,856.88
Required Letter of Credit Value (10% of Original) $423,385.69
Net Allowable Reduction $249,196.16
Current Phase 2 Letters of Credit
Old Second Bank No. 2968 $231,177.75
Old Second Bank No. 309000356 $69,866.50
Total Value $301,044.25
Original Approved EOPC $1,342,298.92
Required Letter of Credit Value (10% of Original) $134,229.89
Net Allowable Reduction $166,814.36
Upon City Council approval of the acceptance and the receipt of the executed Bill of Sale and new letters
of credit, the existing securities may then be released. If you have any questions or require additional
information, please call.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: February 3, 2017
Subject: Caledonia Phase 1 and 2
1
BILL OF SALE
Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt
hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City
of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois
60560, the following personal property to wit described in Exhibit A attached hereto for the
development know as Caledonia – Phase 1 and 2, and generally shown on Exhibit B.
Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said
property, that said property is free and clear of all liens, charges and encumbrances, and that
Seller has full right, power, and authority to sell said property and to make this Bill of Sale.
IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at
___________________________________, this _____ day of _______________, 20__.
Subscribed and Sworn to
before me this _____ day
of _____________, 20__.
_______________________
Notary Public
EXHIBIT A
CALEDONIA - PHASE 1
UNITED CITY OF YORKVILLE
UNIT QUANTITY
ROADWAY UNIT QUANTITY
FOOT 1,848 FOOT 840
FOOT 2,880 FOOT 1278
FOOT 1,910 FOOT 332
FOOT 806 FOOT 440
FOOT 418 FOOT 470
FOOT 601 FOOT 800
FOOT 1,247 FOOT 352
FOOT 601 FOOT 880
FOOT 418
FOOT 346
FOOT 785
FOOT 290
FOOT 945
EACH 1
EACH 3
EACH 1
EACH 2
EACH 11
EACH 15
EACH 4
EACH 1
EACH 1
EACH 29
EACH 54
EACH 30
EACH 2
EACH 1
EACH 1
EACH 1
EACH 1
EACH 73
EACH 2
EACH 2
PINEWOOD DRIVE
RYAN DRIVE
RYAN CIRCLE
BOOMBAH BOULEVARD
FONTANA DRIVE
LONGVIEW DRIVE
SHADOWN WOOD DRIVE
CALEDONIA DRIVE
FLARED END SECTION, W/ GRATE, 18"
FLARED END SECTION, W/ GRATE, 15"
STORM SERVICE, PVC SDR 26, 6"
CONNECT TO EX, CB/MH
HEADWALLS, WHEATON AVE
CATCH BASIN, 60" DIA
CATCH BASIN, 48" DIA
INLETS, 24" DIA
FLARED END SECTION, W/ GRATE, 42"
FLARED END SECTION, W/ GRATE, 36"
FLARED END SECTION, W/ GRATE, 30"
STORM MANHOLE, 84" DIA
STORM MANHOLE, 72" DIA
STORM MANHOLE, 60" DIA
STORM MANHOLE, 48" DIA
CATCH BASIN, 84" DIA
CATCH BASIN, 72" DIA
STORM SEWERS, RCP, CL IV, 54"
STORM TRENCH BACKFILL > 18" DIA
STORM TRENCH BACKFILL < 18" DIA
STORM MANHOLE, 120" DIA
STORM MANHOLE, 108" DIA
STORM MANHOLE, 96" DIA
STORM SEWERS, RCP, CL IV, 24"
STORM SEWERS, RCP, CL IV, 27"
STORM SEWERS, RCP, CL IV, 30"
STORM SEWERS, RCP, CL IV, 36"
STORM SEWERS, RCP, CL IV, 42"
STORM SEWERS, RCP, CL IV, 48"
UTILITIES
STORM SEWER CONSTRUCTION
STORM SEWERS, RCP, CL IV, 12"
STORM SEWERS, RCP, CL IV, 15"
STORM SEWERS, RCP, CL IV, 18"
STORM SEWERS, RCP, CL IV, 21"
EXHIBIT A
CALEDONIA - PHASE 1
UNITED CITY OF YORKVILLE
EACH 30
FOOT 880
FOOT 1,800
FOOT 6,040
EACH 25
EACH 48
EACH 2
EACH 3
EACH 18
EACH 2
EACH 2
FOOT 800
FOOT 433
FOOT 256
FOOT 4,590
FOOT 1,971
EACH 1
EACH 25
EACH 10
EACH 46
EACH 27
FOOT 45
FOOT 264
FOOT 240
EACH 1
EACH 23
ROADWAY CONSTRUCTION
SQ FT 53,710
SQ FT 7,440
PCC SIDEWALK
PCC SIDEWALK ACROSS DRIVEWAY
SANITARY TRENCH BACKFILL (<10' DEEP)
CONNECT TO EX MANHOLE
MISCELLANOUS UNDERGROUND CONSTRUCTION
STREETLIGHTS COMPLETE WITH CABLE
SANITARY MANHOLE, TYPE A, 48" DIA (10'-15' DEEP
SANITARY MANHOLE, TYPE A, 48" DIA (<10' DEEP)
SANITARY SEWER SERVICE (LONG)
SANITARY SEWER SERVICE (SHORT)
SANITARY TRENCH BACKFILL (> 15' DEEP)
SANITARY TRENCH BACKFILL (10'-15' DEEP)
SANITARY SEWER CONSTRUCTION
SANITARY SEWER, PVC SDR 26, 10", (10'-15' DEEP)
SANITARY SEWER, PVC SDR 26, 8", (15'-20' DEEP)
SANITARY SEWER, PVC SDR 28, 8", (10'-15' DEEP)
SANITARY SEWER, PVC SDR 28, 8", (<10' DEEP)
SANITARY MANHOLE, TYPE A, 48" DIA (15'-20' DEEP
VALVE, 16" IN 60" VAULT
VALVE, 12" IN 60" VAULT
VALVE, 8" IN BOX
PLUG AND BLOCK STUB
CONNECT TO EXISTING STUB
TRENCH BACKFILL
FIRE HYDRANTS WITH AUXILIARY VALVE & BOX
WATER MAIN, DI CL 52 W/ FITTINGS, 16"
WATER MAIN, DI CL 52 W/ FITTINGS, 12"
WATER MAIN, DI CL 52 W/ FITTINGS, 8"
WATER SERVICE W/ B-BOX (LONG)
WATER SERVICE W/ B-BOX (SHORT)
WATER MAIN CONSTRUCTION
EXHIBIT A
CALEDONIA - PHASE 2
UNITED CITY OF YORKVILLE
UNIT QUANTITY
ROADWAY UNIT QUANTITY
FOOT 1,282 FOOT 474
FOOT 561 FOOT 1465
FOOT 748 FOOT 954
FOOT 75 FOOT 1165
FOOT 550
FOOT 241
FOOT 659
FOOT 198
FOOT 148
FOOT 619
EACH 1
EACH 1
EACH 3
EACH 4
EACH 2
EACH 5
EACH 19
EACH 20
EACH 1
EACH 49
EACH 15
FOOT 1,385
FOOT 2,475
EACH 43
EACH 29
EACH 4
EACH 4
EACH 3
EACH 1
FOOT 290
FOOT 778
FOOT 1,610
EACH 5
EACH 6
EACH 29
EACH 43
FOOT 85
CALEDONIA DRIVE
LAUREN DRIVE
BOOMBAH BOULEVARD
SHADOWN WOOD DRIVE
STORM TRENCH BACKFILL < 18" DIA
STORM SEWERS, RCP, CL IV, 21"
STORM SEWERS, RCP, CL IV, 24"
STORM SEWERS, RCP, CL IV, 27"
STORM SEWERS, RCP, CL IV, 36"
STORM SEWERS, RCP, CL IV, 42"
STORM TRENCH BACKFILL > 18" DIA
UTILITIES
STORM SEWER CONSTRUCTION
STORM SEWERS, RCP, CL IV, 12"
STORM SEWERS, RCP, CL IV, 15"
STORM SEWERS, RCP, CL IV, 18"
FIRE HYDRANTS WITH AUXILIARY VALVE & BOX
STORM MANHOLE, 96" DIA
STORM MANHOLE, 84" DIA
STORM MANHOLE, 72" DIA
STORM MANHOLE, 60" DIA
STORM MANHOLE, 48" DIA
CATCH BASIN, 60" DIA
CATCH BASIN, 48" DIA
INLETS, 24" DIA
FLARED END SECTION, W/ GRATE, 42"
STORM SERVICE, PVC SDR 26, 6"
WATER MAIN CONSTRUCTION
SANITARY SEWER, PVC SDR 26, 8", (<10' DEEP)
WATER MAIN, DI CL 52 W/ FITTINGS, 12"
WATER MAIN, DI CL 52 W/ FITTINGS, 8"
WATER SERVICE W/ B-BOX (LONG)
WATER SERVICE W/ B-BOX (SHORT)
VALVE, 12" IN 60" VAULT
VALVE, 8" IN BOX
PLUG AND BLOCK STUB
CONNECT TO EXISTING STUB
TRENCH BACKFILL
SANITARY SEWER CONSTRUCTION
SANITARY SEWER, PVC SDR 26, 8", (10'-15' DEEP)
SANITARY MANHOLE, TYPE A, 48" DIA (10'-15' DEE
SANITARY MANHOLE, TYPE A, 48" DIA (<10' DEEP)
SANITARY SEWER SERVICE (LONG)
SANITARY SEWER SERVICE (SHORT)
SANITARY TRENCH BACKFILL (<10' DEEP)
EXHIBIT A
CALEDONIA - PHASE 2
UNITED CITY OF YORKVILLE
EACH 11
ROADWAY CONSTRUCTION
SQ FT 30,470
SQ FT 4,800
MISCELLANOUS UNDERGROUND CONSTRUCTION
STREETLIGHTS COMPLETE WITH CABLE
PCC SIDEWALK
PCC SIDEWALK ACROSS DRIVEWAY
CorneilsBoombahRyanLaurenCaledoniaShadow WoodPinewoodLongviewCommercialFontanaEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.conLOCATION MAPDATE:JANUARY 2017United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usCALEDONIAUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO1231PATH:H:/GIS/PUBLIC/YORKVILLE/2012/YO1231- CALEDONIA.MXDFILE:fffääNORTHPhase Boundaries600 0 600300 FeetPhase 2Phase 1Phase 2
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
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City Administrator
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Community Development
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Agenda Item Number
New Business #3
Tracking Number
PW 2017-12
Blackberry Woods Subdivision – Phase A
Public Works Committee – February 21, 2017
Consideration of Approval
Subdivision Acceptance Consideration
Brad Sanderson Engineering
Name Department
All work related to the public improvements (except for storm water management basins),
including any punchlist items is complete. If you recall, the City contracted for the remaining
punchlist work while utilizing developer funds to complete.
Attached is the draft Bill of Sale for the development. We recommend that the improvements
(storm sewer, sanitary sewer, water main, street lights and sidewalk) as described in the attached
Bill of Sale be accepted for ownership and maintenance by the City.
Since the City utilized developer funds to complete the work, there will not be a one year
maintenance period. If you have any questions or require additional information, please call.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: February 3, 2017
Subject: Blackberry Woods Subdivision – Phase A
1
BILL OF SALE
Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt
hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City
of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois
60560, the following personal property to wit described in Exhibit A attached hereto for the
development know as Blackberry Woods – Phase A, and generally shown on Exhibit B.
Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said
property, that said property is free and clear of all liens, charges and encumbrances, and that
Seller has full right, power, and authority to sell said property and to make this Bill of Sale.
IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at
___________________________________, this _____ day of _______________, 20__.
Subscribed and Sworn to
before me this _____ day
of _____________, 20__.
_______________________
Notary Public
EXHIBIT A
BLACKBERRY WOODS SUBDIVISION - PHASE A
UNITED CITY OF YORKVILLE
UNITS QUANTITY
FOOT 483
FOOT 4,521
FOOT 729
FOOT 230
FOOT 349
FOOT 600
FOOT 460
FOOT 10
EACH 3
EACH 24
EACH 7
EACH 1
EACH 3
EACH 1
EACH 1
EACH 132
CU YD 4,085
FOOT 8,449
EACH 27
EACH 19
EACH 132
EACH 3
CU YD 1,622
FOOT 5,614
FOOT 1,556
FOOT 1,057
FOOT 772
FOOT 1,216
FOOT 273
EACH 13
EACH 30
EACH 3
EACH 1
EACH 22
EACH 3
EACH 5
EACH 5
EACH 2
EACH 3
EACH 18
EACH 7
STORM MH, TY A 4' DIA W/ R-2502 FR & GRATE
STORM MH, TY A 5' DIA W/ TY 1 FR & CL
SAN SEWER, 8" PVC SDR 21, 12-16' DEEP
CATCH BASIN, TY A 4' DIA W/ TY 3 FR & GRATE
CATCH BASIN, TY A 5' DIA W/ TY 3 FR & GRATE
STORM MH, TY A 4' DIA W/ TY 1 FR & CL
STORM MH, TY A 4' DIA W/ TY 3 FR & GRATE
STORM MH, TY A 4' DIA W/ TY 8 GRATE
STORM MH, TY A 4' DIA W/ TY 3 FR & CL
STORM SEWER, 24" RCP, CL I
STORM SEWER, 27" RCP, CL I
INLET TY A 2' DIA W/ TY 3 FR & GRATE
INLET TY A 2' DIA W/ R-2502 FR & GRATE
INLET TY A 2' DIA W/ TY 8 GRATE
CATCH BASIN, TY C 2' DIA W/ TY 3 FR & GRATE
TRENCH BACKFILL
STORM SEWER IMPROVEMENTS
STORM SEWER, 12" RCP, CL I
STORM SEWER, 15" RCP, CL I
STORM SEWER, 18" RCP, CL I
STORM SEWER, 21" RCP, CL I
WATER TIGHT PLUG & BLOCKING
SAN MH 4', TY A W/ TY 1 FR & SS LID, 16-20' DEEP
SAN MH 4', TY A W/ TY 1 FR & SS LID, 24-28' DEEP
SAN MH 4', TY A W/ TY 1 FR & SS LID, 20-24' DEEP W/ DROP S
SAN MH 4', TY A W/ TY 1 FR & SS LID, 28-32' DEEP W/ DROP S
SANITARY SERVICE, 6" PVC SDR 26 (COMPLETE)
TRENCH BACKFILL
WATERMAIN IMPROVEMENTS
DIWM 8", CL 52 W/ POLYETHYLENE WRAP
HYDRANT W/ AUX VALVE
8" VALVE IN 4' VAULT
WATER SERVICE 1 1/4", TY K W/ BOX
SAN MH 4', TY A W/ TY 1 FR & SS LID, 12-16' DEEP
UTILITIES
SANITARY SEWER IMPROVEMENTS
SAN SEWER, 8" PVC SDR 26, 4-8' DEEP
SAN SEWER, 8" PVC SDR 26, 8-12' DEEP
SAN SEWER, 8" PVC SDR 26, 12-16' DEEP
SAN SEWER, 8" PVC DR 18, 4-8' DEEP
SAN SEWER, 8" PVC DR 18, 20-24' DEEP
SAN SEWER, 8" PVC DR 18, 24-28' DEEP
SAN SEWER, 10" PVC DR 18, 12-16' DEEP
SAN MH 4', TY A W/ TY 1 FR & SS LID, 4-8' DEEP
SAN MH 4', TY A W/ TY 1 FR & SS LID, 8-12' DEEP
EXHIBIT A
BLACKBERRY WOODS SUBDIVISION - PHASE A
UNITED CITY OF YORKVILLE
EACH 6
EACH 1
EACH 4
EACH 2
EACH 4
EACH 2
EACH 1
EACH 2
EACH 100
CU YD 1,086
FOOT 190
FOOT 1,092
FOOT 140
FOOT 26
FOOT 138
FOOT 128
EACH 2
EACH 2
EACH 5
EACH 1
EACH 3
EACH 1
EACH 1
EACH 1
EACH 1
CU YD 70
EACH 20
EACH 5
SIDEWALK IMPROVEMENTS
PCC SIDEWALK, 5 THICK - 5' WIDTH SQ FT 78,848
TRENCH BACKFILL
STREET LIGHTING IMPROVEMENTS
150 WATT HPS (CLEAR) LUMIN STD 19'-9" MOUNTING HEIGHT
150 WATT HPS (CLEAR) LUMIN STD 19'-9" MOUNTING
HEIGHT W/ SIGN
STORM MH, TY A 4' DIA W/ TY 3 FR & CL
STORM MH, TY A 5' DIA W/ TY 1 FR & CL
STORM MH, TY A 6' DIA W/ TY 1 FR & CL
FLARED END SECTION, 36" RCP W/ GRATE
SLOPE INLET BOX (24" RCP) - TY 600 W/ GRATE
SLOPE INLET BOX (30" RCP) - TY 600 W/ GRATE
STORM MH, TY A 4' DIA W/ TY 1 FR & CL
TRENCH BACKFILL
MASS-GRADING STORM SEWER IMPROVEMENTS
STORM SEWER, 6" PVC, SDR 26
STORM SEWER, 12" RCP, CL I
STORM SEWER, 18" RCP, CL I
STORM SEWER, 24" RCP, CL I
STORM SEWER, 30" RCP, CL I
STORM SEWER, 36" RCP, CL I
INLET TY A 2' DIA W/ R-2502 FR & GRATE
CATCH BASIN, SPECIAL 5' DIA W/ TY A FR & CL
STORM MH, TY A 6' DIA W/ TY 1 FR & CL
FLARED END SECTION, 12" RCP W/ GRATE
FLARED END SECTION, 15" RCP W/ GRATE
FLARED END SECTION, 24" RCP W/ GRATE
FLARED END SECTION, 27" RCP W/ GRATE
SUMP PUMP CONNECT 6" PVC
STORM MH, TY A 5' DIA W/ TY 3 FR & GRATE
STORM MH, TY A 5' DIA W/ TY 8 GRATE
STORM MH, TY A 5' DIA W/ R-2502 FR & GRATE
CarlyCannonballPurcellIndependenceC o d y
BeecherPatrickCornellEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.conBLACKBERRY WOODSLOCATION MAPDATE:JANUARY 2017United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usPHASE AUNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATEREVISIONSPROJECT NO.:YO1217PATH:H:/GIS/PUBLIC/YORKVILLE/2016/YO1603- BLACKBERRY WOODS .MXDFILE:fffääNORTHPhase Boundary4000400200FeetPhase BPhase A
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
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Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
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City Administrator
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Agenda Item Number
New Business #4
Tracking Number
PW 2017-13
RFP for hot mix and cold patch
Public Works Committee – February 21, 2017
Majority
Approval
RFP results for yearly purchase of hot mix and cold patch as required by IDOT.
Eric Dhuse Public Works
Name Department
Summary
Bids for Hot mix asphalt (HMA) and Bituminous premix for maintenance use (cold
patch) were opened and read aloud on Wednesday February 15, 2017 at 11:00am.
Background
This is the second year that the city has gone to an RFP process to procure hot mix
asphalt and cold patch due to the fact that we plan on spending more than $20,000 with one
company on materials even though they are technically different products. I believe this is a
good process to ensure fair pricing for everyone.
We had three (3) bidders this year which were D Construction, Geneva Construction, and
Builders Asphalt. We have worked with all three companies for many years and have good
relationships with all of them. This year, the winning bidder was Geneva Construction Company
of Aurora, Illinois. I have attached the bid tabulation for your review.
Recommendation
I recommend that we approve the bid from Geneva Construction Co. for fiscal year 18 in
our supplemental general maintenance resolution 18-00000-00 GM. The rates for the material
are:
Hot Mix Asphalt - $54.00 /ton
Cold Patch - $105.00/ton
The aggregate price difference between last year and this year was an increase of
$900.00. I believe this shows that all the bidders were very competitive and we are getting the
most for our dollar.
I would ask that this be placed on the February 21, 2017 public works committee for
discussion. If you have any questions or need further information, please let me know.
Memorandum
To: Public Works Committee
From: Eric Dhuse, Director of Public Works
CC: Bart Olson, Administrator
Date: February 15, 2017
Subject: Hot mix and cold patch bid results
2/15/2017
11:00 AM
ED, JS
Approx
Item Quantity Unit Price Approximate Cost
Hot Mix Asphalt 200 TON $54.00 $10,800.00
Bit. Premix (cold Patch) 150 TON $105.00 $15,750.00
VENDOR TOTAL $26,550.00
Approx
Item Quantity Unit Price Approximate Cost
Hot Mix Asphalt 200 TON $46.00 $9,200.00
Bit. Premix (cold Patch) 150 TON $125.00 $18,750.00
VENDOR TOTAL $27,950.00
Approx
Item Quantity Unit Price Approximate Cost
Hot Mix Asphalt 200 TON $50.00 $10,000.00
Bit. Premix (cold Patch) 150 TON $120.00 $18,000.00
VENDOR TOTAL $28,000.00
Coal City, IL 60416
Geneva Construction Co.
P.O.Box 998
BID TABULATION RESULT
Hot mix asphalt and Bituminous premix for maintenance use
Aurora, IL 60507
Builders Asphalt, LLC
4413 Roosevelt Rd Suite 108
Hillside, IL 60162
D Construction
1488 S. Broadway
United City of Yorkville, Illinois
Request for Proposal
Hot Mix Asphalt and
Bituminous Premix for
Maintenance Use
February 2017
Request for Proposals
1. The United City of Yorkville, Illinois (the “City”) is issuing this Request for Proposal
(“RFP”) for the purpose of soliciting vendor proposals for Hot Mix Asphalt (HMA) and
Bituminous premix for maintenance use proprietary mixes (Cold Patch)
2. The City intends to seek the most cost-effective solution, based on the Criteria contained
in this RFP, for its needs.
3. One original and one copy of the proposal will be accepted until 11:00 am Wednesday
February 15, 2017. 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. Proposals may also be hand-delivered to the following 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. All proposals should be addressed to:
United City of Yorkville
Re: (vendor name)
Proposal for HMA and Cold Patch
Attention: Eric Dhuse
800 Game Farm Rd.
Yorkville, Illinois 60560
Proposal packets are available online at www.yorkville.il.us or at the United City of
Yorkville city hall which is located at 800 Game Farm Rd., Yorkville, Illinois.
5. Award of Contract. The United City of Yorkville City Council will make the final award of
the proposal or contract.
6. Contract. In addition to the completed proposal, a resulting contract shall be required by the
City, and may require 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.
7. Confidentiality of Documents. Proposals shall be unopened 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.
8. Contact with City Employees. In order to ensure fair and objective evaluation, all questions
related to this RFP should be addressed only to Eric Dhuse, Director of Public works. His
contact information is as follows:
Email – edhuse@yorkville.il.us
Cell – 1-630-878-7102
Conditions
1. Cold patch shall be made available at all times throughout the year with 72 hour notification.
2. There will be no charge to the City for dumping used clean asphalt at winning vendor’s site.
The vendor will have the right to reject the load if there is too much foreign matter or debris
mixed in with the asphalt.
Criteria
1. All mixes shall be IDOT approved and verification must be provided by the winner bidder.
2. Please see attached sheets for basic IDOT mix designs and criteria.
BID SHEET
Price per ton for Hot Mix Asphalt (Surface Mix) as described herein. Yorkville will pick up said
asphalt at winning vendor’s place of distribution during normal working hours. The City estimates
that they will purchase approximately 200 tons of this mix. There is NO guarantee of this quantity,
it is strictly an estimate garnered from past usage.
HOT MIX ASPHALT $____________ /TON
Price per ton for Bituminous Premix for Maintenance Use (cold patch) as described herein.
Yorkville will pick up said cold patch at winning vendor’s place of distribution during normal
working hours. The City estimates they will purchase approximately 150 tons of this mix. There is
NO guarantee of the quantity, it is strictly an estimate garnered from past usage.
BITUMINOUS PREMIX FOR MAINTENANCE USE (COLD PATCH) $_____________ /TON
____________________________ ____________________________
Signature of Authorized Agent Date
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
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Community Development
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Agenda Item Number
New Business #5
Tracking Number
PW 2017-14
Fox Hill and Sunflower SSA mowing and maintenance RFP contract proposal
Public Works Committee – February 21, 2017
Majority
Approval
Proposed 3 year contract to maintain the SSA areas of Fox Hill and Sunflower
Estates subdivisions
Eric Dhuse Public Works
Name Department
Summary
The three (3) year contract for mowing and maintenance of the SSA areas of Fox Hill and
Sunflower Estates expired in November of 2016. I am proposing to solicit new proposals for
another three (3) year contract. If approved, this contract would be in effect from April 1, 2017-
November 30, 2019.
Background
Fox Hill chose not to form their HOA in 2004 and Sunflower Estates chose not to form
their HOA in 2007 for varying reasons. When that happened, the backup SSA was activated by
the city and we became the responsible party for the maintenance of all common areas in these
subdivisions. Since those respective times, we have solicited and accepted many proposals for
mowing and maintenance of the common areas of these subdivisions.
In addition to selecting a vendor, I would also recommend that the committee discuss the
possibility of using a professional property management company to administer the contract and
provide the necessary oversight to the contractor along with detailed weekly documentation to
the city that will ensure a quality product for the residents of these subdivisions. As of now the
city has always performed these duties and absorbed the cost, in time spent, to administer these
contracts. Below, please find a list of items and a brief description along with an estimate of
time spent each year to administer the contract.
1. RFP preparation – for years these were single year contracts that written, edited, proof
read by legal and put forward for votes every year. It wasn’t until 2014 that we extended
the contract to a term of 3 years. On average, I would estimate that I spent 4 hours and
our attorney spent 1 hour preparing the document.
2. Administration of RFP documents – Each year I would have to advertise in the local
newspapers, answer bid questions, distribute addendums if necessary, hold bidder’s
meetings for questions, collect and open bids, prepare bid tabulation sheets, compose
recommendation letters for council approval, mail bid tabulation sheets to all bidders and
meet with winning contractor to go over the specifications to make sure that all aspects of
the contract are agreed upon. My estimated time for that would be a minimum of 2 hours
per year. If there were any questions that I needed legal advice on, that would add an
hour of my time and our attorney’s time as well.
3. Preparing a budget for the SSA areas- each year I work with the finance department and
administrator to complete a budget estimate for both SSA areas. In recent years, this has
Memorandum
To: Public Works Committee
From: Eric Dhuse, Director of Public Works
CC: Bart Olson, Administrator
Date: February 7, 2017
Subject: Fox Hill and Sunflower SSA mowing and maintenance RFP
become more complicated with multiyear planning to pay for large projects such as pond
naturalization and trail patching and sealing. I would estimate that this takes 4 hours of
my time every year and an additional 2 hours for the Finance Director and 2 hours for the
City Administrator.
4. Preparing and filing the levy – each year a formal levy is prepared and filed with Kendall
County per the law. The time estimated to do this is 1 hour for the Finance Director and
1 hour for the Deputy City Clerk.
5. Contractor interaction – each year I try to interact with the contractor on a bi-weekly
basis by email, phone or text. It may be as short as “is everything going ok?” or we have
met on site to discuss different items. I would estimate that this would be 4 hours total
time throughout the year.
6. Resident calls – this has varied from an hour a day when things aren’t going well to an
hour a week when we had new contractors every year to an hour a month when things are
going well. I would estimate that it averages ½ hour per week over the course of a season
which equates to 16 hours. This past year, I spent at least that amount of time on the Fox
Hill entry sign when dealing with IDOT on the purchase of said sign.
7. Service level oversight – each week I drive through each SSA area and assess the quality
of work that the contractor is providing, look for possible problems (weeds, lack of
mulch, trees that need trimming, sign maintenance, etc.) and try to maintain a sense of
what is happening each week. I would estimate 28 hours to accomplish this task.
8. Special projects – I estimate that I spend an average of 8 hours per year on special
projects such as trail patching and sealing and pond naturalization.
In total, I spend approximately 88 hours per year to administer these contracts. In
addition to my time, there is time spent by our City Attorney, Finance Director and Deputy
Clerk.
Recommendation
My recommendation is to solicit requests for proposals and choose a vendor to mow and
maintain these areas for the next three (3) mowing seasons. In addition, it would be my
recommendation to solicit proposals to have a professional management company administer the
contract for its duration on a day to day basis. The city would still be responsible for assessing
and levying for the program and would have final say in decisions regarding any additional
expenditures that are not outlined in the contract we would draft with the winning vendor.
I would ask that this be placed on the February 21, 2017 public works committee meeting
for discussion. If you have questions or need further documentation, please let me know.
United City of Yorkville, Illinois
Request for Proposal
Mowing and Maintenance of the Sunflower Estates and
Fox Hill Subdivisions Special Service Areas
February 2017
Request for Proposals
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 certain areas
in the Sunflower Estates and Fox Hill subdivisions Special Service Areas to serve the current and
projected needs of the City.
2. The City intends to seek the most cost-effective solution, based on the Criteria contained in this
RFP, for its needs.
3. One original and one copy of the proposal will be accepted until 12:00 p.m., on Friday, March
10, 2017. 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. All inquiries shall only be addressed at a meeting open to all potential bidders with Eric Dhuse,
Director of Public Works of the United City of Yorkville to be held Monday, March 3, 2017 at
10:00 AM at the United City of Yorkville City Council chambers, 800 Game Farm Road
Yorkville, Illinois.
5. Proposals may also be hand-delivered to the following 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. All proposals
should be addressed to:
United City of Yorkville
Re: (vendor name)
Proposal for Fox Hill and Sunflower Estates subdivisions Special Service Areas Mowing and
Maintenance
Attention: Eric Dhuse, Director of Public Works
800 Game Farm Rd.
Yorkville, Illinois 60560
Proposal packets are available online at www.yorkville.il.us or at the United City of Yorkville
city hall which is located at 800 Game Farm Rd., Yorkville, Illinois.
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 shall be required by the City,
and may require 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 unopened 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) in attendance at the potential bidders
meeting on March 3, 2017. 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, and services and
supplies for the mowing and string trimming and other maintenance and services for the Fox Hill
and Sunflower Estates subdivisions Special Service Areas (see attached maps) for the approximate
period of April 1, 2017 through November 1, 2020.
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
the contract.
B. Comprehensive General Liability Insurance on an occurrence basis in an insurance company
licensed to do business in this state. $1,000,00.00/$2,000,000.00
3. Work completed under the 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, the contractor has not
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 and terminate
the contract, and hire another contractor to cure any defects in
performance or complete all work covered by this specification
for the remaining term of the contract.
5. Any demand for performance shall be specifically delivered to contractor by registered mail.
6. 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 ½” or 3” in hot and dry
conditions. Grass shall be cut weekly or when it is 1” higher than specified height. Grass next
to light poles, trees, trails, 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” up to two times per year at the request of the City. All pricing
to be cubic yard price installed.
3. WEEDING - All landscaped areas will be hand weeded as requested by the City. All weeding to
be performed within seven (7) days of request. All pricing to be hourly rate for labor.
