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City Council Packet 2017 06-27-17 AGENDA CITY COUNCIL MEETING Tuesday, June 27, 2017 7:00 p.m. City Hall Council Chambers 800 Game Farm Road, Yorkville, IL Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Carlo Colosimo Jackie Milschewski Chris Funkhouser Seaver Tarulis Ken Koch Arden Joe Plocher Joel Frieders Alex Hernandez Establishment of Quorum: Amendments to Agenda: Presentations: 1. Girl Scout Tree Planting Presentation Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: 1. PW 2017-44 Go-For-It Sports – Plat of Easement – approve Plat of Easement 2. PW 2017-45 Raintree Village Units 4, 5 and 6 (Basin Maintenance) – accept proposal from Encap, Inc. in an amount not to exceed $41, 650.00 and authorize the Mayor to execute 3. PW 2017-46 Blackberry Woods – Completion of Improvements – accept proposal from Encap, Inc. with the $16,519.50 option for the Northeast basin and the $15,355.60 option for the West basin for a total amount of $31,875.10 and authorize the Mayor to execute 4. ADM 2017-42 Monthly Treasurer’s Report for April and May 2017 5. ADM 2017-47 Ordinance Declaring the United City of Yorkville’s Compliance with Illinois Prevailing Wage Act – authorize the Mayor and City Clerk to execute 6. ADM 2017-48 FY 2018 Travel Authorizations – approve travel authorizations for elected officials as presented in packet materials 7. ADM 2017-49 Fortigate Firewall Purchase – approve purchase of Fortinet Fortigate firewall system with a three-year maintenance and license agreement United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda June 27, 2017 Page 2 Minutes for Approval: Bills for Payment (Informational): $1,370,773.98 Mayor’s Report: 1. CC 2017-34 Bristol Bay Skate Park Bids – Award of Contract 2. CC 2017-35 Bristol Bay 65 Park Improvements – Amended Professional Services Agreement with EEI 3. CC 2017-36 First Amendment to the Intergovernmental Agreement for Kendall County Transportation Alternatives Program (“KC-TAP”) Funding to the United City of Yorkville to Construct a 2.72 Mile Multi-Use Path on Kennedy Road from Route 47 to Mill Road in Yorkville, Illinois (2016 – Amended 2017) Public Works Committee Report: 1. PW 2017-47 Pavilion Road Streambank Stabilization – Professional Services Agreement – Design and Construction Engineering 2. PW 2017-48 Kennedy Road Shared Use Path (ITEP) - License Agreement for Bicycle Path/Pedestrian Walkway with BNSF Railway Company 3. PW 2017-38 Road to Better Roads Program – Additional Work – Proposals from D Construction Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Park Board: Planning and Zoning Commission: 1. PZC 2017-05 Semper Fi Land, Inc. – Special Use Request – 1.5 Mile Review 2. EDC 2017-31 & PZC 2017-06 Ordinance Regulating Small Cell Wireless Telecommunication Facilities City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: Citizen Comments: Adjournment: City Council Agenda June 27, 2017 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: July 19, 2017 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Milschewski Finance Library Vice-Chairman: Alderman Plocher Administration Committee: Alderman Funkhouser Committee: Alderman Hernandez ECONOMIC DEVELOPMENT: July 5, 2017 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Koch Community Development Planning & Zoning Commission Vice-Chairman: Alderman Colosimo Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Frieders Committee: Alderman Hernandez PUBLIC SAFETY: July 6, 2017 – 6:30 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Colosimo Police School District Vice-Chairman: Alderman Tarulis Committee: Alderman Plocher Committee: Alderman Funkhouser PUBLIC WORKS: July 18, 2017 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Frieders Public Works Park Board Vice-Chairman: Alderman Koch Engineering YBSD Committee: Alderman Milschewski Parks and Recreation Committee: Alderman Tarulis UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, June 27, 2017 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2017-44 Go-For-It Sports – Plat of Easement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2017-45 Raintree Village Units 4, 5 and 6 (Basin Maintenance) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2017-46 Blackberry Woods – Completion of Improvements □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. ADM 2017-42 Monthly Treasurer’s Report for April and May 2017 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2017-47 Ordinance Declaring Compliance with Illinois Prevailing Wage Act □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. ADM 2017-48 FY 2018 Travel Authorizations □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 7. ADM 2017-49 Fortigate Firewall Purchase □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- BILLS FOR PAYMENT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Bills for Payment (Informational) □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2017-34 Bristol Bay Skate Park Bids □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2017-35 Bristol Bay 65 Park Improvements – Amended Professional Services Agreement w/EEI □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2017-36 First Amendment to the Intergovernmental Agreement for Kendall County Transportation Alternatives Program (“KC-TAP”) Funding for Multi-Use Path on Kennedy Rd from Route 47 to Mill Rd □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2017-47 Pavilion Road Streambank Stabilization – Professional Services Agreement – Design and Construction Engineering □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2017-48 Kennedy Road Shared Use Path (ITEP) - License Agreement for Bicycle Path/Pedestrian Walkway with BNSF Railway Company □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2017-38 Road to Better Roads Program – Additional Work – Proposals from D Construction □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PLANNING AND ZONING COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PZD 2017-05 Semper Fi Land, Inc. – Special Use Request – 1.5 Mile Review □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2017-31 & PZC 2017-06 Ordinance Regulating Small Cell Wireless Telecommunication Facilities □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- 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 Consent Agenda #1 Tracking Number PW 2017-44 Go For It Sports – Grant of Easement City Council – June 27, 2017 PW 06/20/17 Moved forward to CC consent agenda PW 2017-44 Consideration of Acceptance. Consideration of Easement Acceptance Brad Sanderson Engineering Name Department Attached find one copy of a proposed grant of easement for public utility and drainage purposes at the new Go for It Sports development. The easement is necessary as part of the site development. We recommend accepting the proposed easement. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Kathy Field-Orr, City Attorney Lisa Pickering, Deputy City Clerk Date: May 22, 2017 Subject: Go for It Sports – Grant of Easement GALE N A R O A D R . O . W . 120.0' R . O . W . PART OF L O T 2 0 5 2 BRISTOL B A Y P . U . D . U N I T 8 , DOC. 200 8 0 0 0 2 0 5 6 4 P.I.N.: 02 - 0 9 - 2 0 0 - 0 2 2 PART OF L O T 2 0 5 2 P.I.N.: 02 - 0 9 - 2 0 0 - 0 2 4 PART OF L O T 2 0 5 2 PART OF LOT 2052PART OF L O T 2 0 5 2 SHEETIllinois Professional Design Firm # 184-001322 651 Prairie Pointe Drive, Suite 201, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com 1 OF 1 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 Consent Agenda #2 Tracking Number PW 2017-45 Raintree Village – Units 4, 5 and 6 City Council – June 27, 2017 PW 06/20/17 Moved forward to CC consent agenda PW 2017-45 Consideration of Approval. Consideration of Encap proposal Brad Sanderson Engineering Name Department A quote from Encap was received to perform on-going maintenance work at the storm water management basins located with Units 4, 5 and 6. Encap performed initial maintenance work in 2014/2015 as part of the completion of improvements. No work was performed in 2016. Sufficient funds remain in the subdivision completion budget to perform this work. We did not solicit formal bids for this work for the following reasons:  Encap is currently working for the homeowner’s association in maintaining the basins in Units 1, 2 and 3 of the subdivision.  Encap has a familiarity with the basins located in Units 4, 5 and 6.  Encap has performed similar type of work for the City recently. We recommend acceptance of the proposal from Encap, Inc. in the amount of $41,650.00. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: May 19, 2017 Subject: Raintree Village Units 4, 5 & 6 – Basin Maintenance c/o Brad Sanderson Engineering Enterprises, Inc. #DESCRIPTION OF WORK UNIT # OF UNITS UNIT COST COST 1 Basin F 2017 Herbicide Applications EA 3 $2,300.00 $6,900.00 2 Basin F 2017 Mowings EA 2 $2,225.00 $4,450.00 $11,350.00 3 Basin G 2017 Herbicide Applications EA 3 $3,250.00 $9,750.00 4 Basin G 2017 Mowings EA 2 $2,700.00 $5,400.00 $15,150.00 5 Basin H 2017 Herbicide Applications EA 3 $3,250.00 $9,750.00 6 Basin H 2017 Mowings EA 2 $2,700.00 $5,400.00 $15,150.00 $41,650.00 Payment Agreement RE: 2017 Management- Rain Tree Village Basins F, G and H, Yorkville, Illinois The United City of Yorkville,(hereinafter “Client”)shall be solely liable for the timely payment of all amounts invoiced under this proposal.Invoices will be tendered by ENCAP,Inc.(“ENCAP”)from time to time,but no more frequently than every two weeks,and shall be due and payable upon receipt.If Client objects to all or any portion of an invoice,Client shall nevertheless timely pay the undisputed amount of such invoice and promptly advise ENCAP in writing of the reasons for disputing any amount. Sub-Total Basin F Sub-Total Basin G Sub-Total Basin H TOTAL Client shall pay an additional charge of two (2)percent (or the maximum percentage allowed by law,whichever is lower)of the invoiced amount per month for any payment received by ENCAP more than thirty (30)calendar days from the date of the invoice,excepting any portion of the invoiced amount in dispute and resolved in favor of Client. Payments shall first be applied to accrued interest and then to the unpaid principal amount. Costs include Kendall County Prevailing Wage Rates although nature of the work is 'Maintenance' PROPOSAL NO. 17-0109C March 9, 2017 United City of Yorkville Revised 03.09.2017 800 Game Farm Road Yorkville, Illinois 60560 52 Wheeler Road Sugar Grove, Illinois 60554 P: 630-466-6700 E:bsanderson@eeiweb.com If Client fails to pay invoiced amounts within thirty (30)calendar days of the date of the invoice,ENCAP may at any time,without waiving any other claim against Client and without incurring any liability to Client,suspend or terminate performance under this Agreement as long as any hazardous conditions created by ENCAP’S previously performed services are rendered non-hazardous to Clients employee’s,agents and subcontractors, the general public,and the environment.Termination shall not relieve Client of its obligation to pay amounts incurred up to termination.ENCAP shall be entitled to recover any and all costs of collection associated with recovery of amounts due under this Payment Agreement, including but not limited to reasonable attorney’s fees. Client will indemnify and hold harmless ENCAP and its representatives,agents,employees,and successors and assigns from and against any and all claims,suits,actions,losses,penalties,fines,and damages of any nature whatsoever,and shall pay any reasonable attorney’s fees,expert witnesses fees,and ENCAP fees,and court costs arising or resulting from (1)Client’s breach of this Agreement;or (2)Client’s negligence or intentional misconduct. Client shall accept full responsibility for payment notwithstanding any other agreement with owner or other party, and in no event will any provision in a contract,agreement,or understanding which conditions Client’s payment to ENCAP upon receipt of the payment from any other party relieve Client from responsibility for payment to ENCAP. Jonathan Koepke Date Authorized Representative Date _______________________ ________ ____________________ ________ By: ENCAP, Inc. By: United City of Yorkville Budget 1,109,463.00$ Improvements by City Stop Signs 2,300.00$ See list. 23 each at $100/each (per ED). (Note 2 of signs adjacent but outside limits of Units.) Other Signs 1,600.00$ See 2/25/14 ED E-mail. 16 each @ $100/each. Street Light Installation 225,000.00$ Estimated. 45 each @ $5000/each. Street Light Repairs 7,500.00$ Estimated 236,400.00$ Sub-total - Not completed Improvements Completed by Contract Engineering Design 20,700.00$ Final Construction 76,686.26$ 03 L&E as of 12/29/15; PSA = $82,734.00 Final Construction Cost - Hardin 656,196.81$ Final Encap - Ponds To Date 25,100.00$ Final Landscaping (Tree R & R)51,190.00$ Final 829,873.07$ Sub-total Balance 43,189.93$ As of 5/4/17 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 Consent Agenda #3 Tracking Number PW 2017-46 Blackberry Woods – Completion of Improvements City Council – June 27, 2017 PW 06/20/17 Moved forward to CC consent agenda PW 2017-46 Consideration of Approval. Consideration of Encap proposal Brad Sanderson Engineering Name Department The purpose of this memo is to recommendations for the completion of the improvements within the Blackberry Woods (Phase A) development. Background: The City acquired funds from the developer to complete the outstanding public improvement work items in Phase A. All work is complete, except for the maintenance items related to the storm water management basins and clean-up of the park site. The planned public improvements in the park site have been completed (sidewalk and tree installation). The City currently has approximately $30,000 remaining to complete the work. Questions Presented: Should the City approve the agreement with Encap to perform work on the storm water basins? Discussion: In discussions with the Parks and Rec Department, they have agreed to address the clean-up of the park site. The clean-up basically consists of the removal of dead-wood from the park site. This park is not intended to be an active recreation site for some time. An assessment by Encap and a quote to address the deficiencies in the basins is attached for your information. Basically, the six-foot wide buffer strip around the basins have not been properly established. We are recommending the $16,519.50 option for the Northeast basin and the $15,355.60 option for the West basin for a total of $31,875.10. The work also includes a three-year management of the planted areas for establishment of the native plantings. In order to stay close to the remaining budget, we are not recommending the cattail management at this time. Once the work is completed, we would then be recommending acceptance of the basins. After acceptance the HOA would be required to maintain moving forward. We did not solicit formal bids for this work for the following reasons:  Encap has a familiarity with the basins located in the development.  Encap has performed similar type of work for the City recently.  Encap has been the lowest cost provider of this type of work on recent projects. Action Required: Consideration of approval of the Encap 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: June 13, 2017 Subject: Blackberry Woods – Completion of Improvements April 20, 2017 City of Yorkville c/o Brad Sanderson (EEI) 52 Wheeler Road Sugar Grove, Illinois 60554 RE: Blackberry Woods Natural Areas Assessment and Proposal Dear Mr. Sanderson, ENCAP, Inc. has evaluated the two naturalized pond areas in the Blackberry Woods community located along Cannonball Trail and Carly Circle, Yorkville. The pond areas have not been managed in recent years and require restoration to perform intended water quality and habitat functions. The basin slopes within both areas are not established properly, and have been impacted from regular mowing activity. Per the approved plans, an approximate 6 foot wide buffer strip consisting of native grasses and forbs should be established around the perimeter of both basins. This buffer provi des critical ecological functions; namely soil stabilization, water filtration and retention. ENCAP proposes that the existing turf is eliminated from these areas using appropriate herbicide, and subsequently planted with a diverse native seed mix as well as stabilized with temporary erosion control blanket. The buffer areas will then require regular maintenance to deter the development of undesirable species until the native plants are allowed to establish. The establishment period typically takes 3 years, after which management efforts are reduced. The basin shoreline and bottoms currently consist of Cattails (Typha spp.) and small instances of Common Reed (Phragmites australis). Common Reed is an aggressive invasive plant that should be actively managed during the recommended management program. The original plans for the pond areas call for cattail control within the basins. Cattails are a native, yet aggressive species that form dense colonies. The Cattails located within the Blackberry Woods basins are currently performing water quality functions that are desirable, and also providing wildlife habitat. While efforts can be made towards cattail control, effective management is on -going as the seeds are persistent for these species. It is likely that full cattail control will be cost prohibitive in the long-term. It is recommended, however, that outlet areas within the basins be maintained to be kept clear of cattail growth and debris as part of the recommended management program. ENCAP, Inc. has provided a proposal corresponding with the recommendations listed herein (16-0321A, Revised 04.20.17). Should you have any questions regarding this information, or information in the proposal, please do not hesitate to contact me at sdedina@encapinc.net or (815) 748-4500. Sincerely, Samantha DeDina Natural Areas Maintenance Superintendent/Ecologist ENCAP, Inc. Sugar Grove, Illinois 60554 #DESCRIPTION OF WORK UNIT # OF UNITS UNIT COST COST 1 Initial Herbicide Application to Buffer Area (0.25 AC)LS 1 $2,750.00 $2,750.00 2 Native Wet-Mesic Prairie Buffer Seed Installation (0.25 AC)LS 1 $1,200.00 $1,200.00 3 S-150 ECB Installation within Native Seeded Areas SY 1210 $2.95 $3,569.50 4 Annual Management of Planted Areas YEAR 3 $3,000.00 $9,000.00 $16,519.50 1 Herbicide Application to Cattails- Fall LS 1 $2,995.00 $2,995.00 2 Cut and Burn/Remove Treated Cattail Material- Winter LS 1 $2,665.00 $2,665.00 $5,660.00 2 Initial Herbicide Application to Buffer Area (0.20 AC)LS 1 $2,000.00 $2,000.00 3 Native Wet-Mesic Prairie Buffer and Wetland Shelf Seed Installation (0.20 AC)LS 1 $1,500.00 $1,500.00 4 S-150 ECB Installation within Native Seeded Areas SY 968 $2.95 $2,855.60 5 Annual Management of Planted Areas YEAR 3 $3,000.00 $9,000.00 $15,355.60 1 Herbicide Application to Cattails LS 1 $4,015.00 $4,015.00 2 Prescribed Burn of Pond Bottom LS 1 $5,350.00 $5,350.00 RE: Blackberry Woods Stormwater Management Facility, Yorkville, IL Engineering Enterprises, Inc. Northeast Basin West Basin Sub-Total Northeast Basin Sub-Total West Basin PROPOSAL NO. 16-0321A April 20, 2017 The United City of Yorkville P: 630-466-6700 E: bsanderson@eeiweb.com c/o Brad Sanderson 52 Wheeler Road Revised 4.20.17 Optional Cattail Control Sub-Total Optional Cattail Control $9,365.00 $46,900.10 Maintenance includes 3 selective herbicide/spot mowing treatments per year within the planted/seeded areas. Sub-Total TOTAL A $250 charge will be applied for every entity added as "additional insured". Proposal includes prevailing wage rates for Kendall County for all tasks. The United City of Yorkville,(hereinafter “Client”)shall be solely liable for the timely payment of all amounts invoiced under this proposal.Invoices will be tendered by ENCAP,Inc.(“ENCAP”)from time to time,but no more frequently than every two weeks,and shall be due and payable upon receipt.If Client objects to all or any portion of an invoice,Client shall nevertheless timely pay the undisputed amount of such invoice and promptly advise ENCAP in writing of the reasons for disputing any amount. Client shall pay an additional charge of two (2)percent (or the maximum percentage allowed by law, whichever is lower)of the invoiced amount per month for any payment received by ENCAP more than thirty (30)calendar days from the date of the invoice,excepting any portion of the invoiced amount in dispute and resolved in favor of Client.Payments shall first be applied to accrued interest and then to the unpaid principal amount. If Client fails to pay invoiced amounts within thirty (30)calendar days of the date of the invoice,ENCAP may at any time,without waiving any other claim against Client and without incurring any liability to Client,suspend or terminate performance under this Agreement as long as any hazardous conditions created by ENCAP’S previously performed services are rendered non-hazardous to Clients employee’s, agents and subcontractors,the general public,and the environment.Termination shall not relieve Client of its obligation to pay amounts incurred up to termination.ENCAP shall be entitled to recover any and all costs of collection associated with recovery of amounts due under this Payment Agreement,including but not limited to reasonable attorney’s fees. Client will indemnify and hold harmless ENCAP and its representatives,agents,employees,and successors and assigns from and against any and all claims,suits,actions,losses,penalties,fines,and damages of any nature whatsoever, and shall pay any reasonable attorney’s fees, expert witnesses fees, and ENCAP fees,and court costs arising or resulting from (1)Client’s breach of this Agreement;or (2) Client’s negligence or intentional misconduct. Client shall accept full responsibility for payment notwithstanding any other agreement with owner or other party,and in no event will any provision in a contract,agreement,or understanding which conditions Client’s payment to ENCAP upon receipt of the payment from any other party relieve Client from responsibility for payment to ENCAP. Jonathan Koepke Date Authorized Representative Date _______________________ ________ ____________________ ________ By: ENCAP, Inc. By: The United City of Yorkville Payment Agreement 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 Consent Agenda #4 Tracking Number ADM 2017-42 Monthly Treasurer’s Report for April and May 2017 City Council – June 27, 2017 ADM 06/21/17 Moved forward to CC consent agenda ADM 2017-42 Majority Approval Rob Fredrickson Finance Name Department Beginning Fund Balance April Revenues YTD Revenues Revenue Budget % of Budget April Expenses YTD Expenses Expense Budget % of Budget Projected Ending Fund Balance General Fund 01 - General 5,691,706 999,895 15,022,087 14,516,822 103%887,604 13,695,924 14,995,054 91%7,017,869 Special Revenue Funds 15 - Motor Fuel Tax 883,223 31,515 513,147 512,577 100%13,096 589,224 740,580 80%807,146 79 - Parks and Recreation 500,762 112,040 1,789,237 1,654,988 108%154,523 1,744,275 1,796,995 97%545,724 72 - Land Cash 212,318 2,807 112,634 489,000 23%3,604 83,884 453,855 18%241,068 87 - Countryside TIF (549,946) - 215,360 200,000 108%- 160,407 162,759 99%(494,993) 88 - Downtown TIF 253,703 - 68,707 70,050 98%24,827 217,791 848,530 26%104,619 11 - Fox Hill SSA (3,780) 22,000 29,263 7,073 414%- 10,388 11,333 92%15,095 12 - Sunflower SSA (31,175) - 20,456 20,392 100%55 4,387 17,534 25%(15,106) Debt Service Fund 42 - Debt Service - 23,671 322,262 320,675 100%100 321,063 320,675 100%1,199 Capital Project Funds 25 - Vehicle & Equipment 1,841 80,745 655,022 314,883 208%63,964 362,693 347,617 104%294,171 23 - City-Wide Capital 3,003,908 132,383 1,405,460 1,823,662 77%24,791 3,081,855 3,796,671 81%1,327,514 Enterprise Funds *51 - Water 5,196,289 605,737 10,553,343 3,794,908 278%134,804 12,668,150 6,631,429 191%3,081,482 *52 - Sewer 1,570,874 311,639 2,532,541 2,534,994 100%41,243 2,716,344 2,965,298 92%1,387,071 Library Funds 82 - Library Operations 499,355 4,315 696,822 731,887 95%51,265 693,264 756,943 92%502,913 83 - Library Debt Service - 0 746,549 752,771 99%- 752,770 752,771 100%(6,221) 84 - Library Capital 14,807 3,301 53,662 20,010 268%3,636 44,692 11,895 376%23,777 Total Funds 17,243,885 2,330,046 34,736,552 27,764,692 125%1,403,512 37,147,110 34,609,939 107%14,833,327 * Fund Balance Equivalency Rob Fredrickson, Finance Director/Deputy Treasurer UNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ending April 30, 2017 Cash Basis As Deputy Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. May Revenues YTD Revenues Revenue Budget % of Budget May Expenses YTD Expenses Expense Budget % of Budget General Fund01 - General 953,108 953,108 15,137,621 6% 1,035,680 1,035,680 15,645,665 7%Special Revenue Funds15 - Motor Fuel Tax 37,585 37,585 494,116 8% 12,720 12,720 756,137 2%79 - Parks and Recreation 254,841 254,841 1,899,933 13% 130,105 130,105 1,977,311 7%72 - Land Cash 4,139 4,139 90,500 5% - - 362,355 0%87 - Countryside TIF - - 225,000 0% 55,223 55,223 163,516 34%88 - Downtown TIF 3,631 3,631 70,000 5% 366,409 366,409 926,079 40%11 - Fox Hill SSA 630 630 9,365 7% - - 23,000 0%12 - Sunflower SSA 979 979 13,480 7% - - 29,735 0%UNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ending May 31, 2017Cash BasisDebt Service Fund42 - Debt Service 26,594 26,594 320,225 8% 75 75 320,225 0%Capital Project Funds25 - Vehicle & Equipment 35,412 35,412 329,845 11% 121,393 121,393 599,925 20%23 - City-Wide Capital 72,630 72,630 2,705,765 3% 85,023 85,023 3,619,526 2%Enterprise Funds *51 - Water 30,512 30,512 4,297,767 1% 196,570 196,570 5,158,503 4%*52 - Sewer 103,738 103,738 2,604,442 4% 55,675 55,675 3,005,500 2%Library Funds82 - Library Operations 58,254 58,254 719,057 8% 52,766 52,766 803,154 7%83 - Library Debt Service 62,037 62,037 760,396 8% - - 760,396 0%84 - Library Capital 6,151 6,151 35,010 18% - - 35,000 0%Total Funds 1,650,240 1,650,240 29,712,522 6% 2,111,638 2,111,638 34,186,027 6%* Fund Balance EquivalencyRob Fredrickson, Finance Director/Deputy TreasurerAs Deputy Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/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 Consent Agenda #5 Tracking Number ADM 2017-47 Prevailing Wage Ordinance City Council – June 27, 2017 ADM 06/27/17 Moved forward to CC consent agenda ADM 2017-47 Majority Approval Ordinance to be compliant with the Prevailing Wage Act. Lisa Pickering Administration Name Department Summary Ordinance to be compliant with the Illinois Prevailing Wage Act. Background During the month of June each year, the city is required by state statute to investigate and ascertain the prevailing rate of wages as defined in 820 ILCS 130 – Prevailing Wage Act. The purpose of the Prevailing Wage Act is to ensure that the general prevailing rate of wages for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of the city are the same as the prevailing rate of wages for construction work in the Kendall County area. The rate of wages is determined by the Illinois Department of Labor. I have attached a draft ordinance along with the list of Kendall County prevailing wages dated June 5, 2017. After the approval of the ordinance by City Council, a copy of the ordinance will be publicly posted in the glass case in the lobby, a public notice will be placed in the newspaper, and the ordinance will be filed with the Illinois Department of Labor. Recommendation Staff recommends approval of the attached ordinance. Memorandum To: Administration Committee From: Lisa Pickering, Deputy Clerk CC: Bart Olson, City Administrator Date: June 14, 2017 Subject: Prevailing Wage Ordinance Ordinance No. 2017-____ Page 1 Ordinance No. 2017 - ____ AN ORDINANCE DECLARING THE UNITED CITY OF YORKVILLE’S COMPLIANCE WITH ILLINOIS PREVAILING WAGE ACT WHEREAS, the State of Illinois has enacted “An ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works,” approved June 26, 1941, as amended, being Chapter 820 ILCS 130/1-12 Illinois Compiled Statutes; and WHEREAS, the aforesaid Act requires that the United City of Yorkville investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics, and other workers in the locality of said City employed in performing construction of public works, for said City. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. As required by “An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works” approved June 26, 1941, as amended, the general prevailing rate of wages in the locality for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of this City is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Kendall County area as determined by the Department of Labor and the State of Illinois as of June 5, 2017, a copy of that determination being attached hereto as Exhibit “A” and incorporated herein by reference. The definition of any terms appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in said Act. Section 2. Nothing herein shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works of this City to the extent required by the aforesaid Act. Section 3. The City Clerk shall publicly post or keep available for inspection by any interested party in the main office of this City this determination of such prevailing rate of wage. Section 4. The City Clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed or file their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. Section 5. The City shall promptly file a copy of this Ordinance with the Department of Labor of the State of Illinois. Ordinance No. 2017-____ Page 2 Section 6. The City Clerk shall cause a notice to be published in a newspaper of general circulation within the area that the determination of prevailing wages has been made. Said notice shall conform substantially to the notice attached hereto as Exhibit “B”. Such publication shall constitute notice that this is the determination of the City and is effective. PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this _____ day of ________________, A.D. 2017. ____________________________________ City Clerk CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ ALEX HERNANDEZ ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of ________________, A.D. 2017. ____________________________________ Mayor Exhibit A Exhibit “B” Public Notice Notice of Ordinance No. ______ Prevailing Wage Rates The United City of Yorkville has passed an Ordinance establishing the prevailing rate of wages hereby ascertained to be the same as the prevailing rate of wages for construction work in the Kendall County area as determined by the Department of Labor and the State of Illinois as of June 5, 2017. Anyone wishing to inspect the ordinance may do so at: City Hall, 800 Game Farm Road, Yorkville, Illinois, Monday through Friday, between the hours of 8:00 A.M. and 4:30 P.M. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/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 Consent Agenda #6 Tracking Number ADM 2017-48 FY 18 Travel Authorizations City Council – June 27, 2017 ADM 06/21/17 Moved forward to CC consent agenda ADM 2017-48 Majority Approval See attached memo. Bart Olson Administration Name Department Summary Approval of travel expenses related to the MetroWest Council of Government Legislative Drivedown, IML Conference, and ICSC Recon show. Background The City Council approved an amendment to the employee manual related to travel, meal, and lodging authorization that addresses the requirements of the State’s Travel Expense Control Act, which was approved in 2016. The City’s employee manual amendment requires City Council approval for any travel and lodging expenditures for elected officials. While the act and the City’s employee manual allow these expenditures to be approved retroactively, it is my intent to have the entire year’s worth of elected official travel and lodging approved each year during the budget process. That approval did not occur as part of the FY 18 budget process, so I am bringing it forward now. The MetroWest Legislative Drivedown is an event hosted by the MetroWest Council of Government. Every spring for the past several years, dozens of mayors, managers, and aldermen from municipalities in Kane, Kendall, and DeKalb counties have made the trek to Springfield to discuss municipal issues with state representatives, senators, and department directors. Those elected officials and staff members who have made the effort to attend have found the meetings and experience useful to advancing municipal interests. The travel costs associated with this event are typically limited to one night of hotel stay per individual, and parking fees. The IML Annual Conference is hosted by the Illinois Municipal League in Chicago every Fall. This year’s conference will occur on September 21-23. The IML Annual Conference is the premier conference for Illinois municipal government officials, and the City has a long history of sending any elected officials willing to attend the event. The travel costs associated with this event are typically limited to two nights of hotel stay per individual (sometimes three nights depending on personal and conference schedules) and parking fees. Hotel fees are typically higher than the employee manual guideline of $150 per night because of the location of the conference in downtown Chicago. The approved travel policy allows the $150 per night to be exceeded if the conference-associated hotel is chosen. In this case, the conference associated hotel is chosen. Parking fees are typically higher than most other conferences given the location in downtown Chicago, but historically elected officials have carpooled or taken the train into the conference. The ICSC Recon show is hosted by the International Council of Shopping Centers in Las Vegas every Spring. This year’s conference will likely occur in late May. The Recon show is nation’s premier retail shopping center conference, which hosts developers, retailers, and government officials from around the world. The Mayor, the City’s economic development consultant, and I have attended this conference each year for the past two years and we have found value in the conference. The travel costs Memorandum To: Administration Committee From: Bart Olson, City Administrator CC: Date: June 8, 2017 Subject: Travel Expense Authorization – Elected Officials for this event are typically limited to airfare. The City’s economic development consultant has donated lodging accommodations to the City in years past. Even though this event will likely occur in FY 19, I am seeking approval in FY 18 because the conference registration typically opens several months prior to the actual conference. Recommendation Staff recommends approval of the travel expense authorizations. For all authorizations, approval means the elected official has the ability to go to the conference without further City Council approval, but it does not guarantee that the elected official will be able to attend the conference or will actually attend the conference. Assuming the final costs are in line with the estimates shown in the attached authorizations, no subsequent approval by City Council will be required. Should the actual costs exceed the estimates, subsequent City Council approval will be required. Lodging E Meal Exp Toll Expe 2017 Mile Parking E Other Ex Total Rei Per the Unite with the price event from pe at the event. F number of m instances sha rates shall be any and all in government-r long as the h form. 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Maximum oval must be obta raged to ask the h r hotel of their ch ubmit receipts w ns are attached s rlo Colosimo derman Joe P ders, Alderm orization 01/05/17 ncluded after the , for use upon the y. In no lodging ined for hotel for hoice, so with this showing o, Alderman Plocher, man Seaver n n Revised 01/05/17 Employee Signature Department Head/Designee Signature Lodging E Meal Exp Toll Expe 2017 Mile Parking E Other Ex Total Rei Per the Unite with the price event from pe at the event. F number of m instances sha rates shall be any and all in government-r long as the h form. Also p mileage from Employee Expenses penses enses eage Expense Expenses xpenses (Airf imbursement ed City of Yorkvil e of registration fo etty cash or by req For multiple-day s meals required awa all per diems be us set at the confere ncreases to this am rates and to stay a hotel rate is equal please make sure m City Hall to the Signature Unit Length of S Estimate: $ Total estim None antici None antici es None antici Estimate: $ Total Estim fare, Taxi, et None antici t/Estimate lle Employee Man or an event will n questing a check fr seminars or confer ay from home. Fo sed to purchase alc nce-host hotel rate mount for lodging at the conference-h or cheaper than th that if an employ ir desired destina Full Name A A Date of Req Date of Tra Nature of T ted City o Stay: 1 night, $120 per room mate: $1,080 p ipated at this ipated at this ipated at this $10 per car, pe mate: $20 c.) ipated at this nual: Meals are re not be included in from the Finance D rences, the allowan r these pro-rated a coholic beverages e, or in absence of g. To minimize tra host hotels. At con he conference-hos yee is seeking rei ation. and Title: M Alderwoman Alderman Fri quest: M avel: T ravel: M of Yorkv date TBD m per night pe plus tax time. time. time. er night time. $1 eimbursed on a pe the per diem. Me Department; or em nce for the day of allowances, break , whether or not th f a conference, $15 avel costs while at nferences, employ st hotel rate. All e imbursement for Mayor Golin Milschewsk ieders, Alder May 1, 2017 TBD, tentativ MetroWest L ville Trav er person, plus 1,100 plus tax r diem basis, at a eal payments shall mployees shall be i departure and day kfast shall be $10, he consumption o 50 per night. Depa t conferences, emp yees are allowed to employees ARE R mileage that Ma Departmen nski, Alderm ki, Alderman rman Tarulis vely March 2 Legislative D vel Expen s tax x (estimated) maximum of $40 be processed as a issued a City credi y of return shall be lunch $10, and d ccurs during meal artment head appr ployees are encour o stay at any other REQUIRED to su ap Quest direction nt Head/Design man Colosimo n Plocher, A s, Alderman 2018 Drivedown nse Autho Revised 0 ) 0 per day. Meals in a reimbursement a it card, if feasible, e pro-rated based u dinner $20 per day l-time. Maximum oval must be obta raged to ask the h r hotel of their ch ubmit receipts w ns are attached s nee Signature o, Alderman Alderman Fun n Hernandez orization 01/05/17 ncluded after the , for use upon the y. In no lodging ined for hotel for hoice, so with this showing n Koch, nkhouser, n Lodging E Meal Exp Toll Expe 2017 Mile Parking E Other Ex Total Rei Per the Unite with the price event from pe at the event. F number of m instances sha rates shall be any and all in government-r long as the h form. Also p mileage from Employee Expenses penses enses eage Expense Expenses xpenses (Airf imbursement ed City of Yorkvil e of registration fo etty cash or by req For multiple-day s meals required awa all per diems be us set at the confere ncreases to this am rates and to stay a hotel rate is equal please make sure m City Hall to the Signature Unit None antici None antici None antici es None antici None antici fare, Taxi, et Airfare: $3 t/Estimate lle Employee Man or an event will n questing a check fr seminars or confer ay from home. Fo sed to purchase alc nce-host hotel rate mount for lodging at the conference-h or cheaper than th that if an employ ir desired destina Full Name Date of Req Date of Tra Nature of T ted City o ipated at this ipated at this ipated at this ipated at this ipated at this c.) 350 (estimate) nual: Meals are re not be included in from the Finance D rences, the allowan r these pro-rated a coholic beverages e, or in absence of g. To minimize tra host hotels. At con he conference-hos yee is seeking rei ation. and Title: M quest: May avel: TBD, e ravel: ICSC of Yorkv time. time. time. time. time. ) $ eimbursed on a pe the per diem. Me Department; or em nce for the day of allowances, break , whether or not th f a conference, $15 avel costs while at nferences, employ st hotel rate. All e imbursement for Mayor Gary 1, 2017 estimated Ma Recon Conf ville Trav $350 plus tax r diem basis, at a eal payments shall mployees shall be i departure and day kfast shall be $10, he consumption o 50 per night. Depa t conferences, emp yees are allowed to employees ARE R mileage that Ma Departmen Golinski ay 2018 ference vel Expen x (estimated) maximum of $40 be processed as a issued a City credi y of return shall be lunch $10, and d ccurs during meal artment head appr ployees are encour o stay at any other REQUIRED to su ap Quest direction nt Head/Design nse Autho Revised 0 ) 0 per day. Meals in a reimbursement a it card, if feasible, e pro-rated based u dinner $20 per day l-time. Maximum oval must be obta raged to ask the h r hotel of their ch ubmit receipts w ns are attached s nee Signature orization 01/05/17 ncluded after the , for use upon the y. In no lodging ined for hotel for hoice, so with this showing n 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 Consent Agenda #7 Tracking Number ADM 2017-49 Fortigate firewall purchase City Council – June 27, 2017 ADM 06/21/17 Moved forward to CC consent agenda ADM 2017-49 Majority Approval See attached memo. Bart Olson Administration Name Department Summary Approval of purchase of a Fortinet Fortigate firewall system, with a three-year maintenance and license agreement. Background The City joined the GovIT consortium in February 2017. One of the requirements of the consortium is to establish the same level of firewall protection as the other consortium communities. The City has received a quote for Fortinet Fortigate firewall hardware and software through the consortium’s vendor, Interdev. This would replace the City’s existing firewall system which was purchased a few years ago and is at the end of its lifespan. The Fortinet Fortigate system is also a step up in security and functionality from the existing system (Watchguard) that will ensure that the cities key IT assets stay secure in an ever-changing environment. The attached 3-year quote is for $23,492. Even though the purchase is spread out over three years, the authorization and payment will be done all at once and requires City Council approval. The invoice covers the hardware, support in the case of device malfunction, new firmware updates, security patches, and the ability to upgrade to new hardware at the end of the term (pending approval of another agreement). This invoice will cover the City Hall / Police Station, Public Works at Tower Lane, Parks building on Wolf Street, and the ARC Building. The City has also received a one-year subscription quote for more than $18,000 but we felt the value was much better for a three year term. Recommendation Staff recommends approval of the Fortinet Fortigate firewall system, with a three-year maintenance and license agreement. Memorandum To: Administration Committee From: Bart Olson, City Administrator CC: Date: June 8, 2017 Subject: Fortigate firewall purchase DATA SHEET FortiGate® 200E Series FortiGate 200E and 201E Security Fabric Integration FortiGate appliances, interconnected with the Fortinet Security Fabric, form the backbone of the Fortinet Enterprise Solution. Deployment Modes Distributed Enterprise Firewall Next Generation Firewall 20 Gbps Firewall 2.2 Gbps IPS 1.8 Gbps NGFW 1.2 Gbps Threat Protection 2 Million Concurrent Sessions Multiple GE SPF DMZ | Multiple GE RJ45 Hardware Acceleration SPU CP9 and NP6Lite 600 1,000 128 Yes Third-Party Certifications The Fortinet Enterprise Firewall Solution delivers end-to-end network security with one platform, one network security operating system and unified policy management with a single pane of glass — for the industry’s best protection against the most advanced security threats and targeted attacks. FortiGate® 200E Series 2 www.fortinet.com 11 12 13 14 CONSOLE USB HA MGMT WAN 1 WAN 2 1 2 3 4 5 6 7 8 9 10 15 16 17 18 FortiGate 200E POWER HA ALARM STATUS Powered by SPU §Combines a RISC-based CPU with Fortinet’s proprietary Security Processing Unit (SPU) content and network processors for unmatched performance §Simplifies appliance design and enables breakthrough performance for smaller networks §Supports firewall acceleration across all packet sizes for maximum throughput §Delivers accelerated UTM content processing for superior performance and protection §Accelerates VPN performance for high speed, secure remote access Content Processor Fortinet’s new, breakthrough SPU CP9 content processor works outside of the direct flow of traffic and accelerates the inspection of computationally intensive security features: §Enhanced IPS performance with unique capability of full signature matching at ASIC §SSL Inspection capabilities based on the latest industry mandated cipher suites §Encryption and decryption offloading Network Processor The SPU NP6Lite network processor works inline with firewall and VPN functions delivering: §Wire-speed firewall performance for any size packets §VPN acceleration §Anomaly-based intrusion prevention, checksum offload and packet defragmentation §Traffic shaping and priority queuing FortiGate 200E/201E HARDWARE Interfaces 1. Console Port 2. USB Port 3. 