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Committee of the Whole Packet 2003 12-02-03 icUnited City of Yorkville County Seat of Kendall County 800 Game Farm Road Yorkville,Illinois 60560 Phone:630-553-4350 Fax:630-553-7575 AGENDA COMMITTEE OF THE WHOLE Tuesday, December 2, 2003 7:00 PM City Conference Room Public Hearing: None Presentation: 1. Jason Minalga from Civil& Engineering Consultants regarding Brownfield's Note: "CA" denotes a recommendation by the respective Committee for that item to go on the Consent Agenda of the City Council Agenda. Mayor: • 1. Coffee with the Mayor: December 6th at Menard's from 9:00 - 11:00 a.m. 2. Readdress having YBSD Bill Directly 3. IDNR Grant of$100,000 for West Hydraulic Riverfront Greenway 4. City/School District Intergovernmental Agreement - Update Economic Development Committee: A'. Building Permit Report for September 2003 2 PC 2003-13 Runge Property: IRED Development Ventures, Inc. request to Annex and Rezone - Plan Comm 11/12/03 ,,3'. PC 2003-16 Gary and Lelalu Maxwell request to Annex and Rezone - Plan Comm 11/12/03 jKylyn's Ridge Phase 2 Final Plat - Plan Comm 11/12/03 5. Raintree Village Units 2 & 3 Final Plat- Plan Comm 11/12/03 f PC 2003-24 Silver Fox Concept Plan -Plan Comm 11/12/03 J/PC 2003-25 Corner Stone Concept Plan - Plan Comm 11/12/03 X. Progress Holdings PUD Agreement Park Board: 1. Gilbert Park Meeting Report • Ai Page 2 Committee of the Whole December 2, 2003 Public Works Committee: 1. Well #7 and Treatment Facility - Results of Bid Opening 2. Fox Mill Landing Utility Easements and Final Acceptance - PW 11/24/03 (CA) 3. Dickson Court Roadway Improvements Change Order - PW 11/24/03 (CA) 4. Raintree Village Unit 1 Bond Reduction- PW 11/24/03 (CA) 5. Savitski Property: a. Letter of Credit - PW 11/24/03 b. Revised Sidewalk Agreement 6. Supplement for Yorkville Transportation Study Public Safety Committee: 1. October 2003 Police Reports Administration Committee: • 1. Public Hearing Process - Admin 11/13/03 2. Chamber of Commerce - New Membership - Admin 11/13/03 Additional Business: UNITED CITY OF YORKVILLE AGENDA COMMITTEE OF THE WHOLE Tuesday, December 2, 2003 7:00 PM CITY CONFERENCE ROOM STATUS: PRESENTATION: • 2tsonMina1ga01.111ason from CEC regarding Brownfield)(k. AYOR: 1. Coffee with the Mayor: December 6th at Menard's from 9:00 - 11:00 a. • 2. Readdress having YBSD Bill Directly 64-4 -ler- /44 3. IDNR Grant of$100,000 for West Hydraulic Riverfront Greenway 4. City/School District Intergovernmental Agreement- Update • ECONOMIC DEVELO' ENT COMMI` EE: • e." C.4 1. Building Permit Report for September 2003 �1.14 G, /„,,,,,e. �k � ' °ate ,/,ee 2. PC 2003-13 Runge Property-Annex and Rezone 1 Csc. ve.11. ajuLdleg--6/(ir-tYk: - irj9 __ a .) 3. PC 2003-16 Gary and Lelalu Maxwell- Annex and Rezone IL ) • .., . , / , e'it 4„,:,--.... L 5,6, E 4. Kylyn's Ridge Phase 2 Final Plat t AM 1 ,e e„,,, �� v� '--�cer�C15. Raintree Vile Units 2 & 3 Final Plat f N ,) /(1., kee6471,7".e_el---t-' fri--tcs, ,) 4 71 e_A e_c/ b.,cg Tz>e 0, ,,,,Iptiegi ,C°:"sci_r(e-7 (-- y,f. J 6. PC 2003-24 Silver Fox Concept Plan r 7. PC 2003-25 Corn r Stone Conce t P // 0 et011-ine7/77 C- 4(....-re*-2„1 0 7e--20r)Z Cra6C-* frbeCial N Ci°.,ti Ai_ 8. Progress Holdings PUD Agreement ,--'1Ath7.-c"1- • ted‘ f-- 0po7 t PARK BOARD: • (zi„,...ri-e.....- wieted , / (11° r _ 1. Gilbert Park Meeting Report ie „......—....0„...„Tz-i,....„,t_i7/6_,40)..„..e...„ . ir,,,,-- g--1,-,-..,-e D--' "e-Yi PUBLIC WORKS COMMITTEE: ..ate d df-1. Well#7 and Treatment Facility-Results of Bid I s- i••-_ ori..t r t,•eN ° - a Ike i A 4-;-,------ ... • 1J�- ,C `' `. -..' � , ll_ e s and Final Acceptance g.,2,0;,,,J fis. 10-,-- -----ii-t.o'r -1G41-"--6'-)4,,di ---,fre_6J, (' pz ) , /. „.�..„...i 3. Dickson Court Roadway Improvements Change Order ,0",A. "„ � 0 4. Raintree Village Unit 1 Bond Reduction i 0 L . Savitski Property - .,ZA- • # - ,,, j9kiz.7.‘,,,,,,:ii,...d,.. .„.., -, , , ,,,, a. etter of Cre b visecl Siriewalk.Agree t , lie...e,/ 04...-le--,--/-.