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Committee of the Whole Packet 2003 05-06-03 I ' r 0 United City of Yorkville Alia EST. 1, 1836 County Seat of Kendall County �-.. . 800 Game Farm Road .4 f., _ Cl) Yorkville, Illinois 60560 O O Phone:630-553-4350 9 KatlMOw �'Z Fax:630-553-7575 AGENDA �`kLE NN' COMMITTEE OF THE WHOLE Tuesday, May 6, 2003 7:00 PM Conference Room Public Hearing: None Presentations: None Old Business: 1. City Hall/Police Department Bid Award & Construction Schedule with Finance Plan *COW 4/15/03 New Business: 1. New County Office Building - Update *Admin 4/10/03 0 2. Skate Park - New Life Church *Park Board 4/14/03 3. Parks Capital *Park Board 4/14/03 4. Text Amendment - Special Use R-1 - Antique Store *EDC 4/17/03 5. PC 2003-02 - Greene Rezone of 9818 Route 71 *EDC 4/17/03 6. PC 2002-06 Westbury Village - Annexation & Rezone *EDC 4/17/03 7. Text Amendment for R-2 Zoning regarding Lot Area Coverage *EDC 4/17/03 8. Monthly Police Reports for March 2003 *PS 4/24/03 9. Ordinance Amending Liquor Control Ordinance *PS 4/24/03 10. Tax Increment Financing Redevelopment Study & Plan Proposal *Mayor 11. Caledonia Subdivision - Engineering Enterprises' Review Service Proposal *Mayor 12. Fisher Property - Engineering Enterprises' Review Service Proposal *Mayor 13. Fox Logo for North Water Tower Site *Mayor • 14. Fox River Study Group *PW 4/28/03 15. Mill/Van Emmon Watermain - License Agreement for Crossing Illinois Railnet Tracks *PW 4/28/03 1 , ' • Page 2 Committee of the Whole May 6, 2003 New Business (con't): 16. Water Report for January 2003 *PW 4/28/03 17. Bruell Street Pump Station - Design Engineering Services *PW 4/28/03 18. City Hall Parking Lot - Results of Bid Opening *PW 4/28/03 19. Countryside Interceptor Engineering Agreement Amendment *PW 4/28/03 20. Geographic Information Study - EEI Proposal *PW 4/28/03 21. Sunflower Estates Phase 2 - Bond Reduction *PW 4/28/03 22. Yorkville Road Program - Supplement to Original Contract with Smith Engineering *PW 4/28/03 23. Purchase of Vehicle for Executive Director of Parks & Recreation *Mayor and • Park Board 24. Well Control Repair *PW 25. Fox Hill Subdivision - Hold Harmless Waiver *Park Board Executive Session: For the purpose of considering the appointment, employment, compensation, discipline, performance or dismissal of specific employees. Additional Business: • UNITED CITY OF YORKVILLE AGENDA • COMMITTEE OF THE WHOLE Tuesday, May 6, 2003 7:00 PM CITY CONFERENCE ROOM STATUS/COMMITTEE: )7.& -141. 6`h° OB 1. City Hall/Police Department Bid Award& Construction Schedule with Finance Plan /,:/ New County Office Building - Update 1 off, O ` NB2. Skate Park-New Life Churcl • �lr NB3. Parks Capital W/51-Zr /({ (" ,6,w,_ oaf/ /-0 NB4. Text Amendment - Special Use R-1 - Antique Store '!rt NB5. PC 2003-02 - Greene Rezone of 9818 Route 71 • 14"7-4"--"l 2 �-- ,4(//gleC • L01--S NB6. PC 2002-06 Westbury Village-Annexation& Rezone 14C2AAA3riftplik C — NB7. Text Amendment for R-2 Zoning regarding Lot Area Coverage NB8. Monthly Police Reports for March 2003 i''i 9. Ordinance Amending Liquor Control Ordinance NB 10. Tax Increment Financing Redevelopment Study&Plan Proposal ' B 11. Caledonia Subdivision - Engineering Enterprises' Review Service Proposal B Fisher Property -Engineering Enterprises' Review Service Proposal • NB 13. Fox Logo for North Water Tower Site 4� • C� '� NB 14. Fox River Study Group NB 15. MillNan Emmon Watermain -License Agreement for Crossing Illinois Railnet Tracks NB 16. Water Report for January 2003 C C.A' NB 17. Bruell Street Pump Station -Design Engineering Services 64' NB 18. City Hall Parking Lot -Results of Bid Opening Com , n' NB 19. Countryside Interceptor Engineering Agreement Amendment / NB20. Geographic Information Study-EEI Proposal y 4 NB21. Sunflower Estates Phase 2 -Bond Reduction • / • C� NB22. Yorkville Road Program- Supplement to Original Contract with Smith Engineering gyp. NB23. Purchase of Vehicle for Executive Director of Parks &Recreation (./PV rte. NB24. Viiit Control Repair//fm ,67;: //;), NB25. Fox Hill Subdivisio 0 . 1s:. ;lf r 00, Executive Session Additional Busines,s,0_,," _OA !ekervt--- teePkt -- ac;i0_6(s44,02,)- 19"76-' 671144134v)- • o � yµ= 3Q UNITED CITY OF YORKVILLE BID OPENING April 9, 2003 2:00 PM :. EXISTING REMODELING & BUILD-OUT REVISED April 15, 2003 1:00 PM DEVELOPMENT 41 PROJECT NUMBER-2002-009 v corm..""°`""' PROJECT BID SUMMARY ;_ # w CONST: .APPARENT -ALTERNATE;' ALTERNATE," .ALTERNATE ....ALTERNATE ALTERNATE ALTERNATE. Bn2PACKQGE*AN�.TE1&t.' .APPAREI4TLOWBIOAER" • jNOt4 N0.6-FlBER VOLUNTARY. . LOW BIDDER LOW BIDDER DOCUMENT_ LOW BIDDER' Nast GGNT NCL Na=3LIMESTONE .•NO 5-BRICK. CEMENT . ALTERNATE w/Alternates lS w/Alternates 146 .,:,.•;-7:„..,,..4.-:„.:),, > ,.: , + I ESTIMATEi :.BASEBl :WELL CASEWORK CANOPIES CAPS :VENEER" SIDING' ' �' ,.• BP e28•EARTHWORK/CAST IN PLACE CONCRETE Premium Concrete $ 70,000 5 78,400 $ 23,200 $ 3,500 $ 2,000 - $ 107,100 S 105,100 BP MAA-MASONRY WORK Lite Construction 5 - 5 12.000 3 114.997 5 126,997 $ 12,000 BP MRA•GENERAL TRADES Edwin-Anderson 5 265,000 5 274,500 3 18,700 5 5,200 $ 18,300 - $ 15,200 5 13,800 - 5 331,900 $ 330,500 BP MSB•FLOORING Tri-State Flooring $ 30,400 $ 26,989 S 26,989 $ 26,989 BP 119G•PAINTING Oosterbaan&Sons 5 24,200 $ 21,900 $ 1,100 5 - $ 1,200 3 - 5 1,000 5 1,500 5 4,500 5 29,700 $ 30,200 BP ANSA•HVAC Bremer Sheet Metal $ 69,000 S 76,300 $ 75,300 S 76,300 BP MISB•PLUMBING Cannonball Mechanical $ 30,600 5 27,950 $ 2,630 5 - $ - $ - $ 1,660 $ 1,660 $ 32,240 $ 32,240 BP*15A•ELECTRICAL DL Cook $ 88,000 $ 67,891 5 - $ - $ ' - $ - 5 925 $ 925 S 88,816 S 68,816 SUB TRADE TOTAL $ • $ 577,200 $ 573,930 5 45,630 5 5,200 5 23,000 5 12,000 $ 135,782 $ 17,885 5 4,500 $ 800,042 $ 682,145 CM Co tingency B% 5 - $ 46,176 S 45,914 $ 3,650 $ 416 5 1,840 5 960 5 10,863 5 1,431 • $ - $ 109,819 S 54,212 cm General CondlUoa $ 80,000 S 80,000 $ - 5 416 5 - 5 960 5 10,863 $ 1,431 5 - $ 172,239 S 82,807 CM OH A P 4s% ' $ 29,574 S 29,427 5 2,053 5 253 5 1,035 $ 583 3 6,599 $ 869 $ - 5 69,524 S 34,220 Owner Expenses•FFBE.PermitP..a Reimbursable*ETC. T.B.D T.B.D T.B.D T.B.D TOTAL 5 732,950 S 729,271 $ 51,334 $ 6,285 $ 25,875 5 14,503 5 164,106 5 21,616 $ 4,500 5 1,151,624 5 853,384 •GENERAL CONDITIONS INCREASE 5%DUE TO ADDITIONAL SCOPE OF WORK - UNITED CITY OF YORKVILLE BID RESULTS SUMMARYAM "'" ILL EXISTING REMODELING & BUILD-OUT BID OPENING AprIl 9,2003 2:00 PM DEVELOPMENT qt ;171 PROJECT NUMBER-2002-009 REVISED April 15,2003 1:40 PM �� cuNsrr+uCnoN 's:;. CONSTRUennN AwuGEkiik r QlE ♦ �J BP #4A - MASONRY WORK 5 S ALT RNATE NO. ALTERNATE NO. ALTERNATE NO, ALTERNATE NO. ALTERNATE NO. ALTERNATE No. 4-LIMESTONE- 5 BRICK c S-FIBER nip PLUS U CONTRACTOR BASE BID 1 -'LIGHT WELL ;2-CASEWORK 3-CANOPIES. CAPS "VENEER* ,CEMENTsommommummmummoom SIDING*. Al TERNATES'' e A. Horn Masonr $ 3,250 $ 123 925 $ 127 175 ©Albert Wendt Mason -■ NO BID -_ ©Grace Mason NO BID -_ MIS & KMason NO BID ©Stonehenge Masonr NO BID IN Lite Construction $ 12 000 $ 114 997 $ 126 997 e APPARENT LOW BIDDER: •$ 3,250 .i.$ 1.14,997:' $ 126,997. A.Horn Masonry Lite Construction Lite Construction `4iy c,I` .-%,•4",''' ai a ° UNITED CITY OF YORKVILLE BID RESULTS SUMMARY EXISTING REMODELING & BUILD-OUT BID OPENING April 9,2003 2:00 PM EW.iEVELOPMNT PROJECT NUMBER—2002-009 REVISED April 15,2003 1:49 PM VVI_LLIAM_S OENEiLV..CON•TRUCTKJN ''E +, OMTAUCTICN MAP ACII'MEN' BP #2B -EARTHWORK/CAST IN PLACE CONCRETE is !. . 1 i : S 1 3• ' ALTERNATE NO 1ALTERNATE NO, ALTERNATE NO ALTERNATE NO. ALTERNATE NO, ;•4.1 LIMESTONE J:,. - RICK #. CONALTERNATE Noa-FIBER' BID PLUS TRACTOR BASE BID 1 LIGHT WELL 2-CASEWORK $-CANOPIES * . Ememommiminommenimmi CAPS VENEER.. .EM.NT SIDING ALTERNATES e Elliot Concrete NO BID ©K. Keu• Concrete NO BID ■_ eKocurek Concrete NO BID e Premium Concrete $ 78 400 $ 23 200 $ 3,500 $ 2,000 $ 107 100 ER. A. Bri•ht Construction NO BID e Lite Construction $ 79 997 $ 45 000 $ 17 000 $ 2 500 $ 144 497 e e 10 111 APPARENT LOW BIDDER: APPARENT LOW WITH ALTERNATES: Premium Concrete $ .; ..78 400 Premium Concrete $ 107010(1 � UNITED CITY OF YORKVILLE BID RESULTS SUMMARY WILLIAMS r. ""' EXISTING REMODELING & BUILD-OUT BID OPENING AprI19,2003 2:00 PM )DEVELOPMENT kir ',1 AprIl 15,2003 1:58 PM PROJECT NUMBER-2002-009 REVISEDGeNHiAI CONSTRUCTION h`E . , GONSTPICTIG14 AUNAGEMEHT BP #6A -GENERAL TRADES 1 i 1 • fit ALTERNATE-1. ' . • ALTERNATE • . �, 4 NO.4- 1. ALTERNATE NO,6-FIBER . :BID PLUS DID PLUS ALTERNATE ALTERNATE : ` ALTERNATE- 1 NO.1 -LIGHT EASE .! NO.2 NO.3- LIMESTONE I NO.5-BRICK CEMENT' ALTERNATES 1- ALTERNATES =, CONTRACTOR BID . •:;!:� WELL ' '; CASEWORK ' : CANOPIES"' , CAPS."` '; i VENEER"` .., ,SIDING*; ,-; 6� '': 1.4;8 e A. R. Bex& Sons NO BID _■ ■ ©Driessen NO BID ©Edwin -Anderson $ 274 500 $ 18 700 $ 5 200 $ 18 300 $ 15 200 $ 13 800 $ 331 900 $ 330 500 is Frontier Construction $ 301 695 $ 18 678 $ 7 389 $ 17 000 $ 24 456 $ 15 298 $ 369 218 $ 360 060 Har•rave Builders NO BID • e L.J. Dodd NO BID e Lite Construction NO BID e MIC Inc. NO BID e Struebin. Construction $ 275 149 $ 15 019 $ 9 077 $ 22 920 -, $ 7 654 $ 21,321 $ 329 819 $ 343 486 10 -_ El APPARENT LOW BIDDER: APPARENT LOW WITH ALTERNATES: Edwin -Anderson $• .'274,500: $?i.:: 329,819 :` $ :':330,500 Struebing Edwin- Construction Anderson .,�� i.,' ,:",:,_` UNITED CITY OF YORKVILLE BID RESULTS SUMMARY ILLIAMS EXISTING REMODELING & BUILD-OUT BID OPENING AprIl 9,2003 2:00 PMWI-LVET,L_ APIVIE,AE,EONT g � I • t,i'. PROJECT NUMBER-2002-009 REVISED April 15,2003 2:08 PM �er+ALCONsn+�,�;*ION ,„E N6'nuCa ANM] NT BP#9B -FLOORING I , •t t i 3 I o 1 t t . I ' . ALTERNATE NO.r,ALTERNATE N0 ;ALTERNATE NO, f;ALTERNATE NO., ALTERNATE NO, ALTERNATE NO."4•LIMESTONE 5-BRICK ... :$-FIBER � . SIpPL4S •,,: = }., CONTRACTOR BASE BID 1;-'LIGHT WELL . 2 CASEWORK' 3-CANOPIES .'' CAPS 'i , 'VENEER". GEMENT SIDING" 'ALTERNATES `- -All Tile Inc. NO BID -■ ■- ©Car•etile Stores NO BID ©Floorin. Resources NO BID e Flooring Solutions $ 36 600 -■.- $ 36 600 ©Johnson Floors NO BID eTri-State Floorin• $ 26 989 e Watson Smith $ 26 989 e 10 ® , El APPARENT LOW BIDDER: APPARENT LOW WITH ALTERNATES: Tri-State Flooring $ 20 909: Tri-State Flooring ,En CIII UNITED CITY OF YORKVILLE BID RESULTS SUMMARY '''411'` EXISTING REMODELING & BUILD-OUT BID OPENING AprII 9,2003 2:00 PM DEVELOPMENT 4. f PROJECT NUMBER-2002-009 REVISED AprIl 15,2003 2:28 PM aE4W4[rNBIRUGNWI IE 001.4STRUOl10N MANAL.EMENI BP #15A-HVAC (, ` _ I . ,ALTERNATENALTERNATE NO, ALTERNATENO71 „It -LIMESTONE 4.,BRICK Y ' 6-FIBER ; BID P1-US'< ,' ONTRACTOR � ��SASE slp �` '.AI.TQRMATE NO.., ALTERNATE NO. ALTERNATE NA, A � *, 1 LIGHT WELL ` 2-CASEWORK : !3-CANOPIES GAPS .,' i VENEER `-CEMENT SIDING*.• ALTERNATES moommommi sommommommummommommi III Bremer Sheet Metal $ 76,300 $ 76 300 ©Ber Heatin• & Conlin. NO BID ©El.in Sheet Metal NO BID eGreiter Mechanical Services, Inc. $ 106,096 $ 106,096 ©Mel-O-Air $ 110,000 �■ $ 110,000 e .. 111 10 APPARENT LOW BIDDER: APPARENT LOW WITH ALTERNATES: Bremer Sheet Metal $?. 76 300 Bremer Sheet Metal 76 300 ,po crr` a,- UNITED CITY OF YORKVILLE BID RESULTS SUMMARY WILLIAMS P-- --Ni -- ' EXISTING REMODELING & BUILD-OUT BID OPENING April 9,2003 2:00 PM )DEVELOPMENT VII 41 yPROJECT NUMBER-2002-009 REVISED April 15,2003 2:20 PM L% r�Na,u-mnc. Ns�a,cN LE's' NSSRIICPUR MANN3k FIF.HI BP#9G - PAINTING I 3 -: � Il i I:` ; ` 1I.:. 14 1 '' t I � f � i I ' ` y tr :.I ' f a t �.FF dl4I t1 3 - I # 'r i ° t ! , '4.1- :r 3d ' H. � t Irtsf: f ( , 4 I ( d. ,2 it 1I�Ij 1 I 14> rt i ji ¢i . 1 I b. t fI,TERNATENO,; ALTERNATE N ',ALTERNATE NOPIR PLUS ;r i ,I ,1 l, ; � : ;'t' 'ALTRNATE NO'"ALTERNAT .NO ALTERNATEN0.'14,=LIMESTONE ill< 5 ;BRICK ;I � a-FIRER 1, 'ALTERNATES 1,f'`.1 • CONTRACTOR : ; `' BASE Big .R'1.-LIGHT WELL''2 CASEWORK 3-CANOPIES ; , CAPS rr .VENEER* . GEMENT SIDNG*, 4{,6. eNmmmsueimmNNIENmmmomsumumnimmmmsmoimismmuwmimnsmmimiummm Central Decoratin• $ 44 400 $ 3 200 _ $ 2 400 _ $ 3,900 $ 1 200 $ 51 200 ® $ 15,465 $ 825 $ 180 $ 350 $ 16,470 e Oosterbaan & Sons $ 21 900 $ 1 100 $ 1,200 $ 1 000 $ 1 500 $ 25 700 Iii Pecover Decoratin. $ 39 230 $ 1 700 $ 720 $ 560 _ $ 41 650 e 1111 is10 11111 �� ■� Ill APPARENT LOW BIDDER: APPARENT LOW WITH ALTERNATES: LeCuyer Painting $j, ` 15.465: LeCuyer Painting $ I 16,470 Oosterbaan & Sons $ 1 21,900 Oosterbaan & Sons �toc,,.0. UNITED CITY OF YORKVILLE BID RESULTS SUMMARY 1 , " EXISTING REMODELING & BUILD-OUT BID OPENING AprIl 9,2003 2:00 PM DEVELOPMENT 4g,1ttit; y1' PROJECT NUMBER-2002-009 REVISED AprIl 15,2003 2:44 PM Bnuxntl VFJM1A(3EMEM lilt 0" BP #16A -ELECTRICAL '{ J �J i ,_ i fi , i t1 , ;ALTERNATE NO ,ALTERNATE No. ALTERNATE NO, , ALTERNATE NO ,ALTERNATE NO. ALTERNATE No..), 4-LIMESTONE-,i 5=BRICK t ,, 6=FIBER BID PLUS ,, #; • :'CONTRACTOR BASE SID ' ":'1=LIGHT WELL>,.2 CASEWORK ' 3-CANOPIES CAPS , : - VENEER A CEMENT SIDING*. ALTERNATES.;, ',Anchor Electric $ 86 000 $ 1 250 $ 1 250 $ 87 250 e Cattaneo Electric NO BID ©DL Cook $ 67,891 $ 925 $ 925 $ 68,816 eFrost Electric $ 85,500 $ 1 200 $ 1 200 $ 86 700 ©Preferred Electric NO BID -■ e US Electric NO BIDa _. e is 10 el APPARENT LOW BIDDER: APPARENT LOW WITH ALTERNATES: DL Cook $``, 0 091 DL Cook .$ 68,810 .ttA ClPh '411,i "�°p UNITED CITY OF YORKVILLE BID RESULTS SUMMARY �� 4,0,-m+'e o Ams UNITED CITY OF YORKVILLE BID OPENING April 9,2003 2:00 PM DEVELOPMENT ‘14. 4{k°', PROJECT NUMBER-2002-009 REVISED April 15,2003 2:37 PM ger wroa*/aucnan �lE . CpW9TaUp7,(yl r.WUO[AYN7 BP #15B - PLUMBING r W t 1 j j 1 i i rI G(''r 1 , l �r s t, 6,'t 1 i i ''I, j ALTERNATE NO A 'E RN E !( „= ' `c ', t AL ERN ,T NO '1,4 rt NO, ',�F , ;.; f - I I,T � A,T NO. ALT�RNAT� T A. ALTERNATE NO, ALTERNATE NO.' 4"i-IMESTPNE fR. , 8 .BRICK, . S-FIBER; = S SIR PLUS NEN4.;:-.,,...;;J:.. r .CONTRACTOR 'BASE BID miimmomm.. - 1'-LIGHT WELL ;,2-CASEWORK.: 3-CANOPIES CAPS .,t VENEER* ::i CEMENT SIDING*' ALTERNATES smumunimiummiminommimommismim e Adler Plumbin. $ 41 190 $ 1 650 _--. $ 1 400 $ 44 240 ©Admiral Plumbin• NO BID ©Cannonball Mechanical $ 27 950 $ 2 630 $ 1,660 $ 1 660 $ 32 240 'ICJ Erikson NO BID ©Ha.ert & Son Inc. $ 30 100 $ . 1 840 $ 580 $ 580 $ 32,520 e KC Plumbin• NO BID eRobert Lenert& Sons NO BID e �■�■� �� I� IN APPARENT LOW BIDDER: APPARENT LOW WITH ALTERNATES: Cannonball Mechanical 27 9$0! Cannonball Mechanical $ ,;1. X40; o United City of Yorkville EST i:36 County Seat of Kendall County 1 800 Game Farm Road r ��= Yorkville, Illinois 60560 I 13. O Phone:630-553-4350 'Q� Fax:630-553-7575 v it l � E � April 18, 2003 Jeff Wilkins, Administrator Kendall County 111 West Fox Street Yorkville, IL 60560 RE: New County Office Building Request for Fee Waivers Dear Adm. Wilkins: The City Council reviewed your request for consideration of waiving any permit fees in regards to the new office building at their committee of the whole meeting on April 15, 2003. The consensus of the council was to waive the fees except for any out of pocket cost the city incurs, however in consideration for waiving the fees they would like to discuss right of way acquisition of 50 feet on the west section of the county complex for a future roadway as was depicted on the concept plan. I know our City Attorney will be discussing this with the States Attorney, however can you discussed this with the appropriate committee to receive any input on this request. The next time the city council will discuss your request will be at the next COW meeting on May 6`h. Furthermore, let's begin discussion on the Old County jail property the City is interested with using the property for community use such as: a visitor center, chamber of commerce office, and/or Yorkville Economic Development Corporation office. Please let me know if you have any feedback. Again, thank you for your cooperation and I believe we can come to a successful conclusion for all parties. Sincerely, '0-A4,"/ Tony Graff City Administrator Cc: Mayor Art Prochaska Atty. Dan Kramer . a • _S_-------------- wo of KENDALL KENDALL COUNTY BOARD 9,1 1 111 West Fox Street /1 /,p3 Q C�rint4 �B11 A0 Yorkville, Illinois 60560-1498 l (630) 553-4171 1 (f1'33 FAX (630) 553-4214 7� C° ZZ/D3 March 27, 2003 Mayor Art Prochaska United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: New County Office Building Dear Mayor: As you know Kendall County is in the process of designing a new county office building to be located at the John Street campus. The County Board has taken great effort to create a practical, functional and aesthetically pleasing building to serve the community. We hope the citizens of Kendall County will be proud of the new facility. We have been very pleased with the efforts and cooperation of the Yorkville officials and staff in helping us with our process. We also look forward to future cooperative efforts as the parcel west of the campus develops. The plans for each parcel appear to compliment the other. As in the past, the County Board would like to request any assistance available from Yorkville in the form of fee or permit waivers. We hope this request is acceptable. Thank you very much for your consideration. Please contact me at 553-4142 should you have any questions. V r T ly Y•oini If Wilkins Kendall County Administrator cc: John Church, Board Chair Nancy Martin, Ad hoc Chair /Tony Graff, Yorkville City Administrator 1.0—aS of pY _. -, L-3,..,-,47-4 iz.z-- .,-..;,11 ,— . i ! # A11 w s N �r-w z , fix r 1 n� �mL Ati x 11 XY _ .� . ,x I esiung orivnalil 1 1 r i / , ar I . , , ,8 11 it r h' 1,'� ii- rs a Y x i i7 - -0 1 = 111 1 t, ' 1 iff me Wit_ ,F: .a 1 C b fr rPa 2,,,s., 3 A ,,, ii: � ,1�, �1 t o ," s t r '. r, do �` b e 1 7 r "4,-'1.1i iM {'v,e. .1,1,,41,, , r , Y''6,.Q(�' iz t 1 e t.k'� * T t I -- .a b fi - ii 1) Mfr b rrgW II S m, A K[t9°),C[YG3py YORKVILLE tic PARKS 6 RECREATION Yorkville Parks&Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: yorkrecdepaol.com Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo d P P ' �o vs To: Park Board ? \ a��‹-A 4114to3 From: Laura J. Brown, Executive Director c_.L.,..:.. sv,..., o Date: April 8, 2003 c_; c_ w,,. -/t--310 - . Cc: Art Prochaska, Mayor Tony Graff, City Administrator Re: Skate Park Status On February 25, 2003 we received correspondence from Attorney Lisa Coffey, representing Brent Schalhamer from Parfection Park, Inc. Ms. Coffey indicated that Mr. Schalhamer's desire was to increase the monthly rental of the use of the land for the Skate Park to a rate of$500.00 per month beginning on February 1, 2003 (back dated charge). In addition, if the City chooses to vacate the premise, the property must be restored to the original state, and rent assessed until the premises are returned to their original condition. Staff have reviewed the current contract and forwarded the correspondence to the City Attorney for recommendation and review of the terms of the contract. In addition, have pursued options for the location and operation of the Skate Park as a result of this notification and recognizing the increase cost to maintain the park at this location. ($3,500 for lease of the land, $7,500 staff costs, general operation $2,000 = $13,000). New Life Church has expressed a desire to obtain the remaining skate park equipment and operate a public skate park at their site (3205 Cannonball Trail). The skate park equipment would include; two 4 foot hip, two 2 foot fun boxes, two 4 foot quarter pipe and one free standing grind rail. In addition the church would be interested in any of the structural items that could be preserved, fencing, wood canopy, and pavers. Estimate value of the equipment at the time of purchase $44,337.58 (July of 2000). In exchange for the equipment, New Life Church will provide the volunteer manpower and time to disassemble and relocate the Skate Park Equipment. In addition, the Church will assist with the restoration of Parfection Park to the original state by the removal of the gravel, fill in with black dirt, breaking up and removal of the concrete, and assist as necessary. The removal and relocation of the Skate Park would be coordinated with the Parks Department so they could complete the following items; removal of the building and relocation to Beecher Park, removal of the drinking fountain, disconnection of electrical, 1 water, and plumbing, removal of all signage, landscaping and coordinate the grading of the property upon the completion of the work. A third party has agreed to remove and relocate the building structure to Beecher Park free of charge. It is staffs desire to place the building on a donated concrete pad as a temporary concession area for the baseball /softball fields at Beecher Park. Through the relocation of the Skate Park Equipment to New Life Church, the park and recreation department would establish a written agreement releasing the City of all responsibilities for the maintenance and operation of the Skate Park. New Life Church would assume all responsibilities and liabilities for the operation. New Life Church would establish a public skate park - free of charge during the following hours; Mondays, Tuesdays, Thursdays, Fridays, and Saturdays 11:00 am to dark; Wednesday 11:00 am to 7:00 pm and Sundays 12:30 to dark. With the Approval of the Park Board and City Council the following timetable could be implemented to accomplish the relocation of the skate park. Timeline for implementation: April 14, 2003 Park Board Approval April 22, 2003 City Council Approval April 23, 2003 Parfection Park Notified of desire to vacate April 25, 2003 Attorney establishes a written agreement releasing responsibility and liability. June 1, 2003 Equipment removed and Parfection Park restored In addition to the above option with New Life Church staff have presented an second option to consider as follows; Option Two: Removal of the Skate Park equipment by the Parks Department, and place the equipment and amenities in storage until a suitable site could be identified. •Page 2 AGREEMENT UNITED CITY OF YORKVILLE And NEW LIFE CHURCH This agreement is made and entered into this day of 2002, by and between THE UNITED CITY OF YORKVILLE an Illinois municipal corporation (the "city"), and the NEW LIFE CHURCH, an Illinois not-for-profit corporation (the "Church"). WITNESSETH WHEREAS, the City is the owner of the Skate Park (the "Park") which the Church wishes to obtain from the City and the City wishes to offer the Church the Skate Park equipment on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, it is mutually agreed by and between the parties hereto as follows: FEES FOR USE. The City agrees to waive fees associated with the sale of the skatepark equipment in exchange for the Church's assistance with removal and restoration of the property known as parfection park, skate park. FURTHERMORE, The church agrees to assist with the preparation of parfection park site to its original status through the disassemble and removal of the skate equipment, pavers, fencing; and canopy, and breaking up and removal of the concrete; and the removal of the gravel and providing of the black dirt fill. The City will coordinate the removal of the building, drinking fountain, landscaping and the disconnection of the utilities. Operation of Skate Park In recognition of the donation by the City of the Skate Park equipment, the Church agrees to operate the Skate Park for open to the general public during the posted times as established by the Church. In addition, the Church will operate the park without assessing a fee for use for one year. After said time the Church will fulfill their obligation and determine the best administrative practices for the future use. Maintenance Agreement. In agreeing to obtain the Skate Park equipment from the City, the Church agrees to assume all responsibility and liability associated with the maintenance of, and the operation of the equipment. Insurance The Church shall maintain appropriate liability coverage to cover all parties associated with the church during the removal of the skate park equipment and the work during the restoration of the parfection park property. Furthermore, the church shall provide their own coverage for the operation of the skate park at the 3205 Cannonball Trail site. Waiver of subrogation. The Church waives all rights against the City for recovery of damages to the extent these damages are covered by the liability insurance maintained pursuant to this Agreement. Indemnification. To the fullest extent permitted by law, the Church will defend, indemnify and hold the City harmless from all claims arising directly or indirectly from or in connection with (i) the conduct or management of the programs and activities of the Church; (ii) any act, omission or negligence of the Church or any of its directors, officers, agents, employees, invitees or contractors of the Church; (iii) any accidents, injury or damage whatsoever occurring on or at the Skate Park arising from, directly or indirectly, the use of the Park by the Church or any of its directors, officers, agents, employees, invitees or contractors, as well as participants in the Church's programs and activities except to the extent of any negligent or wrongful act or omission of the City. However, this limitation shall not in any way limit the Church's duty to defend the City. IN WITNESS WHEREOF, the parties hereto have, the day and year first above written, signed and executed this Agreement by virtue of authority given and granted by the respective corporate authorities of the parties hereto. THE UNITED CITY OF YORKVILLE By: Mayor, United City of Yorkville By: Park and Recreation Board Attest: CITY CLERK NEW LIFE CHURCH By: Senior Pastor Attest: Representative 04/21/2003 15:37 FAX 630 553 5(b4 URNILL J. KKRMtH IQJVUL/VV[ J`4*,0 C/'•` id�_,0.� United City of Yorkville County Seat of Kendall County E9f. L,+1 800 Game Farm Road - r. : . , _ dl Yorkville, Illinois 60560 46 1. ,, Q Phone:630-553-4350 '9 . = Fax:630-553-7575 N.lE ‘‘'' April 21,2003 Laura Brown Parks &Recreation Director 301 E. Hydraulic Yorkville,IL 60560 RE: Skate Park Agreement with New Life Church Dear Laura: I have reviewed the proposed Agreement with the New Life Church in regard to the removal of the Skate Park equipment, as well as the new operation at their site. • I would suggest that we review the original Agreement on the Skate Park and the terms of any written donations made by individuals and business owners for the Skate Park construction. We need to make sure we are not violating any agreement we made in regard to the donation of the equipment by the conveyance of ownership of the equipment to a private entity. Secondly are we going to run City Park Board events or use as a new City Skate Park? If so I would suggest we flesh out our rights with regard to that continued use. I have no problem with the equipment being donated to the Church and used on that site,however if we are going to retain rights of use as a City Park Board, we should have specific rights named therein,and I would work on a Policy Statement that it is open to the general public so we do not create bad I.elings among the many individuals and businesses that donated both materials, labor, :, d the initial idea to create the amenity for our local children. Should you have . further questions,please feel free to contact my office. Very yo , 'el J.Kramer Attorney at Law DJK:rg RI 'V ED Memorandum 4/141 o c C:=9"-• �Ca c•-; Co L. To: Laura Brown CC: Eric Dhuse From: Scott Sleezer Date: 4/14/2003 Re: Budget Expense Laura I have noticed in the current budget we will have a carry over in the parks capital line item. With the expansion of staff and the alignment of summer crews we are having difficulties in getting all of the man power and equipment to the park locations with the current vehicles. The following is a purposed transportation and vehicle assignment list. Brett—Utility truck Tony—( Dump truck July) Ryan -89 pickup Rob - 01 pickup Scott—(03 pickup June) Jamie- (new pickup if allowed) .The utility cart is used by all park staff based on where there working. By having an additional two wheel drive basic pickup vehicle it would alleviate some of the limitations. With your permission I would like to go out to bid on a 2003 two wheel drive basic pickup with specks as follows and an amount not to exceed fifteen thousand( 15000.00 ). Respec lly, 4 Scott Sleezer 1 Parks Pickup Work Series Air Conditioner 6050# GVWR Vinyl Bench Seat 139" Wheelbase Ash Tray 4.2L V6 Cigar Lighter Automatic Transmission Spare Tire and Wheel Power Steering Interval Wipers Power Brakes 30 Gallon Fuel Tank Anti-Lock Brakes AM/FM Radio 130 AMP Alternator Gauges Black Vinyl Flooring 540 CCA Battery Step Rear Bumper Cargo Light Dual Air Bags Dual Sunvisors 8 Foot Bed Color: White Must be available to deliver truck within 14 days of bid opening. UNITED CITY OF YORKVILLE From the Desk of Liz Wpm May 2, 2003 TO: Mayor and City Council RE: Ordinance for Text Amendment - Special Use R-1 - Antique Store (New Business Item #4 on COW Agenda for May 6, 2003) Kelly Kramer is working on this item and will have it to our office on Monday for distribution to your packets. If you have any questions, please contact me. Thank you, V , ) / S`-i Liz D'Anna Deputy Clerk cc: Department Heads 04/19/2003 08 50 FAX 630 553 5784 DANIEL J. KRAMER 0002/004 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) ORDINANCE 2003- AN ORDINANCE AMENDING TITLE 10, CHAPTER 6 ARTICLE B SECTION 5 OF THE YORKVILLE CITY CODE (R-2 ONE FAMILY RESIDENTIAL DISTRICT) WHEREAS,THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council,has determined it necessary to increase the Lot Coverage allowable in the R-2 One Family Residential District within the City of Yorkville; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that in order to create architectural and aesthetic diversity within the community the allowable Lot Coverage allowable in the R-2 One Family Residential District shall be increased. WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Title 10, Chapter 6, Article B, Section 5 of the Yorkville City Code to change the allowable Lot Coverage in the R-2 One Family Residential District from twenty percent (20%)to thirty percent(30%); NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10, Chapter 6, Article B, Section 5 (Lot Coverage)of the Yorkville City Code is hereby amended to allow the following: 04/19/2003 06 50 FAX 630 553 5764 DANIEL J KRAMER Z003/004 "Not more than thirty percent(30%)of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. Drives and sidewalks on grade are not to be considered structure." 2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. 3. That if a conflict shall arise with respect to the Code of this Amendment, this Amendment shall control, REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. SEVERABILITY: If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. IN WITNESS WHEREOF,this Ordinance has been enacted this day of , 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, 04/19/2003 08: 50 FAX 630 553 5764 DANIEL J. KRAMER Z004/004 this day of , A.D. 2003. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois this day of , A.D. 2003. Attest: CITY CLERK This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville,Illinois 60560 630-553-9500 04/25/2003 14 : 18 FAX 830 553 5764 DANIEL J. KRAMER 002/007 STATE OF ILLINOIS ) April 22, 2003 ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2003- AN ORDINANCE AMENDING TITLE 3, CHAPTER 3 ARTICLE 4 SECTION(B) OF THE LIQUOR CONTROL ORDINANCE OF THE UNITED CITY OF YORKVILLE TO ALLOW SAMPLING AND/OR TASTING OF ALCOHOLIC LIQUORS BY CLASS B LIQUOR LICENSE HOLDERS WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have considered modification and amendment to Title 3, Chapter 3, Article 4, Section(B)of the City Code providing for liquor control within the limits of the UNITED CITY OF YORKVILLE; and WHEREAS, hearings have been held before the City Council and Public Safety Committee, due consideration given by the City Council sitting as a Committee of the Whole, and by the City Council and Staff of the City regulating the sale of alcohol within City limits; and WHEREAS the City has determined it to be in the best interests of the community and its economy, as well as for the benefit of the current and future license holders and amend the Uses Permitted provision of the Liquor Ordinance to allow the sampling and/or tasting of beer and wine by Class B Liquor License Holders; and WHEREAS,the purpose of restricting the types of activities which may occur on the premises of a liquor license holder in the City,is to prevent any secondary effect these activities may have on the community as a whole, including but not limited to,crime, disorderly conduct and juvenile delinquency; and 1 04/25/2003 14 18 FAX 630 553 5764 DANIEL J KRAMER 003/007 NOW THEREFORE be it Ordained by the UNITED CITY OF YORKVILLE that Title 3, Chapter 3, Article 4, Section (B)of the City Code is Amended to include the following paragraph: 1. Section 3-3-4(B) shall be amended to add the following paragraph: A holder of a class B and Bl licenses may furthermore be permitted to allow the sampling and/or tasting of the products being sold subject to the following restrictions: a. The administration of such sampling and/or tasting shall be done under the supervision of a department manager or facility manager; and the actual serving shall be done only by a person over the age of 21 years; and b. The sampling and/or tasting, consumption, or possession of any alcoholic liquor by any person under the age of 21 years is strictly prohibited, and the server of such sample and/or taste will bear the responsibility of enforcing such prohibition; and c. The sampling and/or tasting may not be offered more than two times a week and shall not exceed six hours for each day of such sampling and/or tasting; and d. Sampling and/or tasting must occur on the premises if the sale of alcoholic beverages is the primary function of the licensee or in a single designated location within the premises if alcoholic beverages are not the primary goods being sold by the licensee; and e. The samples and/or tastes shall be limited to beer, wine, and liquors 2 04/25/2003 14 18 FAX 630 553 5764 DANIEL J KRAMER Z 004/007 pursuant to section 1 paragraph(g); and f. The samples and/or tastes shall be limited to four ounces or less of beer and/or wine; and g. The number of products to be sampled or tasted on any one day or at any single event shall not exceed the following: 1. The number of wines that may be sampled or tasted on any one day or at any single event shall not exceed twenty-five(25); and 2. The number of beers that may be sampled or tasted on any one day or at any single event shall not exceed ten(10); and 3. The number of liquors that may be sampled or tasted on any one day or at any single event shall not exceed one product; and h. Upon application and approval by the Liquor Commissioner, a licensee may seek a temporary variance from the paragraph e and/or g in order to conduct a Special Event. 1. Special Event: An activity conducted to support the licensee's regular business, a. For a specific date or dates; and b. For a specific time period not to exceed six hours per day and for no more than four days during any one year period; c. Conducted only on licensee's premises. 2. Variance Application Procedures: a. Application for permission to conduct a Special Event shall 3 04/25/2003 14 : 18 FAX 630 553 5764 DANIEL J. KRAMER 0 005/007 be written, signed by the licensee, verified under oath, and shall contain the following information: 1. Name and address of applicant; 2. The person or persons in charge of the event; 3. The place of the proposed event; 4. The date or dates and time of the proposed event; 5. A brief description of the nature of the event. b. The Liquor Commissioner may call a formal hearing as to any application upon written notice to the applicant. All interested persons shall be heard at that time. c. The decision of the Liquor Commissioner regarding an application shall be issued in writing and mailed to the applicant within thirty days after submission of said application and shall list the specific time,place, date and hours during which said special event is authorized or a declaration that the special event is not authorized along with a written opinion in support or explanation of said decision. The Liquor Commissioner may also impose any other reasonable conditions or restrictions as to the manner in which said special event is conducted. A copy thereof shall be forwarded to the chief of police. d. The violation by applicant of any condition or restriction imposed by the Liquor Commissioner,pursuant to subsection h of this section, shall be good cause for denying subsequent application. REPEALER: All ordinances or parts of ordinances conflicting with any of the 4 04/25/2003 14. 18 FAX 630 553 5764 DANIEL J. KRAMER 006/007 provisions of this ordinance shall be and the same are hereby repealed. SEVERABILITY; If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. IN WITNESS WHEREOF,this Ordinance has been enacted this day of , 2003, PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2003, MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this day of , A.D. 2003. Attest: CITY CLERK 5 04/25/2003 14: 18 FAX 630 553 5764 DANIEL J. KRAMER 007/007 This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630-553-9500 6 -1%$Ou. G rvti avyoEO 1M �l YORKVILLE POLICE DEPARTMENT • CHIEF OF POLICE 804 Game Farm Road Phone (630) 553-4340 Harold O.Martin III Yorkville,Illinois 60560 Fax (630) 553-1141 Date: April 5, 2003 To: Chief Harold 0. Martin III From: S/Sergeant Ron Diederich Reference: Monthly Mileage Report During the month of March 2003, the Yorkville Police Department logged a total of 15,158 miles. Individual miles are: Squad Vehicle Squad Usage Monthly Current Reassign/ Miles Miles Replace Date M-1 2001 Ford Crown Victoria Patrol 1,414 46,354 2004/2005 M-2 1996 Chevrolet Caprice Admin. 652 127,816 2004/2005 M-3 1998 Ford Crown Victoria Patrol/Support 311 112,550 2003/2004 M-4 2002 Chevrolet Impala Patrol 2,664 14,645 2005/2006 M-5 1998 Ford Crown Victoria Lieutenant 501 105,409 2003/2004 M-6 2003 Chevrolet Impala Chief 251 4,721 2007/2008 M-7 2001 Ford Crown Victoria Patrol 1,991 59,777 2004/2005 M-8 M-9 2000 Ford Crown Victoria Patrol 2,134 51,565 2004/2005 M-10 1991 Ford Thunderbird DARE 309 120,551 2004/2005 M-11 2003 Ford Crown Victoria Patrol 1,199 17,867 2005/2006 M-12 1999 Ford Expedition Patrol/Support 1,160 32,838 2009/2010 M-13 2001 Ford Crown Victoria K-9 830 • 26,170 2010/2011 M-14 2003 Ford Crown Victoria Patrol 1,742 19,458 2005/2006 Yorkville Police Department Offense Report.- March 2003 Arson 0 00 0 `�� - -- ------ — ~---~^--- - - - __- 0 ______, 0 0 0 o o o 0 0 Assault • 1 2 0 1 1 2 0 0 0 0 - 0 8uKn� � 6 8 8 4 15 - - 72 \0 Cannabi 2 3 1 1 2 1 0 1 / z 4 Controlled ouonmnrnO �nxou 0 � 0 0 0 n-- /'--------' ---- --------- Cn�o Involving Children, 1 ' 0 ` 4 1 1 3 3 3 � 2 7 0 9 Criminal.Damage 22 Deceptive"°"� ' s 22 1 1 3 4 � --------- 1 3 4 2 9 2 7 18 Drug Paraphernalia Offenses 2 4 2 1 5 Firearrns 0OblSo Uxn \iogOOenxn 0 0 0 0 0 0 0 !Kidnapping ---------- 1 0 � 0 1 2 0 0 1 1 Murder 0 ----- _ _ 0_ O 0 0 0 __---0----- , . ------0 Robbery 0 i 0 0 0 0 0 0 0 0 0 0 0 0-_ _ __ ~--- - - — • ---- Sex Offenses 0 0 0 1 0 . 0 0 0 0 | - 0 'rhea 3 7 8 3 6 11 7 9 13 10 6 4 20 All Other Criminal Offenses |V I 10 14 14 6 16 18 14 16 17 13 18 20 51 25 License/Registration Violations 24 24 27 -----____ 22 27 27 °, 36 18 33 41 44 118 Seatbelt Citations ^ nco�d|\9uni`o, ' 36 16 Speeding Citations 49 32 47 52 52 :'..: 39 71 44 21 16 31 39 39 109 '------''-----------------Speeding Warnings 30 31 - - 19 44 64 153 Transportation of Alcohol ----'-- 3 2 2 3 3 2 0 1 2 3 Uninsuied Motor Vehicle 107 I ||i�xv� |<ox Accident ] 0 O n 2 0 � --2 1 3 ~^~^° °`�`== "= m~ =`:= �u °: °T'�^��` � 24 2 3 9 pn1exyDamage Accident 15 9 15 1 18 29 23 i 26 21 24 23 1720 '',.. 23 60 pnrxx`x) injury Accident 2 0 2 � 3 1 3 1 3 4 5 ----------�-- ----- • Yorkville Police Department Manhour Report - March 2003 1 . AT.g.942iliNiiiliEMIMiiiiiiii;i :Eil.!:;&AP2ii'IMAYMIgifPli9g2',ii•i'ANNEiri311:0i021igiqg 19RgritiNPRIP2IPgciAgiiiiiiiiIiiiiIii'MNEtii:iiiiiii1gili:5igiii!:MAAiiiII2.0P:=41916.14 Accidents 18.37 19.08 17.701 20.78 20.48, 21.50 21.37 26.05i 13.80 16.00 16.75 21.75 54.50 Administrative Activity 387.72 590.78 492.92 411.40 417.52. 436.83 650.83 502.75 326.80 432.67, 316.42 354.65 1,10374 Animal Complaints 4.22 4.33 4.08' 2.00 6.50; 3.92. 3.17 3 25 2.33 2.50ii • 4.75 3.92 11.17 Arrest Activity 16.17: 23.83 33.25 29.00 22.33 26.921 15.42 20.981, 21.67 21.82 24.63 26.58 73.03 Assist Agencies 102.88 87.55 109.58 108.42 147.12 128.47 110.03 109.68'. 98.48 115.82. 125.00 106.42 347.24 Community Relations 69.57 52.53 1.9.42. 21.87 72.83,, 42.33 41.28 42.75 42.58 27.50 25.42 37.58 90.50 ... Departmental Duties 92.77 92.15 107.1'fl 110.92 84.50: 64.75 74.75 74.58 89.43 87.58.{ 97.08 72.08 256.74 ... Investigations 55.42 48.83 117.08 107.33 96.00 90 77: 143.33 106.75:, 142.92 116.87 89.42 100.50 306.79 Ordinance/Tra Clic Violations 82.23 65.12 70.98 84.58 85.12. 75.58 66.98 71.07 83.78 63.10 86.82 63.33 213.25 Personnel Activity 455.75 516.58 500.63 649.88 501.57 409.75ii 618.25 649.75 698.58 466.35; 344.30 434.97 1,245.62 Preventive Patrol 541.17 596.40 547.43 590.78 702.35 626 62 541.97 550.83 585.83 520.33 558.52 622.80 1,701.65 Public Complaints 60.27 56.78 66.30 63.63 70.8T 57.35 45.28 . 45.03*.: 44.17 36.13 40.33 51.95 128.41 Public Services 32.28 55.57 36.08 28.57 34.12 35.30: 39.20 2058:. ... 34.38 35.67; 31.33 36.75 103.75 Report Activity 84.65 139.95 172.13 128.07 168.33] 148.5W 174.83 139.78 - 129.33 177.33 114.73 143.75 435.81 >....... ............... . .............. .............. ............... ..... School Activity 71.00 57.42 0.00 0.00 58.58: 159.58 218.08 147.08 _ 174.75 230.08 192.83 252.75 675.66 • ... f, •••• :: Traffic Activity 231.10 224.27 130.37 213.93 229.38: 251.70 226.50 301.58 328.58 309.17 287.98 257.50 854.65 Training 131.83 489.58 110.75i 84.00 34.33: 261.75 274.92 160.20 19.17 127.83 102.33 128.08 358.24 Aqm1lO1RATWR .01.M yAR.K....................................................................................... ...........................................................................................................................................ignAti .1:11.0:44RiMi:IgINAW.; 40.0T;TQTALS, Chief 173.33• 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 519.99 • ................................ ...............•:,...............................:i................j................................i:............... CPAT Officer 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33. 173.33 • 173.33 51999 . .....................:,................... .............,........................... . ........... .... .... . . .f, ............ . . ..............•,.. .......... .. ........ . ............... .. Crossing Guards(In Days) 16.00 23.00 0.00-, 0.00 9.00 38.25 47.00 36.00 32.00 .38.00 33.50 34.00 105.50 Lieutenant 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 519.99 Oflice Supervisor 173.33;.. 173.33 173.33 173.33 173.33 173.33 173.33 173.331 173.33 173.33 173.33 173.33 519.99 Records Clerks 296.33 300.83 270.33 288.33 302.33 283.33 296.33 270.33 i 263.33 278.83. 276.08 302.83 857.74, TOTALS:::gRii::1:i'n,l'iigaiMi:bini 'fil..U.9..0,101,AtW?V.',11i949:KVIIPIO30W,FgiV.A0491:,;.; _ilS. Ai63.:,FiV.9ZOlai59.7.20.i$10M24a4 Ri109.0:911 14004.filii37i4551 t:%.i:M14-1.00,19.6, •••••••••••••-. Yorkville Police Department 2003 Truck Enforcement Summary .1+� r k+d . ._ . ,. . .. „, 1�-{{(-�Y{ d�'y{ ,F �, 11V.4,.. fikila��' . -� J”- 1 :4P JW V1�LL ij� ,,• ,1~3afe � ;� Ttl�� . s v. � ;�:: :=0��e �� , .,�.:�'gg'� ,$.;�;,. ,� , jj1 t �1 � .�, t �r�F, �{his osittoil :Ftittdt; eeeived, $ p A $ d 3 x �'Y i1Y". Jf � � $ e� o� 4 s � t #� [' R s ' a t •i� s 3 t .. .. ,. . .., .,... _ _,... ..., .... .... .,. ..__.. ., ¢,k..,a,_ ., i..t..x&,.,,r m,.,z atrw3��ss k.,�+, `.�1K:�t•,�...a�sw�.,. ,.,.. , s �'[f.11Ci�le,>..... .3 ..._,,_ .,... ... ,,. _.`, . .. ,.. 02/12/03 10:23 19153 Overweight on Axles • Route 47/Beavet'Stzeet' $535 Guilty $405.00 02/17/03 13:10 19160 Overweight on Axles Route 71/Route 47 $210 Ex Parte $125.00 02/26/03 13:12 19171 Overweight on Gross • Route 47/Route 71' $200 Ex Parte $115.00 02/27/03 7:02 19172 Overweight on Gross Route 47/Greenbriar Road $395 Pending $0.00 03/18/03 9:49 19282 Overweight on Gross Route'47/Gree1briar Road • $210 Pending _ $0.00 03/31/03 9:32 19293 Ovei wei ht on Bride • Route 47/1i draulic Avenue • $350 g y Pending'` $0.00 Totals For Bond Taken and Fines ReceivedAfter'Court Costs 2003 $1,900 N/A $645.00 Totals For Bond•Taken and Fines Received After'Cout-t'Costs 2002 • $42,014 N/A $21,665.12 Totals For Bond Taken and Fines Received After Court Costs 2001 $56,23.2 N/A • $30,226.86 Totals For Bond Taken and Fines Received After Court Costs 2000' $25,815 N/A • $13,026.43 Running Total $125,961 N/A $65,563.41 Report Last Updated 4/22/03 at 12:37 PM Page 1 of 1 Authored by Molly Batterson, Office Supervisor Yorkville Police Department - Overtime Manhour Utilization Report - April 19, 2003 I'I •, Date Court Training Relief Details Admin Emerg Invest Corn Sery Full Time ' Part Time 05/18/02 2 38.5 33 5 0 0 14.5 0 93 86.5 06/01/02 2 19 46.5 12 10 0 18 12 119.5 165 06/15/02 2 0 45.5 0 3.5 0 47.75 0 98.75 54.75 06/29/02 2 0 55.25 0 3 0 15.5 3 78.75 65.25 07/13/02 8.25 ,0 67 0 0 0 6 0 81.25 103 07/27/02 2 0 16 0 0 0 6.5 4 28.5 121 08/10/02 2 19 48.5 0 11 0 33 10 123.5 40 08/24/02 4 0 8 0 12 0 25.5 0 49.5 42.5 09/07/02 4 0 11 87 16 0 8 1 127 154.25 09/21/02 6 24 30 2.5 0 0 33 0 95.5 65 10/05/02 4 11 17 25 8.5 0 20.5 20.5 106.5 102.5 10/19/02 6 0 52.75 10 0 0 37.75 11 117.5 30.25 11/02/02 0 0 5 35 0 0 43.25 10.5 93.75 97 11/16/02 3 4 19 2 0 0 38 4 70 176 11/30/,02 8 7 19 0 0 0 2.75 13.5 50.25 56.5 12/14/02 6 0 18 18.75 0 0 _ 16 8.5 67.25 93.5 12/28/02 4 1.75 16 4 0.5 0 23.25 13.5 63 48.5 01/11/03 2 0 8 5 0 0 0.5 0 15.5 8.5 01/25/03 7 0 5.5 8 0 _ 0 13.25 0 33.75 20 02/08/03 8 0 31.5 10.5 6 0 15.5 0 71.5 6 02/22/03 0 0 , 4 8 5 0 8.5 0 25.5 6 03/08/03 2 0 0 0 0 16 2 3 23 30 03/22/03 2 0 1 0 27 0 20.5 0 50.5 47.5 04/05/03 4 5 0 0 1.5 0 10 8 28.5 49 04/19/03 6 25.5 0 0 0 0 13 0 44.5 59 05/03/03 0 Totals 96.25 . 1.54.75 557.5 232.75 <;104. 16 472,5 122.5 1756.25 1727.5 Percents. 5% ,9n/o 32% 13%: 6% ...._.:1%... 27% 7Wo . 100% N/A • Prepared by Molly Batterson 4/21/03 Page 1 ..si) 0/7.y - ' Yorkville Police Department Incident Report Summary En� 183S; �_ March 28, 2003 through April 21, 2003 -6„_!1,- �p 03-28-03...1244 030358 Traffic Arrest Rt. 71 and Rt. 126 Police stopped a vehicle because the registered owner had a suspended driver's license. The owner was driving and then arrested. The driver was transported to Kendall County Corrections. 03-28-03...1532 030361 Traffic Arrest Rt. 47 and Rt. 34 Police stopped a vehicle because the registered owner had a suspended driver's license. The owner was driving and then arrested. The driver was transported to Kendall County Corrections. 03-29-03...0859 030364 Traffic Arrest Rt. 47 and Walnut Police stopped a vehicle because the registered owner had a suspended driver's license. The owner was driving and then arrested. The driver was transported to Kendall County Corrections. 03-30-03...1347 030370 Traffic Accident Rt. 34 and Game Farm Unit 2 stopped for the traffic light as it changed. Unit 1 was unable to stop before its front end struck the rear end of Unit 2. The driver of Unit 1 was cited for no insurance and also for failure to reduce speed. 04-01-03...1800 and 0830 Criminal Damage to Property High School Parking Lot On the above date and time the victim went to the vehicle that was parked in the overflow parking lot of the Yorkville High School to find that a baseball had struck the windshield. 04/02/03 ...0150 030378 Criminal Damage to Property 100 Blk of Conover Ct. Police were dispatched to a home on the 100 block of Conover Court in reference a criminal damage report. When the Officers investigated, they found that a vehicle has been damaged. Four (4) tires had been slashed, the doors were scratched, and a passenger front door window was smashed. 04/02/03 ...0200 030379 Criminal Damage to Property 2200 Blk of Northwood An Officer observed an individual damage a trailer in front of a new construction project. The subject fled to an unknown location. Two tires were flattened on the trailer. 04/03/03 ...1227 030382 Traffic Arrest Rt. 34 and Cannonball Trl. Police stopped a vehicle for improper lane usage. The driver had a revoked driver's license and was wanted on a warrant. The driver was arrested and then transported to Kendall County Corrections. 04/04/03 ...0940 030387 Theft True Value Hardware On the above date and time an Officer was dispatched to a theft at the above address. The suspect left the store without paying for the items. 04/05/03 ...0520 030392 Traffic Arrest Rt. 47 and Wheaton Police stopped a subject because a computer check showed that the subject had a suspended license. Also, the driver did not have insurance and there was no valid registration for the vehicle. The subject was arrested and transported to Kendall County Corrections. 1 of 5 Incident Report Summary-030358.doc 4.t0 GTO ___- T Yorkville Police Department Incident Report Summary March 28, 2003 through April 21, 2003 0 o 4E 04/06/03 ...0821 030394 Traffic Arrest Rt. 47 and Rt. 71 Police stopped a vehicle because of improper lane usage. The driver did not have a license. The driver was arrested for no valid driver's license and was given a written warning for the improper lane usage. 04/06/03 ...2210 030395 Theft of Fuel 1200 Blk of S. Bridge A vehicle was filled with$20.03 worth of fuel by an unknown male white, who then fled without paying for the fuel. 04/08/03 ...0713 030398 Traffic Arrest Rt. 71 and Rt. 47 Police stopped a vehicle for a traffic violation. The driver didn't have identification. The officer learned the identification of the driver and discovered that the driver had a warrant from DuPage County. The driver was arrested and transported to Kendall County Corrections. 04/08/03 ...1800 030402 Retail Theft 1300 Blk of N. Bridge An employee located 2 empty boxes and called the police. There are suspects under investigation and the value of the property missing is $80.00. 04/10/03 ...1842 030409 Traffic Arrest Rt. 126 and Wing Rd Police stopped a subject because a computer check showed that the subject had a suspended driver's license. The driver was then arrested and transported to the Kendall County Corrections. The driver was also given a citation for no insurance. 04/11/03 ...0830 03412 Drug Arrest Yorkville High School While an Officer was conducting a parking lot check at the High School, the Officer observed a container with cannabis inside of it lying on the passenger seat of the car. The owner of the car was identified and further searched. The search revealed a pipe used to inhale the cannabis. The driver was then arrested and charged with unlawful possession of cannabis and unlawful possession of drug paraphernalia. 04/12/03 ...0300 030415 Criminal Damage to Property 100 Blk of E. Kendall While on patrol, an Officer noticed that the driver's side window of a black 1986 Ford pick-up truck was shattered. Nothing was reported missing from the inside of the truck. 04/12/03...0530 03416 Traffic Arrest Center Pkwy/Cntrysd Pkwy Police stopped a vehicle for a violation. It was discovered through investigation that the passenger was drinking. The passenger was under 21 years old and was arrested. The passenger was then taken to Kendall County Corrections. 2 of 5 Incident Report Summary-030358.doc J2\�sn ciry" Yorkville Police Department Incident Report Summary March 28, 2003 through April 21, 2003 CLE \‘- 04/12/03 ...0751 030417 Traffic Arrest Rt. 71 and Rt. 47 Police stopped a vehicle because a registration records check showed that the owner of a vehicle had a suspended driver's license. The owner was driving, arrested and transported to Kendall County Corrections. 04/12/03 ...0800 030418 Retail Theft N. Shell/ Rt. 34 and Rt. 47 A male white subject was driving an older model white dump truck had pumped $27.00 U.S.C. worth of fuel into the truck and then left the establishment without paying. 04/12/03 ...0930 030419 Credit Card Fraud - 100 Blk of Garden Street Unknown person/persons purchased several items using a stolen credit card. The case is still under investigation 04/12/03 ...1029 030420 Traffic Arrest Rt. 71 and Van Emmon Police stopped a vehicle because a registration records check showed that the vehicle owner had a suspended driver's license. The owner was the driver. The driver was arrested and transported to Kendall County Corrections. 04/12/03 ...1219 030421 Traffic Arrest Rt. 47 and Bonnie Lane Police stopped a vehicle and found that the driver had a suspended license and no proof of insurance. The driver was then arrested and transported to Kendall County Corrections. 04/12/03 ...1505 030422 Traffic Arrest Rt. 126 and Rt. 71 Police stopped a vehicle and found that the driver had a suspended license. The driver was then arrested and transported to Kendall County Corrections. 04/12/03 ...1841 030423 Traffic Arrest Rt. 47 N/O Greenbriar Police stopped a vehicle and found that the driver had a suspended license. The driver was then arrested and transported to Kendall County Corrections. 04/13/03 ...0500 030424 Domestic Battery 100 Blk of Rt. 126 The suspect was arrested for domestic battery and it was also discovered that the subject had a valid warrant from Kane County. 04/13/03 ...0749 030425 Traffic Arrest Rt. 71 and Rt. 47 Police stopped a vehicle because a registration check showed that the registered owner had a suspended license. The subject was then arrested and transported to Kendall County Corrections. 04/13/03 ...1059 030426 Warrant Arrest Rt. 126/Ashley Rd Police stopped a vehicle and found that the driver did not have a valid license and had a warrant for his arrest out of DuPage County. The subject was then arrested and transported to Kendall County Corrections. 3 of 5 Incident Report Summary-030358.doc ,ct,o c/).,,_ - - `AT � Yorkville Police Department Incident Report Summary EST `V136March 28, 2003 through April 21, 2003 04/13/03 ...1500 030431 Desk Report-Battery 100 Blk of east Rt. 71 The victim came into the Police Department and reported that earlier in the day the victim was thrown on the ground. The victim had abrasions on the left knee and on the left side of the lower back. There is a suspect was there was no contact made at this time. 04/14/03...0120 030432 Traffic Arrest Rt. 47 and Walnut While running a plate, the-Officer learned that the registered owner had a suspended license. The owner was driving, arrested, and transported to Kendall County Corrections. 04/15/03 ...0616 030436 Traffic Arrest Rt. 34 and Game Farm Officer stopped a vehicle and it was discovered that the driver had a suspended license. The driver was then arrested and transported to Kendall County Corrections. 04/15/03 ...1115 030438 Resisting A Peace Officer 1500 Blk of N. Bridge St Suspect was being arrested for a DuPage County Warrant when he pushed the Officer away and ran. He was caught about 100 yards away from where he ran. He was then charged with Obstructing Justice, Resisting a Peace Officer and DuPage County Warrant for trespassing on state land. 04/16/03 ...0930 030443 Traffic Arrest Rt. 47 and Landmark Officer stopped a vehicle and found that the driver had a suspended license. The subject was then arrested and transported to Kendall County Corrections. 04/16/03...1400 030445 Criminal Damage to Property 400 Blk of Kelly Ave Between 1400 and 0600 hours on 04/16/03 and 04/17/03 an unknown person(s) caused damage to a utility trailer which was parked at the address above. There are no suspects and the value of the damage is $500.00. 04/17/03 ...2306 030448 Burglary to Motor Vehicle Whole Sale Tire Subject had work done to their car at the above location and after bringing it back home noticed their stereo and I-Pass was missing. 04/17/03 ...2033 03449 Battery 500 Blk of Madison Resident of the above address stated that she was pushed by a male subject repossessing her car. The victim did not want to sign complaints. 04/17/03 ...2300 030450 Domestic Battery 600 Blk of Tower Lane Suspect grabbed a household member leaving scratches and bruises. The suspect was then arrested. 04/18/03 ...0503 030451 Traffic Arrest Rt. 34 and Tuma Police stopped the subject and found that he had a suspended driver's license. The subject was then arrested and transported to Kendall County Corrections. 4 of 5 Incident Report Summary-030358.doc � . ,� T Yorkville Police Department Incident Report Summary . h`1�' March 28, 2003 through April 21, 2003 04/17/03 ...1800 030452 Burglary to Vehicle 800 Blk of S. Bridge Between 04/17/03 1800 and 04/18/03 0600, a person (s) unknown broke into a vehicle at the above location. This case is still under investigation. 04/18/03 ...1515 030453 Traffic Arrest Fox St. at White Oak Way Police stopped a vehicle because it did not have a front plate. The driver was then arrested for not having a valid license. The driver was transported to Kendall County Corrections. 04/20/03 ...Unknown 030460...Criminal Damage to Property 1500 Cottonwood Trail Victim reported an unknown person(s) threw eggs at the victim's residence and vehicle. 04/21/03 ...1505 030461 Criminal Damage to Property 200 Bik of Elizabeth St Victim reported a pick-up truck ran over his refuse container and knocked his mailbox off its post. The damage total is $71.00 and there are no suspects. 5 of 5 Incident Report Summary-030358.doc 04/22/2003 07:17 TRKLA,PETTIGREW,ALLEN&PRYNE. INC. - 16305537575 NO.725 P02 TPAP TRKLA, PETTIGREW, ALLEN & PAYNE, INC. Planning &Design • Development Munasemenr&Finance • Urbnn Revitvli?uriCn April 21, 2003 Mr. Anton Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 VIA FACSIMILE 630-553-7575 Dear Mr. Graff: I have enclosed an engagement letter dated April 21, 2003 that describes the services that this firm proposes to perform for the United City of Yorkville. Prior to the performance of those services, however, Trkla, Pettigrew, Allen & Payne, Inc. is willing to make a preliminary examination of the Study Area and provide a verbal assessment to the City regarding eligibility and other matters relating to statutory compliance. Those services, which will include field examination of the Study Area, will be performed for a fixed fee of $2,000 including all expenses. If your client directs us to proceed following that assessment, the services will be performed in accordance with the April 21st letter, Cordially Glenn Azuma. Principa 222 Suuth Rivers'de Plaza Suite 1616 Chlrngn,ll(rna,.r 60606 (312)382.2100 00AgintlynrkvIlkniwiiiiitntletter11,01(0 fru(312)382-2128 04/22/2003 07:17 TRKLR,PETTIGREW,ALLEN&PRYNE, INC. -> 16305537575 NO.725 D03 TPAJP —ms TRnLA, PETTIGREW, ALLEN & PAYNE, INC. manning & Design • Developnrenr.Management& Finance • Urhan Reviralizarinn April 21, 2003 Mr. Anton Graff City Administrator United,City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 VIA FACSIMILE 630-553-7575 Dear Mr, Graff: I am pleased to submit this proposal to assist the United City of Yorkville (the "City") in preparing studies and plans for a possible tax increment ifinancin.g redevelopment subject area (the "Study Area"). Trk.la, Pettigrew, Allen &Payne, Inc., ("TPAP" or the"Consultant")has experience in all phases of the planning and development process utilizing tax increment financing, including preparation of redevelopment plans, eligibility studies and comprehensive financial feasibility analyses. Representative assignments include -- Lawrence & Broadway, Lake Calumet, Medin.ah Temple, South Chicago/South Works, Montgomery Ward, Central Loop, Near South, River South, Pilsen, Nabisco, Midwest, and Tootsie Roll projects in Chicago; projects in Barrington, Berwyn, Chicago Ridge, Franklin.Park, Hanover Park, Homewood, Oak Lawn, Palos Heights, Park Forest, Rosemont, and South Holland, Illinois. Our experience includes a total of over 137 projects, 124 of which are in Illinois. One hundred eleven of our Illinois TIF projects have been adopted and are in the execution stage with substantial private development underway, and seven projects are in planning. Within Kendall County, TPAP-assisted projects generated a total of nearly $1.36 million in real estate tax increment revenue 222 Soul,Riverside Plaza collected in 2000, Suirr 1616 Chicago,Nlinoix 60606 M2)36'2-2100 Fax(312)702-2128 04/22/2003 07:17 TRKLA,PETTIGREW,ALLEN&PAYNE, INC. - 16305537575 NO.725 5104 APPROACH Our proposal covers three basic phases of services. The Consultant will proceed with each phase only upon the authorization of th.e City. The first phase of services includes preparation and revision as necessary of basic surveys and analyses leading to a determination on the recommended boundaries for the Study Area, and to a preliminary decision on the financial feasibility and acceptability of the tax increment financing program, This phase will be completed for a fee of$15,700 plus reasonable and customary expenses. The second phase of services will include preparation of draft reports, including a Redevelopment Plan required to initiate the public hearing process and to serve as a basis for consideration of the adoptive ordinances. The second. phase will. be completed for a fee of $12,500 plus reasonable and customary expenses. The third phase of services will consist of finalizing reports, securing current property ownership data and proceeding with the required meeting with local taxing districts, a community meeting and the public hearing, concluding with City action on adopting ordinances. This phase will be completed for a fee of$2,800 plus reasonable and customary expenses. The total cost of all services will be $31,000 plus reasonable and customary expenses. PROPOSED SCOPE OF SERVICES The Consultant, in cooperation with the City and other advisors, will provide technical and professional assistance in the management of the tax increment financing process, including completion of reports documenting eligibility of the proposed redevelopment Subject Area, preliminary analysis of tax increment revenue potential, and the redevelopment plan. In addition, the Consultant will participate in presenting project study findings and plans in public meetings with.representatives of the City. When appropriate, conferences described in the scope of services will be conducted by teleconference among the parties. PHASE 1 Task 100; Project Initiation A job initiation conference will be held to set the framework of the study. The purposes of this conference are to (a) review the overall study objectives; (b)refine, as deemed necessary, the work program for the study; (c) resolve any questions regarding contract interpretation; (d) establish a firm basis for all participants working together to complete the assignment in an orderly manner; and (e) secure available data, plans and studies which will be useful in completing the assignment. Task 101: Project Eligibility Surveys, Analyses and Determination Surveys and analyses will be un..dertaken to determine whether the Study Area will qualify as a "blighted area" or "conservation area" in accordance with provisions of the Illinois Tax Increment Allocation Redevelopment Act, as amended. Surveys and analyses will provide the City with the documentation required to support a finding of project eli.gib.ility, 04/22/2003 07:17 TRKLA,PETTIGREW,ALLEN&PAYNE, INC. 16305537575 NO.725 5105 Surveys and analyses will include: • Exterior survey of the condition and use of each building; • Field survey of environmental conditions covering roadways,lighting, landscaping, fences and walls,parking areas and general property maintenance; • Field survey and identification of residential housing unit addresses within the Study Area and within 750 feet of the Study Area, or. the 750 closest residential units; • Analysis of existing uses and their relationships; • Comparison of current land use to the current zoning ordinance and zoning map; • Analysis of original and current platting,air photos for building size and layout; • Analysis of tax and/or special assessment delinquency data; • Analysis of vacant sites and vacant buildings; • Analysis of building floor area and site coverage; • Analysis of City building code violation and building permit data; and • Review of previously prepared plans, studies and data. Data available from secondary sources with respect to building age, building floor area, extent of physical deterioration and obsolescence for existing buildings will be collected and reviewed. Findings from the survey and analysis will be recorded on maps, survey forms, tables and/or charts as required for presentation to the City. The Consultant will utilize all the data, surveys and analyses in documenting the conditions that exist within the proposed Tax Increment Financing District which warrant designation of the area as a redevelopment Project Area in accordance with provisions of the Illinois Tax increment Allocation Redevelopment Act. Task 102: Review TIF Redevelopment Project Scope and Potential The Consultant, with assistance from the City and other advisors, will prepare a preliminary listing of required public improvements and facilities, and alternative program. proposals covering acquisition, site preparation and new development. The City and other advisors will assist the Consultant in identification of the type, amount and timing of private investment in new development, and in securing current cost estimates for required public improvements and facilities. The project scope and potential identified as part of this task will provide the basis for the Preliminary Tax Increment Financing Analysis to be prepared as part of Task 103. Task 103: Preliminary Ta.