2x GE RJ45 Management/HA Ports 4. 2x GE RJ45 WAN Ports 5. 14x GE RJ45 Ports 6. 4x GE SFP Slots 4 1 2 3 5 6 1UCP9NP6LITE RPS /480GB FortiGate® 200E Series 3 SOFTWARE SERVICES FortiGuard™ Security Services FortiGuard Labs offers real-time intelligence on the threat landscape, delivering comprehensive security updates across the full range of Fortinet’s solutions. Comprised of security threat researchers, engineers, and forensic specialists, the team collaborates with the world’s leading threat monitoring organizations, other network and security vendors, as well as law enforcement agencies: §Real-time Updates — 24x7x365 Global Operations research security intelligence, distributed via Fortinet Distributed Network to all Fortinet platforms. §Security Research — FortiGuard Labs have discovered over 170 unique zero-day vulnerabilities to date, totaling millions of automated signature updates monthly. §Validated Security Intelligence — Based on FortiGuard intelligence, Fortinet’s network security platform is tested and validated by the world’s leading third-party testing labs and customers globally. FortiCare™ Support Services Our FortiCare customer support team provides global technical support for all Fortinet products. With support staff in the Americas, Europe, Middle East and Asia, FortiCare offers services to meet the needs of enterprises of all sizes: §Enhanced Support — For customers who need support during local business hours only. §Comprehensive Support — For customers who need around- the-clock mission critical support, including advanced exchange hardware replacement. §Advanced Services — For global or regional customers who need an assigned Technical Account Manager, enhanced service level agreements, extended software support, priority escalation, on-site visits and more. §Professional Services — For customers with more complex security implementations that require architecture and design services, implementation and deployment services, operational services and more. 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Reduce operating expenses and save time with a truly consolidated next generation security platform. §A truly consolidated platform with one OS for all security and networking services for all FortiGate platforms. §Industry-leading protection: NSS Labs Recommended, VB100, AV Comparatives and ICSA validated security and performance. §Control thousands of applications, block the latest exploits, and filter web traffic based on millions of real-time URL ratings. §Detect, contain and block advanced attacks automatically in minutes with integrated advanced threat protection framework. §Solve your networking needs with extensive routing, switching, WiFi, LAN and WAN capabilities. §Activate all the SPU-boosted capabilities you need on the fastest firewall platform available. Enterprise Bundle FortiGuard Labs delivers a number of security intelligence services to augment the FortiGate firewall platform. You can easily optimize the protection capabilities of your FortiGate with the FortiGuard Enterprise Bundle. This bundle contains the full set of FortiGuard security services plus FortiCare service and support offering the most flexibility and broadest range of protection all in one package. FortiGate® 200E Series 4 www.fortinet.com SPECIFICATIONS FORTIGATE 200E FORTIGATE 201E Hardware Specifications GE RJ45 WAN Interfaces 2 GE RJ45 Management/HA Ports 2 GE RJ45 Ports 14 GE SFP Slots 4 USB (Client / Server)1 / 1 Console (RJ45)1 Local Storage —480 GB Included Transceivers 0 System Performance Firewall Throughput (1518 / 512 / 64 byte UDP packets)20 / 20 / 9 Gbps Firewall Latency (64 byte UDP packets)3 μs Firewall Throughput (Packets Per Second)13.5 Mpps Concurrent Sessions (TCP)2 Million New Sessions/Second (TCP)135,000 Firewall Policies 10,000 IPsec VPN Throughput (512 byte packets)9 Gbps Gateway-to-Gateway IPsec VPN Tunnels 2,000 Client-to-Gateway IPsec VPN Tunnels 5,000 SSL-VPN Throughput 900 Mbps Concurrent SSL-VPN Users (Recommended Maximum)300 IPS Throughput (HTTP / Enterprise Mix) 1 6 Gbps / 2.2 Gbps SSL Inspection Throughput 2 1 Gbps Application Control Throughput 3 3.5 Gbps NGFW Throughput 4 1.8 Gbps Threat Protection Throughput 5 1.2 Gbps CAPWAP Throughput 6 1.5 Gbps Virtual Domains (Default / Maximum)10 / 10 Maximum Number of FortiAPs (Total / Tunnel Mode)128 / 64 Maximum Number of FortiTokens 1,000 Maximum Number of Registered FortiClients 600 High Availability Configurations Active / Active, Active / Passive, Clustering Dimensions Height x Width x Length (inches)1.7 x 17.0 x 11.9 Height x Width x Length (mm)44 x 432 x 301 Weight 11.9 lbs (5.4 kg)12.12 lbs (5.5 kg) Form Factor Rack Mount, 1 RU Environment Power 100–240V AC, 50–60 Hz Maximum Current 110 V / 3 A, 220 V / 1.5 A 110 V / 7 A, 220 V / 3.5 A Power Consumption (Average / Maximum)70.98 / 109.9 W Heat Dissipation 374.9 BTU/h Operating Temperature 32–104°F (0–40°C) Storage Temperature -31–158°F (-35–70°C) Humidity 10–90% non-condensing Operating Altitude Up to 7,400 ft (2,250 m) Compliance FCC Part 15B, Class A, CE, RCM, VCCI, UL/cUL, CB, BSMI Certifications ICSA Labs: Firewall, IPsec, IPS, Antivirus, SSL-VPN; IPv6 Note: All performance values are “up to” and vary depending on system configuration. IPsec VPN performance is based on 512 byte UDP packets using AES-256+SHA1. 1. IPS performance is measured using 1 Mbyte HTTP and Enterprise Traffic Mix. 2. SSL Inspection is measured with IPS enabled and HTTP traffic, using TLS v1.2 with AES256-SHA. 3. Application Control performance is measured with 64 Kbytes HTTP traffic. 4. NGFW performance is measured with IPS and Application Control enabled, based on Enterprise Traffic Mix. 5. Threat Protection performance is measured with IPS and Application Control and Malware protection enabled, based on Enterprise Traffic Mix. 6. CAPWAP performance is based on 1444 byte UDP packets. For complete, up-to-date and detailed feature set, please refer to the Administration Handbook and FortiOS Datasheet. GLOBAL HEADQUARTERS Fortinet Inc. 899 KIFER ROAD Sunnyvale, CA 94086 United States Tel: +1.408.235.7700 www.fortinet.com/sales EMEA SALES OFFICE 905 rue Albert Einstein 06560 Valbonne France Tel: +33.4.8987.0500 APAC SALES OFFICE 300 Beach Road 20-01 The Concourse Singapore 199555 Tel: +65.6395.2788 LATIN AMERICA SALES OFFICE Sawgrass Lakes Center 13450 W. Sunrise Blvd., Suite 430 Sunrise, FL 33323 United States Tel: +1.954.368.9990 Copyright© 2017 Fortinet, Inc. All rights reserved. Fortinet®, FortiGate®, FortiCare® and FortiGuard®, and certain other marks are registered trademarks of Fortinet, Inc., in the U.S. and other jurisdictions, and other Fortinet names herein may also be registered and/or common law trademarks of Fortinet. All other product or company names may be trademarks of their respective owners. Performance and other metrics contained herein were attained in internal lab tests under ideal conditions, and actual performance and other results may vary. Network variables, different network environments and other conditions may affect performance results. Nothing herein represents any binding commitment by Fortinet, and Fortinet disclaims all warranties, whether express or implied, except to the extent Fortinet enters a binding written contract, signed by Fortinet’s General Counsel, with a purchaser that expressly warrants that the identified product will perform according to certain expressly-identified performance metrics and, in such event, only the specific performance metrics expressly identified in such binding written contract shall be binding on Fortinet. For absolute clarity, any such warranty will be limited to performance in the same ideal conditions as in Fortinet’s internal lab tests. In no event does Fortinet make any commitment related to future deliverables, features or development, and circumstances may change such that any forward-looking statements herein are not accurate. Fortinet disclaims in full any covenants, representations, and guarantees pursuant hereto, whether express or implied. Fortinet reserves the right to change, modify, transfer, or otherwise revise this publication without notice, and the most current version of the publication shall be applicable. FST-PROD-DS-GT2HS2 FG-200E-DAT-R6-201703 FortiGate® 200E Series ORDER INFORMATION Product SKU Description FortiGate 200E FG-200E 18x GE RJ45 (including 2x WAN ports, 1x Mgmt port, 1x HA port, 14x switch ports), 4x GE SFP slots. SPU NP6Lite and CP9 hardware accelerated. FortiGate 201E FG-201E 18x GE RJ45 (including 2x WAN ports, 1x Mgmt port, 1x HA port, 14x switch ports), 4x GE SFP slots, SPU NP6Lite and CP9 hardware accelerated, 480 GB onboard SSD storage. Optional Accessories External redundant AC power supply FRPS-100 External redundant AC power supply for up to 4 units: FG-100/101E, FG-300C, FG-310B, FS-348B and FS-448B. Up to 2 units: FG-200B, FG-200D, FG-200/201E, FG-240D and FG-300D, FG-400D, FG-500D, FG-600D, FHV-500D, FDD-200B, FDD-400B, FDD-600B and FDD-800B. 1 GE SFP LX transceiver module FG-TRAN-LX 1 GE SFP LX transceiver module for all systems with SFP and SFP/SFP+ slots. 1 GE SFP RJ45 transceiver module FG-TRAN-GC 1 GE SFP RJ45 transceiver module for all systems with SFP and SFP/SFP+slots. 1 GE SFP SX transceiver module FG-TRAN-SX 1 GE SFP SX transceiver module for all systems with SFP and SFP/SFP+ slots. Quote 5/11/2017 34286 City of Yorkville, IL 800 Game Farm Rd Yorkville, IL 60560-1133 P.O. No.Terms Net 15 Rep MO Project Accepted Total Subtotal Sales Tax (7.75%) 2650 Holcomb Bridge Road Suite 310, Alpharetta, GA 30022 Phone:(770) 643-4400 2700 Patriot Boulevard Suite 250 Glenview, IL 60026 Phone: (847) 503-0660CHICAGO ATLANTA Description Qty Total Fortigate 200E Three Year Quote FG-200E-BDL-900-36 FortiGate-200E Hardware plus 8x5 FortiCare and FortiGuard UTM Bundle 2 11,943.68T FG-200E-BDL-950-36 FortiGate-200E Hardware plus 24x7 FortiCare and FortiGuard UTM Bundle 1 6,775.36T FMG-VM-BASE FortiManager - VM License 1 1,264.80T FAZ-VM-GB5 FortiAnalyzer-VM Upgrade license for adding 5 GB/Day of Logs and 3 TB storage capacity 1 1,339.20T FC2-10-LV0VM-248-02-36 FortiAnalyzer-VM Support 24x7 FortiCare Contract (for 1-11 GB/Day of Logs) 1 1,078.80T FC1-10-M3004-248-02-36 FortiManager - VM Support 24x7 FortiCare Contract (1 - 10 devices) 1 996.03T Shipping and handling (Ground 3 - 5 day) 3 94.50T _____________________________________$25,313.03 $23,492.37 $1,820.66 Quote 5/10/2017 34285 City of Yorkville, IL 800 Game Farm Rd Yorkville, IL 60560-1133 P.O. No.Terms Net 15 Rep MO Project Accepted Total Subtotal Sales Tax (7.75%) 2650 Holcomb Bridge Road Suite 310, Alpharetta, GA 30022 Phone:(770) 643-4400 2700 Patriot Boulevard Suite 250 Glenview, IL 60026 Phone: (847) 503-0660CHICAGO ATLANTA Description Qty Total Fortigate 200E One Year Quote FG-200E-BDL H/W PLUS 1YR 8X5 UTM BDL 2 8,303.04T FG-200E-BDL-950-12 H/W PLUS 1YR 24X7 UTM BDL 1 4,419.36T FMG-VM-BASE FortiManager - VM License 1 1,264.80T FAZ-VM-GB5 FortiAnalyzer-VM Upgrade license for adding 5 GB/Day of Logs and 3 TB storage capacity. 1 1,339.20T FC2-10-LV0VM-248-02-12 FortiAnalyzer-VM Support 24x7 FortiCare Contract (for 1-11 GB/Day of Logs) 1 1,078.80T FC1-10-M3004-248-02-12 FortiManager - VM Support 24x7 FortiCare Contract (1 - 10 devices) 1 379.44T Shipping and handling (Ground 3 - 5 day) 3 97.13T _____________________________________$18,190.11 $16,881.77 $1,308.34 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 Bills for Payment Tracking Number Bills for Payment (Informational): $1,370,773.98 City Council – June 27, 2017 None – Informational Amy Simmons Finance Name Department DATE: 06/19/17 UNITED CITY OF YORKVILLE TIME: 12:51:48 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900045 FNBO FIRST NATIONAL BANK OMAHA 06/25/17 062514A-R.HARMON 05/31/17 01 SCHOOL SPECIALTY-BALANCE BEAM 79-795-56-00-5606 289.98 02 TACTILE SET, FIDGET KIT ** COMMENT ** 03 WALGREENS-PHOTO DEVELOPING 79-795-56-00-5606 9.95 04 BALLOONS ALOFT-BALLOONS 79-795-56-00-5606 27.00 05 AMAZON-GLUE, WALL DECALS 79-795-56-00-5606 36.78INVOICE TOTAL: 363.71 * 062517-CC REBATE 05/31/17 01 2017 CC REBATE 01-000-48-00-4850 -12,080.22 02 2017 CC REBATE 23-000-46-00-4690 -59.57 03 2017 CC REBATE 25-000-48-00-4852 -435.01 04 2017 CC REBATE 51-000-48-00-4850 -369.95 05 2017 CC REBATE 52-000-48-00-4850 -99.38 06 2017 CC REBATE 79-000-48-00-4850 -445.24 07 2017 CC REBATE 79-000-48-00-4850 -631.52 08 2017 CC REBATE 82-000-48-00-4850 -143.35 09 2017 CC REBATE 84-000-48-00-4850 -130.12 10 2017 CC REBATE 87-000-48-00-4850 -0.11 11 2017 CC REBATE 88-000-48-00-4850 -55.53INVOICE TOTAL: -14,450.00 * 062517-UCOY 05/31/17 01 ADVANCED DSPL-MAR 2017 REFUSE 01-540-54-00-5442 105,590.18 02 ADVANCED DSPL-MAR 2017 SENIOR 01-540-54-00-5441 2,768.15 03 REFUSE ** COMMENT ** 04 ADVANCED DSPL-MAR 2017 SENIOR 01-540-54-00-5441 153.92 05 CIRCUIT BREAKER ** COMMENT ** 06 ADVANCED DSPL-APR 2017 REFUSE 01-540-54-00-5442 105,590.18 07 ADVANCED DSPL-APR 2017 SENIOR 01-540-54-00-5441 2,768.15 08 REFUSE ** COMMENT ** 09 ADVANCED DSPL-APR 2017 SENIOR 01-540-54-00-5441 153.92 10 CIRUIT BREAKER ** COMMENT ** 11 ALPHA-APR 2017 OFFICE CLEANING 01-110-54-00-5488 3,500.00INVOICE TOTAL: 220,524.50 * 062517A-A.SIMMONS 05/31/17 01 QUILL-DESK CALENDAR, STAPLES 01-120-56-00-5610 27.47 02 ARAMARK#1590908804-UNIFORMS 01-410-56-00-5600 53.98 03 ARAMARK#1590908804-UNIFORMS 51-510-56-00-5600 53.98 04 ARAMARK#1590908804-UNIFORMS 52-520-56-00-5600 27.00 05 ARAMARK#1590917567-UNIFORMS 01-410-56-00-5600 83.66 06 ARAMARK#1590917567-UNIFORMS 51-510-56-00-5600 83.66 07 ARAMARK#1590917567-UNIFORMS 52-520-56-00-5600 41.83 08 ARAMARK#1590926190-UNIFORMS 01-410-56-00-5600 53.98 09 ARAMARK#1590926190-UNIFORMS 51-510-56-00-5600 53.98 10 ARAMARK#1590926190-UNIFORMS 52-520-56-00-5600 27.00 11 CINTAS#OF94008396-APR 2017 51-510-54-00-5445 70.33 12 MONITORING ** COMMENT **Page 1 of 41 DATE: 06/19/17 UNITED CITY OF YORKVILLE TIME: 12:51:48 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900045 FNBO FIRST NATIONAL BANK OMAHA 06/25/17 062517A-A.SIMMONS 05/31/17 13 ALPHA-APR 2017 OFFICE CLEANING 01-110-54-00-5488 2,595.00 20 KONICA-4/10-5/09 COPIER CHARGE 01-110-54-00-5430 265.91 21 KONICA-4/10-5/09 COPIER CHARGE 01-120-54-00-5430 88.64 22 KONICA-4/10-5/09 COPIER CHARGE 01-220-54-00-5430 75.40 23 KONICA-4/10-5/09 COPIER CHARGE 01-210-54-00-5430 322.00 24 KONICA-4/10-5/09 COPIER CHARGE 01-410-54-00-5462 1.71 25 KONICA-4/10-5/09 COPIER CHARGE 51-510-54-00-5430 1.71 26 KONICA-4/10-5/09 COPIER CHARGE 52-520-54-00-5430 1.72 27 KONICA-4/10-5/09 COPIER CHARGE 79-790-54-00-5462 30.62 28 KONICA-4/10-5/09 COPIER CHARGE 79-795-54-00-5462 30.62 29 VERIZON-4/1-5/1 IN CAR UNITS 01-210-54-00-5440 532.18INVOICE TOTAL: 4,522.38 * 062517A-B.OLSEM 05/31/17 01 THINGS REMEBERED-DIANE TEELING 01-110-56-00-5610 123.00 02 DEPARTURE GIFT ** COMMENT ** 03 KEND PRINT-SIGNATURE STAMP, 01-110-56-00-5610 98.90 04 ALDERMAN BUSINESS CARDS ** COMMENT ** 05 METRO WEST-4/27 BOARD MEETING 01-110-54-00-5415 69.94 06 QUILL-2 FILING CABINETS 01-110-56-00-5610 459.98INVOICE TOTAL: 751.82 * 062517A-B.REISINGER 05/31/17 01 AMAZON-SIGN HOLDER, BINDERS 79-795-56-00-5610 57.42 02 SOURCE ONE-SHEET PROTECTORS, 79-795-56-00-5610 679.15 03 PAPER CLIPS, NOTE PADS, PENS, ** COMMENT ** 04 MARKERS, PAGE MARKERS, TAPE, ** COMMENT ** 05 CARD STOCK, ENVELOPES, ** COMMENT ** 06 SCISSORS, HAND SANITIZER, ** COMMENT ** 07 ADDING TAPE, STORAGE BOXES ** COMMENT ** 08 GOLD MEDAL-BRIDGE PARK 79-795-56-00-5607 761.20 09 CONCESSIONS SUPPLIES ** COMMENT ** 10 ULINE-OFFICE FLOOR MATS 79-795-56-00-5610 182.52 11 ARAMARK#001590926201-UNIFORMS 79-790-56-00-5600 86.62INVOICE TOTAL: 1,766.91 * 062517A-E.DHUSE 05/31/17 01 NAPA#167002-WIPER BLADE 51-510-56-00-5628 16.80INVOICE TOTAL: 16.80 * 062517A-J.DYON 05/31/17 01 SAMS-PAPER TOWEL 01-110-56-00-5610 16.76INVOICE TOTAL: 16.76 * 062517A-K.BARKSDALE 05/31/17 01 KONE-04/13/17 ELEVATOR REPAIR 23-216-54-00-5446 1,167.25INVOICE TOTAL: 1,167.25 * 062517A-L.HILT 05/31/17 01 DAVE AUTO#25246-SQUAD REPAIR 01-210-54-00-5495 115.00INVOICE TOTAL: 115.00 *Page 2 of 41 DATE: 06/19/17 UNITED CITY OF YORKVILLE TIME: 12:51:48 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900045 FNBO FIRST NATIONAL BANK OMAHA 06/25/17 062517A-L.PICKERING 05/31/17 01 BEAVER SHREDDING-4/21/17 01-110-54-00-5462 154.00 02 DOCUMENT DESTRUCTION ** COMMENT **INVOICE TOTAL: 154.00 * 062517A-M.PFISTER 05/31/17 01 AMAZON-WALL DECAL 82-820-56-00-5610 30.90INVOICE TOTAL: 30.90 * 062517A-N.DECKER 05/31/17 01 MINER ELEC#262957-CAMERA 01-210-54-00-5495 332.50 02 REPAIR ** COMMENT ** 03 ACCURINT-APR 2017 SEARCHES 01-210-54-00-5462 115.00 04 KEND PRINT-3 SETS OF BUSINESS 01-210-54-00-5430 174.00 05 CARDS ** COMMENT ** 06 SHREDIT IT-APR 2017 ON SITE 01-210-54-00-5462 142.29 07 SHREDDIG ** COMMENT **INVOICE TOTAL: 763.79 * 062517A-P.RATOS 05/31/17 01 2015 INTERNATIONAL CODE BOOK 01-220-56-00-5645 135.00INVOICE TOTAL: 135.00 * 062517A-R.MIKOLASEK 06/13/17 01 LAPG-TACTICAL POLO 01-210-56-00-5600 40.39INVOICE TOTAL: 40.39 * 062517A-R.WRIGHT 05/31/17 01 RUSH#16600-EMPLOYEE DRUG TESTS 01-410-54-00-5462 40.00 02 RUSH#16600-EMPLOYEE DRUG TESTS 51-510-54-00-5462 40.00 03 RUSH#16600-EMPLOYEE DRUG TESTS 79-790-54-00-5462 80.00 04 RUSH#16600-EMPLOYEE DRUG TESTS 79-795-54-00-5462 240.00 05 RUSH#16600-EMPLOYEE DRUG TESTS 82-820-54-00-5462 40.00INVOICE TOTAL: 440.00 * 062517A-S.REDMON 05/31/17 01 KATOM-POPCORN SCOOP 79-795-56-00-5607 30.37 02 DISPLAY2GO-CONCESSION RACK 79-795-56-00-5607 171.96 03 LANDMARK FORD-DELIVERY FEE FOR 79-795-54-00-5462 275.00 04 TRANSIT VAN ** COMMENT **INVOICE TOTAL: 477.33 * 062517A-T.NELSON 05/31/17 01 KWIK GOALS-SOCCER GOALS & NETS 79-795-56-00-5606 6,017.00INVOICE TOTAL: 6,017.00 *CHECK TOTAL: 222,853.54TOTAL AMOUNT PAID: 222,853.54Page 3 of 41 DATE: 06/19/17 UNITED CITY OF YORKVILLE TIME: 12:10:15 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900046 FNBO FIRST NATIONAL BANK OMAHA 06/25/17 062517-A.SIMMONS 05/31/17 01 IFO-CAPA EXAM REGISTRATION FEE 01-120-54-00-5412 308.94 02 CINTAS-MAY-JUN 2017 MONITORING 51-510-54-00-5445 140.67 03 ARAMARK#1590943347-UNIFORMS 01-410-56-00-5600 53.54 04 ARAMARK#1590943347-UNIFORMS 51-510-56-00-5600 53.54 05 ARAMARK#1590943347-UNIFORMS 52-520-56-00-5600 26.77 06 ARAMARK#1590934851-UNIFORMS 01-410-56-00-5600 53.54 07 ARAMARK#1590934851-UNIFORMS 51-510-56-00-5600 53.54 08 ARAMARK#1590934851-UNIFORMS 52-520-56-00-5600 26.77 INVOICE TOTAL: 717.31 * 062517-B.BEHRENS 05/31/17 01 AUTO ZONE-GLASS LIFT SUPPORT 51-510-56-00-5628 47.98 INVOICE TOTAL: 47.98 * 062517-B.OLSEM 05/31/17 01 WAREHOUSE DIRECT-PAPER, TAPE 01-110-56-00-5610 201.37 02 JEWEL-TABLE COVER, POP 01-110-56-00-5610 30.96 03 KEND PRINT-NAME PLATE, INK 01-110-56-00-5610 46.30 04 STAMPS ** COMMENT ** 05 IML REGISTRATION-HERNANDEZ 01-110-54-00-5412 75.00 INVOICE TOTAL: 353.63 * 062517-B.OLSON 05/31/17 01 RECON CONFERENCE TRANSPORT 01-110-54-00-5415 24.00 02 ANNUAL ICMA DUES 01-110-54-00-5460 1,357.00 03 ILCMA ANNUAL DUES 01-110-54-00-5460 387.50 INVOICE TOTAL: 1,768.50 * 062517-B.REISINGER 05/31/17 01 AT&T UVERSE-4/24-5/23 TOWN 79-795-54-00-5440 55.00 02 SQUARE SIGN ** COMMENT ** 03 ARE REST SOLUTIONS-MAY 2017 79-795-56-00-5620 1,832.59 04 PORT-O-LETS ** COMMENT ** 05 RECORD NEWSPAPER SUBSCRIPTION 79-795-54-00-5460 28.00 06 GOLF BALLS FOR OUTING 79-795-56-00-5606 423.78 07 AMAZON-LAPTOP SCREEN 79-795-56-00-5635 35.74 08 REPLACEMENT ** COMMENT ** 09 TOTES FOR GOLF OUTING 79-795-56-00-5606 337.93 10 ARAMARK#1590943349-UNIFORMS 79-790-56-00-5600 56.13 12 ARAMARK#1590934853-UNIFORMS 79-790-56-00-5600 56.13 13 IAPD FOIA /OPEN MEETING GUIDE 79-795-54-00-5412 45.00 14 GOLD MEDAL-BRDG PK CONCESSION 79-795-56-00-5607 565.02 15 SUPPLIES ** COMMENT ** 16 IAPD 2017 MEMBERSHIP DUES 79-795-54-00-5460 663.56 17 COMCAST 04/29-05/28 INTERNET 01-110-54-00-5440 5.33 18 COMCAST 04/29-05/28 INTERNET 01-220-54-00-5440 4.00 19 COMCAST 04/29-05/28 INTERNET 01-120-54-00-5440 5.33 20 COMCAST 04/29-05/28 INTERNET 79-790-54-00-5440 7.32 21 COMCAST 04/29-05/28 INTERNET 01-210-54-00-5440 34.62Page 4 of 41 DATE: 06/19/17 UNITED CITY OF YORKVILLE TIME: 12:10:15 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900046 FNBO FIRST NATIONAL BANK OMAHA 06/25/17 062517-B.REISINGER 05/31/17 22 COMCAST 04/29-05/28 INTERNET 79-795-54-00-5440 7.32 23 COMCAST 04/29-05/28 INTERNET 52-520-54-00-5440 4.00 24 COMCAST 04/29-05/28 INTERNET 01-410-54-00-5440 5.33 25 COMCAST 04/29-05/28 INTERNET 51-510-54-00-5440 6.65 26 COMCAST 04/29-05/28 PHONE 79-790-54-00-5440 77.72 27 AND CABLE ** COMMENT ** 28 AMAZON PRIME MEMBERSHIP 79-795-54-00-5460 99.00 INVOICE TOTAL: 4,355.50 * 062517-D.DEBORD 05/31/17 01 MENARDS-PLANTS, SOIL 82-820-56-00-5620 36.73 02 HOME DEPO-PLANTS 82-820-56-00-5620 30.04 INVOICE TOTAL: 66.77 * 062517-E.DHUSE 05/31/17 01 NAPA#167286-LAMPS 51-510-56-00-5628 7.49 02 NAPA#167316-LAMP 51-510-56-00-5628 10.88 03 NAPA#167322-BRAKE AWAY KITS 51-510-56-00-5628 42.93 04 NAPA#169156-TAIL LAMP, BULB 01-410-56-00-5628 5.39 INVOICE TOTAL: 66.69 * 062517-E.WILLRETT 05/31/17 01 ICMA MEBERSHIP DUES 01-110-54-00-5460 760.00 INVOICE TOTAL: 760.00 * 062517-J.ENGBERG 05/31/17 01 IPA CONFERENCE LODGING 01-220-54-00-5415 1,349.72 02 TIDE-UNIFORM CLEANING 01-220-56-00-5620 20.59 INVOICE TOTAL: 1,370.31 * 062517-J.SLEEZER 05/31/17 01 I BUY STORES-WALK BEHIND SAW 01-410-56-00-5640 238.36 02 PARTS ** COMMENT ** INVOICE TOTAL: 238.36 * 062517-K.BARKSDALE 05/31/17 01 IPA CONFERENCE TRANSPORTATION 01-220-54-00-5415 37.74 02 IPA CONFERENCE MEALS 01-220-54-00-5415 38.84 03 IPA CONFERENCE MEALS 01-220-54-00-5415 32.31 04 IPA CONFERENCE LODGING 01-220-54-00-5415 1,349.72 05 KONE-MAY 2017 ELEVATOR 23-216-54-00-5446 150.15 06 MAINTENANCE ** COMMENT ** 07 ADOBE MONTHLY CREATIVE CLOUD 01-220-56-00-5635 49.99 INVOICE TOTAL: 1,658.75 * 062517-L.HILT 05/31/17 01 DAVE AUTO#25254-MOUNT & 01-210-54-00-5495 230.00 02 BALANCE TIRES, REPLACE SENSOR ** COMMENT ** 03 DAVE AUTO#25266-OIL CHANGE 01-210-54-00-5495 80.00 04 DAVE AUTO#25270-REPAIR TIRE 01-210-54-00-5495 20.00 05 DAVE AUTO#25271-OIL CHANGE 01-210-54-00-5495 77.00 06 DAVE AUTO#25273-OIL CHANGE 01-210-54-00-5495 90.00Page 5 of 41 DATE: 06/19/17 UNITED CITY OF YORKVILLE TIME: 12:10:15 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900046 FNBO FIRST NATIONAL BANK OMAHA 06/25/17 062517-L.HILT 05/31/17 07 DAVE AUTO#25286-TOP OFF AC 01-210-54-00-5495 55.00 08 WATCH GUARD-OUTFIT NEW VEHICLE 25-205-60-00-6060 15,344.94 09 DAVE AUTO#25292-OIL CHANGE 01-210-54-00-5495 77.00 10 DAVE AUTO#25300-REPLACE VALVE 01-210-54-00-5495 40.00 11 STEM ** COMMENT ** 12 DAVE AUTO#25312-BRAKE REPAIR 01-210-54-00-5495 290.00 INVOICE TOTAL: 16,303.94 * 062517-M.EBERHARDT 05/31/17 01 SCHOLASTIC-BOOKS 84-840-56-00-5686 323.06 02 DOLLAR TREE-STORYTIME SUPPLIES 82-820-56-00-5671 12.00 03 WALMART-STORYTIME SUPPLIES 82-820-56-00-5671 142.95 04 CC PROCESSING FEE 01-120-54-00-5462 39.00 INVOICE TOTAL: 517.01 * 062517-M.PFISTER 05/31/17 01 AMAZON-TAPE, MARKERS, POST-IT 82-820-56-00-5610 138.05 02 NOTES, SHARPIES ** COMMENT ** 03 AMAZON-PRINTER, PRINTER 82-000-24-00-2480 436.17 04 FILAMENTS ** COMMENT ** 05 AMAZON PRIME MEMBERSHIP 82-820-56-00-5610 10.99 06 POSTAGE 82-820-54-00-5452 294.00 07 DELL-8 COMPUTER MONITORS 84-840-56-00-5635 861.82 INVOICE TOTAL: 1,741.03 * 062517-N.DECKER 05/31/17 01 IFPCA SPRING SEMINAR LODGING 01-210-54-00-5415 127.68 02 AMAZON-MOUSE 01-210-56-00-5610 55.39 03 IFPCA SPRING SEMINAR 01-210-54-00-5411 375.00 04 COMCAST-5/8-6/7 CABLE 01-210-54-00-5440 4.23 05 AT&T-4/25-5/24 SERVICE 01-210-54-00-5440 123.95 06 MINER ELECT#13755-PROTABLE UHF 01-210-56-00-5620 9,670.00 07 UNITS ** COMMENT ** 08 AMAZON-TACTICAL PANTS 01-210-56-00-5600 49.99 09 QUILL-PAPER 01-210-56-00-5610 119.95 INVOICE TOTAL: 10,526.19 * 062517-P.RATOS 05/31/17 01 AMAZON-STAPLES 01-220-56-00-5620 12.43 02 AMAZON-STAPLE GUN 01-220-56-00-5620 82.72 03 VISTAPRINT-EDDIE BAUER JACKET 01-220-56-00-5620 71.43 04 VISTAPRINT-CREDIT FOR TAX 01-220-56-00-5620 -4.20 05 AMAZON-MENS TACTICAL PANTS 01-220-56-00-5620 284.94 06 FIRST PLACE RENTAL-STAKES 01-220-56-00-5620 42.50 INVOICE TOTAL: 489.82 * 062517-R.FREDRICKSON 06/13/17 01 IGFOA CHARACTER BASED 01-120-54-00-5412 15.00 02 MANAGEMENT SEMINAR - ** COMMENT ** 03 FREDRICKSON ** COMMENT **Page 6 of 41 DATE: 06/19/17 UNITED CITY OF YORKVILLE TIME: 12:10:15 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900046 FNBO FIRST NATIONAL BANK OMAHA 06/25/17 062517-R.FREDRICKSON 06/13/17 04 IGFOA UTILITY BILLING SEMINAR 01-120-54-00-5412 95.00 05 WEBCAST - DYON ** COMMENT ** 06 ANNUAL CPA SOCIETY MEMBERSHIP 01-120-54-00-5460 220.00 07 NEWTEK-5/11-6/11 WEB UPKEEP 01-640-54-00-5450 15.95 08 COMCAST-4/24-5/23 INTERNET 01-110-54-00-5440 47.29 09 COMCAST-4/24-5/23 INTERNET 01-220-54-00-5440 35.47 10 COMCAST-4/24-5/23 INTERNET 01-120-54-00-5440 47.29 11 COMCAST-4/24-5/23 INTERNET 79-790-54-00-5440 65.03 12 COMCAST-4/24-5/23 INTERNET 01-210-54-00-5440 307.41 13 COMCAST-4/24-5/23 INTERNET 79-795-54-00-5440 65.03 14 COMCAST-4/24-5/23 INTERNET 52-520-54-00-5440 35.47 15 COMCAST-4/24-5/23 INTERNET 01-410-54-00-5440 47.29 16 COMCAST-4/24-5/23 INTERNET 51-510-54-00-5440 163.97 INVOICE TOTAL: 1,160.20 * 062517-R.HARMON 05/31/17 01 AMAZON-CLAY POTS 79-795-56-00-5606 18.28 02 ACE-UTILITY SHED 79-795-56-00-5606 214.49 03 ACE-UTILITY SHED TAX CREDIT 79-795-56-00-5606 -14.50 04 CUSTOM LINK-SAFETY TOWN SHIRTS 79-795-56-00-5606 477.04 05 AMAZON-SURFBOARD ACCENTS 79-795-56-00-5606 7.00 06 AMAZON-DINOSAUR GAME 79-795-56-00-5606 13.12 07 JEWEL-PRESCHOOL GRADUATION 79-795-56-00-5606 114.23 08 REFRESHMENTS ** COMMENT ** 09 DOLLAR TREE-FRIDAY FUN 79-795-56-00-5606 11.00 10 SUPPLIES ** COMMENT ** 11 AMAZON-COOKIE PANS 79-795-56-00-5606 41.46 INVOICE TOTAL: 882.12 * 062517-R.HORNER 05/31/17 01 DICKS SPORTING-BASKETBALL NETS 79-790-56-00-5640 30.96 02 MOST DEPENDABLE FOUNTAINS- 79-790-56-00-5640 232.00 03 PARTS FOR DRINKING FOUNTAIN ** COMMENT ** 04 REPAIR ** COMMENT ** INVOICE TOTAL: 262.96 * 062517-R.MIKOLESEK 05/31/17 01 TACTICAL GEAR-3-IN1 PARKA 01-210-56-00-5600 257.94 02 DICKS SPORTING-CO2 MACHINES 01-210-56-00-5620 19.99 03 FOR TRAINING ** COMMENT ** 04 NW CONFERENCE LODGING - 01-210-54-00-5415 976.04 05 RASMUSSON ** COMMENT ** 06 NW CONFERENCE LODGING - 01-210-54-00-5415 1,116.12 07 MIKOLASEK ** COMMENT ** 08 GASOLINE 01-210-56-00-5695 27.67 09 SIRCHIE-EVIDENCE BAGS & TAPE 01-210-56-00-5620 136.87 10 PENSION BOARD CONFERENCE 01-000-15-00-1586 608.22 11 LODGING ** COMMENT ** INVOICE TOTAL: 3,142.85 *Page 7 of 41 DATE: 06/19/17 UNITED CITY OF YORKVILLE TIME: 12:10:15 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900046 FNBO FIRST NATIONAL BANK OMAHA 06/25/17 062517-R.WRIGHT 05/31/17 01 AURORA UNIVERSITY-GOLDSMITH 01-210-54-00-5410 2,010.00 02 SUMMER TUITION ** COMMENT ** INVOICE TOTAL: 2,010.00 * 062517-S.AUGUSTINE 05/31/17 01 TARGET-TARGUS CASES 82-000-24-00-2480 99.98 INVOICE TOTAL: 99.98 * 062517-S.IWANSKI 05/31/17 01 WAREHOUSE DIRECT-PAPER 82-820-56-00-5610 153.07 INVOICE TOTAL: 153.07 * 062517-S.REDMON 05/31/17 01 POSTAGE 79-795-54-00-5452 11.90 02 JEWEL-BUNS 79-795-56-00-5607 7.74 03 WALMART-BUNS, CUPS, COCOA 79-795-56-00-5607 59.54 04 IL FOOD HANDLERS CARD TRAINING 79-795-56-00-5607 20.00 05 WALMART-SAFETY PINS 79-795-56-00-5606 8.31 06 WALMART-BUNS, CREAMER 79-795-56-00-5607 17.59 07 WALMART-BUNS 79-795-56-00-5607 19.32 08 JEWEL-BUNS 79-795-56-00-5607 12.00 09 WALMART - BUNS 79-795-56-00-5607 16.06 10 DUNKIN-COFFEE WITH THE MAYOR 79-795-56-00-5606 51.97 11 JEWEL-BUNS 79-795-56-00-5607 13.64 INVOICE TOTAL: 238.07 * 062517-S.REMUS 05/31/17 01 TARGET-CANVAS RETURN CREDIT 79-795-56-00-5606 -24.99 02 HOLE-IN-ONE-GOLF OUTING 79-795-56-00-5606 220.00 INVOICE TOTAL: 195.01 * 062517-S.SLEEZER 05/31/17 01 RURAL KING-ROUND UP 79-790-56-00-5640 369.91 02 WEED CUTTING ATTACHEMENT 79-790-56-00-5640 3,949.00 03 FOR SKID STEER ** COMMENT ** 04 GRND EFFECTS#361107-PLAYMAT 79-790-56-00-5640 1,436.00 05 GRND EFFECTS#362412-PLAYMAT 79-790-56-00-5640 1,436.00 06 GRND EFFECTS#362032-MULCH 79-790-56-00-5640 141.25 07 GRND EFFECTS#362454-PALLET 79-790-56-00-5640 -120.00 08 RETURN CREDIT ** COMMENT ** INVOICE TOTAL: 7,212.16 * 062517-T.HOULE 05/31/17 01 RAIN BIRD-SOLENOID REPAIR KIT 79-790-56-00-5640 129.72 02 FOAM BASEBALL PLUGS 79-790-56-00-5620 259.36 03 RURAL KING-STRAW MULCH 79-790-56-00-5620 49.95 04 FARM&FL;EET-BOOTS 79-790-56-00-5600 179.99 INVOICE TOTAL: 619.02 * 062517-T.KLINGEL 05/31/17 01 ICOG ANNUAL SUBSCRIPTION 01-210-56-00-5620 125.00 INVOICE TOTAL: 125.00 *Page 8 of 41 DATE: 06/19/17 UNITED CITY OF YORKVILLE TIME: 12:10:15 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900046 FNBO FIRST NATIONAL BANK OMAHA 06/25/17 062517-T.KONEN 05/31/17 01 3 GAS RADON DECTORS 51-510-56-00-5638 389.85 02 AMAZON-RETURNED BATTERY CREDIT 51-510-56-00-5640 -43.68 03 HOME DEPO-RATCHET 51-510-56-00-5630 29.97 04 POSTAGE 51-510-54-00-5452 3.75 05 AMAZON-BATTERY 51-510-56-00-5664 45.47 06 AMAZON-BATTERY 51-510-56-00-5664 43.68 INVOICE TOTAL: 469.04 * 062517-T.NELSON 05/31/17 01 UPS-1 PKG SHIPPED 79-795-54-00-5452 40.36 INVOICE TOTAL: 40.36 * 062517-j.bauer 05/31/17 01 HOME DEPO-BOLTS, WASHERS, NUTS 51-510-56-00-5665 31.23 INVOICE TOTAL: 31.23 * CHECK TOTAL: 57,622.86 TOTAL AMOUNT PAID: 57,622.86Page 9 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 08:29:33 CHECK REGISTERPRG ID: AP215000.WOW CHECK DATE: 06/27/17CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525037 FIRST FIRST PLACE RENTAL 282281-1 04/28/17 01 GENERATORS 51-510-56-00-5630 1,823.90 02 GENERATORS 52-520-56-00-5630 911.95 03 GENERATORS 01-410-56-00-5630 911.95 INVOICE TOTAL: 3,647.80 * CHECK TOTAL: 3,647.80 525038 KENDCPA KENDALL COUNTY CHIEFS OF 319 04/30/17 01 APR 2017 MEETING FEE FOR 8 01-210-54-00-5412 128.00 INVOICE TOTAL: 128.00 * CHECK TOTAL: 128.00 525039 OSWEGO VILLAGE OF OSWEGO 20170123A 06/08/17 01 SALARY REIMBURSEMENT FOR 01-640-54-00-5418 1,827.55 02 SHARED SERVICES 04/17 - 5/1 - ** COMMENT ** 03 ANNIE CALLAHAN ** COMMENT ** INVOICE TOTAL: 1,827.55 * CHECK TOTAL: 1,827.55 525040 VITOSH CHRISTINE M. VITOSH CMV 1849-1852 06/01/17 01 APR 2017 ADMIN HEARINGS 01-210-54-00-5467 400.00 INVOICE TOTAL: 400.00 * CHECK TOTAL: 400.00 525041 WERDERW WALLY WERDERICH 061316-APR 06/13/16 01 APR 2017 ADMIN HEARINGS 01-210-54-00-5467 450.00 INVOICE TOTAL: 450.00 * CHECK TOTAL: 450.00 TOTAL AMOUNT PAID: 6,453.35Page 10 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525042 215HILLC 215 HILLCREST LLC JUL 2017 06/12/17 01 JULY 2017 SPECIAL CENSUS 01-640-54-00-5478 600.00 02 RENTAL SPACE ** COMMENT ** INVOICE TOTAL: 600.00 * CHECK TOTAL: 600.00 525043 ACTION ACTION GRAPHIX LTD 2568 05/26/17 01 CITY GOLF OUTING SIGN 79-795-56-00-5606 25.00 INVOICE TOTAL: 25.00 * 2572 05/31/17 01 GOLF OUTING SIGNS 79-795-56-00-5606 245.00 INVOICE TOTAL: 245.00 * 2578 06/02/17 01 SPECIAL EVENT BANNERS 79-795-56-00-5606 180.00 INVOICE TOTAL: 180.00 * CHECK TOTAL: 450.00 525044 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC 0701936-IN 05/24/17 01 STREET LIGHT BULBS 15-155-56-00-5642 14.94 INVOICE TOTAL: 14.94 * CHECK TOTAL: 14.94 525045 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC 0703065-IN 05/31/17 01 EXIT LIGHT BATTERY 23-216-56-00-5656 47.70 INVOICE TOTAL: 47.70 * CHECK TOTAL: 47.70 525046 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INCPage 11 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525046 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC 0704440-IN 06/07/17 01 PHOTOCELL, RUBBER INSULATING 15-155-56-00-5642 65.02 02 BOOT ** COMMENT ** INVOICE TOTAL: 65.02 * CHECK TOTAL: 65.02 525047 ARNESON ARNESON OIL COMPANY 190732 05/26/17 01 DIESEL FUEL 01-410-56-00-5695 235.96 02 DIESEL FUEL 51-510-56-00-5695 235.96 03 DIESEL FUEL 52-520-56-00-5695 235.95 INVOICE TOTAL: 707.87 * CHECK TOTAL: 707.87 525048 ATLAS ATLAS BOBCAT 674457 05/30/17 01 REPLACE CAB BLOWER AND ADD 01-410-54-00-5490 1,138.73 02 FREON TO SYSTEM ** COMMENT ** INVOICE TOTAL: 1,138.73 * CHECK TOTAL: 1,138.73 525049 ATT AT&T 6305536805-0517 05/25/17 01 05/25-06/24 SERVICE 51-510-54-00-5480 209.35 INVOICE TOTAL: 209.35 * CHECK TOTAL: 209.35 525050 BCBS BLUE CROSS BLUE SHIELD 060717 06/07/17 01 JULY 2017 HEALTH INS 01-110-52-00-5216 6,061.56 02 JULY 2017 HEALTH INS 01-120-52-00-5216 4,056.62Page 12 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525050 BCBS BLUE CROSS BLUE SHIELD 060717 06/07/17 03 JULY 2017 HEALTH INS 01-210-52-00-5216 53,009.43 04 JULY 2017 HEALTH INS 01-220-52-00-5216 5,325.68 05 JULY 2017 HEALTH INS 01-410-52-00-5216 10,261.20 06 JULY 2017 HEALTH INS 01-640-52-00-5240 7,247.15 07 JULY 2017 HEALTH INS 79-790-52-00-5216 12,082.44 08 JULY 2017 HEALTH INS 79-795-52-00-5216 7,804.02 09 JULY 2017 HEALTH INS 51-510-52-00-5216 11,129.29 10 JULY 2017 HEALTH INS 52-520-52-00-5216 4,032.08 11 JULY 2017 HEALTH INS 82-820-52-00-5216 3,320.74 INVOICE TOTAL: 124,330.21 * CHECK TOTAL: 124,330.21 525051 BENJAMIM MATT BENJAMIN 053017 05/30/17 01 REFEREE 79-795-54-00-5462 54.00 INVOICE TOTAL: 54.00 * 060117 06/01/17 01 REFEREE 79-795-54-00-5462 81.00 INVOICE TOTAL: 81.00 * 060617 06/06/17 01 REFEREE 79-795-54-00-5462 54.00 INVOICE TOTAL: 54.00 * CHECK TOTAL: 189.00 525052 BENNETTG BENNETT, GARY L. 060817 06/08/17 01 JUN-DEC 2017 BRUSH DISPOSAL 01-540-54-00-5443 600.00 INVOICE TOTAL: 600.00 * CHECK TOTAL: 600.00 525053 BEYERD DWAYNE F BEYERPage 13 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525053 BEYERD DWAYNE F BEYER 052517 05/25/17 01 REFEREE 79-795-54-00-5462 81.00 INVOICE TOTAL: 81.00 * 053017 05/30/17 01 REFEREE 79-795-54-00-5462 54.00 INVOICE TOTAL: 54.00 * 060617 06/06/17 01 REFEREE 79-795-54-00-5462 54.00 INVOICE TOTAL: 54.00 * CHECK TOTAL: 189.00 525054 BSNSPORT BSN/PASSON'S/GSC/CONLIN SPORTS 900045538 05/22/17 01 SUMMER BASKETBALL COACHES 79-795-56-00-5606 321.91 02 SHIRTS ** COMMENT ** INVOICE TOTAL: 321.91 * CHECK TOTAL: 321.91 525055 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-0617 06/15/17 01 MAY 2017 ADMIN LINES 01-110-54-00-5440 378.72 02 MAY 2017 CITY HALL NORTEL 01-110-54-00-5440 145.50 03 MAY 2017 CITY HALL NORTEL 01-210-54-00-5440 145.50 04 MAY 2017 CITY HALL NORTEL 51-510-54-00-5440 145.50 05 MAY 2017 POLICE LINES 01-210-54-00-5440 904.29 06 MAY 2017 CITY HALL FIRE 01-210-54-00-5440 165.08 07 MAY 2017 CITY HALL FIRE 01-110-54-00-5440 165.08 08 MAY 2017 PUBLIC WORKS LINES 51-510-54-00-5440 1,738.57 09 MAY 2017 TRAFFIC SIGNAL 01-410-54-00-5435 48.68 10 MAINTENANCE ** COMMENT ** 11 MAY 2017 PARKS LINES 79-790-54-00-5440 53.21 12 MAY 2017 RECREATION LINES 79-795-54-00-5440 184.08 INVOICE TOTAL: 4,074.21 * CHECK TOTAL: 4,074.21Page 14 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525056 CAMBRIA CAMBRIA SALES COMPANY INC. 38787 05/17/17 01 GARBAGE BAGS 01-110-56-00-5610 74.82 INVOICE TOTAL: 74.82 * 38821 06/12/17 01 PAPER TOWEL, TOILET TISSUE, 01-110-56-00-5610 170.87 02 GARBAGE BAGS, AIR FRESHNER ** COMMENT ** INVOICE TOTAL: 170.87 * CHECK TOTAL: 245.69 525057 CAPERS CAPERS LLC INV-0327 06/01/17 01 ANNUAL MAINTENANCE RENEWAL 01-210-56-00-5635 5,000.00 INVOICE TOTAL: 5,000.00 * CHECK TOTAL: 5,000.00 525058 CENTRALL CENTRAL LIMESTONE COMPANY, INC 9771 05/30/17 01 GRAVEL 51-510-56-00-5640 274.56 02 GRAVEL 01-410-56-00-5640 274.55 INVOICE TOTAL: 549.11 * CHECK TOTAL: 549.11 525059 CHITRIB CHICAGO TRIBUNE 003288376 06/16/17 01 WEED NUISANCE NOTICE 01-220-54-00-5426 329.50 02 NOTICE FOR PROPOSALS FOR WORK 01-110-54-00-5426 347.05 03 RELATED TO 206 HEUSTIS ST ** COMMENT ** 04 BID ADVERTISEMENT FOR BRISTOL 72-720-60-00-6043 173.52 05 BAY PARK IMPROVEMENTS ** COMMENT ** 06 CEDARHURTS PUBLIC HEARING 90-101-00-00-0011 372.88 INVOICE TOTAL: 1,222.95 * 003294400 06/04/17 01 TELECOMMUNICATION TOWER 01-110-54-00-5426 134.96Page 15 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525059 CHITRIB CHICAGO TRIBUNE 003294400 06/04/17 02 PUBLIC HEARING ** COMMENT ** INVOICE TOTAL: 134.96 * CHECK TOTAL: 1,357.91 525060 COMED COMMONWEALTH EDISON 0185079109-0517 06/01/17 01 05/01-06/01 420 FAIRHAVEN 52-520-54-00-5480 165.00 INVOICE TOTAL: 165.00 * CHECK