4. GENERAL MAINTENANCE - This includes but is not limited to the following: erosion repair,
tree and shrub removal, reseeding including the use of erosion control blanket, or other essential
maintenance repairs not covered under any specific line item. All pricing will use the labor rate
specified by the detailed bid price.
5. 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/shrub pricing will be negotiated separately.
6. TRIMMING – Any trees and/or shrubs shall be trimmed/pruned as requested by the City. All
pricing will use the labor rate specified by the detailed bid price.
7. BILLING/INVOICING- All billing and invoicing will be done on a monthly basis with detailed
itemized billing for each work item performed for each SSA subdivision area. Billing will
include the date the work item was performed, the cost per work item and the total cost for the
month.
8. FERTILIZING AND WEED CONTROL – The winning bidder will enter into a contract with a
qualified contractor to provide fertilizing and weed control for the SSA areas. The fertilization
and weed control shall consist of 5-7 applications per year, not including any grub, mold or any
other types of applications. Any other types of proposed applications shall be clearly stated on
the proposal with the cost of each proposed application. This contractor shall have to abide by
the same insurance requirements as the winning bidder and a copy of the contract shall be given
to the city for review and consent.
9. REPORTING – The winning bidder shall provide written documentation to the city on a weekly
basis outlining all work performed, using the attached form or approved equal.
Fox Hill Acreage Cost/Acre Price/Cutting
2017‐2018 5.29 $45.00 $238.05
2018‐2019 5.29 $47.25 $249.95
2019‐2020 5.29 $49.61 $262.45
Sunflower Estates Acreage Cost/Acre Price/Cutting
2017‐2018 5.00 $45.00 $225.00
2018‐2019 5.00 $47.25 $236.25
2019‐2020 5.00 $49.61 $248.06
Mulch Per/yd in place
20107‐2018 $46.00
2018‐2019 $48.30
2019‐2020 $50.72
Labor Rates Per Hour
2017‐2018 $30.00
2018‐2019 $31.50
2019‐2020 $33.08
Fox Hill Acreage Cost/Acre Price/Cutting
2017‐2018 5.29
2018‐2019 5.29
2019‐2020 5.29
Sunflower Estates Acreage Cost/Acre Price/Cutting
2017‐2018 5.00
2018‐2019 5.00
2019‐2020 5.00
Mulch Per/yd in place
2017‐2018
2018‐2019
2019‐2020
Labor Rates Per Hour
2017‐2018
2018‐2019
2019‐2020
Fox Hill and Sunflower Estates SSA area
Bid Form
Date:
THIS IS THE CITY ESTIMATE ONLY, BID FORMS ATTACHED ON NEXT PAGE
Material and Labor Rates
Company Name:
Material and Labor Rates
Fox Hill and Sunflower Estates SSA area
Bid Form
Company Name:
Date:
Date
Time In Time Out
Employee (s) initials
Mowing YES NO
String trim edge of trails YES NO
String trim trees, bushes, etc. YES NO
String trim electric boxes, lightpoles, etc. YES NO
Blow grass from trails YES NO
Weed landscape beds YES NO
Trim trees YES NO
Plant trees YES NO
Plant bushes or flowers YES NO
Remove landscaping YES NO
Place mulch YES NO
Repair erosion damage YES NO
Employee Signature :
WEEKLY REPORT
Fox Hill and Sunflower Estates SSA area Mowing and Maintenance
Please describe any additional work in detail below.
Work Items Performed
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Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #6
Tracking Number
PW 2017-15
Budget Amendment for School Crossing Signage
Public Works Committee – February 21, 2017
N/A
Majority
Approval
Discuss the budget amendment for school crossing signs at 3 locations.
Erin Willrett Administration
Name Department
led
Summary
Amend the Fiscal Year 2017 General Fund Streets Department budget to appropriate funds in the
amount of $27,400 in order to install school crossing signs at several locations across the City.
Background
The school district has met with staff to discuss public safety concerns at the following crosswalk areas
and has verbally committed to cost sharing for the signage. In order to enhance public safety, it is the
recommendation of staff that pedestrian crossing signs be erected at three school crossings located at
Bristol Bay Elementary School, the south entrance to Yorkville High School and the corner of Hydraulic
Street & IL Route 47. Each crossing will require two pedestrian signs, at a total cost of $27,400. The
school crossing signs at Bristol Bay and Yorkville High School will cost approximately $7,800 per
crossing ($15,600 total - please see Schedule B for a quote from Tapco Co.). The signage at the
Hydraulic & Route 47 crossing is estimated at $11,800, due to additional engineering work that would
need to be done in order to comply with IDOT regulations. This proposed budget amendment would
increase the Operating Supplies line item in the Streets Department from $11,025 to $38,425, as
highlighted on page 3 of Schedule A (attached).
Recommendation
Staff recommends approval of the budget amendment in order to appropriate the funds necessary to
install school crossing signs at Bristol Bay Elementary School, the south entrance to Yorkville High
School and the corner of Hydraulic Street & IL Route 47.
Memorandum
To: Public Works Committee
From: Rob Fredrickson, Finance Director
Date: February 2, 2017
Subject: FY 2017 Budget Amendment – Signage for School Crossing
Ordinance No. 2017-____
Page 1
Ordinance No. 2017-____
AN ORDINANCE AUTHORIZING THE FIFTH AMENDMENT TO THE ANNUAL
BUDGET OF THE UNITED CITY OF YORKVILLE, FOR THE FISCAL YEAR
COMMENCING ON MAY 1, 2016 AND ENDING ON APRIL 30, 2017
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly
existing non-home rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, pursuant to 65 ILCS 5/8-2-9.4, the City adopted Ordinance No. 2016-30 on
April 12, 2016 adopting an annual budget for the fiscal year commencing on May 1, 2016 and
ending on April 30, 2017; and,
WHEREAS, pursuant to 65 ILCS 5/8-2-9.6, by a vote of two-thirds of the members of
the corporate authorities then holding office, the annual budget of the United City of Yorkville
may be revised by deleting, adding to, changing or creating sub-classes within object classes and
object classes themselves. No revision of the budget shall be made increasing the budget in the
event funds are not available to effectuate the purpose of the revision; and,
WHEREAS, funds are available to effectuate the purpose of this revision.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That the amounts shown in Schedule A, attached hereto and made a part
hereof by reference, increasing and/or decreasing certain object classes and decreasing certain
fund balances in the General Fund with respect to the United City of Yorkville’s 2016-2017
Budget are hereby approved.
Section 2: This ordinance shall be in full force and effect from and after its passage and
approval according to law.
Ordinance No. 2017-____
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of ____________________, 2017.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ DIANE TEELING ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
____ day of ____________________, 2017.
______________________________
MAYOR
Unaudited FY 2017 FY 2017
FY 2014 FY 2015 FY 2016 Adopted Amended
Actual Actual Actual Budget Budget
Revenue
Taxes 9,607,999 10,052,792 10,330,920 10,384,836 10,384,836
Intergovernmental 2,120,327 2,295,134 2,311,978 2,313,586 2,313,586
Licenses & Permits 168,119 173,126 213,451 178,000 178,000
Fines & Forfeits 173,954 137,252 123,639 130,225 130,225
Charges for Service 1,175,166 1,290,493 1,401,384 1,423,175 1,423,175
Investment Earnings 8,792 8,909 6,394 5,000 5,000
Reimbursements 168,974 168,182 113,024 55,000 55,000
Miscellaneous 19,335 22,813 21,919 24,000 24,000
Other Financing Sources 2,479 2,209 7,077 3,000 3,000
Total Revenue 13,445,145 14,150,910 14,529,786 14,516,822 14,516,822
Expenditures
Salaries 3,437,661 3,721,840 3,958,489 4,362,017 4,362,017
Benefits 2,052,895 2,334,546 2,447,779 2,798,284 2,798,284
Contractual Services 4,267,482 4,387,516 4,593,459 4,904,133 4,904,133
Supplies 247,990 254,650 216,288 271,761 299,161
Contingencies 11,676 - - - -
Other Financing Uses 3,790,688 2,486,885 2,448,123 2,631,459 2,631,459
Total Expenditures 13,808,392 13,185,437 13,664,138 14,967,654 14,995,054
Surplus (Deficit)(363,247)965,473 865,648 (450,832)(478,232)
Ending Fund Balance 3,860,581 4,826,059 5,691,706 4,727,411 5,213,474
28.0%36.6%41.7%31.6%34.8%
GENERAL FUND (01)
The General Fund is the City’s primary operating fund. It accounts for major tax revenue used to support
administrative and public safety functions.
$0
$2,000
$4,000
$6,000 ThousandsFund Balance
1
FY 2017 FY 2017
FY 2014 FY 2015 FY 2016 Adopted Amended
Actual Actual Projected Budget Budget
Expenditures
Salaries 328,126 328,574 345,777 366,975 366,975
Benefits 162,447 169,806 178,885 202,031 202,031
Contractual Services 1,460,448 1,395,672 1,537,504 1,458,377 1,458,377
Supplies 94,029 83,640 67,617 92,836 120,236
Total Public Works Department 2,045,050 1,977,692 2,129,783 2,120,219 2,147,619
PUBLIC WORKS DEPARTMENT - STREETS & SANITATION
The Public Works Department is an integral part of the United City of Yorkville. The Street Department maintains a
comprehensive road and storm sewer network to ensure the safety and quality of life for the citizens of Yorkville.
Disposal of refuse is contracted out to Advanced Disposal.
$1,850
$1,900
$1,950
$2,000
$2,050
$2,100
$2,150
$2,200 Thousands2
410
FY 2014 FY 2015 FY 2016 FY 2017 FY 2017
Account Actual Actual Actual Adopted Amended
01-410-50-00-5010 SALARIES & WAGES 305,901 315,540 329,967 343,875 343,875
01-410-50-00-5015 PART-TIME SALARIES - 3,456 7,709 8,100 8,100
One Seasonal Worker
01-410-50-00-5020 OVERTIME 22,225 9,578 8,101 15,000 15,000
01-410-52-00-5212 RETIREMENT PLAN CONTRIBUTION 36,445 36,867 36,546 38,759 38,759
01-410-52-00-5214 FICA CONTRIBUTION 24,235 24,184 25,567 27,245 27,245
01-410-52-00-5216 GROUP HEALTH INSURANCE 94,536 100,266 106,676 124,755 124,755
01-410-52-00-5222 GROUP LIFE INSURANCE 543 564 645 594 594
01-410-52-00-5223 DENTAL INSURANCE 5,949 7,186 8,406 9,611 9,611
01-410-52-00-5224 VISION INSURANCE 739 739 1,045 1,067 1,067
01-410-54-00-5412 TRAINING & CONFERENCES - 1,236 6,514 3,000 3,000
01-410-54-00-5415 TRAVEL & LODGING - 240 - 2,000 2,000
01-410-54-00-5422 VEHICLE & EQUIPMENT CHARGEBACK 144,650 125,000 194,379 45,000 45,000
Street Ops Chargeback to Veh & Equip Fund
01-410-54-00-5435 TRAFFIC SIGNAL MAINTENANCE 8,390 16,824 23,108 25,000 25,000
01-410-54-00-5440 TELECOMMUNICATIONS 2,520 2,073 2,449 3,000 3,000
01-410-54-00-5446 PROPERTY & BLDG MAINT SERVICES 23,836 - - - -
Moved to City-Wide Capital
01-410-54-00-5455 MOSQUITO CONTROL 6,865 6,865 7,002 7,352 7,352
01-410-54-00-5458 TREE & STUMP REMOVAL 20,000 - 8,225 20,000 20,000
01-410-54-00-5462 PROFESSIONAL SERVICES 2,052 3,740 3,906 3,500 3,500
01-410-54-00-5482 STREET LIGHTING 67,815 - 3,296 4,750 4,750
Municipal Taxes only (non-MFT eligible)
01-410-54-00-5485 RENTAL & LEASE PURCHASE 984 512 793 1,100 1,100
01-410-54-00-5490 VEHICLE MAINTENANCE SERVICES 53,541 57,838 48,132 50,000 50,000
01-410-56-00-5600 WEARING APPAREL 3,263 4,132 5,043 4,631 4,631
01-410-56-00-5620 OPERATING SUPPLIES 10,378 10,846 8,828 11,025 38,425
School Crossing Signage - $27,400
01-410-56-00-5626 HANGING BASKETS - - - 2,000 2,000
01-410-56-00-5628 VEHICLE MAINTENACE SUPPLIES 20,578 17,035 15,265 27,500 27,500
United City of Yorkville
General Fund
$366,975
$202,031
$164,702
$328,574
$169,806
$214,328
Salaries
PUBLIC WORKS - STREET OPERATIONS
Description
$366,975
$297,804
$345,777
$178,885 $202,031
$164,702
Supplies
$328,126
Benefits
Total:Salaries
Total:Contractual Services
Total:Benefits
Contractual Services
$162,447
$330,653
3
410
FY 2014 FY 2015 FY 2016 FY 2017 FY 2017
Account Actual Actual Actual Adopted Amended
United City of Yorkville
General Fund
PUBLIC WORKS - STREET OPERATIONS
Description
01-410-56-00-5630 SMALL TOOLS & EQUIPMENT 1,006 2,105 3,415 2,000 2,000
01-410-56-00-5640 REPAIR & MAINTENANCE 21,235 26,791 20,580 20,000 20,000
01-410-56-00-5656 PROPERTY & BUILDING MAINTENANCE 5,877 - - - -
Moved to City-Wide Capital
01-410-56-00-5695 GASOLINE 31,692 22,731 14,486 25,680 25,680
$120,236
$853,944
$92,836$67,617
Total: STREET OPERATIONS $915,255
$83,640
$826,544$796,348 $890,083
Total:Supplies $94,029
4
540
FY 2014 FY 2015 FY 2016 FY 2017 FY 2017
Account Actual Actual Actual Adopted Amended
01-540-54-00-5441 GARBAGE SERVICES - SENIOR SUBSIDY 142,762 76,958 33,486 36,000 36,000
01-540-54-00-5442 GARBAGE SERVICES 981,513 1,100,546 1,201,414 1,251,675 1,251,675
01-540-54-00-5443 LEAF PICKUP 5,520 3,840 4,800 6,000 6,000
United City of Yorkville
General Fund
PUBLIC WORKS - HEALTH AND SANITATION
Description
$1,293,675
Contractual Services
Total:$1,239,700Contractual Services $1,129,795 $1,181,344 $1,293,675
$1,293,675$1,239,700 $1,293,675Total: HEALTH AND SANITATION $1,129,795 $1,181,344
5
Item Description Quantity UM Price Extension
RRFB-
1DERABWNSAA
RRFB Controller Kit, 55W/48Ah, 4.5" OD Round,
Wireless, No Modem, BlinkerSign Output
2 EA 1,760.00 $3,520.00
RRFBXL2-NA1 RRFB XL2 Light Bar, One Ped Indicator Banding
Mount w Snap Locks, for 2.375+ Inch OD
2 EA 450.00 $900.00
2180-00258-12V Blinkersign, W11-2, 30", Ped Xing, DG3, FYG,
12VDC, 8 Amber LEDs
2 EA 880.00 $1,760.00
101620 Push Button Bulldog Add-On Option Kit Yellow,
With LED; Includes R10-25 Sign
2 KT 160.00 $320.00
373-01759 W16-7PL,24"x12" DG3 FYG,Down Diagonal Left
Arrow (Fed Spec) Sign
2 EA 19.00 $38.00
101919 Pole Package, 13', 4.5" OD, 42" J-Bolts Includes:
Pole, Base,J-Bolts & Sign Brackets
2 EA 480.00 $960.00
1116-00004 Sign Mounting Kit, Z-4.5 Pair For Mounting One
Static Sign to 4-1/2" OD Pole
2 PR 35.00 $70.00
Furnish only quote. Installation is not included.
Solar powered equipment requires no shading
or obstructions
Current lead time: 4 weeks
Thank you! Deidre Jones
Email: Deidre.jones@tapconet.com
Phone: 262-649-5227
$7,768.00$0.00$7,568.00
TotalTaxFreightMerchandise
$200.00
Shipment within
Acceptance By
By
Date
For terms and conditions, please visit: http://www.tapconet.com/terms-and-conditions
Page
Date
Number
SALES QUOTE
ETO16-05337
USA
Yorkville, IL 60560
610 Tower Lane
Yorkville Public Works
USA
Yorkville, IL 60560
610 Tower Lane
Erin Willrett
Yorkville Public Works
12/9/2016
1
Customer Copy
Sell To
Cust.
C7854
Ship To
Cust.
RRFB/BLINKERSIGN
COMBO
2/13/2017 Deidre Jones BEST RATEQUOTEDNet 30 DAYS
Customer PO #Expires Slsp Terms Freight Ship Via
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #7
Tracking Number
PW 2017-16
Kennedy Road Shared-Use Path - ITEP
Public Works Committee – February 21, 2017
Consideration of Approval
Consideration of BNSF Agreement
Brad Sanderson Engineering
Name Department
The purpose of this memo is to present the BNSF Grade Crossing Construction and Maintenance
Agreement.
Background:
The City has identified the need for a multi-use path on the east side of Kennedy Road which will link the
multi-use path currently under construction along Rt 47 and Steven G. Bridge Park. The construction of
the path will connect the Kennedy Road path with other regional trails throughout the Fox Valley and
beyond. Within the limits of the proposed Kennedy Road multi-use path is a railroad crossing at the
tracks belonging to the Burlington Northern Santa Fe Railroad Company (BNSF). Improvements to the
crossing, including widening of the crossing surface at the tracks and the construction of pedestrian gates
are necessary to promote the safety of path patrons. These improvements will be constructed by BNSF
and the City will be responsible for the expense of the improvements as well as future inspection and
maintenance costs. The construction expense projections are as follows:
Construction Expense Projections
Crossing Surface $40,000 to $60,000
Pedestrian Gates $260,000 to $340,000
Total $300,000 to $400,000
The Illinois Commerce Commission (ICC) has approved the order (see attached). The last remaining
item to be completed prior to letting the project is the approval of the BNSF Agreement. The agreement
needs to be executed by both parties by March 10, 2017 in order for the City to make the April 2017
IDOT letting.
Questions Presented:
Should the City approve the agreement with BNSF?
Discussion:
The crossing improvements are necessary to the implementation of the City’s plan to link to the City’s
multi-use path to other regional paths and promote the safety of its residents.
The construction of the crossing and pedestrian gates will have an anticipated cost of $300,000 -
$400,000. These costs were part of the original project budget.
The City Attorney has reviewed the draft agreement and has provided comments. We are working with
the BNSF to update the agreement. We are recommending that the City consider approving the
agreement once the City Attorney’s comments have been fully satisfied.
Action Required:
Consideration of approval of the BNSF Agreement.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: February 14, 2017
Subject: Kennedy Road Shared-Use Path (ITEP) – BNSF Agreement
Docket No.: T15-0141
Bench Date: 1/11/2017
Deadline: N/A
M E M O R A N D U M
TO: The Commission
FROM: Timothy Duggan, Administrative Law Judge
DATE: December 6, 2016
SUBJECT: United City of Yorkville, a municipal corporation,
Petitioner,
v.
BNSF Railway Company,
Respondents.
Petition for an Order from the Illinois Commerce Commission
to construct a bicycle and pedestrian crossing on the east
side of Kennedy Road (AAR/DOT 079 579V) in the City of
Yorkville, Kendall County, Illinois.
RECOMMENDATION: Enter Order authorizing construction of pedestrian crossing.
Yorkville filed a Petition to install a pedestrian path across two east -west BNSF
tracks adjacent to the vehicular crossing at Kennedy Road. The road runs north south,
and the path would be built parallel to and approximately 12 feet east of the road.
BNSF will extend the concrete panels of the crossing east to align with and serve as the
path over the tracks. Gates with a flashing light will be installed on both approaches to
the path and will activate with the vehicular crossing gates. The path will be constructed
of asphalt except for the concrete panels of the crossing.
Yorkville will pay all costs of the project. Yorkville will maintain the path from a point
two feet out from the outer rails. BNSF will maintain the rest of the path. Each will pay
the costs of their own maintenance except that Yorkville will pay for repair of any
damage to the pedestrian gates which is due to conditions other than weather or wear
and tear.
BNSF does not object to the project. Staff does not object to the project.
I recommend entry of the attached order authorizing installation of the path.
STATE OF ILLINOIS
ILLINOIS COMMERCE COMMISSION
527 East Capitol Avenue, Springfield, Illinois 62701
January 11, 2017
United City of Yorkville, a municipal
corporation,
Petitioner,
v.
BNSF Railway Company,
Respondent.
Petition for an Order from the Illinois
Commerce Commission to construct a bicycle
and pedestrian crossing on the east side of
Kennedy Road (AAR/DOT 079 579V) in the
City of Yorkville, Kendall County, Illinois.
T15-0141
SERVED ELECTRONICALLY OR BY
MAIL
TO ALL PARTIES OF RECORD:
Enclosed please find a copy of the Order entered by the Commission in the above-entitled matter on
January 11, 2017.
Please read this Order carefully as it may contain provisions for penalties for failure to complete the
work by the ordered completion date. Requests for extensions of time must be filed with the Director
of Processing and Information of the Illinois Commerce Commission at the address shown below, no
later than 14 days prior to the ordered completion date.
Docket Number – T15-0141
Service List
Orest R. Dachniwsky
Esquire
BNSF Railway
P.O. Box 961039
Fort Worth, TX 76161-0039 *
tina.obermiller@bnsf.com
William A. Hobbs
BNSF Railway
419 Marion City Rd.
Palmyra, MO 63461 *
william.hobbs@bnsf.com
Calvin G. Nutt
BSNF Railway
80 44th Avenue NE
Minneapolis, MN 55421 *
calvin.nutt@bnsf.com
Gary Golinski
Mayor
City of Yorkville
800 Game Farm Road
Yorkville, IL 60560 *
Fax:(630) 553-7575
Robert J. Prendergast
Daley Mohan Groble, P.C.
55 West Monroe Street, Suite 1600
Chicago, IL 60603 *
rprendergast@daleymohan.com
Brian A. Vercruysse
Rail Safety Specialist
Railroad Section
Illinois Commerce Commission
527 East Capitol Avenue
Springfield, IL 62701 *
bvercruy@icc.illinois.gov
James W. Binninger
Attorney
Kathleen Field Orr & Associates
53 W. Jackson Blvd., Suite 964
Chicago, IL 60604 *
jwb@kfoassoc.com
GRADE CROSSING CONSTRUCTION AND MAINTENANCE
AGREEMENT
BNSF File No.: BF10010862
Mile Post 44.54
Line Segment 0001
U.S. DOT Number 079579V
Mendota Subdivision
This Agreement (“Agreement”), is executed to be effective as of this ______ day of
_____________, 20__ (“Effective Date”), by and between BNSF RAILWAY
COMPANY, a Delaware corporation ("BNSF"), and the United City of Yorkville, a
political subdivision of the State of Illinois ("Agency”).
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the United City
of Yorkville, State of Illinois;
WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is
undertaking a project to improve the existing Kennedy Road at-grade crossing, located
at BNSF Line Segment 0001 and Milepost 44.54, and designated by D.O.T. No.
079579V, by constructing a multi-use path crossing protected by pedestrian gates within
the existing roadway easement across the BNSF right-of-way as indicated on the
Exhibit A, attached hereto and incorporated herein; and
WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit
from the installation of advance warning signs, pavement marking stop bars or crossing
signal equipment (hereinafter collectively called, “Crossing Signal Equipment”); and
WHEREAS, the Agency also desires BNSF to install a new pedestrian crossing surface
at Kennedy Road with a new concrete and rubber crossing surface;
WHEREAS, the Agency is paying for the acquisition and installation of crossing signal
equipment and the new pedestrian crossing surface at Kennedy Road
WHEREAS, the BNSF agrees to purchase and install, at AGENCY’S sole expense, the
crossing signal equipment and the new pedestrian crossing surface described in the
scope of work herein, and upon the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties contained herein, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
ARTICLE I) SCOPE OF WORK
1. The term "Project" as used herein includes any and all work related to the
construction of a multi-use path of the Kennedy Road by Agency and installation of
crossing signals and new pedestrian crossing surfaces at U.S. D.O.T No. 079579V,
(hereinafter referred to as the "Crossing") by BNSF, more particularly described on the
Exhibit A, including, but not limited to, any and all changes to telephone, telegraph,
signal and electrical lines and appurtenances, temporary and permanent track work,
fencing, grading, alterations to or new construction of drainage facilities, preliminary and
construction engineering and contract preparation.
ARTICLE II) RAILROAD OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful
performance thereof, BNSF agrees as follows:
1. Upon Agency’s payment to BNSF of an administrative fee in the sum of Two
Thousand and No/100 Dollars ($2,000), together with the Temporary Construction
License Fee in the sum of $______ and No/100 Dollars ($_____), BNSF hereby grants
to Agency, its successors and assigns, upon and subject to the terms and conditions set
forth in this Agreement, a temporary non-exclusive license (hereinafter called,
“Temporary Construction License”) to construct the Crossing across or upon the portion
of BNSF's right-of-way described further on Exhibit A-1, attached hereto and
incorporated herein, excepting and reserving BNSF’s rights, and the rights of any others
who have obtained, or may obtain, permission or authority from BNSF, to do the
following:
(a) Operate, maintain, renew and/or relocate any and all existing railroad
track or tracks, wires, pipelines and other facilities of like character upon,
over or under the surface of said right-of-way;
(b) Construct, operate, maintain, renew and/or relocate upon said right-of-
way, without limitation, such facilities as the BNSF may from time to time
deem appropriate;
(c) Otherwise use or operate the right-of-way as BNSF may from time to time
deem appropriate.
The term of the Temporary Construction License begins on the Effective Date
and ends on the earlier of (i) substantial completion of the Structure, or (ii) twelve (12)
months following the Effective Date. The Temporary Construction License and related
rights given by BNSF to Agency in this provision are without warranty of title of any kind,
express or implied, and no covenant of warranty of title will be implied from the use of
any word or words herein contained. The Temporary Construction License is for
construction of the Crossing only and shall not be used by Agency for any other
purpose. Agency acknowledges and agrees that Agency shall not have the right, under
the Temporary Construction License, to use the Crossing for any other purpose than
construction. In the event Agency is evicted by anyone owning, or claiming title to or
any interest in said right-of-way, BNSF will not be liable to Agency for any damages,
losses or any expenses of any nature whatsoever. The granting of similar rights to
others, subsequent to the date of this Agreement, will not impair or interfere with the
rights granted to Agency herein.
Upon Agency’s payment to BNSF of the additional sum of $_______ and No/100
Dollars ($_____), such payment to be made within thirty (30) days of issuing the Notice
to Proceed pursuant to Article III, Section 16 of this Agreement, and provided further
that Agency is in compliance with the term and conditions of this Agreement, BNSF will
grant to Agency, its successors and assigns, an easement (hereinafter called, the
“Easement”) to enter upon and use that portion of BNSF’s right-of-way as is necessary
to use and maintain the Crossing, substantially in the form of Exhibit B attached to this
Agreement. If Agency fails to pay BNSF within the thirty day time period set forth in the
preceding sentence, BNSF may stop construction of the Project until full payment is
received by BNSF.
2. BNSF will furnish all labor, materials, tools, and equipment for railroad work
required for the construction of the Project, such railroad work and the estimated cost
thereof being as shown on Exhibit D attached hereto and made a part hereof. In the
event construction on the Project has not commenced within six (6) months following
the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost
estimates set forth in said Exhibit D. In such event, the revised cost estimates will
become a part of this Agreement as though originally set forth herein. Any item of work
incidental to the items listed on Exhibit D not specifically mentioned therein may be
included as a part of this Agreement upon written approval of Agency, which approval
will not be unreasonably withheld. Construction of the Project must include the
following railroad work by BNSF:
(a) Procurement of materials, equipment and supplies necessary for the
railroad work;
(b) Preliminary engineering, design, and contract preparation;
(c) Furnishing of flagging services during construction of the Project as
required and set forth in further detail on Exhibit C, attached to this
Agreement and made a part hereof;
(c) Furnishing engineering and inspection as required in connection with the
construction of the Project;
(b) Installation of two 24-foot concrete crossing surface extensions for the two
tracks complete with new rail, ties, ballast, fasteners, along with
appropriate surfacing, to carry the improved roadway and sidewalks
(c) Installation of Crossing Signal Equipment and Crossing Signal Control
House as shown on Exhibit A
(d) Make such changes in the alignment, location and elevation of its
telephone, telegraph, signal and/or wire lines and appurtenances along,
over or under the tracks, both temporary and permanent, as may become
necessary by reason of the construction of the Project.
3. BNSF will do all railroad work set forth in Article II, Section 2 above on an actual
cost basis, when BNSF, in its sole discretion, determines it is required by its labor
agreements to perform such work with its own employees working under applicable
collective bargaining agreements.
4. Agency agrees to reimburse BNSF for work of an emergency nature caused by
Agency or Agency’s contractor in connection with the Project which BNSF deems is
reasonably necessary for the immediate restoration of railroad operations, or for the
protection of persons or BNSF property. Such work may be performed by BNSF
without prior approval of Agency and Agency agrees to fully reimburse BNSF for all
such emergency work.
5. BNSF may charge Agency for insurance expenses, including self-insurance
expenses, when such expenses cover the cost of Employer's Liability (including, without
limitation, liability under the Federal Employer's Liability Act) in connection with the
construction of the Project. Such charges will be considered part of the actual cost of
the Project, regardless of the nature or amount of ultimate liability for injury, loss or
death to BNSF's employees, if any.
6. During the construction of the Project, BNSF will send Agency progressive
invoices detailing the costs of the railroad work performed by BNSF under this
Agreement. Agency must reimburse BNSF for completed force-account work within
thirty (30) days of the date of the invoice for such work. Upon completion of the Project,
BNSF will send Agency a detailed invoice of final costs, segregated as to labor and
materials for each item in the recapitulation shown on Exhibit D. Pursuant to this
section and Article IV, Section 7 herein, Agency must pay the final invoice within ninety
(90) days of the date of the final invoice. BNSF will assess a finance charge of .033%
per day (12% per annum) on any unpaid sums or other charges due under this
Agreement which are past its credit terms. The finance charge continues to accrue
daily until the date payment is received by BNSF, not the date payment is made or the
date postmarked on the payment. Finance charges will be assessed on delinquent
sums and other charges as of the end of the month and will be reduced by amounts in
dispute and any unposted payments received by the month’s end. Finance charges will
be noted on invoices sent to Agency under this section.
ARTICLE III) AGENCY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance
thereof, Agency agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. Said
plans (reduced size 11” x 17”), showing the plan and profile of the roadway work on
BNSF right-of-way and marked as Exhibit A, attached hereto and made a part hereof,
must be submitted to BNSF for the development of railroad cost estimates.
2. Agency must make any required application and obtain all required permits and
approvals for the construction of the Project.
3. Agency must acquire all rights of way necessary for the construction of the
Project.