- - (71'..X i ' r / 6. Supplement for Yorkville Transportation Study r 1110UBLIC SAFE COM: IT3'EE: '.,�, a 1. October 2003 Police Reports A1MINISTRATION CO1M1 OTEE: 1 1. Public Hearing Process • - (14,4,,-4-1 ed - 44 >ii-f 2. C ber of Commerce-New Membership Pres l ;NI 111) CITY OF Yt)IZh\"1IJJ Memo To: Mayor Prochaska&Ci Counc. Members From: Tony G 2 CC: Atty.Dan Kramer&Dept.Heads Date: November 26,2003 Re: Brownfield Grant Application—Contract for Services Update#1: Envirogen withdraws their services The City received notice from Envirogen on November 10, 2003 that they are withdrawing their services for preparing the grant application as stated within their agreement The determining factor to withdraw was based on their interruption of receiving guaranteed work after the grant is awarded for management of grant activities, Phase I and Phase II environmental assessment and other scope of services. The agreement referred to a letter which was attached dated 9/23/03 that had a provision as stated, "However, Envirogen does secure a grant, and the City chooses another firm to perform work, Envirogen would request payment of $5,000 for our efforts in securing the grant" This was explained to the representatives after receiving a legal opinion from Attorney Daniel Kramer, that there is no guarantee of work at this time and the decision will be made after the grant award notice was received as stated within the letter. Also, Envirogen stated the scope of work to prepare the grant was greater than the $5,000 they would receive so they elected to withdraw their services because of the"inability to come to contract terms." Update#2: Recommendation for new firm to prepare the Grant Application After receiving Envirogen's notice I contacted another environmental firm that provided the City with their qualification in August 2003 (This was after Envirogen's presentation). The firm's name is Civil&Environmental Consultants,Inc. I contacted this firm immediately and they provided the City with a proposal that is currently being reviewed by Attorney's Kramer office. I am recommending moving forward with this agreement since we have completed numerous interviews with potential property owners who have signed access agreement to work with the City for a Brownfield application. The one provision with this proposal is the increase cost of$7,500 to the firm if they are not retained to perform the Phase I ESA, and associated grant management activities. I believe the language is simple and to the point with the understanding of the City's position and the contractors expectations for payment and services. Attachments: Envirogen's Letters dated 9/23/03& 11/10/03 Civil&Environmental Consultants,Inc Scope of Services 1 OENVIROGEN 1150 N.Fifth Avenue,Suite C St.Charles,Illinois 60174-1231 Tel: 630/762-1400 September 23, 2003 Fax: 630/762-1402 www.envirogen.com Mr. Anton Graff City Administrator United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Dear Mr. Graff: Thank you for the time and consideration afforded us during our discussion of the Illinois Brownfield Program. This letter will summarize Envirogen's brownfield services. Under the grant program, Envirogen will perform Phase I and Phase II environmental assessments, prepare cleanup plans, and, oversee site remediation according to the IEPA's Tiered Approach to Corrective Action(TACO)regulation and guidance. Each site currently being considered will require a unique scope of work. Some will require complete assessments, others may not. Some will require extensive remediation, others may not. As part of the process of enrolling the City of Yorkville into the Brownfield program, a proposal for each site will be written and included with the original grant application and amendments. This proposal will contain a clearly defined scope of work, a budget, and a schedule for completing the work. The budget contained in the proposal will be based on the scope of work, an estimate of the time required to complete the work and Envirogen's hourly fee schedule. Envirogen will not begin any work without approval by the United City of Yorkville. A current fee schedule is enclosed. Envirogen will prepare a grant application on behalf of the United City of Yorkville at no cost to the City. If the City does not receive a grant there is no further obligation to Envirogen. However, if Envirogen does secure a grant, and the City chooses another firm to perform the work, Envirogen would request payment of$5000 for our efforts in securing the grant. Envirogen will complete all quarterly progress reports and a final grant report. We will also prepare amendment requests to add additional sites to the original grant. If you have any questions or require additional information,please contact me at(630) 762-1400. Sincerely, F " Kenneth R. Bacus ENVIROGEN Brownfields Coordinator Cost-effective leadership for a cleaner environment ENVIROGEN 1150 N.Fifth Avenue,Suite C St.Charles,Illinois 60174-1231 Tel: 630/762-1400 Fax: 630/762-1402 www.envirogen.com November 10, 2003 Mr. Anton Graff