%Increment Financing Analysis A preliminary tax increment financing analysis, which estimates incremental property taxes ("incremental Taxes"), will be prepared for review and consideration by the City. This will. include: 04/22/2003 07:17 TRKLA,PETTIGREW,ALLEN&PAYNE, INC. - 16305537575 NO.725 906 • Collection and review of data maintained by the County on assessed and equalized assessed value for the Study Area, the City and Kendall County. This will include the following: a) Assessed Values and Equalized Assessed Values, for the properties within.the Study Area for the most current assessment year and the previous five years. b) Assessed Values and Equalized Assessed Values for the City for the most current assessment year and the previous five years. c) Assessed Values and.Equalized Assessed Values for Kendall County as a whole for the most current assessment year and the previous five years. • A pro forma analysis of tax increment fmanci.ng, showing anticipated public costs, sources of financing, and anticipated annual tax increments. • An overview of redevelopment project costs. This overview will include those costs identified in Task 102 as well as an estimate of related professional fees, financing expenses,capitalized interest, and contingencies. • An overview of assumptions and calculation of estimated.Incremental Tax Revenue. It is anticipated that Iwo to three iterations of the calculation and analysis of estimated Incremental Tax Revenue will be required to test alternative assumptions. Task 104; Part 1 of the Housing Impact Study TPAP will undertake Part 1. of the Housing Impact Study which includes the collection and assembly of(i) data as to whether the residential units are single-family or multi-family units; (ii) the number and type of rooms within the units, if that information is available, (iii) whether the units are inhabited or uninhabited; and (iv) data as to the racial and ethnic composition of the residents in the inhabited residential units, The statement on housing impact will be based on census data and other secondfuy data, if available, It will not include interviews with existing residents or o.ri.gina.l research on the availability of potential replacement units. Task 105: Progress Meeting A meeting with the City will be held to review the findings of the project eligibility and preliminary TIT analysis, preliminary Housing Impact Analysis findings, and to secure agreement before proceeding with preparation of draft reports and plans. Task 106: Community Meeting(required) A meeting with the City and the Consultant will be held to advise the public, taxing districts having real property in the Subject Area, taxpayers who own property in the Subject Area and residents in the Subject Area as to the City's possible intent to prepare a redevelopment plan and designate a redevelopment project area and to receive public comment. The City will be responsible for depositing public notices in the United States mail by certified mail addressed to all taxing districts and persons on the interested parties registry. 04:22/2003 07:17 TRKLA,PETTIGREW,ALLEN&PAYNE, INC. - 16305537575 NO.725 907 The City will also be responsible for depositing public notices in the United States marl to all residents and taxpayers of record for each parcel within the redevelopment Subject Area. PHASE II Task 200: Draft Project Eligibility Report A draft report describing the methodology and criteria used.and the findings of the survey and analysis of project eligibility will be prepared for review with the City, Task 201: Draft Redevelopment Plan A preliminary Redevelopment Plan will be prepared in draft form for review and consideration by the City. The prehmi.n.ary plan will conform to the requirements set forth in the Illinois Tax Increment Allocation Redevelopment Act and include the following; (a)description of the proposed development project area.; (b)statement of goals and objectives; (c) summary of conditions found to exist which warrant designation of the project as a "blighted area" or"conservation area;"(d) a description of plan and project objectives and redevelopment activities; (e) a general land-use plan; (f) redevelopment and design controls; (g) an itemized list of redevelopment projects costs; and (h)description of sources of funds to pay redevelopment costs, and the types of obligations which may be issued; (i) statement on the lack of growth and development through investment by private enterprise; (j) summary description of the financial impact of the redevelopment project; (k)preliminary assessment of the demand on taxing district services; (I) statement on program to address financial and service impacts; (m) statement on conformity of the Redevelopment Plan for the Subject Area to land-uses approved by the planning body of the City; (n)description of phasing and scheduling of the Redevelopment Plan and Project; (o) statement on housing impact and related matters; and (p)provision for amending the Redevelopment Plan. A legal boundary description of the Redevelopment Project Area will be secured by TPAP and made available for review by the City and Kendall County map departments. The Project Eligibility Report, prepared as part of Task 200, will be included as an exhibit to the Redevelopment Plan. Task 202: Part 2 of the Housing Impact Study Part H of the ].housing impact study will identify the inhabited residential units in the proposed redevelopment Subject Area. that are to be or may be removed, If inhabited residential units are to be removed, then the housing impact study will identify(i) the number and location of those units that will or may be removed, (ii) the municipality's plans for relocation assistance for those residents in the proposed redevelopment Project Area whose residences are to be removed, (iii) the availability of replacement housing for those residents whose residences may be removed, and will. identify the type, location, and cost of the housing, and (iv) the type and extent of relocation assistance to be provided. This task will include collection and analysis of secondary source data to identify the number and percentages of households with moderate, low and very low incomes es set forth in the Illinois Affordable Housing Act. • 04/22/2003 07: 17 TRKLA,PETTIGREW,ALLEN&PAYNE, INC. -4 16305537575 NO.725 908 Task 203: Draft Housing Impact Report A draft report describing the methodology and criteria used and the:findings of the survey and analysis of housing impact will be prepared for review by the City. Task 204: Progress Meeting A meeting with the City and representatives of the City will be held to review draft reports prepared as part of Tasks 200-203, and to secure agreement to initiate the public hearing process. PHASE III Task 300: Initiate Public Hearing Process The Consultant will be responsible for securing (i) current property ownership data via title reports which will list the name and address of the last grantee of record for every tax parcel within the redevelopment Subject Area; (ii) current taxpayer's name and address for every parcel where the taxpayer's name or address differs from the grantee's name or address; and (iii) in the event taxes for the last preceding year were not paid, the name and address of the persons last listed on the tax rolls within the preceding three years as the owners of such property. The City will be responsible for depositing public notices in the United States mail by certified mail addressed to the owner and/or taxpayer of record for each parcel within the Redevelopment Project Area. City staff will be responsible for preparation and publication of public notices on the proposed Project Area and proposed redevelopment plan. Task 301: Prepare Final Reports Draft reports prepared as part of Tasks 200, 201 and 203 will be refined and prepared in final form for delivery to the City. The following graphics will be prepared on presentation boards: 1)Project Boundary; 2)Existing Land-Use; and 3)Proposed Land-Use Plan. Task 302: Public Hearing The Consultant will assist the City in preparing for, and will participate in, a public hearing on the proposed Redevelopment Project designation and proposed Redevelopment Plan. Task 303: City Action on TIF Ordinances The following ordinances will be prepared by City attorneys or designated counsel for introduction and consideration by the Finance Committee and City Council: (1) designating the Tax Increment Redevelopment Subject Area; (2) approving the Tax Increment Redevelopment Plan; and (3) adopting Tax Increment Financing for the Redevelopment Project Area. 04/22/2003 07:17 TRKLA,PETTIGREW,ALLEN&PAYNE, INC. -+ 16305537575 NO.725 P09 • MEETINGS The Consultant will participate in additional meetings and will complete other work assignments leading to City action on adoptive ordinance as authorized by the City, The Consultant will participate in.the following: 1. One teleconference with the City to discuss the tax increment financing program and policies and the preliminary schedule for completing the assignment; and to secure information on the typo, scope, and timing of new development plans. 2. One teleconference with the City to review findings of the project eligibility preliminary housing impact and preliminary TIT analysis, 3. Two teleconferences with the City to review findings and draft reports prepared by the Consultant, including: (a)project eligibility report, (b)Redevelopment Plan and (c) housing impact report. 4. Attendance at the introduction to the governing board of the City. 5. Attendance at a joint review board meeting with representatives of local taxing districts to review the scope of and need for the proposed project. 6. Attendance at a public hearing on the proposed Redevelopment Plan and Project. If this proposal meets with your approval, please return a signed copy of this Letter of Agreement for our files executed by an authorized representative of the City. Receipt of an • executed copy will serve as authorization,to proceed on Phase I of the assignment. Very truly yours, Accepted by: Trkla.,Pettigrew,Allen & Payne, Inc. United City of Yorkville Glenn M. Azuma Principal Date: 0011gnln{111'k II IPenguyCman fl ene r1)421(13 7.i- N— C/,.i United City of Yorkville EST. �_X836 County Seat of Kendall County ,i 800 Game Farm Road . C) Yorkville,Illinois 60560 0 10 f•] Q Phone:630-553-4350 'A Caiintroot � Fax:630-553-7575 1`kLE wv� April 18, 2003 Hugh D. Robinson Executive Vice President Tri-Land Properties, Inc. One Westbrook Corporate Center Suite 520 Westchester, Illinois 60154-5764 RE: Countryside Center Re-Development T.I.F. Project Dear Hugh: This is a letter of intent to explore the possibility for the Re-development T.I.F. Project for Countryside Center and as a condition of this letter the United City of Yorkville will need a$15,000 deposit to be used for the T.I.F. pre-qualification expenses. The City will • provide you with the detail cost analysis, as the expenditures are determined through the direction of our legal counsel of Kathleen Field Off. This deposit does not guarantee a T.I.F. District will be presented or approved until the analysis has been completed and the recommendation presented to the Mayor. Any further questions regarding this matter please contact Tony Graff at 630-553-8529. Thank you for your cooperation. Sincerely, Anton L. Graf City Administrator Cc: Harold Oliver Mayor Prochaska City Atty. Kramer Atty. Kathleen On UNITED CITY OF YORKVILLE To: Tony Graff; City Administrator From: Joe Wywrot, City Engineer ' Subject: Caledonia Subdivision—Engineering Review Services Date: April 24, 2003 Attached find a copy of a proposal from Engineering Enterprises, Inc. to perform engineering review services for the referenced development. This work would be invoiced at an hourly rate. I understand that the developer, Inland Real Estate Development Corporation, is in agreement with this method of compensation. Per Resolution 2002-27, we will require an initial deposit of$20,000 before will authorize EEI to begin this work. Please place this proposal on the M y 6, 2003 Commitee of the Whole agenda for consideration. { 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 www.eeiweb.com Engineering Enterprises. Inc. April 24, 2003 Mr. Joe Wywrot City Engineer United City of Yorkville COPY 800 Game Farm Road Yorkville, Illinois 60560 Re: Professional Services for Subdivision Regulations Ordinance Enforcement for the Caledonia Subdivision United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: Thank you for the opportunity to submit this proposal for professional services for the enforcement of the Subdivision Regulations Ordinance and other pertinent City ordinances and policies for the Caledonia Subdivision currently being proposed by Inland Real Estate Development Corporation on the north side of the community. Our proposal presents in more detail below the following items: Project Description, Scope of Services, Fees and Conditions, Qualifications and Acceptance. PROJECT DESCRIPTION The United City of Yorkville has certain authority over the subdivision of properties and requires the assistance of qualified professional engineers, land surveyors and technicians in interpreting and enforcing the submittals of subdividers as part of the subdivision process. Accordingly, this proposal is for those professional services required to assist the City in interpreting and enforcing the Subdivision Regulations Ordinance and other pertinent City ordinances and policies. SCOPE OF SERVICES Engineering Enterprises, Inc. will furnish the necessary personnel, equipment and transportation to perform the required professional engineering, land surveying and other necessary services that are required to assist the City in interpreting and enforcing its Subdivision Regulations Ordinance and other pertinent City ordinances and policies. The activities are generally summarized below and are presented in more detail in the attached Agreement for Professional Services: 1. Provide review and issue reports and opinions of documents submitted by subdividers. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot, P.E. April 24, 2003 Page 2 2. Review detailed engineering plans for compliance with City requirements and sound engineering practice. Review shall include but not be limited to the review of site grading, roads and streets, watermain, sanitary sewer, storm sewer and drainage, stormwater detention, street lighting, traffic signage and soil erosion and sedimentation control. 3. Review necessary IEPA Water and Sewer Permits, IDNR Endangered Species, Illinois Historic Preservation and IEPA Notice of Intent (NOI) Permits, review wetland and other permits as required. 4. Conduct or review hydrologic and hydraulic studies for floodway, floodplain and stormwater management issues. 5. Attend meetings and conferences as required with City's and Subdivider's personnel to review and discuss findings. 6. Attend City Planning Council Meetings and any other applicable meetings as directed by City Staff. FEES AND CONDITIONS The proposed methods of payment for the required professional services are at Hourly (HR), Lump Sum (LS) and/or Actual Cost (AC) fees for the various classifications of employees who will perform the work as listed on the Standard Schedule of Charges dated January 1, 2003. A brief explanation of the reasons for the various proposed Hourly and/or Actual Cost fees is in order and is as follows: 1. the proposed Hourly fee is for work that is subject to unknown conditions, experience of the subdivider's personnel and contractors, and other conditions that are not under our control; 2. the proposed Lump Sum fee is for work that is clearly defined and is not subject to third party action; and 3. the proposed Actual Cost fee is for work and/or expenses the exact cost of which cannot be determined in advance. The proposed method of payment for reproduction services and archival storage of plans is at the rate of $.30 per square foot for blueline, vellums and/or bond copies and $1.75 per square foot for mylar sheets reproduced and/or scanned by our firm or at the actual cost of reproduction services provided by our vendors. Payment for all work will be based on invoices submitted periodically by our firm, but not more frequently than monthly as the work progresses. Invoices will be payable by the City within 30 days of the date of the invoice. In the event thatpayment is not made by the City within 60 days, interest will be charged at the rate of 1.5 percent per month on the unpaid balance. Additional assignments not described above will be performed at an hourly rate for the various classifications of employees who will perform the work as listed on the attached Standard Schedule of Charges dated January 1, 2003, or in accordance with a separate proposal. Mr. Joe Wywrot, P.E. April 24, 2003 Page 3 QUALIFICATIONS Engineering Enterprises, Inc. is actively engaged in the planning, design and construction of both public and private utility improvement projects in Kendall County, Illinois. Our staff has the experience, enthusiasm and commitment to provide the required services in a reliable, timely and cost effective manner. Our firm has performed or is performing similar services for other municipalities and counties for over 20 years. While various members of our firm will perform the work on this project, the principal contacts with our firm will be Jeffrey W. Freeman, P.E.,Project Manager. Peter G.Wailers, P.E., Principal Engineer will be available as required. ACCEPTANCE If the Project Description, Scope of Services, and Fees and Conditions, as generally cited above are satisfactory, please indicate your acceptance by signing both copies of the enclosed Agreement for Professional Services and returning one of them to us for our records. We welcome the opportunity to submit this proposal for professional services to you for your consideration. We look forward to working with and for you on this project. Respectfully submitted, ENGINEERING ENTERPRISES, INC. g*A Jeffrey W. Freeman, P.E. Project Manager JWF/me Enclosures pc: Mayor Art Prochaska Mr. Tony Graff—City Administrator Mr. Matthew Fiascone — Inland Real Estate Development Corporation JKM, PGW, JTW, DMT—EEI \\EEINT\EEI-DOCS\PUBLIC\Yorkville\2003\Y00320 Caledonia(Inland Real Estate)\Doc\Contract\ppl0l.doc AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into this day of , 2003 by and between the United City of Yorkville (hereinafter referred to as CITY) acting through the City Engineer and Engineering Enterprises, Inc., a Corporation in the State of Illinois engaging in the practice of Professional Engineering and Land Surveying, acting by and through its Project Manager and Senior Vice President (hereinafter referred to as ENGINEER). Whereas, the CITY exercises certain authority granted by State Statue over the subdivision of the properties as well as the construction of public infrastructure improvements associated with the properties subdivided, and Whereas, ENGINEER is a Corporation registered in the State of Illinois to perform Professional Engineering and ancillary services including Land Surveying and employs individuals dually licensed therein, and Whereas, the CITY has ascertained it may be necessary and advantageous from time-to-time in order to protect the public health, safety, and welfare of its citizens to engage the services of ENGINEER to assist and advise it in matters requiring professional engineering and land surveying knowledge pertaining to the enforcement of the City's Subdivision Regulations Ordinance and to the platting of properties and the design and construction of public infrastructure improvements associated with the platting of properties, and Whereas, the parties concur that this Agreement sets forth the scope of the Professional Services to be performed and the basis of compensation for said services. Now therefore, in consideration of the agreements, commitments, and understandings of each party respecting the services to be performed and the compensation to be paid herein, the parties mutually agree as follows: United City of Yorkville April 24, 2003 Page 2 BASIS OF SERVICES OF ENGINEER At the request and as directed by CITY: 1. ENGINEER shall provide general review of the Concept, Preliminary and Final Plats, Preliminary and Final Engineering Plans and the Preliminary and Final Supporting Documents (computations, design parameters, reports, opinion's of probable cost, etc.) hereinafter referred to as Plat Documents, submitted by private land development entities (Subdividers) and shall issue reports and detailed opinions on the compliance of these documents with the content requirements of City Subdivision Regulations and sound professional engineering and land surveying practices to assist the CITY in their review and Plat approval process. This Agreement does not include the review of landscape plans or non-jurisdictional wetlands. 2. ENGINEER shall review hydrologic and hydraulic studies to analyze and flood-route stormwater runoff through proposed subdivisions and land developments and to consult and render advice on the design of stormwater conveyance and storage facilities including the issuance of narrative reports and design guidelines to assist the CITY in their review and Plat approval process. 3. ENGINEER shall attend meetings and conferences with CITY staff personnel and various land platting entities and Subdividers seeking approvals from the CITY to review and discuss the findings, reports, and design guidelines rendered by ENGINEER. 4. ENGINEER shall provide an inventory of the appropriate infrastructure that has been constructed as part of the project in a format that is conducive for the integration into the CITY'S infrastructure accounting standards and/or the ENGINEER shall incorporate the public infrastructure into the CITY'S GIS System. 5. ENGINEER shall provide CITY with evidence that ENGINEER has obtained Professional Liability insurance coverage in the amount of $1,000,000.00 naming the CITY as a certificate holder and shall provide CITY with evidence of General Liability insurance coverage, with the specific limits listed on the certificate of insurance and also naming CITY as additional insured. CITY'S RESPONSIBILITIES 1. CITY shall: a. Provide full information as to its requirements for the Project. United City of Yorkville April 24, 2003 Page 3 b. Assist ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports and other data relative to design and construction of the Project. c. Furnish to ENGINEER, as required by him for performance of Basic Services, data prepared by or services of others, such as core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; property, boundary, easement, right-of-way, topographic and utility surveys and property descriptions; zoning and deed restriction; and other special data or consultations all of which ENGINEER may rely upon in performing his services. d. Guarantee access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services upon 5 days prior notice of ENGINEER to CITY of the need or desire to enter upon said public or private property. e. Examine all studies, reports, sketches, design guidelines, proposals, and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as he deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. f. Provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for the Project, and such auditing service as CITY may require to ascertain how or for what purpose any Contractor has used the moneys paid to them by Subdividers. g. Designate in writing a person to act as CITY'S Representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to ordinances, codes and requirements pertinent to ENGINEER'S services. h. Give prompt notice to ENGINEER whenever CITY observes or otherwise becomes aware of any defect in the Project. COMPENSATION 1. For services rendered by ENGINEER pursuant to the terms of this Agreement, CITY agrees to compensate ENGINEER on an hourly basis for the various classifications of United City of Yorkville April 24, 2003 Page 5 IN WITNESS WHEREOF, CITY and ENGINEER have executed this Agreement. ENGINEERING ENTERPRISES, INC. UNITED CITY OF YORKVILLE By: By: Attest: Attest: \\EEINT\EEI-DOCS\PUBLIC\Yorkville\2003\Y00320 Caledonia(Inland Real Estate)\Doc\Contract\agreement0l.doc United City of Yorkville April 24, 2003 Page 4 employees who will perform the work as listed on the attached Standard Schedule of Charges dated January 1, 2003, and attached to this Agreement plus reimbursable expenses. 2. ENGINEER shall submit for payment a monthly statement detailing the specific project or projects on which services were rendered, the total time expended by each staff member during that period, the date, time spent, and a description of any reimbursable expenses incurred. 3. Upon request, ENGINEER shall review and lend further explanation to the monthly invoice submitted. 4. Payments shall be due within 30 days of date of submittal and approval by CITY. 5. Payments not received within 60 days of date of submittal shall be subject to a 1.50% per month service charge, commencing 30 days after invoice submittal. 6. In the event of a breach by CITY in the performance of any of its duties or undertakings herein contained, the ENGINEER shall be entitled to all remedies available to it in equity and at law. All costs, fees and expenses, including, by way of example and without limitation, reasonable attorney's fees, court costs, court reporter's fees, transcript costs, subpoena fees and costs, witness fees, service costs, and document reproduction costs incurred by the ENGINEER as a result of the breach of the CITY shall be paid by the CITY. 7. For projects that proceed beyond one year or are phased into multiple years, their shall be an increase in compensation based on the Cost of Living Index at a minimum, or the hourly rates for work completed in successive years shall be in accordance with the active annual hourly rate schedule as approved by the CITY. However for projects that go beyond 3 years, the ENGINEER shall have the right to negotiate with the CITY additional rate adjustments consistent with the Cost of Living Index and Current Labor Conditions. TERMINATION 1. This agreement may be terminated upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation for all costs incurred through the date of termination. Personnel, Positions & Classifications James K.Michels,P.E. E-3 Jason M.Bauer,E.I. P-4 President Project Engineer Peter G.Wailers,P.E. E-3 Timothy V.Weidner,E.I. P-4 Senior Vice President Project Engineer David R.Burroughs,P.E. E-3 Michele L.Daly,E.I. P-4 Vice President Project Engineer Ronald G.Naylor,P.E. E-2 Gregory A.Chambers T-5 Senior Project Manager Senior Project Technician(Field) John T.Whitehouse,P.E.,P.L.S. E-2 Steven Gozner,III T-5 Senior Project Manager Senior Project Technician(CAD) Bradley P.Sanderson,P.E. E-1 David S.Stewart T-5 Project Manager Senior Project Technician(Field) Jeffrey W.Freeman,P.E. E-1 William C.Pierson T-4 Project Manager Project Technician(CAD) Scott A.Swanson E-1 C.Larry Nolan T-4 Computer Aided Drafting& Project Technician(CAD) Information Systems Manager Kristopher K.Pung T-4 Timothy P.Farrell,P.E. P-5 Project Technician(CAD) Senior Project Engineer/Environmental Daniel R.Breisch T-4 George R.Burgess,P.L.S. P-5 Senior Technician(CAD) Senior Project Surveyor Ryan M.Christoffel T-3 Jeremey T.Lay,E.I. P-5 Senior Technician(Field) Senior Project Engineer/Environmental Joshua M.Boatman T-3 Timothy N.Paulson,P.E. P-5 Senior Technician(Field) Senior Project Engineer Thomas A.Ness T-3 Kevin S.Bomstad,P.E. P-5 Senior Technician(Field) Senior Project Engineer Matthew R.Blackburn T-3 Andrew R.Deitchman,P.E. P-5 Senior Technician(Field) Senior Project Engineer/Environmental Denise M.Migliorini A-3 Jason P.Nemeth,P.E. P-5 Administrative Assistant Senior Project Engineer Denise M.Thelander A-3 Mark G.Scheller,S.I. P-4 Accounting Assistant Project Surveyor Angela R.Ford A-3 Christopher E.Peterson,S.I. P-4 Secretary Project Surveyor Dawn M.Goodbred A-3 Jed R.Davis,E.I. P-4 Secretary Project Engineer Nicole A.Morris A-3 Julie A.Morrison,E.I. P-4 Accounting Assistant Project Engineer Bobbi M.Erdmann A-3 Yifang Lu,E.I. P-4 Marketing Director Project Engineer Angela D.McCoy A-3 Darrin P.Schertz P-4 Accounting Assistant Project Engineer East Dundee,Illinois David A.Kamano,E.I. P-4 Project Engineer Mark C.Weber,P.L.S. P-5 Senior Project Surveyor Brian R.Valleskey P-4 GIS Specialist Robert C.Watts T-5 Senior Project Technician(Field) Travis A.Carroll T-3 Senior Technician(Field) LEGEND: P.E.=Professional Engineer Stacy L.Nilsen A-3 P.L.S.=Professional Land Surveyor Office Manager E.I.=Engineer Intern S.I.=Surveyor Intern E=Executive P=Professional T=Technical A=Administrative 4/21/03 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 STANDARD SCHEDULE OF CHARGES January 1, 2003 www.eeiweb.com Englnssring Entsrprisss. Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $120.00 Senior Project Manager E-2 $111.00 Project Manager E-1 $102.00 Senior Project Engineer/Surveyor P-5 $ 93.00 Project Engineer/Surveyor P-4 $ 84.00 Senior Engineer/Surveyor P-3 $ 75.00 Engineer/Surveyor P-2 $ 66.00 Associate Engineer/Surveyor P-1 $ 57.00 Senior Project Technician T-5 $ 84.00 Project Technician T-4 $ 75.00 Senior Technician T-3 $ 66.00 Technician T-2 $ 57.00 Associate Technician T-1 $ 48.00 Secretary A-3 $ 57.00 VEHICLES, EQUIPMENT AND REPROGRAPHICS Vehicle for Construction Observation VEH $ 10.00 Global Positioning System Equipment GPS $ 25.00 Scanning ($1.50 per Sheet) SCA N/A Reproduction ($1.50 per Sheet) REP N/A G:\EEI\DOCS\FORMS\GENERAL\STADS0103.DOC Consulting Engineers Specializing in Civil Engineering and Land Surveying UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator • From: Joe Wywrot, City Engineer , ,}},- Subject: Kimball Hill Property—Engineering Review Services Date: April 24, 2003 Attached find a copy of a proposal from Engineering Enterprises, Inc. to perform engineering review services for the referenced development. This work would be invoiced at an hourly rate. I understand that the developer, Kimball Hill Homes, is in agreement with this method of compensation. Per Resolution 2002-27, we will require an initial deposit of $20,000 before will authorize EEI to begin this work. Please place this proposal on the M y-6, 2003 Committee of the Whole agenda for consideration. (V4(2--4"; • / Cy (1,q( �� 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 www.eeiweb.com Engineering Enterprises. Ino. April 24, 2003 Mr. Joe Wywrot City Engineer COPY' United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Professional Services for Subdivision Regulations Ordinance Enforcement for the Fischer Property(North of Faxon Road and East of Rob Roy Creek) United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: Thank you for the opportunity to submit this proposal for professional services for the enforcement of the Subdivision Regulations Ordinance and other pertinent City ordinances and policies for the currently unnamed subdivision being proposed on the Fischer Property by Kimball Hill Homes on the north side of the community. Our proposal presents in more detail below the following items: Project Description, Scope of Services, Fees and Conditions, Qualifications and Acceptance. PROJECT DESCRIPTION The United City of Yorkville has certain authority over the subdivision of properties and requires the assistance of qualified professional engineers, land surveyors and technicians in interpreting and enforcing the submittals of subdividers as part of the subdivision process. Accordingly, this proposal is for those professional services required to assist the City in interpreting and enforcing the Subdivision Regulations Ordinance and other pertinent City ordinances and policies. SCOPE OF SERVICES Engineering Enterprises, Inc. will furnish the necessary personnel, equipment and transportation to perform the required professional engineering, land surveying and other necessary services that are required to assist the City in interpreting and enforcing its Subdivision Regulations Ordinance and other pertinent City ordinances and policies. The activities are generally summarized below and are presented in more detail in the attached Agreement for Professional Services: 1. Provide review and issue reports and opinions of documents submitted by subdividers. Consulting Engineers Specialising in Civil Engineering and Land Surveying Mr. Joe Wywrot, P.E. April 24, 2003 Page 2 2. Review detailed engineering plans for compliance with City requirements and sound engineering practice. Review shall include but not be limited to the review of site grading, roads and streets, watermain, sanitary sewer, storm sewer and drainage, stormwater detention, street lighting, traffic signage and soil erosion and sedimentation control. 3. Review necessary IEPA Water and Sewer Permits, IDNR Endangered Species, Illinois Historic Preservation and IEPA Notice of Intent (NOI) Permits, review wetland and other permits as required. 4. Conduct or review hydrologic and hydraulic studies for floodway, floodplain and stormwater management issues. 5. Attend meetings and conferences as required with City's and Subdivider's personnel to review and discuss findings. 6. Attend City Planning Council Meetings and any other applicable meetings as directed by City Staff. FEES AND CONDITIONS The proposed methods of payment for the required professional services are at Hourly (HR), Lump Sum (LS) and/or Actual Cost (AC) fees for the various classifications of employees who will perform the work as listed on the Standard Schedule of Charges dated January 1, 2003. A brief explanation of the reasons for the various proposed Hourly and/or Actual Cost fees is in order and is as follows: 1. the proposed Hourly fee is for work that is subject to unknown conditions, experience of the subdivider's personnel and contractors, and other conditions that are not under our control; 2. the proposed Lump Sum fee is for work that is clearly defined and is not subject to third party action; and 3. the proposed Actual Cost fee is for work and/or expenses the exact cost of which cannot be determined in advance. The proposed method of payment for reproduction services and archival storage of plans is at the rate of $.30 per square foot for blueline, vellums and/or bond copies and $1.75 per square foot for mylar sheets reproduced and/or scanned by our firm or at the actual cost of reproduction services provided by our vendors. Payment for all work will be based on invoices submitted periodically by our firm, but not more frequently than monthly as the work progresses. Invoices will be payable by the City within 30 days of the date of the invoice. In the event that payment is not made by the City within 60 days, interest will be charged at the rate of 1.5 percent per month on the unpaid balance. Additional assignments not described above will be performed at an hourly rate for the various classifications of employees who will perform the work as listed on the attached Standard Schedule of Charges dated January 1, 2003, or in accordance with a separate proposal. mow Mr. Joe Wywrot, P.E. April 24, 2003 Page 3 QUALIFICATIONS Engineering Enterprises, Inc. is actively engaged in the planning, design and construction of both public and private utility improvement projects in Kendall County, Illinois. Our staff has the experience, enthusiasm and commitment to provide the required services in a reliable, timely and cost effective manner. Our firm has performed or is performing similar services for other municipalities and counties for over 20 years. While various members of our firm will perform the work on this project, the principal contacts with our firm will be Jeffrey W. Freeman, P.E., Project Manager. Peter G. Wailers, P.E., Principal Engineer will be available as required. ACCEPTANCE If the Project Description, Scope of Services, and Fees and Conditions, as generally cited above are satisfactory, please indicate your acceptance by signing both copies of the enclosed Agreement for Professional Services and returning one of them to us for our records. We welcome the opportunity to submit this proposal for professional services to you for your consideration. We look forward to working with and for you on this project. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Jeffrey W. Freeman, P.E. Project Manager JWF/me Enclosures pc: Mayor Art Prochaska Mr. Tony Graff—City Administrator Mr. Richard Young — Kimball Hill Homes JKM, PGW, JTW, DMT— EEI \\EEINT\EEI-DOCS\PUBLIC\Yorkville\2002\YO0219 Fischer Property(Kimball Hill Homes)\Doc\Contract\pp10l.doc AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into this day of , 2003 by and between the United City of Yorkville (hereinafter referred to as CITY) acting through the City Engineer and Engineering Enterprises, Inc., a Corporation in the State of Illinois engaging in the practice of Professional Engineering and Land Surveying, acting by and through its Project Manager and Senior Vice President (hereinafter referred to as ENGINEER). Whereas, the CITY exercises certain authority granted by State Statue over the subdivision of the properties as well as the construction of public infrastructure improvements associated with the properties subdivided, and Whereas, ENGINEER is a Corporation registered in the State of Illinois to perform Professional Engineering and ancillary services including Land Surveying and employs individuals dually licensed therein, and Whereas, the CITY has ascertained it may be necessary and advantageous from time-to-time in order to protect the public health, safety, and welfare of its citizens to engage the services of ENGINEER to assist and advise it in matters requiring professional engineering and land surveying knowledge pertaining to the enforcement of the City's Subdivision Regulations Ordinance and to the platting of properties and the design and construction of public infrastructure improvements associated with the platting of properties, and Whereas, the parties concur that this Agreement sets forth the scope of the Professional Services to be performed and the basis of compensation for said services. Now therefore, in consideration of the agreements, commitments, and understandings of each party respecting the services to be performed and the compensation to be paid herein, the parties mutually agree as follows: United City of Yorkville April 24, 2003 Page 2 BASIS OF SERVICES OF ENGINEER At the request and as directed by CITY: 1. ENGINEER shall provide general review of the Concept, Preliminary and Final Plats, Preliminary and Final Engineering Plans and the Preliminary and Final Supporting Documents (computations, design parameters, reports, opinion's of probable cost, etc.) hereinafter referred to as Plat Documents, submitted by private land development entities (Subdividers) and shall issue reports and detailed opinions on the compliance of these documents with the content requirements of City Subdivision Regulations and sound professional engineering and land surveying practices to assist the CITY in their review and Plat approval process. This Agreement does not include the review of landscape plans or non-jurisdictional wetlands. 2. ENGINEER shall review hydrologic and hydraulic studies to analyze and flood-route stormwater runoff through proposed subdivisions and land developments and to consult and render advice on the design of stormwater conveyance and storage facilities including the issuance of narrative reports and design guidelines to assist the CITY in their review and Plat approval process. 3. ENGINEER shall attend meetings and conferences with CITY staff personnel and various land platting entities and Subdividers seeking approvals from the CITY to review and discuss the findings, reports, and design guidelines rendered by ENGINEER. 4. ENGINEER shall provide an inventory of the appropriate infrastructure that has been constructed as part of the project in a format that is conducive for the integration into the CITY's infrastructure accounting standards and/or the ENGINEER shall incorporate the public infrastructure into the CITY'S GIS System. 5. ENGINEER shall provide CITY with evidence that ENGINEER has obtained Professional Liability insurance coverage in the amount of $1,000,000.00 naming the CITY as a certificate holder and shall provide CITY with evidence of General Liability insurance coverage, with the specific limits listed on the certificate of insurance and also naming CITY as additional insured. CITY'S RESPONSIBILITIES 1. CITY shall: a. Provide full information as to its requirements for the Project. United City of Yorkville April 24, 2003 Page 3 b. Assist ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports and other data relative to design and construction of the Project. c. Furnish to ENGINEER, as required by him for performance of Basic Services, data prepared by or services of others, such as core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; property, boundary, easement, right-of-way, topographic and utility surveys and property descriptions; zoning and deed restriction; and other special data or consultations all of which ENGINEER may rely upon in performing his services. d. Guarantee access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services upon 5 days prior notice of ENGINEER to CITY of the need or desire to enter upon said public or private property. e. Examine all studies, reports, sketches, design guidelines, proposals, and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as he deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. f. Provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for the Project, and such auditing service as CITY may require to ascertain how or for what purpose any Contractor has used the moneys paid to them by Subdividers. g. Designate in writing a person to act as CITY'S Representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to ordinances, codes and requirements pertinent to ENGINEER'S services. h. Give prompt notice to ENGINEER whenever CITY observes or otherwise becomes aware of any defect in the Project. COMPENSATION 1. For services rendered by ENGINEER pursuant to the terms of this Agreement, CITY agrees to compensate ENGINEER on an hourly basis for the various classifications of United City of Yorkville April 24, 2003 Page 4 employees who will perform the work as listed on the attached Standard Schedule of Charges dated January 1, 2003, and attached to this Agreement plus reimbursable expenses. 2. ENGINEER shall submit for payment a monthly statement detailing the specific project or projects on which services were rendered, the total time expended by each staff member during that period, the date, time spent, and a description of any reimbursable expenses incurred. 3. Upon request, ENGINEER shall review and lend further explanation to the monthly invoice submitted. 4. Payments shall be due within 30 days of date of submittal and approval by CITY. 5. Payments not received within 60 days of date of submittal shall be subject to a 1.50% per month service charge, commencing 30 days after invoice submittal. 6. In the event of a breach by CITY in the performance of any of its duties or undertakings herein contained, the ENGINEER shall be entitled to all remedies available to it in equity and at law. All costs, fees and expenses, including, by way of example and without limitation, reasonable attorney's fees, court costs, court reporter's fees, transcript costs, subpoena fees and costs, witness fees, service costs, and document reproduction costs incurred by the ENGINEER as a result of the breach of the CITY shall be paid by the CITY. 7. For projects that proceed beyond one year or are phased into multiple years, their shall be an increase in compensation based on the Cost of Living Index at a minimum, or the hourly rates for work completed in successive years shall be in accordance with the active annual hourly rate schedule as approved by the CITY. However for projects that go beyond 3 years, the ENGINEER shall have the right to negotiate with the CITY additional rate adjustments consistent with the Cost of Living Index and Current Labor Conditions. TERMINATION 1. This agreement may be terminated upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation for all costs incurred through the date of termination. United City of Yorkville April 24, 2003 Page 5 IN WITNESS WHEREOF, CITY and ENGINEER have executed this Agreement. ENGINEERING ENTERPRISES, INC. UNITED CITY OF YORKVILLE By: By: Attest: Attest: \\EEINT\EEI-DOCS\PUBLIC\Yorkville\2002\Y00219 Fischer Property(Kimball Hill Homes)\Doc\Contract\agreement0l.doc Personnel, Positions & Classifications James K.Michels,P.E. E-3 Jason M.Bauer,E.I. P-4 President Project Engineer Peter G.Wailers,P.E. E-3 Timothy V.Weidner,E.I. P-4 Senior Vice President Project Engineer David R.Burroughs,P.E. E-3 Michele L.Daly,E.I. P-4 Vice President Project Engineer Ronald G.Naylor,P.E. E-2 Gregory A.Chambers 1-5 Senior Project Manager Senior Project Technician(Field) John T.Whitehouse,P.E.,P.L.S. E-2 Steven Gozner,III T-5 Senior Project Manager Senior Project Technician(CAD) Bradley P.Sanderson,P.E. E-1 David S.Stewart T-5 Project Manager Senior Project Technician(Field) Jeffrey W.Freeman,P.E. E-1 William C.Pierson T-4 Project Manager Project Technician(CAD) Scott A.Swanson E-1 C.Larry Nolan T-4 Computer Aided Drafting& Project Technician(CAD) Information Systems Manager Kristopher K.Pung T-4 Timothy P.Farrell,P.E. P-5 Project Technician(CAD) Senior Project Engineer/Environmental Daniel R.Breisch T-4 George R.Burgess,P.L.S. P-5 Senior Technician(CAD) Senior Project Surveyor Ryan M.Christoffel T-3 Jeremey T.Lay,E.I. P-5 Senior Technician(Field) Senior Project Engineer/Environmental Joshua M.Boatman T-3 Timothy N.Paulson,P.E. P-5 Senior Technician(Field) Senior Project Engineer Thomas A.Ness T-3 Kevin S.Bomstad,P.E. P-5 Senior Technician(Field) Senior Project Engineer Matthew R.Blackburn T-3 Andrew R.Deitchman,P.E. P-5 Senior Technician(Field) Senior Project Engineer/Environmental Denise M.Migliorini A-3 Jason P.Nemeth,P.E. P-5 Administrative Assistant Senior Project Engineer Denise M.Thelander A-3 Mark G.Scheller,S.I. P4 Accounting Assistant Project Surveyor Angela R.Ford A-3 Christopher E.Peterson,S.I. P-4 Secretary Project Surveyor Dawn M.Goodbred A-3 Jed R.Davis,E.I. P-4 Secretary Project Engineer Nicole A.Morris A-3 Julie A.Morrison,E.I. P-4 Accounting Assistant Project Engineer Bobbi M.Erdmann A-3 Yifang Lu,E.I. P-4 Marketing Director Project Engineer Angela D.McCoy A-3 • Darrin P.Schertz P-4 Accounting Assistant Project Engineer East Dundee.Illinois David A.Kamano,E.I. P-4 Project Engineer Mark C.Weber,P.L.S. P-5 Senior Project Surveyor Brian R.Valleskey P-4 GIS Specialist Robert C.Watts T-5 Senior Project Technician(Field) Travis A.Carroll T-3 Senior Technician(Field) LEGEND: P.E.=Professional Engineer Stacy L.Nilsen A-3 P.L.S.=Professional Land Surveyor Office Manager E.I.=Engineer Intern S.I.=Surveyor Intern E=Executive P=Professional T=Technical A=Administrative miummo► c :. ,.. 4/21/03 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 STANDARD SCHEDULE OF CHARGES (et January 1, 2003 www.eeiweb.com Engineering Enterprises. Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $120.00 Senior Project Manager E-2 $111.00 Project Manager E-1 $102.00 Senior Project Engineer/Surveyor P-5 $ 93.00 Project Engineer/Surveyor P-4 $ 84.00 Senior Engineer/Surveyor P-3 $ 75.00 Engineer/Surveyor P-2 $ 66.00 Associate Engineer/Surveyor P-1 $ 57.00 Senior Project Technician T-5 $ 84.00 Project Technician T-4 $ 75.00 Senior Technician T-3 $ 66.00 Technician T-2 $ 57.00 Associate Technician T-1 $ 48.00 Secretary A-3 $ 57.00 VEHICLES, EQUIPMENT AND REPROGRAPHICS Vehicle for Construction Observation VEH $ 10.00 Global Positioning System Equipment GPS $ 25.00 Scanning ($1.50 per Sheet) SCA N/A Reproduction ($1.50 per Sheet) REP N/A G:\EEI\DOCS\FORMS\GENERAL\STADS0103.DOC Consulting Engineers Specializing in Civil Engineering and Land Surveying • UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Subject: Fox River Study Group Date: March 27, 2003 Attached find a letter from the Fox River Study Group regarding a study they are performing to develop a watershed model of the Fox River from Johnsburg to Yorkville. The goal of the study and model is to develop measures to protect the water quality of the river. The group is asking for towns located along the river to contribute $0.25 per capita to help fund the study. For Yorkville (with a population of 6189 people), the cost would be about $1550. Please place this item on the Public Works Committee agenda of April 28, 2003 for consideration. • • Cc: Traci Pleckham, Director of Finance Fox River Study Group • c/o 4209 W. Solon Rd., Richmond, IL 60071 February 20, 2003 Dear Fox River Valley Community: The Fox River Study Group(FRSG),in cooperation with the Illinois Environmental Protection Agency (Illinois EPA) seeks support from local units of government in the Fox River Valley to continue the Fox River Watershed Investigation. FRSG is a diverse coalition of stakeholders working to foster sustainable growth throughout the watershed and enhance the water quality of the Fox River. To make informed decisions about how best to maintain the quality of the Fox River in our rapidly urbanizing watershed,we are developing a watershed model of the Fox River watershed. This model will be a management tool to assess the impact of development options on the Fox River and to evaluate the most cost effective measures needed to maintain the health of the river. Since initial meetings in the summer of 2001,the Fox River Study Group has: o Developed a four phase work plan, outlined in the attached document, Working Together Toward Sustainable Growth in the Fox River Watershed. o Secured a$160,000 grant from the Illinois EPA for the Illinois State Water Survey(ISWS) to complete Phase I of the study by October 2003. • o Initiated biweekly monitoring at 7 sites on the Fox River from Johnsburg to Yorkville to supply the ISWS with quality information on the current health of the Fox.River. This $100,000 effort,which includes sampling, analysis, and data management,is supported solely by in-kind contributions from 14 environmental groups,municipalities,and water reclamation districts. o Begun the necessary paperwork to become a non-profit corporation, an important step in our efforts to secure private foundation support for this work. o Seen the leadership of a key participant,the Fox River Water Reclamation District,recognized by the U.S. EPA as a Clean Water Partner for the 21st Century. o Successfully petitioned Governor Ryan to nominate the Fox River for$526,000 in federal Watershed Initiative funding for Phase II of the work plan. To continue this work for the watershed,we need your help. Over the next 5 years,we need$1.4 million to keep the plan on schedule. We are optimistic that federal Watershed Initiative funding can provide more than one-third of that amount,but that program requires a 25%match from local funds. Each$1 raised locally can bring$3 of federal funding to the Fox River watershed. Because each and every resident in your community enjoys the benefits that the Fox River provides to them, we are asking you to budget just 250 per capita in your yearly budget to support the Fox River Study. We are asking communities up and down the Fox River and throughout the whole watershed to do • the same. (The towns of Aurora and Elgin are being asked to contribute 500 per capita since their residents also use the river as a source of drinking water.) Together we can share the expense required to develop a comprehensive management tool for maintaining the health of the Fox River watershed. Working Together Toward Sustainable Growth in the Fox River Watershed The Fox River Watershed From its headwaters near Waukesha, the Fox River drains 938 square miles in southeastern Wisconsin prior to entering Illinois. Between the McHenry County/Wisconsin border and its junction with the Illinois River near Ottawa, the river runs for 115 milesand drains an additional 1,720 square miles. Although it is only 3% of the total area in Illinois, the watershed is home to about 450,000 people (11% of the state total); a number that is likely to increase by more than 30% over the next 20 years. The Fox River is a multi-purpose resource that contributes critical habitat for wildlife, serves as a valuable resource for recreation, receives and assimilates pollutants from point and non-point sources and provides source water for public water supplies. Habitat modifications may also play a significant role in the dynamics of the river. Because of the rapid pace of development in the Fox River Watershed, maintaining these resources requires comprehensive planning. The Fox River Study Group The Fox River Study Group (FRSG) is a diverse coalition of stakeholders working together to assess water quality in the Fox River watershed. Participants include Friends of the Fox River, Sierra Club, Fox River Water Reclamation District (Elgin), Fox Metro Water Reclamation District (Aurora), Fox River Ecosystem Partnership, Illinois Environmental Protection Agency (IEPA), Northeastern Illinois Planning Commission, as well as representatives from Algonquin, Aurora, Batavia, Crystal Lake, Elgin, Geneva, Island Lake, Kane County, Lake in the Hills, St. Charles and Yorkville. The FRSG began meeting in the summer of 2001 to plan how to prepare for the upcoming • Total Maximum Daily Load (TMDL) study on the River. A TMDL study is required by federal law because three segments of the Fox River appeared on the Illinois Environmental Protection Agency's list of impaired waters (the 1998 303(d) list). These segments, which lie between Holiday Hills and North Aurora, were listed because results from at least one water sample suggest there are water quality concerns. The most common concerns include low dissolved oxygen levels or high concentrations of fecal coliform bacteria. The 303(d) listing was updated in 2002, and now includes the entire length of the Fox River from the Wisconsin state line to the river's mouth at Ottawa with the most numerous causes listed as flow alteration, habitat alteration, low dissolved oxygen, nutrients, organic enrichment, PCBs, siltation or suspended solids. Although the emphasis in the original meetings was on monitoring water quality, it soon became clear that the FRSG presented a unique opportunity to foster sustainable growth throughout the watershed. To guide those efforts, the FRSG reached a consensus on the following work plan. The Work Plan The work plan is made up of four phases. Brief descriptions of the objectives of each phase, the schedule, and estimated costs are given in the table below. Phase I work is being conducted by the Illinois State Water Survey and funded by the TEPA. Part of the Phase II effort also began in April 2002 when the FRSG water quality monitoring program started collecting samples at seven sites along the Fox River. This program, an all-volunteer effort organized by the Fox River and Fox Metro water reclamation districts, was carefully designed to satisfy rigorous data quality requirements of the IEPA. Results from this • program will be combined with results from Phase I to identify times and locations where additional information is needed. Those data, especially information describing how the watershed responds to storm events, will be used in Phase III to calibrate a model of the Fox River watershed. • The fourth and final phase of the work plan is to implement and maintain the watershed model as a management tool. The model will be used to: • Ensure efficient use of taxpayer and private moneys on watershed projects • Assess the effect of various development options throughout the watershed - Educate stakeholders • Evaluate management priorities • Identify sensitive regions within the watershed • Develop effective continuing monitoring programs Funding The estimated cost to complete the first three phases of the work plan is $1,560,000. Phase / Tasks Estimated Cost Schedule I Critical and comprehensive review of $160,000 April 2002-October existing water quality and quantity and 2003 land use data II Design and implement watershed $500,000 April 2002-begin monitoring and initial modeling monitoring Nov. 2003-July 2005 model S -develop III Watershed model calibration $900,000 August 2005-July 2008 IV `Watershed model application and July 2008 onward TMDL implementation That total does not include costs of the all-volunteer FRSG monitoring program, conservatively estimated at $100,000. In Phase IV it will be important to continue monitoring to maintain and adapt the model to changes in the watershed. We expect those costs to average about $100,000 per year. Residents of and visitors to the Fox River watershed as well as all the receiving waters downstream from the Fox River will benefit from these efforts. All stake holders, including federal, state, local governments, corporate citizens and private foundations, who enjoy the benefits the Fox River watershed and will further benefit from sustainable growth in the the watershed need to share in the cost of the study, planning and adaptive management of the watershed. The Fox River Study Group is currently seeking federal funding for Phase II of the work plan through the Watershed Initiative and other USEPA initiatives. The Group is soliciting local matching funds by asking Fox River Valley communities to budget 250 per capita into their yearly budgets to support the study. The towns of Aurora and Elgin, which take their drinking water from the Fox River, are being asked to contribute 500 per capita. 0 Fox River Study Group page 2 • Please budget your share towards this effort to sustain the quality of the Fox River. We would be happy to meet with you at any time to discuss the details of the project and the goals of the Fox River Study Group. Feel free to contact any of the Fox River Study Group directors listed below. Sincerely, Fox River Study Group Board of Directors Paul Anderson, representing Fox River Ecosystem Partnership Greg Hergenroeder,representing Fox River Water Reclamation District Tom Muth,representing Fox Metro Water Reclamation District Cindy Slcukrud, representing Friends of the Fox River and the Sierra Club • Cliff White,representing the Tri-Cities of Batavia, Geneva, and St. Charles Illinois EPA liaison Tim Kluge Attachments Working Together Toward Sustainable Growth in the Fox River Watershed work plan Fox River Study Group Board of Directors contact information Fox River Study Group Letter of Agreement Illinois EPA letter of support • S Fox River Study Group Board of Directors Paul Anderson, President,Fox River Ecosystem Partnership Illinois Institute of Technology 10 W. 33rd St. Chicago, IL 60616 312-567-3531 andersonp@iit.edu Greg Hergenroeder, General Manager Fox River Water Reclamation District PO Box 328 Elgin, IL 60121-0328 ghergenroeder@frwrd.com Tom Muth, District Manager Fox Metro Water Reclamation District 682 Rt. 31 Oswego, IL 60543 • 630-892-4378 tmuth@foxmetro.dst.il.us Cindy Skiulaud,Clean Water Advocate Sierra Club,Illinois Chapter 4209 W. Solon Rd. Richmond,IL 60071 815-675-2594 cskrukrud@earthlink.net Cliff White,Environmental Services Manager City of St. Charles Two E Main St. St. Charles, IL 60174 630-377-4918 CWhite@ci.st-charles.il.us Illinois EPA liaison Tim Kluge Illinois EPA • PO Box 19276 Springfield, IL 62794-9276 217-558-2012 tim.kluge@epa.state.il.us Fox River Study Group LE i'TER OF AGREEMENT The undersigned participants in the Fox River Study Group state that it is the intention of this group to: 1. serve as an oversight committee for Phase I of the Illinois State Water Survey (ISWS) study of the Fox River, as described in the contract between ISWS and the Illinois EPA and the attached ISWS proposal Fox River Watershed Investigation; 2. participate in the Fox River monitoring effort planned in support of the study, as defined by the Fox River Water Quality Study—Quality Assurance Project Plan for that monitoring effort; 3. provide relevant information and data in our possession on the Fox River watershed to the ISWS asart of Phase I of the study; and P Y 4. participate in the Fox River Study Group with the focus being to: a) proceed based on the recommendations of Phase I of the study, b) support continuation of Phase II and Phase III of the study, c) develop, as indicated by the results of the study, a plan to preserve and/or enhance the water quality of the Fox River, and d) promote, • as needed, the adoption of the plan by the appropriate entities who have the authority for its implementation. Name --4-7-7uts, /1(a` _ Organization ,X Mcrec '' e ,eEGGAMATio..J DiSr2/GT Date 829 /z002- Name ZoogName Ph:V I-1(1,2E \; • Organization C k Vic' C.);?