4. Agency must make any and all arrangements, in compliance with BNSF’s Utility
Accommodation Manual (http://www.bnsf.com/communities/faqs/pdf/utility.pdf), for the
installation or relocation of wire lines, pipe lines and other facilities owned by private
persons, companies, corporations, political subdivisions or public utilities other than
BNSF which may be necessary for the construction of the Project.
5. Agency must construct the Project as shown on the attached Exhibit A and do all
work (“Agency’s Work”) provided for in the plans and specifications for the Project,
except railroad work that will be performed by BNSF hereunder. Agency must furnish
all labor, materials, tools and equipment for the performance of Agency’s Work. The
principal elements of Agency’s Work are as follows:
(a) Design and Reconstruction/Construction of Kennedy Road;
b) Construct the Kennedy Road multi-use path crossing in accordance with
plans approved by the Illinois Commerce Commission pursuant to order
issued in case no. T15-0141 and as approved by Railroad
(b) Installation of advance warning signs in accordance with the MUTCD
(c) Perform all necessary grading and paving, including backfill of excavations
and restoration of disturbed vegetation on BNSF’s right-of-way;
(d) Provide suitable drainage, both temporary and permanent;
(e) Provide all barricades, lights, flagmen or traffic control devices necessary
for preventing vehicular traffic from using a portion of the Crossing, during
the installation of the concrete crossing surfaces, and also during the
installation of the Crossing Signal Equipment.
(f) Construct asphalt path surface on approaches to each track. Path surface
will match elevation of the Main Track crossing surfaces and remain level
to a point at least thirty (30) feet from nearest rail. Any concrete headers
will be constructed no closer than 5’-6” (preferably 6’-0”) from centerline of
each track to provide for a minimum of 11’-0” (preferably 12’-0”) opening
for track and railroad crossing surface;
(g) Provide and place six (6) to twelve (12) inch wide section of asphalt
between roadway concrete headers (and sidewalks) and the new concrete
crossing surfaces, including that portion of the multi-use path located
between the Main Tracks.
(h) Job site cleanup including removal of all construction materials, concrete
debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and
other waste materials to the satisfaction of BNSF;
6. The Agency will approve the location of the signals and signal bungalow prior to
the installation by BNSF.
7. The Agency must have advanced railroad crossing signs and standard pavement
markings in place at the crossing shown on Exhibit A (if the same are required by the
MUTCD) prior to the acceptance of this Project by the Agency.
8. The Agency must give BNSF’s Manager Public Projects written notice to proceed
(“Notice to Proceed”) with the railroad portion of the work after receipt of necessary
funds for the Project. BNSF will not begin the railroad work (including, without limitation,
procurement of supplies, equipment or materials) until written Notice to Proceed is
received from Agency.
9. The Agency’s Work must be performed by Agency or Agency's contractor in a
manner that will not endanger or interfere with the safe and timely operations of BNSF
and its facilities.
10. For any future inspection or maintenance, either routine or otherwise, performed
by subcontractors on behalf of the Agency, Agency shall require the subcontractors to
comply with the provisions of the attached Exhibit C and execute the agreement
attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own
personnel, Agency shall: comply with all of BNSF’s applicable safety rules and
regulations; require any Agency employee performing maintenance to complete the
safety training program at the BNSF’s Internet Website “www.BNSFContractor.com”;
notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be
present; procure, and have approved by BNSF’s Risk Management Department,
Railroad Protective Liability insurance.
.
11. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty
(30) calendar days prior to requesting a BNSF flagman in accordance with the
requirements of Exhibit C attached hereto. Additionally, Agency must require its
contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior
to commencing work on BNSF property or near BNSF tracks.
12. Agency must include the following provisions in any contract with its contractor(s)
performing work on said Project:
(a) The Contractor is placed on notice that fiber optic, communication and
other cable lines and systems (collectively, the “Lines”) owned by
various telecommunications companies may be buried on BNSF’s
property or right-of-way. The locations of these Lines have been
included on the plans based on information from the
telecommunications companies. The contractor will be responsible for
contacting BNSF and the telecommunications companies and notifying
them of any work that may damage these Lines or facilities and/or
interfere with their service. The contractor must also mark all Lines
shown on the plans or marked in the field in order to verify their
locations. The contractor must also use all reasonable methods when
working in the BNSF right-of-way or on BNSF property to determine if
any other Lines (fiber optic, cable, communication or otherwise) may
exist.
(b) Failure to mark or identify these Lines will be sufficient cause for
BNSF’s engineering representative ______ at (___) _______ to stop
construction at no cost to the Agency or BNSF until these items are
completed.
(c) The Contractor will be responsible for the rearrangement of any
facilities or Lines determined to interfere with the construction. The
Contractor must cooperate fully with any telecommunications
company(ies) in performing such rearrangements.
(d) In addition to the liability terms contained elsewhere in this
Agreement, the contractor hereby indemnifies, defends and holds
harmless BNSF for, from and against all cost, liability, and expense
whatsoever (including, without limitation, attorney’s fees and court
costs and expenses) arising out of or in any way contributed to by any
act or omission of Contractor, its subcontractors, agents and/or
employees that cause or in any way or degree contribute to (1) any
damage to or destruction of any Lines by Contractor, and/or its
subcontractors, agents and/or employees, on BNSF’s property or
within BNSF’s right-of-way, (2) any injury to or death of any person
employed by or on behalf of any telecommunications company, and/or
its contractor, agents and/or employees, on BNSF’s property or within
BNSF’s right-of-way, and/or (3) any claim or cause of action for alleged
loss of profits or revenue by, or loss of service by a customer or user of
such telecommunication company(ies).THE LIABILITY ASSUMED BY
CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A
FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH,
CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR
CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS,
SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE
EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY
THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF
BNSF.
13. Agency must require compliance with the obligations set forth in this agreement,
including Exhibit C and Exhibit C-1, and incorporate in each prime contract for
construction of the Project, or the specifications therefor (i) the provisions set forth in
Article III and IV; and (ii) the provisions set forth in Exhibit C and Exhibit C-l, attached
hereto and by reference made a part hereof.
14. Except as otherwise provided below in this Section 13, all construction work
performed hereunder by Agency for the Project will be pursuant to a contract or
contracts to be let by Agency, and all such contracts must include the following:
(a) All work performed under such contract or contracts within the limits of
BNSF's right-of-way must be performed in a good and workmanlike
manner in accordance with plans and specifications approved by BNSF;
(b) Changes or modifications during construction that affect safety or BNSF
operations must be subject to BNSF's approval;
(c) No work will be commenced within BNSF's right-of-way until each of the
prime contractors employed in connection with said work must have (i)
executed and delivered to BNSF an agreement in the form of Exhibit C-l,
and (ii) delivered to and secured BNSF's approval of the required
insurance; and
(d) If it is in Agency’s best interest, Agency may direct that the construction of
the Project be done by day labor under the direction and control of
Agency, or if at any time, in the opinion of Agency, the contractor has
failed to prosecute with diligence the work specified in and by the terms of
said contract, Agency may terminate its contract with the contractor and
take control over the work and proceed to complete the same by day labor
or by employing another contractor(s) provided; however, that any
contractor(s) replacing the original contractor(s) must comply with the
obligations in favor of BNSF set forth above and, provided further, that if
such construction is performed by day labor, Agency will, at its expense,
procure and maintain on behalf of BNSF the insurance required by Exhibit
C-1.
(e) To facilitate scheduling for the Project, Agency shall have its contractor
give BNSF’s Roadmaster 30 days advance notice of the proposed times
and dates for work windows. BNSF and Agency’s contractor will establish
mutually agreeable work windows for the Project. BNSF has the right at
any time to revise or change the work windows, due to train operations or
service obligations. BNSF will not be responsible for any additional costs
and expenses resulting from a change in work windows. Additional costs
and expenses resulting from a change in work windows shall be
accounted for in the contractor’s expenses for the Project.
15. Agency must advise the appropriate BNSF Manager Public Projects, in writing, of
the completion date of the Project within thirty (30) days after such completion date.
Additionally, Agency must notify BNSF's Manager Public Projects, in writing, of the date
on which Agency and/or its Contractor will meet with BNSF for the purpose of making
final inspection of the Project.
16. TO THE FULLEST EXTENT PERMITTED BY LAW, AGENCY HEREBY
RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS
AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES
AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES,
FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION,
SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, COURT COSTS AND ATTORNEYS’ FEES) OF ANY NATURE, KIND
OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE
EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY
ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART)
(I) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS,
SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE
CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY
THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR
AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE
SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR
ABOUT THE CONSTRUCTION SITE, (IV) AGENCY’S BREACH OF THE
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY
PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR
INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT, (VI) AGENCY’S OCCUPATION AND USE OF BNSF’S PROPERTY
OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT
MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII) AN ACT OR
OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR
CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY
OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE
LIABILITY ASSUMED BY AGENCY WILL NOT BE AFFECTED BY THE FACT, IF IT
IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS
AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT
THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the
following:
1. All work contemplated in this Agreement must be performed in a good and
workmanlike manner and each portion must be promptly commenced by the party
obligated hereunder to perform the same and thereafter diligently prosecuted to
conclusion in its logical order and sequence. Furthermore, any changes or
modifications during construction which affect BNSF will be subject to BNSF's approval
prior to the commencement of any such changes or modifications.
2. The work hereunder must be done in accordance with the Exhibit A and the
detailed plans and specifications approved by BNSF.
3. Agency must require its contractor(s) to reasonably adhere to the Project's
construction schedule for all Project work. The parties hereto mutually agree that
BNSF's failure to complete the railroad work in accordance with the construction
schedule due to inclement weather or unforeseen railroad emergencies will not
constitute a breach of this Agreement by BNSF and will not subject BNSF to any
liability. Regardless of the requirements of the construction schedule, BNSF reserves
the right to reallocate the labor forces assigned to complete the railroad work in the
event of an emergency to provide for the immediate restoration of railroad operations of
either BNSF or its related railroads, or to protect persons or property on or near any
BNSF owned property. BNSF will not be liable for any additional costs or expenses
resulting from any such reallocation of its labor forces. The parties mutually agree that
any reallocation of labor forces by BNSF pursuant to this provision and any direct or
indirect consequences or costs resulting from any such reallocation will not constitute a
breach of this Agreement by BNSF.
4. BNSF will have the right to stop construction work on the Project if any of the
following events take place: (i) Agency (or any of its contractors) performs the Project
work in a manner contrary to the plans and specifications approved by BNSF; (ii)
Agency (or any of its contractors), in BNSF’s opinion, prosecutes the Project work in a
manner that is hazardous to BNSF property, facilities or the safe and expeditious
movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is
canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the
Temporary Construction License or the Easement pursuant to Article II, Section 1 of this
Agreement. The work stoppage will continue until all necessary actions are taken by
Agency or its contractor to rectify the situation to the satisfaction of BNSF’s Division
Engineer or until proof of additional insurance has been delivered to and accepted by
BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction
License, or (iii) the Easement, BNSF may immediately terminate the Temporary
Construction License or the Easement. Any such work stoppage under this provision
will not give rise to any liability on the part of BNSF. BNSF’s right to stop the work is in
addition to any other rights BNSF may have including, but not limited to, actions or suits
for damages or lost profits. In the event that BNSF desires to stop construction work on
the Project, BNSF agrees to immediately notify the following individual in writing:
Bart Olson
City Administrator, United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
630-553-8537
bolson@yorkville.il.us
5. Agency must supervise and inspect the operations of all Agency contractors to
ensure compliance with the plans and specifications approved by BNSF, the terms of
this Agreement and all safety requirements of BNSF. If BNSF determines that proper
supervision and inspection are not being performed by Agency personnel at any time
during construction of the Project, BNSF has the right to stop construction (within or
adjacent to its operating right-of-way). Construction of the Project will not proceed until
Agency corrects the situation to BNSF’s reasonable satisfaction. If BNSF feels the
situation is not being corrected in an expeditious manner, BNSF will immediately notify
Bart Olson] for appropriate corrective action.
6. Pursuant to this section and Article II, Section 6 herein, Agency must, reimburse
BNSF in full for the actual costs of all work performed by BNSF under this Agreement
(including taxes, such as applicable sales and use taxes, business and occupation
taxes, and similar taxes).
7. All expenses detailed in statements sent to Agency pursuant to Article II, Section
6 herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23
Code of Federal Regulations, and the Federal-Aid Policy Guide, U.S. Department of
Transportation, as amended from time to time, which manual is hereby incorporated into
and made a part of this Agreement by reference. The parties mutually agree that
BNSF's preliminary engineering, design, and contract preparation costs described in
Article II, Section 2 herein are part of the costs of the Project even though such work
may have preceded the date of this Agreement.
8. The construction of the Project will not commence until Agency gives BNSF's
Manager Public Projects thirty (30) days prior written notice of such commencement.
The commencement notice will reference BNSF's file number BF10010862 and D.O.T.
Crossing No. 079579V and must state the time that construction activities will begin.
9. In addition to the terms and conditions set forth elsewhere in this Agreement,
BNSF and the Agency agree to the following terms upon completion of construction of
the Project:
(a) Agency will own and be fully responsible for repairs, maintenance, future
construction or reconstruction of the Kennedy Road multi-use path,
including the portion of roadway located between the tracks.
(b) Agency will maintain the elevation of the Kennedy Road roadway
approaches to match the elevation on the railroad track crossing surfaces
and to be no more than three (3) inches above or six (6) inches below top-
of-rail elevation at a distance measured thirty (30) feet from the nearest
rail..
(c) Agency will maintain the advanced railroad crossing warning signs and
pavement markings and agrees to hold harmless and indemnify BNSF for
any claims, damages or losses, in whole or in part, caused by or due to
the Agency’s failure to maintain the advanced warning signs and markings
or other requirements of the MUTCD.
(d) Agency will do nothing and permit nothing to be done in the maintenance
of the Kennedy Road roadway, which will interfere with or endanger
facilities of BNSF.
(e) It is expressly understood by Agency and BNSF that any right to install
utilities will be governed by a separate permit or license agreement
between the parties hereto.
(f) BNSF will, at its sole cost and expense, operate and maintain the
Crossing Signal Equipment, Crossing Signal Control House, and the new
crossing surfaces, from end-of-tie to end-of-tie, in proper condition
(g) Notwithstanding the preceding provision, if any regulations, ordinances,
acts, rules or other laws subsequently passed or amended by the Agency
or any other governmental or legislative authority increase the Agency’s
portion of maintenance cost under this Agreement, BNSF will receive the
benefit of any such regulations, ordinances, acts, rules or other laws and
the Agency’s increased portion of maintenance costs will be incorporated
into and made a part of this Agreement.
(h) If a railway or highway improvement project necessitates rearrangement,
relocation, or alteration of the Crossing Signal Equipment, Crossing Signal
House, or the new crossing surface installed hereunder, the costs for such
rearrangement, relocation or alteration will be the responsibility of the
party requesting such changes.
(i) If any of the Crossing Signal Equipment is partially or wholly destroyed,
then such repair and/or replacement costs must be distributed among the
parties as follows:
(j) In the event the BNSF’s sole negligence destroys or damages the
Crossing Signal Equipment and/or the Crossing Signal House, BNSF
must, at its sole cost and expense, replace or repair such Crossing Signal
Equipment and/or Crossing Signal House.
(k) In the event the Crossing Signal Equipment is damaged or destroyed by
any other cause, Agency must reimburse BNSF for the costs to replace or
repair such Crossing Signal Equipment and/or Crossing Signal House.
(l) If the Crossing Signal Equipment and/or Crossing Signal House installed
hereunder cannot, through age, be maintained, or by virtue of its
obsolescence, requires replacement, the cost of installation of the new
crossing signal equipment and/or new crossing signal house will be
negotiated by the parties hereto on the basis of the current Federal Aid
Railroad Signal Program participation and applicable Agency and, if not
applicable, by Illinois Commerce Commission determination, at the time of
such replacement is warranted.
10. Agency must notify and obtain prior authorization from BNSF's Manager of Public
Projects before entering BNSF's right-of-way for Inspection and Maintenance
purposes and the BNSF Manager of Public Projects will determine if flagging is
required. If the construction work hereunder is contracted, Agency must require its
prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1,
as the same may be revised from time to time. Agency will be responsible for its
contractor(s) compliance with such obligations.
11. Any books, papers, records and accounts of the parties hereto relating to the
work hereunder or the costs or expenses for labor and material connected with the
construction will at all reasonable times be open to inspection and audit by the agents
and authorized representatives of the parties hereto, as well as the State of Illinois and
the Federal Highway Administration, for a period of one (1) year from the date of the
final BNSF invoice under this Agreement.
12. The covenants and provisions of this Agreement are binding upon and inure to
the benefit of the successors and assigns of the parties hereto. Notwithstanding the
preceding sentence, neither party hereto may assign any of its rights or obligations
hereunder without the prior written consent of the other party.
13. In the event construction of the Project does not commence within twenty-four
months of the Effective Date, this Agreement will become null and void.
14. Neither termination nor expiration of this Agreement will release either party from
any liability or obligation under this Agreement, whether of indemnity or otherwise,
resulting from any acts, omissions or events happening prior to the date of termination
or expiration.
15. To the maximum extent possible, each provision of this Agreement will be
interpreted in such a manner as to be effective and valid under applicable law. If any
provision of this Agreement is prohibited by, or held to be invalid under, applicable law,
such provision will be ineffective solely to the extent of such prohibition or invalidity and
the remainder of the provision will be enforceable.
16. This Agreement (including exhibits and other documents, manuals, etc.
incorporated herein) is the full and complete agreement between BNSF and Agency
with respect to the subject matter herein and supersedes any and all other prior
agreements between the parties hereto.
17. Any notice provided for herein or concerning this Agreement must be in writing
and will be deemed sufficiently given when sent by certified mail, return receipt
requested, to the parties at the following addresses:
BNSF: BNSF's Manager Public Projects
Agency: ___________________________
___________________________
___________________________
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by its duly qualified and authorized officials as of the day and
year first above written.
BNSF RAILWAY COMPANY
By:
Printed Name:
Title:
WITNESS:
___________________________
AGENCY
United City of Yorkville
WITNESS:
___________________________
By:
Printed Name:
Title: _____________________
Exhibit A-1
[Insert cross-hatched drawing of the Temporary Construction License and Structure]
[BARTLETT AND WEST TO PREPARE EXHIBIT A]
EXHIBIT “B”
EASEMENT AGREEMENT
FOR _____________________________
(C&M Agreement)
THIS EASEMENT AGREEMENT FOR _________________ ("Easement
Agreement") is made and entered into as of the ____ day of _________ 20___
("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware
corporation ("Grantor"), and __________________________, a ________________
("Grantee").
A. Grantor owns or controls certain real property situated at or near the
vicinity of _______________________, County of _____________, State of
_________, at Mile Post __________, [Project # ___________], as described or
depicted on Exhibit "A-1" attached hereto and made a part hereof (the "Premises").
B. Grantor and Grantee have entered into that certain C&M Agreement dated
as of ______________________________________ concerning improvements on or
near the Premises (the “C&MAgreement”).
C. Grantee has requested that Grantor grant to Grantee an easement over
the Premises for the Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms
and conditions set forth in this Easement Agreement.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are
incorporated herein, the mutual promises contained herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes
set forth in the C&M Agreement. Any improvements to be constructed in
connection with the Easement Purpose are referred to herein as
"Improvements" and shall be constructed, located, configured and
maintained by Grantee in strict accordance with the terms of this
Easement Agreement and the C&M Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive
easement ("Easement") over the Premises for the Easement Purpose and
for no other purpose. The Easement is granted subject to any and all
restrictions, covenants, easements, licenses, permits, leases and other
encumbrances of whatsoever nature whether or not of record, if any,
relating to the Premises and subject to all with all applicable federal, state
and local laws, regulations, ordinances, restrictions, covenants and court
or administrative decisions and orders, including Environmental Laws
(defined below) and zoning laws (collectively, "Laws"). Grantor may not
make any alterations or improvements or perform any maintenance or
repair activities within the Premises except in accordance with the terms
and conditions of the C&M Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be
exercised by Grantor and any other parties who may obtain written
permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate,
change, modify and relocate any existing pipe, power,
communication, cable, or utility lines and appurtenances and other
facilities or structures of like character (collectively, "Lines") upon,
over, under or across the Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate,
change, modify and relocate any tracks or additional facilities or
structures upon, over, under or across the Premises; and
(c) to use the Premises in any manner as the Grantor in its sole
discretion deems appropriate, provided Grantor uses all
commercially reasonable efforts to avoid material interference with
the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated
under provisions of this Easement Agreement, shall be perpetual. [If this is a
temporary easement replace the preceding sentence with the following: The term
of this Easement, unless sooner terminated under provisions of this Easement
Agreement, shall expire on the date that is ___________________________________
after the Effective Date.]
Section 3 No Warranty of Any Conditions of the Premises. Grantee
acknowledges that Grantor has made no representation whatsoever to Grantee
concerning the state or condition of the Premises, or any personal property located
thereon, or the nature or extent of Grantor's ownership interest in the Premises.
Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as
an inducement to entering into this Easement Agreement, other than as set forth herein.
GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY,
WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY
PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE
QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR
THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES.
GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S
CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION,
QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE
PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED
USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT
AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL
FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S
RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will
inspect the Premises, and enters upon Grantor's rail corridor and property with
knowledge of its physical condition and the danger inherent in Grantor's rail operations
on or near the Premises. Grantee acknowledges that this Easement Agreement does
not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter
defined) can successfully construct or operate the Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT
WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND
GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT
OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone
owning or claiming title to or any interest in the Premises, or by the abandonment by
Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any
compensation paid hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions
necessary and proper to the lawful establishment, construction, operation, and
maintenance of the Improvements, including such actions as may be necessary to
obtain any required permits, approvals or authorizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the
construction, maintenance, or future alteration of the Improvements shall be made and
maintained in such manner, form and extent as will provide adequate drainage of and
from the adjoining lands and premises of the Grantor; and wherever any such fill or
embankment shall or may obstruct the natural and pre-existing drainage from such
lands and premises of the Grantor, the Grantee shall construct and maintain such
culverts or drains as may be requisite to preserve such natural and pre-existing
drainage, and shall also wherever necessary, construct extensions of existing drains,
culverts or ditches through or along the premises of the Grantor, such extensions to be
of adequate sectional dimensions to preserve the present flowage of drainage or other
waters, and of materials and workmanship equally as good as those now existing. In the
event any construction, repair, maintenance, work or other use of the Premises by
Grantee will affect any Lines, fences, buildings, improvements or other facilities
(collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk
to locate and make any adjustments necessary to such Other Improvements. Grantee
must contact the owner(s) of the Other Improvements notifying them of any work that
may damage these Other Improvements and/or interfere with their service and obtain
the owner’s written approval prior to so affecting the Other Improvements. Grantee
must mark all Other Improvements on the Plans and Specifications and mark such
Other Improvements in the field in order to verify their locations. Grantee must also use
all reasonable methods when working on or near Grantor property to determine if any
Other Improvements (fiber optic, cable, communication or otherwise) may exist. The
Grantee agrees to keep the above-described premises free and clear from combustible
materials and to cut and remove or cause to be cut and removed at its sole expense all
weeds and vegetation on said premises, said work of cutting and removal to be done at
such times and with such frequency as to comply with Grantee and local laws and
regulations and abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes,
assessments or other charges (collectively, "Taxes") levied or assessed upon the
Improvements by any governmental or quasi-governmental body or any Taxes levied or
assessed against Grantor or the Premises that are attributable to the Improvements.
Grantee agrees to purchase, affix and cancel any and all documentary stamps in the
amount prescribed by statute, and to pay any and all required transfer taxes, excise
taxes and any and all fees incidental to recordation of the Memorandum of Easement.
In the event of Grantee's failure to do so, if Grantor shall become obligated to do so,
Grantee shall be liable for all costs, expenses and judgments to or against Grantor,
including all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with
all federal, state and local environmental Laws in its use of the Premises, including, but
not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the
Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
and the Toxic Substances Control Act (collectively referred to as the "Environmental
Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal"
facility, or "underground storage tank," as those terms are defined by Environmental
Laws, on the Premises. Grantee shall not handle, transport, release or suffer the
release of "hazardous waste" or "hazardous substances", as "hazardous waste" and
"hazardous substances" may now or in the future be defined by any Environmental
Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to
Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous
substances on or from the Premises, violation of Environmental Laws, or inspection or
inquiry by governmental authorities charged with enforcing Environmental Laws with
respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly
respond to any release on or from the Premises. Grantee also shall give Grantor
immediate notice of all measures undertaken on behalf of Grantee to investigate,
remediate, respond to or otherwise cure such release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from
Grantee or otherwise of a release or violation of Environmental Laws which occurred or
may occur during the term of this Easement Agreement, Grantor may require Grantee,
at Grantee's sole risk and expense, to take timely measures to investigate, remediate,
respond to or otherwise cure such release or violation affecting the Premises. If during
the construction or subsequent maintenance of the Improvements, soils or other
materials considered to be environmentally contaminated are exposed, Grantee will
remove and safely dispose of said contaminated soils. Determination of soils
contamination and applicable disposal procedures thereof, will be made only by an
agency having the capacity and authority to make such a determination.
7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing
any conditions or activities upon the Premises known to Grantee which create a risk of
harm to persons, property or the environment and shall take whatever action is
necessary to prevent injury to persons or property arising out of such conditions or
activities; provided, however, that Grantee's reporting to Grantor shall not relieve
Grantee of any obligation whatsoever imposed on it by this Easement Agreement.
Grantee shall promptly respond to Grantor's request for information regarding said
conditions or activities.
7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor
with proof satisfactory to Grantor that Grantee is in compliance with this Section 7.
Should Grantee not comply fully with the above-stated obligations of this Section 7,
notwithstanding anything contained in any other provision hereof, Grantor may, at its
option, terminate this Easement Agreement by serving five (5) days' notice of
termination upon Grantee. Upon termination, Grantee shall remove the Improvements
and restore the Premises as provided in Section 9.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's
Contractors, fails to properly perform its obligations under this Easement Agreement,
Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed
obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work
as Grantor deems necessary for the safety of its rail operations, activities and property,
or to avoid or remove any interference with the activities or property of Grantor, or
anyone or anything present on the rail corridor or property with the authority or
permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work
performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's
failure to perform any obligations of Grantee or Grantee's Contractors shall not alter the
liability allocation set forth in this Easement Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement
Agreement by serving five (5) days' notice in writing upon Grantee if Grantee should
abandon or cease to use the Premises for the Easement Purpose. Any waiver by
Grantor of any default or defaults shall not constitute a waiver of the right to terminate
this Easement Agreement for any subsequent default or defaults, nor shall any such
waiver in any way affect Grantor's ability to enforce any section of this Easement
Agreement.
8.3 Effect of Termination or Expiration. Neither termination nor expiration will
release Grantee from any liability or obligation under this Easement, whether of
indemnity or otherwise, resulting from any acts, omissions or events happening prior to
the date of termination or expiration, or, if later, the date the Premises are restored as
required by Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be
in addition to, and not in limitation of, any other remedies that Grantor may have under
the C&M Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this
Easement Agreement, whether by abandonment of the Easement or by the exercise of
Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense,
immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and
all appurtenances thereto from the Premises, as Grantor
directs at Grantor's sole discretion;
(b) repair and restore any damage to the Premises arising from,
growing out of, or connected with Grantee's use of the
Premises;
(c) remedy any unsafe conditions on the Premises created or
aggravated by Grantee; and
(d) leave the Premises in the condition which existed as of the
Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated,
Grantor may direct Grantee to undertake one or more of the actions set forth above, at
Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the
Premises to the extent necessary to undertake the actions directed by Grantor. The
terms of this limited license include all of Grantee's obligations under this Easement
Agreement. Termination will not release Grantee from any liability or obligation under
this Easement Agreement, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination, or, if later, the date when
Grantee's Improvements are removed and the Premises are restored to the condition
that existed as of the Effective Date. If Grantee fails to surrender the Premises to
Grantor upon any termination of the Easement, all liabilities and obligations of Grantee
hereunder shall continue in effect until the Premises are surrendered.
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising
out of any construction, alterations or repairs done, suffered or permitted to be done by
Grantee on the Premises or attributable to Taxes that are the responsibility of Grantee
pursuant to Section 6. Grantor is hereby authorized to post any notices or take any
other action upon or with respect to the Premises that is or may be permitted by Law to
prevent the attachment of any such liens to any portion of the Premises; provided,
however, that failure of Grantor to take any such action shall not relieve Grantee of any
obligation or liability under this Section 10 or any other section of this Easement
Agreement.
Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations)
under this Easement Agreement to Goldfinch Exchange Company LLC, an exchange
intermediary, in order for Grantor to effect an exchange under Section 1031 of the
Internal Revenue Code. In such event, Grantor shall provide Grantee with a Notice of
Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of
receipt of such notice.
Section 12 Notices. Any notice required or permitted to be given hereunder by one
party to the other shall be delivered in the manner set forth in the C&M Agreement.
Notices to Grantor under this Easement shall be delivered to the following address:
BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft. Worth, TX
76131, Attn: Permits, or such other address as Grantor may from time to time direct by
notice to Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement
shall not be in recordable form and shall not be placed on public record and any such
recording shall be a breach of this Easement Agreement. Grantor and Grantee shall
execute a Memorandum of Easement in the form attached hereto as Exhibit "B-1" (the
"Memorandum of Easement") subject to changes required, if any, to conform such
form to local recording requirements. [IF LEGAL DESCRIPTION IS NOT AVAILABLE
USE THE FOLLOWING IN PLACE OF THE PRIOR SENTENCE: As of the Effective
Date, a legal description of the Premises is not available. Grantee and Grantor shall
work together in good faith to establish the legal description for the Premises. Once
Grantor and Grantee have approved the legal description, Grantor and Grantee shall
execute a Memorandum of Easement in the form attached hereto as Exhibit "B-1" (the
"Memorandum of Easement").] The Memorandum of Easement shall be recorded in
the real estate records in the county where the Premises are located. If a Memorandum
of Easement is not executed by the parties and recorded as described above within
____ days of the Effective Date, Grantor shall have the right to terminate this Easement
Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of
this Easement Agreement shall be decided according to the substantive Laws of the
State of [Texas] without regard to conflicts of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants
and agreements of Grantee herein contained shall be the joint and several covenants
and agreements of such parties. This instrument and all of the terms, covenants and
provisions hereof shall inure to the benefit of and be binding upon each of the parties
hereto and their respective legal representatives, successors and assigns and shall run
with and be binding upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the
terms of this Easement Agreement, the prevailing party or parties shall be entitled to
reasonable attorneys' fees, costs and necessary disbursements in addition to any other
relief to which such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or
unenforceable under present or future Laws, such provision will be fully severable and
this Easement Agreement will be construed and enforced as if such illegal, invalid or
unenforceable provision is not a part hereof, and the remaining provisions hereof will
remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision
herein, there will be added automatically as a part of this Easement Agreement a
provision as similar in its terms to such illegal, invalid or unenforceable provision as may
be possible and be legal, valid and enforceable.