City Administrator United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Dear Mr. Graff: Per our telephone conversation on November 7, because of our inability to come to contract terms, Envirogen will not prepare a grant application on behalf of the United City of Yorkville at this time. We wish the United City of Yorkville good luck in its future efforts and hope we may work together in the future. Sincerely, dfivee4r--4'a-- Kenneth R. Bacus ENVIROGEN Brownfields Coordinator Cost-effective leadership for a cleaner environment 414400 1111111 111117 3E .tax x November 13, 2003 • Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Subject: Proposal to Prepare a Municipal Brownfields Redevelopment Grant (MBRG) Application for Completing Environmental Services for the United City of Yorkville CEC Proposal No. 231714 Dear Mr. Graff: Civil&Environmental Consultants,Inc. (CEC)is pleased to provide this proposal to prepare an Illinois Environmental Protection Agency (IEPA)Municipal Brownfields Redevelopment Grant(MBRG) application for completing comprehensive environmental services for the United City of Yorkville(the City). These services are associated with the redevelopment of three properties. BACKGROUND The MBRG program was developed in 1999 to assist municipalities to inventory and assess vacant, underutilized, or derelict properties for redevelopment. The grant can be used to pay for services associated with characterizing and assessing the contaminants of concern,enrolling properties into the Illinois Environmental Protection Agency's(TEPA)Site Remediation Program(SRP),and completing all required reporting. This program defines the activities necessary to remediate impacted properties and provides regulatory review and approval(through an assigned IEPA Project Manager)until a No Further Remediation letter is issued by the IEPA. MBRG funds can only be accessed if the site is enrolled in the SRP and the IEPA is involved with the site remediation, from a regulatory standpoint. MBRG funds cannot be used for asbestos &lead assessments and abatement, demolition activities, or geotechnical investigations. Up to $240,000 is available per municipality to inventory,assess,and remediate Brownfield properties. The grant will cover 70%of the costs and the municipality is required to provide the remaining 30%of the costs (applicant match). The municipality can meet their application match by either a monetary of in kind service match, or a combination of both. CEC personnel have experience working with municipalities in developing and managing in-kind service matches to reduce the monetary burden of these projects. Civil & Environmental Consultants, Inc. Chicago 3041 Woodcreek Drive Pittsburgh 800/365-2324 Suite 210 Cincinnati 800/759-5614 Downers Grove,Illinois 60515-5417 Columbus 888/598-6808 Phone 630/963-6026 �P 877/846-07 Indianapolis 877/746-07499 Fax 630/963-6027 Nashville 800/763-2326 Toll Free 877/963-6026 St.Louis 866/250-3679 E-mail chicago@cecinc.com Corporate Web Site http://www.cecinc.com BGM Proposal to Tony Graff • November 13,2003 Page 2 Environmental assessment activities eligible for funding include but are not limited to:Comprehensive Phase I Environmental Site Assessments (ESAs); Phase II investigations; enrollment in the IEPA Site Remediation Program (SRP); SRP Plan Development and Reporting; and MBRG Management. Properties with IEPA SRP approved Remedial Action Plans can have soil and groundwater remediation costs eligible for funding,including underground storage tank removals. SCOPE OF SERVICES Based on our phone conversation on Monday, November 10, 2003, CEC will complete a MBRG application on behalf of the City. The initial MBRG application will focus on the three properties referenced in our phone conversation. CEC proposes a project plan that proceeds in a phased approach to efficiently and effectively address potential environmental impact. CEC will prepare the MBRG application,which includes a work plan and associated costs,for completing a Phase I Environmental Site Assessment (ESA) for the three properties, and associated four quarters of brownfield grant management activities. The assessment activities will be developed in accordance with currently accepted practices that are consistent with the American Society for Testing & Materials (ASTM) Standard Practice for Environmental Assessments (El 527-00), and will be suitable for incorporation into reporting requirements listed in Title 35 Illinois Administrative Code Part 740 "The Site Remediation