TOTAL: 165.00 525061 COMED COMMONWEALTH EDISON 0435113116-0517 06/06/17 01 05/02-06/05 BEECHER & RT25 15-155-54-00-5482 56.74 INVOICE TOTAL: 56.74 * CHECK TOTAL: 56.74 525062 COMED COMMONWEALTH EDISON 0663112230-0517 05/26/17 01 04/27-05/26 103 1/2 BEAVER ST 51-510-54-00-5480 42.01 INVOICE TOTAL: 42.01 * CHECK TOTAL: 42.01 525063 COMED COMMONWEALTH EDISON 0903040077-0517 05/30/17 01 04/28-05/30 MISC STREET LIGHTS 15-155-54-00-5482 2,664.15 INVOICE TOTAL: 2,664.15 * CHECK TOTAL: 2,664.15 525064 COMED COMMONWEALTH EDISONPage 16 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525064 COMED COMMONWEALTH EDISON 0908014004-0517 06/01/17 01 05/01-06/01 6780 RT 47 51-510-54-00-5480 73.04 INVOICE TOTAL: 73.04 * CHECK TOTAL: 73.04 525065 COMED COMMONWEALTH EDISON 0966038077-0517 05/30/17 01 04/27-05/30 KENNEDY RD 15-155-54-00-5482 129.36 02 04/27-05/30 KENNEDY RD 01-410-54-00-5482 6.66 INVOICE TOTAL: 136.02 * CHECK TOTAL: 136.02 525066 COMED COMMONWEALTH EDISON 1407125045-0517 06/05/17 01 05/03-06/05 FOXHILL 7 LIFT 52-520-54-00-5480 94.68 INVOICE TOTAL: 94.68 * 2019099044-0517 06/06/17 01 4/17-5/16 BRIDGE WELL 51-510-54-00-5480 43.23 INVOICE TOTAL: 43.23 * CHECK TOTAL: 137.91 525067 COMED COMMONWEALTH EDISON 2947052031-0517 06/01/17 01 04/28-06/01 RIVER & RT47 15-155-54-00-5482 341.23 INVOICE TOTAL: 341.23 * CHECK TOTAL: 341.23 525068 COMED COMMONWEALTH EDISON 2961017043-0517 05/26/17 01 04/27-05/26 PRESTWICK LIFT 52-520-54-00-5480 99.04 INVOICE TOTAL: 99.04 *Page 17 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525068 COMED COMMONWEALTH EDISON 3119142025-0517 05/26/17 01 04/27-05/26 VAN EMMON PKNG LOT 01-410-54-00-5482 15.30 INVOICE TOTAL: 15.30 * 4085080033-0517 05/26/17 01 04/27-05/26 1991 CANNONBALL TR 51-510-54-00-5480 172.98 INVOICE TOTAL: 172.98 * 4449087016-0517 06/06/17 01 04/28-05/30 MISC WELLS 52-520-54-00-5480 1,014.75 INVOICE TOTAL: 1,014.75 * 4475093053-0517 06/01/17 01 04/28-05/31 610 TOWER 51-510-54-00-5480 241.56 INVOICE TOTAL: 241.56 * 6819027011-0517 06/05/17 01 04/28-05/31 PR BUILDINGS 79-795-54-00-5480 361.45 INVOICE TOTAL: 361.45 * CHECK TOTAL: 1,905.08 525069 COMED COMMONWEALTH EDISON 6963019021-0517 05/23/17 01 04/17-05/16 ROSENWINKLE & RT47 15-155-54-00-5482 25.90 INVOICE TOTAL: 25.90 * CHECK TOTAL: 25.90 525070 COMED COMMONWEALTH EDISON 7110074020-0517 05/31/17 01 05/10-05/31 104 E VAN EMMON 01-110-54-00-5480 151.78 INVOICE TOTAL: 151.78 * CHECK TOTAL: 151.78 525071 CONSTELL CONSTELLATION NEW ENERGY 0039656135 05/24/17 01 04/18-05/18 3299 LEHMAN CROSS 51-510-54-00-5480 3,926.72 INVOICE TOTAL: 3,926.72 * CHECK TOTAL: 3,926.72Page 18 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525072 COXLAND COX LANDSCAPING LLC 807 06/01/17 01 LANDSCAPING 11-111-54-00-5495 245.00 INVOICE TOTAL: 245.00 * 826 06/12/17 01 MAY 2017 GROUNDS CARE 12-112-54-00-5495 360.00 INVOICE TOTAL: 360.00 * 827 06/12/17 01 MAY 2017 GROUNDS CARE 11-111-54-00-5495 377.88 INVOICE TOTAL: 377.88 * CHECK TOTAL: 982.88 525073 DEARNATI DEARBORN NATIONAL LIFE 060917 06/09/17 01 JULY 2017 LIFE INS 01-110-52-00-5222 80.32 02 JULY 2017 LIFE INS 01-110-52-00-5236 9.28 03 JULY 2017 LIFE INS 01-120-52-00-5222 27.84 04 JULY 2017 LIFE INS 01-210-52-00-5222 579.00 05 JULY 2017 LIFE INS 01-220-52-00-5222 48.30 06 JULY 2017 LIFE INS 01-410-52-00-5222 135.90 07 JULY 2017 LIFE INS 79-790-52-00-5222 78.17 08 JULY 2017 LIFE INS 79-795-52-00-5222 74.12 09 JULY 2017 LIFE INS 51-510-52-00-5222 79.29 10 JULY 2017 LIFE INS 52-520-52-00-5222 74.13 11 JULY 2017 LIFE INS 82-820-52-00-5222 22.08 INVOICE TOTAL: 1,208.43 * 060917-V 06/09/17 01 JULY 2017 VISION INS 01-110-52-00-5224 58.67 02 JULY 2017 VISION INS 01-120-52-00-5224 58.95 03 JULY 2017 VISION INS 01-210-52-00-5224 551.66 04 JULY 2017 VISION INS 01-220-52-00-5224 78.04 05 JULY 2017 VISION INS 01-410-52-00-5224 95.75 06 JULY 2017 VISION INS 01-640-52-00-5242 70.13 07 JULY 2017 VISION INS 79-790-52-00-5224 140.83 08 JULY 2017 VISION INS 79-795-52-00-5224 75.17Page 19 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525073 DEARNATI DEARBORN NATIONAL LIFE 060917-V 06/09/17 09 JULY 2017 VISION INS 51-510-52-00-5224 101.48 10 JULY 2017 VISION INS 52-520-52-00-5224 49.48 11 JULY 2017 VISION INS 82-820-52-00-5224 33.02 INVOICE TOTAL: 1,313.18 * CHECK TOTAL: 2,521.61 525074 DRHCAMBR DRH CAMBRIDGE HOMES 060817 06/08/17 01 SURETY DEPOSIT REFUNDS FOR 01-000-24-00-2415 10,000.00 02 2983 ELLSWORTH & 2987 GRANDE ** COMMENT ** 03 TRAIL ** COMMENT ** INVOICE TOTAL: 10,000.00 * 2483 ELLSWORTH 06/02/17 01 SURETY DEPSIT REFUND FOR 01-000-24-00-2415 5,000.00 02 2483 ELLSWORTH ** COMMENT ** INVOICE TOTAL: 5,000.00 * 3971 ELLSWORTH 06/05/17 01 SURETY DEPOSIT REFUND FOR 01-000-24-00-2415 5,000.00 02 2971 ELLSWORTH DR ** COMMENT ** INVOICE TOTAL: 5,000.00 * CHECK TOTAL: 20,000.00 525075 DYNEGY DYNEGY ENERGY SERVICES 102389417061 06/05/17 01 4/28-5/29 1 COUNTRYSIDE PKWY 15-155-54-00-5482 110.24 02 4/28-5/29 1 COUNTRYSIDE PKWY 01-410-54-00-5482 11.75 INVOICE TOTAL: 121.99 * CHECK TOTAL: 121.99 525076 DYONJ DYON, JUDY 060617 06/08/17 01 UB SEMINAR MILEAGE 51-510-54-00-5415 23.97Page 20 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525076 DYONJ DYON, JUDY 060617 06/08/17 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 23.97 * CHECK TOTAL: 23.97 525077 EEI ENGINEERING ENTERPRISES, INC. 61751 04/18/17 01 KBL COMMUNITY CENTER 90-104-00-00-0111 3,501.25 INVOICE TOTAL: 3,501.25 * CHECK TOTAL: 3,501.25 525078 EJEQUIP EJ EQUIPMENT P06414 06/02/17 01 6" SKID 52-520-56-00-5620 290.00 INVOICE TOTAL: 290.00 * CHECK TOTAL: 290.00 525079 ELEVATOR ELEVATOR INSPECTION SERVICE 68994 05/31/17 01 ELEVATOR REINSPECTION 23-216-54-00-5446 75.00 INVOICE TOTAL: 75.00 * CHECK TOTAL: 75.00 525080 FARREN FARREN HEATING & COOLING 10218 05/23/17 01 PD AC UNIT REPAIR 23-216-54-00-5446 1,810.48 INVOICE TOTAL: 1,810.48 * CHECK TOTAL: 1,810.48 525081 FIRST FIRST PLACE RENTALPage 21 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 &+(&.5(*,67(5ID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525081 FIRST FIRST PLACE RENTAL 282497-1 05/04/17 01 PARELLEL CABLES 51-510-56-00-5630 45.90 INVOICE TOTAL: 45.90 * CHECK TOTAL: 45.90 525082 FLEMINGR ROOSEVELT K. FLEMING 052517 05/25/17 01 REFEREE 79-795-54-00-5462 72.00 INVOICE TOTAL: 72.00 * CHECK TOTAL: 72.00 525083 FULTON FULTON TECHNOLOGIES 83417 06/08/17 01 ANNUAL WARNING SIREN 25-205-54-00-5495 7,695.42 02 PREVENATIVE MAINTENANCE ** COMMENT ** INVOICE TOTAL: 7,695.42 * CHECK TOTAL: 7,695.42 525084 FUNXPRES FUN EXPRESS 683986720-01 05/31/17 01 CAMP SUPPLIES 79-795-56-00-5606 202.51 INVOICE TOTAL: 202.51 * CHECK TOTAL: 202.51 525085 GLATFELT GLATFELTER UNDERWRITING SRVS. 213473112 05/11/17 01 ADDITION OF 2 SQUADS TO 01-640-52-00-5231 1,298.00 02 INSURANCE ** COMMENT ** INVOICE TOTAL: 1,298.00 * 2449113 06/13/17 01 POLICY PREMIUM FOR ADDED 2017 01-640-52-00-5231 200.00Page 22 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525085 GLATFELT GLATFELTER UNDERWRITING SRVS. 2449113 06/13/17 02 CARGO VAN ** COMMENT ** INVOICE TOTAL: 200.00 * 245843112 06/01/17 01 ADDITION OF SQUAD TO INSURANCE 01-640-52-00-5231 633.00 INVOICE TOTAL: 633.00 * CHECK TOTAL: 2,131.00 525086 HARRIS HARRIS COMPUTER SYSTEMS XT00006057 05/26/17 01 MAY 2017 MY GOVHUB FEES 01-120-54-00-5462 145.70 02 MAY 2017 MY GOVHUB FEES 51-510-54-00-5462 186.55 03 MAY 2017 MY GOVHUB FEES 52-520-54-00-5462 94.15 INVOICE TOTAL: 426.40 * CHECK TOTAL: 426.40 525087 HIRSTR ROBERT HIRST 060117 06/01/17 01 REFEREE 79-795-54-00-5462 72.00 INVOICE TOTAL: 72.00 * CHECK TOTAL: 72.00 525088 ILPSAN ILLINOIS PUBLIC SAFETY AGENCY 00041500 06/01/17 01 07/01-12/17 ALERTS BILLING 01-210-54-00-5484 3,330.00 INVOICE TOTAL: 3,330.00 * CHECK TOTAL: 3,330.00 525089 IMPERINV IMPERIAL INVESTMENTS APR 2017-REBATE 06/08/17 01 APR 2017 BUSINESS DISTRICT TAX 01-000-24-00-2488 7,919.19Page 23 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525089 IMPERINV IMPERIAL INVESTMENTS APR 2017-REBATE 06/08/17 02 REBATE ** COMMENT ** INVOICE TOTAL: 7,919.19 * CHECK TOTAL: 7,919.19 525090 INGEMUNS INGEMUNSON LAW OFFICES LTD 4309 06/01/17 01 05/01/17 ADMIN HEARING 01-210-54-00-5467 150.00 INVOICE TOTAL: 150.00 * CHECK TOTAL: 150.00 525091 INTERDEV INTERDEV, LLC MSP-1011683 05/31/17 01 MAY 2017 IT MONTHLY SERVICES 01-640-54-00-5450 2,691.00 INVOICE TOTAL: 2,691.00 * CHECK TOTAL: 2,691.00 525092 IRWA ILLINOIS RURAL WATER 21201 05/22/17 01 MEMBERSHIP RENEWAL 51-510-54-00-5460 451.00 INVOICE TOTAL: 451.00 * CHECK TOTAL: 451.00 525093 IWORQ IWORQ SYSTEMS INC 9051 06/01/17 01 COMMUNITY DEVELOPMENT PORTAL 01-220-54-00-5462 4,750.00 02 INTERNET SOFTWARE SUPPORT ** COMMENT ** INVOICE TOTAL: 4,750.00 * CHECK TOTAL: 4,750.00 525094 JUSTSAFE JUST SAFETY, LTDPage 24 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525094 JUSTSAFE JUST SAFETY, LTD 28527 05/25/17 01 FIRST AID SUPPLIES 52-520-56-00-5620 43.90 INVOICE TOTAL: 43.90 * CHECK TOTAL: 43.90 525095 KENDCPA KENDALL COUNTY CHIEFS OF 327 05/31/17 01 MONTHLY MEETING FEE FOR 4 01-210-54-00-5412 64.00 INVOICE TOTAL: 64.00 * CHECK TOTAL: 64.00 525096 KENDCROS KENDALL CROSSING, LLC AMU REBATE 05/17 06/14/17 01 NCG MAY 2017 AMUSEMENT TAX 01-640-54-00-5439 4,086.47 02 REBATE ** COMMENT ** INVOICE TOTAL: 4,086.47 * BD REBATE 04/17 06/09/17 01 APR 2017 BUSINESS DIST REBATE 01-000-24-00-2487 1,323.49 INVOICE TOTAL: 1,323.49 * CHECK TOTAL: 5,409.96 525097 KONICA KONICA MINOLTA 30392319 06/11/17 01 06/01-07/01 COPIER LEASE 01-110-54-00-5485 175.19 02 06/01-07/01 COPIER LEASE 01-120-54-00-5485 140.15 03 06/01-07/01 COPIER LEASE 01-220-54-00-5485 260.98 04 06/01-07/01 COPIER LEASE 01-210-54-00-5485 366.84 05 06/01-07/01 COPIER LEASE 01-410-54-00-5485 35.29 06 06/01-07/01 COPIER LEASE 51-510-54-00-5485 35.29 07 06/01-07/01 COPIER LEASE 52-520-54-00-5485 35.29 08 06/01-07/01 COPIER LEASE 79-790-54-00-5485 130.49 09 06/01-07/01 COPIER LEASE 79-795-54-00-5485 130.48 INVOICE TOTAL: 1,310.00 * CHECK TOTAL: 1,310.00Page 25 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525098 MEADOWBR MEADOWBROOK BUILDERS LLC 060917 06/09/17 01 SURETY DEPOSIT REFUNDS FOR 01-000-24-00-2415 15,000.00 02 892 CARLY, 936 CARLY & 926 ** COMMENT ** 03 CARLY CIRCLE ** COMMENT ** INVOICE TOTAL: 15,000.00 * CHECK TOTAL: 15,000.00 525099 MENLAND MENARDS - YORKVILLE 80336 05/22/17 01 SHACKLE 52-520-56-00-5620 17.12 INVOICE TOTAL: 17.12 * 80446 05/23/17 01 MOUNTING BRACKET 51-510-56-00-5664 3.11 INVOICE TOTAL: 3.11 * 80634 05/25/17 01 CONCRETE SUPPLIES 51-510-56-00-5620 16.44 INVOICE TOTAL: 16.44 * 80655 05/25/17 01 HYDRANT PAINT 51-510-56-00-5640 59.98 INVOICE TOTAL: 59.98 * 80758 05/26/17 01 CUTTING WHEEL, MASON LINE 51-510-56-00-5620 4.98 INVOICE TOTAL: 4.98 * CHECK TOTAL: 101.63 525100 MENLAND MENARDS - YORKVILLE 81141 05/30/17 01 SCOUR PADS, WIRE BRUSH, 79-795-56-00-5607 20.73 02 GOOGONE ** COMMENT ** INVOICE TOTAL: 20.73 * CHECK TOTAL: 20.73 525101 MENLAND MENARDS - YORKVILLEPage 26 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525101 MENLAND MENARDS - YORKVILLE 81336 06/01/17 01 PLYWOOD 52-520-56-00-5640 19.98 INVOICE TOTAL: 19.98 * 81451 06/02/17 01 CAR WASH 52-520-56-00-5620 19.98 INVOICE TOTAL: 19.98 * 81682 06/04/17 01 OIL 01-210-56-00-5620 24.95 INVOICE TOTAL: 24.95 * 81847 06/06/17 01 STAPLER 01-210-56-00-5620 14.98 INVOICE TOTAL: 14.98 * CHECK TOTAL: 79.89 525102 MESIROW MESIROW INSURANCE SERVICES INC 635769 06/07/17 01 7/14/17-7/14/18 LIQUOR 01-640-52-00-5231 1,050.00 02 LIABILITY ** COMMENT ** INVOICE TOTAL: 1,050.00 * CHECK TOTAL: 1,050.00 525103 MIDWSALT MIDWEST SALT P437011 05/05/17 01 BULK ROCK SALT 51-510-56-00-5638 2,392.00 INVOICE TOTAL: 2,392.00 * P437136 06/08/17 01 BULK ROCK SALT 51-510-56-00-5638 2,448.35 INVOICE TOTAL: 2,448.35 * CHECK TOTAL: 4,840.35 525104 MIDWSTEN MIDWEST ENVIONMENTAL 17-427 05/09/17 01 PHASE 1 ENVIONMENTAL AUDIT 88-880-60-00-6011 1,800.00Page 27 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525104 MIDWSTEN MIDWEST ENVIONMENTAL 17-427 05/09/17 02 CONDUCTED FOR THE FORMER ** COMMENT ** 03 PROPERTY LOCATED AT 102 E VAN ** COMMENT ** 04 EMMON ** COMMENT ** INVOICE TOTAL: 1,800.00 * CHECK TOTAL: 1,800.00 525105 NARVICK NARVICK BROS. LUMBER CO, INC 54690 05/25/17 01 4000 PSI 51-510-56-00-5640 829.00 INVOICE TOTAL: 829.00 * CHECK TOTAL: 829.00 525106 NEENAH NEENAH FOUNDRY CO. 221220 06/06/17 01 STORM GRATES 01-410-56-00-5640 280.00 INVOICE TOTAL: 280.00 * CHECK TOTAL: 280.00 525107 NICOR NICOR GAS 15-41-50-1000 6-0517 06/05/17 01 03/31-06/02 804 GAME FARM RD 01-110-54-00-5480 28.53 INVOICE TOTAL: 28.53 * 15-64-61-3532 5-0517 06/05/17 01 05/04-06/02 1991 CANNONBALL TR 01-110-54-00-5480 36.76 INVOICE TOTAL: 36.76 * 23-45-91-4862 5-0517 06/05/17 01 05/04-06/05 101 BRUELL ST 01-110-54-00-5480 90.03 INVOICE TOTAL: 90.03 * 40-52-64-8356 1-0517 06/06/17 01 05/10-06/05 102 E VAN EMMON 01-110-54-00-5480 80.16 INVOICE TOTAL: 80.16 *Page 28 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525107 NICOR NICOR GAS 46-69-47-6727 1-517 06/08/17 01 05/09-06/08 1975 BRIDGE STREET 01-110-54-00-5480 86.08 INVOICE TOTAL: 86.08 * 62-37-86-4779 6-0517 06/08/17 01 05/09-06/08 185 WOLF ST 01-110-54-00-5480 15.66 INVOICE TOTAL: 15.66 * 66-70-44-6742 9-0517 06/08/17 01 04/07-06/08 1908 RAINTREE 01-110-54-00-5480 88.96 INVOICE TOTAL: 88.96 * 80-56-05-1157 0-0517 06/08/17 01 04/07-06/07 2512 ROSEMONT 01-110-54-00-5480 57.72 INVOICE TOTAL: 57.72 * 83-80-00-1000 7-0517 06/06/17 01 05/04-06/02 610 TOWER UNIT B 01-110-54-00-5480 35.46 INVOICE TOTAL: 35.46 * 91-85-68-4012 8-0517 06/05/17 01 05/03-06/02 902 GAME FARM RD 01-110-54-00-5480 477.45 INVOICE TOTAL: 477.45 * CHECK TOTAL: 996.81 525108 O'REILLY O'REILLY AUTO PARTS 5613-114423 06/01/17 01 VAN PAINT 79-795-56-00-5640 8.99 INVOICE TOTAL: 8.99 * CHECK TOTAL: 8.99 525109 OLEARYC CYNTHIA O'LEARY SPRING SOCCER 2017 05/31/17 01 SPRING SOCCER ASSIGNING FEE 79-795-54-00-5462 80.00 02 FOR OFFICIALS ** COMMENT ** INVOICE TOTAL: 80.00 * CHECK TOTAL: 80.00Page 29 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525110 OMALLEY O'MALLEY WELDING & FABRICATING 17616 06/01/17 01 ATTACHMENT REPAIR WELDING AT 01-410-54-00-5462 69.30 02 SHOP ** COMMENT ** INVOICE TOTAL: 69.30 * CHECK TOTAL: 69.30D000528 ORRK KATHLEEN FIELD ORR & ASSOC. 15288 06/06/17 01 FOREST PRESERVE MATTERS 01-640-54-00-5456 161.25 02 MISC CITY LEGAL MATTERS 01-640-54-00-5456 8,772.00 03 COUNTRYSIDE TIF MATTERS 87-870-54-00-5462 483.75 04 DOWNTOWN TIF MATTERS 88-880-54-00-5466 2,623.00 05 MEETINGS 01-640-54-00-5456 430.00 06 PARKS LEGAL MATTERS 79-790-54-00-5466 258.00 07 RAINTREE MATTERS 01-640-54-00-5456 215.00 INVOICE TOTAL: 12,943.00 * DIRECT DEPOSIT TOTAL: 12,943.00 525111 OSWEGO VILLAGE OF OSWEGO 20170123B 06/08/17 01 SALARY REIMBURSEMENT FOR 01-640-54-00-5418 4,067.79 02 SHARED SERVICES 5/1 - 5/28 - ** COMMENT ** 03 ANNIE CALLAHAN ** COMMENT ** INVOICE TOTAL: 4,067.79 * CHECK TOTAL: 4,067.79 525112 POOLJ JARYL POOL 052517 05/25/17 01 REFEREE 79-795-54-00-5462 72.00 INVOICE TOTAL: 72.00 * CHECK TOTAL: 72.00Page 30 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525113 R0001869 ROBERT STONE 060117 06/01/17 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371 191.87 02 BILL FOR ACCT #0103550900-00 ** COMMENT ** INVOICE TOTAL: 191.87 * CHECK TOTAL: 191.87 525114 R0001873 CLASSIC FENCE 20170341-RFND 06/12/17 01 PERMIT CANCELLATION REFUND 01-000-42-00-4210 50.00 INVOICE TOTAL: 50.00 * CHECK TOTAL: 50.00 525115 R0001874 ERNEST RHODES 061317 06/13/17 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371 236.93 02 BILL FOR ACCT#0107409940-00 ** COMMENT ** INVOICE TOTAL: 236.93 * CHECK TOTAL: 236.93 525116 R0001875 DEBBIE REYNA 061417 06/14/17 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371 100.00 02 BILL FOR ACCT#0300504260-01 ** COMMENT ** INVOICE TOTAL: 100.00 * CHECK TOTAL: 100.00 525117 R0001876 AMANDA SCARLATI 061417 06/14/17 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371 345.94 02 BILL FOR ACCT#0300405380-01 ** COMMENT ** INVOICE TOTAL: 345.94 * CHECK TOTAL: 345.94Page 31 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525118 R0001877 JENNIFER BAUER 061417 06/14/17 01 REFUND OVERPAYMENT FOR FINAL 01-000-13-00-1371 229.71 02 BILL FOR ACCT#030070567-01 ** COMMENT ** INVOICE TOTAL: 229.71 * CHECK TOTAL: 229.71 525119 RATOSP PETE RATOS 060217 06/02/17 01 INSPECTION & FIELDWORK 01-220-54-00-5415 96.63 02 MILEAGE REIMBURSEMENT FOR ** COMMENT ** 03 05/29, 05/30, 05/31, 06/01 & ** COMMENT ** 04 06/02 ** COMMENT ** INVOICE TOTAL: 96.63 * CHECK TOTAL: 96.63 525120 RIETZR ROBERT L. RIETZ JR. 052517 05/25/17 01 REFEREE 79-795-54-00-5462 72.00 INVOICE TOTAL: 72.00 * 060117 06/01/17 01 REFEREE 79-795-54-00-5462 108.00 INVOICE TOTAL: 108.00 * CHECK TOTAL: 180.00 525121 ROGERD DALE ROGER 052517 05/25/17 01 REFEREE 79-795-54-00-5462 72.00 INVOICE TOTAL: 72.00 * 060117 06/01/17 01 REFEREE 79-795-54-00-5462 72.00 INVOICE TOTAL: 72.00 * CHECK TOTAL: 144.00Page 32 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525122 RONWEST RON WESTPHAL CHEVROLET 436721 05/31/17 01 REPLACED OIL PRESSURE SENSOR 01-210-54-00-5495 229.85 INVOICE TOTAL: 229.85 * CHECK TOTAL: 229.85 525123 SPEEDWAY SPEEDWAY 1001542438-0617 06/01/17 01 MAY 2017 GASOLINE 79-790-56-00-5695 1,771.91 02 MAY 2017 GASOLINE 79-795-56-00-5695 124.38 03 MAY 2017 GASOLINE 01-210-56-00-5695 3,760.30 04 MAY 2017 GASOLINE 51-510-56-00-5695 670.61 05 MAY 2017 GASOLINE 52-520-56-00-5695 670.60 06 MAY 2017 GASOLINE 01-410-56-00-5695 670.60 07 MAY 2017 GASOLINE 01-220-56-00-5695 169.80 INVOICE TOTAL: 7,838.20 * CHECK TOTAL: 7,838.20 525124 SUPERIOR SUPERIOR ASPHALT MATERIALS LLC 20170482 05/26/17 01 COLD PATCH 15-155-56-00-5633 1,638.18 INVOICE TOTAL: 1,638.18 * CHECK TOTAL: 1,638.18 525125 TKBASSOC TKB ASSOCIATES, INC. 12538 05/17/17 01 ANNUAL LASERFICHE FEES 01-640-54-00-5450 2,719.00 INVOICE TOTAL: 2,719.00 * CHECK TOTAL: 2,719.00 525126 TRCONTPR TRAFFIC CONTROL & PROTECTION 89762 05/18/17 01 SIGN BANDING 15-155-56-00-5619 380.00 INVOICE TOTAL: 380.00 * CHECK TOTAL: 380.00Page 33 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525127 UNDERGR UNDERGROUND PIPE & VALVE CO 022226 06/12/17 01 WATER METER CHECK VALVE 51-510-56-00-5664 1,925.00 INVOICE TOTAL: 1,925.00 * CHECK TOTAL: 1,925.00 525128 VITOSH CHRISTINE M. VITOSH CMV 1853-1858 06/01/17 01 MAY ADMIN HEARINGS 01-210-54-00-5467 500.00 INVOICE TOTAL: 500.00 * CHECK TOTAL: 500.00 525129 WAREHOUS WAREHOUSE DIRECT 3500785-0 06/01/17 01 POST-IT NOTES 01-220-56-00-5610 3.35 INVOICE TOTAL: 3.35 * CHECK TOTAL: 3.35 525130 WEINERTA ANDREA WEINERT 060117-COE 06/01/17 01 05/03, 05/18 & 06/01 COE CLASS 01-220-54-00-5415 43.35 02 MILEAGE REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 43.35 * CHECK TOTAL: 43.35 525131 WELDSTAR WELDSTAR 01593162 05/24/17 01 MONTHLY CYLINDER LEASE 01-410-54-00-5485 7.50 INVOICE TOTAL: 7.50 * CHECK TOTAL: 7.50 525132 WERDERW WALLY WERDERICHPage 34 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525132 WERDERW WALLY WERDERICH 061317 06/13/17 01 5/8, 5/22 & 5/31 ADMIN HEARING 01-210-54-00-5467 450.00 INVOICE TOTAL: 450.00 * CHECK TOTAL: 450.00 525133 WIREWIZ WIRE WIZARD OF ILLINOIS, INC 27061 06/01/17 01 JUL-SEPT ALARM MONITORING 52-520-54-00-5462 138.00 INVOICE TOTAL: 138.00 * CHECK TOTAL: 138.00 525134 YBSD YORKVILLE BRISTOL 0551-013512931 06/07/17 01 MAY 2017 WASTE DISPOSAL 51-510-54-00-5445 9,761.13 INVOICE TOTAL: 9,761.13 * 517SF 06/14/17 01 MAY 2017 SANITARY FEES 95-000-24-00-2450 234,997.93 INVOICE TOTAL: 234,997.93 * CHECK TOTAL: 244,759.06 525135 YORKACE YORKVILLE ACE & RADIO SHACK 163076 06/09/17 01 FUSE 52-520-56-00-5613 3.99 INVOICE TOTAL: 3.99 * CHECK TOTAL: 3.99 525136 YOUNGM MARLYS J. YOUNG 050817-B 05/30/17 01 05/08/17 LIBRARY BOARD MEETING 82-820-54-00-5462 54.00 02 MINUTES ** COMMENT ** INVOICE TOTAL: 54.00 *Page 35 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/20/17 UNITED CITY OF YORKVILLE TIME: 09:47:41 CHECK REGISTERID: AP211001.W0W INVOICES DUE ON/BEFORE 06/27/2017CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 525136 YOUNGM MARLYS J. YOUNG 051017 06/04/17 01 05/10/17 PLANNING & ZONING 01-110-54-00-5462 40.50 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 40.50 * 051617 06/12/17 01 05/16/17 PW MEETING MINUTES 01-110-54-00-5462 81.25 INVOICE TOTAL: 81.25 * CHECK TOTAL: 175.75 TOTAL DIRECT DEPOSITS PAID: 12,943.00 TOTAL AMOUNT PAID: 520,433.49Page 36 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/12/17 UNITED CITY OF YORKVILLE TIME: 15:33:33 CHECK REGISTERPRG ID: AP215000.WOW CHECK DATE: 06/12/17CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 523185 R0001870 DAVID & DENISE BARDOU 20160886-BUILD 06/08/17 01 343 TYLER CREEK BUILD PROGRAM 51-000-24-00-2445 6,000.00 02 343 TYLER CREEK BUILD PROGRAM 52-000-24-00-2445 4,000.00 INVOICE TOTAL: 10,000.00 * CHECK TOTAL: 10,000.00 TOTAL AMOUNT PAID: 10,000.00Page 37 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/15/17 UNITED CITY OF YORKVILLE TIME: 10:17:50 CHECK REGISTERPRG ID: AP215000.WOW CHECK DATE: 06/15/17CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 523188 IDOT ILLINOIS DEPARTMENT OF 12592 06/01/17 01 RT34 EXPANSION @ RT47 23-230-60-00-6059 38,950.56 INVOICE TOTAL: 38,950.56 * CHECK TOTAL: 38,950.56 TOTAL AMOUNT PAID: 38,950.56Page 38 of 41 01-110 ADMINISTRATION 12-112 SUNFLOWER SSA 42-420 DEBT SERVICE 83-830 LIBRARY DEBT SERVICE 01-120 FINANCE 15-155 MOTOR FUEL TAX (MFT) 51-510 WATER OPERATIONS 84-840 LIBRARY CAPITAL 01-210 POLICE 23-216 MUNICIPAL BUILDING 52-520 SEWER OPERATIONS 87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT 23-230 CITY-WIDE CAPITAL 72-720 LAND CASH 88-880 DOWNTOWN TIF 01-410 STREET OPERATIONS 25-205 POLICE CAPITAL 79-790 PARKS DEPARTMENT 90-XXX DEVELOPER ESCROW 01-640 ADMINSTRATIVE SERVICES 25-215 PUBLIC WORKS CAPITAL 79-795 RECREATION DEPT 95-XXX ESCROW DEPOSIT 11-111 FOX HILL SSA 25-225 PARKS & RECREATION CAPITAL 82-820 LIBRARY OPERATIONS DATE: 06/13/17 UNITED CITY OF YORKVILLE TIME: 10:06:13 CHECK REGISTERPRG ID: AP215000.WOW CHECK DATE: 06/23/17CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 523186 R0001871 JESSICA MENEZ 20170056-BUILD 06/07/17 01 2606 FAIRFAX BUILD PROGRAM 23-000-24-00-2445 3,151.60 02 2606 FAIRFAX BUILD PROGRAM 25-000-24-20-2445 300.00 03 2606 FAIRFAX BUILD PROGRAM 25-000-24-21-2445 900.00 04 2606 FAIRFAX BUILD PROGRAM 42-000-24-00-2445 50.00 05 2606 FAIRFAX BUILD PROGRAM 51-000-24-00-2445 2,470.00 INVOICE TOTAL: 6,871.60 * CHECK TOTAL: 6,871.60 Page 39 of 41 REGULAR OVERTIME TOTAL IMRF FICA TOTALSMAYOR & LIQ. COM.808.34$ -$ 808.34$ -$ 61.84$ 870.18$ CLERK583.34 - 583.34 8.98 6.36 598.68 TREASURER83.34 - 83.34 8.98 44.61 136.93 ALDERMAN4,100.00-4,100.00-302.354,402.35UNITED CITY OF YORKVILLEPAYROLL SUMMARYJune 16, 2017ALDERMAN4,100.00 - 4,100.00 - 302.35 4,402.35 ADMINISTRATION15,188.83 - 15,188.83 1,637.36 1,115.52 17,941.71 FINANCE9,270.01 - 9,270.01 999.31 683.41 10,952.73 POLICE105,199.88 10,217.78 115,417.66 580.83 8,555.35 124,553.84 COMMUNITY DEV.16,526.07 - 16,526.07 1,627.25 1,222.22 19,375.54 STREETS14,120.82 - 14,120.82 1,407.52 1,043.06 16,571.40 WATER14,606.40 250.27 14,856.67 1,560.59 1,079.64 17,496.90 SEWER8,171.35 - 8,171.35 880.87 607.68 9,659.90 PARKS20,376.86 175.70 20,552.56 1,897.78 1,514.69 23,965.03 RECREATION13,684.30 - 13,684.30 1,223.16 1,009.20 15,916.66 LIBRARY27,995.05 - 27,995.05 2,234.98 2,115.45 32,345.48 TOTALS250,714.59$ 10,643.75$ 261,358.34$ 14,067.61$ 19,361.38$ 294,787.33$ TOTAL PAYROLL294,787.33$ Page 40 of 41 ACCOUNTS PAYABLE DATE City MasterCard Bill Register - FY17 (Pages 1 - 3)06/25/2017 222,853.54 City MasterCard Bill Register - FY18 (Pages 4 - 9)06/25/2017 57,622.86 City Check Register - FY17 (Page 10)06/27/2017 6,453.35 City Check Register - FY18(Pages 11 - 36)06/27/2017 520,433.49 SUB-TOTAL: $807,363.24 OTHER PAYABLES UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, June 27, 2017 Maual Check #523185- Bardou BUILD Check (Page 37)06/12/2017 10,000.00 Maual Check #523188- IDOT (Page 38)06/15/2017 38,950.56 Maual Check #523186 - Menez BUILD Check (Page 39)06/23/2017 6,871.60 SUB-TOTAL: $55,822.16 WIRE PAYMENTS * BNY Mellon - 2003 Debt Certificates - Interest PMT 06/09/2017 8,650.00 * Amalgamated Bank of Chicago - 2015A Bond - Interest PMT 05/24/2017 109,500.00 * Amalgamated Bank of Chicago - 2014A Bond - Interest PMT 05/24/2017 69,293.75 * BNY Mellon - 2014 Bond - Interest PMT 05/24/2017 25,357.50 TOTAL PAYMENTS:$212,801.25 Bi - Weekly (Page 40)06/16/2017 294,787.33 SUB-TOTAL: $294,787.33 TOTAL DISBURSEMENTS:$1,370,773.98 * Payments Made Via Wire Transfer FY18 PAYROLL Page 41 of 41 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 Mayor’s Report #1 Tracking Number CC 2017-34 Bristol Bay Skate Park Bids City Council – June 27, 2017 Tim Evans Parks and Recreation Name Department Summary Review of the Bristol Bay Regional Park Skate Park Request for Proposals Bid Submittals. Background At its May 23, 2013 meeting, the Park Board recommended to City Council the submission of an OSLAD (Open Space Lands Acquisition and Development) grant application for Bristol Bay Regional Park, for which the City was approved by the State on April 5, 2014. As part of the grant, one of the amenities that will be installed is a skate park. At its March 2017 meeting, the Park Board approved the attached skate park design. Since staff is not able to install the skate park, request for proposals were accepted until 2:00 pm on Friday May 30, 2017. Bids consisted of earth excavation, drainage improvements, and the construction of a skate park at Bristol Bay Regional Park. Recommendation Additional analysis will be presented at the meeting. Staff seeks City Council approval of the staff recommendation to move forward with S&K Excavating to perform earth excavation, drainage improvements, and the construction of a skate park at Bristol Bay Regional Park. Memorandum To: Yorkville City Council From: Tim Evans, Director of Parks and Recreation CC: Bart Olson, City Administrator Date: June 19, 2017 Subject: Review of the Bristol Bay Regional Park Skate Park Request for Proposals Bid Submittals BRISTOL BAY SKATEPARK YORKVILLE, IL ADVERTISEMENT FOR BIDS United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Separate sealed BIDS for the construction of Bristol Bay 65 Park Improvements; which consists of earth excavation, drainage improvements, and the construction of a skate park will be received by United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560 until 2:00 p.m., local time, May 30, 2017, and then at said office publicly opened and read aloud. The CONTRACT DOCUMENTS may be examined at the following location: Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 A certified check or bank draft, payable to the order of The United City of Yorkville negotiable U.S. Government bond (at par value) or a satisfactory Bid Bond executed by the Bidder and an acceptable surety in an amount equal to ten percent (10%) of the total Bid shall be submitted with each Bid. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. The United City of Yorkville reserves the right to reject all Bids or to waive any informalities in the bidding. ADVERTISEMENT FOR BIDS Page 2 Bids may be held by The United City of Yorkville for a period not to exceed 60 days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the Contract. The United City of Yorkville is an equal opportunity employer. Copies of the CONTRACT DOCUMENTS may be obtained at the office of Engineering Enterprises, Inc., located at 52 Wheeler Road, Sugar Grove, Illinois 60554 Telephone 630/466-6700 upon payment of $10.00 for a digital copy or $50.00 for a hard copy, which is not refundable. May 15, 2017 By Order of the United City of Yorkville Beth Warren, City Clerk BID TABULATION BIDS RECD 5/30/2017 ITEM UNIT UNIT UNIT NO.DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT BASE BID 1 PERIMETER EROSION BARRIER FOOT 3000 3.25$ 9,750.00$ 2.00$ 6,000.00$ 2.50$ 7,500.00$ 2 INLET FILTERS EACH 8 175.00$ 1,400.00$ 200.00$ 1,600.00$ 150.00$ 1,200.00$ 3 TREE ROOT PRUNING EACH 20 100.00$ 2,000.00$ 20.00$ 400.00$ 150.00$ 3,000.00$ 4 EARTH EXCAVATION CU YD 600 11.00$ 6,600.00$ 12.00$ 7,200.00$ 15.00$ 9,000.00$ 5 TOPSOIL EXCAVATION AND STOCKPILE CU YD 5,365 9.50$ 50,967.50$ 7.00$ 37,555.00$ 10.00$ 53,650.00$ 6 TOPSOIL PLACEMENT, SKATE PARK CU YD 150 32.00$ 4,800.00$ 10.00$ 1,500.00$ 15.00$ 2,250.00$ 7 FOUNDATION MATERIAL CU YD 20 40.00$ 800.00$ 30.00$ 600.00$ 35.00$ 700.00$ 8 UNSUITABLE MATERIAL, REMOVAL AND REPLACEMENT CU YD 430 35.00$ 15,050.00$ 20.00$ 8,600.00$ 45.00$ 19,350.00$ 9 STORM SEWER, 12" RCP FOOT 171 33.00$ 5,643.00$ 75.00$ 12,825.00$ 50.00$ 8,550.00$ 10 PRECAST REINFORCED CONCRETE FES W/ GRATE, 12"EACH 8 1,100.00$ 8,800.00$ 950.00$ 7,600.00$ 1,000.00$ 8,000.00$ 11 STONE RIPRAP, RR3 SQ YD 36 60.00$ 2,160.00$ 75.00$ 2,700.00$ 55.00$ 1,980.00$ 12 SKATE PARK L SUM 1 188,000.00$ 188,000.00$ 218,420.00$ 218,420.00$ 240,000.00$ 240,000.00$ 13 ALLOWANCE - ITEMS ORDERED BY THE ENGINEER UNIT 10,000 1.00$ 10,000.00$ 1.00$ 10,000.00$ 1.00$ 10,000.00$ TOTAL BASE BID (Items 1 - 13)305,970.50 315,000.00 365,180.00 BID ALTERNATE A A RESTORATION SQ YD 5000 3.60$ 18,000.00$ 8.00$ 40,000.00$ 7.50$ 37,500.00$ BID ALTERNATE B B SLED HILL RESTORATION SQ YD 2,700 3.60$ 9,720.00$ 8.00$ 21,600.00$ 7.50$ 20,250.00$ BID TABULATION BRISTOL BAY 65 PARK IMPROVEMENTS UNITED CITY OF YORKVILLE PERFORMANCE CONST & ENG 7225 Caton Farm Rd 1551 West Norris Drive S&K EXCAVATING ENGINEERS ESTIMATE 52 Wheeler Road Sugar Grove, IL 60554Yorkville, IL 60560 Ottawa, IL 61350Yorkville, IL 60560 ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS Page 1 of 1 BID TABULATION ENGINEERS ESTIMATE GEORGE'S LANDSCAPING PERFORMANCE CONST & ENG D CONSTRUCTION BIDS RECEIVED 2:00 P.M. 05/30/17 52 Wheeler Road 1410 Nels Road 1551 West Norris Drive 1488 S. Broadway Sugar Grove, IL 60554 Joliet, IL 60433 Ottawa, IL 61350 Coal City, IL 60416 TOTAL BID $365,180.00 $315,000.00 BID BOND x x SIGNED BID x x BID TABULATION S&K EXCAVATING CONTINENTAL CONSTRUCTION H. LINDEN & SON SEWER & WATER BIDS RECEIVED 2:00 P.M. 05/30/17 7225 Caton Farm Rd 1919 Greenwood 722 E. South Street, Unit D Yorkville, IL 60560 Evanston, IL 60201 Plano, IL 60545 TOTAL BID $305,970.50 BID BOND x SIGNED BID x BID SUMMARY BRISTOL BAY 65 PARK IMPROVEMENTS UNITED CITY OF YORKVILLE ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/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 Mayor’s Report #2 Tracking Number CC 2017-35 Bristol Bay Updated Professional Services Agreement with EEI for Park Improvemnts City Council – June 27, 2017 Tim Evans Parks and Recreation Name Department Summary Review of Updated Professional Services Agreement for Bristol Bay 65 Park Improvements from Engineering Enterprises, Inc. Background At its May 23, 2013 meeting, the Park Board recommended to City Council the submission of an Open Space Lands Acquisition and Development (OSLAD) grant application for Bristol Bay 65 Park. The City Council, at its June 11, 2013, meeting, approved that recommendation. On Saturday, April 5, 2014, the City of Yorkville was awarded the grant and on May 27, 2014, the City Council approved the grant agreement. Then, at its September 18, 2014, meeting, the Park Board forwarded a recommendation to City Council that a Professional Services Agreement with Engineering Enterprises, Inc. be approved with which the Council concurred at their October, 2014, meeting. Due to the grant being suspended, the agreement needed to be updated. Attached is the updated Professional Services Agreement for Bristol Bay 65 Park Improvements from Engineering Enterprises, Inc. Staff seeks City Council approval of the updated Bristol Bay Regional Park Engineering Enterprises, Inc. Professional Services Agreement. Memorandum To: Yorkville City Council From: Tim Evans, Director of Parks and Recreation CC: Bart Olson, City Administrator Date: June 19, 2017 Subject: Review of Updated Professional Services Agreement for Bristol Bay 65 Park Improvements from Engineering Enterprises, Inc. Amended Agreement Bristol Bay Park 65 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 attached exhibits. Design and Construction engineering will be provided for the Bristol Bay Park 65 Improvements. Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Exhibit 3. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $39,500.00 (Note that the City has already paid $26,900) and Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $25,000.00. The hourly rates for this project are shown in the attached 2017 Standard Schedule of Charges (Exhibit 5). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. Bristol Bay 65 Park Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Bristol Bay 65 Park Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering 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 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 Bristol Bay 65 Park Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any Bristol Bay 65 Park Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of exhibits is as follows: Exhibit 1: Professional Engineering Services Exhibit 2: Limitation of Authority, Duties and Responsibilities of the Resident Construction Observer Exhibit 3: Estimate of Level of Effort and Associated Cost Exhibit 4: Anticipated Project Schedule Exhibit 5: 2017 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 J. Golinski Brad Sanderson, P.E. Mayor Vice President _________________________________ ________________________________ Lisa Pickering Angie Smith Deputy City Clerk Executive Assistant 1 EXHIBIT 1 SECTION A - PROFESSIONAL DESIGN ENGINEERING SERVICES For purposes of this Exhibit 1 and all attachments hereto, the term “contractor” shall not refer to Engineering Enterprises, Inc., but shall instead refer to individuals or companies contracted with, to construct or otherwise manage the project described herein. The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on final design for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. 3. The contract documents furnished by the ENGINEER under Section A-2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 5. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the 2 ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 6. The drawings prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 7. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids, and make recommendations for awarding contracts for construction. 8. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 9. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the project schedule. 3 SECTION B - PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES The ENGINEER shall furnish professional construction engineering services as follows: 1. The ENGINEER will review, for conformance with the design concept, shop and working drawings required by the construction Contract Documents and indicate on the drawings the action taken. Such action shall be taken with reasonable promptness. 2. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 5. The ENGINEER will provide general engineering review of the work of the contractor(s) as construction progresses to ascertain that the contactor is conforming to the design concept. (a) ENGINEER shall have authority, as the OWNER’s representative, to require special inspection of or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with requirements of, and the results certified indicate compliance with, the Contract Documents). (b) During such engineering review, ENGINEER shall have the authority, as the OWNER’s representative, to disapprove of or reject contractor(s)’ work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 4 6. The ENGINEER will provide resident construction observation. Resident construction observation shall consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents and with the design intent. Such observation shall not be relied upon by others as acceptance of the work. The ENGINEER’s undertaking hereunder shall not relieve the contractor of contractor’s obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor’s performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. Exhibit 2 - The Limitations of Authority, Duties and Responsibilities of the Resident Construction Observer is attached to this Agreement. 7. The ENGINEER will cooperate and work closely with representatives of the OWNER. 8. Based on the ENGINEER’s on-site observations as an experienced and qualified design professional, on information provided by the Resident Construction Observer, and upon review of applications for payment with the accompanying data and schedules by the contractor, the ENGINEER: (a) Shall determine the amounts owing to contractor(s) and recommend in writing payments to contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the ENGINEER’s knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation). (b) By recommending any payment, ENGINEER will not hereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of contractor(s)’ work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in the Agreement and the Contract Documents. ENGINEER’s review of contractor(s)’ 5 work for the purposes of recommending payments will not impose on Engineer responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials equipment has passed to OWNER free and clear of any lien, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and contractor that might affect the amount that should be paid. 9. The ENGINEER will prepare necessary contract change orders for approval of the OWNER, and others on a timely basis. 10. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the ENGINEER shall submit the statement of completion to and obtain the written acceptance of the facility from the OWNER. 11. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the resident construction observer and from the resident construction observer’s construction data. 12. If State Statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period of one year after the date of statement of substantial completion of the facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal 6 operation of the system. Such consultation and advice shall be at the hourly rates as described in the attached Exhibit 5: Standard Schedule of Charges dated January 1, 2017. The ENGINEER will assist the OWNER in performing a review of the project during the 11th month after the date of the certificate of substantial completion. 14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 15. The ENGINEER will provide construction engineering services in accordance with the periods summarized in Exhibit 4: “Anticipated Project Schedule – Bristol Bay 65 Park Improvements” dated June 6, 2017. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER. Pursuant to Paragraph D “Changes in Rates of Compensation”, the contract shall be designated on-going consistent with the project schedule. 7 SECTION C – COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional design engineering services in the amount of $39,500 – Fixed Fee (FF). (a) The compensation for the professional design engineering services shall be payable as follows: (1) A sum which does not exceed ninety percent (90%) of the total compensation payable under Section C-1 shall be paid in monthly increments for work actually completed and invoiced, for grant administration and for the preparation and submission to the OWNER of the construction drawings, specifications, cost estimates and contract documents. (2) A sum which, together with the compensation paid pursuant to Section C-1(a)(1) above, equals one hundred percent (100%) of the total compensation due and payable in accord with Section C-1 above, shall be due immediately after the award of construction contract(s) is approved by the corporate authorities. 2. The OWNER shall compensate the ENGINEER for the construction administration, construction observation (including the Resident Construction Observer), and any additional consultation services on the basis of Hourly Rates (HR) as described on the attached Exhibit 5: Standard Schedule of Charges dated January 1, 2017. The estimated values are included in Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Bristol Bay 65 Park Improvements” dated June 6, 2017 and are estimated at $25,000.00 Hourly (HR). (a) The compensation for the construction administration, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services shall be payable as follows: (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 8 3. The OWNER shall compensate the ENGINEER for direct expenses as identified in the contract and as noted on Exhibit 3 at the actual cost or hourly cost for the work completed. (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 4. The compensation for any additional engineering services authorized by the OWNER pursuant to Section D shall be payable as follows: (a) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 9 SECTION D – ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. 