14.5 This Easement Agreement is the full and complete agreement between
Grantor and Grantee with respect to all matters relating to Grantee's use of the
Premises, and supersedes any and all other agreements between the parties hereto
relating to Grantee's use of the Premises as described herein. However, nothing herein
is intended to terminate any surviving obligation of Grantee or Grantee's obligation to
defend and hold Grantor harmless in any prior written agreement between the parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
Section 15 Administrative Fee.
15.1 Grantee acknowledges that a material consideration for this agreement,
without which it would not be made, is the agreement between Grantee and Grantor,
that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's
Broker a processing fee in the amount of $2,000.00 over and above the agreed upon
Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a
separate check.
C&M
[Signature page follows]
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware
corporation
By:
Name:
Title:
GRANTEE:
_____________________________________
__,
a
_____________________________________
_
By:
Name:
Title:
EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General:
1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY,
hereinafter referred to as "Railway" where work is over or under on or adjacent to
Railway property and/or right-of-way, hereafter referred to as "Railway Property",
during the construction of
___________________________________________________________________
___________________________________________________________________
____________.
1.01.02 The Contractor must execute and deliver to the Railway duplicate copies
of the Exhibit “C-1” Agreement, in the form attached hereto, obligating the Contractor
to provide and maintain in full force and effect the insurance called for under Section
3 of said Exhibit “C-1”. Questions regarding procurement of the Railroad Protective
Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-
8519.
1.01.03 The Contractor must plan, schedule and conduct all work activities so as
not to interfere with the movement of any trains on Railway Property.
1.01.04 The Contractor's right to enter Railway's Property is subject to the
absolute right of Railway to cause the Contractor's work on Railway's Property to
cease if, in the opinion of Railway, Contractor's activities create a hazard to
Railway's Property, employees, and/or operations. Railway will have the right to stop
construction work on the Project if any of the following events take place: (i)
Contractor (or any of its subcontractors) performs the Project work in a manner
contrary to the plans and specifications approved by Railway; (ii) Contractor (or any
of its subcontractors), in Railway’s opinion, prosecutes the Project work in a manner
which is hazardous to Railway property, facilities or the safe and expeditious
movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1
is canceled during the course of the Project; or (iv) Contractor fails to pay Railway
for the Temporary Construction License or the Easement. The work stoppage will
continue until all necessary actions are taken by Contractor or its subcontractor to
rectify the situation to the satisfaction of Railway’s Division Engineer or until
additional insurance has been delivered to and accepted by Railway. In the event of
a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the
Easement, Railway may immediately terminate the Temporary Construction License
or the Easement. Any such work stoppage under this provision will not give rise to
any liability on the part of Railway. Railway’s right to stop the work is in addition to
any other rights Railway may have including, but not limited to, actions or suits for
damages or lost profits. In the event that Railway desires to stop construction work
on the Project, Railway agrees to immediately notify the following individual in
writing:
_______________________
_______________________
_______________________
_______________________
1.01.05 The Contractor is responsible for determining and complying with all
Federal, State and Local Governmental laws and regulations, including, but not
limited to environmental laws and regulations (including but not limited to the
Resource Conservation and Recovery Act, as amended; the Clean Water Act, the
Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health
and safety laws and regulations. The Contractor hereby indemnifies, defends and
holds harmless Railway for, from and against all fines or penalties imposed or
assessed by Federal, State and Local Governmental Agencies against the Railway
which arise out of Contractor's work under this Agreement.
1.01.06 The Contractor must notify (Agency) at and Railway's
Manager Public Projects, telephone number ( ) at least thirty (30) calendar
days before commencing any work on Railway Property. Contractor’s notification to
Railway must refer to Railway's file ___________.
1.01.07 For any bridge demolition and/or falsework above any tracks or any
excavations located with any part of the excavations located within, whichever is
greater, twenty-five (25) feet of the nearest track or intersecting a slope from the
plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11)
feet from centerline of the nearest track, both measured perpendicular to center line
of track, the Contractor must furnish the Railway five sets of working drawings
showing details of construction affecting Railway Property and tracks. The working
drawing must include the proposed method of installation and removal of falsework,
shoring or cribbing, not included in the contract plans and two sets of structural
calculations of any falsework, shoring or cribbing. For all excavation and shoring
submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must
be used for determining the design loading conditions to be used in shoring design,
and all calculations and submittals must be in accordance with the current “BNSF-
UPRR Guidelines for Temporary Shoring”. All submittal drawings and calculations
must be stamped by a registered professional engineer licensed to practice in the
state the project is located. All calculations must take into consideration railway
surcharge loading and must be designed to meet American Railway Engineering
and Maintenance-of-Way Association (previously known as American Railway
Engineering Association) Coopers E-80 live loading standard. All drawings and
calculations must be stamped by a registered professional engineer licensed to
practice in the state the project is located. The Contractor must not begin work until
notified by the Railway that plans have been approved. The Contractor will be
required to use lifting devices such as, cranes and/or winches to place or to remove
any falsework over Railway's tracks. In no case will the Contractor be relieved of
responsibility for results obtained by the implementation of said approved plans.
1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with
the Contractor such that the work may be handled and performed in an efficient
manner. The Contractor will have no claim whatsoever for any type of damages or
for extra or additional compensation in the event his work is delayed by the Railway.
1.02 Contractor Safety Orientation
1.02.01 No employee of the Contractor, its subcontractors, agents or invitees
may enter Railway Property without first having completed Railway’s
Engineering Contractor Safety Orientation, found on the web site
www.BNSFContractor.com. The Contractor must ensure that each of its
employees, subcontractors, agents or invitees completes Railway’s
Engineering Contractor Safety Orientation through internet sessions before
any work is performed on the Project. Additionally, the Contractor must
ensure that each and every one of its employees, subcontractors, agents or
invitees possesses a card certifying completion of the Railway Contractor
Safety Orientation before entering Railway Property. The Contractor is
responsible for the cost of the Railway Contractor Safety Orientation. The
Contractor must renew the Railway Contractor Safety Orientation annually.
Further clarification can be found on the web site or from the Railway’s
Representative.
1.03 Railway Requirements
1.03.01 The Contractor must take protective measures as are necessary to keep
railway facilities, including track ballast, free of sand, debris, and other foreign
objects and materials resulting from his operations. Any damage to railway facilities
resulting from Contractor's operations will be repaired or replaced by Railway and
the cost of such repairs or replacement must be paid for by the Agency.
1.03.02 The Contractor must notify the Railway's Division Engineer
________________________ at (_____)_________________ and provide blasting
plans to the Railway for review seven (7) calendar days prior to conducting any
blasting operations adjacent to or on Railway's Property.
1.03.03 The Contractor must abide by the following temporary clearances during
construction:
15’-0” Horizontally from centerline of nearest track
21’-6” Vertically above top of rail
27'-0" Vertically above top of rail for electric wires carrying less than 750
volts
28'-0" Vertically above top of rail for electric wires carrying 750 volts to
15,000 volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to
20,000 volts
34'-0" Vertically above top of rail for electric wires carrying more than
20,000 volts
1.03.04 Upon completion of construction, the following clearances shall be
maintained:
25’ Horizontally from centerline of nearest track
23’ 6” Vertically above top of rail
1.03.05 Any infringement within State statutory clearances due to the Contractor's
operations must be submitted to the Railway and to the (Agency) and must not be
undertaken until approved in writing by the Railway, and until the (Agency) has
obtained any necessary authorization from the State Regulatory Authority for the
infringement. No extra compensation will be allowed in the event the Contractor's
work is delayed pending Railway approval, and/or the State Regulatory Authority's
approval.
1.03.06 In the case of impaired vertical clearance above top of rail, Railway will
have the option of installing tell-tales or other protective devices Railway deems
necessary for protection of Railway operations. The cost of tell-tales or protective
devices will be borne by the Agency.
1.03.07 The details of construction affecting the Railway's Property and tracks not
included in the contract plans must be submitted to the Railway by (Agency) for
approval before work is undertaken and this work must not be undertaken until
approved by the Railway.
1.03.08 At other than public road crossings, the Contractor must not move any
equipment or materials across Railway's tracks until permission has been obtained
from the Railway. The Contractor must obtain a "Temporary Construction Crossing
Agreement" from the Railway prior to moving his equipment or materials across the
Railways tracks. The temporary crossing must be gated and locked at all times when
not required for use by the Contractor. The temporary crossing for use of the
Contractor will be constructed and, at the completion of the project, removed at the
expense of the Contractor.
1.03.09 Discharge, release or spill on the Railway Property of any hazardous
substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous
waste is prohibited and Contractor must immediately notify the Railway's Resource
Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess
of a reportable quantity. Contractor must not allow Railway Property to become a
treatment, storage or transfer facility as those terms are defined in the Resource
Conservation and Recovery Act or any state analogue.
1.03.10 The Contractor upon completion of the work covered by this contract,
must promptly remove from the Railway's Property all of Contractor's tools,
equipment, implements and other materials, whether brought upon said property by
said Contractor or any Subcontractor, employee or agent of Contractor or of any
Subcontractor, and must cause Railway's Property to be left in a condition
acceptable to the Railway's representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety
Action Plan:
1.04.01 Each Contractor that will perform work within 25 feet of the
centerline of a track must develop and implement a Roadway Worker
Protection/On Track Safety Program and work with Railway Project
Representative to develop an on track safety strategy as described in the
guidelines listed in the on track safety portion of the Safety Orientation. This
Program must provide Roadway Worker protection/on track training for all
employees of the Contractor, its subcontractors, agents or invitees. This training
is reinforced at the job site through job safety briefings. Additionally, each
Contractor must develop and implement the Safety Action Plan, as provided for
on the web site www.BNSFContractor.com, which will be made available to
Railway prior to commencement of any work on Railway Property. During the
performance of work, the Contractor must audit its work activities. The Contractor
must designate an on-site Project Supervisor who will serve as the contact
person for the Railway and who will maintain a copy of the Safety Action Plan,
safety audits, and Material Safety Datasheets (MSDS), at the job site.
1.04.02 Contractor shall have a background investigation performed on all of its
employees, subcontractors and agents who will be performing any services for
Railroad under this Agreement which are determined by Railroad in its sole
discretion a) to be on Railroad’s property, or b) that require access to Railroad
Critical Infrastructure, Railroad Critical Information Systems, Railroad’s Employees,
Hazardous Materials on Railroad’s property or is being transported by or otherwise
in the custody of Railroad, or Freight in Transit involving Railroad.
The required background screening shall at a minimum meet the rail industry
background screening criteria defined by the e-RAILSAFE Program as outlined at
www.eVerifile.com, in addition to any other applicable regulatory requirements.
Contractor shall obtain written consent from all its employees, subcontractors or
agents screened in compliance with the e-RAILSAFE Program to participate in the
Program on their behalf and to release completed background information to
Railroad’s designee. Contractor shall be subject to periodic audit to ensure
compliance.
Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its
employees, subcontractors or agents to perform services hereunder who are not first
approved under e-RAILSAFE Program standards. Railroad shall have the right to
deny entry onto its premises or access as described in this section above to any of
Contractor's employees, subcontractors or agents who do not display the authorized
identification badge issued by a background screening service meeting the
standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which
may not be unreasonable, may pose a threat to the safety or security of Railroad's
operations, assets or personnel.
Contractors shall be responsible for ensuring that its employees, subcontractors and
agents are United States citizens or legally working in the United States under a
lawful and appropriate work VISA or other work authorization.
1.05 Railway Flagger Services:
1.05.01 The Contractor must give Railway’s Roadmaster (telephone ________)
a minimum of thirty (30) calendar days advance notice when flagging services will be
required so that the Roadmaster can make appropriate arrangements (i.e., bulletin
the flagger’s position). If flagging services are scheduled in advance by the
Contractor and it is subsequently determined by the parties hereto that such
services are no longer necessary, the Contractor must give the Roadmaster five (5)
working days advance notice so that appropriate arrangements can be made to
abolish the position pursuant to union requirements.
1.05.02 Unless determined otherwise by Railway’s Project Representative,
Railway flagger will be required and furnished when Contractor’s work activities are
located over, under and/or within twenty-five (25) feet measured horizontally from
centerline of the nearest track and when cranes or similar equipment positioned
beyond 25-feet from the track centerline could foul the track in the event of tip over
or other catastrophic occurrence, but not limited thereto for the following conditions:
1.05.02a When, upon inspection by Railway’s Representative, other conditions
warrant.
1.05.02b When any excavation is performed below the bottom of tie elevation, if,
in the opinion of Railway's representative, track or other Railway
facilities may be subject to movement or settlement.
1.05.02c When work in any way interferes with the safe operation of trains at
timetable speeds.
1.05.02d When any hazard is presented to Railway track, communications,
signal, electrical, or other facilities either due to persons, material,
equipment or blasting in the vicinity.
1.05.02e Special permission must be obtained from the Railway before moving
heavy or cumbersome objects or equipment which might result in
making the track impassable.
1.05.03 Flagging services will be performed by qualified Railway flaggers.
1.05.03a Flagging crew generally consists of one employee. However,
additional personnel may be required to protect Railway Property and
operations, if deemed necessary by the Railways Representative.
1.05.03b Each time a flagger is called, the minimum period for billing will be the
eight (8) hour basic day.
1.05.03c The cost of flagger services provided by the Railway will be borne by
(Agency). The estimated cost for one (1) flagger is approximately
between $800.00-$1,600.00 for an eight (8) hour basic day with time
and one-half or double time for overtime, rest days and holidays. The
estimated cost for each flagger includes vacation allowance, paid
holidays, Railway and unemployment insurance, public liability and
property damage insurance, health and welfare benefits, vehicle,
transportation, meals, lodging, radio, equipment, supervision and other
costs incidental to performing flagging services. Negotiations for
Railway labor or collective bargaining agreements and rate changes
authorized by appropriate Federal authorities may increase actual or
estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE
TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER
WILL BE USED TO CALCULATE THE ACTUAL COSTS OF
FLAGGING PURSUANT TO THIS PARAGRAPH.
1.05.03d The average train traffic on this route is ______ freight trains per
24-hour period at a timetable speed ______ MPH and ______
passenger trains at a timetable speed of ______ MPH.
1.06 Contractor General Safety Requirements
1.06.01 Work in the proximity of railway track(s) is potentially hazardous where
movement of trains and equipment can occur at any time and in any direction. All
work performed by contractors within 25 feet of any track must be in compliance with
FRA Roadway Worker Protection Regulations.
1.06.02 Before beginning any task on Railway Property, a thorough job safety
briefing must be conducted with all personnel involved with the task and repeated
when the personnel or task changes. If the task is within 25 feet of any track, the job
briefing must include the Railway's flagger, as applicable, and include the
procedures the Contractor will use to protect its employees, subcontractors, agents
or invitees from moving any equipment adjacent to or across any Railway track(s).
1.06.03 Workers must not work within 25 feet of the centerline of any track without
an on track safety strategy approved by the Railway’s Project Representative.
When authority is provided, every contractor employee must know: (1) who the
Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the
method of communication to stop and resume work, and (4) location of the
designated places of safety. Persons or equipment entering flag/work limits that
were not previously job briefed, must notify the flagger immediately, and be given a
job briefing when working within 25 feet of the center line of track.
1.06.04 When Contractor employees are required to work on the Railway Property
after normal working hours or on weekends, the Railway's representative in charge
of the project must be notified. A minimum of two employees must be present at all
times.
1.06.05 Any employees, agents or invitees of Contractor or its subcontractors
under suspicion of being under the influence of drugs or alcohol, or in the
possession of same, will be removed from the Railway's Property and subsequently
released to the custody of a representative of Contractor management. Future
access to the Railway's Property by that employee will be denied.
1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains
must be reported immediately to the Railway's representative in charge of the
project. Any vehicle or machine which may come in contact with track, signal
equipment, or structure (bridge) and could result in a train derailment must be
reported immediately to the Railway representative in charge of the project and to
the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency
numbers are to be obtained from the Railway representative in charge of the project
prior to the start of any work and must be posted at the job site.
1.06.07 For safety reasons, all persons are prohibited from having pocket knives,
firearms or other deadly weapons in their possession while working on Railway's
Property.
1.06.08 All personnel protective equipment (PPE) used on Railway Property must
meet applicable OSHA and ANSI specifications. Current Railway personnel
protective equipment requirements are listed on the web site,
www.BNSFContractor.com, however, a partial list of the requirements include: a)
safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats;
c) safety shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and
d) high visibility retro-reflective work wear. The Railway’s representative in charge of
the project is to be contacted regarding local specifications for meeting requirements
relating to hi-visibility work wear. Hearing protection, fall protection, gloves, and
respirators must be worn as required by State and Federal regulations. (NOTE –
Should there be a discrepancy between the information contained on the web
site and the information in this paragraph, the web site will govern.)
1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS,
MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF
THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT
MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL
AT-GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING,
WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN
APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE
CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE
OF THE RAILWAY'S REPRESENTATIVE.
1.06.10 Machines or vehicles must not be left unattended with the engine running.
Parked machines or equipment must be in gear with brakes set and if equipped with
blade, pan or bucket, they must be lowered to the ground. All machinery and
equipment left unattended on Railway's Property must be left inoperable and
secured against movement. (See internet Engineering Contractor Safety Orientation
program for more detailed specifications)
1.06.11 Workers must not create and leave any conditions at the work site that
would interfere with water drainage. Any work performed over water must meet all
Federal, State and Local regulations.
1.06.12 All power line wires must be considered dangerous and of high voltage
unless informed to the contrary by proper authority. For all power lines the minimum
clearance between the lines and any part of the equipment or load must be; 200 KV
or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV -
35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a
minimum clearance of 45 feet must be maintained. A person must be designated to
observe clearance of the equipment and give a timely warning for all operations
where it is difficult for an operator to maintain the desired clearance by visual means.
1.07 Excavation:
1.07.01 Before excavating, the Contractor must determine whether any
underground pipe lines, electric wires, or cables, including fiber optic cable systems
are present and located within the Project work area. The Contractor must
determine whether excavation on Railway’s Property could cause damage to buried
cables resulting in delay to Railway traffic and disruption of service to users. Delays
and disruptions to service may cause business interruptions involving loss of
revenue and profits. Before commencing excavation, the Contractor must contact
BNSF’s Field Engineering Representative (______________). All underground
and overhead wires will be considered HIGH VOLTAGE and dangerous until verified
with the company having ownership of the line. It is the Contractor's
responsibility to notify any other companies that have underground utilities in
the area and arrange for the location of all underground utilities before
excavating.
1.07.02 The Contractor must cease all work and notify the Railway immediately
before continuing excavation in the area if obstructions are encountered which do
not appear on drawings. If the obstruction is a utility and the owner of the utility can
be identified, then the Contractor must also notify the owner immediately. If there is
any doubt about the location of underground cables or lines of any kind, no work
must be performed until the exact location has been determined. There will be no
exceptions to these instructions.
1.07.03 All excavations must be conducted in compliance with applicable OSHA
regulations and, regardless of depth, must be shored where there is any danger to
tracks, structures or personnel.
1.07.04 Any excavations, holes or trenches on the Railway's Property must be
covered, guarded and/or protected when not being worked on. When leaving work
site areas at night and over weekends, the areas must be secured and left in a
condition that will ensure that Railway employees and other personnel who may be
working or passing through the area are protected from all hazards. All excavations
must be back filled as soon as possible.
1.08 Hazardous Waste, Substances and Material Reporting:
1.08.01 If Contractor discovers any hazardous waste, hazardous substance,
petroleum or other deleterious material, including but not limited to any
non-containerized commodity or material, on or adjacent to Railway's Property, in or
near any surface water, swamp, wetlands or waterways, while performing any work
under this Agreement, Contractor must immediately: (a) notify the Railway's
Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take
safeguards necessary to protect its employees, subcontractors, agents and/or third
parties: and (c) exercise due care with respect to the release, including the taking of
any appropriate measure to minimize the impact of such release.
1.09 Personal Injury Reporting
1.09.01 The Railway is required to report certain injuries as a part of compliance
with Federal Railroad Administration (FRA) reporting requirements. Any personal
injury sustained by an employee of the Contractor, subcontractor or Contractor's
invitees while on the Railway's Property must be reported immediately (by phone
mail if unable to contact in person) to the Railway's representative in charge of the
project. The Non-Employee Personal Injury Data Collection Form contained herein
is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the
Railway’s Project Representative no later than the close of shift on the date of the
injury.
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
(If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile
accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that
injuries relate to that specific event.)
Injured Person Type:
Passenger on train (C) Non-employee (N)
(i.e., emp of another railroad, or, non-BNSF emp involved in vehicle accident, including
company vehicles)
Contractor/safety sensitive (F) Contractor/non-safety sensitive (G)
Volunteer/safety sensitive (H) Volunteer/other non-safety sensitive (I)
Non-trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not
go around or through gates
Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went
around or through gates
Non-trespasser (J) - Off railroad property
If train involved, Train ID:
________________________________
Transmit attached information to Accident/Incident Reporting Center by:
Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-Reporting.Center@BNSF.com
Officer Providing Information:
(Name) (Employee No.) (Phone #)
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM
DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT
INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St: 2. Date: Time:
County: 3. Temperature: 4. Weather:
(if non BNSF location)
Mile Post / Line Segment:
5. Driver’s License No (and state) or other ID: SSN (required):
6. Name (last, first, mi):
7. Address: City: St: Zip:
8. Date of Birth: and/or Age: Gender:
(if available)
Phone Number: Employer:
9. Injury: 10. Body Part:
(i.e., Laceration, etc.) (i.e., Hand, etc.)
11. Description of Accident (To include location, action, result, etc.):
12. Treatment:
First Aid Only
Required Medical Treatment
Other Medical Treatment
13. Dr. Name: Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS
AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490
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EXHIBIT "C-1"
Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File: ___________________________________
Agency Project: ___________________________________
Insert contractor’s legal name here (hereinafter called “Contractor”), has entered into
an agreement (hereinafter called “Agreement”) dated ______________, 201_, with The
United City of Yorkville for the performance of certain work in connection with the
following project:___________________ Performance of such work will necessarily
require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway")
right of way and property (hereinafter called "Railway Property"). The Agreement
provides that no work will be commenced within Railway Property until the Contractor
employed in connection with said work for The United City of Yorkville (i) executes and
delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the
coverage and limits specified in such Agreement and Section 3 herein. If this
Agreement is executed by a party who is not the Owner, General Partner, President or
Vice President of Contractor, Contractor must furnish evidence to Railway certifying that
the signatory is empowered to execute this Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon
Railway Property and as an inducement for such entry, Contractor, effective on the date
of the Agreement, has agreed and does hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless
Railway for all judgments, awards, claims, demands, and expenses (including
attorneys' fees), for injury or death to all persons, including Railway's and
Contractor's officers and employees, and for loss and damage to property
belonging to any person, arising in any manner from Contractor's or any of
Contractor's subcontractors' acts or omissions or any work performed on or
about Railway’s property or right-of-way. THE LIABILITY ASSUMED BY
CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT,
THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF
RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE,
EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY
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CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE
OF RAILWAY.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR
INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST
RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT,
INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY
APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO
CLAIMED.
Contractor further agrees, at its expense, in the name and on behalf of Railway,
that it will adjust and settle all claims made against Railway, and will, at Railway's
discretion, appear and defend any suits or actions of law or in equity brought
against Railway on any claim or cause of action arising or growing out of or in
any manner connected with any liability assumed by Contractor under this
Agreement for which Railway is liable or is alleged to be liable. Railway will give
notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor must proceed to adjust and handle to a conclusion such
claims, and in the event of a suit being brought against Railway, Railway may
forward summons and complaint or other process in connection therewith to
Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle
such suits and protect, indemnify, and save harmless Railway from and against
all damages, judgments, decrees, attorney's fees, costs, and expenses growing
out of or resulting from or incident to any such claims or suits.
In addition to any other provision of this Agreement, in the event that all or any
portion of this Article shall be deemed to be inapplicable for any reason, including
without limitation as a result of a decision of an applicable court, legislative
enactment or regulatory order, the parties agree that this Article shall be
interpreted as requiring Contractor to indemnify Railway to the fullest extent
permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES
EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR
RAILWAY’S ACTS OF NEGLIGENCE.
It is mutually understood and agreed that the assumption of liabilities and
indemnification provided for in this Agreement survive any termination of this
Agreement.
2) TERM
This Agreement is effective from the date of the Agreement until (i) the
completion of the project set forth herein, and (ii) full and complete payment to
Railway of any and all sums or other amounts owing and due hereunder.
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3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the
life of this Agreement the following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad
form contractual liability with a combined single limit of a minimum of
$2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but
in no event less than the amount otherwise carried by the Contractor.
Coverage must be purchased on a post 2004 ISO occurrence form or
equivalent and include coverage for, but not limit to the following:
Bodily Injury and Property Damage
Personal Injury and Advertising Injury
Fire legal liability
Products and completed operations
This policy shall also contain the following endorsements, which shall be
indicated on the certificate of insurance:
The definition of insured contract shall be amended to remove any
exclusion or other limitation for any work being done within 50 feet of
railroad property.
Waver of subrogation in favor of and acceptable to Railway.
Additional insured endorsement in favor of and acceptable to Railway.
Separation of insureds.
The policy shall be primary and non-contributing with respect to any
insurance carried by Railway.
It is agreed that the workers’ compensation and employers’ liability related
exclusions in the Commercial General Liability insurance policy(s) required
herein are intended to apply to employees of the policy holder and shall not
apply to Railway employees.
No other endorsements limiting coverage as respects obligations under this
Agreement may be included on the policy with regard to the work being
performed under this agreement.
B. Business Automobile Insurance. This insurance shall contain a combined
single limit of at least $1,000,000 per occurrence, and include coverage for,
but not limited to the following:
Bodily injury and property damage
Any and all vehicles owned, used or hired
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The policy shall also contain the following endorsements or language, which
shall be indicated on the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Railway.
Additional insured endorsement in favor of and acceptable to Railway.
Separation of insureds.
The policy shall be primary and non-contributing with respect to any
insurance carried by Railway.
C. Workers Compensation and Employers Liability insurance including coverage
for, but not limited to:
Contractor’s statutory liability under the worker’s compensation laws of
the state(s) in which the work is to be performed. If optional under
State law, the insurance must cover all employees anyway.
Employers’ Liability (Part B) with limits of at least $500,000 each
accident, $500,000 by disease policy limit, $500,000 by disease each
employee.
This policy shall also contain the following endorsements or language, which
shall be indicated on the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Railway.
D. Railroad Protective Liability insurance naming only the Railway as the
Insured with coverage of at least $2,000,000 per occurrence and $6,000,000
in the aggregate. The policy Must be issued on a standard ISO form CG 00
35 12 04 and include the following:
Endorsed to include the Pollution Exclusion Amendment
Endorsed to include the Limited Seepage and Pollution Endorsement.
Endorsed to remove any exclusion for punitive damages.
No other endorsements restricting coverage may be added.
The original policy must be provided to the Railway prior to performing
any work or services under this Agreement
Definition of “Physical Damage to Property” shall be endorsed to read:
“means direct and accidental loss of or damage to all property owned
by any named insured and all property in any named insured’ care,
custody, and control arising out of the acts or omissions of the
contractor named on the Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate
(if available) in Railway’s Blanket Railroad Protective Liability Insurance Policy.
Other Requirements:
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Where allowable by law, all policies (applying to coverage listed above) shall
contain no exclusion for punitive damages.
Contractor agrees to waive its right of recovery against Railway for all claims and
suits against Railway. In addition, its insurers, through the terms of the policy or
policy endorsement, waive their right of subrogation against Railway for all
claims and suits. Contractor further waives its right of recovery, and its insurers
also waive their right of subrogation against Railway for loss of its owned or
leased property or property under Contractor’s care, custody or control.
Allocated Loss Expense shall be in addition to all policy limits for coverages
referenced above.
Contractor is not allowed to self-insure without the prior written consent of
Railway. If granted by Railway, any self-insured retention or other financial
responsibility for claims shall be covered directly by Contractor in lieu of
insurance. Any and all Railway liabilities that would otherwise, in accordance
with the provisions of this Agreement, be covered by Contractor’s insurance will
be covered as if Contractor elected not to include a deductible, self-insured
retention or other financial responsibility for claims.
Prior to commencing services, Contractor shall furnish to Railway an acceptable
certificate(s) of insurance from an authorized representative evidencing the
required coverage(s), endorsements, and amendments. The certificate should be
directed to the following address:
BNSF Railway Company
c/o CertFocus
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877-576-2378
Fax number: 817-840-7487
Email: BNSF@certfocus.com
www.certfocus.com
Contractor shall notify Railway in writing at least 30 days prior to any
cancellation, non-renewal, substitution or material alteration.
Any insurance policy shall be written by a reputable insurance company
acceptable to Railway or with a current Best’s Guide Rating of A- and Class VII
or better, and authorized to do business in the state(s) in which the service is to
be provided.
If coverage is purchased on a “claims made” basis, Contractor hereby agrees to
maintain coverage in force for a minimum of three years after expiration,
44 of 48
cancellation or termination of this Agreement. Annually Contractor agrees to
provide evidence of such coverage as required hereunder.
Contractor represents that this Agreement has been thoroughly reviewed by
Contractor’s insurance agent(s)/broker(s), who have been instructed by
Contractor to procure the insurance coverage required by this Agreement.
Not more frequently than once every five years, Railway may reasonably modify
the required insurance coverage to reflect then-current risk management
practices in the railroad industry and underwriting practices in the insurance
industry.
If any portion of the operation is to be subcontracted by Contractor, Contractor
shall require that the subcontractor shall provide and maintain insurance
coverage(s) as set forth herein, naming Railway as an additional insured, and
shall require that the subcontractor shall release, defend and indemnify Railway
to the same extent and under the same terms and conditions as Contractor is
required to release, defend and indemnify Railway herein.
Failure to provide evidence as required by this section shall entitle, but not
require, Railway to terminate this Agreement immediately. Acceptance of a
certificate that does not comply with this section shall not operate as a waiver of
Contractor's obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained
by Contractor shall not be deemed to release or diminish the liability of
Contractor including, without limitation, liability under the indemnity provisions of
this Agreement. Damages recoverable by Railway shall not be limited by the
amount of the required insurance coverage.
In the event of a claim or lawsuit involving Railway arising out of this agreement,
Contractor will make available any required policy covering such claim or lawsuit.
These insurance provisions are intended to be a separate and distinct obligation
on the part of the Contractor. Therefore, these provisions shall be enforceable
and Contractor shall be bound thereby regardless of whether or not indemnity
provisions are determined to be enforceable in the jurisdiction in which the work
covered hereunder is performed.
For purposes of this section, Railway shall mean “Burlington Northern Santa Fe
LLC”, “BNSF Railway Company” and the subsidiaries, successors, assigns and
affiliates of each.