Program". The MBRG application will present the proposed consultant and subcontractors to complete the scope of services. Any changes to the MBRG will require an amendment to be submitted to the IEPA for approval before continuation of any work. Any grant related activities completed prior to receiving an approved MBRG will not be eligible for reimbursement. In addition,any grant related activities completed by entities not listed on the MBRG will not be eligible for reimbursement. The application will be submitted as a draft to the City for review and approval. After receiving comments from the City, CEC will prepare and submit a final MBRG application to the IEPA for approval. The City will also receive a copy of the application to keep on file. Upon receiving a successful MBRG, CEC will complete Phase I ESAs on the three properties, and associated grant management activities. The City will be aware of all costs prior to initiation of the planned activities. The findings of the Phase I ESAs will be used in developing Comprehensive Site Investigation(Phase II investigation)work plans that will fully characterize each of the three properties. CEC will seek approval from the IEPA for all Phase II work plans prior to amending the City's MBRG. Following the completion of the comprehensive Phase II Site Investigation, CEC will complete all necessary SRP reporting, subsequent remediation, and documentation to secure a comprehensive No Further Remediation (NFR) letter. Since 2000,CEC personnel have successfully secured Illinois MBRG grants for 7 municipalities, managed the grant program on behalf of 10 municipalities,used grant funds for characterizing 14 properties, secured grant funds for cleaning up one property, successfully obtained No BGM Proposal to Tony Graff November 13,2003 Page 3 Further Remediation(NFR) letters from the SRP for 3 properties,and successfully closed out one MBRG grant. ESTIMATED COSTS CEC shall complete the initial BRG application at no cost to the City with the understanding that the City will retain CEC to perform the Phase I ESA,and associated grant management activities. If the MBRG is approved and the City chooses to terminate this agreement and select another firm to complete the scope of work provided in the approved IEPA MBRG,CEC will submit an invoice to the City in the amount of$7,500. Additionally,the City will not be invoiced for the completion of the application if CEC is unable to secure an MBRG for the City. As referenced in the scope of services, CEC's phased approach to completing comprehensive environmental services is consistent with the protocol established by the IEPA for sites enrolled in the SRP. This approach ensures that the City is aware of any and all costs associated with the project and that planned environmental activities are approved by the MBRG before these activities are initiated. A fee schedule is included as Attachment A. This fee schedule will be used to prepare cost estimates for all grant eligible and non grant eligible environmental work. CEC will not begin MBRG funded project activities until grant funds have been approved by the IEPA Office of Brownfields Assessment(OBA). Our schedule of Terms and Conditions,which apply to the proposed work,is attached. Your written authorization to proceed will form a binding contract and indicates your acceptance of our Terms and Conditions and the conditions of this proposal. Any changes to our Terms and Conditions must be agreed to in writing by both parties prior to your authorization to proceed. Our Terms and Conditions are provided for your review and approval in Attachment B. SCHEDULE CEC can begin the MBRG application process immediately upon receipt of written authorization to proceed. Authorization may be received by mail or facsimile at the address and facsimile number provided on the footer of this proposal. The BRG application will take approximately four weeks to complete and submit to the Office of Brownfields Assistance (OBA). Approval of the application by the OBA may take between six to eight weeks. /17q7 BGM Proposal to Tony Graff • November 13,2003 Page 4 CEC appreciates the opportunity to offer this proposal for BRG application and associated environmental services to the United City of Yorkville. If you have any questions regarding this proposal or if you need additional information,please contact Jason or myself at (630) 963-6026. Sincerely, Civil&Environmental Consultants, Inc. 41011. Michael D. Monteith,P.G. Jason Minalga Senior Project Manager Client