\ Date Cg,_ 2_51_ca Name a'',//d ) (,2 Al Organization rdK / / 1/f7 /CCJYSi3O /'(X 77111').S4// Date 2 /4 V�-1 / C Fox River Study Group LE ITER OF AGREEMENT page 2 Name Organization )t/&7r dCEc4sfi7 77oX1 )isT•PiCT Date B Name Cjtl Organization ih." . ' ' h, '.a IL --.�. Date - 11o&P tk Name N / � Organization !i va�s ��r► 'd'-i A 01 , Date 11)3(e . • Nameii (/)-eoZ". "2/1C1:2 Organization at. C.� Date / 2-/n/D-2- Name f)7/GZName Organization Date Name Organization Date Name • Organization Date ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 • JAMES R.THOMPSON CENTER, 100 WEST RANDOLPH,SUITE 11-300, CHICAGO, IL 60601 ROD R. BLAGOJEVICH, GOVERNOR RENEE CIPRIANO, DIRECTOR 217/782-3397 To: Parties Concerned with Preserving and Enhancing Water Quality in the Fox River Watershed Dear Stakeholder: This letter is to reaffirm the Illinois Environmental Protection Agency's support for, and participation in, the work of the Fox River Study Group(FRSG). Many features of the Fox River Valley contribute to making it a unique resource and a desirable place to live, work, and enjoy recreational activities. Some of these same features also lead to water quality challenges. As the FRSG began meeting, we encouraged participants to address three areas related to water quality management: 1. Growth- Given the growth in population and changes in land use,predictive modeling of water quality needs for the future becomes imperative. Data collection to support modeling consequently increases in importance, and we encourage the volunteer monitoring work the FRSG has underway. The Illinois State Water Survey, supported by an Illinois EPA grant,has begun work to collect existing water quality data, assess its usability, and identify data gaps that need to be addressed in order to support modeling. • 2. Unique Water Quality Concerns-The Fox River behaves differently from most similarly-sized rivers in Illinois because of the dams and pools below the Chain of Lakes. There is a need to better understand these dynamics and, most likely, define specific effluent and water quality standards for the Fox River rather than standards designed for statewide applicability. Again, comprehensive data and appropriate modeling are needed. 3. Cooperative Goal Setting and Plan Implementation-The Fox River watershed presents an opportunity for a comprehensive, cooperative, and proactive approach to watershed management. A significant local interest in water quality of the Fox River and substantial support to date from local citizens and governments add momentum to the process. The Illinois EPA is encouraged by the progress thus far and fully supports continuing the process through the data collection,modeling,plan development, and implementation phases. The Illinois EPA remains committed to assisting the FRSG in obtaining technical and financial support for the project. However, we also strongly encourage solid and sustained commitment by the Fox Valley residents through their local entities to theroject as it is developed,recognizing that the adoption and implementation P J P phases will rest primarily on them. Finally,we hope that the process serves as a model that can be applied in other watersheds as appropriate, to preserve and enhance water quality. Sincerely, / v Renee Cipriano • Director ROCKFORD—4302 North Main Street, Rockford. IL 61103-(8151987-7760 • DEs PLAINES—9511 W.Harrison St.,Des Plaines, IL 60016-(8471294-4000 ELGIN-595 South State, Elgin,IL 60123-(8471608-3131 • PEORIA-5415 N.University St.,Peoria. IL 61614-(3091693-5463 BUREAU OF LAxr)-PEusi.A—7620 N. University St.,Peoria,IL 61614-13091 693-3462 • CHAMPAIGN-2125 South First Street,Champaign, IL 61820-(2171278-5800 SPRINGFIELD—4500 S.Sixth Street Rd..Springfield.IL 62706-(217) 786-6892 • COLLINSVILLE-2009 Mall Street,Collinsville, IL 62234-(6181346-5120 MARION—2.309 W.Main St..Suite 116.Marion, IL 62959-(6181993-7200 PRINTED UN RECYCLED PAPER UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Subject: Mill/Van Emmon Watermain Date: March 28, 2003 Attached find a copy of a letter and license agreement for a watermain crossing of the Illinois Railnet tracks at Mill Street. The license fee is $5000 and the contract preparation and administration fee is $550, resulting in a total cost of$5550. This license is needed for the construction of the 16" watermain on Mill Street scheduled for construction this coming summer. Please place this item on the Public Works Committee agenda of April 28, 2003 for review. • 410 Illinois RailNet, Inc. Real Estate Department • PMB 161 11250-15 St. Augustine Road Jacksonville, FL 32257-1147 Tel: 800-818-0184 Fax: 904-448-1215 February 27, 2003 Julie Morrison Project Engineer Village of Oswego do Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Dear Ms. Morrison: Enclosed for your handling are duplicate originals of Pipeline Crossing Agreement, • IR-22703. Please have both originals executed and returned to my attention along with a check for $5,550 to cover the fees as outlined in Section 2 of the agreement. Upon receipt, we will provide a fully executed original for your files. Please contact me at the number above if you have any questions or require additional information. Sincerely, I11." John A. Pustinger Director-Real Estate MAR - 4 2003 • IR Form 3537-A Revised October 1998 Agreement No. IR-22703 • PIPELINE CROSSING AGREEMENT THIS AGREEMENT,Made as of February 27,2003,the"Effective Date",by and between Illinois RailNet,Inc., a Delaware corporation,whose mailing address is PMB 161, 11250-15 St.Augustine Road, Jacksonville,FL 32257-1147,hereinafter called"Licensor", and the City of Yorkville,whose mailing address is 800 Game Farm Road,Yorkville,IL 60560,hereinafter called"Licensee" WITNESSETH: WHEREAS,Licensee desires to construct,use and maintain an 16.60 inch pipe for the conveyance of water,hereinafter called"Pipeline",under and across the tracks and property owned or controlled by Licensor at or near Yorkville,Kendall County,Illinois, crossing Railroad's trackage at 2,429 feet East of Milepost 50, including necessary aerial or subterranean crossings, hereinafter called the"Crossing";as shown on Exhibit A, attached hereto and made a part hereof. NOW, THEREFORE,in consideration of the mutual covenants,terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits,and subject to: (A) Licensor's present and future right to occupy,posses and use its property within the area of the Crossing for any and all purposes; (B) all encumbrances, conditions, covenants and easements applicable to Licensor's title to or rights in the subject property; and • (C) compliance by Licensee with the terms and conditions herein contained; does hereby grant to Licensee the nonexclusive license and permit to construct, maintain,repair, renew, operate,use, alter or change said Pipeline at the Crossing above for the term herein stated, and to remove same upon termination. 1.2 The term Pipeline, as used herein, shall include only the pipes, ducts, casing,vents, manholes, connectors,fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage above within the Crossing, and as shown on the attached Application Form. 1.3 No additional Pipelines or facilities shall be placed, allowed or maintained by Licensee in,upon or along the Crossing except upon separate prior written consent of Licensor. 2. LICENSE FEE,TERM: 2.1 Licensee shall pay to Licensor a one-time lump sum License Fee of Five Thousand U. S. Dollars($5,000),payable on or before the Effective Date of this agreement. 2.2 In addition to the above fee,Licensee will also pay a one-time contract preparation and administration fee of Five Hundred Fifty U.S.Dollars($550). 2.3 However, Licensee assumes sole responsibility for, and shall pay directly(or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Pipeline. • 1 IR Form 3537-A Revised October 1998 Agreement No.IR-22703 2.4 Effective Date of this Agreement shall be the date first written above and shall continue 111 in effect from year to year until terminated by thirty(30)days written notice from either party to the other. License shall also be revocable in the event of Licensee's default, as herein provided, and shall also terminate upon(a)Licensee's cessation of use of the Pipeline or Crossing for the purposes above, (b)removal of the Pipeline, and/or(c) subsequent mutual consent. 3. CONSTRUCTION,MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct,maintain,relocate,repair, renew, alter, and/or remove said Pipeline, in a prudent,workmanlike manner,using quality materials and complying with any applicable standards or regulations of Licensor, A.R.E.A. Specifications,Licensee's particular industry, and/or any governmental or regulatory body specifications and regulations that may have jurisdiction over the Crossing. 3.2 Location and construction of Pipeline shall be made strictly in accordance with designs and specifications furnished to and approved by Licensor and of materials and sizes appropriate for the purposes above recited. 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at times satisfactory to Licensor and in a manner so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's tracks and appurtenances thereto. 3.4 In the installation and/or maintenance of said Pipeline,Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by • Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to Pipeline which are reasonably necessary to protect or facilitate Licensor's use of its property shall be made by Licensee promptly,but in no event later than ten(10)days after Licensee has notice as to the need for such repair or maintenance, whether or not such repairs or maintenance result from acts of Licensee, natural or weather events or otherwise. 3.6 Licensor,in order to protect or safeguard its property, rail operations, equipment or employees from imminent damage or injury,may request immediate repairs or renewal to the Pipeline, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Crossing,nor any approval given by Licensor, shall be construed as an admission of liability or responsibility by Licensor,or as waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense including losses resulting from train delays and inability to meet train schedules caused by any failure of Licensee to make repairs or maintenance, or from improper or incomplete repairs or maintenance. • 2 IR Form 3537-A Revised October 1998 Agreement No.IR-22703 • 4. PERMITS,LICENSES: 4.1 Before any work is performed, or before use of the Crossing for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permits(including but not limited to zoning,building, construction,health, safety or environmental matters), letters or certificates of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permits, approvals and authorizations, and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority(State,Federal or Local)having jurisdiction over Licensee's activities, including the location, contact,excavation and protection regulations of the Occupational Safety and Health Act(OSHA)(29 CFR 1926.651(b), et al.), and State"One Call"—"Call Before You Dig"requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permits or approvals, for any violations thereof, or for costs or expenses of compliance or remedy. 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation upon Licensor's property,Licensee,at its sole cost and expense, shall: (A) support tracks and roadbed of Licensor, in a manner satisfactory to Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material to be placed and distributed at • locations and in such manner Licensor may approve. 5.2 After construction of Pipeline,Licensee shall: (A) restore said tracks,roadbed and other disturbed property of Lincensor,to a condition reasonably satisfactory to Licensor;and (B) erect,maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of any underground Pipeline or related facilities. 6. TRACK CHANGES: 6.1 In the event that Licensor's rail operations and/or track maintenance result in any changes in grade or alignment of or additions to Licensor's tracks or other facilities, or in the event future use by Licensor of Licensor's right-of-way and property necessitate any change of location, height or depth in Pipeline,Licensee, at its sole cost and expense and within thirty(30)days after notice in writing from Licensor, shall make changes in Pipeline to accommodate Licensor's tracks or operations. 6.2 If Licensee fails to do so, Licensor may make such changes, at Licensee's cost. 7. PIPE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth of Pipeline and Crossing in relation to Licensor's tracks and facilities, and shall relocate Pipeline or change Crossing, • at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of this Agreement. 3 IR Form 3537-A Revised October 1998 Agreement No. IR-22703 7.2 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all • or any part of Pipeline(including any change in circumference, diameter or radius of pipe or change in materials transmitted in and through said pipe),or is required by any public agency or court order to do, plans therefor shall be submitted to Licensor for approval before any such change is made. After approval,the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Pipeline herein permitted may not presently interfere with Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance of said Pipeline, in the sole judgment of licensor, causes: (a)interference (physical, magnetic or otherwise)with Licensor's communication, signal or wires, power lines, train control system, or other facilities; or(b)interference in any manner with the operation, maintenance or use by Licensor of its right-of-way,tracks, structures, pole lines, devices, other property, or any appurtenances thereto;then, and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly make such changes in its Pipeline as may be required in the judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change,Licensor may do so or contract to do so, at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect Pipeline,Licensor hereby reserves the right to inspect same and to require Licensee to undertake reasonable repairs, maintenance or adjustments to Pipeline, which licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK,LIABILITY,INDEMNITY: • With respect to the liabilities of the parties, it is hereby agreed that: 9.1 Licensee hereby assumes, and shall at all times hereafter release, indemnify, defend and save Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to,on account of death of or injury to any person whomsoever(including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the presence, existence, operations, or use, of Pipeline or the restoration of premises of Licensor to their prior order or condition after removal, EXCEPT to the extent proven to have been caused by the fault, or negligence of Licensor. HOWEVER, during any period of actual construction, repair, maintenance, replacement or removal of Pipeline, wherein agents or personnel of Licensee are on the railroad right-of-way,Licensee's liabiltiy hereunder shall be absolute, irrespective of any fault or negligence of Licensor. 9.2 Use of Licensor's right-of-way involves certain risks of loss or damage as a result of • Licensor's rail operations. Notwithstanding Section 9.1, as between Licensor and Licensee, Licensee expressly assumes all risk of loss and damage to Licensee's Property and Pipeline on the Crossing, including loss of or any interference with use or service thereof, regardless of cause, including electrical field creation, fire or derailment resulting from Licensor's rail operations. For this Section,the term"Licensee's Property"shall include property of third parties situated or placed upon Licensor's right-of-way by Licensee or by such third parties at request of or for benefit of Licensee. • 4 IR Form 3537-A Revised October 1998 Agreement No. IR-22703 • 9.3 Notwithstanding Section 9.1,Licensee also expressly assumes all risk of loss which in any way may result from Licensee's failure to maintain either required clearances for any overhead Pipeline or the required depth and encasement for any underground Pipeline, whether or not such loss results in whole or part from Licensor's contributory negligence or joint fault. 9.4 If a claim or action is made or brought against either party,for which the other party may be responsible hereunder in whole or in part, such other party shall be notified and permitted to assume in the handling or defense of such claim or action. 10. INSURANCE: 10.1 Prior to installation or occupation of the Pipeline pursuant to this Agreement,Licensee will add Licensor to its existing Public Liability or Commercial Liability Insurance, or Licensee shall procure, and shall also maintain during continuance of this Lease, at its sole cost and expense, a policy of Public Liability or Commercial Liability Insurance, naming Licensee as insured and Licensor as additional insured,covering liability under this License. Coverage of not less than Three Million U.S.Dollars($3,000,000) Combined Single Limit per occurrence for bodily injury and property damage is recommended as a prudent minimum to protect Licensee's assumed obligations hereunder. If said policy does not automatically cover Licensee's contractual liability under this Lease, a specific endorsement adding such coverage shall be purchased by Licensee. If said policy is written on a"claims made"basis instead of an"occurrence" basis,Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. • 10.2 If said CGL policy is written on a"claim made"basis instead of a"per occurrence"basis, Licensee shall arrange for adequate time for reporting losses. If said CGL policy does not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation,a specific endorsement adding such coverage shall be purchased by Licensee. Failure to do.so shall be at Licensee's sole risk. 10.3 Securing such insurance shall not limit Licensee's liability hereunder,but shall be additional security therefor. 10.4 Licensor may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's demand shall be considered a default, subject to Article 13. 11. GRADE CROSSINGS,FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over tracks of Licensor, except at public road crossings, without separate prior written approval of Licensor. 11.2 If Licensor deems it advisable, during the progress of any construction, maintenance, repair,renewal, alteration, change or removal of said Pipeline,to place watchmen, flagmen, inspectors or supervisors for protection of property or operations of Licensor or others on Licensor's property at the Crossing,and to keep persons, equipment and materials away from Licensor's tracks,Licensor shall have the right to do so at the sole cost and expense of Licensee,but Licensor shall not be liable for failure to do so. • 5 IR Form 3537-A Revised October 1998 Agreement No.IR-22703 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and existing • labor agreements,Licensee may provide such flagmen,watchmen,inspectors or supervisors during all times of construction, at Licensee's sole risk, and expense; and in such event,Licensor shall not be liable for the failure or neglect of such watchmen, flagmen,inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any reasonable additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or pipe changes shall also be paid by Licensee. 12.2 Licensor's expense for wages and materials for any work performed at expense of Licensee, pursuant to any stipulation of this Agreement, shall be paid by Licensee within thirty(30)days after receipt of Licensor's bill therefor. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under"force account"rules, plus current applicable overhead percentages,the actual cost of materials,plus insurance,freight and handling charges on all materials used. Equipment rentals shall be in accordance with Licensor's applicable fixed rates. 12.4 All undisputed bills or portions of bills not paid within said thirty(30)days shall thereafter accrue interest at twelve percent(12%)per annum, unless limited by local law, and then at the highest rate so permitted. Unless Licensee shall have furnished detailed objections to such bills within thirty(30)days,bills shall be presumed undisputed. 13. DEFAULT,BREACH,WAIVER: • 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof and in the event Licensee fails or refuses to fully and completely perform any of said covenants or to remedy any breach within thirty(30)days after receiving a written notice from Licensor to do so(or within forty-eight(48)hours in the event of notice of a railroad emergency),Licensor shall have the option of immediately terminating this Agreement, and revoking the privileges and powers hereby conferred upon Licensee,regardless of license fees having been paid in advance for any annual or other period. Upon such termination,Licensee shall make removal in accordance with Article 14. 13.2 Any waiver by either party at any time of its rights as to any covenants or condition, or any subsequent breach thereof,unless such covenant or breach is permanently waived in writing by said party. 14. TERMINATION,REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease and end upon the date of(a) termination, (b)revocation, and/or(c)upon Licensee's removal of Pipeline from the Crossing. However,termination or revocation of this Agreement shall not affect any claims and liabilities which may have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied;neither party,however, waiving any third party defenses or actions. • 6 IR Form 3537-A Revised October 1998 Agreement No.IR-22703 • 14.2 Within thirty(30)days after termination or revocation,Licensee, at its sole risk and expense, shall(a)remove Pipeline from the property of Licensor,unless the parties hereto agree otherwise,(b)restore property of Licensor to its pre-existing condition in a manner reasonably satisfactory to Licensor, and(c)reimburse Licensor all reasonable loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: 15.1 Licensee shall give Licensor's at least five(5)days written notice before doing any work of any character hereunder on Licensor's property, except that in cases of emergency shorter notice may be given to said Licensor. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address first written above and to Licensor at the address first written above, or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail,Return Receipt Requested, or by courier, and shall be effective upon actual receipt,or date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privilege of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein. 16.2 Subject to Section 2.2 and 16.1,this Agreement shall be binding upon and inure to the • benefit of the parties hereto and their respective successors or assigns, or heirs, legal representatives and assigns, as the case may be. 16.3 Licensee shall give Licensor written notice of any legal succession(by merger, amalgamation, consolidation,reorganization, etc.)or other change of legal existence or status of Licensee,with a copy of all documents attesting to such change or legal succession,within thirty(30)days thereof. Any change of legal existence, including a name change, of Licensee will be acknowledged by the assignment of this Agreement or a new Agreement prepared to provide for the continuation of this license and permit. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part,to any grantee or vendee of Licensor's underlying property interests in the Crossing, upon notice thereof to Licensee. 16.5 In the event of any unauthorized sale,transfer, assignment, sublease or encumbrance of this Agreement, or any of the rights and privileges hereunder,Licensor, at its option, may revoke this Agreement at any time within six(6)months after such sale,transfer, etc.,by giving Licensee or any such assignee written notice of such revocation;and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said written consent. 16.6 In the event of sale or other conveyance by Licensor of its right-of-way, across,under or over, which the Crossings is constructed,Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific right-of-way, and to operate, maintain, repair,renew thereon and to remove therefrom the facilities of Licensee, subject to all other terms of this Agreement. • 7 IR Form 3537-A Revised October 1998 Agreement No. IR-22703 17. TITLE,LIENS,ENCUMBRANCES: 17.1 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's • property occupied by Licensee's Pipeline, nor shall the exercise of this Agreement for any length of time give rise to any right,title or interest in Licensee to said property other than the license herein created. 17.2 Nothing herein shall be deemed to act as any warranty,guarantee,or representation of the quality of title of the Rail right-of-way of corridor occupied or used under this Agreement. 17.3 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of Licensee's Pipeline. 17.4 Licensee shall not create or permit any mortgage,pledge, security, interest,lien or encumbrances, including without limitation,tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation,repair,maintenance or operation of Licensee's Pipeline in or on any portion of the Crossing collectively,"Liens or Encumbrances",to be established or remain against the Crossing or any portion thereof or any other Licensor property. 17.5 In the event that any property of Licensor becomes subject to such Liens or Encumbrances,Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances has been filed or docketed against the Crossing or any other property of Licensor;however,Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: • 18.1 This Agreement, and the attached specification, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof,nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 The form or any language of this Agreement shall not be interpreted or construed in favor of or against either party hereto as the drafter thereof 18.4 This Agreement is executed under current interpretation of any and all applicable Federal, State, County,Municipal or other local statute,ordinance or law. Each and every separate division(paragraph,clause, item,term, condition, covenant or agreement) hereof shall have independent and severable status from each other separate division for the determination of legality, so that if any separate division is determined to be void or such determination shall have no effect upon the validity of enforceability of each other separate division, or any other combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Pipeline is located. • 8 IR Form 3537-A Revised October 1998 Agreement No.IR-22703 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate(each of which shall constitute an original)as of the date and year first above written. Witness for Licensor: Illinois RailNet,Inc. By: Name: John A Pustinger Title: Director-Real Estate Witness for Licensee: City of Yorkville By: Who,by the execution hereof, affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Name: Title: • Tax Identification Number: • 9 b. IR 7455 Rev.3/1/01 APPLICATION FOR PIPELINE CROSSING UNDER/OVER PROPERTIES AND TRACK Application and plans must be approved and written authority received from the Railroad Company before construction is begun. Original and one copy of both application and drawing,along with a nonrefundable Application Fee in the amount of$750.00 is to be submitted to:Illinois • RailNet,Inc.;PMB 161, 11250-15 St.Augustine Road,Jacksonville,FL 32257-1147. 1. Reference/File Number: 2. Complete Legal Name of applicant: Lloitarl n ty cif Ynrkxr 1 1 P Company Contact Name: Toe Wywrot Title: City Engineer Telephone: ( 630 ) 553-4350 Fax:( 630 ) 553-7575 3. Address: 800 Game Farm Road City: Yorkville State: IL Zip: 60560 4. Type of business: Individual, Developer, X Municipality, Corporation, (State in which incorporated: ), Partnership, (type and state of Partnership ) 5. Location: 2429 feet Fast (direction)from Railroad Milepost 50 Valuation Station of Crossing if known: Val Map No. 6. Town: Yorkville County: Kendall State: IL 7. Angle of crossing: 87 & 89 Degrees 8. Temporary track support or riprapping required? Yes No X (Describe and Detail on Drawing) 9. Wires, poles, obstructions to be relocated? Yes No X (Describe and Detail on Drawing) 10. Product to be conveyed Water Flammable? Yes No X Temperature 50° 11. Max. Working Pressure 90 PSI. Field Test Pressure 150 PSI. Type Test Hydrostatic 12. Location of shut-off valves 360 feet south and 20 feet north of main line track 13. Number of manholes located on Railroad Right-of-Way: 0 14. PTPF SPFC'1FTCATTONS• CARR1FR PIPE- CASINCr PTPF• Material Ductile Iron Steel Material Specifications&Grade CL 52 AWWA C111 CR B Minimum Yield Strength of Material PSI 350 35,000 Inside Diameter 16.60 inches 30 inches Wall Thickness 0.40 inches 0.469 inches • Outside Diameter 17.40 inches 30.938 inches Type of Seam N/A N/A Kind of Joints Mechanical Welded Total Length Within Railroad Right-of-Way 0 0 Vents: Number 0 Size Height above ground Seals: Both ends X (casing) One end Bury:Base of rail to top of casing 7 feet, 6 inches, Bury(Not beneath tracks) 6 feet, 4 inches Bury: (Below ditches) 6 feet, 4 inches CATHODIC PROTECTION: Yes No X PROTECTIVE COATING: Yes No X Kind 15. Method of installation Bore and jack casing pipe 16. If application is a revision to an existing agreement, give agreement number and date: N/A 17. If this a supplement to a master(general) agreement,give agreement number and date: N/A 18. If Aegis member,work to be performed by: Contractor Company employees 19. Will pipe be located in limits of public road Right-of-Way? Yes X No . (If"yes", show name road number and width of Right-of-Way on print). DOT/AAR Crossing No. Proposal and construction must be in accordance with IR's Specifications,The American Railway Engineering Association,and any governing laws or regulations. Please note that although the specifications furnished in the Pipeline Application Package are to be used as a guideline only,IR reserves the right to approve or decline an application. • 9 l , /03 Date r tore&Title of Officer Application Please Type or Print: Julie A. Morrison Project Engineer ( 639 466-9350 IIII Name Title Telephone Number .....•11111111111111111111116/WA IR.Pal MI El MI 0 Cat ARIS:: voillill ■ Turn-iii Allan EMI ftnatiiiiiir C/1► /■■111 NNE ■ NMI /1M ■ al r-_1 ■1 1��. ii... scALE�� ' SOMONAUK� ellitillidX111/11�■ �I`I y ,,,, 11,11,,,■ �.■� RSi11, �1- ,1" -'� .■ ■ itill el/I/■ ■ 111111 � li jl �: aleitiall ■ ■I ■ \iiiitio �■ r.■ atant,apakiih � �o■�=moi:��Wil1 _1118 . �� 1111111 �� i. ill /41111)7114iiillaillifilitriaiiiiiiimilliwillitiiiiisTillni 0 :, ,,, , I//11� 1 ,� �X . RIVER . a. ,.rn ��IIIIII11111 ►�1AVE _II ntio 1 11911 L12 Illeg.:1 AV It il III =1141! 114111.1ftlffs v a ii:a loan ail IEIIalrori- -Ninanr -allawissiftia I ki1a$V4!t1!!NG Mg WNW* 1111.111 111"1 whi Mk I aw •■■ EMMON�� LOCATION ipin ' OF CROSSING • 84 ma 1.1111w illipmEg,..... li . ' ASHINGiON 57_E E "�AT - _ll •,■ 1111 '�'r.�111i1+ ► •,,' . .-: I; WASHINGTON r -_ m MI Mill 1374..." 1 I ?■ 1■■ Friired EEO ;`I.■ don, OIPH ST. .■ 1111 -- N . "paw i EinniMMI -Awl; N .:g■■N ■ u ,.�,il■ NIL4 gat g■ ' ■imM1 �� n � CHER •■ ■�r� 11 :l v !tiii■.�� •�k�i�■ liiiVi wato 11-_IMMO RINI& LINT OR. ` ijjr . ■„'I„'i,111 -■_ IL RAILNET COPYRIGHT©2003 ENGINEERING ENTERPRISES, INC. r. _., ' o-,..c.am�o-s,n Engineering Enterprises, Inc. LOCATION MAP TMOATE JAN. 2003 r ConsultingEngineers UNITED CITY OF YORKVILLE PROJ. NO. Y00110—A FlLE NO. Y00110—A10 52 Wheeler Road KENDALL COUNTY, ILLINOIS Sugar Grove, Illinois 60554 630/466-9350 „� EXISTING W WATER MAIN W PROPOSED WATER MAIN ) EXISTING STORM SEWER 30' 0' 30' 1674 FEET EAST OF MILEPOST 50 TO I POINT OF SWITCH, THEN 758 FEET Ir • SCALE FEET ALONG SOUTHEAST SPUR TRACK TO POINT OF CROSSING. 