4) SALES AND OTHER TAXES
In the event applicable sales taxes of a state or political subdivision of a state of
the United States are levied or assessed in connection with and directly related
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to any amounts invoiced by Contractor to Railway (“Sales Taxes”), Railway shall
be responsible for paying only the Sales Taxes that Contractor separately states
on the invoice or other billing documents provided to Railway; provided, however,
that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax
exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor
shall be responsible for all sales, use, excise, consumption, services and other
taxes which may accrue on all services, materials, equipment, supplies or
fixtures that Contractor and its subcontractors use or consume in the
performance of this Agreement, (iii) Contractor shall be responsible for Sales
Taxes (together with any penalties, fines or interest thereon) that Contractor fails
to separately state on the invoice or other billing documents provided to Railway
or fails to collect at the time of payment by Railway of invoiced amounts (except
where Railway claims a Sales Tax exemption), and (iv) Contractor shall be
responsible for Sales Taxes (together with any penalties, fines or interest
thereon) if Contractor fails to issue separate invoices for each state in which
Contractor delivers goods, provides services or, if applicable, transfers intangible
rights to Railway.
Upon request, Contractor shall provide Railway satisfactory evidence that all
taxes (together with any penalties, fines or interest thereon) that Contractor is
responsible to pay under this Agreement have been paid. If a written claim is
made against Contractor for Sales Taxes with respect to which Railway may be
liable for under this Agreement, Contractor shall promptly notify Railway of such
claim and provide Railway copies of all correspondence received from the taxing
authority. Railway shall have the right to contest, protest, or claim a refund, in
Railway’s own name, any Sales Taxes paid by Railway to Contractor or for which
Railway might otherwise be responsible for under this Agreement; provided,
however, that if Railway is not permitted by law to contest any such Sales Tax in
its own name, Contractor shall, if requested by Railway at Railway’s sole cost
and expense, contest in Contractor’s own name the validity, applicability or
amount of such Sales Tax and allow Railway to control and conduct such
contest.
Railway retains the right to withhold from payments made under this Agreement
amounts required to be withheld under tax laws of any jurisdiction. If Contractor
is claiming a withholding exemption or a reduction in the withholding rate of any
jurisdiction on any payments under this Agreement, before any payments are
made (and in each succeeding period or year as required by law), Contractor
agrees to furnish to Railway a properly completed exemption form prescribed by
such jurisdiction. Contractor shall be responsible for any taxes, interest or
penalties assessed against Railway with respect to withholding taxes that
Railway does not withhold from payments to Contractor.
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5) EXHIBIT “C” CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations,
requirements and limitations contained in the Agreement, and the Contractor
Requirements set forth on Exhibit “C” attached to the Agreement and this
Agreement, including, but not be limited to, payment of all costs incurred for any
damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting
from use, occupancy, or presence of its employees, representatives, or agents or
subcontractors on or about the construction site. Contractor shall execute a
Temporary Construction Crossing Agreement or Private Crossing Agreement
(http://www.bnsf.com/communities/faqs/permits-real-estate/), for any temporary
crossing requested to aid in the construction of this Project, if approved by BNSF.
6) TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway
(including its affiliated railway companies, and its tenants) for, from and against
all damages arising from any unscheduled delay to a freight or passenger train
which affects Railway's ability to fully utilize its equipment and to meet customer
service and contract obligations. Contractor will be billed, as further provided
below, for the economic losses arising from loss of use of equipment, contractual
loss of incentive pay and bonuses and contractual penalties resulting from train
delays, whether caused by Contractor, or subcontractors, or by the Railway
performing work under this Agreement. Railway agrees that it will not perform
any act to unnecessarily cause train delay.
For loss of use of equipment, Contractor will be billed the current freight train
hour rate per train as determined from Railway's records. Any disruption to train
traffic may cause delays to multiple trains at the same time for the same period.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain
other grain, intermodal, coal and freight trains operate under incentive/penalty
contracts between Railway and its customer(s). Under these arrangements, if
Railway does not meet its contract service commitments, Railway may suffer loss
of performance or incentive pay and/or be subject to penalty payments.
Contractor is responsible for any train performance and incentive penalties or
other contractual economic losses actually incurred by Railway which are
attributable to a train delay caused by Contractor or its subcontractors.
The contractual relationship between Railway and its customers is proprietary
and confidential. In the event of a train delay covered by this Agreement,
Railway will share information relevant to any train delay to the extent consistent
with Railway confidentiality obligations. The rate then in effect at the time of
performance by the Contractor hereunder will be used to calculate the actual
costs of train delay pursuant to this agreement.
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Contractor and its subcontractors must give Railway’s representative
(___________________) _____ (__) weeks advance notice of the times and
dates for proposed work windows. Railway and Contractor will establish mutually
agreeable work windows for the project. Railway has the right at any time to
revise or change the work windows due to train operations or service obligations.
Railway will not be responsible for any additional costs or expenses resulting
from a change in work windows. Additional costs or expenses resulting from a
change in work windows shall be accounted for in Contractor’s expenses for the
project.
Contractor and subcontractors must plan, schedule, coordinate and conduct all
Contractor's work so as to not cause any delays to any trains.
48 of 48
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized officer the day and year first above written.
Contractor.LegalName BNSF Railway Company
By: _____________________________ By: _____________________________
Printed Name: ____________________ Name: __________________________
Manager Public Projects
Title: ____________________________
Accepted and effective this ______day of 20__.
Contact Person: ___________________
Address: ________________________
City: ____________________________
State: ________ Zip: _______________
Fax: ____________________________
Phone: __________________________
E-mail: __________________________
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Agenda Item Summary Memo
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Submitted by:
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Reviewed By:
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Agenda Item Number
New Business #8
Tracking Number
PW 2017-17
Kennedy Road IGA
Public Works Committee – February 21, 2017
n/a
Majority
Approval
Intergovernmental Agreement for Resurfacing of Kennedy Road
Erin Willrett Administration
Name Department
Summary
Kendall County Highway Department has requested to use Kennedy Road as a detour route
during the upcoming Galena Road Bridge Project. In order to use the roadway as a detour route,
Kennedy Road must first be improved.
Background
The County approached the City in December 2016 regarding the use of a portion of Kennedy
Road and Bristol Ridge Road as a possible detour route during the upcoming Galena Road
Bridge reconstruction project. Galena Road will be closed for approximately 6 months to do the
bridge reconstruction work that will be done by the County. The portion of Kennedy Road to be
utilized by the Subject Detour Route would begin at Bristol Ridge Road and extend northerly to
Galena Road for a distance of approximately 7,400 feet. Prior to using Kennedy Road as the
detour route, it is recommended that the roadway be re-surfaced. The County is requesting a ½
acre of right-of-way from the City that is located on the South side of Galena Road to complete
the Galena Road Bridge Project.
The attached Intergovernmental Agreement, outlining the project and responsibilities in larger
detail, was put together between the City, County and Bristol. The City is planning to put 2 1/2
inches of overlay, including patching, shoulders and striping, on Kennedy Road this coming
fiscal year. The engineers cost estimate of this work is approximately $601,500.00. If the
Intergovernmental Agreement is approved, Kendall County will be reimbursing the City of
Yorkville with partial funding for the resurfacing of the roadway, in the amount of $160,000.00.
This amount was determined based on the cost estimate for 1 ½ inches of overlay, which would
be a reasonable offset of the additional traffic for the duration of the project, but is less thick than
the City prefers. If the project comes in less than that amount, the County would be responsible
for the lesser amount. The resurfacing project must be completed by the City no later than May
15, 2018. The City has budgeted a net $441,500.00 for the Kennedy Road improvements in the
proposed FY18 budget within the City-Wide Capital expenditure fund. If approved, in order to
meet the completion deadline of May 2018, the project will go out for bid letting on
approximately May 8th and be ready for construction in June. This resurfacing work will extend
the lifespan of the roadway by approximately 10 years. The Agreement also outlines the City
conveyance of the ½ acre of right-of-way on the South side of Galena Road that is needed for the
Galena Road Bridge Project, at no cost. Kendall County will prepare all necessary plats, legal
descriptions and title work to enable such donation to take place.
The attached document is going before the Kendall County Highway Committee on February
14th for discussion. And then, if recommended, it will go to the County Board on February 21st.
Recommendation
Staff recommends City Council approval of the Intergovernmental Agreement as attached.
Memorandum
To: Public Works Committee
From: Erin Willrett, Assistant City Administrator
CC:
Date: February 21, 2017
Subject: Kennedy Road Intergovernmental Agreement
Resolution No. 2017-____
Page 1
Resolution No. 2017-_____
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
KENDALL COUNTY, ILLINOIS, BRISTOL TOWNSHIP ROAD DISTRICT, ILLINOIS
AND THE UNITED CITY OF YORKVILLE, ILLINOIS RELATING TO THE GALENA
ROAD BRIDGE PROJECT AND ASSOCIATED DETOUR ROUTES
WHEREAS, the United City of Yorkville, Kendall County, Illinois (“City”), the County
of Kendall, Illinois (“Kendall County”), and the Bristol Township Road District (“Township”)
are duly organized and validly existing units of local government created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,
provides that units of local government may contract or otherwise associate among themselves to
obtain or share services and to exercise, combine, or transfer any power or function in any
manner not prohibit by law or by ordinance and may use their credit, revenues, and other
resources to pay costs related to intergovernmental activities; and,
WHEREAS, pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.,
the City, Kendall County, and the Township are authorized to enter into an agreement for the
joint performance of any powers, privileges, functions or authority which may be exercised by a
public agency of the State of Illinois; and,
WHEREAS, a portion of Galena road will necessarily be closed when Kendall County
replaces the Galena Road Bridge and a need for a safe detour route for the motoring public will
be required; and,
WHEREAS, the proposed detour route, as is represented on Exhibit A, includes roads
within the Jurisdiction of the City and the Township (the “Subject Detour Route”); and,
WHEREAS, a portion of Kennedy Road within the Subject Detour Route beginning at
Bristol Ridge Road and extending northerly to Galena Road for a distance of approximately
7,400 feet (the “Subject Road”) is in need of resurfacing in order to promote the public’s safety
for its use in the Subject Detour Route; and,
WHEREAS, the City, Kendall County, and the Township believe it to be in each of their
respective best interests and the best interests of the citizens and taxpayers each serves to enter
into an agreement to cooperate in establishing the Subject Detour Route and the resurfacing of
Resolution No. 2017-____
Page 2
the Subject Road in accordance with the terms and conditions as set forth an intergovernmental
agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Intergovernmental Agreement Between Kendall County, Illinois,
Bristol Township Road District, Illinois and the United City of Yorkville, Illinois Relating to the
Galena Road Bridge Project and Associated Detour Routes, attached hereto and made a part
hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and
deliver said Agreement on behalf of the United City of Yorkville.
Section 2. The Mayor and City clerk are hereby authorized and directed to undertake any
and all actions as may be required to implement the terms of said Agreement.
Section 3. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
_____ day of ____________________, 2017.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ JOEL FRIEDERS ________
CHRIS FUNKHOUSER ________ DIANE TEELING ________
SEAVER TARULIS ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of ____________________, 2017.
______________________________
MAYOR
Attest:
___________________________________
City Clerk
1
INTERGOVERNMENTAL AGREEMENT BETWEEN KENDALL COUNTY,
ILLINOIS, BRISTOL TOWNSHIP ROAD DISTRICT, ILLINOIS AND THE UNITED
CITY OF YORKVILLE, ILLINOIS RELATING TO THE GALENA ROAD BRIDGE
PROJECT AND ASSOCIATED DETOUR ROUTES
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is by and
between the County of Kendall, a unit of local government of the State of Illinois (“Kendall
County”), the Bristol Township Road District, a unit of local government of the State of Illinois
(the “Township”) and the United City of Yorkville (the “City”) a municipal corporation of the
State of Illinois.
WITNESSETH:
WHEREAS, the City, Township and Kendall County (the “parties”) are units of local
government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who
are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental
Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,
provides that units of local government may contract or otherwise associate among themselves to
obtain or share services and to exercise, combine, or transfer any power or function in any
manner not prohibited by law or by ordinance and may use their credit, revenues, and other
resources to pay costs related to intergovernmental activities; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., provides that
any county may participate in an intergovernmental agreement under this Act notwithstanding
the absence of specific authority under the State law to perform the service involved, provided
that the unit of local government contracting with Kendall County has authority to perform the
service; and
2
WHEREAS, Galena Road Bridge crosses over Blackberry Creek about three-tenths of a
mile west of Kennedy Road, and it has been determined that it is in need of replacement; and
WHEREAS, in order to efficiently and safely replace the Galena Road Bridge (the
“Galena Road Bridge Project”), it will be necessary for Kendall County to close Galena Road in
its entirely at said bridge for approximately six months. Such closure will result in the need for a
safe detour route for the motoring public during such construction period; and
WHEREAS, Kendall County has determined that the most proper signed detour route for
Galena Road, as is represented on Exhibit A, would involve traffic being redirected onto
Cannonball Trail, Bristol Ridge Road and Kennedy Road (the “Subject Detour Route”); and
WHEREAS, certain parts of Bristol Ridge Road and Kennedy Road are municipal roads
within the jurisdiction of the City; and
WHEREAS, Bristol Ridge Road north of Blackberry Creek Road is a township road; and
WHEREAS, the portion of Bristol Ridge Road to be utilized by the Subject Detour
Route would begin at Kennedy Road and extend northerly to a point just north of Blackberry
Creek Bridge, a distance of approximately 1,300 feet; and
WHEREAS, the portion of Kennedy Road to be utilized by the Subject Detour Route
would begin at Bristol Ridge Road and extend northerly to Galena Road for a distance of
approximately 7,400 feet (the “Subject Road”); and
WHEREAS, it is deemed to be in the best interest of Kendall County and the motoring
public to improve and maintain the various roadways throughout Kendall County, including
those within the municipalities of the County; and
WHEREAS, it has been determined that the Subject Road is currently in need of
resurfacing prior to being utilized as a detour route for the general motoring public and that
3
Kendall County will provide the City with partial funding for such resurfacing for the public’s
safety; and
WHEREAS, it is the understanding of the parties that upon completion of the Galena
Road Bridge Project, the City alone will maintain, repair and otherwise care for the Subject Road
and that Kendall County will have no duties to maintain, repair or otherwise care for the Subject
Road at any time in the future; and
WHEREAS, Kendall County, the Township and the City wish to enter into an agreement
wherein they will cooperate in the establishment of the Subject Detour Route for use by the
public during the Galena Road Bridge Project’s construction and Kendall County and the City
seek to cooperate in the resurfacing of the Subject Road as is herein laid out.
NOW, THEREFORE, in consideration of the foregoing preambles, the mutual
covenants contained herein and for good and valuable consideration, the sufficiency of which is
agreed to by the Parties hereto, Kendall County, the Township and the City covenant, agree and
bind themselves as follows, to wit:
1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in
this paragraph 1.
2. The City shall perform all related project bidding, awarding, engineering, inspection,
documentation and payment in regard to the resurfacing of certain parts of the Subject Road
no later than May 15, 2018 (the “Kennedy Road Project”). The City shall perform all
services as specified herein in compliance with state and federal laws and regulations. The
City shall comply with all competitive bidding and selection requirements necessary for
construction and completion of the Project pursuant to applicable state and federal laws.
4
3. Kendall County shall be responsible for reimbursing the City an amount not to exceed one
hundred and sixty thousand dollars ($160,000.00) for the costs, which are budgeted for use
on the Kennedy Road Project. Following completion of the Kennedy Road Project, Kendall
County shall remit payment of one hundred and sixty thousand dollars ($160,000.00), or such
lesser amount as described below, to the City within thirty (30) calendar days of written
request of the funds. Should the project costs not rise above one hundred and sixty thousand
dollars ($160,000.00), the County shall only be responsible for reimbursement of the lesser
amount incurred by the City on said project.
4. During the course of construction of the Kennedy Road Project, the City shall ensure that
each contractor and/or subcontractor performing work on the Project shall obtain and
continue in force during the term of the Project, all insurance necessary and appropriate and
that each contractor and/or subcontractor contracted with to perform work on the Kennedy
Road Project shall name Kendall County and the City as an Additional Insured on a Primary
and Non-Contributory basis with respect to all liability coverage. Further, all contractor
and/or subcontractor liability and workers’ compensation policies must include a waiver of
subrogation in favor of Kendall County and the City.
5. In consideration for the above services, the City will permit Kendall County to utilize the
Subject Road, as well as Bristol Ridge Road as a signed detour route for the Galena Road
Bridge Project, which is expected to last six months and take place within the next five (5)
years. Further, the City shall donate to Kendall County an approximately ½ acre right-of-way
on the South side of Galena Road for use in the Galena Road Bridge Project. Kendall county
shall prepare all necessary plats, legal descriptions and title work to enable such donation to
take place.
5
6. The Township shall also permit Kendall County to utilize the portion of Bristol Ridge Road
under its jurisdiction as a signed detour route for the Galena Road Bridge Project, which is
expected to last six months and take place within the next five (5) years.
7. The parties hereby understand and agree that this Intergovernmental Agreement shall not
require, nor confer, any additional responsibility on any of the parties to undertake
maintenance, repairs or improvements to the Subject Detour Route roadways, except as are
already provided by law or otherwise described in this Agreement.
8. Each Party shall hold harmless, indemnify and defend the other parties, including such
party’s past, present, and future board members, elected officials, insurers, employees, and
agents from and against all liability, claims, suits, demands, proceedings and actions,
including costs, reasonable fees and expense of defense, arising from, to, any loss, damage,
injury, death, or loss or damage to property (collectively, the “Claims”), to the extent such
Claims result from either 1) intentional, willful, wanton, reckless or negligent conduct by
such indemnifying party in the use, maintenance, repair, and/or resurfacing of the Subject
Road or 2) such indemnifying party's failure to adequately perform its obligations pursuant to
this Agreement. However, no Party shall be indemnified hereunder for any loss, liability,
damage, or expense resulting from its own intentional, willful, wanton, reckless or negligent
misconduct.
Nothing contained herein shall be construed as prohibiting The City, Township or Kendall
County, its officials, directors, officers, agents and employees, from defending through the
selection and use of their own agents, attorneys and experts, any claims, suits, demands,
proceedings and actions brought against them. The City, Township and/or Kendall County’s
participation in their own defense shall not remove the other party’s and/or Contractors and
6
Subcontractors’ duty to indemnify, defend, and hold the other party harmless, as set forth
herein. The City, Township and Kendall County do not waive their defenses or immunities
under the Local Government and Governmental Employees Tort Immunity Act (745 ILCS
10/1 et seq.) or other such Acts by reason of indemnification or insurance.
9. Nothing in this agreement shall be interpreted to alter the parties’ jurisdiction over any of the
Subject Detour Route roadways.
10. Nothing in this Agreement shall be construed as to create a duty or responsibility on behalf of
Kendall County to maintain, repair, replace, or otherwise control the Subject Road or the
improvements completed thereon.
11. This Agreement and the rights of the parties hereunder may not be assigned (except by
operation of law), and the terms and conditions of this Agreement shall inure to the benefit of
and be binding upon the respective successors and assigns of the parties hereto. Nothing in
this Agreement, express or implied, is intended to confer upon any party, other than the
parties and their respective successors and assigns, any rights, remedies, obligations or
liabilities under or by reason of such agreements.
12. Any notice required or permitted to be given pursuant to this Agreement shall be duly given
if sent by fax, certified mail, or courier service and received. As such, all notices required or
permitted hereunder shall be in writing and may be given by either (a) depositing the same in
the United States mail, addressed to the party to be notified, postage prepaid and certified
with the return receipt requested, (b) delivering the same in person, or (c) telecopying the
same with electronic confirmation of receipt.
If to the County: County Engineer
Kendall County Highway Department
6780 Route 47
Yorkville, Illinois 60560
7
With copy to: Kendall County State’s Attorney
807 John Street,
Yorkville, Illinois, 60560
If to the City: City Administrator
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
If to the Township: Jeff Corneils
Bristol Township Highway Commissioner
P.O. Box 165
Bristol, IL 60512
Or such address or counsel as any party hereto shall specify in writing pursuant to this
Section from time to time.
13. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any
legal proceeding related to enforcement of this Agreement shall be brought in the Circuit
Court of Kendall County, Illinois. In case any provision of this Agreement shall be declared
and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such
provision shall, to the extent possible, be modified by the court in such manner as to be valid,
legal and enforceable so as to most nearly retain the intent of the parties, and, if such
modification is not possible, such provision shall be severed from this Agreement, and in
either case the validity, legality, and enforceability of the remaining provisions of this
Agreement shall not in any way be affected or impaired thereby.
14. This Agreement may be executed in counterparts (including facsimile signatures), each of
which shall be deemed to be an original and both of which shall constitute one and the same
Agreement.
15. This Agreement represents the entire agreement between the parties and there are no other
promises or conditions in any other agreement whether oral or written. Except as stated
8
herein, this agreement supersedes any other prior written or oral agreements between the
parties about the subject projects and may not be further modified except in writing
acknowledged by all parties;
16. This Agreement may be terminated by any party by providing thirty (30) days advance
written notice to the other party. However, the parties shall not be permitted to cancel the
agreement once the City has begun the process of improving the subject portion of Kennedy
Road. Further, neither the Township nor the City shall be permitted to terminate the
Agreement once the Galena Road Bridge Project begins construction. Once construction has
begun, any obligations assumed by the City and Township herein shall survive any
termination of this Agreement
17. Nothing contained in this Agreement, nor any act of Kendall County, the Township or the
City pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or
by third persons, to create any relationship of third party beneficiary, principal, agent, limited
or general partnership, joint venture, or any association or relationship involving the County,
Township and the City.
18. This Agreement shall be in full force and effect for a period of ninety-nine (99) years from
the date of the last signature below unless: 1) it is agreed to terminate this Agreement in
writing signed by all parties, or 2) it is cancelled pursuant to paragraph 18 above, or 3) the
Galena Road Bridge Project is completed, at which time the Agreement shall be terminated.
19. This Agreement shall be effective upon approval by the respective legislative bodies of
Kendall County, the Township and the City and the date of this Agreement shall be deemed
as the last date of acceptance of this as provided herein below.
9
20. Kendall County, the Township and the City each hereby warrant and represent that their
respective signatures set forth below have been, and are on the date of this Agreement, duly
authorized by all necessary and appropriate corporate and/or governmental action to execute
this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental
Agreement to be executed by their duly authorized officers on the above date.
County of Kendall, a unit of local government United City of Yorkville, Kendall County,
of the State of Illinois Illinois a municipal corporation
By: ____________________________ By: __________________________________
Chair, Kendall County Board Mayor
Date: ____________________________ Date: ____________________________
Attest: Attest:
____________________________ ____________________________
County Clerk City Clerk
Bristol Township Road District, a unit of local
government of Illinois
By: __________________________________
Commissioner, Bristol Township Road District
Date: ____________________________
Attest:
____________________________
Township Clerk
DETOUR ROUTE
for
Galena Road Bridge over Blackberry Creek
Kendall County Jurisdiction
Bristol Road District Jurisdiction
City of Yorkville Jurisdiction
EXHIBIT A
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #9
Tracking Number
PW 2017-18
Kennedy Road Improvements – Design and Construction Engineering Services Agreement
Public Works Committee – February 21, 2017
Majority
Approval
Bart Olson Administration
Name Department
Kennedy Road Improvements
United City of Yorkville, Kendall County, IL
Professional Services Agreement - Design and Construction Engineering
THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred
to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as
the "Contractor" or “ENGINEER” agrees as follows:
A. Services:
ENGINEER agrees to furnish to the City the following services: The ENGINEER shall
provide any and all necessary engineering services to the City as indicated on the
included Attachment A. Design engineering for Kennedy Road as indicated on
Attachment D will be provided; additionally construction engineering will be provided.
All Engineering will be in accordance with all City and Illinois Department of
Transportation requirements.
B. Term:
Services will be provided beginning on the date of execution of this agreement and
continuing, until terminated by either party upon 7 days written notice to the non-
terminating party or upon completion of the Services. Upon termination the ENGINEER
shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to ENGINEER:
ENGINEER shall receive as compensation for all work and services to be performed
herein, an amount based on the Estimate of Level of Effort and Associated Cost included
in Attachment B. Design Engineering will be paid for as a Lump Sum in the amount of
$24,100.00 and Construction Engineering will be paid for hourly at the actual rates for
services to be performed, currently estimated at $35,300.00. The hourly rates for this
project are shown in the attached 2016 Standard Schedule of Charges. All payments will
be made according to the Illinois State Prompt Payment Act and not less than once every
thirty days.
For outside services provided by other firms or subconsultants, the City shall pay the
ENGINEER the invoiced fee to the ENGINEER, plus 0%. Such outside services include,
but are not limited to services to be provided by Rubino Engineering, currently estimated
at $5,000.00
D. Changes in Rates of Compensation:
In the event that this contract is designated in Section B hereof as an Ongoing Contract,
ENGINEER, on or before February 1st of any given year, shall provide written notice of
Kennedy Road Improvements
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
any change in the rates specified in Section C hereof (or on any attachments hereto) and
said changes shall only be effective on and after May 1st of that same year.
E. Ownership of Records and Documents:
ENGINEER agrees that all books and records and other recorded information developed
specifically in connection with this agreement shall remain the property of the City.
ENGINEER agrees to keep such information confidential and not to disclose or
disseminate the information to third parties without the consent of the City. This
confidentiality shall not apply to material or information, which would otherwise be
subject to public disclosure through the freedom of information act or if already
previously disclosed by a third party. Upon termination of this agreement, ENGINEER
agrees to return all such materials to the City. The City agrees not to modify any original
documents produced by ENGINEER without contractors consent. Modifications of any
signed duplicate original document not authorized by ENGINEER will be at OWNER’s
sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned
document will, likewise, be at the OWNER’s sole risk and without legal liability to the
ENGINEER.
F. Governing Law:
This contract shall be governed and construed in accordance with the laws of the State of
Illinois. Venue shall be in Kendall County, Illinois.
G. Independent Contractor:
ENGINEER shall have sole control over the manner and means of providing the work
and services performed under this agreement. The City’s relationship to the ENGINEER
under this agreement shall be that of an independent contractor. ENGINEER will not be
considered an employee to the City for any purpose.
H. Certifications:
Employment Status : The Contractor certifies that if any of its personnel are an employee
of the State of Illinois, they have permission from their employer to perform the service.
Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled
Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of
bribery or attempted bribery of an officer or employee of the State of Illinois or any
other state.
Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not
in default for a period of six months or more in an amount of $600 or more on the
repayment of any educational loan guaranteed by the Illinois State Scholarship
Kennedy Road Improvements
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
Commission made by an Illinois institution of higher education or any other loan made
from public funds for the purpose of financing higher education (5 ILCS 385/3).
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois
Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting : The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois
Compiled Statutes 5/33E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug
Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this
contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or
more employees certify and agree to take steps to ensure a drug free workplace by
informing employees of the dangers of drug abuse, of the availability of any treatment or
assistance program, of prohibited activities and of sanctions that will be imposed for
violations; and that individuals with contracts certify that they will not engage in the
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775
Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities
Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The
equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights
Rules is specifically incorporated herein. The Contractor shall comply with Executive
Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order
11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R.
Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under
this Contract.
International Boycott: The Contractor certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in
violation of the provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS
582).
Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the
Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of
the date of completion of this Contract or the date of final payment under the Contract, all
books and records relating to the performance of the Contract and necessary to support
amounts charged to the City under the Contract. The Contract and all books and records
related to the Contract shall be available for review and audit by the City and the Illinois
Auditor General. If this Contract is funded from contract/grant funds provided by the
Kennedy Road Improvements
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
U.S. Government, the Contract, books, and records shall be available for review and
audit by the Comptroller General of the U.S. and/or the Inspector General of the federal
sponsoring agency. The Contractor agrees to cooperate fully with any audit and to
provide full access to all relevant materials.
United States Resident Certification: (This certification must be included in all contracts
involving personal services by non-resident aliens and foreign entities in accordance with
requirements imposed by the Internal Revenue Services for withholding and reporting
federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen
___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that
taxes be withheld on payments made to non resident aliens for the performance of
personal services at the rate of 30%.
Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its
Federal Tax Payer Identification Number or Social Security Number is (provided
separately) and is doing business as a (check one): ___ Individual ___ Real Estate
Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax
Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation
___ Trust or Estate ___ Medical and Health Care Services Provider Corp.
I. Indemnification:
ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and
employees against all loss, damage, and expense which it may sustain or for which it will
become liable on account of injury to or death of persons, or on account of damage to or
destruction of property resulting from the performance of work under this agreement by
ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful
act or negligence of ENGINEER or its Subcontractors of any employee of any of them.
In the event that the either party shall bring any suit, cause of action or counterclaim
against the other party, the non-prevailing party shall pay to the prevailing party the cost
and expenses incurred to answer and/or defend such action, including reasonable attorney
fees and court costs. In no event shall the either party indemnify any other party for the
consequences of that party’s negligence, including failure to follow the ENGINEER’s
recommendations.
J. Insurance:
The ENGINEER agrees that it has either attached a copy of all required insurance
certificates or that said insurance is not required due to the nature and extent of the types
of services rendered hereunder. (Not applicable as having been previously supplied)
K. Additional Terms or Modification:
The terms of this agreement shall be further modified as provided on the attachments.
Except for those terms included on the attachments, no additional terms are included as a
Kennedy Road Improvements
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
part of this agreement. All prior understandings and agreements between the parties are
merged into this agreement, and this agreement may not be modified orally or in any
manner other than by an agreement in writing signed by both parties. In the event that
any provisions of this agreement shall be held to be invalid or unenforceable, the
remaining provisions shall be valid and binding on the parties. The list of attachments
are as follows:
Attachment A: Scope of Services
Attachment B: Estimated Level of Effort and Associated Cost
Attachment C: Anticipated Project Schedule
Attachment D: Location Map
Attachment E: 2016 Standard Schedule of Charges
L. Notices:
All notices required to be given under the terms of this agreement shall be given mail,
addressed to the parties as follows:
For the City: For the ENGINEER:
City Administrator and City Clerk Engineering Enterprises, Inc.
United City of Yorkville 52 Wheeler Road
800 Game Farm Road Sugar Grove Illinois 60554
Yorkville, IL 60560
Either of the parties may designate in writing from time to time substitute addresses or
persons in connection with required notices.
Agreed to this _____day of __________________, 2017.
United City of Yorkville: Engineering Enterprises, Inc.:
_________________________________ ________________________________
Gary Golinski Brad Sanderson, P.E.
Mayor Vice President
_________________________________ ________________________________
Beth Warren Angie Smith
City Clerk Executive Assistant
Kennedy Road Improvements
United City of Yorkville
Kendall County, IL
Professional Services Agreement - Design and Construction Engineering
Attachment A – Scope of Services
Design Engineering:
Coordinate and develop with City Staff the final scope of improvements
Obtain, review and inventory existing utility, roadway, right-of-way, ownership, soil data, etc.
Obtain geotechnical site data, consisting of pavement cores taken every 300-500 feet, as necessary.
Confirm pavement design and rehabilitation methodology.