1. Site surveys outside of the project limits and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 10 11. Preparation of design documents for alternate bids where major changes require additional documents. 12. Preparation of detailed renderings, exhibits or scale models for the Project. 13. Providing special analysis of the OWNER’s needs such as owning and operating analysis, plan for operation and maintenance, OWNER’s special operating drawings or charts, and any other similar analysis. 14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and labor, and material audits or inventories by the OWNER. 15. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work of the contractor, and/or (3) the contractor’s default on the Construction Contract due to delinquency or insolvency. 16. Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part of the Project. 17. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section E – SPECIAL PROVISIONS – Owner’s Responsibilities. Payment for the services specified in this Section E shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in D shall be at Actual Cost (AC), Fixed Fee (FF) or Hourly (HR). 11 SECTION E - SPECIAL PROVISIONS 1. OWNER’S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER’s requirements for the Project. (b) Designate a person authorized to act as the OWNER’s representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER’s policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER’s services. (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the contractor. (e) Furnish above services at the OWNER’s expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. (f) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER’s services under this Agreement. (g) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER’s performance of services under this Agreement. 12 (h) Protect and preserve all survey stakes and markers placed at the project site prior to the assumption of this responsibility by the contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2. Delegation of Duties - Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 3. The ENGINEER has not been retained or compensated to provide design services relating to the contractor’s safety precautions or to means, methods, techniques, sequences, or procedures required by the contractor to perform his work but not relating to the final or completed structure. Omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 5. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Costs and Construction Costs provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase OWNER wishes greater assurance as to project or construction costs he shall employ an independent cost-estimator. 6. Access to Records: (a) The ENGINEER agrees to include subsections E-6(b) through E-6(e) below in all contracts and all subcontracts directly related to project services which are in excess of $25,000. 13 (b) The ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance of Agency loan work under this Agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987). The Agency or any of its duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. The ENGINEER will provide facilities for such access and inspection. (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. (d) The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection E-6(b) above, to the Agency. Where the audit concerns the ENGINEER, the auditing agency shall afford the ENGINEER an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties. (e) Records under subsection E-6(b) above shall be maintained and made available during performance on Agency loan work under this agreement and until three years from date of final Agency loan audit for the project. In addition, those records which relate to any “dispute” appeal under an Agency loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7. Covenant Against Contingent Fees - The ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or 14 consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. Covenant Against Contingent Fees - The loan recipient warrants that no person or agency has been employed or retained to solicit or secure a PWSLP loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Agency shall have the right to annul the loan or to deduct from the loan or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 9. Certification Regarding Debarment – The ENGINEER certifies that the services of anyone that has been debarred or suspended under Federal Executive Order 12549 has not, and will not, be used for work under this Agreement. 10. Affirmative Action – The ENGINEER agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the Clean Water Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA, the ENGINEER acknowledges that the fair share percentages are 5% for MBEs and 12% for WBEs. 11. The ENGINEER shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 15 EXHIBIT 2 THE LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT CONSTRUCTION OBSERVER ARE AS FOLLOWS: 1. The Resident Construction Observer shall act under the direct supervision of the ENGINEER, shall be the ENGINEER’s agent in all matters relating to on-site construction review of the contractor’s work, shall communicate only with the ENGINEER and the contractor (or contractor’s), and shall communicate with subcontractors only through the contractor or his authorized superintendent. The OWNER shall communicate with the Resident Construction Observer only through the ENGINEER. 2. The Resident Construction Observer shall review and inspect on-site construction activities of the contractor relating to portions of the Project designed and specified by the Engineer as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Construction Observer’s duties is any review of the contractor’s safety precautions, or the means, methods, sequences, or procedures required for the contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Construction Observer are enumerated as follows: (a) Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by contractor and consult with ENGINEER concerning their acceptability. (b) Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings and maintain and circulate copies of minutes thereof. 16 (c) Liaison: (1) Serve as ENGINEER’s liaison with contractor, working principally through contractor’s superintendent and assist him in understanding the intent of the Contract Documents. (2) Assist ENGINEER in serving as OWNER’s liaison with contractor when contractor’s operations affect OWNER’s on-site operations. (3) As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper erection of the work. (d) Shop Drawings and Samples: (2) Receive and record date of receipt of Shop Drawings and samples. (3) Receive samples which are furnished at the site by contrctor, and notify ENGINEER of their availability for examination. (3) Advise ENGINEER and contractor or its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. (e) Review of Work, Rejection of Defective Work, Inspections and Tests: (1) Conduct on-site inspection of the work in progress to assist ENGINEER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. (2) Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, test or approval required to be made or 17 has been damaged prior to final payment; and advise ENGINEER when he believes work should be corrected or rejected or should be uncovered for inspection, or requires special testing, inspection or approval. (3) Verify that tests, equipment and systems start-ups, and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that contractor maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. (4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. (f) Interpretation of Contract Documents: Transmit to contractor ENGINEER’s clarifications and interpretations of the Contract Documents. (g) Modifications: Consider and evaluate contractor’s suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. (h) Records: (1) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER’s clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (2) Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily 18 activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. (4) Record names, addresses and telephone numbers of all contractor’s, subcontractors and major suppliers of materials and equipment. (i) Reports: (1) Furnish ENGINEER periodic reports as required of progress of the work and contractor’s compliance with the approved progress schedule and schedule of Shop Drawing submissions. (2) Consult with ENGINEER in advance of schedule major tests, inspections or start of important phases of the work. (3) Report immediately to ENGINEER upon the occurrence of any accident. (j) Payment Requisitions: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. (k) Certificates, Maintenance and Operating Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work. (l) Completion: (1) Before ENGINEER issues a Statement of Substantial Completion, submit to contractor a list of observed items requiring completion or correction. 19 (2) Conduct final review in the company of ENGINEER, OWNER and contractor and prepare a final list of items to be completed or corrected. (3) Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. ENTITY:ADMIN. WORKPRINCIPAL SENIORSENIOR SENIOR SENIOR ITEM COSTWORKIN PROJECTPROJECT PROJECTPROJECT PROJECT PROJECT CAD PROJECT HOUR PERITEMCHARGE MANAGERENGINEER I ENGINEERMANAGER SURVEYOR II TECHNICIAN MANAGER TECHNICIAN I ADMIN. SUMM. ITEMNO. WORK ITEM HOURLY RATE: $191 $185 $145 $133 $168 $155 $121 $168 $133 $80CONSTRUCTION ENGINEERING3.1 Contract Administration2 12 - 8 - - - - - - 22 3,666$ 3.2 Construction Layout and Record Drawings- - - 2 1 16 4 - - - 23 3,398$ 3.3 Observation and Documentation3 9 - 72 - - - - - 2 86 11,974$ Construction Engineering Subtotal: 5 21 - 82 1 16 4 - - 2 131 19,038$ PROJECT TOTAL: 5 21 - 82 1 16 4 - - 2 131 19,038 Printing = 200$ 15,746$ Mileage = 500$ 3,132$ Material Testing (Rubino) = 5,000$ -$ 160$ DIRECT EXPENSES = 5,700$ 19,038$ 24,738$ \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2014\YO1432-P Bristol Bay 65 Park Improvements\PSA\Amendment\[Exhibit 3 - Level of Effort.xlsx]Fee SummaryTOTAL EXPENSES = ENGINEERING SURVEYING DRAFTINGEngineering Expenses = DIRECT EXPENSESLABOR SUMMARYPROJECT ROLE:Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = June 6, 2017ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FORPROFESSIONAL ENGINEERING SERVICES FOREXHIBIT 3BRISTOL BAY 65 PARK IMPROVEMENTSUnited City of Yorkville, IL WORKYear:ITEM Month:NO. WORK ITEM Week Starting: 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29CONSTRUCTION ENGINEERING3.1 Contract Administration3.2 Construction Record Drawings3.3 Observation and DocumentationProject Management & QC/QAMeeting(s)DesignBidding and ContractingConstructionLegendNovemberAugust20182017July September OctoberEXHIBIT 4ANTICIPATED PROJECT SCHEDULEBRISTOL BAY 65 PARK IMPROVEMENTSUNITED CITY OF YORKVILLE, KENDALL COUNTY, ILJune 6, 2017JanuaryDecember 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 Mayor’s Report #3 Tracking Number CC 2017-36 Intergovernmental Agreement (KC-TAP) for Kennedy Road Multi-use Path City Council – June 27, 2017 Majority Approval See attached. Erin Willrett Administration Name Department Summary Approval of the first amendment to the intergovernmental agreement with Kendall County for the increase of the Transportation Alternatives Program (TAP) grant to $80,000.00. Background The City Council approved an intergovernmental agreement on July 5, 2016 with Kendall County, for a $50,000 grant award for the Kennedy Road multi-use path. On May 18, 2017 the Kendall County Board approved the first amendment to the IGA for the TAP grant to increase the dollar amount from $50,000 to $80,000. All other facets of the IGA remain the same. Recommendation Staff recommends approval of the attached first amendment intergovernmental agreement with Kendall County for the increase in the Transportation Alternatives Program for the Kennedy Road multi-use path to increase the dollar amount to $80,000.00. Memorandum To: City Council From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: June 21, 2017 Subject: 1st Amendment to the Kendall County Transportation Alternative Program IGA for the Kennedy Road Multi-Use Path Page 1 of 3 First Amendment (2017) FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR KENDALL COUNTY TRANSPORTATION ALTERNATIVES PROGRAM (“KC-TAP”) FUNDING TO THE UNITED CITY OF YORKVILLE TO CONSTRUCT A 2.72 MILE MULTI-USE PATH ON KENNEDY ROAD FROM ROUTE 47 TO MILL ROAD IN YORKVILLE, ILLINOIS (2016 – AMENDED 2017) THIS FIRST AMENDMENT to the Intergovernmental Agreement for Kendall County Transportation Alternatives Program (“KC-TAP”) Funding to the United City of Yorkville to Construct a 2.72 Mile Multi-Use Path on Kennedy Road From Route 47 to Mill Road in Yorkville, Illinois (“the First Amendment”) is by and between the County of Kendall, a unit of local government of the State of Illinois (“Kendall County”) and the United City of Yorkville (the “Grantee”), a municipal corporation of the State of Illinois. WITNESSETH: WHEREAS, Grantee previously submitted an application pursuant to the KC-TAP to raise the necessary funding to build a 2.72 mile multi-use path parallel to Kennedy Road from Route 47 to the existing trail south of Mill Road, within Yorkville, Illinois; and WHEREAS, Kendall County approved Grantee’s KC-TAP application for fifty thousand dollars ($50,000) in financial assistance on May 17, 2016; and WHEREAS, Kendall County and Grantee entered into an intergovernmental agreement for said fifty thousand dollars ($50,000), which was approved by the Kendall County Board on May 17, 2016 and the United City of Yorkville’s City Council on July 5, 2016 (“2016 Agreement”); and WHEREAS, the Kendall County Board subsequently voted for and approved an increase in the previously granted award to Grantee from fifty thousand dollars ($50,000) to eighty thousand dollars ($80,000) on April 18, 2017; and Page 2 of 3 First Amendment (2017) WHEREAS, Within Paragraph 9 of the 2016 Agreement, it stated that any modification to that agreement may be accomplished only by way of writing acknowledged by both parties; and WHEREAS, Kendall County and Grantee desire to amend the terms of the 2016 Agreement as stated herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows: 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this paragraph 1. 2. The amount of “fifty thousand dollars ($50,000.00)” within paragraph 2(a) of the 2016 Agreement is amended to state: “eighty thousand dollars ($80,000.00)”. 3. The amount of “fifty thousand dollars ($50,000.00)” within paragraph 2(b) of the 2016 Agreement is amended to state: “eighty thousand dollars ($80,000.00)”. 4. The amount of “fifty thousand dollars ($50,000.00)” within paragraph 2(c) of the 2016 Agreement is amended to state: “eighty thousand dollars ($80,000.00)”. 5. Except as expressly amended by this First Amendment, all of the terms, conditions and provisions of the 2016 Agreement shall remain in full force and effect. 6. Kendall County and Grantee each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement. Page 3 of 3 First Amendment (2017) IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers on the date below. 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 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 Public Works Committee #1 Tracking Number PW 2017-47 Pavillion Road Streambank Stabilization – Engineering Agreement City Council – June 27, 2017 PW 06/20/17 Moved forward to CC agenda PW 2017-47 Majority Approval See attached. Bart Olson Administration Name Department Pavillion Road Streambank Stabilization 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 exhibits. Design and Construction engineering will be provided for the Pavillion Road Streambank Stabilization project. Engineering will be in accordance with all City, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non - terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Exhibit 3. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $17,600.00 and Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $15,700.00. The hourly rates for this project are shown in the attached 2017 Standard Schedule of Charges (Exhibit 5). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. Pavillion Road Streambank Stabilization United City of Yorkville Professional Services Agreement Design and Construction Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Pavillion Road Streambank Stabilization United City of Yorkville Professional Services Agreement Design and Construction Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Ill inois 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 o f any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal Pavillion Road Streambank Stabilization United City of Yorkville Professional Services Agreement Design and Construction Engineering sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any Pavillion Road Streambank Stabilization United City of Yorkville Professional Services Agreement Design and Construction Engineering manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of exhibits is as follows: Exhibit 1: Professional Engineering Services Exhibit 2: Limitation of Authority, Duties and Responsibilities of the Resident Construction Observer Exhibit 3: Estimate of Level of Effort and Associated Cost Exhibit 4: Anticipated Project Schedule Exhibit 5: 2017 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 J. Golinski Brad Sanderson, P.E. Mayor Vice President _________________________________ ________________________________ Lisa Pickering Angie Smith Deputy City Clerk Executive Assistant 1 EXHIBIT 1 SECTION A - PROFESSIONAL DESIGN ENGINEERING SERVICES For purposes of this Exhibit 1 and all attachments hereto, the term “contractor” shall not refer to Engineering Enterprises, Inc., but shall instead refer to individuals or companies contracted with, to construct or otherwise manage the project described herein. The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on final design for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. 3. The contract documents furnished by the ENGINEER under Section A -2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 5. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the 2 ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 6. The drawings prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 7. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids, and make recommendations for awarding contracts for construction. 8. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 9. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the project schedule(s) as summarized in Exhibit 4: “Anticipated Project Schedule – Pavillion Road Streambank Stabilization” dated June 13, 2017. 3 SECTION B - PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES The ENGINEER shall furnish professional construction engineering services as follows: 1. The ENGINEER will review, for conformance with the design concept, shop and working drawings required by the construction Contract Documents and indicate on the drawings the action taken. Such action shall be taken with reasonable promptness. 2. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 5. The ENGINEER will provide general engineering review of the work of the contractor(s) as construction progresses to ascertain that the contactor is conforming to the design concept. (a) ENGINEER shall have authority, as the OWNER’s representative, to require special inspection of or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with requirements of, and the results certified indicate compliance with, the Contract Documents). (b) During such engineering review, ENGINEER shall have the authority, as the OWNER’s representative, to disapprove of or reject contractor(s)’ work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 4 6. The ENGINEER will provide resident construction observation. Resident construction observation shall consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents and with the design intent. Such observation shall not be relied upon by others as acceptance of the work. The ENGINEER’s undertaking hereunder shall not relieve the contractor of contractor’s obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor’s performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. Exhibit 2 - The Limitations of Authority, Duties and Responsibilities of the Resident Construction Observer is attached to this Agreement. 7. The ENGINEER will cooperate and work closely with representatives of the OWNER. 8. Based on the ENGINEER’s on-site observations as an experienced and qualified design professional, on information provided by the Resident Construction Observer, and upon review of applications for payment with the accompanying data and schedules by the contractor, the ENGINEER: (a) Shall determine the amounts owing to contractor(s) and recommend in writing payments to contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the ENGINEER’s knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation). (b) By recommending any payment, ENGINEER will not hereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of contractor(s)’ work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in the Agreement and the Contract Documents. ENGINEER’s review of contractor(s)’ 5 work for the purposes of recommending payments will not impose on Engineer responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials equipment has passed to OWNER free and clear of any lien, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and contractor that might affect the amount that should be paid. 9. The ENGINEER will prepare necessary contract change orders for approval of the OWNER, and others on a timely basis. 10. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the ENGINEER shall submit the statement of completion to and obtain the written acceptance of the facility from the OWNER. 11. The ENGINEER will provide the OWNER with one set of reproducible record (as -built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the resident construction observer and from the resident construction observer’s construction data. 12. If State Statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period of one year after the date of statement of substantial completion of the facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal 6 operation of the system. Such consultation and advice shall be at the hourly rates as described in the attached Exhibit 5: Standard Schedule of Charges dated January 1, 2017. The ENGINEER will assist the OWNER in performing a review of the project during the 11th month after the date of the certificate of substantial completion. 14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 15. The ENGINEER will provide construction engineering services in accordance with the periods summarized in Exhibit 4: “Anticipated Project Schedule – Pavillion Road Streambank Stabilization” dated June 13, 2017. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER. Pursuant to Paragraph D “Changes in Rates of Compensation”, the contract shall be designated on-going consistent with the project schedule. 7 SECTION C – COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional design engineering services in the amount of $17,600.00 FF as summarized on Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Pavillion Road Streambank Stabilization” dated June 13, 2017. (a) The compensation for the professional design engineering services shall be payable as follows: (1) A sum which does not exceed ninety percent (90%) of the total comp ensation payable under Section C-1 shall be paid in monthly increments for work actually completed and invoiced, for grant administration and for the preparation and submission to the OWNER of the construction drawings, specifications, cost estimates and contract documents. (2) A sum which, together with the compensation paid pursuant to Section C-1(a)(1) above, equals one hundred percent (100%) of the total compensation due and payable in accord with Section C-1 above, shall be due immediately after the award of construction contract(s) is approved by the corporate authorities. 2. The OWNER shall compensate the ENGINEER for the construction administration, construction observation (including the Resident Construction Observer), and any additional consultation services on the basis of Hourly Rates (HR) as described on the attached Exhibit 5: Standard Schedule of Charges dated January 1, 2017. The estimated values are included in Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Pavillion Road Streambank Stabilization” dated June 13, 2017 and are estimated at $15,700.00 Hourly (HR). (a) The compensation for the construction administration, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services shall be payable as follows: 8 (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 3. The OWNER shall compensate the ENGINEER for direct expenses as identified in the contract and as noted on Exhibit 3 at the actual cost or hourly cost for the work completed. (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 4. The compensation for any additional engineering services authorized by the OWNER pursuant to Section D shall be payable as follows: (a) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 9 SECTION D – ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. 1. Site surveys outside of the project limits and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or i ts design, including but not limited to, changes in size, complexity, schedule or character of construction. 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 10 11. Preparation of design documents for alternate bids where major changes require additional documents. 12. Preparation of detailed renderings, exhibits or scale models for the Project. 13. Providing special analysis of the OWNER’s needs such as owning and operating analysis, plan for operation and maintenance, OWNER’s special operating drawings or charts, and any other similar analysis. 14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and labor, and material audits or inventories by the OWNER. 15. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work of the contractor, and/or (3) the contractor’s default on the Construction Contract due to delinquency or insolvency. 16. Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part of the Project. 17. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section E – SPECIAL PROVISIONS – Owner’s Responsibilities. Payment for the services specified in this Section E shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in D shall be at Actual Cost (AC), Fixed Fee (FF) or Hourly (HR). 11 SECTION E - SPECIAL PROVISIONS 1. OWNER’S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER’s requirements for the Project. (b) Designate a person authorized to act as the OWNER’s representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER’s policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER’s services. (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the contractor. (e) Furnish above services at the OWNER’s expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. (f) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER’s services under this Agreement. (g) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER’s performance of services under this Agreement. 12 (h) Protect and preserve all survey stakes and markers placed at the project site prior to the assumption of this responsibility by the contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2. Delegation of Duties - Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 3. The ENGINEER has not been retained or compensated to provide design services relating to the contractor’s safety precautions or to means, methods, techniques, sequences, or procedures required by the contractor to perform his work but not relating to the final or completed structure. Omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 5. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Costs and Construction Costs provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase OWNER wis hes greater assurance as to project or construction costs he shall employ an independent cost-estimator. 6. Access to Records: (a) The ENGINEER agrees to include subsections E-6(b) through E-6(e) below in all contracts and all subcontracts directly related to project services which are in excess of $25,000. 13 (b) The ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance of Agency loan work under this Agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987). The Agency or any of its duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. The ENGINEER will provide facilities for such access and inspection. (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. (d) The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection E-6(b) above, to the Agency. Where the audit concerns the ENGINEER, the auditing agency shall afford the ENGINEER an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties. (e) Records under subsection E-6(b) above shall be maintained and made available during performance on Agency loan work under this agreement and until three years from date of final Agency loan audit for the project. In addition, those records which relate to any “dispute” appeal under an Agency loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7. Covenant Against Contingent Fees - The ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or 14 consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. Covenant Against Contingent Fees - The loan recipient warrants that no person or agency has been employed or retained to solicit or secure a PWSLP loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Agency shall have the right to annul the loan or to deduct from the loan or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 9. Certification Regarding Debarment – The ENGINEER certifies that the services of anyone that has been debarred or suspended under Federal Executive Order 12549 has not, and will not, be used for work under this Agreement. 10. Affirmative Action – The ENGINEER agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the Clean Water Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA, the ENGINEER acknowledges that the fair share percentages are 5% for MBEs and 12% for WBEs. 11. The ENGINEER shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 15 EXHIBIT 2 THE LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT CONSTRUCTION OBSERVER ARE AS FOLLOWS: 1. The Resident Construction Observer shall act under the direct supervision of the ENGINEER, shall be the ENGINEER’s agent in all matters relating to on-site construction review of the contractor’s work, shall communicate only with the ENGINEER and the contractor (or contractor’s), and shall communicate with subcontractors only through the contractor or his authorized superintendent. The OWNER shall communicate with the Resident Construction Observer only through the ENGINEER. 2. The Resident Construction Observer shall review and inspect on-site construction activities of the contractor relating to portions of the Project designed and specified by the Engineer as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Construction Observer’s duties is any review of the contractor’s safety precautions, or the means, methods, sequences, or procedures required for the contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Construction Observer are enumerated as follows: (a) Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by contractor and consult with ENGINEER concerning their acceptability. (b) Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings and maintain and circulate copies of minutes thereof. 16 (c) Liaison: (1) Serve as ENGINEER’s liaison with contractor, working principally through contractor’s superintendent and assist him in understanding the intent of the Contract Documents. (2) Assist ENGINEER in serving as OWNER’s liaison with contractor when contractor’s operations affect OWNER’s on-site operations. (3) As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper erection of the work. (d) Shop Drawings and Samples: (2) Receive and record date of receipt of Shop Drawings and samples. (3) Receive samples which are furnished at the site by contrctor, and notify ENGINEER of their availability for examination. (3) Advise ENGINEER and contractor or its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. (e) Review of Work, Rejection of Defective Work, Inspections and Tests: (1) Conduct on-site inspection of the work in progress to assist ENGINEER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. (2) Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, test or approval required to be made or 17 has been damaged prior to final payment; and advise ENGINEER when he believes work should be corrected or rejected or should be uncovered for inspection, or requires special testing, inspection or approval. (3) Verify that tests, equipment and systems start-ups, and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that contractor maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. (4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. (f) Interpretation of Contract Documents: Transmit to contractor ENGINEER’s clarifications and interpretations of the Contract Documents. (g) Modifications: Consider and evaluate contractor’s suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. (h) Records: (1) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER’s clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (2) Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily 18 activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. (4) Record names, addresses and telephone numbers of all contractor’s, subcontractors and major suppliers of materials and equipment. (i) Reports: (1) Furnish ENGINEER periodic reports as required of progress of the work and contractor’s compliance with the approved progress schedule and schedule of Shop Drawing submissions. (2) Consult with ENGINEER in advance of schedule major tests, inspections or start of important phases of the work. (3) Report immediately to ENGINEER upon the occurrence of any accident. (j) Payment Requisitions: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. (k) Certificates, Maintenance and Operating Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work. (l) Completion: (1) Before ENGINEER issues a Statement of Substantial Completion, submit to contractor a list of observed items requiring completion or correction. 19 (2) Conduct final review in the company of ENGINEER, OWNER and contractor and prepare a final list of items to be completed or corrected. (3) Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. ENTITY:ADMIN.WORK PRINCIPAL SENIOR SENIOR SENIOR ITEM COST WORK IN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT HOUR PER ITEM CHARGE MANAGER ENGINEER I ENGINEER MANAGER SURVEYOR II TECHNICIAN MANAGER TECHNICIAN I ADMIN.SUMM.ITEM NO.WORK ITEM HOURLY RATE:$191 $168 $145 $133 $168 $155 $121 $168 $133 $80 FINAL ENGINEERING 2.1 Project Management and Administration 1 3 - - - - - - - - 4 695$ 2.2 Project Meetings - 4 - 4 - - - - - - 8 1,204$ 2.3 Topographic Survey - - - 4 6 8 - - - - 18 2,780$ 2.4 Utility Coordination - 1 - 2 - - - - - - 3 434$ 2.5 Final Plans, Specifications and Estimates 1 12 - 20 - - - 6 20 - 59 8,535$ 2.6 Permitting - 4 - 12 - - - - - - 16 2,268$ 2.7 Bidding and Contracting - 2 - 7 - - - - - 5 14 1,667$ Final Engineering Subtotal:2 26 - 49 6 8 - 6 20 5 122 17,583$ CONSTRUCTION ENGINEERING 3.1 Contract Administration 1 19 - 8 - - - - - - 28 4,447$ 3.2 Construction Layout and Record Drawings - 1 - 2 1 4 8 - - - 16 2,190$ 3.3 Observation and Documentation 3 9 - 51 - - - - - 2 65 9,028$ Construction Engineering Subtotal:4 29 - 61 1 4 8 - - 2 109 15,665$ PROJECT TOTAL:6 55 - 110 7 12 8 6 20 7 231 33,248 Printing =250$ 25,016$ Mileage =675$ 4,004$ Material Testing = -$ 3,668$ -$ 560$ DIRECT EXPENSES =925$ 33,248$ 34,173$ \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2017\YO1722-P Pavillion Road Streambank Stabilization\PSA\[Exhibit 3 - Level of Effort.xlsx]Fee Summary June 13, 2017 ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FOR PROFESSIONAL ENGINEERING SERVICES FOR EXHIBIT 3 PAVILLION ROAD STREAMBANK STABILIZATION United City of Yorkville, IL PROJECT ROLE: Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = TOTAL EXPENSES = ENGINEERING SURVEYING DRAFTING Engineering Expenses = DIRECT EXPENSES LABOR SUMMARY Environmental Assessment = WORK Year: ITEM Month: NO.WORK ITEM Week Starting:3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 5 12 19 26 5 12 19 26 FINAL DESIGN ENGINEERING 2.1 Project Management and Administration 2.2 Project Meetings 2.3 Final Plans, Specifications and Estimates 2.4 Permitting 2.4 Bidding and Contracting CONSTRUCTION ENGINEERING 3.1 Contract Administration 3.2 Construction Record Drawings 3.3 Observation and Documentation Project Management & QC/QA Meeting(s) Design Permitting Bidding and Contracting Construction Legend NovemberAugust 20182017 July September October TBD EXHIBIT 4 ANTICIPATED PROJECT SCHEDULE PAVILLION ROAD STREAMBANK STABILIZATION UNITED CITY OF YORKVILLE, KENDALL COUNTY, IL June 13, 2017 December January February March FoxP a v illio n Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700EXHIBIT 6LOCATION MAPwww.eeiweb.comDATE:PROJECT NO.:FILE:PATH:BY:JUNE 2017YO1722YO1722_EXHIBIT 6 Location.MXDH:\GIS\PUBLIC\YORKVILLE\2017\MJTUnited City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350³UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISLegendProposed Streambank Stabilization 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 Public Works Committee #2 Tracking Number PW 2017-48 Kennedy Road Shared-Use-Path - ITEP City Council – June 27, 2017 PW 06/20/17 Moved forward to CC agenda PW 2017-48 Consideration of Approval Consideration of BNSF License Agreement Brad Sanderson Engineering Name Department The purpose of this memo is to present the BNSF License Agreement for Bicycle Path/Pedestrian Walkway. 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 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 BNSF. BNSF is requiring a license agreement for the use of the path crossing at the railroad. Questions Presented: Should the City approve the license agreement with BNSF? Discussion: The contract fee is $3,700 for the license and in addition the insurance requirements must be met. The City Attorney and Insurance Agent recommend participating in the BNSF’s Railroad Protective Liability Policy for $575. The insurance requirement is project specific and is needed for this particular rail crossing. The City Attorney has reviewed the agreement and has found it to be acceptable. We are recommending that the City consider approving the agreement to continue moving forward with the project. Action Required: Consideration of approval of the BNSF license agreement. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Lisa Pickering, Deputy City Clerk Date: June 14, 2017 Subject: Kennedy Road Shared-Use Path (ITEP) – BNSF Agreement 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 Public Works Committee #3 Tracking Number PW 2017-38 2017 Road to Better Roads Program – Additional Work City Council – June 27, 2017 PW 06/20/17 Moved forward to CC agenda PW 2017-38 Consideration of Approval Review of D Construction Proposal Brad Sanderson Engineering Name Department The purpose of this memo is to present a plan for additional work for the above referenced project. Background: The United City of Yorkville and D Construction, Co. recently entered into an agreement for a contract value of $607,981.72 for the above referenced project. The City has seen substantial savings in the road/street projects that it has let thus far in 2017. As a result, the City has an additional $482,000 +/- available to spend as summarized in the attached spreadsheet. As directed by the Committee, we obtained a quote from D Construction to perform additional street work. The proposed additional work is summarized as follows: o Walsh Drive (Greenbrier to W. Barberry Circle) o Spring Street (Quinsey to McHugh) o High School Parking Lot (City Portion) o Fox Road (Patching) o White Oak Way (Patching) o Town Square Park The following areas were also included in the quote from D and are being funded separately: o Main Street Parking Lot o Parks and Rec Admin Building o Old Second Bank Parking Lot As a reminder, that due to the fact the existing contract between the City and D Construction utilizes MFT funds, we are unable to add additional streets via change order to the original contract. Questions Presented: Should the City approve the additional street work and quote from D Construction? Discussion: D Construction, Co. has held their prices from the originally bid project work. There was only one new pay item that is necessary to construct the new work. The unit price for the new item is reasonable. Action Required: Consideration of approval for additional RTBR work with D Construction. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Lisa Pickering, Deputy City Clerk Date: June 13, 2017 Subject: 2017 Roads to Better Roads Program – Additional Work RTBR Potential Projects FY18 RTBR Budget 700,000.00$ Walsh Drive (Greenbrier to W. Barberry Circle)186,000.00$ Full Mill & Overlay FY 18 Construction Engineering and Testing 50,000.00$ Spring Street (Quinsey to McHugh)91,500.00$ Full Mill & Overlay FY 19 RTBR Design Engineering 35,000.00$ High School Parking Lot Portion 51,000.00$ Full Mill & Overlay FY 18 Construction Budget 615,000.00$ Fox Road 28,000.00$ Full Mill & Overlay Current Estimate based on Bid w/o TIF Projects 547,835.88$ White Oak Way 19,000.00$ Full Mill & Overlay 67,164.12$ AMOUNT UNDER BUDGET Town Square Parking 4,000.00$ Overlay Total Bid - Entire Project 607,981.72$ Pavillion Road Streambank Stabilization 50,000.00$ Design / Construction ($50k - FY18 and $75k FY19) Total Bid - TIF Areas Only 60,145.84$ Additional Design/Construction Engineering 20,000.00$ Center/Countryside Resurfacing Contingency 33,000.00$ FY18 Center/Countryside Budget 522,000.00$ 482,500.00$ Sub-total FY 18 Construction Engineering and Testing 40,000.00$ FY18 Center/Countryside Construction Budget 482,000.00$ Current Estimate based on Bid 239,317.00$ 242,683.00$ AMOUNT UNDER BUDGET Kennedy Resurfacing FY18 Kennedy Budget (Net)601,500.00$ FY 18 Construction Engineering and Testing 40,300.00$ FY18 Kennedy Construction Budget 561,200.00$ Current Estimate based on Bid 388,437.00$ 172,763.00$ AMOUNT UNDER BUDGET 482,610.12$ TOTAL AMOUNT UNDER BUDGET TIF Project Summary East Alley Parking Lot 35,000.00$ Full Mill & Overlay (Included in base RTBR Contract) Riverfront Park Parking Lot 25,000.00$ Full Mill & Overlay (Included in base RTBR Contract) Main Street Parking 4,500.00$ Overlay Old Second Bank Parking Lot 57,500.00$ Full Mill & Overlay Parks and Rec Admin Parking Lot 13,000.00$ Overlay Sub-total 135,000.00$ ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()()-)-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( ) - ( ) -()-()-()-()-( ) - ( ) - ( ) - ( ) - ()- ()- ()- ()-()-()-()-)-()-()-()-()-()-( ) - ( ) - ()-( ) -()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()()-)-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( ) - ( ) -()-()-()-()-( ) - ( ) - ( ) - ( ) - ()- ()- ()- ()-()-()-()-)-()-()-()-()-()-( ) - ( ) - ()-( ) -()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-Madison StMadison CtFoxBridgeSpringMainMillPopl a rVan EmmonParkSchoolhouseSomonaukTuma CenterBenjamin OrangeStateTeriDeerMapleMcHughElmKingFo r dOmahaLibertyKellyBarberryHeustisWashingtonWackerJackson Wi n gBruell FreemontBeaverGreen BriarQuinseyMorganChurchAdrianKateGraceBristolColonialMadisonColtonIdentaWhite OakBlaineFoxboroRiverside WolfCrooked CreekWindhamFox GlenElizabethBadgerAcorn GardenBirchwoodNorwayT a u s Game FarmAdamsJam estownGawneDeerpath Re d h o r s eClearwater WindsorRidgeIlliniWooden BridgeOlsenYorkvilleWestWalterOakMartinWood Sage BirchWoodworthDolphWorsleyRiver BirchHydraulicWoodlandAuburnPineFirSandersOakwoodCentralTowerDydynaRedwoodBehrensStony CreekMarieCor nerstone Spruce WestwindCedarCor al ber r yBellOxford HickoryJohnson BatorTomasikVictoriaBluej ay BeecherAppletreeRodakAaronBuckthornflerJeffersonT y le r C r e e kSharon BuhrmasterTrilliumHawthorneSpicebushMansf i el dWooddale MapleStateRidgeMainDolphMainSchoolhouseFox GlenMorganFoxMainHydraulicLegendROAD RESURFACEEXTRA WORK ROAD RESURFACE PARKING LOT RESURFACEPARKING LOT SEAL COATEXTRA WORK PARKING LOT RESURFACE2017 RTBRROAD / PARKING LOT RESURFACE AND SEAL COAT - BASE BIDDATE:PROJECT NO.:FILE:BY:JUNE 2017YO1616YO1616 PAVING 2017.MXDMJTLOCATION MAPUNITED CITY OF YORKVILLE, ILLINOISEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700www.eeiweb.comPATH:H:\GIS\PUBLIC\YORKVILLE\2016\YO1616United City of Yorkville800 Game Farm RoadYorkville, IL 60560NORTH°()-()-()-()-()-()-()-()-()-()-()-(( ) -()-()-( ) - ( ) -()-()-()-FoxP a v i l l i o n ()-()-()-()-()-()-()-()-()-()-()-()-GalenaKennedyMill MillMainHydraulicStateMainBridgeChurch Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo and report. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Planning & Zoning Commission #1 Tracking Number PZC 2017-05 Kendall County Case #17-09 Semper Fi – Special Use Request (1.5 Mile Review) City Council - June 27, 2017 Majority Vote Special Use request for a landscape waste and compost facility in Kendall County. Krysti J. Barksdale-Noble, AICP Community Development Name Department Proposal Summary: Staff has reviewed the request from Kendall County Planning & Zoning Department along with the subsequent documents attached. This subject property is located within one and a half miles of the planning boundary for Yorkville allowing us the opportunity to review and provide comments to Kendall County. The petitioner, Semper Fi Land, Inc. (Robert Velazquez), is requesting Special Use authorization from Kendall County to operate a landscape waste composting facility on an approximately 5.2-acre parcel located about half (1/2) mile south of Galena Road in Bristol Township. The location of the proposed compost operation will be at 1996 Cannonball Trail. According to information obtained from the County and a meeting staff had with the petitioner, the property is currently zoned A-1 Agricultural District and has an existing special use permit to operate a landscaping business. All of the surrounding properties are within the City of Yorkville’s corporate boundary and zoned R-2 Single Family or R-2D Two-Family Attached residential. A mixed use residential development called Bristol Ridge, consisting of over 400 single family, duplexes and townhome units was approved by the City in 2006. Although development has yet to occur on this property, all entitlements remain and the owners have recently expressed interest in reviving the project in the near future. This item was delivered to the City on April 26, 2017 with feedback requested prior to Kendall County Board consideration. This item was heard at the May 2, 2017 Zoning and Platting Advisory Committee conducted by Kendall County but failed to get a formal recommendation. The mater is tentatively scheduled for final consideration by the County Board on June 20, 2017. Plan Commission Recommendation: Upon the review by the Planning and Zoning Commission with regards to the proposed future comprehensive plan designation of this property, it was noted that the proposed Comprehensive Plan Update has designated this area for Estate/Conservation Residential – which is inconsistent with the proposed special use requested. Additionally, the Commission expressed some objections to the petitioners’ request since the use will be wholly surrounded by a future residential development and may require further conditions from the County’s standards to address odors and additional paving on the site to reduce truck traffic on gravel surfaces entering and exiting off of Cannonball Trail. Therefore, it was the recommendation of the Planning and Zoning Commission that the City Council file a formal objection to Kendall County regarding the petition with the following vote: Action Item: Harker-aye; Olson-aye; Horaz-aye; Goins – aye; Marcum-aye 5 ayes; 0 no Attachments: 1. Staff memorandum to the Planning and Zoning Commission dated May 19, 2017. 2. Kendall County Planning and Zoning Memo with Attachments. Memorandum To: City Council From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: June 21, 2017 Subject: Kendall County Case #17-09 – Semper Fi (1.5 Mile Review) Special Use for a Proposed Landscape Waste Compost Facility 1996 Cannonball Trail 1 Proposal Summary Staff has reviewed the request from Kendall County Planning & Zoning Department along with the subsequent documents attached. This subject property is located within one and a half miles of the planning boundary for Yorkville allowing us the opportunity to review and provide comments to Kendall County. The petitioner, Semper Fi Land, Inc. (Robert Velazquez), is requesting Special Use authorization from Kendall County to operate a landscape waste composting facility on an approximately 5.2-acre parcel located about half (1/2) mile south of Galena Road in Bristol Township. The location of the proposed compost operation will be at 1996 Cannonball Trail. According to information obtained from the County and a meeting staff had with the petitioner, the property is currently zoned A-1 Agricultural District and has an existing special use permit to operate a landscaping business. All of the surrounding properties are within the City of Yorkville’s corporate boundary and zoned R-2 Single Family or R-2D Two- Family Attached residential. A mixed use residential development called Bristol Ridge, consisting of over 400 single family, duplexes and townhome units was approved by the City in 2006. Although development has yet to occur on this property, all entitlements remain and the owners have recently expressed interest in reviving the project in the near future. The petitioner currently resides in a detached single family house on the property. As proposed, the petitioner plans to collect only landscape and yard waste on the site, and no food or organic waste material will be permitted. The majority of the waste (approximately 85%) will be turned into mulch with the Memorandum To: Planning and Zoning Commission From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Jason Engberg, Senior Planner Date: May 19, 2017 Subject: Kendall County Case #17-09 – Semper Fi (1.5 Mile Review) Special Use for a Proposed Landscape Waste Compost Facility 1996 Cannonball Trail 2 remainder converted into compost material. It is estimated the proposed landscape waste and composting operation would receive between 100 to 150 cubic yards per day with a daily maximum of 250 cubic yards. All truck traffic entering and exiting the property will be monitored by the petitioner to ensure that only clean waste materials are deposited onsite. There will be between 2 to 5 employees assisting with daily operations at the proposed landscape waste and composting facility during the hours of 7:00 am to 3:00 pm, Monday through Friday. While some heavy equipment will be utilized as part of the proposed composting operation, such as a tub grinder, wheel loader and skid loader, the petitioner will be restricted to a maximum dbA of 65 during the day time (7:00 am – 10:00 pm) and 55 dbA during nighttime hours (10:00 pm to 7:00 am). Parking for the proposed use can be adequately accommodated on the property and access for the truck traffic will come from Cannonball Trail via a gravel driveway path installed on the southern portion of the site. All vehicles and equipment will be stored inside a building when not in use and additional evergreen trees have already been installed by the petitioner for screening where the bulk of the proposed operations will occur. Further details of the proposed operation and site plan has been provided in the attached Kendall county staff report and petitioner application prepared by Deigan & Associates, LLC, environmental consultants. The proposed use is similar to a previously approved landscape waste composting facility located in the southeast quadrant of Galena and Beecher Roads. The Green Organics facility has approximately 9.5-acres dedicated to the composting operation and processes between 150,000 cubic yards to 175,000 cubic yards of landscaping material annually. Green Organics also is situated adjacent to an approved residential development that has yet to begin construction. Kendall County’s Land Resource Management Plan designated the future land use for this property as Planned Rural Residential which has a maximum density of 0.6 dwelling units per acre. According to the LRMP, the Planned Rural Residential land use category promotes large- lot, low-density detached single-family residential development. Additionally, the district strives to provide a semi-rural or countryside setting, retaining a greater amount of open space with compatible governmental, educational, religious, and recreational uses also permitted in these areas. Yorkville Comprehensive Plan The recently updated Yorkville Comprehensive Plan has the future land use designation of the subject property as Estate/Conservation Residential (ECR). This land use designation is intended to provide flexibility for residential design to accommodate low-density detached single-family housing but also support retaining and enhancing sensitive environmental and scenic features of the land. Furthermore, the Comprehensive Plan envisions properties designated within the Estate/Conservation Residential to serve as 3 transitions between more traditional suburban neighborhoods and agricultural zones and as a place identifiable by its scenic views, tree masses and environmental features. Staff Recommendation & Comments Staff has reviewed the petitioner’s request and the Kendall County staff report which has detailed conditions as the use, operation, personnel, noise/dust/order/vector controls, as well as water and soil quality standards and have no substantial objections to the request. Staff had recommended the petitioner incorporates a paved or compacted driveway surface in the plan for truck traffic entering and existing off of Cannonball Trails into the site to further reduce dust and rock debris on Cannonball Trail at the entrance of the property. According to the Kendall County Senior Planner, the petitioner has agreed to pave the western 30 feet of the driveway off of Cannonball Trail. Staff also recommended since the proposed compost facility will be located adjacent to a potential future residential development, that the petitioner stipulates that upon such time any new residential dwelling unit is permitted for construction and occupancy is established for at least sixty (60) days in the City of Yorkville within one-eighth (1/8) mile of the subject property, the City will notify the owner/operator to establish a timeframe for closure of the composting facility within three (3) years and require a closure plan be developed and submitted to the City and IEPA in compliance with Section 830.213 Standards for Compost Facilities of the Illinois Environmental Protection Act. This is also the condition placed on the Green Organics property as part of their Special Use authorization. Per staff’s recent discussion with Kendall County, the Special Use hearing officer agreed with this condition and has included this stipulation as part of the draft approving ordinance. Finally, with regards to adherence to the designated future land use, both the Kendall County and City of Yorkville future land use plans envisioned the subject property as residential, rural in character with elements of conservation design. It is staff’s opinion that the use of the property for a landscape waste and compost facility operation is transitional until large planned residential development moves to this area. Furthermore, since the request is for Special Use approval, any change in scope, intensity or size of the proposed landscape waste and compost operation will require an amendment, public hearing and notification by Kendall County. Staff will be available to answer any questions the Planning and Zoning Commission may have regarding the County Petition. This item was delivered to the City on April 26, 2017 with feedback requested prior to Kendall County Board consideration. This item was heard at the May 2, 2017 Zoning and Platting Advisory Committee conducted by Kendall County with final consideration heard by the County Board on June 20, 2017. Attachments: 1. Kendall County Planning and Zoning Memo with Attachments. 2. http://www.co.kendall.il.us/wp-content/uploads/Petition_17-09.pdf ZPAC Memo – Prepared by Matt Asselmeier – April 26, 2017 Page 1 of 7 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street  Room 203 Yorkville, IL  60560 (630) 553-4141 Fax (630) 553-4179 Petition 17-09 Semper Fi Land, Inc. (Robert Velazquez) A-1 Special Use – Composting of Landscape Waste INTRODUCTION Semper Fi Land, Inc., on behalf of Robert Velazquez, submitted a petition for a special use permit to operate a composting of landscape waste facility at 1996 Cannonball Trail. In 2012, the petitioner received a special use permit to operate a landscape business and residence at the subject property (Ordinance 2012-23). SITE INFORMATION PETITIONER Semper Fi Land, Inc. (Robert Velazquez) ADDRESS 1996 Cannonball Trail LOCATION On the East Side of Cannonball Trail about 0.5 Miles South of Galena Road ZPAC Memo – Prepared by Matt Asselmeier – April 26, 2017 Page 2 of 7 TOWNSHIP Bristol PARCEL # 02-15-101-003 LOT SIZE 5.2 acres EXITING LAND USE Residential/Agricultural ZONING A-1 Agricultural District with a Special Use Permit LRMP Land Use County: Planned Rural Residential (Max 0.6 Du/Ac) United City of Yorkville: Estate/Conservation Residential Roads Cannonball Trail is a County Road classified as a Major Collector Road Trails A multi-use trail is shown on the East Side of Cannonball Trail Floodplain/ Wetlands There are no wetlands or floodplain on the property. REQUESTED ACTION A-1 Special Use to Operate a Composting of Landscape Waste APPLICABLE REGULATIONS Section 7.01 D.16 – A-1 Special Uses – Permits Composting of Landscape Waste and Food Waste with the following stipulations: 1. The facility shall meet all Illinois Environmental Protection Agency requirements as identified in Title 35, Subtitle G, Chapter 1, Sub-chapter 1, Park 830, Standards for compost facilities. 2. Operational personnel shall be present on site during all hours which the facility is open for the receipt of landscape waste. 3. The hours during which landscape waste may be received shall be 7:00am to 4:00pm Monday through Friday and 7:00am to 12:00 noon Saturday. Processing operations shall cease after each day’s receipts have been processed and placed in windrows, not to exceed three (3) additional hours. 4. The decibel levels at the property line shall not exceed Illinois Pollution Control Board standards. 5. A locked gate shall restrict vehicle access during close d hours except that a “lock-box” shall allow access to emergency vehicles. 6. Water samples shall be taken by an independent testing service and analyzed by an independent laboratory. The locations, methods and frequency of sampling and testing shall be approved by the Kendall County Environmental Health Department Director. The test results shall be sent to the Environmental Health Department within forty-five (45) days of sampling. 7. Soil samples shall be taken by an independent testing service and analyze d by an independent laboratory. The locations, methods and frequency of sampling and testing shall be approved by the Kendall County Environmental Health Department Director. The test results shall be sent to the Environmental Health Department within forty-five (45) days of sampling. ZPAC Memo – Prepared by Matt Asselmeier – April 26, 2017 Page 3 of 7 8. Authorized Kendall County personnel shall be allowed on site during business hours for inspection and testing. 9. The facility operator shall send up-to-date copies of the State permit and related documents including Operational Plan, Surface Water Management Plan, Pest Control Plan, Site Drawing, and an Annual Report to the County Solid Waste Coordinator. 10. Truck weights shall be limited to 73,280 pounds. 11. The operator shall provide weight receipts to Kendall County. 12. Off-site debris and trash generated by the site must be cleaned-up on a daily basis on surrounding properties with the owner’s permission. 13. Other conditions as appropriate for the particular facility. (Amended 6/20/2006) Section 13.08 – Special Use Procedures SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Agricultural/Farming Yorkville (R-2) Suburban Residential (County) Estate Residential (Yorkville) Yorkville, Montgomery and A-1 South Agricultural/Farming Yorkville (R-2D) Suburban Residential (County) Estate Residential and Commercial Office (Yorkville) Yorkville, M-1, B-1, B-2, B-3, R-3 and A-1 East Agricultural/Farming Yorkville (R-2) Planned Rural Residential and Open Space (County) Estate Residential (Yorkville) Yorkville and A-1 West Agricultural/Farming Yorkville (R-2) Suburban Residential (Estate Residential) Yorkville, A-1 and R-3 PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT Report submitted and consultation was terminated. The EcoCat was included with the Application Materials; see Attachment 5. NATURAL RESOURCES INVENTORY LESA score was 169 indicating a low level of protection. The NRI was included with the Application Materials; see Attachment 5. ZPAC Memo – Prepared by Matt Asselmeier – April 26, 2017 Page 4 of 7 ACTION SUMMARY BRISTOL TOWNSHIP Petition information was sent to Bristol Township 4.25.17. No comments have been received from Bristol Township. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville 4.25.17. This matter will be discussed at their June PZC meeting. BUSINESS OPERATION The petitioner desires to operate a landscape waste composting business at the subject property. This business would be in addition to the landscaping business that the petitioner currently possesses a special use permit for at the subject property. The owner of Semper Fi Land, Inc., Robert Velazquez, also lives on the subject property. The petitioner submitted a business plan which is included with the Application Materials; see Attachm ent 5. As noted on page 5 of the Project Narrative, the petitioner plans to collect only landscape and yard waste and the site, no food waste or organic material will be collected. The majority of the waste (85%) will be turned into mulch with the remainder turned into compost material. The petitioner anticipates receiving approximately 100 to 150 cubic yards per day with a daily maximum of 250 cubic yards. The petitioner plans to monitor all truck loads to ensure that only clean material is deposited onsite. Anticipated equipment on the site include trucks, Morbark 1000 Tub Grinder, a wheel loader and skid loader. The petitioner has a windrow plan (see page 8 of the Project Narrative), and a plan to control dust, odor, noise, and vectors (see page 9 of the Project Narrative). The petitioner also supplied additional information on stormwater and leachate controls; Application Addendum Attachment 6. Because the petitioner submitted documents at various stages, some of the figures referenced in the application materials may be numbered differently. Per 415 ILCS 5/3.270, “landscape waste” means all accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees. The proposed business will have between 2 and 5 employees. The petitioner was agreeable to addressing Staff’s concerns regarding hours of operation, tub grinder operation, noise restrictions, and capping the amount of material received. The details of a host agreement need to be finalized. BUILDING CODES No new buildings are planned as a result of this proposal. Any new structures constructed would be required to follow applicable building codes. ACCESS The property fronts Cannonball Trail. The petitioner plans to install a gravel driveway south of the lawn; see Attachments 7 and 8. TRAILS The petitioner already dedicated the necessary ROW for trails as required in the previous special use permit application. PARKING The petitioner already possesses a small amount of parking near the house and sheds; no additional parking is planned. LIGHTING No additional lighting is planned. ZPAC Memo – Prepared by Matt Asselmeier – April 26, 2017 Page 5 of 7 SIGNAGE On page 5 of the Project Narrative, see Attachment 5, the petitioner outlined the type of signage that will be placed on the property. SCREENING All vehicles and equipment that can be moved shall be stored inside a building when not in use. The petitioner installed evergreen to separate the composting facility from the residential use. Additional screen may be required around the property. STORMWATER No portion of the property is in a flood area and no wetlands exist on the property. The petitioner submitted a stormwater management proposal to WBK and this proposal is currently under review. RECOMMENDATION If approved, Staff recommends the following conditions be included in the approving special use ordinance: 1. The facility shall meet all Illinois Environmental Protection Agency requirements as identified in Title 35, Subtitle G, Chapter 1, Sub-chapter 1, Park 830, Standards for compost facilities. 2. Operational personnel shall be present on site during all hours which the facility is open for the receipt of landscape waste. 3. The hours during which landscape waste may be received shall be 7:00am to 3:00pm (not 7:00 pm as originally proposed by the petitioner) Monday through Friday. The petitioner does not wish to have Saturday hours. Processing operations shall cease after each day’s receipts have been processed and placed in windrows, not to exceed three (3) additional hours. 4. The decibel levels at the property line shall not exceed Illinois Pollution Control Board standards or 65 dBA between 7:00am and 10:00pm and 55 dBA between 10:00pm and 7:00am as measured from the property line on receiving residential lands. This restriction shall not apply to noise generated from maintenance vehicles. The noise level shall be measured at the property line. The petitioner agrees that the stricter noise regulations shall apply in cases of conflict. 5. A locked gate shall restrict vehicle access during closed hours except that a “lock-box” shall allow access to emergency vehicles. 6. Water samples shall be taken by an independent testing service and analyzed by an independent laboratory. The locations, methods and frequency of sampling and testing shall be approved by the Kendall County Environmental Health Department Director. The test results shall be sent to the Environmental Health Department within forty-five (45) days of sampling. Frequency of tests? 7. Soil samples shall be taken by an independent testing service and analyzed by an independent laboratory. The locations, methods and frequency of sampling and testing shall be approved by the Kendall County Environmental Health Department Director. The test results shall be sent to the Environmental Health Department within forty-five (45) days of sampling. Frequency of tests? 8. Authorized Kendall County personnel shall be allowed on site during business hours for inspection and testing. 9. The facility operator shall send up-to-date copies of the State permit and related documents including Operational Plan, Surface Water Management Plan, Pest Control Plan, Site Drawing, and an Annual Report to the County Solid Waste Coordinator. 10. Truck weights shall be limited to 73,280 pounds. 11. The operator shall provide weight receipts to Kendall County. Frequency? ZPAC Memo – Prepared by Matt Asselmeier – April 26, 2017 Page 6 of 7 12. Off-site debris and trash generated by the site must be cleaned-up on a daily basis on surrounding properties with the owner’s permission. 13. Tub grinders located on the property shall operate between the hours of 9:00am and 3:00pm, Monday through Friday. 14. The owner of the business allowed by this special use permit shall reside on the premises as his/her primary residence. 15. Waste collected on the site shall be clean landscape waste only; no food scrap waste shall be collected onsite. 16. The facility will be permitted to take in a maximum 26,000 cubic yards annually. 17. The site plan shall be kept on file as Exhibit X attached to the ordinance approving the special use permit. 18. The County Solid Waste Coordinator shall maintain a log of complaints received on the facility allowed by this special use permit. 19. If the business allowed by this special use permit receives any violations or citations from the Illinois Environmental Protection Agency, the business shall submit notifications of violations or citations to the Kendall County Solid Waste Coordinator within 30 days of receipt. 20. All vehicles and equipment with wheels shall be stored entirely within an enclosed structure when the business allowed by this special use permit is closed. 21. Host Fee 22. The business allowed by this special use permit shall follow all applicable federal, state, and local laws related to the operation of the business. 23. Failure to comply with the above regulations and restrictions could result in the revocation of the special use permit. 24. The special use permit awarded by this ordinance shall be considered separate from the special use permit awarded by Ordinance 2012-23. Nothing in the special use permit awarded for a composting of landscape waste business removes any obligations the property owner may have as it relates to the requirements of Ordinance 2012-23. 25. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid. ATTACHMENTS 1. Zoning Plat 2. Plat of Easement 3. Site Operations 4. Aerial 5. Application Materials (Including Business Plan and Project Narrative, Proof of Ownership, NRI Summary, EcoCat, and Applicant’s Version of Findings of Fact) 6. Application Addendum (Additional Business Information and Stormwater Information) 7. Entrance from Cannonball 8. Looking East 9. Looking East from Southeast Corner of Grass 10. Looking Southeast 11. Looking East from Driveway ZPAC Memo – Prepared by Matt Asselmeier – April 26, 2017 Page 7 of 7 12. Looking South from Driveway 13. Looking North from Driveway 02-15 02-10 CannonballTrl´ This work is provided as is, without warranty of any kind, either expressed or implied. The information represented may contain proprietary and confidential property of Kendall County Illinois.Under United States Copyright protection laws you may not use, reproduce, or distribute any part of this document without prior written permission. To obtain written permission please contact Kendall County GIS at 111 W Fox St, Yorkville, IL 60560. 02-15-101-003Bristol Twp.Kendall County Illinois 0 120 240 360 Feet 1 inch = 200 feet Created : 04/19/2017Aerial : 2016 Su s ta i n a b l e E nvi ron m e nta l Sol u ti on s www.deiganassociates.com 28835 N Herky Dr. Unit 120 Lake Bluff, Illinois 60044 Phone 847.578.5000 Fax 847.549.3242 www.deiganassociates.com April 17, 2017 Matthew H. Asselmeier, AICP Senior Planner Kendall County Planning, Building & Zoning 111 West Fox Street Yorkville, IL 60560-1498 Re: Addendum to Special Use Permit Application Semper Fi Land Inc. 1996 Cannonball Trail Bristol, Kendall County, Illinois 60512 Dear Mr. Asselmeier: Enclosed are revised Plat of Survey and Site Plan for the Special Use Permit application to develop a landscape waste compost facility for Semper Fi Land, Inc. located at 1996 Cannonball Trail in Bristol, Kendall County, Illinois.These drawings replace Figures 1 and 3 in our original submittal. In addition, we have included a Stormwater Submittal of which the Plat of Survey and Site Plan are components. Please contact the undersigned with questions. Sincerely, Deigan & Associates, LLC Gary J. Deigan Steven Schilling, P.E. Principal Sr. Project Manager/Sr. Engineer Su s ta i n a b l e E nvi ron m e nta l Sol u ti on s www.deiganassociates.com Addendum to Application for a Special Use Permit Facility Location: 1996 Cannonball Trail Bristol, Kendall County, Illinois 60512 April 17, 2017 Submitted to: Kendall County Planning, Building & Zoning Department Prepared by: 28835 N Herky Dr. Unit 120 Lake Bluff, Illinois 60044 Phone 847.578.5000 Fax 847.549.3242 www.deiganassociates.com Semper Fi Land, Inc. Bristol, Kendall County, Illinois Application for Composting Permit REV - 0 April 17, 2017 Sustainable Environmental Solutions www.deiganassociates.com Addendum Contents Supplemental Narrative Text – Stormwater Submittal Figure 1 – Zoning Plat for Special Use Permit (1- 24”x36” plus 15-11”x17” Copies) Figure 3 – Site Operations Layout (1-24”x36” plus 15-11”x17” Copies) Figure 4 – ISGS Illinois Water Well Map Figure 5 – FEMA Flood Insurance Map Figure 6 – Settling Basin Detail Semper Fi Land, Inc. Bristol, Kendall County, Illinois Application for Permit REV – 0 April 17, 2017 Sustainable Environmental Solutions www.deiganassociates.com 4 Stormwater Submittal Applicant Identification and Location Information The Kendall County Stormwater Application has been prepared for the development of a Compost Facility for the property located at 1996 Cannonball Trail in Bristol, Kendall County, Illinois (the “Site”), depicted in Figure 1 (the Site Map), as a landscape waste composting facility operated by Semper Fi Land, Inc. (Semper Fi). Semper Fi is owned and operated by Robert Velazquez. The compost facility will be developed in accordance to Title 35 Illinois Administrate Code 830 and other Federal, State, and Local rules and regulations. The Site is currently utilized as a residential dwelling and agricultural land. Surrounding land uses include both residential and agricultural. According to the Kendall County Geographic Information Systems (GIS) Online Mapper, the Site is zoned agricultural – special use (A1-SU). Immediately adjoining land uses relative to the Site include: • North—Cannonball Trail followed by cultivated agricultural land. • East— Cultivated agricultural land. • West—Cannonball Trail followed by cultivated agricultural land. • South—Cultivated agricultural land followed by residential use. Logistics and Operation The facility will operate as a composting facility that will utilize only landscape waste including yard waste and other woody material for compost material. Organic waste will not be received or processed at the facility. Approximately 70% of the landscape waste proposed to be received by the facility includes wood material (wood chips, branches and logs) and the other 30% of the material will be yard waste (compost) including leaves, grass clippings and small branches. Landscape waste processed at the facility is delivered by Semper Fi trucks, other landscape waste contractors, or homeowners who have generated landscape waste. The facility will not accept organic waste. The estimated amount of landscape waste to be received by the facility ranges between 100 and 150 yards per day. The maximum the facility anticipates receiving in a day is 250 yards. Business hours for the landscape waste composting facility will be 7:00 a.m. to 3:00 p.m. Monday through Friday. The facility will be closed on Saturday and Sunday. The material processed at the Site will consist of approximately 85% mulch and 15% compost. The landscape waste brought to the facility will be sorted into material requiring Semper Fi Land, Inc. Bristol, Kendall County, Illinois Application for Permit REV – 0 April 17, 2017 Sustainable Environmental Solutions www.deiganassociates.com 5 further processing. The composting operation on-site will be a large-scale composting business, utilizing windrow composting methods to produce compost material. A mixture of composting ingredients will be placed in long, narrow piles. The initial step in constructing the compost pile will be to grind and shred ingredients using an on-site grinder. The grinder will only be operated during the Site operating hours mentioned above. Grinding ingredients also reduces the particle size which increases temperature and thus speeds up the composting process. Materials will then be mixed and the windrow piles will be constructed. The dimensions of the windrows will be approximately 13 feet high by 19 feet wide, and 250 linear feet. A tracked skid-steer and a three-yard wheel loader will be utilized to load the windrow piles. These machines will also be used to turn the windrow piles to redistribute the heat and also aerate the compost, aiding in the decomposition process. Staging areas on-site will be adequate in size and design to facilitate the unloading of landscape waste from delivery vehicles. The southeast portion of the Site operations area will be utilized for vehicle delivery and turnaround, staging of unprocessed materials (drop- off), tub grinder operations, and stockpiled compost material. The processing and staging areas on-site comprise approximately 1.2 acres. Stormwater Runoff Management Stormwater and landscape waste leachate controls as required pursuant to 35 IAC 830.204 and the Kendall County Stormwater Ordinance. Stormwater or other water which comes into contact with landscape waste will be considered landscape waste leachate and will be collected and reused in the process, properly disposed of off-site, or treated as necessary prior to discharge off-site. Stormwater that comes in contact with the site will be collected in the adjacent bioswales within the Site operations area and the filtered water will be collected in the onsite operations settling basin. Further detail detailed design measures are discussed Section B and depicted in Figure 3. Design measures will prevent ponding of landscape waste leachate on-site. Additionally, soil surfaces will not come into contact with the compost piles, as impervious surfaces will be present (depicted in Figure 3). Thus, the compost material will remain in aerobic conditions and drain into the onsite bioswale. A. Hydrology of the Compositing Facility According to the Illinois State Geological Survey (ISGS) Illinois Water Well (ILWATER) Interactive Online Map, the nearest well (API 120932485100) is located approximately 585 feet to the west-southwest of the Site. The ISGS Illinois Water Well Map is included as Figure 4. Semper Fi Land, Inc. Bristol, Kendall County, Illinois Application for Permit REV – 0 April 17, 2017 Sustainable Environmental Solutions www.deiganassociates.com 6 According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Number 17093C0035H, the Site is located outside the boundary of the 10- year and 100-year floodplain (depicted in Figure 5). The design of the facility will prevent any compost material from being placed within five feet of the water table pursuant to 35 IAC 830.203(a)(3). Published groundwater data (obtained from the ISGS ILWATER Interactive Online Map) shows that the static groundwater level at the nearest private water well located approximately 585 feet to the west of the Site (discussed above) is approximately 19 feet below ground surface (bgs). Further, the Site elevation at this well is noted as 669 feet above mean sea level (amsl). Due to the relatively flat topography and no major water body (lake or ocean) nearby, it is likely that groundwater elevation at the Site is similar to that of the nearby well. Thus, it is inferred that due to the location of the water table in relation to site elevation, compost material would not be placed within five feet of the water table. According to 35 IAC Part 830, Standards for Compost Facilities, soil on-site must be “relatively impermeable soil”, meaning soil located above the water table that has a hydraulic conductivity no greater than 1 x 10-5 centimeters per second (cm/sec) for a thickness of at least one foot. Test results from the permeability tests reveal a hydraulic conductivity of 1.33 cm/sec. During the sub-surface investigation on-site on September 2, 2016, a soil boring was advanced to 12 feet below ground surface (bgs). The water table was not encountered during this investigation, thus indicating that the water table is located greater than 12 feet bgs at the Site. To ensure any stormwater that comes in contact with the Site is properly managed, an impermeable surface will be constructed within the entire composting area. The composting area surface will be constructed of impermeable surfaces including asphalt, concrete, compacted asphalt grindings, or another impermeable surface. The impermeable surface will be sloped approximately 1% to 2% from west to east towards the bioswale that will collect and filter the stormwater. Impermeable surfaces will be inspected frequently to ensure compliance. Measures will be taken to correct any impermeable surface imperfections that would otherwise allow infiltration to the native soils below. Detailed below is the current stormwater runoff rate: 𝑄𝑄 (𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝑅𝑅𝑃𝑃𝑅𝑅𝑃𝑃)=𝐶𝐶(𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝐶𝐶𝑅𝑅𝑃𝑃𝑅𝑅𝑅𝑅𝐶𝐶𝐶𝐶𝐶𝐶𝑃𝑃𝑅𝑅𝑅𝑅) 𝐶𝐶 (𝑟𝑟𝑃𝑃𝐶𝐶𝑅𝑅𝑅𝑅𝑃𝑃𝑟𝑟𝑟𝑟 𝐶𝐶𝑅𝑅𝑅𝑅𝑃𝑃𝑖𝑖𝐶𝐶𝑅𝑅𝑖𝑖) 𝐴𝐴 (𝐷𝐷𝑟𝑟𝑃𝑃𝐶𝐶𝑅𝑅𝑃𝑃𝐷𝐷𝑃𝑃 𝐴𝐴𝑟𝑟𝑃𝑃𝑃𝑃) 𝐶𝐶= 0.2 𝐶𝐶2 𝑦𝑦𝑦𝑦. 24 ℎ𝑦𝑦.