Development Manager Attachments AUTHORIZATION TO PROCEED: CEC Proposal No. 231609 Signature: Date: Printed Name: Title: Phone Number: Facsimile Number: SCHEDULE OF TERMS AND CONDITIONS ENVIRONMENTAL PROJECTS 1.0 PROPOSAL ACCEPTANCE The following terms and conditions ("TERMS") shall apply to and are an integral part of the attached proposal between Civil &Environmental Consultants, Inc. (CEC)and the CLIENT named in the attached proposal ("CLIENT"). CLIENT's acceptance of the proposal includes acceptance of the TERMS and any terms and conditions proposed by the CLIENT will be deemed to materially alter the TERMS and are hereby objected to and rejected by CEC. Acceptance of this proposal, including acceptance of the TERMS, shall occur upon the notification of CEC by CLIENT, in writing or orally, to commence performance in accordance with the proposal and the TERMS. 2.0 WARRANTY The CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys or explorations are made, and that site conditions may change with time. Data, interpretation, and recommendations by CEC will be based solely on information available to CEC. CEC is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties'interpretations or use of the information developed. CLIENT acknowledges that whenever a Project involves hazardous or toxic materials and/or investigations of chemicals in the environment, there are inherent uncertainties involved (such as limitations on laboratory analytical methods, variations in subsurface conditions and the like) which may adversely affect the results of the Project, even though the services are performed with skill and care. CEC shall perform the services consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the same time the services are performed. No other warranty, expressed or implied, is made. 3.0 SUBCONTRACTED SERVICES CEC will select reputable subcontractors for test borings and/or other explorations or services based on oral or written competitive prices. The contractor's invoices shall be billed in accordance with our proposal. Nothing in this paragraph shall require that services or equipment be obtained through competitive bidding or be available from more than one source. 4.0 SERVICES OF OTHERS On occasion, CEC engages the specialized services of individual consultants or other companies to participate in a project. When considered necessary, the cost of such services will be billed in accordance with our proposal. 5.0 SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel for CEC to perform the work set forth in this AGREEMENT. The CLIENT will notify any and all possessors of the project site that CLIENT has granted CEC free access to the site. CEC will take reasonable precautions to limit damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL. The CLIENT is responsible for the accuracy of locations for all subterranean structures and utilities. CEC will take reasonable precautions to avoid known subterranean structures, and the CLIENT waives any claim against CEC, and agrees to defend, indemnify, and hold CEC harmless Schedule of Terms and Conditions Environmental Projects Page 2 from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, CLIENT agrees to compensate CEC for any time spent or expenses incurred by CEC in defense of any such claim with compensation to be based upon CEC's prevailing fee schedule and expense reimbursement policy. 6.0 SAMPLES All soil, rock and/or water samples shall be discarded 30 days after submission of our report, unless CLIENT advises us otherwise. Upon request, we will ship or deliver the samples or store them for CLIENT for an agreed upon storage charge. If such samples contain hazardous materials, oil, or asbestos, CLIENT will pay all costs associated with their storage, transport, and/or disposal. 7.0 BILLING AND PAYMENT Invoices shall generally be submitted every four weeks for services performed during the previous four weeks. Payment shall be due within 30 days of invoice date. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CEC in writing within fourteen (14) calendar days of the invoice, identify the cause of disagreement, and pay within thirty (30) days that portion of the invoice, if any, not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid. Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional charge of 1-1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by the CLIENT to CEC per CEC's current fee schedules. In the event CLIENT fails to pay CEC within thirty (30) days after invoices are rendered, CLIENT agrees that CEC will have the right to suspend this Agreement, without incurring liability to CLIENT, after giving seven (7) days written notice to CLIENT. 