Prepare Local bid package, and ancillary documents, including:
o BLR12200 – Local Public Agency Formal Contract Proposal
o BLR12200 A – Schedule of Prices
o BLR12230 - Bid Bond Form
o BC57 - Affidavit of Availability
o BLR11310 – Special Provisions
o Index for Supplemental Specifications and Recurring Special Provisions
o Check Sheet for Recurring Special Provisions
o Special Provisions
o Bureau of Design and Environment Special Provisions/Check sheets
o Local Roads Special Provisions
o District Special Provisions
o Location Map
o City Provisions & Details
o Existing/Proposed Typical Sections
o Highway Standards
o Prevailing Wage
o BLR14232 – Municipal Maintenance Operations
Coordinate City review, including revisions and approval
Prepare preliminary and final cost estimates
Assist in bidding, contractor/bid evaluations, contract preparation and additional contract administration as
required; facilitate City approval of Contract
Attend meetings with Staff to review design progress
Provide all bid packages in 8 ½” x 11½” format
Provide planning/design/construction schedule and updates regarding any potential items affecting the
schedule
Construction Engineering:
Attend the Pre-Construction Conference with the Contractor
Provide resident engineering for on-site observation
Daily documentation of work tasks and calculation of installed pay items
Monitor adherence to specifications
Gather material inspection and coordinate any required testing on behalf of the City
Provide guidance to the contractor when questions arise during construction
Prepare/verify payment estimates and gather certified payrolls and waivers of lien
Provide information to residents as required
Perform punch list inspections, provide follow up inspections and recommend acceptance when appropriate
Communicate activities with City weekly, or as required based on onsite activities
Prepare necessary closeout paperwork.
ATTACHMENT B - ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES KENNEDY ROAD IMPROVEMENTSUnited City of Yorkville, ILENTITY:ADMIN. WORKPRINCIPAL SENIOR SENIOR SENIOR ITEM COSTWORKIN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT HOUR PERITEMCHARGE MANAGER ENGINEER ENGINEER MANAGER SURVEYOR I TECHNICIAN MANAGER TECHNICIAN ADMIN. SUMM. ITEMNO. WORK ITEM HOURLY RATE: $185 $163 $141 $129 $163 $141 $117 $163 $129 $78FINAL ENGINEERING2.1 Project Management and Administration 620 26 4,370$ 2.2 Project Meetings22 2 6 978$ 2.3 Geotechnical Investigation (Coordination, Field Work, Review Report)2 4 6 890$ 2.4 Analyze/Finalize Roadway Rehabilitation Methods2 4 6 890$ 2.5 Site Review, Identification of Required Improvements2 16 2 20 2,738$ 2.6 Prepare Pre-Final Bid Package/Exhibits- 50%4 20 8 32 4,504$ 2.7 Prepare Pre-Final Bid Package/Exhibits- 100% 18 32 8 49 7,033$ 2.8 Prepare Engineer's Opinion of Probable Construction Cost - 100%2 4 6 890$ 2.9 Bidding and Contracting 12 8 2 13 1,795$ Final Engineering Subtotal: 10 44 90 - - - - - 16 4 164 24,088$ CONSTRUCTION ENGINEERING3.1 Contract Administration4 16 16 36 5,412$ 3.2 Construction Layout4 20 24 3,232$ 3.3 Observation and Documentation8 12 180 200 26,656$ Construction Engineering Subtotal: 12 32 - 216 - - - - - - 260 35,300$ PROJECT TOTAL: 22 76 90 216 - - - - 16 4 424 59,388 Printing = -$ 57,012$ Supplies & Misc. = -$ -$ Geotechnical (Rubino) = -$ 2,064$ Material Testing (Rubino) = 5,000$ 312$ 59,388$ DIRECT EXPENSES = 5,000$ 64,388$ \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2017\[Attachment B - Fee Estimate.xlsx]Fee SummaryTOTAL EXPENSES = ENGINEERING SURVEYING DRAFTINGEngineering Expenses = DIRECT EXPENSESLABOR SUMMARYPROJECT ROLE:Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES =
WORKYear:ITEM Month:NO. WORK ITEM Week Starting:123412341234123412341234123412341234FINAL DESIGN ENGINEERING2.1 Project Management and Administration2.2 Project Meetings2.3 Geotechnical Investigation (Coordination, Field Work, Review Report)2.4 Analyze/Finalize Roadway Rehabilitation Methods2.5 Site Review, Identification of Required Improvements2.6 Prepare Pre-Final Bid Package/Exhibits- 50%2.7 Prepare Pre-Final Bid Package/Exhibits- 100%2.8 Prepare Engineer's Opinion of Probable Construction Cost - 100%2.9 Bidding and ContractingCONSTRUCTION ENGINEERING3.1 Contract Administration3.2 Constructing Layout3.3 Observation and Documentation\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2017\[Attachment C - Schedule.xls]ScheduleLegendProject Management & QC/QA PreliminaryMeeting(s) Design Work ItemBidding and Contracting ConstructionMay2017January February March April June July August SeptemberATTACHMENT C:ANTICIPATED PROJECT SCHEDULEKENNEDY ROAD IMPROVEMENTSUNITED CITY OF YORKVILLE
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ATTACHMENT D
www.eeiweb.com
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
February 2017
YO1710
YO1710 -Kennedy Rd Improve...MXD
H:\GIS\PUBLIC\YORKVILLE\2017\
MJT ³United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Legend
Kennedy Road Improvements
1,600 0 1,600800 Feet
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #10
Tracking Number
PW 2017-19
Route 34 Improvements (Center to Eldamain)
Public Works Committee – February 21, 2017
Consideration of Approval
Consideration of Agreement
Brad Sanderson Engineering
Name Department
Attached is the draft City-State Agreement from IDOT in regards to the above referenced project. The
intent of the agreement is to summarize the anticipated costs and outline the maintenance responsibilities
to the City for the project. Currently, IDOT is projecting a Spring 2018 construction start.
The total local share is anticipated to be $407,882 as noted below and described in detail in the
agreement.
Cost Share Item Est. Const. Cost
Est. Local
Share of
Const. Cost
Est. Local
Share of
Eng. Cost
Total Est.
Local Cost
Share
Public Traffic Signals $ 1,040,000 $ 87,680 $ 13,152 $ 100,832
Isabel Dr. Traffic Signals $ 165,000 $ 165,000 $ 24,750 $ 189,750
Emergency Pre‐Emption $ 15,000 $ 15,000 $ 2,250 $ 17,250
Combination Highway Lighting $ 45,000 $ 45,000 $ 6,750 $ 51,750
Shared Use Path & Sidewalk $ 275,000 $ 55,000 $ 8,250 $ 63,250
Credit for Existing Sidewalk $ 65,000 $ (13,000) $ (1,950) $ (14,950)
Total: $ 354,680 $ 53,202 $ 407,882
After construction, the Cities maintenance responsibilities will be as described on pages 6 and 7 of the
agreement.
At this time, IDOT is requesting approval of the City-State Agreement. The Agreement is consistent with
the previously approved Letter of Understanding (attached).
If you have any questions or require additional information, please let us know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: February 15, 2017
Subject: Rt 34 Improvements (Eldamain to Center)
Contract 66993 Agreement JN 317001
1
FAP 591 (US 34)
Section (13)R-2[(13BR)C,(13BR-1)BR]
Kendall County
Reconstruction to a 5-lane section
bridge replacement (SN 047-0049) and culvert replacement (SN 047-2014)
Job No. C-93-095-15
Contract No. 66993
Agreement JN 317001
AGREEMENT
This agreement is entered into by and between the State of Illinois, through its Department of
Transportation, hereinafter called the STATE, and the United City of Yorkville of Kendall County,
Illinois, hereinafter called the CITY.
WHEREAS, the STATE is an agency of the state government and the CITY is a unit of local
government authorized to enter into intergovernmental agreements pursuant to the
Intergovernmental Cooperation Act 5ILCS 220, et seq, and the Illinois Constitution Article VII,
Sec. 10.
WHEREAS, to facilitate the free flow of traffic and ensure safety to the traveling public, the
STATE and CITY are desirous of reconstructing US Route 34 (identified as Veterans Parkway
within the CITY) from Eldamain Road east to Center Parkway. Work will include removal of the
existing pavement and construction of new pavement to provide two lanes in each direction with
a flush median, curb and gutter, drainage improvements, bicycle and pedestrian
accommodations, and safety improvements. The culvert (SN 047-2014) carrying Rob Roy
Creek under US 34 will be replaced with a double 12’X9’ box culvert and the bridge (SN 047-
0049) carrying US 34 over Blackberry Creek will be replaced with a two span bridge.
Termini of the subject project are approximately from the intersection of Eldamain Road with US
34 to the intersection of Center Parkway with US 34. The gross length of the project is 10,854
feet. The subject project is hereby identified under FAP 591 (US 34), State Section (13)R-
2[(13BR)C,(13BR-1)BR], Job No. C-93-095-15 and Contract No. 66993 (see project location
map attached hereto as Exhibit # 1).
WHEREAS, some work contained within this contract will take place outside the corporate limits
or highway jurisdiction of the CITY. The content of this agreement shall be limited to address
only work which is located within the United City of Yorkville. Traffic signal upgrades at
Eldamain Road and any work within the intersection or west of the intersection is outside the
limits of the CITY and is not addressed herein.
WHEREAS, the STATE is to apply Federal National Corridor Infrastructure Improvement
Program (NCII) and National Highway Performance Program (NHPP) funds toward financing
this project. Application is at an 80 percent federal and 20 percent STATE matching formula.
WHEREAS, the existing subject portion of US 34 consists of a variety of roadway cross
sections. Existing pavement sections vary from two to five lane widths, some areas having curb
Contract 66993 Agreement JN 317001
2
and gutter while many areas retain a rural cross section with a combination of paved and
aggregate shoulders and open roadside drainage ditches.
WHEREAS, the purpose of this agreement is to provide a general description to the scope of
work proposed with the subject project. All desired specific details of type of work, locations,
design dimensions, elevations, item quantities and materials are to be obtained from the related
project design plan sheets which serve as a supplement to this agreement. The said plans
have been provided to the CITY for its review, comment and concurrence. Additional purposes
of this agreement are to provide estimated costs, cite cost sharing participation between the
STATE and CITY, determine responsibilities of funding, commitments to payments, and define
jurisdictional and maintenance responsibilities of various roadways, utilities and appurtenances
relating to the subject project.
WHEREAS, the proposed scope of work for the subject project is as follows:
A. Mainline US 34 Reconstruction - (80% FEDERAL/20% STATE Cost): Proposed is the
removal of existing pavement and construction of new Portland cement concrete pavement
to provide a 67 to 69 foot wide section (face to face of curb) with continuous shared use
path and sidewalk through most of the project. Two through lanes in each direction will be
provided throughout with 12 foot inside lanes and 13 to 14 foot outside lanes. A 13 foot
center lane will serve as a flush median, two-way left turn lane, or dedicated turn lane as
appropriate and right turn lanes are proposed in addition where they are warranted. Storm
sewer and barrier curb and gutter will be constructed along the edge of pavement
throughout the project limits.
The culvert (SN 047-2014) carrying Rob Roy Creek under US 34 will be replaced with a
double 12’X9’ box culvert and the bridge (SN 047-0049) carrying US 34 over Blackberry
Creek will be replaced with a two span bridge.
Retaining walls will be constructed along the south side of US 34 from Blackberry Creek to
Game Farm Road and from Game Farm Road east to approximate Station 379+00.
Noise abatement walls will be constructed along the south side of US 34 at two locations.
One location includes two separate walls and extends from approximate Station 289+25 to
304+46 with approximate 100 foot extensions along Diehl Farm Road within that section.
The second location is east of Game Farm Road from approximate Station 375+24 to
379+00. This wall will be located on top of the proposed retaining wall.
B. Reconstrucion of Local Roads Intersecting US 34 - (80% FEDERAL/ 20% STATE
Cost): Improvements are required on the adjoining local roads to match width and profile
changes proposed on US 34. The local road intersections to be included are as follows:
a. US 34 at Diehl Farm Road – Diehl Farm Road will retain the existing lane
configuration and will remain unsignalized but the pavement at the intersection
will be reconstructed. A noise abatement wall will be constructed along the south
side of US 34 on both sides of the intersection and will extend approximately one
hundred feet along each side of Diehl Farm Road.
b. US 34 at Sycamore Road – The intersection pavement will be reconstructed to
provide a lane configuration similar to the existing.
Contract 66993 Agreement JN 317001
3
c. US 34 at Beecher Road – A minimal amount of the local road pavement north
and south of US 34 will need to be reconstructed. Radii and lane configurations
will closely match the existing.
d. US 34 at Cannonball Trail – Approximately 50 feet of pavement north of US 34
and 100 feet south of US 34 will be reconstructed. Radii and lane configurations
will be similar to the existing.
e. US 34 at Game Farm Road – Approximately 100 feet of pavement will be
reconstructed south of US 34. Lane configuration will remain as existing and
radii will be widened. Retaining walls will be constructed along the south side of
US 34 and the wall east of the intersection will connect to the existing wall along
the east side of Game Farm Road.
f. US 34 at Center Parkway – Approximately 100 feet of pavement south of US 34
and 120 feet of pavement north of US 34 will be reconstructed. Lane
configurations will remain as existing but the island nose adjacent to and north of
US 34 will be modified and radii will be widened in the northwest and southwest
quadrants.
C. Upgrade or Replace Existing Traffic Signals - (Variable Cost Share Participation):
a. Traffic signals will be upgraded at four intersections along US 34 within the CITY.
The CITY’s cost share participation percentage will vary based on the number of
legs and jurisdiction of each leg. The CITY’s cost share percentage will be 10
percent at the four legged intersection with Beecher Road, Cannonball Trail, and
Center Parkway. The CITY’s cost share percentage will be 100 percent at Isabel
Drive because it is a private benefit traffic signal. Cost estimates are included in
the cost estimate table in provision 3 of this agreement.
b. Traffic signals will be replaced at two intersections along US 34 within the CITY.
The CITY’s cost share participation percentage will be 6.6 percent at the three
legged intersections with Sycamore Road and Game Farm Road. Cost
estimates are included in the cost estimate table in provision 3 of this agreement.
D. Traffic Signal Interconnect - (80% FEDERAL/20% STATE Cost): The STATE will
assume all costs for interconnect of the newly replaced or upgraded traffic signals.
E. Combination Roadway Lighting – (100% CITY Cost): W ithin the CITY, an estimated 14
luminaires will be installed in combination with traffic signal improvements at 100 percent
CITY cost.
F. Emergency Pre-emption Units – (100% CITY Cost): Emergency pre-emption detectors
and amplifiers will be installed as needed to serve all traffic signals within the project limits.
G. Shared Use Path - (80% FEDERAL/20% CITY): A 10 foot wide asphalt surfaced path for
shared bicycle and pedestrian use will be constructed along the north side of US 34 from
Contract 66993 Agreement JN 317001
4
Eldamain Road to Cannonball Trail and along the south side of US 34 from Cannonball Trail
to Center Parkway at 20 percent CITY cost participation.
H. Sidewalk – (Variable Cost):
a. Removal and Replacement of Existing Sidewalk - Approximately 13,740
square feet of existing sidewalk will be removed at 100 percent STATE cost. The
majority will be replaced with shared use path but a credit for the city cost share
of replacement sidewalk will be given to the CITY as shown in the table below.
b. Proposed new sidewalk – Approximately 34,513 square feet of proposed
sidewalk will be constructed at 20 percent CITY cost participation.
I. Land Acquisition – (100% STATE Cost): The STATE will pay 100 percent of all costs for
land acquisition required for the project, including costs for shared use path and sidewalk.
J. All other work necessary to complete the project will be performed in accordance with the
approved plans and specifications.
WHEREAS, the CITY is desirous of the said US 34 project in that same will be of immediate
benefit to CITY residents and permanent in nature.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. The above stated recitals are incorporated herein by reference, as if full set out herein.
2. The STATE agrees to make the surveys, prepare the plans and specifications, obtain right
of ways, receive bids and award the contract, furnish engineering inspection during
construction and cause the improvement to be built in accordance with the plans,
specifications, and contract.
3. The STATE agrees to pay all land acquisition, construction and engineering costs subject to
reimbursement by the VILLAGE as hereinafter stipulated below.
Contract 66993 Agreement JN 317001
5
Construction
Work Item Cost
Mainline US 34 and intersecting $20,500,000 16,400,000 80.0%4,100,000 20.0%0 0.0%
local road reconstruction
(Includes all Structures, noise
abatement walls and retaining walls)
Traffic Signals $480,000 384,000 80.0%64,320 13.4%31,680 6.6%
(Sycamore Road & Game Farm Road)
Traffic Signals (Beecher Road,$560,000 448,000 80.0%56,000 10.0%56,000 10.0%
Cannonball Trail, & Center Parkway)
Traffic Signals $165,000 0 0.0%0 0.0%165,000 100.0%
(Isabel Drive, Private Benefit)
Traffic Signal Interconnect $145,000 116,000 80.0%29,000 20.0%0 0.0%
Combination Roadway Lighting $45,000 0 0.0%0 0.0%45,000 100.0%
Emergency Pre-emption Units $15,000 0 0.0%0 0.0%15,000 100.0%
Shared Use Path $275,000 220,000 80.0%0 0.0%55,000 20.0%
and new sidewalk
Sidewalk Removal $30,000 24,000 80.0%6,000 20.0%0 0.0%
Credit for replacement of sidewa $65,000 -13,000 -20.0%
removed for the project
subtotal 17,592,000 4,255,320 354,680
Engineering (15%)53,202
Totals $22,280,000 17,592,000 4,255,320 407,882
Federal Cost State Cost City Cost
4. The CITY’s participation shall be predicated on the percentages shown above for the
specified work. CITY cost shall be determined by multiplying the final quantities times bid
unit prices of the awarded contract, plus an additional 15 percent for preliminary and
construction engineering. Participation toward the traffic signal upgrades at all intersections
except Isabel Drive shall not exceed a total of $126,000 which represents 125 percent of
their estimated construction and engineering cost.
Contract 66993 Agreement JN 317001
6
5. The CITY agrees to pass and approve a resolution appropriating $410,000 to reimburse the
STATE for the work as described in this agreement. A copy of the ordinance is attached
hereto as Exhibit #2.
6. The CITY agrees to pass a supplemental resolution to provide necessary funds for its share
of the cost of this improvement if the amount appropriated in Exhibit #2 proves to be
insufficient to cover said cost.
7. The CITY agrees that upon receipt of the first and subsequent progress payments made to
the CONTRACTOR, the CITY will pay to the STATE from any funds allotted to the CITY, an
amount equal to the CITY share $410,000 divided by the estimated construction costs,
$22,215,000 multiplied by the actual progress payment made to the CONTRACTOR until
the entire obligation incurred under this AGREEMENT has been paid. The CITY’s actual
monetary reimbursement obligation to the STATE will be based upon the final quantities and
bid unit prices of the awarded contract.
8. Upon final inspection of the improvement and so long as US 34 (Veterans Parkway) remains
and is used as a state highway, the STATE agrees to retain jurisdiction and will maintain or
cause to be maintained all traffic lanes, including turn lanes, and curb and gutter that adjoins
these traffic lanes and any stabilized shoulders and/or roadside drainage ditches that serve
the state highway. This includes the proposed box culvert, bridge, shared use path on the
bridge, and retaining walls within STATE right of way.
9. It is mutually agreed by the STATE and the CITY that all CITY owned streets that intersect
US 34 and are impacted and thereby reconstructed by the STATE due to the highway
project, will remain under the jurisdiction of the CITY at all times.
10. The CITY agrees to maintain the entire right of way outside of that maintained by the
STATE. This includes but is not limited to, CITY utilities, landscaping, sidewalks, shared
use paths, parkways, crosswalks and stop line/stop bar markings. Maintenance includes,
but is not limited to, all cost of material and labor for repair and/or replacement of surfaces,
path or sidewalk signing and marking, mowing, landscaping, drainage, snow and ice
removal, clearing of debris and trash, and removal of graffiti.
11. The CITY agrees, upon completion of the project, to maintain all storm sewers and
appurtenances by performing those functions necessary to keep the sewer in serviceable
condition, including cleaning sewer lines, inlets, manholes, and catch basins along with
repair and/or replacement of inlet, manhole, and catch basin frames, grates, or lids. The
CITY further agrees to repair and/or reconstruct structural failures to a maximum of 12 feet
between adjacent inlets, manholes, or catch basins.
12. The STATE agrees to assume responsibility for repairs and/or reconstruction of the storm
sewer system that exceeds the routine maintenance requirements of the CITY, as cited in
the above paragraph.
13. The CITY agrees that no future storm sewer connection or additional water discharge will be
added to the storm sewer system that is being constructed as part of this project. The CITY
Contract 66993 Agreement JN 317001
7
agrees to obtain a permit from the STATE prior to routing any additional discharge to storm
sewer system constructed as part of this contract.
14. Upon acceptance by the STATE of the traffic signal work included herein the responsibility
for maintenance and energy for signals and preemption devices shall continue to be as
outlined in the Master Agreement executed by the STATE and the CITY on April 25, 2011.
All existing traffic signals are being replaced or upgraded. No additional traffic signals are
being installed at new locations under this contract.
15. The CITY agrees to assume all maintenance and energy costs for all roadway lighting that is
to be constructed as part of this project.
16. The CITY agrees to provide all routine maintenance of the noise abatement walls and
retaining walls, including but not limited to, mowing, landscaping, drainage, clearing of
debris and trash, and removal of graffiti. The STATE assumes responsibility for repairs,
structural failures, and/or replacement of the noise abatement walls and retaining walls.
17. It is mutually agreed that by the execution of this agreement and under the penalty of
perjury, the CITY, doing business as a governmental entity, certifies that its correct federal
identification number (FEIN) is 36-6006169. The CITY agrees to assume full responsibility
for providing or causing to provide all funds required to pay the local share of cost
participation in the subject project.
18. The CITY agrees to provide, prior to the STATE’s advertising for the work to be performed
hereunder, a letter, resolution, or signed plan approval indicating its review and approval of
the STATE’s plans and specifications for the subject project.
19. The CITY agrees not to permit driveway entrance openings to be made in the curb, as
constructed, or the construction of additional entrances, private or commercial, along US
Route 34 from Eldamain Road to Center Parkway without the consent of the STATE.
20. The CITY agrees to exercise its franchise right to cause private utilities to be relocated at no
expense to the STATE.
21. The CITY agrees to cause its utilities installed on right of way after said right of way was
acquired by the STATE or installed iwthin the limits of a roadway after the said roadway’s
jurisdiction was assumed by the STATE, to be relocated and/or adjusted, if required, at no
expense to the STATE.
22. The CITY will continue to enforce the existing ordinance requiring that parking along US 34
be prohibited within the limits of this improvement, a copy of which is attached hereto as
Exhibit #3.
23. The CITY has adopted and will put into effect an appropriate ordinance, prior to the
STATE’s advertising for the work to be performed hereunder, regulating encroachment
along the state highway. A copy of the ordinance is attached hereto as Exhibit #4.
Contract 66993 Agreement JN 317001
8
24. Prior to the STATE’s advertising for the work to be performed hereunder, the disposition of
encroachments will be cooperatively resolved with representatives from the CITY and the
STATE.
25. The CITY will continue to enforce an existing ordinance prohibiting the discharge of sanitary
sewage and industrial waste water into any storm sewers along the state highway, a copy of
which is attached hereto as Exhibit #5.
26. The STATE agrees to invite representatives of the CITY to mutually inspect the completed
project prior to the STATE’s final approval of the work.
27. It is mutually agreed that obligations for the STATE and CITY will cease immediately without
penalty or further payment being required if, in any fiscal year, the Illinois General Assembly
or federal funding sources fail to appropriate or otherwise make available funds for this
contract.
28. The STATE and CITY mutually agree that any work to be performed by other than CITY
and/or STATE forces is are subject to the Prevailing Wage Act, 820 ILCS 130/1 et seq.
(“Prevailing Wage Act”). The STATE agrees to fully comply with all applicable requirements
of the Prevailing Wage Act, and the STATE agrees to notify all contractors and
subcontractors that the work performed pursuant to this Agreement shall be subject to the
Prevailing Wage Act. In the event the STATE fails to comply with the notice requirements
set forth in this paragraph, the STATE shall solely be responsible for any and all penalties,
fines and liabilities incurred for contractors and/or subcontractors’ violations of the
“Prevailing Wage Act”.
29. The STATE and CITY mutually agree that the STATE’s contractors and/or subcontractors
shall not discriminate on the basis of race, color, national origin or sex in performance of this
agreement. The STATE agrees to carry out applicable requirements of 49 CFR Part 26 in
the award and administration of the STATE assisted contracts. Failure by the STATE to
carry out these requirements is a material breach of this agreement, which may result in the
termination of this agreement or such remedy as the STATE deems appropriate.
30. This Agreement represents the entire Agreement between the parties and supersedes any
prior written or oral agreements between the parties regarding these specific components of
this section of US Route 34 as constructed under Contract 66993. Previous agreements
pertaining to other aspects of this section of highway, such as the referenced Master Traffic
Signal Agreement, shall remain in full force and effect. This agreement may not be modified
except in writing acknowledged by both parties.
31. Neither party shall assign, sublet, sell or transfer its interest in this Agreement without the
prior written consent of the other.
32. This Agreement shall be construed in accordance with the law and Constitution of the State
of Illinois and if any provision is invalid for any reason, such invalidations shall not render
invalid other provisions which can be given in effect without the invalid provision.
33. This Agreement is executed in duplicate and each party shall retain one (1) completely
executed copy, each of which is deemed as an original.
Contract 66993 Agreement JN 317001
9
34. This agreement and the covenants contained herein shall be null and void in the event the
contract covering the construction work, contemplated herein, is not awarded by February 1,
2020.
35. This agreement shall be binding upon and inure to the benefit of the parties, their
successors and assigns.
36. This agreement is passed and approved by the Mayor and City Council of The United City of
Yorkville of Kendall County, Illinois and the State of Illinois, through its Department of
Transportation.
Executed on Behalf of the United City of Yorkville of Kendall County, Illinois, on this
______ day of ______________________________, 2017.
APPROVED: ATTEST:
_______________________________ ______________________________________
Gary Golinski, Mayor of United City of Yorkville Beth Warren, City Clerk
_______________________________ ______________________________________
Date Date
Executed on Behalf of the State of Illinois,
Department of Transportation
________________________________________
Kevin F. Marchek, P.E.
Region Two Engineer
________________________________________
Date
KENDALL COYORKVILLE
PLANO
Yorkville City Park
F o x R iv e rRobRoyCreek BlackberryCreek047-6400
047-6500
047-0053
047-0049
047-3106
047-0048
047-3078
047-2541 047-2014
047-3099
CONOVER LN
¬«47
F A X O N R D
ELDAMAIN RDR I V E R R O A D
BRIDGE STC A N N O N B A L L T R
VETERANS PKWY
River St E MAIN ST
VAN EMMON ST
FO LI ST.EDWARD LNKLATT ST
MCHUGH ROADCENTER PKWYK E N N E D Y
MILL STS C H A E F E R R D KENDALL DRPARK ST (E)W BEECHERSUMAC DR
S MAIN STBLACKBERRY SHORE LN
SUNSET STS O M O N A U K S T
WESTERN LANE
WALNUT ST
BRUELL STREDBUD DR
T W IN L E A F T R A IL
SEARL ST.ADAMS STNADEAU CT.YELLOWSTONE LN
R I V E R B I R C H D R I V EGillespie LnIR
B N S F
B N S F
B N S F
FAP Route 591 (US 34)Section (13)R-2 & BYKendall CountyAdd Lanes, Curb and Gutter,Bri dge Replacement (SN 047-0049)Culvert R eplacement (SN 027-2014)P-93-035-07Contract N o. 66993
Project Location Map
D3# 975
Project B eginsEldamain Road
LASALLE
IROQUOIS
BUREAU
FORD
LIVINGSTON
DEKALB
KANKAKEE
GRUNDY
KEN DALL
Project Area =
Project EndsCenter Parkway
SN 047-0049SN 047-2014
Resolution No. 2017-___
Page 1
Exhibit 2
Resolution No. ________
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL, ILLINOIS,
ESTABLISHING FUNDING FOR THE STATE OF ILLINOIS
INTERGOVERNMENTAL AGREEMENT
WHEREAS, the United City of Yorkville (the “City”) has entered into an
AGREEMENT with the State of Illinois for the improvement of US Route 34, from Eldamain
Road to Center Parkway, known as State Section (13)R-2[(13BR)C,(13BR-1)BR]; and,
WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for
the City to appropriate sufficient funds to pay its share of the cost of said improvement.
NOW THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that there is hereby appropriated the sum of
Four Hundred and Ten Thousand Dollars ($410,000.00) or so much thereof as may be necessary,
from any money now or hereinafter allotted to the City to pay its share of the cost of this
improvement as provided in the AGREEMENT.
BE IT FURTHER RESOLVED, that upon receipt of the first and subsequent progress
payments made to the CONTRACTOR, the CITY will pay to the DEPARTMENT OF
TRANSPORTATION OF THE STATE OF ILLINOIS from any funds allotted to the CITY, an
amount equal to the CITY share ($410,000), divided by the estimated construction costs
($22,280,000), multiplied by the actual progress payment made to the CONTRACTOR until the
entire obligation incurred under this AGREEMENT has been paid.
The CITY’S actual monetary reimbursement obligation to the DEPARTMENT OF
TRANSPORTATION OF THE STATE OF ILLINOIS will be based upon final quantities and
bid unit prices of the awarded contract.
BE IT FURTHER RESOLVED, that the City agrees to pass a supplemental resolution
to provide any necessary funds for its share of the cost of this improvement if the amount
appropriated herein proves to be insufficient, to cover said cost.
Resolution No. 2017-___
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _____
day of ____________________, 2017.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ DIANE TEELING ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____
day of ____________________, 2017.