= 3.04 𝐶𝐶𝑅𝑅𝐶𝐶ℎ𝑃𝑃𝑖𝑖24 − ℎ𝑅𝑅𝑅𝑅𝑟𝑟 Semper Fi Land, Inc. Bristol, Kendall County, Illinois Application for Permit REV – 0 April 17, 2017 Sustainable Environmental Solutions www.deiganassociates.com 7 𝐶𝐶10 𝑦𝑦𝑦𝑦. 24 ℎ𝑦𝑦.= 4.47 𝐶𝐶𝑅𝑅𝐶𝐶ℎ𝑃𝑃𝑖𝑖24 − ℎ𝑅𝑅𝑅𝑅𝑟𝑟 𝐴𝐴= 5.4 𝑃𝑃𝐶𝐶𝑟𝑟𝑃𝑃𝑖𝑖 𝑄𝑄2 𝑦𝑦𝑦𝑦.= 3.23 𝐶𝐶𝑅𝑅𝑐𝑐𝐶𝐶𝐶𝐶 𝑅𝑅𝑃𝑃𝑃𝑃𝑅𝑅 𝑝𝑝𝑃𝑃𝑟𝑟 𝑖𝑖𝑃𝑃𝐶𝐶𝑅𝑅𝑅𝑅𝑠𝑠 (𝐶𝐶𝑅𝑅𝑖𝑖) 𝑄𝑄10 𝑦𝑦𝑦𝑦.= 4.86 𝐶𝐶𝑅𝑅𝑖𝑖 Using the American Society of Civil Engineers Coefficient Table, a runoff coefficient of 0.2 was selected based on the current Site conditions being comprised of majority residential area with vegetation and portions being agricultural lands with crop coverage. Using the duration of 24-hours, the rainfall intensity constants for a 2-year storm and 10- year storm were selected from the Bulletin 70 Rainfall Distribution and Hydroclimatic Characteristics of Heavy Rainstorms in Illinois provided by Illinois State Water Survey. B. Stormwater and Landscape Waste Leachate Controls The Site composting operations only utilize the eastern portion of the property and a driveway connecting Cannonball Trail to the operations area; therefore, the western half of the property will continue to drain as it did prior to this development. Material staged outdoors will be conducted on an improved surface consisting of concrete, asphalt, or compacted asphalt grindings. The Site will be sloped to allow drainage from the composting operations to the bioswale system discussed below. Materials to be staged outdoors will consist of mulch and compost material. Runoff that contacts material and equipment stored outside is managed through the constructed bioswale and settling basins. Drainage within the operations area of the property will be directed to a 250’ bioswale that will collect, infiltrate, and filter runoff from the site. The bioswale will include native plantings that aid in the filtration process through microbial activity removing any contaminates generated from the composting process. During large storm events, water will be diverted to an under-drain system below the bioswale to collect water and transport to the settling basin as depicted on Figure 3. The settling basin will allow for additional storage, infiltration and settlement/treatment of stormwater runoff that is not treated from the bioswale. Excess water from the settling basin will be utilized for dust control operations as well as composting moisture. This allows for a 100% recycling operation of stormwater. A. Site Development Runoff Calculations Semper Fi Land, Inc. Bristol, Kendall County, Illinois Application for Permit REV – 0 April 17, 2017 Sustainable Environmental Solutions www.deiganassociates.com 8 The Site development will consist of a 0.3 acre impervious asphalt pad. To be conservative, calculations have been based on 1.2-acres of impervious surface for the composting area. Detailed below is the stormwater runoff rate with the impervious surface used in the composting area. 𝑄𝑄 (𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝑅𝑅𝑃𝑃𝑅𝑅𝑃𝑃)=𝐶𝐶(𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅 𝐶𝐶𝑅𝑅𝑃𝑃𝑅𝑅𝑅𝑅𝐶𝐶𝐶𝐶𝐶𝐶𝑃𝑃𝑅𝑅𝑅𝑅) 𝐶𝐶 (𝑟𝑟𝑃𝑃𝐶𝐶𝑅𝑅𝑅𝑅𝑃𝑃𝑟𝑟𝑟𝑟 𝐶𝐶𝑅𝑅𝑅𝑅𝑃𝑃𝑖𝑖𝐶𝐶𝑅𝑅𝑖𝑖) 𝐴𝐴 (𝐷𝐷𝑟𝑟𝑃𝑃𝐶𝐶𝑅𝑅𝑃𝑃𝐷𝐷𝑃𝑃 𝐴𝐴𝑟𝑟𝑃𝑃𝑃𝑃) 𝐶𝐶= 0.7 𝐶𝐶2 𝑦𝑦𝑦𝑦. 24 ℎ𝑦𝑦.= 3.04 𝐶𝐶𝑅𝑅𝐶𝐶ℎ𝑃𝑃𝑖𝑖24 − ℎ𝑅𝑅𝑅𝑅𝑟𝑟 𝐶𝐶10 𝑦𝑦𝑦𝑦. 24 ℎ𝑦𝑦.= 4.47 𝐶𝐶𝑅𝑅𝐶𝐶ℎ𝑃𝑃𝑖𝑖24 − ℎ𝑅𝑅𝑅𝑅𝑟𝑟 𝐴𝐴= 1.2 𝑃𝑃𝐶𝐶𝑟𝑟𝑃𝑃𝑖𝑖 𝑄𝑄2 𝑦𝑦𝑦𝑦.= 2.51 𝐶𝐶𝑅𝑅𝑐𝑐𝐶𝐶𝐶𝐶 𝑅𝑅𝑃𝑃𝑃𝑃𝑅𝑅 𝑝𝑝𝑃𝑃𝑟𝑟 𝑖𝑖𝑃𝑃𝐶𝐶𝑅𝑅𝑅𝑅𝑠𝑠 (𝐶𝐶𝑅𝑅𝑖𝑖) 𝑄𝑄10 𝑦𝑦𝑦𝑦.= 3.78 𝐶𝐶𝑅𝑅𝑖𝑖 Using the American Society of Civil Engineers Coefficient Table, a runoff coefficient of 0.7 was selected based on the Site being developed with an impervious surface. The Site is relatively flat, with an approximated drainage slope of 0.3%. Using the duration of 24- hours, the rainfall intensity constants for a 2-year storm and 10-year storm were selected from the Bulletin 70 Rainfall Distribution and Hydroclimatic Characteristics of Heavy Rainstorms in Illinois provided by Illinois State Water Survey. B. Bioswale Sizing The bioswale has been designed to infiltrate 50% of the largest designed storm event. Stormwater that falls onto the impervious site operations area will be directed to the 250’ linear bioswale located along the east portion of the property. The impervious surface within the operations area will slope approximately 1% to 2% from west to east to allow for drainage into the bioswale and eliminate any non-stormwater discharge from the Site. The bioswale will be 250’ in length, 5’ in width, and a minimum 12” in depth. The bioswale will be backfilled with the permeable soils and planted with native species to promote infiltration. Test results from a Site permeability tests reveal a hydraulic conductivity of 1.33 cm/sec. Side slopes within the bioswale will be no greater than 3:1. Native plantings will include grasses and a couple of varieties of flower plants for a visual aesthetics. The Semper Fi Land, Inc. Bristol, Kendall County, Illinois Application for Permit REV – 0 April 17, 2017 Sustainable Environmental Solutions www.deiganassociates.com 9 bioswale will be sloped approximately 0.3% to 0.5% longitudinally to allow for flow of excess filtered stormwater to the settling basin. To accommodate large storm events a perforated pipe will be placed approximately 12” longitudinal below ground surface that will drain into a sedimentation basin discussed in the following Section. In the event the bioswale becomes inundated with stormwater, water will move to a 12” diameter perforated pipe embedded in open graded aggregate wrapped in filter fabric to transport to the settling basin. This pipe will be flat in order to encourage infiltration for stormwater cleansing before leaving the pipe to the settling basin. 𝑠𝑠 (𝑝𝑝𝐶𝐶𝑝𝑝𝑃𝑃 𝑠𝑠𝐶𝐶𝑃𝑃𝑑𝑑𝑃𝑃𝑅𝑅𝑃𝑃𝑟𝑟)= �4 𝑄𝑄10 𝑦𝑦𝑦𝑦.𝜋𝜋 𝑣𝑣 𝐴𝐴𝑖𝑖𝑖𝑖𝑅𝑅𝑑𝑑𝑃𝑃𝑠𝑠 𝑣𝑣𝑃𝑃𝑟𝑟𝑅𝑅𝐶𝐶𝐶𝐶𝑅𝑅𝑖𝑖 (𝑣𝑣)= 5 𝑅𝑅𝑅𝑅/𝑖𝑖 𝑠𝑠 (𝑝𝑝𝐶𝐶𝑝𝑝𝑃𝑃 𝑠𝑠𝐶𝐶𝑃𝑃𝑑𝑑𝑃𝑃𝑅𝑅𝑃𝑃𝑟𝑟)= 11.8 𝐶𝐶𝑅𝑅𝐶𝐶ℎ𝑃𝑃𝑖𝑖 C. Settling Basin Sizing Stormwater that is not able to be infiltrated through the natural soils will flow through the 12” diameter perforated pipe that is sloped longitudinally 0.5% to 2.0% towards the settling basin. 𝑉𝑉𝑅𝑅𝑟𝑟𝑅𝑅𝑑𝑑𝑃𝑃 𝑆𝑆𝑅𝑅𝑅𝑅𝑟𝑟𝑃𝑃𝐷𝐷𝑃𝑃=𝐶𝐶10 𝑦𝑦𝑦𝑦 24 ℎ𝑦𝑦∗ 𝐶𝐶𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷∗ 𝐴𝐴𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷 𝑉𝑉𝑅𝑅𝑟𝑟𝑅𝑅𝑑𝑑𝑃𝑃 𝑆𝑆𝑅𝑅𝑅𝑅𝑟𝑟𝑃𝑃𝐷𝐷𝑃𝑃= 4.47 𝐶𝐶𝑅𝑅∗1 𝑅𝑅𝑅𝑅12 𝐶𝐶𝑅𝑅∗0.7 ∗1.2 𝑃𝑃𝐶𝐶𝑟𝑟𝑃𝑃𝑖𝑖∗43560 𝑅𝑅𝑅𝑅21 𝑃𝑃𝐶𝐶 𝑉𝑉𝑅𝑅𝑟𝑟𝑅𝑅𝑑𝑑𝑃𝑃 𝑆𝑆𝑅𝑅𝑅𝑅𝑟𝑟𝑃𝑃𝐷𝐷𝑃𝑃 𝑁𝑁𝑃𝑃𝑃𝑃𝑠𝑠𝑃𝑃𝑠𝑠=13,629.9 𝑅𝑅𝑅𝑅3 The bioswale provides approximately 1,650 ft3 of stormwater storage. The bioswale has been designed to infiltrate 50% of the largest designed storm event. The volume of stormwater storage required for a settling basin, if 50% of the stormwater is infiltrated in the bioswale and 1,650 ft3 of stormwater can be stored is 5,164 ft3. A conservative approach is to allow for excess storage in the basin. 𝐵𝐵𝑃𝑃𝑖𝑖𝐶𝐶𝑅𝑅 𝑆𝑆𝐶𝐶𝑆𝑆𝑃𝑃(𝑅𝑅𝑟𝑟𝑅𝑅𝑅𝑅𝐶𝐶𝑃𝑃𝑅𝑅𝑃𝑃𝑠𝑠 𝑟𝑟𝐶𝐶𝐷𝐷ℎ𝑅𝑅 𝑝𝑝𝑖𝑖𝑟𝑟𝑃𝑃𝑑𝑑𝐶𝐶𝑠𝑠) = 54 𝑅𝑅𝑅𝑅 (𝑟𝑟) 𝑐𝑐𝑖𝑖 40 𝑅𝑅𝑅𝑅 (𝑤𝑤) 𝑐𝑐𝑖𝑖 5 𝑅𝑅𝑅𝑅 (𝑠𝑠)= 5,250 𝑅𝑅𝑅𝑅3 Semper Fi Land, Inc. Bristol, Kendall County, Illinois Application for Permit REV – 0 April 17, 2017 Sustainable Environmental Solutions www.deiganassociates.com 10 The settling basin will allow for additional settlement/treatment of stormwater runoff that is not treated from the bioswale. Excess water from the settling basin will be utilized for dust control operations as well as composting moisture. This allows for a 100% recycling operation of stormwater. A detail of the settling basin layout and storage calculation is shown on Figure 6. C. Additional Permitting Requirements Construction of the facility will require a NPDES Permit for Construction Site Activities from the Illinois Environmental Protection Agency. A Notice of Intent for General Permit will be filed no later than 30 days prior to commencement of construction and will include a Storm Water Pollution Prevention Plan (SWPPP). Date: Aug 12, 2016 1996 Cannonball Trail, Bristol, Illinois 156THE DEAD RIVER | WATERSHED - BASED PLAN Bioswale Defi nition Vegetated swale system with an infi ltration trench designed to retain and temporarily store stormwater. Bioswales are planted with native grasses and forbs that enhance fi ltration, cooling, and cleansing of water in order to improve water quality and prevent sealing of subsoils. ¾ Benefi ts Design Considerations ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾Site Stormwater BMPsReduces impervious runoff volumes and rates. Recharges groundwater and sustains base fl ows. Reduces sediment and nutrient runoff. Can reduce detention needs. Bioswales must be sized and designed to account for drainage area and soils. Filtration benefi ts can be improved by planting native deep- rooted vegetation. Infi ltration storage should be designed to drain in 24 hours to prevent sealing of subsoils. Topsoil should be amended with compost and/or sand to improve organic content for fi ltering and to achieve adequate infi ltration rates. Bioswales should be protected from construction site runoff to prevent sealing of topsoil and/or subsoils. Direct entry of stormwater runoff into infi ltration trench should be prevented to preserve groundwater quality and to prevent sealing of subsoils. Underdrain should be suffi ciently low in the trench to provide adequate drainage of aggregate base of adjacent paved areas but suffi ciently high to provide infi ltration storage. 6’-0” bioswale sand/soil/compost mix perforated underdrain cross section of bioswale (Conservation Design Forum) bioswale in a parking lot (Tellabs, Napeville, IL) (Conservation Design Forum) infi ltration trench Vegetated swale system with an infi ltration trench designed to retain and temporarily store stormwater. Bioswales are planted with native grasses and forbs that enhance fi ltration, cooling, and cleansing of water in order to improve water quality and prevent sealing of subsoils. Applicability Scale Effectiveness Watershed/County Roofs Streets Parking Lots Lawn ¾ ¾ Applications Retrofi t New¾ Town/Village Neighborhood Lot Driveways Sensitive Areas Runoff Rate Control Runoff Volume Control Nutrient Control BOD Control Physical Habitat Preservation/ Creation Other Pollutant Control Sediment Pollution Control Preventive Remedial Ongoing/ Maintenance © Conservation Design Forum© Conservation Design Forum ZPAC Meeting Minutes 5.2.17 Page 1 ZONING, PLATTING & ADVISORY COMMITTEE (ZPAC) May 2, 2017 – Meeting Minutes Senior Planner Matt Asselmeier called the meeting to order at 9:05 a.m. Present: John Burscheid – Highway Department Jason Langston – Sheriff’s Office Aaron Rybski – Health Department David Guritz – Forest Preserve (Arrived at 9:12 a.m.) Megan Andrews – Soil & Water Conservation District Robert Davidson – PBZ Committee Chair (Arrived at 9:14 a.m.) Matt Asselmeier – PBZ Department Absent: Brian Holdiman – PBZ Department Greg Chismark – WBK Engineering, LLC Audience: Robert Velazquez, Jeff Corneils and Robert Walker AGENDA Mr. Rybski made a motion, seconded by Ms. Andrews, to approve the agenda as proposed. With a voice vote of all ayes the motion carried. MINUTES Ms. Andrews made a motion, seconded by Mr. Rybski, to approve the March 7, 2017 meeting minutes. With a voice vote of all ayes the motion carried. PETITION 17-09 Semper Fi Land, Inc. (Robert Velazquez) – Special Use Request to Operate a Landscape Waste Composting Facility at 1996 Cannonball Trail Approximately 0.5 Miles South of Galena Road in Bristol Township (PIN 02-15-101-003) Mr. Asselmeier provided a summary of the request. The petitioner desires to operate a landscape waste composting facility at the subject property. The petitioner already possesses a special use permit to operate a landscaping business at the property; the petitioner lives at the subject property. The property is zoned A-1 Agricultural District. All of the adjoining properties are zoned Residential and are inside the boundaries of the United City of Yorkville. The Land Resource Management Plan calls for the area to be Rural Residential. As part of the previous special use permit, the petitioner had to dedicate a certain amount of land for trails. The petitioner has dedicated the requested land. The Highway Department requested that the special use plat classify this area as right-of-way instead of trails only. The EcoCat consultation was terminated and the LESA score was 169. Ms. Andrews stated that the proposed use would not prevent the property from reverting to other agricultural uses in the future. The petitioner agreed to follow the standard noise regulations of 65 dBA during the day and 55 dBA during the night as measured at the property line. The petitioner will have a sign as listed in their business plan. The petitioner agreed to have all vehicles and equipment that could be placed inside during non-operational hours be placed inside one of the buildings. WBK provided a letter regarding the petitioner’s stormwater plans. The petitioner is working with his engineer to address the items mentioned in the letter. ZPAC Meeting Minutes 5.2.17 Page 2 The requirements for landscape waste composting facilities were discussed and the petitioner agreed to all of the requirements of the Zoning Ordinance. The petitioner agreed to cease operations at 3:00 p.m. and not have Saturday hours. Mr. Rybski discussed soil and water sampling and host fee as they relate to this type of business. Mr. Rybski felt that the regulations were scalable and that the proposed business should follow the same regulations as other landscape waste composting facilities. The water and soil sampling should occur at least once per year; the Health Department would conduct additional sampling if complaints arose. The Health Department also conducts site visits. For the other company, the weights are reported with the payment of the host fee. The petitioner would like to cap the amount of material at 26,000 cubic yards per year. Based on the proposed host fee of $0.80 per ton, the petitioner would have to pay about $6,700 per year. The petitioner agreed to track type of material and quantity measured by size of truck. The conversion factor is 3.3. The petitioner agreed to pay the same host fee on a monthly basis. Mr. Davidson asked what the petitioner was going to do with the yard waste. Mr. Velazquez responded he would process everything in a tub grinder and make into a compost or mulch for reuse on projects. Mr. Davidson requested a bond be created to fund a cleanup of the site if the petitioner abandoned the property. The petitioner agreed to research bond information. Mr. Davidson also requested a limit be placed on the amount of material be placed on the property. The petitioner agreed to cap the height of piles of material at 20 feet. The petitioner hopes to start operations in 2018. Mr. Langston asked where the petitioner would get his material and if the business would cause an increase in traffic on Cannonball Trail. Mr. Velazquez responded that the majority of material would be generated from his business, but that he would accept material from other sources, small landscape businesses. He plans to have a maximum five (5) people onsite and does not anticipate an increase of traffic on Cannonball Trail because of his business. Discussion occurred regarding fencing and buffering. The petitioner agreed to install evergreens along the east, south, and southwest portion of the property. A gravel road shall be installed this fall. Mr. Corneils expressed concerns regarding odor. There was no definitive answer to this concern, but Mr. Velazquez believes that the size of the operation will minimize odor. Mr. Walker asked about the size of trucks going onto the property. The petitioner responded that material be dumped at his shop and then hauled to the site. Mr. Rybski made a motion, seconded by Ms. Andrews, to forward the petition onto the Plan Commission with a favorable recommendation subject to the following conditions: 1. The special use plat shall be amended to show a dedicated ROW instead of a trail. 2. The host fee shall be the same as the fee paid by Green Organics ($0.80 per ton until November 30, 2019 then the fee goes to $0.85 per ton starting December 1, 2019). 3. The host fee shall be converted to per cubic yard. 4. The host fee shall be paid monthly. 5. The petitioner shall create a form to track deliveries and quantities. 6. Sampling of water shall occur at least one (1) time per year. 7. Sampling of soil shall occur at least one (1) time per year. 8. The petitioner shall supply a bond to Kendall County to fund the cleanup of the site. The petitioner shall research dollar amounts for the bond. 9. No piles of materials shall be stacked higher than 20 feet. 10. The petitioner shall plant evergreen trees along the eastern, southern and southwestern property lines for screening. 11. The petitioner shall maintain the existing tree line. 12. The petitioner shall replace trees as quickly as possible if they die or severely damaged. ZPAC Meeting Minutes 5.2.17 Page 3 By a roll call vote, the motion passed unanimously. UPDATES OF PETITIONS Mr. Asselmeier reported that the Delaney Gun Range Case will go before the PBZ Committee on May 8th and the Pagel rezoning case will also go before the PBZ Committee on May 8th. The request by DKR Group on Walker Road was withdrawn by the petitioner. REVIEW OF PETITIONS THAT WENT TO COUNTY BOARD Mr. Asselmeier reported that the rezoning of 790 Eldamain Road from A-1 to M-1 went to the County Board on April 18th. Because Yorkville filed a formal objection, eight (8) members of the County Board were needed to approval the proposal and seven (7) members of the Board were present when the item came up for discussion. The proposal will go before the County Board on May 2nd. OLD BUSINESS None NEW BUSINESS None ADJOURNMENT Ms. Andrews made a motion, seconded by Mr. Guritz, to adjourn. With a voice vote of all ayes, the motion carried. The ZPAC, at 9:50 a.m., adjourned. !Cannonball TrlWest StHunt St North St Hunter Ln Corneils Rd Charity Ln Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community 1996 Cannon ball Trail | 1/8 Mile Buffer United City of York ville, Illinois York ville GIS 20 17 1/8 Mile BufferCentered at1996 C annonball Trail BRISTOL RID GE DEVELOPMENT 1/8 MILE BUFFER1/8 MILE BUFFERCannonball TrlGalena RdWest StCorneils RdHunt StNorth StBRISTOL RIDGE PLAT OF ZONINGYORKVILLE, ILLINOISN Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo and report. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Planning & Zoning Commission #2 Tracking Number EDC 2017-31 & PZC 2017-06 Telecommunications Tower and Antenna Regulations City Council - June 27, 2017 Majority Vote Text Amendment request to the Zoning Ordinance regarding small cell antennas. Krysti J. Barksdale-Noble, AICP Community Development Name Department Summary: Consideration of a text amendment to Chapter 18: Telecommunication and Antenna Regulations of the Zoning Ordinance regarding Small Cell Antennas. The proposed changes to Chapter 18, includes an updated definition of “Antenna” to make it more general so that it incorporates other antennas rather than just those regulated by the FCC. The definitions were also cleaned up to eliminate items that are no longer relevant if any Antenna being constructed is located within the public right of way and also cross references Chapter 8 Construction of Utility Facilities in Rights in Title 7: Way of the Public Ways and Property. Planning and Zoning Commission Action The Planning and Zoning Commission reviewed the proposed text amendment to the Yorkville Zoning Ordinance at a public hearing held on June 14, 2017 and made the following action on the motion below: In consideration of testimony presented during a Public Hearing on June 14, 2017, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Chapter 18 Telecommunication and Antenna Regulations of the United City of Yorkville Zoning Ordinance as it relates to Small Cell Antennas presented by staff in a memorandum dated April 26, 2017. Action Item: Harker-aye; Olson-aye; Horaz-aye ; Goins-aye; Marcum-aye 5 ayes; 0 no Attachments: 1. Staff memorandum to the Planning and Zoning Commission dated April 26, 2017. 2. Title 10: Zoning Chapter 18: Telecommunication Tower and Antenna Regulations with redlined revisions. 3. Title 7: Public Ways and Property Chapter 8: Construction of Utility Facilities in Rights of Way with redlined revisions. Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: June 27, 2017 Subject: PZC 2017-06 – Text Amendment to Chapter 18 Telecommunication and Antenna Regulations for Small Cell Antennas Summary Consideration of a text amendment to Chapter 18: Telecommunication and Antenna Regulations of the Zoning Ordinance regarding Small Cell Antennas. Background Municipalities throughout Illinois have seen a proliferation of small cell antenna applications from wireless/phone companies for both an array of improvements to existing utility poles and new poles within the right of way. Driven by the vast increase in data usage on cell phones, companies around the country are trying to find cheaper, easier ways to increase network capacity. Below are links to a sampling of articles regarding the increase of small cell antennas and government regulation of them: • http://www.fiercewireless.com/wireless/mobilitie-downplays-small-cell-concerns-says-sprint-really- spending-network-upgrades • http://www.rcrwireless.com/20170322/network-infrastructure/small-cell-siting-update-tag4 The City received two small cell tower applications from a company over the past few months. The initial request was for an 80’ wooden monopole within the right-of-way adjacent to City Hall. This application was denied for a variety of reasons, and the company reapplied for an eight foot (~8’) antenna to be attached to an existing ComEd power pole on Game Farm Road, southwest of City Hall. This application was reviewed by staff and processed in accordance with the current ordinance, with minimal issue. This application would have been processed in a substantially similar matter under the ordinance referenced below, and staff did not have a legal basis to withhold issuance of the permit for the work. The staff let the applicant know that future work would have to be subject to the new ordinance. The Illinois Municipal League (IML) published a model Small Cell Antenna/Tower Siting Ordinance, addressing regulations for the expanding use of municipal rights-of-way. Staff took the model and incorporated the recommendations for the Small Cell Antennas into Chapter 8 Construction of Utility Facilities in Rights in Title 7: Way of the Public Ways and Property, as well as Chapter 18 Telecommunication and Antenna Regulations of Title 10: Zoning in Yorkville’s Codified Ordinances. Both of these ordinances were reviewed by the Public Works Committee on May 16th with favorable recommendations and now the Planning and Zoning Commission will be reviewing Chapter 18 for consideration of its impact to the Zoning Ordinance as a result of the proposed a text amendment. Final consideration of both amended chapters will be made by the City Council at an upcoming meeting. Staff is providing both proposed revised chapters to the Planning and Zoning Commission so that a full understanding of the changes are presented for your consideration, however, only Chapter 18 will be voted upon. Memorandum To: Planning and Zoning Commission From: Erin Willrett, Assistant City Administrator CC: Krysti J. Barksdale-Noble, Community Development Director Date: April 26, 2017 Subject: PZC 2017-06 – Text Amendment to Chapter 18 Telecommunication and Antenna Regulations for Small Cell Antennas In the attached red-lined version of Chapter 8, staff added several definitions per the IML recommended ordinance. An “Alternative Antenna Structure” definition was added. The Alternative Antenna Structure is what was used to place the newest small cell tower within the City, which was allowable under the current version of the Ordinance. A definition was also added for “Monopole” which was what the company that pursued the City originally applied for a permit to construct. Within Chapter 8, Section 15, Location of Facilities, Free Standing Facilities – Above Ground, staff added nine additional requirements for above ground free standing facilities per the IML. They range from the number of allowable small cell facilities on an alternative antenna structure, to the height of the structures and/or antenna and also the color of the new structure and/or antenna. All of the items that were added limit the small cell companies from installing a number of poles that are unsightly and tall. All other items and processes within the Chapter remain the same. A permit is required for construction and will be reviewed by staff and the variance process also remains the same. The changes to Chapter 18, which are also red-lined, include an updated definition of “Antenna” to make it more general so that it includes other Antenna’s other than those regulated by the FCC. The definitions were also cleaned up to eliminate items that are no longer relevant. The Ordinance also cross references Chapter 8 if any Antenna being constructed is located within the public right of way. Recommendation Staff recommends approval of the updates to Chapter 18 Telecommunication and Antenna Regulations as it relates to Small Cell Antennas as it establishes a consistent measurement requirement for distances in-between the antennas and/or towers, regardless if it is on private property or public right of way. Proposed Motion for Amendment In consideration of testimony presented during a Public Hearing on June 14, 2017, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Chapter 18 Telecommunication and Antenna Regulations of the United City of Yorkville Zoning Ordinance as it relates to Small Cell Antennas presented by staff in a memorandum dated April 26, 2017 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments 1. Title 10: Zoning Chapter 18: Telecommunication Tower and Antenna Regulations with redlined revisions. 2. Title 7: Public Ways and Property Chapter 8: Construction of Utility Facilities in Rights of Way with redlined revisions. Chapter 8 CONSTRUCTION OF UTILITY FACILITIES IN RIGHTS OF WAY 7-8-1: PURPOSE AND SCOPE: 7-8-2: DEFINITIONS: 7-8-3: ANNUAL REGISTRATION REQUIRED: 7-8-4: PERMIT REQUIRED; APPLICATIONS AND FEES: 7-8-5: ACTION ON PERMIT APPLICATIONS: 7-8-6: EFFECT OF PERMIT: 7-8-7: REVISED PERMIT DRAWINGS: 7-8-8: INSURANCE: 7-8-9: INDEMNIFICATION: 7-8-10: SECURITY: 7-8-11: PERMIT SUSPENSION AND REVOCATION: 7-8-12: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL STATUS: 7-8-13: GENERAL CONSTRUCTION STANDARDS: 7-8-14: TRAFFIC CONTROL: 7-8-15: LOCATION OF FACILITIES: 7-8-16: CONSTRUCTION METHODS AND MATERIALS: 7-8-17: VEGETATION CONTROL: 7-8-18: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY FACILITIES: 7-8-19: CLEANUP AND RESTORATION: 7-8-20: MAINTENANCE AND EMERGENCY MAINTENANCE: 7-8-21: VARIANCES: 7-8-22: PENALTIES: 7-8-23: ENFORCEMENT: 7-8-1: PURPOSE AND SCOPE: A. Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities on rights of way within the city's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city rights of way and the city as a whole. B. Intent: In enacting this chapter, the city intends to exercise its authority over the rights of way in the city and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation: 1. Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; 2. Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; 3. Prevent interference with the facilities and operations of the city's utilities and of other utilities lawfully located in rights of way or public property; 4. Protect against environmental damage, including damage to trees, from the installation of utility facilities; 5. Protect against increased storm water runoff due to structures and materials that increase impermeable surfaces; 6. Preserve the character of the neighborhoods in which facilities are installed; 7. Preserve open space, particularly the tree lined parkways that characterize the city's residential neighborhoods; 8. Prevent visual blight from the proliferation of facilities in the rights of way; and 9. Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations. C. Facilities Subject To This Chapter: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the city. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement. D. Franchises, Licenses, Or Similar Agreements: The city, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the city rights of way. Utilities that are not required by law to enter into such an agreement may request that the city enter into such an agreement. In such an agreement, the city may provide for terms and conditions inconsistent with this chapter. E. Effect Of Franchises, Licenses, Or Similar Agreements: 1. Utilities Other Than Telecommunications Providers: In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the city, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof. 2. Telecommunications Providers: In the event of any conflict with, or inconsistency between, the provisions of this chapter and the provisions of any franchise, license or similar agreement between the city and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof. F. Conflicts With Other Chapters: This chapter supersedes all chapters or parts of chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict. G. Conflicts With State And Federal Laws: In the event that applicable federal or state laws or regulations conflict with the requirements of this chapter, the utility shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations. H. Sound Engineering Judgment: The city shall use sound engineering judgment when administering this chapter and may vary the standards, conditions, and requirements expressed in this chapter when the city so determines. Nothing herein shall be construed to limit the ability of the city to regulate its rights of way for the protection of the public health, safety and welfare. (Ord. 2007- 97, 12-18-2007) 7-8-2: DEFINITIONS: As used in this chapter and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this section. Any term not defined in this section shall have the meaning ascribed to it in 92 Illinois administrative code section 530.30, unless the context clearly requires otherwise. AASHTO: American Association of State Highway and Transportation Officials. ALTERNATIVE ANTENNA STRUCTURE: An existing pole or other structure within the public right- of-way that can be used to support an antenna and is not a utility pole or a City-owned infrastructure. Designed to shield, conceal or disguise the presence of antennas or towers and blend with the surrounding setting. Alternative structures may include, but are not limited to, unobtrusive architectural features on new or existing structures, clock towers, flagpoles and church steeples. ANSI: American National Standards Institute. ANTENNA: Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services. ASTM: American Society for Testing and Materials. APPLICANT: A person applying for a permit under this chapter. BACKFILL: The methods or materials for replacing excavated material in a trench or pit. BORE OR BORING: To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor. CABLE OPERATOR: That term as defined in 47 USC 522(5). CABLE SERVICE: That term as defined in 47 USC 522(6). CABLE SYSTEM: That term as defined in 47 USC 522(7). CARRIER PIPE: The pipe enclosing the liquid, gas or slurry to be transported. CASING: A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices. CITY: The united city of Yorkville, Illinois. CITY –OWNED INFRASTRUCTURE: Infrastructure in public right-of-way within the boundaries of the city, including, but not limited to, streetlights, traffic signals, towers, structures, or buildings owned, operated or maintained by the City. CLEAR ZONE: The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear run out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO "Roadside Design Guide". COATING: Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion. CODE: The municipal code of the united city of Yorkville, Illinois. CONDUCTOR: Wire carrying electrical current. CONDUIT: A casing or encasement for wires or cables. CONSTRUCTION OR CONSTRUCT: The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities. COVER: The depth of earth or backfill over buried utility pipe or conductor. CROSSING FACILITY: A facility that crosses one or more right of way lines of a right of way. DIRECTOR OF PUBLIC WORKS: The city director of public works or his or her designee. DISRUPT THE RIGHT OF WAY: For the purposes of this chapter, any work that obstructs the right of way or causes a material adverse effect on the use of the right of way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a highway. DISTRIBUTED ANTENNA SYSTEM (DAS): A type of personal wireless telecommuniciation facility consisting of a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area. Generally serves multiple characters. EMERGENCY: Any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right of way or immediate maintenance required for the health and safety of the general public served by the utility. ENCASEMENT: Provision of a protective casing. ENGINEER: The city engineer or his or her designee. EQUIPMENT: Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities. EXCAVATION: The making of a hole or cavity by removing material,or laying bare by digging. EXTRA HEAVY PIPE: Pipe meeting ASTM standards for this pipe designation. FACILITY: All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights of way under this chapter. For purposes of this chapter, the term "facility" shall not include any facility owned or operated by the city. FREESTANDING FACILITY: A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station. FRONTAGE ROAD: Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access to a highway. HAZARDOUS MATERIALS: Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the city engineer to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation. HIGHWAY: A specific type of right of way used for vehicular traffic including rural or urban roads or streets. "Highway" includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic. HIGHWAY CODE: The Illinois highway code, 605 Illinois Compiled Statutes 5/1-101 et seq., as amended from time to time. HOLDER: A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to the Illinois cable and video competition law, 220 Illinois Compiled Statutes 5/21-401. ICC: Illinois commerce commission. IDOT: Illinois department of transportation. JULIE: The joint utility locating information for excavators utility notification program. JACKING: Pushing a pipe horizontally under a roadway bymechanical means with or without boring. JETTING: Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe. JOINT USE: The use of pole lines, trenches or other facilities by two (2) or more utilities. LANDSCAPE SCREENING: The installation at grade of plantings, shrubbery, bushes or other foliage intended to screen the base of a personal wireless telecommunication facility from public view. MAJOR INTERSECTION: The intersection of two (2) or more major arterial highways. MONOPOLE: A structure composed of a single spire, pole or tower designed and used to support antennas or related equipment and that is not a utility pole, an alternative antenna structure, or a City-owned infrastructure. OCCUPANCY: The presence of facilities on, over or under right of way. PARALLEL FACILITY: A facility that is generally parallel or longitudinal to the centerline of a right of way. PARKWAY: Any portion of the right of way not improved by street or sidewalk. PAVEMENT CUT: The removal of an area of pavement for access to a facility or for the construction of a facility. PERMITTEE: That entity to which a permit has been issued pursuant to sections 7-8-4 and 7-8-5 of this chapter. PERSONAL WIRELESS TELECOMMUNICATION ANTENNA: An antenna that is part of a personal wireless telecommunications facility. PERSONAL WIRELESS TELECOMMUNICATION EQUIPMENT: Equipment, exclusive of an antenna, that is part of a personal wireless telecommunications facility. PERSONAL WIRELESS TELECOMMUNICATION FACILITY: An antenna, equipment, and related improvements used, or designed to be used, to provide wireless transmission of voice, data video streams, images, or other information including, but not limited to, cellular phone service, personal communication service, paging, and Wi-Fi antenna service. PETROLEUM PRODUCTS PIPELINES: Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal slurry. PRACTICABLE: That which is performable, feasible or possible, rather than that which is simply convenient. PRESSURE: The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig). PROMPT: That which is done within a period of time specified by the city. If no time period is specified, the period shall be thirty (30) days. PUBLIC ENTITY: A legal entity that constitutes or is part of the government, whether at local, state or federal level. RESTORATION: The repair of a right of way, highway, roadway, or other area disrupted by the construction of a facility. RIGHT OF WAY OR RIGHTS OF WAY: Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the city has the right and authority to authorize, regulate or permit the location of facilities other than those of the city. "Right of way" or "rights of way" shall not include any real or personal city property that is not specifically described in the previous two (2) sentences and shall not include city buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right of way. ROADWAY: That part of the highway that includes the pavement and shoulders. SALE OF TELECOMMUNICATIONS AT RETAIL: The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale. SECURITY FUND: That amount of security required pursuant to section 7-8-10 of this chapter. SHOULDER: A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement. SMALL CELL FACILITIES: A Personal Wireless Telecommunications Facility consisting of an antenna and related equipment either installed singly or as part of a network to provide coverage or enhance capacity in a limited defined area. Generally single-service provide installation. SOUND ENGINEERING JUDGMENT: A decision(s) consistent with generally accepted engineering principles, practices and experience. TELECOMMUNICATIONS: This term includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. "Private line" means a dedicated nontraffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations. "Telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end to end communications. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the cable communications act of 1984 (47 USC section 521 and following), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the city through an open video system as defined in the rules of the federal communications commission (47 CFR section 76.1500 and following), as now or hereafter amended. TELECOMMUNICATIONS PROVIDER: Any person that installs, owns, operates or controls facilities in the right of way used or designed to be used to transmit telecommunications in any form. TELECOMMUNICATIONS RETAILER: Means and includes every person engaged in making sales of telecommunications at retail as defined herein. TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers, and that is not a utility pole, an alternative antenna structure, or a City-owned infrastructure. TRENCH: A relatively narrow open excavation for the installation of an underground facility. UTILITY: The individual or entity owning or operating any "facility" as defined in this chapter. UTILITY POLE: An upright pole designed and used to support electric cables, telephone cables, telecommunication cables, cable service cables, which are used to provide lighting, traffic control, signage, or a similar function. VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing. VIDEO SERVICE: That term as defined in section 21-201(v) of the Illinois cable and video competition law of 2007, 220 Illinois Compiled Statutes 21-201(v). WATER LINES: Pipelines carrying raw or potable water. WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material. (Ord. 2007-97, 12-18-2007) WI-FI ANTENNA: An antenna used to support Wi-Fi broadband Internet access service based on the IEEE 802.11 standard that typically uses unlicensed spectrum to enable communication between devices. 