2429 FEET TO MILE POST 50 • � �== III ------W _:`gm _ CC: a I \-- --- -C ��- 3 I ■. J © III Y 25+00 M�� $� NM is OCC -* E - 1 il E I _ TNM Y .. I - 1 I v il / p26+ r.- }---F--- - 0 me = II !!� II!?6+7 .96 ___.:Th �� W :`.'s 360 FEET TO VALyE iii �a I 17- 4 _ _ �= III ra .. 87' .. W s ZLI I - — ... L 50' R.O.W. �� "� _ (�: L"�� 75' R.R. R.O.W. III c.OF RAILROAD TRACKS c.OF RAILROAD TRACKS TRACKS TRACKS \ � �— i.rt 1 I 25. 79' 15.12' 580 • T/CASING 575.96 _7f 16" DIP CL 52 98 FOOT 30" STEEL CASING PIPE 570 25+00 26+00 PROFII F PIPELINE AND CROSSING TO BE INSTALLED CARRIER CASING AND MAINTAINED IN ACCORDANCE WITH PIPE PIPE LATEST APPROVED AMERICAN RAILWAY CONTENTS TO BE HANDLED WATER ENGINEERING ASSOCIATION'S OUTSIDE DIAMETER 17.40" 50.938" "SPECIFICATIONS FOR PIPELINES FOR PIPE MATERIAL DUCTILE IRON STEEL CONVEYING FLAMMABLE AND s SPECIFICATIONS AND GRADE CL 52 AWWA C111 GRB NON-FLAMMABLE SUBSTANCES." o WALL THICKNESS 0.40" 0.469" 3 ACTUAL WORKING PRESSURE 70 PSI 0 PSI TYPE OF JOINT MECHANICAL WELDED COATING N/A N/A s METHOD OF INSTALLATION BORE AND JACK o VENTS: NUMBER 0 SIZE HGT. ABOVE GROUND YORKVILLE, ILLINOIS SEAL BOTH END�TCASING) ONE END a •BURY: BASE OF RAIL TO TOP OF CASING 7 �. 6 6NUNITED CITY OF YORKVILLE N. 2429' EAST OF RAILROAD MILEPOST 50 o BURY: (NOT BENEATH TRACKS) BURY: (ROADWAY DITCHES) 6 FT. 4 IN. = CATHODIC PROTECTION: N/A PX PIPELINE ONLY TYPE, SIZE AND SPACING OF INSULATORS OR SUPPORTS: CASCADE SPACERS EVERY 10' Ak. CITY OF YORKVILLE //pf is ' klyrdi WATER DEPARTMENT PARTMENT REPORT MONTH January 2003 WELLS , WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE NO. (FEET) ( FEET) PUMP (FEET) (MILLION GALLONS) 3 1335 453 183 10.212 4 1393 A51 _ 160 11.442 TOTAL 21.654 CURRENT MONTH'S PUMPAGE IS Q1LL n(If GALLONS E MORE THAN LAST MONTH ❑ LESS 222,000 GALLONS a MORE THAN THIS MONTH LAST YEAR LA LESS DAILY AVERAGE PUMPED: 6Q9,nnn GALLONS • DAILY MAXIMUM PUMPED: Rh1JIM GALLONS DAILY AVERAGE PER CAPITA USE: 117 GALLONS WATER TREATMENT CHLORINE FED: 250 LBS. CALCULATED CONCENTRATION: 1.4 MG/L FLUORIDE FED: 286 LBS. CALCULATED CONCENTRATION: 0.29 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 8 SAMPLES TAKEN 8 SATISFACTORY UNSATISFACTORY (EXPLAIN FLUORIDE : 2 SAMPLE(S) TAKEN CONCENTRATION : 1.03 MG/L MAINTENANCE NUMBER OF METERS REPLACED : 11 NUMBER OF LEAKS OR BREAKS REPAIRED : 3 NEW CUSTOMERS RESIDENTIAL 23 COMMERCIAL 1 INDUSTRIAL/GOVERNMENTAL 411 COMMENTS UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator -- From: Joe Wywrot, City Engineer Subject: Bruell Street Pump Station—D'esign Engineering Services Date: April 14, 2003 Attached find one copy of the proposed engineering agreement for the proposed Bruell Street Pump Station. This agreement, for a not-to-exceed amount of$294,000.00, is for design engineering and construction inspection services. It also includes soil borings, wetland delineations, and archaeological surveys. This project calls for construction of a new pump station at the south end of Bruell Street. That station will replace the existing Woodworth, Heartland, and Gawne Lane pump stations. The amount of the agreement falls within the estimated range in the preliminary engineering report that we received recently. We have had ongoing problems with the Woodworth and Gawne Lane stations, and the Woodworth station will need to have some significant repairs performed just to keep it in service until the Bruell station is operational. Therefore I recommend that we proceed with this engineering work as soon as possible. There are two easements that we need to obtain in order to build this project. We have reached a tentative agreement with Ken Griesmann regarding one easement, and have had discussions with Dale Woodworth about the other. Since both easements are crucial, I recommend that we obtain both easements as soon as possible. We should also agree on terms of the Woodworth easement before we issue-teller to proceed with the design engineering. Please place this item on t' -April 28, 2003 Public Works .mmittee agenda for review. Cc: Eric Dhuse, Director of Public Works ENGINEERING AGREEMENT FOR DESIGN SERVICES AND CONSTRUCTION GUIDANCE OF THE BRUELL STREET PUMP STATION AND ASSOCIATED FORCEMAIN AND GRAVITY SEWERS UNITED CITY OF YORKVILLE This Agreement is made and entered into this day of , 2003, by and between Walter E. Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue, Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now,therefore,the Owner and Engineer, in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The work, herein referred to as the "PROJECT", consists of consolidating two (2) existing pump stations commonly known as the Gawne Lane and Woodworth Pump Stations into one single pump station to be named the Bruell Street Pump Station. This pump station will serve areas proposed for development south of the Heartland Subdivision, as well as areas further to the east which are tributary to this sewer system and which are analyzed in a report from Walter E. Deuchler Associates, Inc. dated March 23, 2003. 1.2 The project consists of one 1.6 mgd duplex pump station, 3200 feet of 12-inch forcemain and 1400 feet of 8-inch and 1900 feet of 12-inch gravity sewer as delineated on the map attached as Exhibit A. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. 2.3 To sublet geotechnical, wetland delineation and archaeological survey work. -2- 2.4 To provide Design Services for the Project described in Section 1.2, as delineated on the attached Exhibit A and as summarized in the following: 2.4.1 Perform topographic surveys. 2.4.2 Delineate jurisdictional wetlands, if any. 2.4.3 Order title commitments, a maximum of five(5) parcels that may be impacted by the project. 2.4.4 Prepare Plans and Specifications of the proposed 8 inch and 12 inch gravity sewers and 12 inch forcemain, based on the alignment shown on Exhibit A. 2.4.5 Prepare Plans and Specifications of the proposed 1.6 mgd pump station. 2.4.6 Locate markers and monumentation of parcels and ROWs and prepare four(4)plats of easement and one (1) plat of survey, as needed upon easement negotiations and property acquisition by the Owner. 2.4.7 Assist the Owner in obtaining appropriate permits from the Illinois Department of Transportation and the Illinois EPA. 2.4.8 Upon authorization of advertisement for bids by the Owner,the Engineer will furnish ' Owner necessary copies of the Plans and Contract Documents and will endeavor to interest competent contractors in submitting bids on the work as advertised, and will advise with the Owner in the matter of letting contracts for work on the basis of bids received. 2.5 To furnish construction guidance for the Project. 2.5.1 Video taping the site prior to any construction activity. 2.5.2 Consultation on interpretation of plans and specifications and changes under consideration as construction proceeds. 2.5.3 Establishment of lines and grades for the work as construction progresses. 2.5.4 Checking all shop and working drawings. 2.5.5 Furnishing a Resident Project Representative (RPR) at the job site to provide continuous observation of the work. The duties, responsibilities and limitations of authority of the RPR are set forth in Exhibit B to this agreement. 2.5.6 Reviewing and checking all reports by testing laboratories on equipment and material tested, if provided by the Owner. 2.5.7 Reviewing and checking all payment estimates, change orders, records and reports required. 2.5.8 Preparing final pay estimates. 2.5.9 Preparing record drawings and supplying the City mylar record drawings after completion of construction. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, special design criteria, available plans of existing subdivisions,title searches for determination of existing right-of-way and property encumbrances. The Owner will negotiate easements and property acquisition with the property owners affected by the Project. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a not-to-exceed amount of $294,000.00 based on the Engineer's Fee Schedule attached, for the 2003 calendar year or the current schedule in effect after calendar year 2003. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, such as,but not limited to, assisting the Owner in negotiating easements and acquiring property, changing alignment of the interceptor due to failure in acquiring easements and others, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2003 Fee Schedule for the 2003 calendar year or the current schedule in effect after calendar year 2003. 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five (45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer harmless from and against any claims arising, other than from Engineer's negligence or wrongful -4- conduct, from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty (30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of termination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses(not to exceed a total of$1000.00),directly attributable to termination,both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured, with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend, indemnify,and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or -5- resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity oftheir obligations,duties and responsibilities including,but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed $100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. -6- 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by formal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee,gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or perfoiniance of this Agreement shall be made against the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. -7- 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for infounation and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold haluiless the Engineer from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the performance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage, injury, cost or expense, including attorney fees, arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2003. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor -8- Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn_Avenue Aurora, IL 60506 BY —.wawaOf • • e: Preside 1111-----------'."-"E - "� � 1 r I! - 4.-- /! ------------___J I 1 4MION.,,,- . amm 6 r, \ 1ui l I _ fit.• tAD,. Ljx • ST. • I APPLE TREE L OTTJRIA le"-.1T_ '� ,y, ' RTIN qVE r•e• ', 43 Q i v.P x ! � _ '�` ARIC S7. _ .1, \striapimpooar I w E A PARK ST. i 01 V ii L-- > P _ ,w C MI W ;'W (I 011K111MJK ST a 'NMI V: v: tag , ti y N SPRING ST 'iMI Mt r • cil V la vim- ii, ,� --A •• ROPOSED I2" FO Illa.cidotrry Crock . MAIN I I r'— - •� •6 V. N� F ly :-/ ' uqMENS S7. en r I , , ' '� NAIN S ' ( i1, ..........._ t %°Y8 y Lli II r) 11RIVFp"RD. �► ''•w• ' / E SIH • ili ,- O PRIVATE > o '-••-.,,,_. / ..,,iiic: '� PROPpSEp 2.. GSTATION �` •• a 00 La G' —� 5a°r o0 12 �, .is,• V/OODV/[IF17H �*-� Fox GAVNE SANE PROPOS pLIFT 592.00 LIFT �-.-1 '�`•. STATION REGIONAL 568.00 PUMP STATION - ; WALTER E . DEUCHLER ASSOCIATES, INC . REQ 03/05/03 oh, Az gK 6 - .d., fa,_ , EftNI$�T 0 DATE 01/29/03 DESIGNED VD DRAWN APPROVED PFM BOOK 000 u..i.^,-.+il •TOAKf`�i 4�L�.Y'I L.i:f Orbs dj sz ES" FOR PROFESSIONAL SERVICS5 Q3r�-3 ,L_(for use with No_ L9I0-1, A Lza.p..TG OF ac-�'p3li AD 1„.At'i.AflON,S OF AiJ'TmORI O r - i PROECT R 3- tTAAi Tris is an Exhibit attached to, ui a part of and incaror.--i by r e e ce � men made on 19 ,betwzrn (O ) aid providing for professional Leo se;cic`s. • ESTGi�+i ti s� ash a Resident Project Repres. ve (RPR), assist=s and other field ff to assist -Gil`t ob ee.ving perforce of-the wozii of Contactor. T u more eneszve on-site observations of the wow m progress and field checks of materials and e.ie meat by the RPR and assts,E`iv- :�s.h2.11 ende`vor to provide fu,".Ler protection for OWNER a. -,,si defects and deft encies in the woth of CONTRACTOR;but, the feu Shf J of such se:vices will not TrikP aiGLNE= - respo cle for or±v e `IC+\�.cc R ca lever ccns ction meat s,me-hods,te^..bniques,se e ces cr ced-res or for sz et i Lig.nntticcs o ipro i 4, or respor-s77 rilir for COi T A CT'OR's 1c�u ee to rerfotr. the Woa L•a a r cs wit~ the Contract Documents and m par cniarme spec.c limitations set forth in.pa a n 1.0'of Me Aupent are arrpli le_ The domes a-,c'reszonahairies of the RPR are limited to those of t- ;r,r r.in.ENGIN. w with the OWNER and ha the cos ncdcn Con .Dec aeras,and are farther Timer and des ed as fofows: R R.is Mi+iil~t r is agent'at the site, w-,i?act as c zct.e.4 by and under the supervision of ENGINEER, and will confer with ENGINEER re2nrz ing RPR's actions. Roc's r P^$r S5 in mar--s pertaining to the on-site worn �e-al be with CONTRACTOR OWN=advised as n vary.RPR's demi . with s-hc cmact rs 4;ad only be gone or-wits t;e keowiedge and s,,va of CON L-2.ACTO_ R S1-13 nnerally conimn ri� OWN='with the icaowiedze Of and under the direr ion of ENG - F- • 3_ Ds of R=�� I_ Serie s: Review the pros schedule, sche^a1e of Show Drawing su"'-L'G5 and schedule vine s. Ui:.1 armed by CONTRACTOR and consult conc rir`acre tL-uity. 2. Corge>encec od gee gs_Arend meet with COi i i C OR, such.as i recons chon. conferences, pros rose s,job conferences arsi other iujet-relatedm edugs, and-prepare and�T_?3= comes of rrn s thereof. 3_ Licsoic: _ a Serve as EN"GT r&'sraa�an�iih CCtN i± CTOR, wor rig throvzh COAL 3'OR's s eudent and assist in understa''d the i-1r"t of the Co.u.L act Do�-i'ro s;and asssi E G in serving as O N R's linTIon with COSI t±t4CTOR when CONTR.. 4CTOR's open. ens an=ent OWN- on-site operators_ b. Assist in ab*.7iri;L cn OWN=ariffdocal details or informn cn,when re's ed for proper et-sec-adorn on of the Work. 4. Shop Draw gs and SamaLes. • a. Record dnti" ofreceint of Shop Drawings-and steles_ . - b. Receive samples,which are Wished_at the s to by-CONTRACTOR,and nosy of ability of samples for exa;iaina*-on_ c. Advise ETG 'E 3-114 CONTRACTOR of the commencement of any ran nrk requiringa Shop Drawing or sample if the 42I has not been approved by ENG n-r&. 5. Review of -ork, Refec�ioit of Defer-Eve Work,Iiispec�ons and Tests: a. Corci'ct on-site observations of the Work in prcges to a sem; t aNIGfE. R deter' 's if the W°1-1:-- ' is in general pec- in accorz ce with the Contact Dccaaent.s. b. Rampart TGTi + whenever RPR believes t any Work is traz3-14factorY,i`pity or de�`Te oar does not conform to the Contact Documents, or`-?s b d^ zed, Cr does not meet the,-9 enaenis v=im cf any inrec on, test or approves reed to be mad; and advise E Gfl E of rrrorc that RPR believes should be corrected or rejec or:shouid be uncovered for observacn, or re-71fres sr testing,inspection or a.uyi Jva1_ " c. 1Ter y that tests,eq$prment and systems starsTs and crperat-=g and; z eenance. irrinaare conduce. ad - in the presence of apprapriate personnel.,and rfiat CONTRACTOR rain;ams adequate records thereof- and observe, I. d and report to . TG' +.b..C.Ii appropriate details relave to the test procedures and -Ts- d A orapany visi eco reprmentingpublic or other agencies having jmis&ctien over the Project, record the results of these inspections and report to ai TG 'c.. b_. Inrerpretcrion of Coi art Doc:.arenrs:Report to EN- - Y� .when ciarniations and ilrrerpntadOr6S of the Contract Docents are needed d transmit to CON ACTOR ciar c ons and' r,, "ens as iss-. i by GZi+BER 7. Ifo ort: Consider nae- evalrat- CONTRACTOR's s g,estions for mcdifra-ions iy Drawin or Spe ons and resort with RPR's-r commenc?a ons toEi'+G?NJ r, t Tri to CO N'l ACTOR decisions as issued by - ..S. Records: a_ Mair, at the job site orderly yes for corresponcence, retorts of job cc er recces, Shop Dr win and samoies,. ie koductions of orig*nni Contract Documents indrc4=rte all Work Directive Changes, - Adoeenda, Change Orders,Field Orders, additional Drags issued subse~nert to the e -anion of the Contract,F..i"\T-G+D'N�E.R's clarifcations and Mtel,.)ren 'ons of the Contract Documents,preys reports,. and other Project related document. b_ Keep a efiara cr log book,.recording CON laA.CTOR Boors on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or chased conditions,list of job site vZ o,;, away acuvi es, d .moons, obset—•7zibns iL feral, and specific observations in more detail as. M. the case of oose:vig test_ooc_"ftrres; and send copies toi l _ c_ Record r-nes, addresses and telephone numbers Of al. CON i 4_CTORS, subcor actors and , n=or of r-at=rim and moment 9. Reports: - a_ F h periodic t mer`` as recaLre.i of prop ess of the Wort and of CON i� U!OR's carr-*'i ice with the mo ss schedule and.schedule of Shop Drawing and sample subraiunls. Cons It GJ'ic ENG 'r'sa m advance CI scnediueo na or tests,I1Z�i..ec-i.ons or start of irrr�Crtont phases of the Work. c_ Dram ti.:posed Change Orders and Woth Thre the Changes, ob . back= material from CON- TRACTOR and,e or-rendto Orders,WarkDi,:.cnveCrnanges,andrie?dOrders. d_ Report immediatelyto �iGItii QTc dna Obi .r t noon the oc..uLl:.nce of any a deet_ 10. Fcyrzent Fes-aeras:Review applic--4rons for pa ent with CONTRACTOR.for co+r^_1iaz-ce with the estab- - procedure for their submission and fog ward with reccrr;mendalions to Rti not g part c- - ulasiy the relationship of the paymentr nested to the schedule of values,Work completed and materia(s • - and equipment delivered at the site but net incorporated in.the.Work. 11. CeriJcccaes,Mai?' cued Operzrion 31an:raIs:Dei,g the course of the Work,very teat es, maintenance and operation nranr215 and other &t-3 recti red tobe assembled and fur shed" by CON- .. TRACTOR are a�-olicabie to the items ac' ally installed and in acariance with the Contract Docuiizents, and have this_j-t0 to t delve.. toENGIN :Z.. for review and forw-arding to OWN prior to final payment for the Wo . L Cornpteon_ a.. Before�T G r ii.issues a Certificate of Subs-int.1 Canmietien, Submit to CONTRACTOR a list of observed items requiring c. wietion or borreraon_ b. Condi=fmni inspection in the comnany of r IG.Tir, c, OWNER,;;and CON' RAC i OR and previa.--e a final list of items tube coupleted or corrected. ; c. Observe twat all items on i list have been completed or corrected and make reconmen i2--ions to EVG� R cane;-+ins acceptance. ix C.. T of r-r Resident Proje t Re e tine_ I. Fong not antLorize any deviation f ra the Cint�..:ct Docuzneut. or substi on.of ra.=t 3s or ems- tee, in ess a,rbci j by ENGINEER. 2_ Snail not e.>c.ed Tinairaticns of Ei GPh 's anThuri y- as set ff,i LL in the A went or the Contra Docuu:eats_ . Sr � not una.ermke any cf the resronbilities of CON"1R.9.CTOR, sn±cciit actors or CONTRACTOR'S. 4_ Shall not advise on,issue.sire ons relative-to or assume coltL di over any aspen of the i ns,methods, t=hricues,. seq-u ces or procedures of cons=acticrn unless such advice or dir dons are sp m r a.—by the Const Dom+ _ 5. .ilf PR not advise on, issue aeons re :ding or as.ue =n-=o1 over s 1—pr.. rtions and urns rn L3 - =nnect-i=lith the WY or:Y 5. Snya Trot act Snco Drawing or sannl s-`br-F-rads s Li__ anyone other 11--,2-7 CCi�"1" SCI GR !. S act-17-71.I-:1i1ze.O{!!s4=too the Project in whole or in oat_ g_ S'n... =notar�irr-re in specialized field or Tabci ory tests or inspec-t.cns con ch+ b; atter e neat as s�e:'ifrca ly a cnz by E`ti-G_MT=R- • • 7 WALTER E. DEUCHLER ASSOC. INC. 2003 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 37.00-57.00 JR. TECHNICIAN 32.00-40.00 TECH NICIANJBRAFTSPERSON 55.00-75.00 CONSTRUCTION OBSERVER 55.00-75.00 SURVEY CREW (2 Members) 95.00-120.00 ENGINEER 62.00-72.00 PROJECT ENGINEER 72.00-95.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 90.00-122.00 12/16/2002 0 PAGE 1 • UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer Subject: City Hall Parking Lot—Resul of Bi Opening Date: April 22, 2003 Bids were received on April 22, 2003 for construction of a 26-stall employee parking lot at Yorkville City Hall. This project includes excavation, storm sewer, curbs& sidewalks, bituminous paving, lighting, signage, and landscaping. The following bids were received: S&K Excavating& Trucking, Inc. $82,899.66 7225 Caton Farm Road Yorkville, Illinois 60560 R. A. Ubert Construction $85,580.50 P.O. Box 160 Yorkville, Illinois 60560 American Asphalt Co. $89,003.37 1614 Coachman's Road • Darien, Illinois 60561 Greg Greenhill Construction Co. $91,341.20 5419 Hayden Lane Ringwood, Illinois 60072 Abbey Paving Co. $91,897.00 2319 Diehl Road Aurora, Illinois 60504 Johnson Blacktop, Inc. $94,943.87 825 Hicks Road Elburn, Illinois 60119 Alliance Contractors, Inc. $99,219.05 1166 Lake Avenue Woodstock, Illinois 60098 Engineer's Estimate $88,108.90 The low bidder, S&K Excavating, is a local contractor who does a lot of work in town. Last year they installed the storm sewer for our Fox Industrial Park project. Based on the results of the bids, I recommend that we award the contract for this project to S&K Excavating & Trucking, Inc. for the bid amount of$82,899.66. Please place this item on the Public Works Committee agenda of April 28, 2003 for review. • UNITED CITY OF YORKVILLE To: Tony Graff, City Administr for From: Joe Wywrot, City Engineer Subject: Countryside Interceptor—En' ' ee ' g Agreement Amendment Date: April 25, 2003 Attached find one copy of a proposed amendment to the existing engineering agreement with Walter E. Deuchler Associates regarding design of a section of sanitary sewer along the north side of Route 34 and west of Blackberry Creek. The amendment is for design engineering only, and is in the amount of$13,000. The Countryside Interceptor project consists of connecting to the Blackberry Interceptor on the west side of Blackberry Creek, crossing to the east side of the creek, and then extending northeast to Kendall Drive and Countryside Parkway. Since the agreement was approved we have had Deuchler perform some preliminary engineering for the Rob Roy Creek Interceptor, and they have recommended that a sewer be extended west along Route 34 from the Blackberry Interceptor as part of that project. Since the Countryside Interceptor project already involves construction activity near the creek, Deuchler proposes to build just enough of the Rob Roy project when we construct the Countryside Interceptor to get outside the • creek corridor. Doing this will eliminate the need to address environmental issues in this area when the rest of the Rob Roy Creek Interceptor is built. This proposal is for design engineering services only. When we build this new section of sewer we would need to another agreement with Deuchler for construction engineering services. Please place this item on the April 28, 2003 Public Works Committee agenda for consideration. 110 WALTER E. DEUCHLER ASSOCIATES INC. Consulting Engineers 230 WOODLAWN AVENUE • TELEPHONE (630) 897-4651 • FAX (630) 897-5696 • AURORA, ILLINOIS 60506 April 23, 2003 Mr. Joe Wywrot City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Amendment to the Engineering Agreement for the Countryside Interceptor W.E.D.A. Job #788-03014-00 Dear Joe: It is our understanding that the City wishes to engineer a portion of the Cannonball Trail Interceptor extension as part of the Countryside Interceptor Engineering Agreement approved by the City Council on January 28, 2003. The scope of work consist of providing design services only, as defined on Section 2.4 of said Engineering Agreement,from the Blackberry Creek west a distance of approximately 820 linear feet as delineated on the attached schematic. It shall include the order of three(3)title commitments and preparation of three(3)plats of easement. Those easements shall be negotiated by the City,once an alignment has been established and approved by the City. The Work, which will be performed in accordance with the Terms and Conditions of the said approved Engineering Agreement, shall be paid at the not to exceed amount of$13,000.00. Should this Amendment meet with the City's approval,please sign below as indicated and return one copy for our file. • Water Works and Sewerage • Buildings and Structures • Design and Construction • Streets and Street Lighting • Investigations and Reports • Project Financing Mr. Joe Wywrot City of Yorkville April 23, 2003 Page 2 We thank you again for the opportunity to be of service, and should you have any questions,please do not hesitate to call. Very truly yo rs, WALTER V. DEUCHLER ASSO I.TES, INC. Philipp F. Moreau, P.E. PFM/mw Encl. cc: Ralph Pfister, YBSD, w/Encl. Bill Dunn, WEDA, w/Encl. Approved this day of , 2003. 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' ''''--%,• ''i''' — .., ' x, ' ..,, '1,-"r ,_- ,‘„,Y• ',le., -A., • ...,,, k)4,`'. ' ' -• ' ' ,l'll'''''' YVN %,r4Y.'•440,k• t,', th'W*.1*.,( r- -„`"rx,1`,-• ,..-•'7...4e•••.. t. _ ,, . ert. • . • UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer Subject: Geographic Information Syste Engi ering Proposal Date: April 23, 2003 Attached find a copy of the proposal from Engineering Enterprises, Inc. to construct a basic GIS for the city. A Geographic Information System will help us to comply with GASB 34 and future IEPA Phase 2 Stormwater regulations, in maintaining our infrastructure, for planning purposes, and could also be expanded in the future to include items such as addressing and demographics. The proposal is in the amount of$74,090, and would create a GIS that would have watermain, sanitary sewer, storm sewer, and roadway data. We sent out Requests for Proposals to five consultants for this project. Of the four that responded, we short-listed two to present their qualifications before the Public Works Committee. EEI was selected after the committee discussed items such as experience, working relationship, availability of and accessibility to existing data, and scheduling. The proposal is divided into two components. The first component is creation of the draft • GIS from existing records, for which EEI would charge a flat fee of$54,290. The second component is to perform field surveys to collect data for which we don't have existing records, and to "clean" the data to correct inaccuracies. Since the effort required to perform this second task is unknown it would be charged at an hourly rate, with EEI estimating a cost of$19,800. We are hoping to perform some of the checking and field survey work in- house to reduce the cost of the project, but if we find that we don't have time to do that work we would ask EEI to do it. Please place this proposal on the '.• is Wor. _,: • •. -ErTgifdroTApril 28, 2003 for consideration. +sa g• a-:y .) • 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 SFAX:flit 630/466-9380 www.eeiweb.com Engineering Erntsrprisss. Inc. April 22, 2003 Mr. Joe Wywrot, P.E. United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re; Contract For Professional Engineering Services GIS Database Construction United City of Yorkville, Kendall Co., IL Joe: Before we present the requested information, we would like to take a moment to thank • the Public Works Committee and the City Staff for the vote of confidence in our firm. We are certainly proud of the fact that our proposed project approach and our experience on similar projects helps distinguish us as the most qualified firm for the United City of Yorkville. We are excited to have the chance to complete the subject work and look forward to continuing our partnership with the City. As requested, we have revised our project approach to include a more rigorous City Engineering and Public Works representatives quality assurance/quality assessment • review and/or "cleaning" of the digital data. In addition, we have modified the project schedule to include the City initial review, as well as, the field work that will be required. Based on our schedule, if the project is initiated in the middle of May 2003, we are projecting to provide an initial working copy of the GIS to the City in the middle of September 2003. After the City initial review, field data acquisition and integration, we are projecting the GIS to be complete at the end of March 2004. We feel we have provided an estimate for each task in an honest and appropriate manner. We are proposing to provide all of the work items that are required to build the GIS database based on the available existing information for a fixed fee amount of $54,290. While we are prepared to conduct the appropriate amount of field work to obtain the appropriate infrastructure information for which existing paper or digital copy is not available, it is uncertain, at this point, how much field work will be required. Therefore, we are proposing to provide the field work and data integration on an hourly IDbasis and have estimated the total cost to the City to be $19,800. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot April 22, 2003 Page 2 • If you have any further questions please do not hesitate to call. Respectfully Submitted, ENGINEERING ENTERPRISES, INC. .11-7(:}1j Jeffrey W. Freeman, P.E. Pro' t Manager Peter G. Wailers, P.E. Senior Vice President JWF/me Enclosures pc: Mayor Art Prochaska • Mr. Larry Kot—Alderman Mr. Tony Graff— City Administrator Mr. Eric Dhuse— Public Works Director JKM, DMT — EEI • \\EEINT\EEI-DOCS\PUBLIC\Yorkville12002\YO0218 GIS Database Generation\Contract\Icofyo0l.doc PAGE 1 OF 2 AGREEMENT FOR CONSULTING ENGINEERING SERVICES • FOR GEOGRAPHICAL INFORMATION SYSTEM (GIS) DATABASE CONSTRUCTION This Agreement, made this day of , 20 by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation of the State of Illinois (hereinafter referred to as the "City") and Engineering Enterprises, Inc. of 52 Wheeler Road, Sugar Grove, Illinois, 60554 (hereinafter referred to as the "Engineer"). In consideration of the mutual covenants and agreements contained in this Agreement, the City and the Engineer agree, covenant and bind themselves as follows: 1. Services: Engineer agrees to perform for the City the following Services as more fully described in Attachment A — Project Approach Flow Chart and Attachment A.1 — City of Yorkville GIS Database Requirements attached hereto and made a part hereof (hereinafter referred to as the "Services"). 2. Direction: The City Engineer or his written designee shall act as the City's representative with respect to the Services to be provided by the Engineer under this Agreement and shall transmit instructions and receive information with respect to the Consulting Engineering Services. • 3. Compensation: The City agrees to pay the Engineer for providing the Services set forth herein as referenced in Attachment A and Attachment B — Estimate of Level of Effort and Associated Cost as BASE CONTRACT based on a fixed fee amount of $54,290. The City agrees to pay the Engineer on an hourly rate as specified on the attached Standard Schedule of Charges and the Personnel, Positions and Classifications for the various classifications of employees performing the work as referenced in Attachments A and B as FIELD WORK. It is estimated that the total cost of the work items related to FIELD WORK will be approximately $19,800. Subject to the written approval of the City, the Engineer may sublet a portion of the Services. "Cost to the Engineer" shall be verified by furnishing copies of invoices from the party doing the work and any other documentation deemed appropriate by City. riate the Cit . 4. Term: The Engineer agrees to schedule the work items for the project in general conformance with Attachment C — Project Schedule. The term of this Agreement shall be through March 31, 2004. 