STATE OF ILLINOIS
COUNTY OF KENDALL
I, Beth Warren, City Clerk in and for the United City of Yorkville hereby certify the foregoing to
be a true and complete copy of this Resolution adopted by the Mayor and City Council at a
meeting on ____________________, 2017.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this ___ day of
__________________, 2017.
____________________________________
Beth Warren, City Clerk
(SEAL)
Ordinance No. 2017-____
Page 1
EXHIBIT 4
Ordinance No. 2017-____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS PROHIBITING ENCROACHMENTS WITHIN THE
STATE OF ILLINOIS RIGHT OF WAY ALONG U.S. ROUTE 34
WHEREAS, the State of Illinois acting by and through its Department of
Transportation, is desirous of improving US Route 34 from Eldamain Road to Center
Parkway, known as State Section (13)R-2[(13BR)C,(13BR-1)BR]. Work will include
removal of the existing pavement and construction of new pavement to provide two lanes
in each direction with a flush median, curb and gutter, drainage improvements, bicycle
and pedestrian accommodations, and safety improvements. The culvert (SN 047-2014)
carrying Rob Roy Creek under US 34 will be replaced with a double 12’X9’ box culvert
and the bridge (SN 047-0049) carrying US 34 over Blackberry Creek will be replaced
with a two span bridge.; and,
WHEREAS, said project is being constructed in order to facilitate the free flow
of traffic and ensure safety to the motoring public; and
WHEREAS, the project passes through the United City of Yorkville; and
WHEREAS, in order to facilitate said improvement, it is necessary for the CITY
to adopt an Ordinance regulating encroachments on the right of way of US Route 34 in
accordance with the following definitions:
1. Roadway Right of way is defined as those areas existing or acquired by
dedication or by fee simple for highway purposes; also, the areas acquired by
temporary easement during the time the easement is in effect:
2. Project Right of way is defined as those areas within the project right-of-way lines
established jointly by the CITY and the STATE which will be free of
encroachments except as hereinafter defined;
3. Encroachment is defined as any building, fence, sign (excluding certain signs
located over sidewalks) or any other public structure or object of any kind (with
the exception of utilities and public road signs) which is placed, located,
maintained, in, on, under or over any portion of the project right of way or the
roadway right of way where no project right of way line has been established.
4. Permissible encroachment is defined as any existing awning, marquee or sign
advertising activity on the property or similar overhanging structure supported
from a building immediately adjacent to the limits of the platted street where there
Ordinance No. 2017-____
Page 2
is sidewalk extending to the building line and which does not impair the free and
safe flow of pedestrian traffic or traffic on the highway. The permissive retention
of overhanging signs is not to be construed as being applicable to those signs
supported from poles constructed outside the project right of way line and not
confined by adjacent buildings.
5. Construction easement Area is defined as the area lying between the project right
of way limits and the platted street limits within which the CITY, by concurrence
with the establishment of the project right of way lines, will permit the STATE to
enter to perform all necessary construction activities.
WHEREAS, representatives of the CITY and the STATE have, by visual
inspection, cooperatively established project right of way lines and have mutually
determined the disposition of encroachments;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That no person, firm, corporation or other entity shall install, place,
maintain or construct any structure that encroaches, as defined above, upon the State of
Illinois project or roadway right-of-way of US Route 34, from Eldamain Road to Center
Parkway.
Section 2: That the City Clerk of the United City of Yorkville is authorized and
directed to attach a copy of this Ordinance to the AGREEMENT dated
_____________________, 2017, by and between the State of Illinois and the United City
of Yorkville relative to the above described improvement.
Section 3: This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
______ day of ____________________, 2017.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ DIANE TEELING ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________
Ordinance No. 2017-____
Page 3
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
______ day of ____________________, 2017.
______________________________
MAYOR
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
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Parks and Recreation
Agenda Item Number
New Business #11
Tracking Number
PW 2017-20
NPDES MS4 Stormwater Permit
Public Works Committee – February 21, 2017
None
Informational
Brad Sanderson Engineering
Name Department
The IEPA issued a revised NPDES MS4 permit in February of 2016. The new MS4 permit went
into effect on March 1, 2016. The permit instructs communities to comply with the new permit
provisions within 180 days (September 1, 2016) and to report on the changes implemented and
provide supporting documentation with the Annual Report due by June 1, 2017.
EEI issued a memo regarding the required changes and recommendations for implementation on
August 10, 2016 (see attached). The City and EEI are in the process of implementing those
changes to the program. We are following up on two of the items from the August 10, 2016
memo:
The first item is in regards to updating the City’s Stormwater Management Plan (SMP). We
have prepared a draft revision to the SMP that incorporates the changes described in the August
10, 2016 mem as required by the new NPDES permit. The body of the draft plan is attached.
Second, the City is required to hold a Public Meeting each permit year to allow public input on
the City’s stormwater management program. The meeting may be held in conjunction with or as
a part of a regular council meeting and is tentatively scheduled to be part of the February 28th
Council meeting. Following this public meeting, revisions to the SMP will be finalized and the
SMP will be provided to the IEPA as an attachment to this year’s Annual Report.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: February 16, 2017
Subject: NPDES MS4 Stormwater Permit
The IEPA issued a revised NPDES MS4 permit in February of 2016. The new MS4 permit went
into effect on March 1, 2016. The permit instructs communities to comply with the new permit
provisions within 180 days (September 1, 2016) and to report on the changes implemented and
provide supporting documentation with next year’s Annual Report due by June 1, 2017.
Some of the changes are administrative, some do not apply to the City’s circumstances and some
the City is already in compliance with; however, there are some changes that require
modifications to the City’s activities and Stormwater Management Plan. This memo provides a
summary of these changes to each of the six minimum control measures in the MS4 permit and
the actions that must be taken to comply with the new provisions.
Public Education and Outreach on Storm Water Impacts
Changes: Public Education now has to include a component regarding potential impacts of
climate change on stormwater discharges. In addition, there are added requirements for
educational materials for non stormwater discharges and discharges from private properties. The
permit includes a list of topic examples.
Current Status: The City currently complies with this measure through stormwater education
materials available at the Information Center at City Hall.
Recommended Action: City staff should review and inventory the current materials available,
compare with new requirements and topic list, identify need for new materials, obtain new
materials and make available at City Hall. This should be completed during this permit year and
updated materials provided as documentation in the next Annual Report.
Public Involvement/Participation
Changes: The new permit requires communities to identify Environmental Justice Areas within
their jurisdiction and provide appropriate public involvement/participation. There is also a
requirement that the community have a least one public meeting a year for the public to provide
input on the adequacy of the City’s stormwater program.
Current Status: The City had been meeting this requirement by allowing public comment at
Board Meetings and through the Environmental Fair.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: August 10, 2016
Subject: NPDES MS4 Stormwater Permit
Recommended Action: The City will have to hold a public meeting during this permit year to
allow public input on the stormwater program. The meeting may be part of a regular Council
Meeting but would have to be part of the agenda and not just during the public comment period.
Meeting minutes would be submitted with the next Annual Report as documentation.
In addition, the City will have to investigate the requirements for identifying Environmental
Justice Areas and take appropriate action if areas are identified. These items should be
completed during this permit year and reported on in next year’s Annual Report. (See Page 14 of
the Attached MS4 Permit for definitions of Environmental Justice and Environmental Justice
Area.)
Illicit Discharge Detection and Elimination
Changes: The new permit now requires dry weather inspections of stormwater outfalls to look
for non-stormwater of illicit discharges. The permit allows the City to prioritize their list of
outfalls for inspections with high priority outfalls requiring at least annual inspection.
Current Status: The City currently addresses this requirement by responding to reports of illicit
discharges and taking action with their ordinances and procedures when necessary.
Recommended Actions: The City has their stormwater outfalls identified on their inventory
maps. Staff should develop a prioritization list and schedule for inspecting outfalls.
Documentation of inspections should be included in the next Annual Report.
Construction Site Storm Water Runoff Control
Changes: There are a number of changes to the runoff and erosion control requirements.
Current Status: The City addresses this requirement through implementation of their Stormwater
and other ordinances.
Recommended Action: The City’s current ordinances comply with or are more stringent than the
changes in the MS4 permit. Therefore, there are no changes to the City’s current ordinances or
activities required for this control measure.
Post-Construction Stormwater Management for New Development and Redevelopment
Changes: There are a number of changes to Post Construction Best Management Practices
(BMPs). These changes add the requirement to consider climate control impacts on BMPs.
There are also requirements to limit the use of infiltration practices (i.e. not adjacent to fuel
stations, wells, etc.). A requirement has also been added for the City to develop a process to
assess existing and current flood control projects for water quality and climate change impacts.
Current Status: The City addresses this requirement through implementation of their current
Stormwater and other ordinances and by assisting Homeowner Associations when requested.
Recommended Action: The City’s current ordinances generally comply with or are more
stringent then the changes in the MS4 permit and no changes are required. However, this section
of the Stormwater Management Plan should be reviewed in regards to climate change impacts
and developing a plan to assess flood control projects and any necessary changes be made to the
Stormwater Plan. This should be completed this permit year and the revised Stormwater
Management Plan submitted with the next Annual Report as documentation.
The limits on infiltration practices are consistent with the requirements in the IEPA NPDES
General Construction Permit and can be enforced through that permit for proposed infiltration
BMPs. Compliance with these requirements is part of the engineering review process on new
development or redevelopment projects.
Pollution Prevention/Good Housekeeping for Municipal Operations
Changes: There are added requirements for the storage of deicing materials. The City must have
permanent storage or temporary storage with seasonal tarping. In addition, permanent storage
structures must be constructed within two years.
Current Status: The City currently maintains and reports on good housing keeping requirements.
The City currently has permanent storage so no action is required.
Monitoring
Changes: There are new requirements for monitoring and assessing the program. There are
several options for monitoring from inventorying BMPs to sampling. For the City, we
recommend the option to Evaluate BMP effectiveness based on published research. This
requires the City to inventory BMPs implemented in the Community and estimating the resultant
pollutant reduction.
Current Status: There was no monitoring of this type required under the previous permit.
Recommended Action: The Fox River Study Group is making an evaluation tool available to
MS4 communities in the watershed. The tool is a spreadsheet that will allow the City to enter
the areas of BMPs that are to be implemented; the spreadsheet will then estimate the pollutant
reduction resulting from implementation of the BMPs. All BMPs implemented since the start of
this permit (March 1, 2016) will need to be inventoried. The City will have to enter all newly
constructed BMPs moving forward as well. The BMP inventory should be provided as
documentation with each year’s Annual Report.
Other
Changes: Communities that perform deicing operations that can cause or contribute to a
violation of State chloride water quality standards have to participate in any watershed group
organized to implement control measures.
Current Status: This is a new requirement.
Recommended Action: This item requires additional research to see if there are watershed
groups that the City could participate in. This should be done during this permit year and
documentation provided with the Annual Report.
Summary
We recommend that City staff move forward with the recommend action items outlined in this
memo. In addition, the Stormwater Management Plan should be reviewed and updated to
include the changes to the stormwater management procedures, policies and monitoring forms.
The revised Stormwater Management Plan should then be submitted to IEPA as an attachment to
the next Annual Report due on June 1, 2017.
United City of Yorkville
Stormwater Management
Program Plan
Kendall County, Illinois
March 9, 2010
Revised February 2017 - DRAFT
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Table of Contents
1 Overview of the Stormwater Management Program Plan
1.1 Introduction 1
1.2 State & Federal Regulations 1
1.3 Organization of SMPP 2
1.4 Watersheds and Receiving Waters 2
2 Program Management
2.1 Implementation of the SMPP 5
2.2 Departmental Responsibilities 5
2.3 Coordination with the IEPA 6
3 The Program
3.1 Public Education and Outreach 7
3.1A Measurable Goals 7
3.2 Public Participation and Involvement 7
3.2A Measurable Goals 7
3.3 Construction Site Run-off Control 8
3.3A Complaints 8
3.3B Violation Notification Procedures 9
3.3C Measurable Goals 11
3.4 Post Construction Runoff Control 11
3.4A Long Term Operation and Maintenance 12
3.4B Site Inspection 12
3.4C Measurable Goals 13
3.5 Illicit Discharge Detection and Elimination 13
3.5A Regulatory Authority 14
3.5B Illicit Discharge/Illegal Dumping Notification 14
3.5C Understanding Outfalls and Illicit Discharges 14
3.5D Indirect Connections 16
3.5E Direct Connections 16
3.5F Access to Private Property 17
3.5G Confined Space Entry 17
3.5H Office Closeout 18
3.5I Source Identification 18
3.5J Removal of Illicit Discharges 19
3.5K Program Evaluation 20
3.5L Measurable Goals 20
3.6 Pollution Prevention and Good Housekeeping 20
3.6A Measurable Goals 25
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4 Program and Performance Monitoring, Evaluation, & Reporting
4.1 Performance Milestones 26
4.2 Program Monitoring and Research 27
4.3 Program Evaluation 27
5 Appendix
5.1 Ord. 2003-19 Soil Erosion & Sediment Control Ordinance
5.2 Res. 2004-39 Standard Specifications for Improvements
5.3 Ord. 2008-01 Wetland Protection Regulations for Water Quality and
Stormwater Management
5.4 Ord. 2009-78 Post-Construction Stormwater Best Management Practices
5.5 Ord. 2010-05 Regulation of Illicit Discharges and Connections to the
Municipal Separate Storm Sewer System
5.6 Ord. 94-4 Prohibiting Connection of Sanitary Sewage and Industrial
Wastewater into Storm Sewers and Other Highway Drainage
Systems
5.7 Ord. 2006-123 Water Conservation Regulations (Permanent Irrigation
Systems)
5.8 Ord. 2004-20 Water Conservation Regulations (Lawn Watering)
5.10 General Permit ILR40
5.11 NPDES/Erosion Control Inspection Report
5.12 Sample Notice of Violation Letter
5.13 Stormwater Basin Maintenance Plan (existing)
5.14 Stormwater Basin Maintenance Plan (new)
5.15 Stormwater Basin Annual Inspection Report
5.16 Illicit Discharge Tracking Form
5.17 Illicit Discharge Summary Form
5.18 Stormwater Outfall Inspection Form
5.19 Outfall Inspection Summary Form
5.20 Spill Response Notice
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1 Overview of the Stormwater Management Program Plan
1.1 Introduction
This Stormwater Management Program Plan (SMPP) was developed by the United City of
Yorkville based off a SMPP template created by the Lake County Stormwater Management
Commission. The purpose of the SMPP is to meet the minimum standards required by the United
States Environmental Protection Agency (USEPA) under the National Pollutant Discharge
Elimination System (NPDES) Phase II program. Federal regulations through the USEPA require
that all Municipal Separate Storm Sewer Systems (MS4s), partially or fully in urbanized areas based
on the 2000 census, obtain stormwater permits for their discharges into receiving waters.
The SMPP describes the procedures and practices that can be implemented by the City toward the
goal of reducing the discharge of pollutants within stormwater runoff in order to comply with
Federal standards. The SMPP is applicable to all properties within city limits. Compliance with the
plan is intended to protect water quality and contribute to the following amenities:
cleaner lakes and streams,
improved recreational opportunities and tourism,
flood damage reduction,
better aesthetics and wildlife habitat, and
a safer and healthier environment for the citizens.
1.2 State & Federal Regulations
Federal environmental regulations based on the 1972 Clean Water Act (CWA) require that MS4s,
construction sites and industrial activities control polluted stormwater runoff from entering
receiving bodies of water (including navigable streams and lakes). The NPDES permit process
regulates the discharge from these sources based on amendments to CWA in 1987 and the
subsequent 1990 and 1999 regulations by the U.S. Environmental Protection Agency (USEPA). In
Illinois, the USEPA has delegated administration of the Federal NDPES program to the Illinois
Environmental Protection Agency (IEPA). On December 20, 1999 the IEPA issued a general
NPDES Phase II permit for all MS4s. Under the General ILR 40 Permit each MS4 was required to
submit a Notice of Intent (NOI) declaring compliance with the conditions of the permit by March
10, 2003. The original NOI describes the proposed activities and best management practices that
occurred over the original 5-year period toward the ultimate goal of developing a compliant SMPP.
At the end of the 5th year (March 1, 2008) the components of the SMPP were required to be
implemented; per the ILR40 permit. The IEPA reissued the ILR 40 permit on April 1, 2009. The
reissued permit is included in Appendix 5.10.
Additionally, under the General ILR10 permit also administered IEPA, all construction projects that
disturb greater than 1 acre of total land area are required to obtain an NPDES permit from IEPA
prior to the start of construction. Municipalities covered by the General ILR40 permit are
automatically covered under ILR10 30 days after the IEPA receives the NOI from the municipality.
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On February 10, 2016 the IEPA released a new General NPDES Permit for Discharges from Small
Municipal Separate Storm Sewer Systems effective March 10, 2016 thru February 28, 2021.
Changes to the permit requirements with the newly issued permit prompted the 2017 revision to the
United City of Yorkville Stormwater Management Plan. In addition, this revision captures changes
that were implemented through the City’s 2013 Annual Report.
1.3 Organization of SMPP
The SMPP identifies best management practices to be implemented in six different categories.
These categories are:
Public Education and Outreach
Public Participation/Involvement
Construction Site Runoff Control
Post-Construction Runoff Control
Illicit Discharge Detection and Elimination
Pollution Prevention/Good Housekeeping
Chapter 1: Overview of the Stormwater Management Program Plan - discusses the format of the
SMPP document and the regulations associated with NPDES II through state and federal agencies.
Chapter 2: Program Management - discusses the logistics of the plan. This includes the
organization, implementation and responsible parties necessary to achieve overall compliance with
the SMPP and NPDES Permit. It also identifies how the United City of Yorkville coordinates with
other governmental agencies and discusses the legal authority that the MS4s have to implement the
plan components.
Chapter 3: The Program - addresses stormwater pollutant control measures implemented by the
United City of Yorkville per the six minimum control categories established by the USEPA.
Chapter 4: Monitoring, Program Evaluation and Reporting - describes the monitoring, evaluation
and reporting procedures associated with the program. The SMPP is a guide created to protect
United City of Yorkville receiving waters from pollution and resultant degradation. This chapter
assists in identifying best management practices and processes that may require modifications in the
future to help the document become an effective tool.
Chapter 5: Appendices – including forms, references, and exhibits.
1.4 Watersheds and Receiving Waters
The United City of Yorkville is primarily located within the Fox River watershed, with southern
areas tributary to the Illinois River. There are several receiving waters tributary to the Fox and
Illinois Rivers which are located within the Village. These streams include Blackberry Creek, Rob
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Roy Creek, and Aux Sable Creek. Ponds, intermittent streams, and other on-stream bodies of water
are also considered part of the receiving water system.
Watershed: The land area that contributes stormwater to one of the two major rivers
draining Kendall County.
Sub-Watershed: The land area that contributes stormwater to one of the receiving waters
tributary to a major river.
Receiving Water: A natural or man-made system into which stormwater or treated
wastewater is discharged, including the Fox River, Illinois River, and their tributaries.
The major Watersheds and receiving waters are presented on Figure 1 Map of Major Sub-watershed
and Receiving Waters.
Fox River Watershed
The Fox River originates about 15 miles northwest of Milwaukee, Wisconsin. The river enters the
northeast corner of Kendall County at Montgomery. About 165 square miles of Kendall County
drain to the Fox River.
Major tributaries to the Fox River in Kendall County include Blackberry Creek, Rob Roy Creek,
Big Rock Creek, Little Rock Creek, Morgan Creek, Hollenback Creek, and Roods Creek. Only
Blackberry Creek, Rob Roy Creek, and Hollenback Creek are located within the current city limits.
The watersheds of the creeks within the city are primarily agricultural, although significant
development activity has occurred in the Blackberry Creek and Rob Roy Creek watersheds since
2000.
The Fox River watershed includes all or portions of the communities of Aurora, Millbrook,
Millington, Montgomery, Newark, Oswego, Plano, Sandwich, and Yorkville.
Illinois River Watershed
The Illinois River originates at the confluence of the Des Plaines and Kankakee Rivers in Grundy
County, about 10 miles southwest of Joliet, Illinois. About 155 square miles of Kendall County
drain to the Illinois River.
The Illinois River does not run directly through Kendall County, but reaches into the county via
Aux Sable Creek and Valley Run Creek. Only the Middle Branch of the Aux Sable Creek is located
within the current city limits.
The Middle Branch Aux Sable Creek is primarily agricultural, although some development activity
has occurred since 2000.
The Illinois River watershed includes all or portions of the communities of Joliet, Lisbon, Minooka
Plattville, Plainfield, and Yorkville.
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Figure 1. Map of Major Sub-Watersheds and Receiving Waters
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2 Program Management
This Chapter describes the organizational structures of the United City of Yorkville and
the Illinois EPA. It further discusses the roles and responsibilities of the involved parties.
2.1 Implementation of this SMPP
The SMPP includes tasks that are required to meet the permit conditions under the
NPDES II program and how to perform these tasks. These forms should be printed
annually and the progress of all tasks tracked. At the end of the yearly reporting period
(March 1 – February 28/29) the forms should be filed in a binder to document SMPP
related activities to IEPA in the case of an audit. It is anticipated that implementation of
this SMPP constitutes compliance with the program. The SMPP will be posted on the
United City of Yorkville’s website.
The measurable goals will be evaluated and modified to maintain compliance with
General Permit each year during the preparation of the Annual Report to IEPA due on
June 1st of each year.
2.2 Departmental Responsibilities
The City Council is the policy and budget setting authority for United City of Yorkville.
The Engineering, Community Development, and Public Works Departments work
together to implement this SMPP. The City Engineer has primary responsibility for
managing the overall program. The city will also work with Kendall County and adjacent
municipalities regarding stormwater issues.
The Community Development Department is designated as the primary entity responsible
for performing the duties related to Public Education and Outreach and Public
Participation and Involvement. Much of this work will be achieved through coordination
with the Green Committee. The Engineering Department is designated as the primary
entity responsible for performing the duties related to Construction Site Runoff Control,
Post-Construction Runoff Control, and Illicit Discharge Detection and Elimination
activities. The Building Department will assist as necessary by performing certain duties
during the construction of private developments. The Public Works Department is
designated as the primary entity responsible for performing the duties related to Pollution
Prevention and Good Housekeeping.
Measurable goals are established to document the efforts performed by the various city
departments and ultimately the effectiveness of the SMPP. Those departments
responsible for implementation of the SMPP shall perform, record, and forward monthly
report memos to the City Engineer regarding their individual areas of responsibility. The
report memos shall be prepared and forwarded during the first week of the following
month. The City Engineer shall use these reports in preparing the annual report to the
Illinois EPA.
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2.3 Coordination with the IEPA
The United City of Yorkville is required to complete annual reports which describe the
status of compliance with the ILR40 permit. The annual report will be posted on the
City’s website and submitted to the IEPA by the first day of June each year. Annual
reporting to IEPA should include information regarding SMPP goals that are in
compliance as well as those goals that need further work or modification.
Records regarding the completion and progress of the SMPP commitments will be
documented on task sheets and updated throughout the year. The completed task sheets
should be located in a binder with necessary supporting documentation. The binder will
be available for inspection by both IEPA and the general public.
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3 The Program
This Stormwater Management Program Plan includes six components, each of which is
necessary to reduce/eliminate stormwater pollution in receiving water bodies. These are:
Public Education and Outreach
Public Participation and Involvement
Construction Site Runoff Control
Post-Construction Runoff Control
Illicit Discharge Detection and Elimination
Pollution Prevention and Good Housekeeping
3.1 Public Education and Outreach
City staff at the United City of Yorkville is responsible for providing research and advice
as well as making recommendations to the City Council on environmental issues facing
the community. City staff should also promulgate information related to recycling,
conservation design, soil conservation, rain gardens, open space/watershed protection,
water conservation, landscape maintenance, etc. through environmental fairs, pamphlet
distribution, and the city website.
The annual NPDES permit report shall be placed on a City Council agenda once each
year for discussion.
3.1A Measurable Goals
Place Stormwater Management Program Plan on the city’s website.
Maintain an information center at City Hall, which will include informational
items regarding stormwater-related issues. Review and update materials as
necessary to maintain compliance with Permit requirements.
3.2 Public Participation and Involvement
City staff should encourage citizen participation and involvement for stormwater-related
issues on both individual and community levels.
Citizen calls related to the Stormwater Management Program Plan shall be documented
and directed to the appropriate department for follow-up.
3.2A Measurable Goals
Document the number and type of calls received from the public regarding
potential illicit discharges.
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Sponsor an annual environmental fair, and document the number and type of
exhibitors and public attendance.
Hold one public meeting per year to allow public input on the City’s Stormwater
Management Program
Identify if there are areas meeting the Environmental Justice Area criteria within
the City
3.3 Construction Site Runoff Control
The City adopted Ordinance No.2003-19 (Appendix 5.1) to regulate soil erosion and
sediment control practices for construction activities that disturb more than 10,000 SF of
soil. This ordinance requires the following:
Requires the developer/contractor to follow Illinois EPA requirements regarding
NPDES permitting for construction activities.
Issuance of a Site Development Permit regulating earthwork and erosion/sediment
control.
Contractor requirements for periodic inspections during construction.
Surety bonding to ensure that stabilization work is completed according to plan.
The City passed Resolution No. 2004-39 (Appendix 5.2) to establish the Standard
Specifications for Improvements. This resolution creates standards regarding the various
aspects of construction for public and quasi-public infrastructure, including responsible
construction activities. Regarding stormwater management, this resolution requires:
Sizing requirements for stormwater collection and detention facilities.
A soil erosion and sediment control plan.
The ability to require stormwater best management practices in the design of the
stormwater collection and storage systems.
The City passed Ordinance No. 2008-01 (Appendix 5.3) to provide Wetland Protection
Regulations for Water Quality and Stormwater Management Benefits. This ordinance creates
requirements for the evaluation and protection of non-jurisdictional wetlands within city limits
that may be affected by new development.
3.3A Complaints
Site design comments are handled on a case by case basis. Any complaints received during the
review, construction, or build-out of a private development shall be directed to the City
Engineer and documented. Construction and build-out related calls are typically addressed by
performing a site inspection.
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3.3B Violation Notification Procedures
Investigation of complaints should be performed within one business day of receipt of the
complaint. In general, the compliance due date should be within 5-working days.
However, if the city determines that the violation is or will result in significant
environmental, health or safety hazards a 24-hour compliance requirement should be set.
For such time-critical violations, the developer should also be advised to complete a
Notice of Incidence report with the IEPA for all sites that were required to submit a
Notice of Intent to the IEPA.
Step 1 can be initiated by observation of a violation during a routine inspection, or in
response to a complaint.
Step 1: Violation Is Observed
The inspector completes the NPDES/Erosion Control Inspection Report
(Appendix 5.11).
Photographs of the violation(s) should be taken and saved.
The development project manager/property owner (a.k.a. construction site
contact) shall be informed of the violation.
A copy of the NPDES/Erosion Control Inspection Report is provided to the
contractor and the developer. The NPDES/Erosion Control Inspection Report
indicates the deficiencies and a maximum time frame for action.
At the end of the indicated time frame the City shall perform a follow-up site
inspection.
Step 2: 1st Follow-Up Site Inspection
The construction site contact shall be notified of the anticipated inspection time. The site
shall be inspected including all items previously documented on the previous
NPDES/Erosion Control Inspection Report. The inspector will determine if the
remedial measures have all been satisfactorily addressed, substantially completed, or if
significant non-compliance remains.
If the remedial measures have been satisfactorily addressed, then the
NPDES/Erosion Control Inspection Report is filled out indicating compliance
and provided to the contractor and developer.
If the inspector determines that the remedial measures have been substantially
completed, but not entirely resolved, the inspector shall follow Step 1 above.
If the inspector determines that the remedial measures have not been substantially
completed, the inspector shall follow Step 3 discussed below. Photographs of the
violations should be taken and saved.
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Step 3: 1st Notice of Violation
A formal Notice of Violation (Appendix 5.12) letter will be sent to the contractor and
developer. A copy of the Notice of Violation shall also be provided to the Yorkville
Building Department. The letter will include the following information:
Description of the violations (including ordinance provisions)
Maximum time frame for resolution (typically 5 working days),
Step 4: 2nd Follow-Up Site Inspection
The inspector will determine if the remedial measures have all been satisfactorily
addressed, substantially completed, or if significant non-compliance remains.
If the remedial measures have been satisfactorily addressed, then the
NPDES/Erosion Control Inspection Report shall be filled out indicating
compliance and provided to the contractor and developer.
If the inspector determines that the remedial measures have been substantially
completed, but not entirely resolved, the inspector shall follow Step 1 above.
If the inspector determines that the remedial measures have not been substantially
completed, the inspector shall follow Step 5 discussed below. Photographs of the
violations should be taken.
Step 5: 2nd Notice of Violation
Depending on the severity of the outstanding violations the inspector may arrange
for the Building Department to issue a Red Tag and a Conditional Stop Work
Order upon completion of the inspection. The Stop Work Order allows for the
resolution of the violation but no other on-site improvements. Building and/or
Occupancy Permits will not be issued and surety/letter of credit reductions will
not be considered until the violation is resolved. A formal Notice of Violation
letter will be sent, via certified mail, to the contractor and developer. A copy of
the Notice of Violation shall also be provided to the Yorkville Building
Department.
Step 6: 3rd Follow-Up Site Inspection
The inspector will determine if the remedial measures have all been satisfactorily
addressed, substantially completed, or if significant non-compliance remains.
If the remedial measures have been satisfactorily addressed, then the
NPDES/Erosion Control Inspection Report is filled out indicating compliance
and provided to the contractor and developer.
If the inspector determines that the remedial measures have been substantially
completed, but not entirely resolved, the inspector shall follow Step 1 above.
If the inspector determines that the remedial measures have not been substantially
completed, the inspector shall follow Step 7 discussed below. Photographs of the
violations should be taken and saved.
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Step 7: 3rd Notice of Violation
The inspector issues a Red Tag and a Conditional Stop Work Order upon completion of
the inspection, if one has not already been issued. The Stop Work Order allows for the
resolution of the violation but no other on-site improvements. Building and/or
Occupancy Permits will not be issued and surety/letter of credit reductions will not be
considered or processed until the violation is resolved. Representatives from the
Building and Engineering Departments shall meet to discuss the violation and subsequent
actions. These actions may include: issuing fines for each day of violation since the 1st
notice of violation; draw from surety to enable the City to have the remedial measures
corrected; seeking United City of Yorkville legal counsel and pursuing injunctive or other
legal relief.
A formal Notice of Violation letter will be sent, via certified mail, to the contractor and
developer. A copy of the Notice of Violation shall also be provided to the Building
Department and City Administrator. The letter will also include additional penalties or
measures that will be imposed if the violation(s) persist.
Steps 6 and 7 will be repeated until resolution of the violation.
3.3C Measurable Goals
Track the number of site development permits issued.
Document any citizen complaints regarding construction site runoff and follow-up
activities.
Inspect construction sites for erosion/sediment control measures and record
inspection on NPDES/Erosion Control Inspection Report forms.
3.4 Post Construction Runoff Control
The City adopted Ordinance No. 2009-78 (Appendix 5.4) to establish standards for
design, construction, and maintenance of stormwater best management practices. This
ordinance requires the following:
All development/redevelopment projects shall incorporate stormwater Best
Management Practices (BMP’s) into their site designs.
Agreements providing for the adequate maintenance of the stormwater BMP’s by
the developer/property owner.
Periodic inspections and meetings with property owners by the city to ensure
proper functioning of the stormwater Bumps.
The City will inspect stormwater outfalls, on existing properties with stormwater
management facilities, on a priority and as needed basis. The inspections schedule
should allow for inspection of priority outfalls on a regular basis. Detention basins will
be inspected on an as requested basis.
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3.4A Long Term Operation and Maintenance
The SMPP includes two long term maintenance agreements.
The first agreement (Appendix 5.13) is the recommended plan for existing
detention and stormwater management facilities, whether publicly or privately
maintained. The intent of this sample plan is to provide guidance for the
maintenance of facilities that do not have an approved plan. If an existing
facility already has an adequate plan, this document would supersede the
sample plan.