7-8-3: ANNUAL REGISTRATION REQUIRED: Every utility that occupies right of way within the city shall register on January 1 of each year with the engineer, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right of way and a twenty four (24) hour telephone number for each such person, and evidence of insurance as required in section 7-8-8 of this chapter, in the form of a certificate of insurance. (Ord. 2007-97, 12-18-2007) 7-8-4: PERMIT REQUIRED; APPLICATIONS AND FEES: A. Permit Required: No person shall construct (as defined in this chapter) any facility on, over, above, along, upon, under, across, or within any city right of way which: 1) changes the location of the facility, 2) adds a new facility, 3) disrupts the right of way (as defined in this chapter), or 4) materially increases the amount of area or space occupied by the facility on, over, above, along, under, across or within the right of way, without first filing an application with the city engineer and obtaining a permit from the city therefor, except as otherwise provided in this chapter. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right of way. B. Permit Application: All applications for permits pursuant to this chapter shall be filed on a form provided by the city and shall be filed in such number of duplicate copies as the city may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. C. Minimum General Application Requirements: The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following: 1. The utility's name and address and telephone and telecopy numbers; 2. The applicant's name and address, if different than the utility, its telephone and telecopy numbers, e- mail address, and its interest in the work; 3. The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application; 4. A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed; 5. Evidence that the utility has placed on file with the city: a. A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the "Illinois Manual On Uniform Traffic Control Devices", to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and b. An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the city and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this section unless the city finds that additional information or assurances are needed; 6. Drawings, plans and specifications showing the work proposed, including the certification of an Illinois licensed professional engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations; 7. Evidence of insurance as required in section 7-8-8 of this chapter; 8. Evidence of posting of the security fund as required in section 7-8-10 of this chapter; 9. Any request for a variance from one or more provisions of this chapter (see section 7-8-21 of this chapter); and 10. Such additional information as may be reasonably required by the city. D. Supplemental Application Requirements For Specific Types Of Utilities: In addition to the requirements of subsection C of this section, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application: 1. In the case of the installation of a new electric power, communications, telecommunications, cable television service, video service or natural gas distribution system, evidence that any "certificate of public convenience and necessity" or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority; 2. In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures; 3. In the case of water lines, indicate that all requirements of the Illinois environmental protection agency, division of public water supplies, have been satisfied; 4. In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois environmental protection agency, division of water pollution control, the metropolitan water reclamation district, and the Yorkville-Bristol sanitary district have been satisfied; or 5. In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed. E. Applicant's Duty To Update Information: Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the city within thirty (30) days after the change necessitating the amendment. F. Application Fees: Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this chapter shall be accompanied by a fee in the amount of fifty dollars ($50.00). No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the electricity infrastructure maintenance fee act. (Ord. 2007-97, 12-18-2007) 7-8-5: ACTION ON PERMIT APPLICATIONS: A. City Review Of Permit Applications: Completed permit applications, containing all required documentation, shall be examined by the city engineer within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the city engineer shall reject such application in writing, stating the reasons therefor. If the city engineer is satisfied that the proposed work conforms to the requirements of this chapter and applicable ordinances, codes, laws, rules, and regulations, the city engineer shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the city engineer, that the construction proposed under the application shall be in full compliance with the requirements of this chapter. B. Additional City Review Of Applications Of Telecommunications Retailers: 1. Pursuant to section 4 of the telephone company act, 220 Illinois Compiled Statutes 65/4, a telecommunications retailer shall notify the city that it intends to commence work governed by this chapter for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the city not less than forty five (45) days prior to the commencement of work requiring no excavation and not less than forty five (45) days prior to the commencement of work requiring excavation. The city engineer shall specify the portion of the right of way upon which the facility may be placed, used and constructed. 2. In the event that the city engineer fails to provide such specification of location to the telecommunications retailer within either: a) forty five (45) days after service of notice to the city by the telecommunications retailer in the case of work not involving excavation for new construction or b) forty five (45) days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this chapter. 3. Upon the provision of such specification by the city, where a permit is required for work pursuant to section 7-8-4 of this chapter the telecommunications retailer shall submit to the city an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of subsection A of this section. C. Additional City Review Of Applications Of Holders Of State Authorization Under The Cable And Video Competition Law Of 2007: Applications by a utility that is a holder of a state issued authorization under the cable and video competition law of 2007 shall be deemed granted forty five (45) days after submission to the city, unless otherwise acted upon by the city, provided the holder has complied with applicable city codes, ordinances, and regulations. (Ord. 2007-97, 12- 18-2007) 7-8-6: EFFECT OF PERMIT: A. Authority Granted; No Property Right Or Other Interest Created: A permit from the city authorizes a permittee to undertake only certain activities in accordance with this chapter on city rights of way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights of way. B. Duration: No permit issued under this chapter shall be valid for a period longer than six (6) months unless construction is actually begun within that period and is thereafter diligently pursued to completion. C. Preconstruction Meeting Required: No construction shall begin pursuant to a permit issued under this chapter prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a preconstruction meeting. The preconstruction meeting shall be held at a date, time and place designated by the city with such city representatives in attendance as the city deems necessary. The meeting shall be for the purpose of reviewing the work under the permit, and reviewing special considerations necessary in the areas where work will occur, including, without limitation, presence or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights of way by the public during construction, and access and egress by adjacent property owners. D. Compliance With All Laws Required: The issuance of a permit by the city does not excuse the permittee from complying with other requirements of the city and applicable statutes, laws, ordinances, rules, and regulations. (Ord. 2007-97, 12-18-2007) 7-8-7: REVISED PERMIT DRAWINGS: In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the city within ninety (90) days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this chapter, it shall be treated as a request for variance in accordance with section 7-8-21 of this chapter. If the city denies the request for a variance, then the permittee shall either remove the facility from the right of way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefore. (Ord. 2007-97, 12- 18-2007) 7-8-8: INSURANCE: A. Required Coverages And Limits: Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right of way or constructing any facility in the right of way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the city, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in subsections A1 and A2 of this section: 1. Commercial general liability insurance, including premises-operations, explosion, collapse, and underground hazard (commonly referred to as "X", "C", and "U" coverages) and products-completed operations coverage with limits not less than: a. Five million dollars ($5,000,000.00) for bodily injury or death to each person; b. Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and c. Five million dollars ($5,000,000.00) for all other types of liability; 2. Automobile liability for owned, non-owned and hired vehicles with a combined single limit of one million dollars ($1,000,000.00) for personal injury and property damage for each accident; 3. Workers' compensation with statutory limits; and 4. Employer's liability insurance with limits of not less than one million dollars ($1,000,000.00) per employee and per accident. If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this section. B. Excess Or Umbrella Policies: The coverages required by this section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. C. Copies Required: The utility shall provide copies of any of the policies required by this section to the city within ten (10)days following receipt of a written request therefor from the city. D. Maintenance And Renewal Of Required Coverages: The insurance policies required by this section shall contain the following endorsement: It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City, by registered mail or certified mail, return receipt requested, of a written notice addressed to the City Mayor of such intent to cancel or not to renew. Within ten (10) days after receipt by the city of said notice, and in no event later than ten (10) days prior to said cancellation, the utility shall obtain and furnish to the city evidence of replacement insurance policies meeting the requirements of this section. E. Self-Insurance: A utility may self-insure all or a portion of the insurance coverage and limit requirements required by subsection A of this section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under subsection A of this section, or the requirements of subsections B, C and D of this section. A utility that elects to self-insure shall provide to the city evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under subsection A of this section, such as evidence that the utility is a "private self- insurer" under the workers' compensation act. F. Effect Of Insurance And Self-Insurance On Utility's Liability: The legal liability of the utility to the city and any person for any of the matters that are the subject of the insurance policies or self- insurance required by this section shall not be limited by such insurance policies or self- insurance or by the recovery of any amounts thereunder. G. Insurance Companies: All insurance provided pursuant to this section shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the state of Illinois. All insurance carriers and surplus line carriers shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company. (Ord. 2007-97, 12-18-2007) 7-8-9: INDEMNIFICATION: By occupying or constructing facilities in the right of way, a utility shall be deemed to agree to defend, indemnify and hold the city and its elected and appointed officials and officers, employees, agents and representatives harmless from and againstany and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights of way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a franchise, license, or similar agreement; provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this chapter by the city, its officials, officers, employees, agents or representatives. (Ord. 2007-97, 12-18-2007) 7-8-10: SECURITY: A. Purpose: The permittee shall establish a security fund in a form and in an amount as set forth in this section. The security fund shall be continuously maintained in accordance with this section at the permittee's sole cost and expense until the completion of the work authorized under the permit. The security fund shall serve as security for: 1. The faithful performance by the permittee of all the requirements of this chapter; 2. Any expenditure, damage, or loss incurred by the city occasioned by the permittee's failure to comply with any codes, rules, regulations, orders, permits and other directives of the city issued pursuant to this chapter; and 3. The payment by permittee of all liens and all damages, claims, costs, or expenses that the city may pay or incur by reason of any action or nonperformance by permittee in violation of this chapter including, without limitation, any damage to public property or restoration work the permittee is required by this chapter to perform that the city must perform itself or have completed as a consequence solely of the permittee's failure to perform or complete, and all other payments due the city from the permittee pursuant to this chapter or any other applicable law. B. Form: The permittee shall provide the security fund to the city in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the city, or an unconditional letter of credit in a form acceptable to the city. Any surety bond or letter of credit provided pursuant to this subsection shall, at a minimum: 1. Provide that it will not be canceled without ninety (90) day prior cancellation notice to the city and the permittee; 2. Not require the consent of the permittee prior to thecollection by the city of any amounts covered by it; and 3. Shall provide a location convenient to the city and within the state of Illinois at which it can be drawn. C. Amount: The dollar amount of the security fund shall be sufficient to provide for the reasonably estimated cost to restore the right of way to at least as good a condition as that existing prior to the construction under the permit, as determined by the city engineer, and may also include reasonable, directly related costs that the city estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the city, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the city engineer may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the security fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this subsection for any single phase. D. Withdrawals: The city, upon fourteen (14) days' advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this subsection, may withdraw an amount from the security fund, provided that the permittee has not reimbursed the city for such amount within the fourteen (14) day notice period. Withdrawals may be made if the permittee: 1. Fails to make any payment required to be made by the permittee hereunder; 2. Fails to pay any liens relating to the facilities that are due and unpaid; 3. Fails to reimburse the city for any damages, claims, costs or expenses which the city has been compelled to pay or incur by reason of any action or nonperformance by the permittee; or 4. Fails to comply with any provision of this chapter that the city determines can be remedied by an expenditure of an amount in the security fund. E. Replenishment: Within fourteen (14) days after receipt of written notice from the city that any amount has been withdrawn from the security fund, the permittee shall restore the security fund to the amount specified in subsection C of this section. F. Interest: The permittee may request that any and all interest accrued on the amount in the security fund be returned to the permittee by the city, upon written request for said withdrawal to the city, provided that any such withdrawal does not reduce the security fund below the minimum balance required insubsection C of this section. G. Closing And Return Of Security Fund: Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the security fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the city for failure by the permittee to comply with any provisions of this chapter or other applicable law. In the event of any revocation of the permit, the security fund, and any and all accrued interest therein, shall become the property of the city to the extent necessary to cover any reasonable costs, loss or damage incurred by the city as a result of said revocation, provided that any amounts in excess of said costs, loss or damage shall be refunded to the permittee. H. Rights Not Limited: The rights reserved to the city with respect to the security fund are in addition to all other rights of the city, whether reserved by this chapter or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said security fund shall affect any other right the city may have. Notwithstanding the foregoing, the city shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated. (Ord. 2007-97, 12-18-2007) 7-8-11: PERMIT SUSPENSION AND REVOCATION: A. City Right To Revoke Permit: The city may revoke or suspend a permit issued pursuant to this chapter for one or more of the following reasons: 1. Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application; 2. Noncompliance with this chapter; 3. Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the rights of way presents a direct or imminent threat to the public health, safety, or welfare; or 4. Permittee's failure to construct the facilities substantially in accordance with the permit and approved plans. B. Notice Of Revocation Or Suspension: The city shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this section. C. Permittee Alternatives Upon Receipt Of Notice Of Revocation Or Suspension: Upon receipt of a written notice of revocation or suspension from the city, the permittee shall have the following options: 1. Immediately provide the city with evidence that no cause exists for the revocation or suspension; 2. Immediately correct, to the satisfaction of the city, the deficiencies stated in the written notice, providing written proof of such correction to the city within five (5) working days after receipt of the written notice of revocation; or 3. Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights of way and restore the rights of way to the satisfaction of the city providing written proof of such removal to the city within ten (10) days after receipt of the written notice of revocation. The city may, in its discretion, for good cause shown, extend the time periods provided in this subsection. D. Stop Work Order: In addition to the issuance of a notice of revocation or suspension, the city may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within subsection A of this section. E. Failure Or Refusal Of The Permittee To Comply: If the permittee fails to comply with the provisions of subsection C of this section, the city or its designee may, at the option of the city: 1) correct the deficiencies; 2) upon not less than twenty (20) days' notice to the permittee, remove the subject facilities or equipment; or 3) after not less than thirty (30) days' notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the city. The permittee shall be liable in all events to the city for all costs of removal. (Ord. 2007-97, 12- 18-2007) 7-8-12: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL STATUS: A. Notification Of Change: A utility shall notify the city no less than thirty (30) days prior to the transfer of ownership of any facility in the right of way or change in identity of the utility. The new owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner under the permit, if any, and applicable laws, ordinances, rules and regulations, including this chapter, with respect to the work and facilities in the right of way. B. Amended Permit: A new owner shall request that any current permit be amended to show current ownership. If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the city's right of way. C. Insurance And Bonding: All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer. (Ord. 2007-97, 12-18-2007) 7-8-13: GENERAL CONSTRUCTION STANDARDS: A. Standards And Principles: All construction in the right of way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following IDOT publications, as amended from time to time: 1. "Standard Specifications For Road And Bridge Construction"; 2. "Supplemental Specifications And Recurring Special Provisions"; 3. "Highway Design Manual"; 4. "Highway Standards Manual"; 5. "Standard Specifications For Traffic Control Items"; 6. "Illinois Manual On Uniform Traffic Control Devices" (92 Ill. adm. code section 545); 7. "Flagger's Handbook"; and 8. "Work Site Protection Manual For Daylight Maintenance Operations". B. Interpretation Of Municipal Standards And Principles: If a discrepancy exists between or among differing principles and standards required by this chapter, the city engineer shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the city engineer shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future. (Ord. 2007-97, 12-18-2007) 7-8-14: TRAFFIC CONTROL: A. Minimum Requirements: The city's minimum requirements for traffic protection are contained in IDOT's "Illinois Manual On Uniform Traffic Control Devices" and this code. B. Warning Signs, Protective Devices, And Flaggers: The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting applicable federal, state, and local requirements for protection of the public and the utility's workers when performing any work on the rights of way. C. Interference With Traffic: All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic. D. Notice When Access Is Blocked: At least forty eight (48) hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to section 7-8-20 of this chapter, the utility shall provide such notice as is practicable under the circumstances. E. Compliance: The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility's attention by the city. (Ord. 2007-97, 12-18-2007) 7-8-15: LOCATION OF FACILITIES: A. General Requirements: In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection. 1. No Interference With City Facilities: No utility facilities shall be placed in any location if the city engineer determines that the proposed location will require the relocation or displacement of any of the city's utility facilities or will otherwise interfere with the operation or maintenance of any of the city's utility facilities. 2. Minimum Interference And Impact: The proposed location shall cause only the minimum possible interference with the use of the right of way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right of way. 3. No Interference With Travel: No utility facility shall be placed in any location that interferes with the usual travel on such right of way. 4. No Limitations On Visibility: No utility facility shall be placed in any location so as to limit visibility of or by users of the right of way. 5. Size Of Utility Facilities: The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application. B. Parallel Facilities Located Within Highways: 1. Overhead Parallel Facilities: An overhead parallel facility may be located within the right of way lines of a highway only if: a. Lines are located as near as practicable to the right of way line and as nearly parallel to the right of way line as reasonable pole alignment will permit; b. Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (2') (0.6 m) behind the face of the curb, where available; c. Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (4') (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone; d. No pole is located in the ditch line of a highway; and e. Any ground mounted appurtenance is located within one foot (1') (0.3 m) of the right of way line or as near as possible to the right of way line. 2. Underground Parallel Facilities: An underground parallel facility may be located within the right of way lines of a highway only if: a. The facility is located as near the right of way line as practicable and not more than eight feet (8') (2.4 m) from and parallel to the right of way line; b. A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and c. In the case of an underground power or communications line, the facility shall be located as near the right of way line as practicable and not more than five feet (5') (1.5 m) from the right of way line and any above grounded appurtenance shall be located within one foot (1') (0.3 m) of the right of way line or as near as practicable. C. Facilities Crossing Highways: 1. No Future Disruption: The construction and design of crossing facilities installed between the ditch lines or curb lines of city highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities. 2. Cattle Passes, Culverts, Or Drainage Facilities: Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities. 3. Ninety Degree Crossing Required: Crossing facilities shall cross at or as near to a ninety degree (90°) angle to the centerline as practicable. 4. Overhead Power Or Communication Facility: An overhead power or communication facility may cross a highway only if: a. It has a minimum vertical line clearance as required by ICC's rules entitled, "construction of electric power and communication lines" (83 Ill. adm. code 305); b. Poles are located within one foot (1') (0.3 m) of the right of way line of the highway and outside of the clear zone; and c. Overhead crossings at major intersections are avoided. 5. Underground Power Or Communication Facility: An underground power or communication facility may cross a highway only if: a. The design materials and construction methods will provide maximum maintenance free service life; and b. Capacity for the utility's foreseeable future expansion needs is provided in the initial installation. 6. Markers: The city may require the utility to provide a marker at each right of way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current federal regulations (49 CFR section 192.707 (1989)). D. Facilities To Be Located Within Particular Rights Of Way: The city may require that facilities be located within particular rights of way that are not highways, rather than within particular highways. E. Freestanding Facilities: 1. The city may restrict the location and size of any freestanding facility located within a right of way. 2. The city may require any freestanding facility located within a right of way to be screened from view. F. Facilities Installed Aboveground: Aboveground facilities may be installed only if: 1. No other existing facilities in the area are located underground; 2. New underground installation is not technically feasible; and 3. The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single pole construction with vertical configuration of conductors and cable. Existing utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged. 4. No more than two (2) personal wireless telecommunications facilities will be permitted on utility poles or Alternative Antenna Structure of ninety (90) feet or less. 5. No more than three (3) personal wireless telecommunications facilities will be permitted on utility poles or Alternative Antenna Structure in excess of ninety (90) feet and less than one-hundred and twenty (120) feet. 6. Personal wireless telecommunication facilities may be attached to a utility pole, alternative antenna structure, monopole, or City-owned infrastructure only where such pole, structure or infrastructure is located no closer than a distance equal to one hundred (100) percent of the height of such a facility to any residential building and no closer than three hundred (300) feet from any other personal wireless telecommunication facility. 7. The personal wireless telecommunication antenna, including antenna panels, whip antennas or dish-shaped antennas, cannot have a surface area of more than seven (7) cubic feet in volume. 8. The total combined volume of all above-ground equipment and appurtenances comprising a personal wireless telecommunication facility, exclusive of the antenna itself, cannot exceed thirty-two (32) cubic feet. 9. The operator of a personal wireless telecommunication facility must, whenever possible, locate the base of the equipment or appurtenances at a height of no lower than eight (8) feet above grade. 10. The top of the highest point of the antenna cannot extend more than seven (7) feet above the highest point of the utility pole, alternative antenna support structure, tower or City-owned infrastructure. If necessary, the new replacement or new utility pole, alternative antenna support structure, or City-owned infrastructure located within the public right of way may be no more than ten 10 feet higher than existing poles adjacent to the replacement or new pole structure, or no more than ninety (90) feet in height overall, whichever is less. 11. A personal wireless telecommunication facility, including all related equipment and appurtenances, must be a color that blends with the surrounding pole, structure tower or infrastructure on which it is mounted and use non-reflective materials which blend with the materials and colors of the surrounding area and structures. Any wiring must be covered with an appropriate cover. 12. Extensions to utility poles, alternative support structures, towers and City-owned infrastructure utilized for the purpose of connecting a personal wireless telecommunications antenna and its related personal wireless telecommunications equipment must have a degree of strength capable of supporting the antenna and any related appurtenances and cabling and capable of withstanding wind forces and ice loads in accordance with the applicable structural integrity standards (National Electric Safety Code, ANSI, and EIA). The evaluation of the structural integrity must be prepared by a professional structural engineer licensed in the State of Illinois. An extension must be securely Formatted: Indent: Hanging: 0.17", Space Before: Auto, After: Auto bound to the utility pole, alternative antenna structure, tower or City-owned infrastructure in accordance with applicable engineering standards for the design and attachment of such extensions. 13. Personal wireless telecommunication facilities may be attached to a utility pole that is located no closer than one hundred (100) feet to any residential building and no closer than five hundred (500) feet from any other personal wireless telecommunication services facility G. Facility Attachments To Bridges Or Roadway Structures: 1. Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted. 2. A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations: a. The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility; b. The type, length, value, and relative importance of the highway structure in the transportation system; c. The alternative routings available to the utility and their comparative practicability; d. The proposed method of attachment; e. The ability of the structure to bear the increased load of the proposed facility; f. The degree of interference with bridge maintenance and painting; g. The effect on the visual quality of the structure; and h. The public benefit expected from the utility service as compared to the risk involved. H. Appearance Standards: 1. The city may prohibit the installation of facilities in particular locations in order to preserve visual quality. 2. A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right of way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed. (Ord. 2007-97, 12-18-2007) Formatted: Highlight 7-8-16: CONSTRUCTION METHODS AND MATERIALS: A. Standards And Requirements For Particular Types Of Construction Methods: 1. Boring Or Jacking: a. Pits And Shoring: Boring or jacking under rights of way shall be accomplished from pits located at a minimum distance specified by the city director of public works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations and backfilled within forty eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation. b. Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under the roadway. c. Borings With Diameters Greater Than Six Inches: Borings over six inches (6") (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1") (25 mm). d. Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method. e. Tree Preservation: Any facility located within the drip line of any tree designated by the city to be preserved or protected shall be bored under or around the root system. 2. Trenching: Trenching for facility installation, repair, or maintenance on rights of way shall be done in accord with the applicable portions of section 603 of IDOT's "Standard Specifications For Road And Bridge Construction". a. Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe/line testing. Only one-half (1/2 ) of any intersection may have an open trench at any time unless special permission is obtained from the city engineer. b. Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right of way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location. c. Drip Line Of Trees: The utility shall not trench within the drip line of any tree designated by the city to be preserved. 3. Backfilling: a. Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications For Road And Bridge Construction". When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used. b. For a period of three (3) years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so ordered by the engineer, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the engineer. 4. Pavement Cuts: Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this subsection A4 is permitted under section 7-8-21 of this chapter, the following requirements shall apply: a. Any excavation under pavements shall be backfilled and compacted as soon as practicable with granular material of CA-7 gradation, as designated by the engineer. b. Restoration of pavement, in kind, shall be accomplished as soon as practicable and at twice the amount of the existing pavement depth, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the city. c. All saw cuts shall be full depth. d. For all rights of way which have been reconstructed with a concrete surface/base in the last seven (7) years, or resurfaced in the last three (3) years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a JULIE locate. 5. Encasement: a. Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one piece fabrication or by welding or jointed installation approved by the city. b. The venting, if any, of any encasement shall extend within one foot (1') (0.3 m) of the right of way line. No aboveground vent pipes shall be located in the area established as clear zone for that particular section of the highway. c. In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or city approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the city. Bell and spigot type pipe shall be encased regardless of installation method. d. In the case of gas pipelines of sixty (60) psig or less, encasement may be eliminated. e. In the case of gas pipelines or petroleum products pipelines with installations of more than sixty (60) psig, encasement may be eliminated only if: 1) extra heavy pipe is used that precludes future maintenance or repair and 2) cathodic protection of the pipe is provided. f. If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right of way. 6. Minimum Cover Of Underground Facilities: Cover shall be provided and maintained at least in the amount specified in the Yorkville subdivision control ordinances 2000-2, as amended from time to time. B. Standards And Requirements For Particular Types Of Facilities: 1. Electric Power Or Communication Lines: a. Code Compliance: Electric power or communications facilities within city rights of way shall be constructed, operated, and maintained in conformity with the provisions of 83 Illinois administrative code part 305 (formerly general order 160 of the Illinois commerce commission) entitled "rules for construction of electric power and communication lines", and the national electrical safety code. b. Overhead Facilities: Overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles shall be used. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Variances may be allowed if there is no feasible alternative and if guywires are equipped with guy guards for maximum visibility. c. Underground Facilities: (1) Cable may be installed by trenching or plowing, provided that special consideration is given to boring in order to minimize damage when crossing improved entrances and side roads. (2) If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits. Encasement may be eliminated only if: a) the crossing is installed by the use of "moles", "whip augers", or other approved methods which compress the earth to make the opening for cable installation or b) the installation is by the open trench method which is only permitted prior to roadway construction. (3) Cable shall be grounded in accordance with the national electrical safety code. d. Burial Of Drops: All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snow drops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the city. Weather permitting, utilities shall bury all temporary drops, excluding snow drops, within ten (10) business days after placement. 2. Underground Facilities Other Than Electric Power Or Communication Lines: Underground facilities other than electric power or communication lines may be installed by: a. The use of "moles", "whip augers", or other approved methods which compress the earth to move the opening for the pipe; b. Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway; c. Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or d. Tunneling with vented encasement, but only if installation is not possible by other means. 3. Gas Transmission, Distribution And Service: Gas pipelines within rights of way shall be constructed, maintained, and operated in a city approved manner and in conformance with the federal code of the office of pipeline safety operations, department of transportation, part 192 - transportation of natural and other gas by pipeline: minimum federal safety standards (49 CFR section 192), IDOT's "Standard Specifications For Road And Bridge Construction", and all other applicable laws, rules, and regulations. 4. Petroleum Products Pipelines: Petroleum products pipelines within rights of way shall conform to the applicable sections of ANSI standard code for pressure piping (liquid petroleum transportation piping systems ANSI-B 31.4). 5. Water Lines, Sanitary Sewer Lines, Storm Water Sewer Lines Or Drainage Lines: Water lines, sanitary sewer lines, storm sewer lines, and drainage lines within rights of way shall meet or exceed the recommendations of the current "Standard Specifications For Water And Sewer Main Construction In Illinois" and "Yorkville's Standard Specifications For Improvements". 6. Ground Mounted Appurtenances: Ground mounted appurtenances to overhead or underground facilities, when permitted within a right of way, shall be provided with a vegetation free area extending one foot (1') (305 mm) in width beyond the appurtenance in all directions. The vegetation free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material approved by the engineer. With the approval of the engineer, shrubbery surrounding the appurtenance may be used in place of vegetation free area. The housing for ground mounted appurtenances shall be painted a neutral color to blend with the surroundings. C. Materials: 1. General Standards: The materials used in constructing facilities within rights of way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT's "Standard Specifications For Road And Bridge Construction", the requirements of the Illinois commerce commission, or the standards established by other official regulatory agencies for the appropriate industry. 