5. Payment: Engineer shall invoice the City on a monthly basis for Services performed and any costs and expenses incurred during the previous thirty (30) day period. The City shall pay Engineer within thirty (30) days of receipt of said invoice. 6. Termination: This Agreement may be terminated upon fourteen (14) days written notice of either party. In the event of termination, the Engineer shall prepare a final invoice and be due compensation calculated as described in paragraph 3 for all costs incurred • through the date of termination. PAGE 2 OF 2 7. Documents: All related writings, notes, documents, information, files, etc., created, compiled, prepared and/or obtained by the Engineer on behalf of the City for the • Services provided herein shall be used solely for the intended project. 8. Notices: All notices given pursuant to this Agreement shall be sent Certified Mail, postage prepaid, to the parties at the following addresses: The City: The Engineer: City of Yorkville Engineering Enterprises, Inc. 800 Game Farm Road 52 Wheeler Road Yorkville, IL 60560 Sugar Grove, IL 60554 Attn: Joseph Wywrot Attn: Peter Wailers 9. Waiver: The failure of either party hereto, at any time, to insist upon performance or observation of any term, covenant, agreement or condition contained herein shall not in any manner be constructed as a waiver of any right to enforce any term, covenant, agreement or condition hereto contained. 10. Amendment: No purported oral amendment, change or alteration hereto shall be allowed. Any amendment hereto shall be in writing by the governing body of the City and signed by the Engineer. 11. Succession: This Agreement shall ensure to the benefit of the parties hereto, their • heirs, successors and assigns. IN WITNESS WHEREOF, we have hereunto signed our names the day and year first above written. UNITED CITY OF YORKVILLE: ENGINEERING ENTERPRISES, INC.: \ t "*- ' Mayor Senior Vice Pres! ent ATTEST: ATTEST: e City Clerk Proje t M ager • G:\PUBLIC\Yorkville\2002\Y00218 GIS Database Generation\Contract\agreement.doc REVISED 4/22/03 ATTACHMENT A: Project Approach Flow Chart • United Cityof Yorkville, Kendall County, IL Y Project Initiation Meetings • Discuss Project Goals and Scope of Study(EEI) ,• Discuss Project with United City of Yorkville. /Gather Data and Necessary Information From: • County • Consultants • United City of Yorkville J Conduct Progress Meeting.To Review Data Sets Clean.and Compile Digital:_Data Remove Erroneous Data Edit Unnecessary Data • Compile Yorkville Data j Build Geographic Database. Incorporate Municipat Requirements',';-._ • Streamline Databases • Obtain • -orkville Infrastructure Information and incorporate Bwld Working,GIS,System; ,� ��z ;`�, Validate Numb`ers(C`alculati©ns Compare to H.stoncal Data Initial City Training '� E Provide I itlal System lnstruot[bt, f6;4111;fli Provide Database M.en,a'gernrif:tpstrqpti-orr . Initial City QA/QC • City Staff Review of Initial Data • City Staff Validation of Existing Infrastructure Based On Historical Observations •• FIELD WORK ••• ••• Develop Field Work List and Strategy • • • . Perform Field Work&Incorporate Data \ �•• Insert GASB 34 Information • GPS Desired Utilities •• • Incorporate GASB34 Standards. • Field Verify Desired Utilities • as Necessary and Required • input Information - :• • Review with City as needed • I I • I • f• / Set-Up and Integration • Prepare Initial Reports • Provide Instruction • Provide Database Maintenance BASE CONTRACT • ATTACHMENT A.1 1/31/03 • DRAFT City of Yorkville GIS Database Requirements GIS to use AutoCAD Map software. We need to establish ID numbers to comply with GASB 34, and the software will do that for us, but we may want to use different ID numbers such as those already established by Deuchler for the sanitary system. • W atermain Attribute data attached to pipe segments only, with the fields listed below, Hydrants and valves to be shown, but no attribute data attached to them at this time. • Year • Project Name • Location (Street Name) • ID Number • Diameter • Length • Pipe material • Polyethylene Encasement (Y/N) • • Remarks Sanitary Sewer • L, Attribute data attached to pipe segments and manholes, with the fields listed below. No. information on sanitary service locations at this time. Sewer data: • Year • Project Name • Location (Street Name) • ID Number • Diameter • Length • Pipe material • Remarks Manhole data: • Year • Project Name • Location(Street Name) • ID Number • Internal Diameter _ • Material (precast, block, etc.) • • Rim elevation • Deepest pipe invert elevation • Remarks rr Storm Sewer • Attribute data attached to pipe segments and manholes, with the fields listed below. No information on storm service locations at this time. Sewer data: { • Year • Project Name • Location (Street Name or Easement) • ID Number • Diameter • Length • Pipe material • Remarks Manhole data: • Year • Project Name • Location (Street Name or Easement) • ID Number • Structure Type (Manhole, Catch Basin, Inlet) • Frame Type (T1CL, T1OL, Beehive, etc.) • Internal Diameter 411 • Material (precast, block, etc.) • Rim elevation • Deepest pipe invert elevation • • Remarks Roadways Attribute data attached to roadway centerline. • Street name • Termini (cross street or dead-end) • Total number of lanes • Maintaining Agency • Year • Project Name • ID Number • Pavement width (E-E) • Curb (Y/N) • Pavement Type (Bituminous, Concrete, Seal Coat, Gravel) • Pavement Structure (Bit/Conc thickness & Stone thickness) • Sidewalk (none, intermittent, one side, both sides) • Streetlights (Y/N) •. Remarks r ATTACHMENT B ENGINEERING ENTERPRISES, INC. ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST DATE: 4/22/03 CONSULTING ENGINEERS CONSULTING ENGINEERING SERVICES EST. BY: JWF SUGAR GROVE, IL. !PROJECT: UNITED CITY OF YORKVILLE GIS DATABASE CONSTRUCTION I - 1 •a gs i-..`7,P ,14 - FIENLICD FIELD TASK COSST1GStu SENIOR ';.:.':,..'',,,2.. , ', SIN TECHNICIAN , HOUR PER TASK ''MANAGER ;SPECIAIST ;, TECHNICAN ,Y MMIANAGER _!GPS) (NON-GPS) _ SUMMARY TASK BASE CONTRACT Meetings/General 20 20 20 10 70 $6,060 Data Gathering/Collection 30 20 50 $3,840 Coordinate Data Sets 80 40 120 $9,360 Cleaning of Miscellaneous Data 40 60 100 $7,320 Build Geographic Database 60 20 80 $6,360 Build Working GIS 6 40 20 66 $5,292 Initial City Training 6 20 4 . 4 34 $2,964 Initial City QA/QC 10 12 4 4 30 $2,700 Develop GASB 34 Standards 10 40 50 $4,380 Misc. Correspondence 5 5 2 12 $1,134 Setup and Integration . 2 40 8 50 $4,380 SUBTOTAL: 59 387 188 28 0 0 662 $53,790 FIELD WORK Collection of Field Data 120 120 240 $14,760 Incorporate Field Data Into Database 60 60 $5,040 SUBTOTAL: 0 60 0 0 120 120 300 $19,800 • MAN-HOUR SUBTOTAL: 59 447 188 28 120 1201 962 $73,590 �� ESTIMATE OF QIRECT GOSTS FEE- SCHEDULE AS OF 01/01/03 �-,, .. � _ _; SENIOR PROJECT MANAGER $111 SUPPLIES&MISC $500 PROJECT MANAGER 59 @ $102 $6,018 SOFTWARE IT MANAGER 28 @ $102 $2,856 TOTAL DIRECT EXPENSE ESTIMATE $500 GIS SPECIALIST 447 @ $84 $37,548 ENGINEER/SURVEYOR 120 @ $66 $7,920 ASSOCIATE ENGINEER/SURVEYOR $57 SENIOR PROJECT TECHNICIAN $84 PROJECT TECHNICIAN $75 (TOTAL LABOR EXPENSE ESTIMATE $73,590 SENIOR TECHNICIAN 188 @ $66 $12,408 TECHNICIAN 120 @ $57 $6,840 ASSOCIATE TECHNICIAN $48 - SECRETARY $57 TOTAL: $73,590 TOTAL ESTIMATED ENGINEERING COST $74,090 G1PUBLIC\Yorkville\2002\Y00218 GIS Database Generation\Contract\[Fees.xlsjFinal III III III • • • ATTACHMENT C: PROJECT SCHEDULE REVISED4/22/03 GIS DATABASE CONSTRUCTION United City of Yorkville,Kendall Co., IL 2003 2004 Work Item APRIL MAY JUNE JULY AUG SEP OCT NOV DEC JAN FEB MAR 50 Pro ect Initiation Meeting 100 Pro ect Initiation Meetin• W/Cit of Yorkville 150 Data Gathering/Collection 200 Coordinate Various GIS Data Sets f 250 Clean and Com.ile Digital Information 300 Build Geographic Database 350 Build Working GIS 400 Initial Cit Trainin. 1 450 Initial Cit QA/QC 500 Field Work and Incor.orate Data I ' 550 Develo. and Incor.orate GASB 34 Standards ..9 600 Setu. and Inte.ration G\PUBLIC\Vorkville12002\YO0218 GIS Database Generation\CONtachischedule.sts)Conlract Schedule LEGEND EEI WORK ITEM UNITED CITY OF YORKVILLE WORK ITEM '41/ I PROGRESS MEETING Enptneering Enterprises. ino- 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380• STANDARD SCHEDULE OF CHARGES www.eeiweb.com January 1 , 2003 Englnaaring Entarprisas. Inc_ EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $120.00 Senior Project Manager E-2 $111.00 Project Manager E-1 $102.00 Senior Project Engineer/Surveyor P-5 $ 93.00 Project Engineer/Surveyor P-4 $ 84.00 Senior Engineer/Surveyor P-3 $ 75.00 Engineer/Surveyor P-2 $ 66.00 Associate Engineer/Surveyor P-1 $ 57.00 • Senior Project Technician T-5 $ 84.00 Project Technician T-4 $ 75.00 Senior Technician T-3 $ 66.00 Technician T-2 $ 57.00 Associate Technician T-1 $ 48.00 Secretary A-3 $ 57.00 VEHICLES, EQUIPMENT AND REPROGRAPHICS Vehicle for Construction Observation VEH $ 10.00 Global Positioning System Equipment GPS $ 25.00 Scanning ($1.50 per Sheet) SCA N/A Reproduction ($1.50 per Sheet) REP N/A • G:\EEI\DOCS\FORMS\GENERAL\STADS0103.DOC ConsultingEngineers Specializing in Civil Engineering and Land Surveying 9 P 9 9 9 Y 9 L • Personnel, Positions & Classifications • James K.Michels,P.E. E-3 Brian R.Valleskey P-4 President GIS Specialist Peter G.Wailers,P.E. E-3 Jason M.Bauer,E.I. P-4 Senior Vice President Project Engineer David R.Burroughs,P.E. E-3 Timothy V.Weidner,E.I. P-4 Vice President Project Engineer Ronald G.Naylor,P.E. E-2 Michele L Daly,E.I. P-4 Senior Project Manager Project Engineer John T.Whitehouse,P.E.,P.LS. E-2 Gregory A.Chambers T-5 Senior Project Manager Senior Project Technician(Field) Bradley P.Sanderson,P.E. E-1 Steven Gozner,III T-5 Project Manager Senior Project Technician(CAD) Jeffrey W.Freeman,P.E. E-1 David S.Stewart T-5 Project Manager Senior Project Technician(Field) Scott A.Swanson E-1 William C.Pierson T-4 Computer Aided Drafting& .. Project Technician(CAD) Information Systems Manager C.Larry Nolan T-4 Timothy P.Farrell,P.E. P-5 Project Technician(CAD) Senior Project Engineer/Environmental Kristopher K.Pung T-4 George R.Burgess,P.LS. P-5 Project Technician(CAD) Senior Project Surveyor Daniel R.Breisch T-4 Jeremey T.Lay,E.I. P-5 Senior Technician(CAD) Senior Project Engineer/Environmental Ryan M.Christoffel T-3 • Timothy N.Paulson,P.E. P-5 Senior Technician(Field) Senior Project Engineer Joshua M.Boatman T-3 Kevin S.Bomstad,P.E. P-5 Senior Technician(Field) Senior Project Engineer - Thomas A.Ness T-3 Andrew R.Deitchman,P.E. P-5 Senior Technician(Field) Senior Project Engineer/Environmental Denise M.Migliorini A-3 Jason P.Nemeth,P.E. P-5 Administrative Assistant Senior Project Engineer Denise M.Thelander A-3 Mark G.Scheller,S.I. P-4 Accounting Assistant Project Surveyor Angela R.Ford A-3 Christopher E.Peterson,S.I. P-4 Secretary Project Surveyor Dawn M.Goodbred A-3 Jed R. Davis,E.I. P-4 Secretary Project Engineer Nicole A.Morris A-3 Julie A.Morrison,E.I. P-4 Accounting Assistant Project Engineer Bobbi M.Erdmann A-3 Yifang Lu, E.I. P-4 Marketing Director Project Engineer Angela D.McCoy A-3 Darrin P.Schertz P-4 Accounting Assistant Project Engineer East Dundee,Illinois David A. Kamano,E.I. P-4 . Project Engineer Mark C.Weber,P.L.S. P-5 Senior Project Surveyor LEGEND: Robert C.Watts T-5 P.E.=Professional Engineer Senior Project Technician(Field) • P.L.S.=Professional Land Surveyor E.I.=Engineer InternTravis A Carroll T-3 S.I.=Surveyor Intern Senior Technician(Field) E=Executive P=Professional T=Technical Stacy L Nilsen A-3 A=Administrative Office Manager :-J, , 4/18/03 UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer Subject: Sunflower Estates Unit 2—Bo d Red ction No.1 Date: April 22, 2003 Attached find a request from CEMCON to reduce the bond amount for the referenced development. I have reviewed the request and recommend a reduction in the amount of $932,751.81. This reduction is based on substantial completion of the underground utilities, pavement (except final lift items), and some of the sidewalks and parkway trees. The new bond amount would be $226,056.17. Please place this item on the Pub c Works Committee a.- e a of April 28, 2003 for consideration. a • Cc: Dave Marra, CEMCON, Ltd. • Ken Jernberg, Inland Real Estate Development Corp. • • • 22-Apr-03 Letter of Credit/Bond Reduction Subdivision: Sunflower Estates- Unit 2 Reduction No. 1 LOC/Bond Approved Original Substantially complete Amount to remain Item Eng. Est. Letter of Credit prior to Red. No.1 Reduction No.1 after Red. No. 1 Earthwork $253,162.05 $278,478.26 $253,478.26 $240,804.35 $37,673.91 Sanitary Sewer $104,517.50 $114,969.25 $104,517.50 $99,291.63 $15,677.63 Watermain $176,697.00 $194,366.70 $176,697.00 $167,862.15 $26,504.55 Storm Sewer $169,776.50 $186,754.15 $169,776.50 $161,287.68 $25,466.48 Pavement $302,340.00 $332,574.00 $230,406.00 $218,885.70 $113,688.30 Street Lighting $30,800.00 $33,880.00 $30,800.00 $29,260.00 $4,620.00 Erosion Control $16,168.75 $17,785.63 $16,168.75 $15,360.31 $2,425.31 Miscellaneous $23,200.00 $25,520.00 $10,000.00 $9,500.00 $16,020.00 Totals $1,076,661.80 $1,184,327.98 $981,844.01 $932,751.81 $226,056.17 Notes: 1) LOC/Bond amt. to be 15% of subsantially completed items plus 110% of uncompleted items. 1 UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer . 1. _ `� ... ` � `• Subject: Yorkville Road Program—A rtional'Eigineering Services Date: April 28, 2003 Attached find a supplemental engineering agreement with Smith Engineering to add three streets to the original list of thirteen streets. These streets are E. Main(Bridge- Bruell), W. Center (Bridge -west of West), and W. Orange (Bridge—Main). Smith would perform preliminary engineering similar to the other thirteen roads, which would include pavement cores, evaluation of existing conditions, recommendations regarding drainage, watermain, and roadway work, and preparation of a cost estimate. The agreement is for an amount not to exceed $8433. Please place this item on the blit W orks Committee a a of April 28, 2003 as additional business. cy(2i)27 APR. 10 '2003 12:09 630 653 0652 CEMCON LTD #2555 2. 001/005 CEMCON, Ltd. + Consulting Engineers, Land Surveyors & Planners 2280 White Oak Circle, Suite 190, Aurora, IL 60504-9675 limommommismiliMMi FAXOato: April 10,2003 Re: Sunflower Estates-LOC Job No.: 588,008 Number of pages Including cover sheet: 5 To: Tho United City of Yorkville From: David F. Marra, P.E. Attention: Joseph A.Wywrot • Phone: 630-553-4350 Phone: 630-862-2100 Fax No,: 530-553-7575 Fax No.: 630-862-2199 cc: REMARKS: ❑ Urgent ® For your review ❑ Reply ASAP ❑ Please comment Letter of Credit #158-160 • Sunflower Estates'Phase 2 - Reduction Request 1 b Engineers Esiimale Completed Quantity Remaining Quantity Unit Quantity Unit Price Total Quantity Total Quanlity Total o I. EARTHWORK IMPROVEMENTS(Phases 2 & 3) o I Earth Etcavaiion Topsoil-Detention to Stockple C.Y. 6,880 1.15 7,912-00 6,880 7,912.00 0 •' 2 Earth Excavation Topsoil - R.O.W. to Stockpile 000 •• P C.Y 13,455 i l5 • 15,473.25 13.455 15,473.25 0 0.00o 3 Earth Excavation Topsoil-Lots to Unclassified Fits C.Y. 40,890 1.15 47,023.50 40,890 47,023.50 4 Topsoil Respread - Slormwaler Management Facilities C.V. 0 0.00 G. 2,340 2.50 5,850.00 2,340 5,850.00 O 0.00 0 5 Earth Excavation Clay-R.O.W. to Fit Areas G.Y. 7,080 1-90 13,452-00 7,080 13,452.00 0 6 Earth Excavation ClayDetention to Fn Areas 0.00 a. ' C_Y. 59,520 1.90 113,088.00 59,520 113,088 00 0 0.00 "' 7 Earth Excavation Clay-Lois to Fill Areas C.Y. 26,507 1.90 60,363.30 26,507 50,363 30 • 0 0.00 0 Sub-Total Earthwork Improvements 253,162.05 253,162.05 37,974.31 II. SANITARY SEWER IMPROVEMENTS 1 San. Sewer Services,6"PVC SDR 26 -(Complete) LF. 2,438 11.00 28,818.00 2,438 26,818.00 0 0.0D 2 Sanitary Sewer,8'PVC SDR 28,8'-12'Deep L.F.LF2,013 14-00 28,182.00 2,013 28,182.00 0 0.00 ro 3 Sanitary Sewer,8'PVC SUR 26, 12'-15'Deep L.F. 595 18.50 • 9,817.50 595 9,817.50 0 0.00 0 4 Sanitary M.H.,Ty. A 5'Dia. w/Ty.1 Fr. & S S. Lid,8'-12'Oeepo EA 1 1 1,200.00 13,200.00 11 13,200.00 0 0.00 Z S Sanitary M.R.Ty. A 5'Oia. w7Ty.1 Ft. h S.S. Lid, 12'-16'Deep EA 1 1,550.00 1,550.00 1 1,550.00 r 6 Tee and Riser Connection 0 0.00 ,� EA 4 200.00 800.00 4 800.00 0 0.00 ci 7 Trench Backfill C.Y. 1,610 15.00 24,150.00 1,610 24,150.00 O 0.00 Sub-Total Sanitary Sewer Improvements 104,517.50 104,517.50 15,677.63 III. WATERMAIN IMPROVEMENTS • • A. ON-SITE IMPROVEMENTS . • Water Services, 1"Ty.K,w/B-Box Long(complete) EA 23 500.00 11,500 00 • 23 11,500.00 0 0.00 2 Water Services, I"Ty. K,w/B-Box Short(complete) EA 24 250.00 6,000.00 24 6,000.00 0 0.00 3 8'OIWM Cl. 52 yr/Polyethylene Wrap 1.F. 1,793 14-00 25,102.00 1,793 25,102.00 0 0.00 , 4 12-DIWM CI 52 w/Polyethylene Wrap LF. 1,34-4 21.00 28,22400 1,344 28,22400 5 8"Valve in Box . . 0 0.00 EA 3 800.00 2,400.00 3 2,400.00 0 0-00 r' 6 12"Valve in Vault • EA - 5 1,900.00 - 9,500.00 5 9,500.00 7 Hydrant w/Aux. Valve 8 Box0 0.00 EA 10 1,500.00 15,000.00 10 15,000-00 0 000 8 8"Water Tight Plug w/Blocking EA 2 150.00 ' • 300.00 2 300.00 O 0.00 -o 9 Trench Bacadill Cy. 1,200 15.00 18,000.00 1,200 18,000.00 0 0-00 0 0 10 12'X 12'Tee . EA 2 350.00 700.00 2 700.00 0 0.00 0 CD Sub-Total On Site Improvements 116,726.00 116,726.00 17,508 90 U, Mote_II remaining quantity is'zero,tetter of credit value can arty be reduced to 15%of original amount until final acceptance of improvernents Letter of Credit #150-160 y, Sunflower Estates Phase 2 - Reduction Request 1 73 Engineers Estimate Completed Quantity Remaining Quantity - Unit Quantity Unit Price Total Quantity Total Quantity Total C 0 ' u HI. WATERMAIN IMPROVEMENTS Con'' .- N B.OFF-SITE IMPROVEMENTS o) 1 12'OIWM Cl. 52 w/Polyethylene Wrap LF. 1,901 21.00 39,921.00 ' 1,901 39,921 00 0 000 of 2 12'Valve in Vault EA 2 1,900.00 3,800.00 2 3,800 00 0 0 00 0 3 12"Valve in Vault w/Pressure Connection EA 1 3,500.00 3,500.00 1 3,500.00 0 0.00 0) 4 Hydrant w/Aux Valve&Box EA 7 1,500.00 10,500.00 7 10,500.00 0 0.00 W 5 Trench Bac dill C.Y. 150 15.00, 2,250.00 150 2.250.00 0 0.00 o o, o) Sub-Total Ott-Site•Improvements 59,971.00 59,971.00 8,995_65 N Total Wetermeln Improvements 176,697.00 176,697-00 26,504.55 IV. STORM SEWER IMPROVEMENTS Q rn 3 1 Storm Sewer, 6'PVC SDR 35 LF. 1,041 7.00 7,287.00 1,041 7.287.00 0 0.00 a 2 Storm Sewer. 12"RCP,Ty.1 L.F. 1,376 14.00 19,264.00 1,376 19,264 00 0 0 00 Z 3 Storm Sewer, 12-ADS N-12 H O.P.E. L F. 1,240 13.00 16,120.00 1,240 16,120 00 0 0.00 • a 4 Storm Sewer, 15'ADS N-12 H.O.P E. • L F. 475 14-50 6,887.50 475 8,887.50 O 0.00 a -- -5 Storm Sewer, 1a-ADS N-12 H:0.P:E. LP-. 178 17.00 3,028.00 178 3.026 00 0 0:00 6 Storm Sewer,21'ADS N-12 H_O.P.E. L.F. 528 19.50 10,296.00 528 10,25600 0 0.00 7 Storm Sewer,24"RCP,Ty.1 L.F. 100 24.00 2,400.00 100 2,400.00 0 0.00 8 Storm Sewer,24'ADS N-12 H.D P.E. L.F. 488 21.00 10,248.00 488 10,248.00 0 0.00 9 Storm Sewer,27"RCP, Ty. 1 L.F. 100 27.00 2,700.00 100 2.700.00 0 0.00 10 Storm Sewer,30"RCP, Ty.1 L.F. 304 30.00 9,120.00 304 9,120.00 0 0.00 11 Storm Server,30"ADS N-12 H.D.P.E. L.F. 662 29.00 19,198.00 662 19,198.00 0 0.00 12 Inlet Ty. A,2'Dia w/ly_ 8 Gr. EA 4 325.00 1,300 00 4 1,300.00 . 0 0.00 13 Inlet Ty. A 2'Dia .w/R3286-OV Fr. &.Gr. EA. 5 450.00 2,250.00 5 2,250.00 0 0.00 14 Inlet Ty. A 2'Dia w/R3286 Fr. &Gr. EA- 4 450.00 . 1,800.00 4 1,000.00 0 0.00 15 Inlet Ty 8 3'Dia w/Ty. 8 Gr. EA. • 5 475 00 2,375.00 5 2,375 00 0 0.00 16 Inlet Ty 8 3'Dia w/R-3286 Fr. &Gr. EA. 1 530.00 530.00 1 530 00 0 0.00 ,F 17 Catch Basin,Ty. C 2'Dia vJ/R3288-8V Fr. &Gr. EA. 3 525.00 1,575.00 3 1,575.00 O 0.00 ro 18 Catch Basin,Ty. C 2'Dia.w/R-3286 Fr. &Gr. EA: 5 525.00 2,625.00 5 2,625.00 0 0.00 19 Catch Basin,Ty. 0 3'Oia.w/R-3286-8V Fr &Gr EA. 1 750.00 750 00 I 750.00 0 0.00 -0 20 Catch Basin, Ty. A 5'Dia. wiry. 1 Fr &O.L. EA. - I 1,100.00 1,100.00 1 1,100.00 0 0.00 0 21 Storm M.H.,Ty.A 5'Dia_wiry. 1 Fr iS C.L. EA 3 1,100.00 8,800.00 8 8,800.00 0 0.00 0 22 Storm M.H.,Ty. A 5'Dia.way. 1 Fr. &C.L.and Restrictor EA. 2 1,500.00 3,000.00 2 3,000.00 0 0.00 0 23 Storm M.H.,Ty A 5'Dia wily 8 Or. EA. 8 950 00 7,600.00 8 7,600.00 O 0.00 24 Storm M H_, Ty. A 5'Dia wiry. 1 Ft. &0.1_ LA .10 .1,100.00 1 1,000.00 10 11,000.00 ' 0 0.00 25 Cleanout Structure Ty. A,2'Dia- EA. 9 450 00 4,050.00 9 • 4,050.00 0 0.00 Note II remaining quantity is 1610,letter of credit value can only be reduced to 15%of original amount until Iinal acceptance of improvements Letter of Credit /4158-160 Sunflower Estates Phase 2 -.Reduction Request 1x, Engineers Estimate Completed Quantity Remaining Quantity Unci Quantity Unit Puce Total Quantity Total Quantity Total o 0 IV. STORM SEWER IMPROVEMENTS CONT rV o 26 Flared End Section, 12"PRC w/Grate EA. 1 500.00 500.00 I 500.00 0 0.00 27 Flared End Section, 15"PRO w/Grate EA_ I 550.00 550.00 1 550.00 0 0 00 a, 28 Flared End Section, 18"PRO WI Grate • EA. 3 600.00 1,800.00 3 1,800 00 0 0.00 0 29 Flared End Section, 21"PRC w/Grate EA. I 675.00 675.00 1 675.00 0 0.00 0, 30 Flared End Section, 24"PRC w/Grate EA. 1 750.00 750.00 1 750.00 0 0.00 W 31 Flared End Section,30' PRC iv/Grate EA. 2 900.00 1,800:00 2 1,800.00 O 0.00 0 32 WatermanProtection L.S. 1 1,500.00 1,500.00 I 1,500.00 0 0.00 u; 33 Trench Backbit C.Y. 460 15.00 6,900.00 460 6,900.00 0 0.00 l',1 Sub-Total Storm Sewer Improvements 169,776.50 169,776.50 25.466.4.6 V. PAVEMENT IMPROVEMENTS c-i Pr 1 Fine Grading(►.o back of curb) • S.Y. 13,817 0.50 6,908.50 13,817 5,908.50 0 0.00 0 2 Agg. Base Course,Ty. B(CA-6)- 10" . S_Y_ 8,254 6.00 49,524.00 8,254 49,524.00 0 0-00 z 3 Agg. Base Course, Ty. 8(CA-6)- 12" S.Y. 3,261 7.00 22,967.00 3,281 22,967.00 0 0.00 t- H 4 Bit. Concrete Binder Course,2.5"CI 1 TON 1,187 27.00 32,049.00 1,187 32,049.00 0 0.00c7 5 8i1 Concrete Bindet'Couise,4-5"CI.1 TON "849 27.00 22,923.00 . -849 22;923.00--- -0 - -0 00 .. 6 Bit Concrete Surface Course, 1.5"C1.1 TON 995 30.00 29,850.00 0 0.00 995 29,850.00 7 Bit. Material. Prime Coal ® .3 Gal/5 Y. Gal. 3,462 , 1.00 3,462.00 3,452 3,462.00 O 0.00/ 8 Bit Material Tack Coat .I Gal/S.Y. Gal 1,154 1.00 1,154.00 1,154 041444,90 11s4.8 ,ee9etVS4L 9 Comb. Conc. Curb 8 Gutter-B-6.12 LF_ 7,467 7.00 52,269.00 7,487 52,269.00 0 0.00 11 Backfill Curb LF_ 7,467 0.50 3,733.50 7,467 3,733.50 0 0.00 12 Sidewalk S.F. 31.000 2.50 77,50000 14,6287 36,570.00 16,37240,928.00'' Ct3D Sub-Total Pavement Improvements 302,340.00 J.3.1750-1'.00 7.0?1713130 ' tk 1.3J yore- kt 1l ll lkt,4Z VI. STREET LIGHTING IMPROVEMENTS . rJ I Street tight,Complete w/Wiring Runs Ea. 14 2,200.00 30,800.00 14 30,800.00 0 0 00 American Concrete Co_ pole 906 819-A04 W/ G.E.C728N609 Luminaire 0 0 Sub-Total Street Lighting Improvements 30,800.00 30,800.00 4,620.00 0 0 Note-If remaining quantity is zero,letter of credit value can only be reduced to 15'4 of original amount until final acceptance of improvements Letter of Credit 11158-160 Sunflower Estates Phase 2- Reduction Request 1 O Engineers Estimate Completed Quantity Remaining Quantity - Unit Quantity Unit Price Total Quantify Total Quantity Total o 0 VII. EROSION CONTROL IMPROVEMENTS N 1 Straw Bale Sediment Trap w/Mainlenance Ea. 25 75.00 1,875.00 25 1,875 00 0 0.00 2 Sill Fence w/Maintenance L.F. 4,015 1.25 ' 5,018.75 4,015 5,018.75 0 0.00 rn W 3 Straw Bala Ditch Check Ea. 1 75.00 , 75.00 1 • 75.00 0 0.00 0 4 Hydroseeding, CI.3 Ac. 2.8 2,800.00 7,840.00 3 7,840.00 0 0.00 0, 5 Rip-flap,GR 3 w/Filler Fabric S.Y. 34 40.00 1,360.00 34 1,360.00 0 0.00 W • 0 Sub-Total Erosion Control Improvements 16,168.75 18,168.75 2/425.31 v N VIII. MISCELLANEOUS IMPROVEMENTS co pts (IP 6 \-14zP" I Parkway Trees Each 116 200.00 23,200.00 -toff p,280'tfo "ill. -/5'°51%3)1 n Sub-Total Miscellaneous Improvements 23,200.00 23,200.00 3,460.00 tri ci 0 z TOTAL 1,076,6 61.80 889,734.53 186,927.27 a t0%CONTINGENCY 107,666.18 88,973.45 18,692.73 d TOTAL 1,164.327.9a 978,707.98 205,620.00 c.) 0 0 0 0 0 • Nola II iemalning quanMy is zrao,letter of credit vele)can only be reduced to 15%of original amount until firm!aoGeplance of improvements 04/28/2003 11:29 6305537646 SMITH ENGINEER PAGE 02/09 Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors March 31, 2003 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Road. Yorkville, Illinois 60560 Re: Yorkville Road Program SMITH Job No. YORK-020405-2 Dear Mr. Wywrot: The purpose of this letter is to request your approval to supplement our original contract with the city for the Phase I engineering services for the above captioned project. Additional engineering services are required to determine the scope of work for repairs needed for three additional streets as part of theYorkville Road Program. The additional three streets in the road program are East Main Street (Bridge to Bruell), West Center Street(Bridge to top of hill past West Street), and West Orange Street(Bridge to Main). These three streets are approximately 4200 feet in length. Smith Engineering Consultants shall conduct the following tasks in order to append the original report for the additional three streets listed above: 1. Conduct a brief field survey to determine pavement lengths, widths, and conditions. Drainage structures and features will also be located. 2. Determine existing right-of-way limits. 3. Obtain pavement cores for determination of existing pavement types and thickness (one pavement core per block). 4. Investigate drainage options for the listed streets. 5. Identify watermain improvements per the City along the additional streets. 6. Prepare a preliminary Engineer's Opinion of Probable Cost for the • recommended improvements for the additional streets. 759 Yohn Street,Yorkville,IL 60560 www.sinithcngineering.com Telephone 630.553,7560 Fax 630.553,7646 04/28/2003 11:29 6305537646 SMITH ENGINEER PAGE 03/09 Mr. Joseph Wywrot United City of Yorkville Yorkville Road Program Job No.YORK-020405-2 March 31,2003 Page 2 7. Append the original report recommending pavement rehabilitation options and improvement options for the additional streets. 8. Attend two (2) meetings with the City staff. One meeting will be to identify the watermain improvements, and any other improvements identified by the City. The second meeting will be to present the final report. We estimate the fee to complete these additional tasks to be$8,433.00. The additional fee will be supplemented to our original contract for a total amount not to exceed 37,912.00. This work is estimated to be completed by May 30, 2003. After review of the above and should you approve of the increased contract amount, please signone copy of this letter and return to our office. I11✓lVl -MAN1191-1g Z �Q .,COST IDII G 'C4"T Field Survey 24 $2,010.00_ Pavement Analysis 8 $ 740.00 *$1,763.00 Drainage Analysis 8 $ 720.00 Opinion of Cost 4 $ 350.00 Report 16 $1,190.00 'F'`$ 150.00 Meetings 8 $ 880.00 QA/QC 2 $ 270.00 Coordination/Administration 4 $ 360,00 Sub-Total 74 $6,520,00 $1,913.00 TOTAL $8,433.00 * Pavement Cores ** Allowance for report duplication. 04/28/2003 11:29 6305537646 SMITH ENGINEER PAGE 04/09 Mr.Joseph Wywrot United City of Yorkville Yorkville Road Program Job No.YORK-020405-2 March 31,2003 Page 3 Should you have any questions or need further clarification, please feel free to contact me at(630) 553- 7560. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. -` 11111 ► • Jam . : •.E. Vice Pre-4 t KB/jmk cc: Kevin J. Biscan, Smith Engineering Consultants, Inc. Carnie Ferrier, Smith Engineering Consultants, Inc. Accepted By: Title: Date: Company: Y:\Jobs\Smith\2002\020405_YKVL_ROAD\administration\contract\020405-2-additional proposal-road program- 032703.dnc 04/28/2003 11:29 6305537646 SMITH ENGINEER PAGE 05/09 SCHLEEDE ASSOCIAIES INC CONSULTING ENGINEERS March 28, 2003 _ -- _ Ms. Carrie Ferrier Smith Engineering Consultants, Inc. 759 John Street Yorkville, Illinois 60560 Re: Proposal for Pavement Coring 2003 Street Improvement Program City of Yorkville, Illinois Dear Ms. Ferrier: We are pleased to have the opportunity to submit the following proposal f o r the performance of a pavement exploration for the referenced project. effect De�iption and Scope of Wcrk The proposed exploration program consists of performing twelve (12) pavement cores with a shallow subgrade probe to determine the existing pavement section and underlying subgrade soil. The alignments will b e determined at a later date. Metho of P rformance The pavement cores will be made with a 4-inch diameter core barrel and ban d augering equipment extended to sample all pavement components. The pavement section information at the core location will be presented on a data sheet in tabular form. Timing We will begin on work after notice to proceed. We plan on mobilizing an d doing all the cores concurrently. Preliminary findings for the pavement cores will be processed and sent to you as the fieldwork proceeds. A summary report would be prepared shortly after the fieldwork is completed. Peel We propose to provide this work at the unit rates quoted on the attached Schedule of Services and Fees, Attachments 1.1. These estimated quantities and unit rates are based on information as outlined in this proposal and experience on past projects. On the basis of the above information, we estimate that these services can be provided for a fee of $ 1,763.00. CORPORATE OFFICE LABORATORY LABORATORY FROM I 3966WEST STREET, SUITE D 1612 LANDMBIEP.ROAD,UNIT C 3966 WEST DAYTON STREET,SUITE A REPLY CI McHENRY,ILLINOIS 60050.8376 D ELK GROVE VILLAGE,ILLINOIS 60007-2463 Eia McHENRY,ILLINOIS 60030.8376 TO: 815-578-8900•FAX:815-578-8862 547.223-1079•FAX:847-225-0633 515-385.8351•FAX:815.385-8456 04/28/2003 11:29 6305537646 SMITH ENGINEER PAGE 06/09 SCHLEEDE HAMPTON ASSOCIATES,INC. CONSULTING ENGINEERS General For this project, we will assign ' Mr. Stephen C. Schleede, P.E. as Principal i n Charge and Mr. William S. Wyzgala, P.E. as Project Engineer. They and our staff are acquainted with the local subsurface conditions and have participated i n the planning, development and execution of numerous subsurface explorations in this area. We are looking forward to working with you on this project. Respectfully submitted, SCHLEEDE-HAMPTON ASSOCIATES,INC. '.