8.0 REIMBURSABLE EXPENSES The following items of direct non-salary expenses shall be billed according to the terms of our proposal: 8.1 Transportation and living expenses incurred for assignments outside the area. 8.2 Automobile expenses for personal or company vehicles at the allowable IRS mileage rate, plus parking and toll charges. For company vehicles, a minimum of $50/day will be charged for use, unless the daily mileage charge for the vehicle in question exceeds $50/day, in which case the actual daily mileage charge applies. Rental vehicles will be charged according to our proposal. 8.3 Long distance telephone calls,telegrams, and cables. 8.4 Computer usage and word processing at $5.00/hour, and CADD at $15.00/hr. connect time. 8.5 Shipping charges for soil and rock samples, field equipment, etc. 8.6 Project photographs and reproduction of drawings and reports. 8.7 Laboratory services,test borings, and other subcontracted services. Schedule of Terms and Conditions Environmental Projects Page 3 8.8 Other items directly identifiable to the project. 9.0 DOCUMENTS Any letters, reports, or documents prepared by us for CLIENT, are the instruments of our engineering services. These services provided by us are solely for CLIENT's use for the project and site described in our proposal. 10.0 INSURANCE CEC maintains Workmen's Compensation Insurance as required by State law and General Liability Insurance for bodily injury and property damage with an aggregate limit of$1,000,000 per occurrence. CEC will furnish certificates of such insurance upon request. In the event the CLIENT desires additional coverage of this type, CEC will, upon the CLIENT's written request, obtain additional insurance (if possible) at the CLIENT's expense. Our liability to the CLIENT for bodily injury or property damage arising out of work performed for the CLIENT for which legal liability may be found to rest upon us, other than for professional errors or omissions, shall be limited to our General Liability Insurance coverage. 11.0 EVOLVING TECHNOLOGIES The investigation, characterization, and remediation of hazardous wastes involve technologies which are rapidly evolving. Existing state-of-the-art technologies are often new and untried;future technologies may supersede current techniques. In addition, standards for remediation, including statutes and regulations, change with time. CLIENT understands that CEC's recommendations must be based upon current technologies and standards and may differ from the recommendations that might be made at a later time. 12.0 ALLOCATION OF RISK 12.1 Limitation of Liability: CLIENT agrees to limit CEC's liability to CLIENT, and to any other person or entity, for any claim arising from, or alleged to arise from any acts, errors or omissions in the performance of services under this Agreement whether such claim sounds in negligence, breach of contract, strict liability, or other legal theory, except for willful misconduct or gross negligence and including any legal fees or costs awarded under this Agreement, to an aggregate limit of the amount of fees paid to CEC under this Agreement, or$50,000,whichever is greater. If CLIENT prefers not to limit our professional liability to this sum, we shall waive this limitation upon CLIENT's written request, provided that CLIENT agrees to pay for this waiver at a negotiated fee. CLIENT's request for this option must be made at the time CLIENT accepts our proposal. In the event CLIENT makes a claim against us for any act arising out of the performance of our professional services, and fails to prove such claim, then CLIENT agrees to pay all legal and other costs incurred by us in defense of such claim. 12.2 Waiver of Consequential Damages: CEC and CLIENT agree to waive any claim against each other for consequential damages. 12.3 Indemnification: CEC shall indemnify and hold harmless CLIENT from and against any and all claims, damages, or liability arising from the negligent performance of services under this Agreement by CEC, including injuries to employees of CEC. Schedule of Terms and Conditions Environmental Projects Page 4 CLIENT shall defend, indemnify, and hold harmless CEC from and against any and all claims, damages, or liability arising from or related to Hazardous Materials existing at the Project Site prior to the commencement of CEC's services under this Agreement, unless caused by the sole negligence or willful misconduct of CEC. 12.4 Continuing Agreement: The obligations of this section shall survive notwithstanding termination of this agreement. In the event that CLIENT requests that CEC provide additional services, CLIENT's obligations under this section shall apply to such additional services as if such additional service had to be performed as part of this Agreement. 