2. Material Storage On Right Of Way: No material shall be stored on the right of way without the prior written approval of the city engineer. When such storage is permitted, all pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right of way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right of way maintenance or damage to the right of way and other property. If material is to be stored on right of way, prior approval must be obtained from the city. 3. Hazardous Materials: The plans submitted by the utility to the city shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities. D. Operational Restrictions: 1. Construction operations on rights of way may, at the discretion of the city, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right of way or other property. 2. These restrictions may be waived by the engineer when emergency work is required to restore vital utility services. 3. Unless otherwise permitted by the city, the hours of construction are those set forth in section 8-1-2B of this code. E. Location Of Existing Facilities: Any utility proposing to construct facilities in the city shall contact JULIE and ascertain the presence and location of existing aboveground and underground facilities within the rights of way to be occupied by its proposed facilities. The city will make its permit records available to a utility for the purpose of identifying possible facilities. When notified of an excavation or when requested by the city or by JULIE, a utility shall locate and physically mark its underground facilities within forty eight (48) hours, excluding weekends and holidays, in accordance with the Illinois underground facilities damage prevention act1. (Ord. 2007-97, 12-18- 2007) 7-8-17: VEGETATION CONTROL: A. Electric Utilities; Compliance With State Laws And Regulations: An electric utility shall conduct all tree trimming and vegetation control activities in the right of way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the city as permitted by law. B. Other Utilities; Tree Trimming Permit Required: Tree trimming that is done by any other utility with facilities in the right of way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter. 1. Application For Tree Trimming Permit: Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished. 2. Damage To Trees: Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The city will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The city may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition. C. Specimen Trees Or Trees Of Special Significance: The city mayrequire that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means. D. Chemical Use: 1. Except as provided in the following subsection, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the city for any purpose, including the control of growth, insects or disease. 2. Spraying of any type of brush killing chemicals will not be permitted on rights of way unless the utility demonstrates to the satisfaction of the engineer that such spraying is the only practicable method of vegetation control. (Ord. 2007-97, 12-18-2007) 7-8-18: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY FACILITIES: A. Notice: Within ninety (90) days following written notice from the city, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights of way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the rights of way. B. Removal Of Unauthorized Facilities: Within thirty (30) days following written notice from the city, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights of way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights of way. A facility is unauthorized and subject to removal in the following circumstances: 1. Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law; 2. If the facility was constructed or installed without the prior grant of a license or franchise, if required; 3. If the facility was constructed or installed without prior issuance of a required permit in violation of this chapter; or 4. If the facility was constructed or installed at a location not permitted by the permittee's license or franchise. C. Emergency Removal Or Relocation Of Facilities: The city retains the right and privilege to cut or move any facilities located within the rights of way of the city, as the city may determine to be necessary, appropriate or useful in response toany public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility. D. Abandonment Of Facilities: Upon abandonment of a facility within the rights of way of the city, the utility shall notify the city within ninety (90) days. Following receipt of such notice the city may direct the utility to remove all or any portion of the facility if the city engineer determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the city does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the city, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. (Ord. 2007-97, 12-18- 2007) 7-8-19: CLEANUP AND RESTORATION: The utility shall submit a landscape restoration plan to the city engineer for approval. The utility shall remove all excess material and restore all turf and terrain and other property within ten (10) days after any portion of the rights of way are disturbed, damaged or destroyed due to construction or maintenance by the utility, all to the satisfaction of the city engineer. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the city engineer in the landscape restoration plan. Such cleanup and repair may be required to consist of backfilling, regrading, reseeding, resodding, or any other requirement to restore the right of way to a condition substantially equivalent to that which existed prior to the commencement of the project. The time period provided in this section may be extended by the city engineer for good cause shown. (Ord. 2007-97, 12-18-2007) 7-8-20: MAINTENANCE AND EMERGENCY MAINTENANCE: A. General: Facilities on, over, above, along, upon, under, across, or within rights of way are to be maintained by or for the utility in a manner satisfactory to the city and at the utility's expense. B. Emergency Maintenance Procedures: Emergencies may justify noncompliance with normal procedures for securing a permit: 1. If an emergency creates a hazard on the traveled portion of the right of way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right of way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required inrepair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available. 2. In an emergency, the utility shall, as soon as possible, notify the city engineer or his or her duly authorized agent of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the city police shall be notified immediately. 3. In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public. C. Emergency Repairs: The utility must file in writing with the city a description of the repairs undertaken in the right of way within forty eight (48) hours after an emergency repair. (Ord. 2007- 97, 12-18-2007) 7-8-21: VARIANCES: A. Request For Variance: A utility requesting a variance from one or more of the provisions of this chapter must do so in writing to the city engineer as a part of the permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted. B. Authority To Grant Variances: The city engineer shall decide whether a variance is authorized for each provision of this chapter identified in the variance request on an individual basis. C. Conditions For Granting Of Variance: The city engineer may authorize a variance only if the utility requesting the variance has demonstrated that: 1. One or more conditions not under the control of the utility (such as terrain features or an irregular right of way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and 2. All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach. D. Additional Conditions For Granting Of A Variance: As a condition for authorizing a variance, the city engineer may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expresslycontained within this chapter but which carry out the purposes of this chapter. E. Right To Appeal: Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the city engineer under the provisions of this chapter shall have the right to appeal to the city council, or such other board or commission as it may designate. The application for appeal shall be submitted in writing to the city clerk within thirty (30) days after the date of such order, requirement, decision or determination. The city council shall commence its consideration of the appeal at the council's next regularly scheduled meeting occurring at least seven (7) days after the filing of the appeal. The city council shall timely decide the appeal. (Ord. 2007-97, 12-18-2007) 7-8-22: PENALTIES: Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be subject to fine in accordance with the penalty provisions of this code. There may be times when the city will incur delay or other costs, including third party claims, because the utility will not or cannot perform its duties under its permit and this chapter. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the city's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit related cost apportionment of the city. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it. (Ord. 2007-97, 12-18-2007) 7-8-23: ENFORCEMENT: Nothing in this chapter shall be construed as limiting any additional or further remedies that the city may have for enforcement of this chapter. (Ord. 2007-97, 12-18-2007) Footnotes - Click any footnote link to go back to its reference. Footnote 1: 220 ILCS 50/1 et seq. Chapter 18 TELECOMMUNICATION TOWER AND ANTENNA REGULATIONS 10-18-1: DEFINITIONS: 10-18-2: APPLICABILITY: 10-18-3: GENERAL REQUIREMENTS: 10-18-4: PERMITTED USES: 10-18-5: SPECIAL USES AND ACCESSORY USES: 10-18-6: NONCONFORMING USES: 10-18-7: ANNUAL REPORTING OF INFORMATION: 10-18-1: DEFINITIONS: ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas and towers. ANTENNA: Any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency.Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services. ANTENNA STRUCTURES: Those structures which include the radiating and/or receiving system, its supporting structures (see definition of Tower), and any appurtenance mounted thereon as defined by the FCC or any successor agency. BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. FAA: The federal aviation administration. FCC: The federal communications commission. HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna structures. NO-IMPACT ANTENNA AND TOWERS: A tower or antenna which is either: a) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or b) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is: 1) placed, such as a rooftop, lighting standard, or existing tower, or 2) replacing, such as a school athletic field light standard. PERSONAL WIRELESS FACILITY: Any facility for the provision of personal wireless services as defined by the FCC or any successor agency. PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by the FCC or any successor agency. PREEXISTING TOWERS OR ANTENNAS: Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date hereof, including permitted towers and antennas that have not yet been constructed so long as such approval is current and not expired. TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self- supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. TOWER AND ANTENNA ORDINANCE: Shall refer to this chapter. UNLICENSED WIRELESS SERVICE: That service which offers telecommunications services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct to home satellite services as defined by the FCC or any successor agency. (Ord. 2014-73, 11-25-2014) 10-18-2: APPLICABILITY: A. New Towers And Antennas: All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through D of this section inclusive. B. Amateur Radio Station Operator/Receive Only Antennas: This chapter shall not govern any tower, or the installation of any antenna, that is under eighty feet (80') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet (10'). C. Preexisting Towers Or Antennas: Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of subsections 10-18-3F, H and R of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee. D. AM Array: For purposes of implementing this chapter, AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (Ord. 2014-73, 11-25-2014) E. If the Tower and/or Antenna is situated within the Public Right of Way, such tower and/or antenna must meet the requirements of Chapter 8, Construction of Utility Facilities in Rights of Way 10-18-3: GENERAL REQUIREMENTS: A. Special Or Accessory Use: Antennas and towers may be considered either special or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. B. Lot Size: For purposes of determining whether the installation or a tower or antenna complies with Yorkville's development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory Of Existing Sites: Each applicant for approval of an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Yorkville or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. D. Aesthetics: Towers and antennas shall meet the following requirements: 1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings. 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. E. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. F. State Or Federal Requirements: All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. G. Building Codes/Safety Standards: Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the national electrical code NFPA 70 and international building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the city of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the antenna, antenna structure, or tower into compliance within the thirty (30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense. H. Measurement: For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries. I. Not Essential Services: Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. J. Public Notice: For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the city of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet (250') of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of "abutting" nor in calculating the two hundred fifty feet (250'). K. Signs: No signs shall be allowed on an antenna or tower other than those required by the FCC. L. Buildings And Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 10-18-5K of this chapter. M. Multiple Antenna/Tower Plan: The city of Yorkville encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. N. Antenna On Existing Structures: Any antenna which is not attached to a tower may be approved by the city of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided: 1. The antenna does not extend more than thirty feet (30') above the highest point of the structure; 2. The antenna complies with all applicable FCC and FAA regulations; and 3. The antenna complies with all applicable building codes and safety standards as referenced in subsection G of this section. O. Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following: 1. Additional Antenna: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole. 2. Height: a. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower's existing height, such height not exceeding one hundred fifty feet (150') in total, to accommodate the collocation of an additional antenna. b. The height change referred to in subsection O2a of this section may only occur one time per communication tower. c. The additional height referred to in subsection O2a of this section shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations. 3. On Site Location: a. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet (50') of its existing location. b. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. c. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this chapter. d. The on site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in this zoning ordinance shall only be permitted when approved by the zoning officer. 4. New Towers In Nonresidential Zoning Districts: An applicant may locate any new tower in an O, B-1, B-2, B-3, B-4, M-1, M-2, or A-1 zoning district, provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the zoning officer concludes the tower is in conformity with the goals set forth in this subsection O and the requirements of this subsection; c) the tower meets the setback and separation requirements in subsection 10-18-5E of this chapter; and d) the tower meets the following height and usage criteria: a. For a single user, up to and including one hundred twenty feet (120') in height; b. For two (2) users, up to one hundred fifty feet (150') in height; and c. For three (3) or more users, up to and including one hundred eighty feet (180') in height. P. Roadway Access: All sites on which antennas, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven inches (7") thick surfaced with not less than two inches (2") of asphaltic concrete or some comparable dustless material. Q. Fencing: The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six feet (6') in height and equipped with an appropriate anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases. R. Disguised Structures: The provider of an antenna, antenna structure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area. S. Annual Administrative Fee And Certifications: 1. The annual administration fee payable to the city of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty five dollars ($35.00) which shall be due on or before January 10 of each calendar year commencing with calendar year 2001. 2. In the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the city under the terms of this subsection, the owner and/or operator shall reimburse the city for the actual cost of the outside consultant the city deems necessary to conduct said inspection which shall be a minimum of three hundred fifty dollars ($350.00) and any additional cost incurred therein. The city of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or collocator on a tower. T. Permit Required: Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in title 8, chapter 10 of this code, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review. U. Waiver Of Provisions: An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply. (Ord. 2014-73, 11-25- 2014) 10-18-4: PERMITTED USES: A. General: The following uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Uses: Antennas, antenna structures and towers are specifically permitted in any zoning classification, except that part of any zoning district which is located in a floodplain, so long as said antennas or towers conform to the following and all other requirements of this title: Antennas and towers located on property owned, leased, or otherwise controlled by Yorkville, particularly and expressly including Yorkville's water tower sites, and city hall and police station sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville. Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to subsections 10-18-3A through U of this chapter. No-impact antennas and towers. (Ord. 2014-73, 11-25-2014) 10-18-5: SPECIAL USES AND ACCESSORY USES: A. General Provisions: 1. Radio and telecommunications antennas, antenna structures and towers used for personal wireless facilities, personal wireless services, radio transmission, or television transmission shall be subject to the special use provisions contained within section 10-4-9 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter. 2. In granting a special use permit, the plan commission may impose conditions to the extent the plan commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 3. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. 4. An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the city council of Yorkville to reimburse Yorkville for the cost of reviewing the application. 5. Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts: R-1, single-family suburban residence - private school, church, golf course, public utility facilities, public service use facilities with radio or TV tower sites only; R-2, single-family traditional residence - private school, church, golf course, public utility facilities, public service use facilities with radio or TV tower sites only; B-1, local business district; B-2, retail commerce business district; B-3, general business district; B-4, service business district; and A-1, agricultural district. 6. Antennas, antenna structures and towers shall be allowed as a special use in the E-1, estate district if it is consistent with all of the requirements of this chapter and the following criteria: a. The parcel that any antennas, antenna structures and towers are located on must be at least two (2) acres. b. The total height of the structure must be less than the distance from the base of the structure to the closest property line of all adjacent parcels. 7. Antennas, antenna structures and towers shall be allowed as accessory uses only consistent with all of the requirements of this chapter in the following zoning districts: M-1, limited manufacturing district, and M-2, general manufacturing district. B. Information Required: In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied: 1. Legal description of the parent track and leased parcel (if applicable); 2. The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property; 3. The separation distance from other structures in the inventory of existing sites submitted pursuant to subsection 10-18-3C of this chapter shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known; 4. A landscape plan showing specific landscape materials; 5. The method of fencing and finish color and, if applicable, the method of camouflage and illumination; 6. A description of compliance with subsections 10-18-3C, E, F, G, H, I, and M of this chapter and all applicable federal, state or local laws; 7. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; 8. Identification of the entities providing the backhaul network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in Yorkville; 9. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and 10. A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. 11. An applicant shall be notified within thirty (30) days if the application is incomplete. The city shall make a decision on collocation within ninety (90) days and all other siting applications within one hundred fifty (150) days of the receipt of a completed application. C. Factors Considered In Granting Special Use Permits: The city of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in section 10-4-9 of this title. The city of Yorkville may waive or reduce the burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby. 1. Height of the proposed antenna, antenna structure or tower; 2. Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 5. Surrounding tree coverage and foliage; 6. Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 7. Proposed ingress and egress. D. Height: No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve (12) linear feet. E. Setbacks And Separation: 1. Setbacks: Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off site, residential structure. Antenna structures, guylines, and equipment shelters must satisfy the minimum setback requirements for E-1, R-1, R-2, R-2D, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts. 2. Separation: The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the plan commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower: a. Separation From Off Site Uses/Designated Area: (1) Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 10.18.01 of this section, except as otherwise provided in table 10.18.01 of this section. (2) Separation requirements for towers shall comply with the minimum standards established in table 10.18.01 of this section. TABLE 10.18.01 SEPARATION REQUIREMENTS Off Site Use/Designated Area Separation Distance Single-family or duplex residential units principal building 500 feet Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired 500 feet Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex 500 feet Existing multi-family residential units greater than duplex 100 feet or 100 percent of the tower height, whichever is greater Nonresidentially zoned lands or nonresidential uses None The Fox River or any watercourse 500 feet, as measured from the shore Major highways (as defined in the Yorkville comprehensive plan) 500 feet from the right of way b. Separation Distances Between Towers: (1) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in table 10.18.02 of this section. TABLE 10.18.02 EXISTING TOWER SEPARATION DISTANCES Existing Tower Type Separation Distance Lattice Guyed Monopole (Taller Than 75 Feet) Monopole (Shorter Than 75 Feet) Lattice 1,000 1,500 500 250 Guyed 1,000 1,750 1,500 1,250 Monopole (taller than 75 feet) 500 1,500 250 250 Monopole (shorter than 75 feet) 250 1,250 250 250 F. Siting On Wetland Prohibited: No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the city of Yorkville, Kendall County, the state of Illinois department of natural resources, the United States department of the interior or the United States army corps of engineers, and any and all governmental bodies and agencies having jurisdiction. G. FCC Signage: To the extent that signage is required by the FCC on an antenna structure, or tower, that signage shall constitute no more than five percent (5%) of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area. H. Preservation Of Landscape: Existing mature tree growth and natural landforms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible. I. Utilities And Access Required: Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for personal wireless services, personal wireless facilities and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried. J. Signal Interference: No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied. K. Equipment Shelter And Equipment Cabinets: 1. Equipment Shelter: A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty percent (20%) of the total square footage of the antenna, antenna structure or tower ground site or four hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site in which more than one antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible. No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site. 2. Equipment Cabinets: a. In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four feet (4') in height or twenty four (24) square feet of gross floor area and the cabinet/structure is located a minimum of six feet (6') from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty two (42) to forty eight inches (48") and a planted height of at least thirty six inches (36"). b. In a rear yard, provided the cabinet or structure is no greater than six feet (6') in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty six inches (36"). c. In commercial or industrial districts the equipment cabinet or structure shall be no greater than six feet (6') in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). L. Code Requirements: Any antenna, antenna structure, or tower must meet code requirements established by the national electrical code, NFPA 70 and international building code; radio, television towers codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the federal aviation administration. M. Removal Of Abandoned Antennas, Antenna Structures, Or Towers: Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety (90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower. N. Collocation: A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or tower, the zoning board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to collocate additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed personal wireless facility, where collocation is technologically feasible. (Ord. 2014-73, 11-25-2014) 10-18-6: NONCONFORMING USES: A. Prohibited Expansion Of Nonconforming Use: Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. C. Rebuilding Damaged Or Destroyed Nonconforming Antennas, Antenna Structures Or Towers: Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 10-18-5M of this chapter. (Ord. 2014-73, 11-25-2014) 10-18-7: ANNUAL REPORTING OF INFORMATION: Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville with such information as is required by Yorkville to aid with the administration of this chapter, such as changes in availability of space on any tower for collocation of additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the city of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to have retroactive effect. (Ord. 2014-73, 11-25-2014) PUBLIC NOTICE OF A HEARING BEFORE THE UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISION NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text amendment for consideration of updates to “Chapter 18: Telecommunication Tower and Antenna Regulations” of the United City of Yorkville Zoning Ordinance. NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a public hearing at a meeting on said amendments on Wednesday, June 14, 2017 at 7 p.m. at the Yorkville City Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Ordinance No. 2017-____ Page 1 Ordinance No. 2017-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS REGULATING SMALL CELL WIRELESS TELECOMMUNICATION FACILITIES WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City uses the public rights-of-way within its corporate limits to provide essential public services to its residents and businesses and is authorized to regulate the public right-of-way under Section 11-80-1 of the Illinois Municipal Code (65 ILCS 5/11-80-1 et seq.); and, WHEREAS, the public rights-of-way within the City are a limited public resource held by the City for the benefit of its citizens and the City has a custodial duty to ensure that the public rights-of-way are used, repaired and maintained in a manner that best serves the public interest; and, WHEREAS, the Mayor and City Council (the “Corporate Authorities”) has previously adopted in Chapter 8 of Title 7, entitled CONSTRUCTION OF UTILITY FACILITIES IN RIGHTS-OF-WAY, of the Yorkville City Code, that established policies and procedures for construction of facilities on rights-of-way within the City which will provide public benefit consistent with the preservation of the integrity, safe usage and visual qualities of the City’s rights-of-way and the City as a whole; and, WHEREAS, wireless telecommunication providers desire to install numerous new small cell wireless telecommunication facilities (“Small Cells”) located within public rights-of-way within the City; and, WHEREAS, the Corporate Authorities desires to regulate the installation and location of Small Cells to minimize these adverse impacts and to equitably allocate opportunities to install and maintain Small Cells at locations within the City in accordance with applicable federal and State Law; and, WHEREAS, in anticipation of continued increased demand for placement of small cell facilities, distributed antenna systems, and other personal wireless telecommunication facility installations within the public right-of-way, the Corporate Authorities finds that it is in the best interests of the public health, safety and general welfare of the City to adopt this ordinance in order to establish generally applicable standards for construction, installation, use, maintenance and repair of such facilities, systems and installations within the public right-of-way in the City so as to, among other things: (i) prevent interference with the facilities and operations of the City’s utilities and of other utilities lawfully located in public right-of-way or property, (ii) Ordinance No. 2017-____ Page 2 provide specific regulations and standards for the placement and siting of personal wireless telecommunication facilities within public right-of-way in the City, (iii) preserve the character of the neighborhoods in which facilities are installed, (iv) minimize any adverse visual impact of personal wireless telecommunication facilities and prevent visual blight in the neighborhoods in which facilities are installed, (v) facilitate the location of personal wireless telecommunication facilities in permitted locations within the public right-of-way in the City, and (vi) assure the continued safe use and enjoyment of private properties adjacent to personal wireless telecommunication facilities. 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 Section 7-8-2 of the Yorkville City Code be and is hereby amended by adding the following definitions to read as follows: “ALTERNATIVE ANTENNA STRUCTURE: An existing pole or other structure within the public right-of-way that can be used to support an antenna and is not a utility pole or a City- owned infrastructure that may be designed to shield, conceal or disguise the presence of antennas or towers and blend with the surrounding setting. Alternative structures may include, but are not limited to, unobtrusive architectural features on new or existing structures, clock towers, flagpoles and church steeples. ANTENNA: Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services. CITY –OWNED INFRASTRUCTURE: Infrastructure in public right-of-way within the boundaries of the city, including, but not limited to, streetlights, traffic signals, towers, structures, or buildings owned, operated or maintained by the City. DISTRIBUTED ANTENNA SYSTEM (DAS): A type of personal wireless telecommunication facility consisting of a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area. LANDSCAPE SCREENING: The installation at grade of plantings, shrubbery, bushes or other foliage intended to screen the base of a personal wireless telecommunication facility from public view. MONOPOLE: A structure composed of a single spire, pole or tower designed and used to support antennas or related equipment and that is not a utility pole, an alternative antenna structure, or a City-owned infrastructure. PERSONAL WIRELESS TELECOMMUNICATION ANTENNA: An antenna that is part of a personal wireless telecommunications facility. Ordinance No. 2017-____ Page 3 PERSONAL WIRELESS TELECOMMUNICATION EQUIPMENT: Equipment, exclusive of an antenna, that is part of a personal wireless telecommunications facility. PERSONAL WIRELESS TELECOMMUNICATION FACILITY: An antenna, equipment, and related improvements used, or designed to be used, to provide wireless transmission of voice, data video streams, images, or other information including, but not limited to, cellular phone service, personal communication service, paging, and Wi-Fi antenna service. SMALL CELL FACILITIES: A Personal Wireless Telecommunications Facility consisting of an antenna and related equipment either installed singly or as part of a network to provide coverage or enhance capacity in a limited defined area. TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers, and that is not a utility pole, an alternative antenna structure, or a City-owned infrastructure. UTILITY POLE: An upright pole designed and used to support electric cables, telephone cables, telecommunication cables, cable service cables, which are used to provide lighting, traffic control, signage, or a similar function. WI-FI ANTENNA: An antenna used to support Wi-Fi broadband Internet access service based on the IEEE 802.11 standard that typically uses unlicensed spectrum to enable communication between devices.” Section 2: That Section 7-8-15F of the Yorkville City Code be and is hereby amended by adding subsections 4 through 13 to read as follows: “4. No more than two (2) personal wireless telecommunications facilities will be permitted on utility poles or Alternative Antenna Structure of ninety (90) feet or less. 5. No more than three (3) personal wireless telecommunications facilities will be permitted on utility poles or Alternative Antenna Structure in excess of ninety (90) feet and less than one- hundred and twenty (120) feet. 6. Personal wireless telecommunication facilities may be attached to a utility pole, alternative antenna structure, monopole, or City-owned infrastructure only where such pole, structure or infrastructure is located no closer than a distance equal to one hundred (100) percent of the height of such a facility to any residential building and no closer than five hundred (500) feet from any other personal wireless telecommunication facility. 7. The personal wireless telecommunication antenna, including antenna panels, whip antennas or dish-shaped antennas, cannot have a surface area of more than seven (7) cubic feet in volume. 8. The total combined volume of all above-ground equipment and appurtenances comprising a personal wireless telecommunication facility, exclusive of the antenna itself, cannot exceed thirty-two (32) cubic feet. Ordinance No. 2017-____ Page 4 9. The operator of a personal wireless telecommunication facility must, whenever possible, locate the base of the equipment or appurtenances at a height of no lower than eight (8) feet above grade. 10. The top of the highest point of the antenna cannot extend more than seven (7) feet above the highest point of the utility pole, alternative antenna support structure, tower or City-owned infrastructure. If necessary, the new replacement or new utility pole, alternative antenna support structure, or City-owned infrastructure located within the public right of way may be no more than ten 10 feet higher than existing poles adjacent to the replacement or new pole structure, or no more than ninety (90) feet in height overall, whichever is less. 11. A personal wireless telecommunication facility, including all related equipment and appurtenances, must be a color that blends with the surrounding pole, structure tower or infrastructure on which it is mounted and use non-reflective materials which blend with the materials and colors of the surrounding area and structures. Any wiring must be covered with an appropriate cover. 12. Extensions to utility poles, alternative support structures, towers and City-owned infrastructure utilized for the purpose of connecting a personal wireless telecommunications antenna and its related personal wireless telecommunications equipment must have a degree of strength capable of supporting the antenna and any related appurtenances and cabling and capable of withstanding wind forces and ice loads in accordance with the applicable structural integrity standards (National Electric Safety Code, ANSI, and EIA). The evaluation of the structural integrity must be prepared by a professional structural engineer licensed in the State of Illinois. An extension must be securely bound to the utility pole, alternative antenna structure, tower or City-owned infrastructure in accordance with applicable engineering standards for the design and attachment of such extensions. 14. New Towers: No new monopole or other tower to support personal wireless telecommunication facilities shall be installed on rights of way within the corporate limits of the City unless specifically authorized by the Corporate Authorities based on clear and convincing evidence provided by the applicant, that locating the personal wireless telecommunications facilities on the right-of-way is necessary to close a significant coverage or capacity gap in the Applicant’s services or to otherwise provide adequate services to customers, and the proposed new monopole or other tower within the right-of-way is the least intrusive means to do so. Section 3: That Section 10-18-1 of the Yorkville City Code be and is hereby amended by amending the definition of ANTENNA to read as follows: “ANTENNA: Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.” Section 4: That Section 10-18-1 of the Yorkville City Code be and is hereby amended by deleting the following definitions: Ordinance No. 2017-____ Page 5 BACKHAUL NETWORK TOWER AND ANTENNA ORDINANCE UNLICENSED WIRELESS SERVICE Section 5: That Section 10-18-2 of the Yorkville City Code be and is hereby amended by adding a new subsection E. to read as follows: “E. If the Tower and/or Antenna is situated within the Public Right of Way, such tower and/or antenna must meet the requirements of Chapter 8, Construction of Utility Facilities in Rights of Way.” Section 6: 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 ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ ALEX HERNANDEZ ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________, 2017. ______________________________ MAYOR