The second agreement (Appendix 5.14) is provided to applicants during the
permit review period for new detention and stormwater management facilities.
This agreement should be reviewed and enhanced to reflect the specific design
of the new development. Receipt of the signed and recorded maintenance
agreement is required.
Receipt of the signed and recorded maintenance agreement is required prior to recording
of a plat of subdivision, site development permit, or building permit for the property,
whichever occurs first.
3.4B Site Inspections
This section focuses on post-construction inspections of previously developed sites,
streambanks, shorelines, streambeds, and detention / retention ponds.
Previously Developed Sites
The United City of Yorkville will inspect outfalls for existing properties with stormwater
management facilities on an as needed and priority basis. Previously developed properties
that are still to be inspected should be inspected with respect to the approved
development plan. A letter indicating the maintenance activity highlights, deficiencies,
or modifications to the plan should be provided to the responsible party. The responsible
party is encouraged to implement an annual maintenance program.
Shorelines
The City will inspect detention basin shorelines on an as needed and priority basis. They
should, however, inspect all reported detention basins by using the Stormwater Basin
Annual Inspection Report (Appendix 5.15). Observed erosion, seeding/re-seeding or
slope stabilization needs should be documented. Documented deficiencies should be
reported to the City Engineer who evaluates and determines appropriate remedial
activities. Remedial actions might include notifying the property owner or including
maintenance activities in the city’s work program for city-maintained basins.
Streambanks and Stream Bed Sediment Accumulation
The City will inspect receiving water streambanks for erosion and flowlines for sediment
plumes/deposits on an as needed and priority basis. Inspections should be performed in
the spring or fall depending upon weather conditions. Stream locations are depicted on
Figure 1. Document observed erosion and/or sediment accumulation. Documented
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deficiencies should be reported to City Engineer who evaluates and determines
appropriate remedial activities. Remedial actions would typically consist of notifying the
property owner.
Detention / Retention Pond Sediment Accumulation
Ensure that new detention/retention pond is constructed per the approved development
plan. The developer is responsible for ensuring that the design grade is established prior
to the city’s approval of the pond. Pond information, including the design permanent
pool depth, is added to the Stormwater Basin Annual Inspection Report upon final
approval of the pond.
The City will inspect detention basins to determine the normal pool depth on an as
needed and priority basis. However, when detention basins are reported to the City or an
inspection is requested, the City will perform an inspection, and the normal pool depth of
the basin should be determined during the inspection. Observed depths should be
recorded onto the Stormwater Basin Annual Inspection Report. If the inspected pond
depth is found to be more than 2 feet shallower than the design normal pool depth, this
information should be reported to City Engineer who evaluates and determines
appropriate remediation activities.
3.4C Measurable Goals
Inspect stormwater basins and outfalls reported as being deficient and document
on Stormwater Basin Annual Inspection Report forms. Inspect other stormwater
basins and outfalls on a priority and as needed basis.
Develop a plan and process to assess climate change impacts on BMPs
Develop a plan and process to assess flood control projects for water quality and
climate change impacts.
Provide assistance for citizens and homeowner associations (HOA’s) on an as
requested basis. The request and follow up action taken should be documented.
Require new developments to enter into maintenance agreements for their
stormwater management facilities, and maintain a record of those agreements.
3.5 Illicit Discharge Detection and Elimination
Illicit discharges contribute considerable pollutant loads to receiving waters. There are
two primary situations that constitute illicit discharges; these include non-stormwater
runoff from contaminated sites and the deliberate discharge or dumping of non-
stormwater into the stormwater system. Illicit discharges can enter the storm sewer
system as either an indirect or direct connection.
3.5A Regulatory Authority
Effective implementation of an Illicit Discharge Detection and Elimination (IDDE)
program requires adequate legal authority to remove illicit discharges and prohibit future
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illicit discharges. This regulatory authority is achieved through adoption of United City
of Yorkville Ordinance No. 2010-05 (Appendix 5.5). Additionally, IEPA has regulatory
authority to control pollutant discharges and can take the necessary steps to correct or
remove an inappropriate discharge over and above MS4 jurisdiction.
3.5B Illicit Discharge Detection and Elimination
The United City of Yorkville maintains, operates, and publicizes a call-in phone number
(630-553-4350) where parties can contact the city with environmental concerns. Primary
advertisement venues include the website and all related municipal publications.
Telephone calls received from residents, other internal Departments or other agencies are
logged on the Illicit Discharge Tracking Form (Appendix 5.16). The City Engineer, or
his designee, should transfer information from the tracking form to the Illicit Discharge
Summary Form (Appendix 5.17) monthly. The summary form should be reviewed
annually to determine if trends can be seen and if any additional outreach efforts are
warranted.
Subdivision and Public Utility Ordinance
The United City of Yorkville created and adopted Ordinance No. 94-4 (Appendix 5.6) to
prohibit the discharge of any toilet, sink, basement, septic tank, cesspool, industrial waste
or other polluting substances to any open ditch, drain, or drainage structure. This
ordinance can be used to further support the activities required by the city’s Stormwater
Management Program Plan.
3.5C Understanding Outfalls and Illicit Discharges
Understanding the potential locations and the nature of illicit discharges in urban
watersheds is essential to find, fix and prevent them.
Identifying Outfalls and Receiving Waters
An Outfall is a point source where a municipal separate storm sewer discharges into
Waters of the United States “receiving water”. Open conveyances connecting two
municipal storm sewers, or pipes, tunnels or other conveyances which connect segments
of the same stream or other Waters of the United States are not considered outfalls. For
the purposes of this program the following definitions shall be used:
Outfall: A storm sewer outlet, or other open conveyance point discharge location,
that discharges into a Waters of the U.S, receiving water or another MS4.
Regulated systems include the conveyance or system of conveyances including roads
with drainage systems, municipal streets, catch basins, gutters, ditches, swales, man made
channels or storm sewers.
The outfall inventory was prepared by the United City of Yorkville. The outfall locations
have been numbered to facilitate detection and tracking of identified illicit discharges.
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This information can be obtained from the city’s Geographic Information System (GIS),
which is maintained by the Community Development Department.
The outfall map should be revised annually to incorporate permitted outfalls associated
with new developments. An outfall inventory should be performed every 5 years; the
focus of this effort is to search for new outfalls (i.e. those not already included in the
existing GIS). The search for new outfalls should be combined with the pre-screening
efforts.
USEPA Exclusions
It is noted that not all dry-weather flows are considered inappropriate discharges. Under
certain conditions, the following discharges are allowed:
Water line flushing
Landscaping irrigation
Diverted stream flows
Rising groundwater
Uncontaminated groundwater infiltration
Uncontaminated pumped groundwater
Discharges from potable water sources
Flows from foundation drains
Air conditioning condensation
Irrigation water
Springs
Water from crawl spaces
Lawn watering
Individual car washing
Flows from riparian habitats and wetlands
Dechlorinated swimming pool water
Street wash water
Pollutant Indicators
Outfalls should be inspected for evidence of the following pollutant indicators:
Odor
Color of discharge water or staining of outfall pipe
Turbidity (clarity) of discharge water
Floatables in or residue from discharge water, such as scum, foam, suds, oil
sheen, etc.
Excessive plant growth or lack of plant growth at outfall
Sediment plume.
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3.5D Indirect Connections
Indirect connections are typically the result of events such as dumping or spillage of
materials into storm sewer drains. Intentional dumping is a common type of illicit
discharge. Generally, indirect modes of entry produce random, infrequent discharges,
with the exception of groundwater seepage.
There are five main modes of indirect entry for discharges. These are groundwater
seepage, unintentional spills, intentional dumping, outdoor washing, and over-irrigation
of landscaping.
Seepage discharges can be either continuous or intermittent, depending on the depth of
the water table and the season. Groundwater seepage usually consists of relatively clean
water that is not an illicit discharge by itself, but can carry other illicit discharges. If
storm drains are located close to sanitary sewers, groundwater seepage may intermingle
with sewage. Seepage will be addressed by taking samples to check for contamination
from nearby sanitary sewers or septic systems. Mitigation measures would consist of
repairs to sewers or notification to the Kendall County Health Department as appropriate.
See Chapter 3.6 for the Spill Response Plan for unintentional spills.
Intentional dumping is minimized through public education. The city also maintains an
Illegal Dumping Hotline which is described in Chapter 3.5B. The procedure for handling
a dumping incident is described in Chapter 3.6.
Outdoor washing and over-irrigation are minimized through public education.
3.5E Direct Connections
Direct connections enter through direct piping connections to the storm sewer system,
and are most easily detected during dry-weather periods. Inspection of stormwater
outfalls during dry-weather conditions reveals whether non-stormwater flows exist. If
non-stormwater flows are observed, they can be screened and tested to determine whether
pollutants are present. If the presence of pollutants is indicated, the detective work of
identifying the source of the discharge can begin and be corrected.
The process to eliminate direct connection illicit discharges consists of the following
components:
1. Program Planning consists of the organizational efforts required to perform outfall
screening and follow-up investigative activities of the program. Program planning
identifies the regulatory authority to remove directly connected illicit discharges,
identification of the outfalls and receiving waters, and providing personnel and
equipment to perform the outfall screening and follow-up work.
2. Outfall Screening consists of pre-screening to determine whether dry-weather flows
are present and outfall inspection which includes field visits to determine whether an
illicit discharge exists.
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3. Follow-Up Investigation and Program Evaluation are necessary to determine the
source of any identified pollutant flows and eliminate them. The major follow-up
investigation evaluation components include:
reviewing and assessing outfall inspection results
internal coordination
tracing upstream to identify the source of the illicit discharge
exercising the appropriate legal means to eliminate the illicit discharge and
schedule follow-up inspections as necessary
3.5F Access to Private Property
In some cases, it may be necessary for City personnel to enter or cross private property to
investigate probable illicit discharges. A form letter should be prepared that includes a
short description of the project, the purpose of the access to the property, and the name of
a project contact person with a telephone number. If the owner is not present, a letter
should be left at the premises to facilitate return inspection. If permission to access
property is denied, a public official should then contact the owner at a later date.
3.5G Confined Space Entry
Confined space entry for this program would include climbing into or inserting one’s
head into a pipe, manhole, or catch basin. In general, do not cross the vertical plane
defining an outfall pipe or the horizontal plane defining a manhole unless properly
prepared for confined space entry. Confined space entry shall be conducted only by
trained personnel with appropriate rescue and monitoring equipment.
Outfall Inspection
The City is unable to perform inspections on all stormwater outfalls but will take action
to correct problems with storm water outfalls as they are reported. The request and follow
up action taken should be recorded. Those outfalls which are reported and are followed
up with an inspection should be assessed to determine which one of the three following
conditions applies:
(1) The outfall is dry or damp with no observed flow
(2) Flowing discharges are observed from the outfall
(3) The outfall is partially or completely submerged with no observed flow or is
inaccessible
Scenario 1: No Observed Flow. The field crew should photograph the outfall and
complete applicable sections of the Stormwater Outfall Inspection Form (Appendix
5.18).
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Scenario 2: Observed Flow. The field crew photographs the outfall and complete
applicable sections of the Stormwater Outfall Inspection Form. The intent is to gather
additional information to determine if an illicit discharge is present.
Scenario 3: Submerged or Inaccessible Outfall. If standing water is present in an
outfall or if it is inaccessible, then complete available information from Sections 1, 2, 3
and 7 of the Stormwater Outfall Inspection Form, with appropriate comments being
written in the “Remarks” section of the data form.
Determine the upstream sampling location using the city’s storm sewer atlas. Manholes,
catch basins, or culvert crossings can be used for upstream sampling locations. Make
reasonable efforts to locate upstream sampling points that are accessible and exhibit flow.
If inaccessible, resolve the problem in the office with appropriate supervisory personnel.
Outfall Assessment & Documentation
Complete the Stormwater Outfall Inspection Form for all outfall inspections. A
separate data form must be completed for each outfall. In addition to standard
information, the data form is used to record other information that is noted at the time the
outfall inspection is conducted (e.g. dead or dying plants, fish kills, excessive algae
growth, construction activities, etc. that might provide information regarding the potential
for illicit discharges).
3.5H Office Closeout
Update the outfall screening scheduling and completion form and plan the next screening
day’s activities. Discuss any problems locating outfalls with appropriate supervisory
personnel so that alternate sampling locations can be identified. Once a month, compile
data from the Stormwater Outfall Inspection Form onto the Outfall Inspection
Summary Form (Appendix 5.19).
3.5I Source Identification
Follow-up investigation is required for all outfalls with positive indicators for illicit
discharges. The procedure for detailed investigation and source identification has three
major components: 1) mapping and evaluation, 2) storm sewer investigation, and 3)
tracing.
Mapping Evaluation
For each outfall to be investigated, a large-scale working map should be created to show
the entire upstream storm sewer network, outfall locations, and parcel boundaries.
Storm Sewer Investigation
After conducting the mapping evaluation, a manhole-by-manhole inspection is conducted
to pinpoint the location of the illicit discharge. All flows are tracked upstream until the
dry-weather discharge is no longer detected. The field crew should also determine
whether there has been a significant change in the flow rate between manholes.
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Tracing
Once the manhole inspection has identified the reach area, testing may be necessary. If
there is only one possible source to this section of the storm sewer system in the area,
source identification and follow-up for corrective action is straightforward. Multiple
sources, or non-definitive sources, may require testing in order to identify the
contributing source. The method of testing must be approved by the Public Works
Director prior to testing. Potential testing methods include dye testing, smoke testing,
and/or remote video inspections.
3.5J Removal of Illicit Discharges
Removal of illicit discharge connections is required at all confirmed contributing sources.
Nine steps are taken to positively identify and remove an illicit discharge to the storm
sewer system. These steps are as follows:
Step 1. Have an outside laboratory service take a grab sample and test for the
illicit discharge at the manhole located immediately downstream of the
suspected discharge connection.
Step 2: Conduct an internal meeting with appropriate personnel to include Public
Works personnel, Building Code Official, and the City Engineer to discuss
inspection and testing results and remedial procedures.
Step 3: The City Engineer shall send a notification letter to the owner/operator of
the property/site suspected of discharging a pollutant. The letter should
state the apparent violation, and request that the owner/operator describe
the activities on the site and the possible sources of non-stormwater
discharges including information regarding the use and storage of
hazardous substances, chemical storage practices, materials handling and
disposal practices, storage tanks, types of permits, and pollution
prevention plans.
Step 4: Arrange a meeting for an inspection of the property with the Building
Code Official and the owner/operator of the property. After inspection,
notify the site owner/operator of the findings and instruct them verbally
and in writing to take any necessary corrective measures.
Step 5: Conduct additional tests as necessary if the initial site inspection is not
successful in identifying the source of the problem. The Public Works
Director is responsible for determining the appropriate testing measure to
pinpoint the source.
Step 6: If the owner/operator does not voluntarily initiate corrective action, the
Building Code Official shall issue a Notification of Noncompliance. The
notification shall include a description of the required action(s) and a time
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frame in which to take corrective action. Upon notification of
noncompliance, the owner can be subject to penalties as stipulated by
Municipal Code.
Step 7: Conduct follow-up inspections to determine whether corrective actions
have been implemented to: 1) remove the illicit connection or 2) establish
a proper disposal practice.
Step 8: If corrective actions have been completed (i.e. the illicit discharge has
been eliminated) the City Engineer shall send a notification of compliance
letter to the owner/operator of the property/site where the illicit discharge
occurred.
Step 9: If corrective actions have not been completed additional internal
meetings shall be held to determine appropriate steps to obtain
compliance. Appropriate actions may include monetary or other penalties.
3.5K Program Evaluation
The results of the screening program shall be reviewed periodically to determine if any
trends can be identified that relate the incidence of dry-weather flow observations to the
age of developed properties or land uses. These determinations may guide future outfall
screening activities. Although the outfall screening program will be successful in
identifying and eliminating most pollutants in dry-weather discharges, the continued
existence of dry-weather flows and associated pollutants will require an ongoing
commitment to continue the outfall screening program. The annual inspection screening
will determine the effectiveness of the program.
3.5L Measurable Goals
Track the number and type of potential illicit discharge on the Illicit Discharge
Tracking Forms and Illicit Discharge Summary Forms.
Inspect reported and priority storm water outfalls and record those inspections on
the Stormwater Outfall Inspection Forms and Outfall Inspection Summary
Forms.
3.6 Pollution Prevention and Good Housekeeping
The United City of Yorkville is responsible for the care and upkeep of public facilities,
municipal roads, associated maintenance yards, and city parks. Many maintenance
activities are most regularly performed directly by staff; however, from time to time
contractors are employed to perform specific activities. This chapter describes how the
compliance with permit requirements is achieved by incorporating pollution prevention
and good housekeeping stormwater quality management into day-to-day operations. On-
going education and training shall be provided to ensure that the appropriate employees
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have the knowledge and skills necessary to perform their functions effectively and
efficiently. The following lists describe activities performed by the Public Works
Department and Parks Department.
Street Sweeping
All streets are swept are least 3 times per year or more often on an as-needed basis.
Fall Leaf Pick-up
The city provides free leaf pick-up service to residents every fall. Shredded and
compacted leaves are removed and land-applied as fertilizer by a local farmer.
Catch Basin Cleaning
The city owns and operates a vacuum sewer cleaner truck. Catch basin cleaning is
performed on an as-needed basis. Locations of cleaned catch basins are tracked.
Ice Removal
The city uses Geo-Melt (beet juice) additive with salt-spreading operations to reduce the
amount of salt used in the winter, resulting in an average annual reduction in salt usage of
about 500 tons.
Snow Removal
The city does not plow or salt roadways in new developments unless occupied homes
exist along those roadways.
Salt Storage
The city has a salt storage building on Tower lane to provide protection for stockpiled salt
from rain. After the winter season remaining salt is trucked to the Kendall County storage
facility for storage until the following winter.
Spill Prevention
The city keeps Material Safety Data Sheets for all chemical agents used by the Public
Works Department.
Weed Control
The city uses herbicide when needed to control the growth of vegetation in roadside
ditches. Ditches are mowed where possible to avoid the application of herbicide. The
Public Works Department has several employees that are certified herbicide applicators.
Illicit Connections
Public Works and Engineering Department personnel are instructed to watch for unusual
discharges from storm sewers or unusual events at stormwater basins.
Landscape Maintenance
The Public Works Department and Parks Department are responsible for litter and debris
control, as well as pickup and proper disposal of roadkill. The city shall endeavor to
provide trash/recycling bins in more highly used parks.
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Vehicle Maintenance
Vehicle maintenance procedures and practices are designed to minimize or eliminate the
discharge of petroleum based pollutants to the stormwater system. Used motor oil and
antifreeze are collected and stored indoors. Waste fluids are removed on a regular basis
by vendors for recycling. Used batteries are stored in an enclosed covered container at the
Tower Lane maintenance yard. The batteries are collected on a regular basis by a local
vendor. Tires are replaced at local commercial vendor sites. Used tires are disposed of by
those vendors.
Waste Management
Waste Management consists of procedural and structural practices for handling, storing
and disposing of wastes generated by a maintenance activity. This helps prevent the
release of waste materials into the stormwater system. Waste management practices
include removal of materials such as asphalt and concrete, excess earth excavation,
contaminated soil, hazardous wastes, and sanitary waste.
A spoil stock pile is located at the Tower Lane maintenance yard. Asphalt, concrete, and
excess earth excavation materials are temporarily stored in the stock pile. Attempts are
made to recycle asphalt and concrete products prior to storage in the spoil stock pile.
Clean spoil is re-used around town where needed to backfill excavations and re-grade
properties. If contaminated spoil is encountered, it is collected for treatment or disposal.
Attempts are made to avoid stockpiling of contaminated spoil. If temporary stock piling
is necessary, the stockpile shall be placed on an impermeable liner. Additional protective
measures shall be used to protect the downslope of the stockpiled area for erosion
downstream. Access to a contaminated stockpile shall be located on the upstream side of
the stock pile.
Hazardous wastes shall be stored in labeled, sealed containers constructed of appropriate
material. The containers are located in non-flammable storage cabinets or on shelving.
These items include paint, aerosol cans, gasoline, solvents and other hazardous wastes.
Paint brushes and equipment used for water and oil-based paints are cleaned within a
designated cleaning area.
Sanitary wastewater shall be discharged into a sanitary sewer when possible. Portable
toilets shall be maintained at high-usage parks.
Water Conservation
Water conservation practices minimize water use and help to avoid erosion and/or the
transport of pollutants into the stormwater system. Ordinance No. 2006-123 (Appendix
5.7) limits the use of permanent landscape irrigation systems for certain properties as
follows:
For non-residential properties with one building, permanent irrigation systems
using city water are prohibited where the total landscaped area exceeds one acre.
For non-residential properties with more than one building, permanent irrigation
systems using city water are prohibited where the total landscaped area exceeds
three acres.
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For common open space properties of a primarily residential development,
permanent irrigation systems using city water are prohibited.
The city has adopted Ordinance 2004-20 (Appendix 5.8) that establishes odd-even
watering schedules throughout the city based on mailing addresses. This ordinance also
requires a property owner to obtain a watering permit to use city water to establish new
lawns. From July 1st to August 31st, watering permits are not issued and city water may
not be used to water newly sodded or seeded lawns. From May 1st to June 30th, and
September 1st to September 30th, watering permits are issued. Watering on the 1st day a
lawn is sodded or seeded is limited to no more than eight hours. Watering on the 2nd
through 10th days is limited to no more than seven hours, those hours being 5am-9am and
9pm to midnight. After Day 10, a lawn is considered established and a permit is no longer
required, however, the property owner must still follow the odd-even and seven-hour
restrictions.
Spill Response Plan
Spill prevention and control procedures are implemented wherever hazardous or non-
hazardous chemicals substances are stored or used. The following general guidelines are
implemented when cleanup activities and safety are not compromised, regardless of the
type or location of the spill:
Cover and protect spills from stormwater run-on and rainfall, until they are
removed
Dry cleanup methods are used when ever possible
Properly dispose of used cleanup materials, contaminated materials and recovered
spill material
Contaminated water used for cleaning and decontamination shall not be allowed
to enter the stormwater system
Keep waste storage areas clean, well organized and equipped with appropriate
cleanup supplies
Maintain perimeter controls, containment structures, covers and liners to ensure
proper function
Non-Hazardous Spills/Dumping
Non-hazardous spills typically consist of an illicit discharge of household materials into
the street or stormwater system. Upon notification or observance of a non-hazardous
spill, Public Works personnel implement the following procedure:
Sandbag the receiving inlet to prevent additional discharge into the storm sewer
system. It may be necessary to sand bag the next downstream inlet.
Check structures in the immediate and downstream area. If possible, pollutant
materials are vacuumed out. The structures are then jetted to dilute and flush the
remaining unrecoverable material.
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Clean up may consist of applying “Oil Dry” or sand and then sweeping up the
remnant material.
After containment and cleanup activities have been performed, the Public Works
Director shall fill out the Spill Response Notice (Appendix 5.20) door hanger and
distribute it to adjoining residences/businesses. In residential areas, the hanger
should be provided to residences on both sides of the spill and on both sides of the
street.
Public Works personnel document the location, type of spill and action taken on
the Illicit Discharge Tracking Form and submit the tracking form to their
supervisor. The supervisor or his designee takes the information from the form
and transfers it to the Illicit Discharge Summary Form.
If a person is observed causing an illicit discharge, the Building Code Official
shall be notified and appropriate citations issued.
Hazardous Spills
Upon notification or observance of a hazardous illicit discharge, the Public Works
Department shall implement the following procedure:
Call 911 and explain the incident. The Fire Protection District responds.
The Public Works and/or Police Departments provide emergency traffic control.
The Fire Protection District evaluates the situation and applies “No Flash” or “Oil
Dry” as necessary.
The Fire Protection District’s existing emergency response procedure, for
hazardous spill containment clean-up activities, is followed.
Public Works personnel document the location, type of spill and action taken on
the Illicit Discharge Tracking Form and submit the tracking form to their
supervisor. The supervisor or his designee takes the information from the form
and transfers it to the Illicit Discharge Summary Form.
Employee Training
The United City of Yorkville’s practice is to provide education and training to those
employees of its Public Works and Engineering Departments that have stormwater-
related responsibilities to ensure that they have the knowledge and skills necessary to
perform their functions effectively and efficiently. Employees are encouraged to attend
training sessions on topics related to the goals/objectives of the SMPP. Additionally, the
Public Works Director will develop an employee training programs with curricula and
materials tailored to specific employees. The materials will focus on stormwater pollution
prevention measures and practices relating to the maintenance of facilities, infrastructure
and properties.
The initial training program will be offered within one year of the acceptance of the
SMPP. Copies of training materials will be kept and shared with appropriate new
employees as part of their job introduction. The Public Works Director will monitor the
25
potential need for overall refresher material distributions and offer additional training as
necessary.
3.6A Measurable Goals
Maintain records for number curb miles swept each year.
Maintain records on amount of leaves collected each fall.
Maintain records on amount of road salt used each winter.
Maintain records for number of catch basins cleaned.
Maintain records for amount of herbicides and pesticides used each year.
Maintain records on type and number of training sessions and employees in
attendance.
Monitor BMPs by Evaluating BMP effectiveness based on published research by
keeping an inventory of BMPs implemented in the community and document the
estimated pollution reduction provided by the BMP.
Participate in watershed groups organized to implement control measures for
chloride water quality standards for deicing operations.
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4 Program and Performance Monitoring, Evaluation, &
Reporting
The SMPP represents an organized approach to achieving compliance with the
expectations of the NPDES Phase II program for both private and public activities within
the United City of Yorkville. Land development and city projects and activities are to
comply with the SMPP. Additionally, the city has numerous written and unwritten
procedures for various tasks. This SMPP documents and organizes previously existing
procedures to create one cohesive program addressing pre-development, construction,
and post-development activities, as well as municipal operations.
This chapter describes how the United City of Yorkville will monitor and evaluate the
SMPP. As part of the stormwater management program, the city will:
review its activities
inspect its facilities
oversee, guide, and train its personnel
evaluate the allocation of resources available to implement stormwater quality
efforts
This chapter describes how program monitoring, evaluation and reporting will be
accomplished.
4.1 Performance Milestones
Previously established ordinances and programs implement many of the anticipated tasks.
The following schedule describes general performance expectations.
Within one year following the acceptance of the SMPP, appropriate employees
will receive training regarding the implementation of the SMPP.
Within one year following the acceptance of the SMPP, items within Chapter 3
will be implemented with the exception of the IDDE program milestones
discussed below. Refer to Chapter 2.1 for a description of tasks associated with
the implementation of the SMPP.
Within three years following the acceptance of the SMPP, the Outfall Inspection
Procedure will be completed for all pipes identified, during the pre-screening
efforts, as having dry weather flow.
Within five years following the acceptance of the SMPP, tracing and removal
procedures will be completed for all sewers identified during the Outfall
Inspection Procedure as having illicit discharges.
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4.2 Program Monitoring and Research
Currently water quality sampling/monitoring is not required under the NPDES Phase II
program. Therefore, monitoring efforts focus on qualitative, not quantitative,
examination of stormwater practices. It is anticipated that the USEPA and IEPA
programs will evolve to require water quality monitoring and sampling. Future efforts
may involve collecting information regarding discharges from outfalls, identifying other
sources of pollutants, characterizing the receiving waters, sampling construction site
discharges, and identifying the performance of stormwater pollution control measures.
The United City of Yorkville will comply with future federal and state mandates
regarding stormwater issues.
The United City of Yorkville will consider research conducted by others regarding the
effectiveness of various alternative stormwater practices, procedures and technologies.
The city will continue to seek innovative stormwater practices and technologies.
4.3 Program Evaluation
The primary mechanism for evaluating the SMPP and ensuring that the field staff has
adequate knowledge is supervision by responsible managers. Management personnel
include the directors and supervisors of the Public Works and Engineering Departments.
Management support tasks include observing and evaluating design, construction, and
field personnel as they implement the requirements of the SMPP on both municipal and
private projects, and maintenance personnel as they conduct their assigned activities.
The following types of questions/answers are discussed annually between management
and field staff.
Are proper stormwater management practices used in planning, designing and
constructing both city and private projects?
Are efforts to incorporate stormwater practices into maintenance activities
effective and efficient?
Is the training program sufficient?
Is the SMPP sufficient?
Are the procedures for implementing the SMPP adequate?
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5 Appendices
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Old Business #1
Tracking Number
PW 2014-74
Railroad Quiet Zones
Public Works Committee – February 21, 2017
N / A
Majority
Approval
See attached memo.
Erin Willrett Administration
Name Department
Summary
Review of answers to unresolved questions from the January Public Works Committee meeting.
Background
There were several follow-up questions from the discussion on Quiet Zones at the January Public
Works Committee meeting.
The first was regarding the number of trains at each location. Below are the average daily train
counts provided by the Illinois Commerce Commission
(https://www.icc.illinois.gov/railroad/search.aspx):
Average daily train counts on the Union Pacific Railroad that runs through Elburn (IL Route 47
and First Street): 60 per day;
Average daily train counts on the Union Pacific Railroad that runs through Kane County (La Fox
and Brundige Road): 111 per day;
Average daily train counts on the Burlington Northern Santa Fe Railroad that runs through Sugar
Grove (Dugan Road and Main Street): 32 per day;
Average daily train counts on the Illinois Railnet line through downtown Yorkville: 2 per day.
The Kane County numbers are higher because of the added Metra traffic.
The second was a question concerning the Federal regulations regarding train horns.
Train horns are required by Federal law to be sounded at all public crossings, 24 hours a day, to warn
motorists and pedestrians that a train is approaching. Train crews may also sound their horns when there
is a vehicle, person or animal on or near the track and the crew determines it is appropriate to provide
warning. Crews may also sound the horn when there are track or construction workers within 25 feet of
a live track, or when gates and lights at the crossing are not functioning properly. For everyone’s safety,
Federal regulation requires locomotive horns be sounded for 15-20 seconds before entering all public
grade crossings, but not more than one-quarter mile in advance. This Federal requirement preempts any
state or local laws regarding the use of train horns at public crossings.
The Federal Railroad Administration (FRA) required pattern for blowing the horn is two long,
one short, and one long sounding horn, repeated as necessary until the locomotive clears the crossing.
Locomotive engineers retain the authority to vary this pattern as necessary for crossings in close
proximity and are allowed to sound the horn in emergency situations. The Federal regulation
concerning train horns is officially known as the FRA’s Final Rule on the Use of Locomotive Horns at
Highway/Rail Grade Crossings and became effective June 24, 2005.
Memorandum
To: Public Works Committee Members
From: Erin Willrett, Assistant City Administrator
CC:
Date: January 23, 2017
Subject: Quiet Zone Follow Up Information
Finally, I have contacted Illinois Railnet about any expected increase in train traffic in the near
future. I was unable to get a response. When I do hear back from them, I will update the Committee
with any future plans that have for the rail line.
Recommendation
This is an informational item.