("A32hrg4,A William 7. Wyzgala, P.E. Project Engineer WJW/rlh Enclosure: Attachments 1.1 04/28/2003 11:29 6305537646 SMITH ENGINEER PAGE 07/09 ATTACHMENT 1,1 SCHEDULE OF SERVICES AND FEES EXISTING PAVEMENT SECTION SAMPLING AND THICKNESS MEASUREMENTS 2003 STREET IMPROVEMENT PROGRAM YORKVILLE,ILLINOIS Item Estimated Quantity Unit Coss ENItUI on Fief Services Mobilization of Drilling equipment, traffic control and personnel, lump sum 1 $200.00 $200.00 Soil boring with auger sampling, three foot depth, lineal foot $18.00 Pavement Core, Pavement Section Only,ei 12 $75.00 $900.00 Field Services Total: $1,100.00 Laboratory Services Moisture Content Determinations, ea 12 $4.00 $48.00 Laboratory Services Total: $48.00 Engineering Serviceg for Pavement Survey Including: Layout Coordination Utility Clearance and Permits Traffic Control, Signs, Flagging Preparation of Pavement Core Logs Report Preparation Con sulcation Estimated Cost (@ Unit Rates Listed on Attachment 1.2) $525.00 TOTAL: $1 ,673.00 04/28/2003 11:29 6305537646 SMITH ENGINEER PAGE 08/09 ATTACHMENT 1.2 ENGINEERING SERVICES Our fees for Engineering Services will be based on the actual number of hours required to complete the work, and will be determined on a Unit Rate Basis at these rates for each classification of personnel: Rate/Hour Principal Engineer, per hr. $1 30.00 Project Engineer, per hr. 1 $110.00 $110.00 Staff Engineer, per hr. 4 $85.00 $340.00 Field Engineer, per hr. 1 $75.00 $75.00 Draftsman/Tech., per hr. 0 $47,00 $0.00 $525.00 04/28/2003 11:29 6305537646 SMITH ENGINEER PAGE 09/09 EFFECTIVE JANUARY 1, 2003 SCHLEEDE-HAMPTON ASSOCIATES, INC. CIVIL - GEOTECHNICAL - CONSTRUCTION MATERIALS FEE AND RATE SCHEDULE GENERAL CONDITIONS ENGINEERING AND ASSOCIATED SERVICES 'WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE WORK Fees for our services will be based upon the time worked on UNDER ORAL AGREEMENT UPON FAILURE OF THE CLIENT TO the project at the following rates: PAY INVOICES AS DUE. Rate Per Hour Project Engineer INSURANCE Project Mgr./Sr. Engineer, P.E. We maintain Workman's Compensation Insurance a n d Project Engineer, P.E. Sr. Staff/Field Engineer Employer's Liability Insurance in conformance with state Field Engineer See attached law. In addition, we maintain Comprehensive General Env. Technician proposal Liability Insurance and Automobile Liability Insurance with Sr. Technician for rates bodily injury (limit $1,000,000 each occurrence, .51,000,000 Technician aggregate) and property damage (limit $1,000,000 each CAD Draftsman occurrence. $1,000,000 aggregate). Draftsman Word Processing Within the limits of said insurance, we agree to hold t h e client harmless from and against loss, damage, injury or OVERTIME RATES; Applicable to all classifications below liability arising directly from the negligent acts or emissions Staff Eng. - O.T. Rates aro 1.40 time straight time of ourselves, our employees, agents, subcontractors a n d their employees and agents. if the client placed greater REIMBURSABLE EXPENSES responsibilities upon us or requires further insurance coverage, we if specifically so directed will take out The following items are reimbursable to the extent of actual additional insurance (if procurable) so protect us, at the expenses: clients' expense. But we shall not be responsible for 1. Transportation, lodging and subsistence for out of town property damage from any cause, including fire a n d Wive] explosion, beyond the amounts and coverage of o u r 2. Long distance telephone, telegraph and cable charges. insurance. 3. Special mailings and shipping charges. 4. Special materials and equipment unique to the project. — 5. Automobile travel on projects. LIMITATION OF PROFESSIONAL LIABILITY b. Computer charges. The Client recognizes the inherent risks connected with — construction. In performing our professional services, we will use that degree of care and skill ordinarily exercised, TEST BORINGS AND FIELD INVESTIGATIONS under similar circumstances, by reputable members of our On projects requiring test borings, test pita, or other profession practicing in the same or similar locality. No explorations, we may obtain the services of reputable other warranty, express or implied, is made or intended by subcontractors to perform such work. the proposal for consulting service or by furnishing oral or written reports of the findings made. It is agreed that the Client will limit any and all liability, claim for damages. cost SPECIAL RATES of defense or expenses to be levied against us on account of Per Diem or other special rates can be established for any design defect, error, omission, or professional specific projects when conditions indicate the desirability of negligence to a sum nor to exceed $50,000. or the amount of such rates. our fees, which ever is greater. INCREASES INVOICES Fee schedule increases made by our firm on an over-all Progress invoices will be submitted to the client monthly client basis will be applied to work on all projects as they and a final bill will be submitted upon completion of the become effective. At least 30 days advance notice of such aervices. Invoices will show charges for different personnel increases will be given, and expense classifications. A more detailed separation of charges and data will be provided at clients request, but each invoice is due on presentation end is past due thirty ACCESS TO SITES (30) days from invoice date. Client agrees to pay a finance Unless otherwise agreed, the Client will furnish us with charge of 1 1/2% per month, or the maximum rate allowed right-of-access to the site in order to conduct the planned by law on past due accounts. exploration. We will take responsible precautions to minimise damage to the site due to our operations, but The clients obligation to pay for the work contracted is in have not included in the fee the cost of restoration of any no way dependent upon the clients ability to obtain damage resulting from the operations. If the Client desires, financing, zoning, approval of governmental or regulatory we will restore any damage to the site and add the cost of agents, or upon the client's successful completion of the, restoration to the fee. project. 1 05/01/2003 09:20 630553437777 CITYHOFOYORKVILLE PAGE 01 United City of Yorkville E$T '-'1eM County Seal of Kendall County =�-- 800 Game Farm Road • (A Yorkville, Illinois 60560 ;00; , O Phone.630.5534350 1:64.1;. •� Fax:630-5537575 , LE `�v To: Larry Kot, ChairmanC-../.0----. From: Eric Dhuse, Public Works Date: April 8, 2003 Re: Water Tower Controls Larry, Last week we contacted Power Control Associates to try and repair one of our water tower monitoring controls. After further investigation, it was determined that our unit can not be repaired. In fact, the technology that was used in that component is not even manufactured any more. This is a key component in our system that monitors the level of our South water tower, and works in conjunction with other components that tells the well and booster when to fill the tower, We are still able to maintain water supply in the tower, but the system now gives us error messages that interfere with the filling process at times. As part of the Water improvement plan, we were replacing these units with a new monitoring system within the next two years. I am working with EEI to make sure that the component we need to purchase is compatible with the system that our engineers are proposing. Right now there are two main styles of systems that are widely used to monitor these types of systems. The first type is a phone based system which is the style we have now, and the second is based on radio frequencies, I spoke with Brad Sanderson from EEI yesterday in regards to which style of components they are proposing. Brad said that he believes that they are proposing a radio frequency based system. They tend to be more reliable because they do not rely on phone lines to transmit data. Therefore, if EEI approves of the components, I would recommend that we purchase the Radio based system at a cost of$16,494 for components and installation. I am meeting with EEI on Wednesday April 9, 2003 to discuss this among other water related issues. I will let you know what they recommend and proceed from that point. I would ask that you place this ori the agenda for COW on April 1561 for discussion and approval of the entire council. If you have further questions, please let me know so I can get answers for you before the meeting. Cc: Art Prochaska, Mayor Tony Graff, Administrator Public Works Committee Joe Wywrot, Engineer 05/01/2003 09:20 630553437777 CITYHOFOYORKVILLE PAGE 02 tunic.hi PINIC• IC110N1tYWIGC•CONIIIACTING•taintilitul NO leWarAW ,,{{gy�pp �A��ss��qJ�NJ,JJ. PO IIJ€2 CQNTQ 1. ASSitioLTES 46W368 BeIlh Rd., Maple Park, IL 60151 Phone 231-0263 rate.. Qu opt Pot() 27398 os1/4 703 IPa4e- t oFZ F+� L h3o 5h -- 7s7S Loi)s i 5� v vu� c o��2 J GEdfL ‘�w� Z I S 341-s oL.) Ac.4 . you Uia-ED c#osE cr-t4, 4e. • I+17=-11/4k 1 o , LA-r-4.02 i?:› 14 STA I rH► c ah I oL° I Ta-1A "er-2 ► S 3400.oo Z/. • I 'd 18t•EL28S 18 .lanlod ,OS :n t Fn / n J.41.4 05/01/2003 09:20 630553437777 CITYHDFOYORKVILLE PAGE 03 tticttec•eleefane.ntciwoos Ie►1.C,NTAOCTINi m'Mak �wowrits ru►► 48W368 Beith Rd., Mapl:/�+rnea'e Park, IL 60151 �J�Cs.�Y� R�VWlrri�o�r.uY Phone 231-0263 7:4.0 Gtr of Yo?rVlul� Quom-rsorJ ¢Q-2 -3?c 63o SS3 - 7S of/o?/03 u 4 � ��G►E z F Z .lab Referece YOR(VLLE t .� pmt•, p.. r! ! ,.. r i 7�f.t i „� '✓'Ij ''!�q �� n k. lt "1Nut-. t_'i fr,l -'.. ',i, _ y -R �'.�t� M��l' I.�} 111.1 ,.:;•1.1 y 1A2 S' 4.4W ::�r.'7'"^:...��t�II'.!3►"..Yet_ .� � ,-0. . .1'I` _ _.1!.Ali. - .�: �s_r l his�. ►r1t,�:�. 1 1 NEMA 4 ELEVATED TO ER TELEPI EE TRANSMITTER PANEL WITH 713 git., -74 o. 4o PRESSURE TRANSDUCER AND NEPA 12 RECIEVER PANEL USING TLC SERIES 2s CONTROLLER ON 120V PH SERVICE INCLUDING; 1 NEMA 4 STEEL ENCLOSURE I CONTROL CIRCUIT WEAKER(S) 1 SERIES 2s C41RROl1FR PROGRAMED 1 PRESSURE TRANSDUCER 1 POWER SUPPLY 1 MODEM 1 NEJIAA 12 STEEL ENCLOSURE 1 CONTROL CIRCUIT BREN R(S) 1 SERIES 2s CCNTROI1.ER PROGRAMED 1 MOOED 2 1 NEMA 4 ELEVATED TOWER TELEPHOtt TRANSMITTER PANEL WITH 30740oi 3OY4.O PRESSURE TRANSDUCER AND NEMA 12 RECIEVER PANEL USING ALLEN BRADLEY MICROLOGIX WOO PLC AND 5/03 PLC WITH MONOCHROME 61n TOUCHSCREEN DISPLAY ON 120V 1PH SERVICE INCLUDING; 1 NEMA 4 STEEL ENCLOSURE 1 CONTROL CIRCUIT BREAKER(S) 1 MICRO1OBIX 1000 PLC PROGRAMMED 1 PRESSURE TRANSDUCES? 1 POWER SLPPLY �� 1 MODEM 1 NEMA 12 STEEL ENCLOSURE \ 1 CONTROL CIRCUIT BREAKERIS) 1 SLC 5/03 PLC PROCESSOR WITH AK MEMORY 1 Gip M ONOCPRONE OPERATOR INTERFACE UNIT 1 MODEM 1 POWER SUPPLY Fret FOB ML Prospect Cravings. 1-2 Weeks Delivery.: 5-6 Weeks After Reese of Order a 'd 184CLE8S18 to-v.41)03 Jamod VOS :01 CO LO .idd YDRk\1LLE lli J PARKS& REcREATION Yorkville Parks&Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: yorkrecdepaol.com Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo To: Tony Graff, City Administrator Art Prochaska, Mayor Bill Dettmer , Code Official From: Laura Brown, Executive Director Date: April 15, 2003 Re: Fox Hill Sub Division At April 14th Park Board Meeting residents from the fox Hill Sub Division who were sent letters regarding encroachment of personal property on Park Land were present and requested an variance allowance to allow the current structures to remain. The Park Board recommended staff and the City Attorney pursue the establishment of a hold harmless waiver, with provisions for re-evaluations within a time period or at the time of owner changes. This waiver will be brought back to the Park Board meeting on April 28th for approval and recommendation to proceed to City Council for acceptance. In addition, the board is requesting that no other formal action be taken until the City Attorney executes this waiver and the home owners are given an opportunity to review. 1 7V it PARKS d RECREATION Yorkville Parks&Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: yorkrecdepi aol.com Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo To: Bill Defter From: Laura J Brown, Executive Director Date: March 27, 2003 Cc: Tony Graff, City Administrator Joe Wywrot, City Engineer Park Board Re: Fox Hill Sub Division In examine the Park areas in Fox Hill and preparation for the development and spring maintenance. We have several residents who have placed playground structures, trees, scrubs, and miscellaneous items in the parkway areas. Could the Building Department look into the following addresses and the property lines; 1311 Willow Way—playground structure 1313 Willow Way—trees in park area 1704 Cottonwood Court—plantings and playground structure in park area. 1 icsD C/,..,` United City of Yorkville Atil in . County Seat of Kendall County EST. ®1836 800 Game Farm Road O Lu O_ Yorkville, Illinois 60560 Phone:630-553-4350 �,� v. v�� Fax:630-553-7575 `4LE "v March 28, 2003 Mr. & Mrs. Timothy Wolf 1704 Cottonwood Ct. Yorkville, Illinois 60560 RE: Playground Equipment and plantings Dear Mr. & Mrs. Wolf: On a recent inspection it was noted that you have plantings and playground equipment on public park property. You will have thirty (30) days from receipt of this letter to remove these items. Should you have any questions regarding this matter,please contact me. Sincerely, 401)/ Xe_. William A. Dettmer, Code Official UNITED CITY OF YORKVILLE WAD/ljc cc: Laura Brown, Yorkville Parks & Rec. Dept. Tony Graff, City Administrator Joe Wywrot, City Engineer United City of Yorkville EST.% County Seat of Kendall County 1836 800 Game Farm Road -4U) Yorkville, Illinois 60560 % 1,1O Phone:630-553-4350 � v � ��L E `�� Fax:630-553-7575 March 28, 2003 131 Nl r. Robert Anton 13 '`3 Willow Way Yorkville, Illinois 60560 RE: Trees Dear Mr. Anton: On a recent inspection, it was noted that you have trees planted on the park property. You will have thirty(30) days from receipt of this letter to remove said trees. Should you have any questions regarding this matter,please contact me. Sincerely, G .('-4 -41b William A. Dettmer, Code Official UNITED CITY OF YORKVILLE WAD/ljc cc: Laura Brown, Yorkville Parks & Rec. Dept. Tony Graff, City Administrator Joe Wywrot, City Engineer United City of Yorkville EST. 1® 838 County Seat of Kendall County 800 Game Farm Road 0 Yorkville, Illinois 60560 0 �' \ 0 Phone:630-553-4350 'Q , Fax:630-553-7575 /<LE `w Ir March 28, 2003 Ms. Megan Spemmet 1313 Willow Way Yorkville, Illinois 60560 RE: Playground Structure Dear Ms. Spemmet: On a recent inspection, it was noted that you have a playground structure installed on public park property. You will have thirty (30) days from receipt of this letter to remove said structure. Should you have any questions regarding this matter, please contact me. Sincerely, „ /jam' William A. Dettmer, Code Official UNITED CITY OF YORKVILLE WAD/lj c cc: Laura Brown, Yorkville Parks & Rec. Dept. Tony Graff, City Administrator Joe Wywrot, City Engineer r c UNITED CITY OF YORKVILLE From the Desk of 11z1D'Aimp May 5, 2003 TO: Mayor and City Council RE: COW Packets for May 6, 2003 Please add the following items to your packets: 1. Letter from Jeff Wilkins regarding New County Office Building 2. Ordinance Amending Title 10, Chapter 6, Article 6A, Section 2 of the City Code to Provide for Historic Preservation of Structures within the R-1 Estate Class One-Family Residential (Text Amendment - Special Use R-1 - Antique Store) 3. License Agreements for Fox Hill Subdivision If you have any questions, please contact me. Thank you, "\\.._4 '26 Liz D Anna Deputy Clerk cc: Department Heads A 5- 5-03: 1 :52PM; <ENDALL COUNTY ADMI ;5305534214 5 2/ i _____ CO_ TY OF NDALL] KENDALL COUNTY BOARD 111 West Fox Street [ RU ------ 41 Yorkville, Illinois 60560-1498 ____Ir (630) 553-4171 FAX (630) 553-4214 May 3,2003 Mr.Tony Graff,City Administrator United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 RE: New County Office Building Fee Waivers Right of Way Acquisition Old County Jail Property Dear Mr. Graff: On behalf of the Kendall County Board I would like to extend our appreciation for the City's continued cooperation in waiving permit fees for the new county office building at the John Street campus. We hope the city is able to make arrangements with any city vendors to keep out of pocket cost the city incurs at zero dollars. Please let me know if there is anything I need to do to keep these costs to zero for the city and county. Pursuant to your letter dated April 18,2003 and the fee waiver,the Board gave direction that a 50 foot right of way on the western boundary could indeed be granted to the city as depicted on the concept plan created by KS+A. An agreement would need to be drawn and I assume Attorney Dan Kramer has a document acceptable to the city. Please note in the document the following as well as any comments from the State's Attorney: (a)the right of way is granted strictly for a future North-South thoroughfare to be built by the city or future development to city standards, (b)by granting the right of way, the county has no current or future obligation to build or pay for the future roadway,(c)if additional right of way is needed in the future,the city will approach the county and the decision is at the county's discretion,(d)the city will not use current or future available methods to gain additional property or right of way from the county,unless the county voluntarily agrees. Please have your attorney forward any documents to the State's Attorney, - Tim McCann, and myself for review. Regarding the Old Jail property,Mayor Prochaska and Board Chair,John Church,have scheduled a meeting to discuss the topic Wednesday prior to the Mayors/Managers meeting. The facilities management committee will also discuss the topic and possibly select members interested to work on the project. . T 2c7s,-, `'• J1r t ilkins,County Administrator cc: John Church,Board Chair Jeff Wehrli,Facilities Management Cmt.Chair Nancy Martin,New Office Building Cmt.Chair Tim McCann,State's Attorney 05/05/2003 10 26 FAX 630 553 5764 DANIEL J. KRAMER Z002/004 STATE OF ILLINOIS ) Drafted 5/5/03 ) ss. COUNTY OF KENDALL ) ORDINANCE 2003- AN ORDINANCE AMENDING TITLE 10,CHAPTER 6,ARTICLE 6A, SECTION 2 OF THE YORKVILLE CITY CODE TO PROVIDE FOR HISTORIC PRESERVATION OF STRUCTURES WITHIN THE R-1 ESTATE CLASS ONE-FAMILY RESIDENTIAL WHEREAS, THE UNITED CITY OF YORKVILLE,after careful consideration by the Mayor and City Council, has determined it necessary to promote, the conservation,protection, ► restoration,rehabilitation,use, and overall enhancement of structures having historic significance within the R-1 Estate Class One-Family Residential District; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined in order to facilitate said historic preservation within the R-1 Estate Class One-Family Residential District that Section 2 shall be amended to allow the sale of antiques as a Special Use within said District; WHEREAS,THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Title 10,Chapter 6,Article 6A, Section 2 of the Yorkville City Code to add"the sale of antique goods and property from a structure deemed to have historic significance; NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10,Chapter 6, Article 6A,Section 2 of the Yorkville City Code is hereby amended to allow the following special uses in the R-1 Estate Class One-Family Residential District; A. The sale of antique goods and property from a structure deemed to have historic 05/05/2003 10 26 FAX 630 553 5764 DANIEL J. KRAMER 1003/004 significance 2, In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. 3. That if a conflict shall arise with respect to the Code of this Amendment,this Amendment shall control. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law, IN WITNESS WHEREOF,this Ordinance has been enacted this day of , 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this_ day of A.D. 2003. MAYOR • 05105/2003 10 26 FAX 630 553 5764 DANIEL J. KRAMER 0004/004 PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of ,A.D. 2003. Attest: CITY CLERK This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville,Illinois 60560 630-553-9500 05/03/2003 09:30 FAX 630 553 5764 DANIEL J. KRAMER Q)002/013 STATE OF ILLINOIS COUNTY OF KENDALL License Agreement Agreement made, effective as of ,by and between THE UNITED CITY OF YORKVILLE, a Municipal Corporation, County of Kendall, State of Illinois, hereinafter referred to as CITY, and Robert Anton, of the United City of Yorkville, County of Kendall, State of Illinois, hereinafter referred to as LICENSEE. The Parties recite and declare: A. LICENSOR is vested with fee simple title to a tract of real property situated in the United City of Yorkville, County of Kendall, State of Illinois described as follows: B. LICENSEE owns personal property, that being a playground structure part of which encroaches onto the area of the above described property owned by LICENSOR In consideration of the mutual promises contained in this agreement, the parties agree as follows: SECTION ONE GRANT OF LICENSE;DESCRIPTION OF PREMISES LICENSOR hereby grants to LICENSEE a license to occupy and use,subject to all of the terms and conditions of this agreement,the following described property: SECTION TWO LIMITATION TO DESCRIBED PURPOSE The property described in Section One on which the LICENSEE'S playground structure is situated may be occupied and used by LICENSEE solely for the purpose of allowing the playground stricture to remain during the period beginning the date of this Agreement, and continuing only until such time as the CITY notifies LICENSEE of the desire to terminate said Page 1 of 4 05/03/2003 09 30 FAX 630 553 5764 DANIEL J. KRAMER i 003/013 License,said LICENSEE sells or otherwise transfers ownership of their property, or said playground structure is removed, destroyed, or so altered that its current encroachment is no longer necessary. SECTION THREE TERMINATION Should the CITY desire to terminate said License, the CITY shall notify the LICENSEE in writing and allow LICENSEE thirty(30) day to remove said playground structure. If the above described playground structure or any essential part of such structure be destroyed, removed, or damaged to an extent requiring rebuilding and/or demolition,this agreement shall immediately terminate; and in such event LICENSEES shall immediately remove all materials of said playground structure from the property described in Recital A above. SECTION FOUR INDEMNIFICATION AND HOLDHARMLESS In exchange for said grant of license, LICENSEE, does hereby agree to indemnify and hold harmless CITY, from and against any all liability or loss that the CITY may sustain as a result of claims, demands, costs, or judgments arising from LICENSEE'S construction and maintenance of a playground structure on the property of CITY SECTION FIVE LICENSE BINDING This license will not bind and inure to the benefit of the successors, assigns, heirs, executors, administrators, and legal representatives of the parties. SECTION SIX GOVERNING LAW It is agreed that this agreement shall be governed by,construed, and enforced in accordance with the laws of the State of Illinois. SECTION SEVEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Page 2 of 4 • 05/03/2003 09:30 FAX 630 553 5764 DANIEL J. KRAMER 2004/013 SECTION EIGHT MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION NINE NOTICES Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by certified mail if sent to each party or a representative of a party, SECTION TEN ATTORNEY FEES In the event that any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney's fees. SECTION ELEVEN NO INTEREST CLAIMED BY LICENSEES LICENSEES expressly agree that they do not and shall not claim at any time any interest . or estate of any kind or extent whatsoever in the above-described property of LICENSOR, by virtue of the rights granted under this license agreement or their occupancy or use of the garage whether under this agreement, or under any other claim. LICENSOR THE UNITED CITY OF YORKVILLE Page 3 of 4 05/03/2003 09.30 FAX 630 553 5764 DANIEL J. KRAMER Q005/013 LICENSEE Robert Anton STATE OF ILLINOIS ) ) ss COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, CERTIFY THAT Robert Anton personally known to me to be the same person_. whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed,sealed and delivered this instrument as his free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and notarial seal this Day of , 2003 Notary Public Law Offices of Daniel J. Kramer 1107A South Bridge Street 'Yorkville,IL 60560 (630) 553-9500 Page 4 of 4 05/03/2003 09 30 FAX 630 553 5764 DANIEL J. KRAMER 0006/013 STATE OF ILLINOIS COUNTY OF KENDALL License Agreement Agreement made, effective as of , by and between THE UNITED CITY OF YORKVILLE, a Municipal Corporation,County of Kendall, State of Illinois,hereinafter referred to as CITY, and Megan Spemmet,of the United City of Yorkville, County of Kendall, State of Illinois, hereinafter referred to as LICENSEE. The Parties recite and declare: A. LICENSOR is vested with fee simple title to a tract of real property situated in the United City of Yorkville, County of Kendall, State of Illinois described as follows: B. LICENSEE owns personal property, that being plantings and a playground structure part of which encroaches onto the area of the above described property owned by LICENSOR In consideration of the mutual promises contained in this agreement,the parties agree as follows: SECTION ONE GRANT OF LICENSE;DESCRIPTION OF PREMISES LICENSOR hereby grants to LICENSEE a license to occupy and use, subject to all of the terms and conditions of this agreement, the following described property: SECTION TWO LIMITATION TO DESCRIBED PURPOSE The property described in Section One on which the LICENSEE'S playground structure is situated may be occupied and used by LICENSEE solely for the purpose of allowing the plantings and playground structure to remain during the period beginning the date of this Agreement, and continuing only until such time as the CITY notifies LICENSEE of the desire to Page 1 of 4 05/03/2003 09: 30 FAX 630 553 5764 DANIEL J. KRAMER Z007/013 terminate said License, said LICENSEE sells or otherwise transfers ownership of their property, or said playground structure is removed, destroyed, or so altered that its current encroachment is no longer necessary. SECTION THREE TERMINATION Should the CITY desire to terminate said License,the CITY shall notify the LICENSEE in writing and allow LICENSEE thirty(30) day to remove said plantings and/or playground structure. If the above described plantings and/or playground structure or any essential part of such structure be destroyed, removed, or damaged to an extent requiring rebuilding and/or demolition,this agreement shall immediately terminate; and in such event LICENSEE shall immediately remove all materials of said plantings and/or playground structure from the property described in Recital A above. SECTION FOUR INDEMNIFICATION AND HOLDHARMLESS In exchange for said grant of license, LICENSEE, does hereby agree to indemnify and hold harmless CITY, from and against any all liability or loss that the CITY may sustain as a result of claims, demands, costs, or judgments arising from LICENSEE'S construction and maintenance of a plantings and/or playground structure on the property of CITY SECTION FIVE LICENSE BINDING This license will not bind and inure to the benefit of the successors, assigns, heirs, executors, administrators, and legal representatives of the parties. SECTION SIX GOVERNING LAW It is agreed that this agreement shall be governed by,construed, and enforced in accordance with the laws of the State of Illinois. SECTION SEVEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Page 2 of 4 • 05/03/2003 03 30 FAX 630 553 5764 DANIEL J. KRAMER fI 008/013 SECTION EIGHT MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION NINE NOTICES Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by certified mail if sent to each party or a representative of a party. SECTION TEN ATTORNEY FEES In the event that any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party,in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney's fees. SECTION ELEVEN NO INTEREST CLAIMED BY LICENSEES LICENSEE expressly agrees that they do not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described property of LICENSOR, by virtue of the rights granted under this license agreement or their occupancy or use of the garage whether under this agreement, or under any other claim. LICENSOR THE UNITED CITY OF YORKVILLE Page 3 of 4 05/03/2003 09 30 FAX 830 553 5764 DANIEL J. KRAMER Ij009/013 LICENSEES Megan Spemmet STATE OF ILLINOIS ) 55 COUNTY OF I, the undersigned, a Notary Public in and for said County, in the State aforesaid, CERTIFY THAT Megan Spemmet personally known to me to be the same person _ whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered this instrument as her free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and notarial seal this Day of , 2003 Notary Public Law Offices of Daniel J, Kramer 1107A South Bridge Street Yorkville, IL 60560 (630) 553-9500 Page 4 of 4 I , 05/03/2003 09: 30 FAX 630 553 5784 DANIEL J. KRAMER 2010/013 STATE OF ILLINOIS COUNTY OF KENDALL License Agreement Agreement made, effective as of , by and between THE UNITED CITY OF YORKVILLE,a Municipal Corporation, County of Kendall, State of Illinois,hereinafter referred to as CITY, and Mr. and Mrs. Timothy Wolf, Husband and Wife, of the United City of Yorkville, County of Kendall,State of Illinois,hereinafter referred to as LICENSEE. The Parties recite and declare: A. LICENSOR is vested with fee simple title to a tract of real property situated in the United City of Yorkville, County of Kendall, State of Illinois described as • follows: B. LICENSEE owns personal property, that being tress placed within the park area part of which encroaches onto the area of the above described property owned by LICENSOR. In consideration of the mutual promises contained in this agreement, the parties agree as follows: SECTION ONE GRANT OF LICENSE; DESCRIPTION OF PREMISES LICENSOR hereby grants to LICENSEE a license to occupy and use, subject to all of the terms and conditions of this agreement,the following described property: SECTION TWO LIMITATION TO DESCRIBED PURPOSE The property described in Section One on which the LICENSEE'S playground structure is situated may be occupied and used by LICENSEE solely for the purpose of allowing the trees to remain during the period beginning the date of this Agreement,and continuing only until such Page 1 of 4 05/03/2003 09 31 FAX 630 553 5764 DANIEL J KRAMER 011/013 • . f time as the CITY notifies LICENSEE of the desire to terminate said License, said LICENSEE sells or otherwise transfers ownership of their property,or said trees are removed, destroyed,or so altered that its current encroachment is no longer necessary. SECTION THREE TERMINATION Should the CITY desire to terminate said License, the CITY shall notify the LICENSEE in writing and allow LICENSEE thirty(30) day to remove said trees. If the above described trees or any essential part of any tree is destroyed, removed, or damaged to an extent requiring rebuilding and/or demolition, this agreement shall immediately terminate; and in such event LICENSEE shall immediately remove all materials of said trees and/or tree from the property described in Recital A above. SECTION FOUR INDEMNIFICATION AND HOLDHARMLESS In exchange for said grant of license, LICENSEE, does hereby agree to indemnify and hold harmless CITY, from and against any all liability or loss that the CITY may sustain as a result of claims, demands, costs, or judgments arising from LICENSEE'S the planting of the trees on the property of CITY SECTION FIVE LICENSE BINDING This license will not bind and inure to the benefit of the successors, assigns,heirs, executors, administrators, and legal representatives of the parties. SECTION SIX GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois. SECTION SEVEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Page 2 of 4 0`x/03/2003 09 31 FAX 630 553 5764 DANIEL J. KRAMER 0012/013 • t SECTION EIGHT MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION NINE NOTICES Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by certified mail if sent to each party or a representative of a party. SECTION TEN ATTORNEY FEES In the event that any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney's fees. SECTION ELEVEN NO INTEREST CLAIMED BY LICENSEES LICENSEE expressly agrees that they do not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described property of LICENSOR,by virtue of the rights granted under this license agreement or their occupancy or use of the garage whether under this agreement, or under any other claim. LICENSOR THE UNITED CITY OF YORKVILLE Page 3 of 4 r _ 05/03/2003 09 31 FAX 630 553 5764 DANIEL J. KRAMER Z013/013 LICENSEES STATE OF ILLINOIS ) ) ss COUNTY of ) I,the undersigned, a Notary Public in and for said County, in the State aforesaid, CERTIFY THAT personally known to me to be the same persons whose names are subscribed to the foregoing instrument,appeared before me this day in person, and acknowledged that they signed, sealed and delivered this instrument as their free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and notarial seal this Day of ,2003 Notary Public Law Offices of Daniel r. Kramer 1107A South Bridge Street Yorkville, IL 60560 (630) 553-9500 Page 4 of 4 6