13.0 CHANGES 13.1 Unforeseen Site Conditions: CLIENT reserves the right to make reasonable changes in the work to be performed after acceptance of this Agreement. CLIENT understands that unforeseen site conditions may require changes in the Scope of Work to be performed. 13.2 Unauthorized Changes: If changes are made in CEC work products by CLIENT or persons other than CEC, and these changes affect our work, any and all liability against CEC arising out of such changes is waived and you assume full responsibility for such changes unless you have given us prior notice and have received from us written consent for such changes. 13.3 CLIENT Requested Changes: Upon receipt of a change requested by CLIENT, CEC will obtain price quotations from our subcontractors and shall provide CLIENT with a quotation of the cost of having the change performed, and any increase in contract time caused by the change. CLIENT shall authorize the requested change by amending the contract price and contract time. 14.0 CONSTRUCTION OBSERVATION AND CONSTRUCTION MANAGEMENT SERVICES If CEC is retained by the CLIENT to provide a site representative for the purpose of observing specific portions of the construction work as set forth in the PROPOSAL,then this section applies. For the specified assignment, CEC will report observations and professional opinions to the CLIENT. No action of CEC or CEC's site representative can be construed as altering any AGREEMENT between the CLIENT and others. CEC will report anyobserved work to the P CLIENT which, in CEC's professional opinion, does not conform with plans and specifications. CEC has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for the CLIENT. Furthermore, CEC's presence on the site does not in any way guarantee the completion or quality of the performance of the work of any party retained by the CLIENT to provide construction related services. CEC will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction selected by any agent or AGREEMENT of the CLIENT, or safety precautions and programs incident thereto. When CEC provides construction observation or management services on the job site during project construction, it is understood that, in accordance with generally accepted practices, the contractor shall be solely and completely responsible for working conditions on the job site, including safety of all persons and property during the performance of the work and compliance with OSHA regulations, and that these requirements will apply continuously and not be limited to Schedule of Terms and Conditions Environmental Projects Page 5 normal working hours. Any monitoring of the contractor's performance conducted by our personnel will not include review of the adequacy of the contractor's safety measures in, on or near the construction site. CEC disclaims any and all responsibility and liability for damages that result from implementation of CEC's plans, specifications, or recommendations when CEC is not retained to observe such implementation. 15.0 NOTIFICATION OF HAZARDS It is CLIENT's duty to notify us of any information CLIENT has with respect to the existence or suspected existence of Biological Pollutants, Hazardous Materials, oil, or asbestos in the environment, including but not limited to the air, soil, and water at the site. CLIENT will advise CEC immediately of any information which CLIENT receives regarding the existence of any such Hazardous Materials or conditions at the site which might present a threat to human health and safety or the environment or impact CEC's work products. 16.0 DELAYS, SITE CONTROL, CONFIDENTIALITY AND DISCLOSURE CEC does not assume, by virtue of performing work on or near the site, the responsibility or liability for any aspect or condition of the site which may now or later exist to be discovered. In particular,we do not assume the responsibility to report to any governmental or regulatory agency the existence of any conditions of the site which may present a threat to human health, safety or the environment. CEC will not intentionally divulge information regarding the proposal, our services or the report, and which is not in the public domain, except to CLIENT or those whom CLIENT designates. Notwithstanding the foregoing, you understand that we will comply with judicial orders and applicable laws and regulations regarding the reporting to the appropriate public agencies of potential dangers to the public health,safety or the environment. 17.0 RCRA COMPLIANCE Nothing contained in this Agreement shall be construed or interpreted as requiring CEC to assume the status of a generator, storer, treater, transporter, or disposal facility within the meaning of the Resource Conservation and Recovery Act of 1976, as amended, or within the meaning of any similar Federal, State, or local regulation or law. 18.0 DELAYS Delays not the fault of CEC or contractors shall result in an extension of the schedule equivalent to the length of delay. If such delays result in additional costs to CEC, the total project cost shall be equitably adjusted by the amount of such additional costs. 19.0 MEDIATION AND ARBITRATION 19.1 Scope of Clause: Any claim arising out of or related to this Agreement, except claims which are specifically excluded from mediation and arbitration as set forth in the "Exclusions" paragraph of this section of the Agreement, shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. With the exception of the claims set forth in the "Exclusions" paragraph of this section of the Agreement, the mediation and arbitration provisions of this section shall apply to any and all disputes between CLIENT and CEC which arise from or which are in any way related to this Agreement, including, but not limited to, the interpretation of this Schedule of Terms and Conditions Environmental Projects Page 6 Agreement, the enforcement of its terms, and any acts,errors, or omissions of CEC in the performance of this Agreement. 19.2 Notice of Dispute: Within forty-five (45) days of the occurrence of any incident, action, or failure to act upon which a claim for relief is based, the party seeking relief shall serve the other party with a written notice specifying the nature of the relief sought, the amount of relief sought, a description of the reason relief should be granted, and a citation of the appropriate portions of this Agreement that authorize the relief requested. The Notice of Dispute requirement under this paragraph does not pertain to the claims excluded from mediation and arbitration as described in the"Exclusions"paragraph of this section of the Agreement. 19.3 Meet and Confer: Within ten (10) days of receipt of the Notice of Dispute, the parties shall meet and confer in a good faith attempt to resolve the dispute. Participants in the meet and confer must have the authority to enter into a resolution on behalf of each party. Attorneys representing the parties may not be present at this meeting. The Meet and Confer requirement under this paragraph does not pertain to the claims excluded from mediation and arbitration as described in the"Exclusions"paragraph of this section of the Agreement. If, as a result of the parties having met and conferred, an agreement is reached resolving the dispute,the parties shall immediately execute an addendum to this Agreement setting forth the terms of their agreement. 19.4 Facilitated Mediation: If no agreement is reached, or if the agreement does not resolve all of the issues encompassed by the Notice of Dispute, the parties shall resolve their claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and the American Arbitration Association. The Request for Mediation may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 19.5 Fees and Location: The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Pittsburgh, Pennsylvania, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 19.6 Arbitration: Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the paragraphs set forth above. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. Demand for arbitration shall be filed in writing with the other party to this agreement and with the American Arbitration Association. 19.7 Demand for Arbitration: A demand for arbitration shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitations. Schedule of Terms and Conditions Environmental Projects Page 7 19.8 Limitation on Consolidation or Joinder: Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, any person or entity not a party to this Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, and (3) the interest or responsibility of such person or entity in the matter is not insubstantial. This agreement to arbitrate and any other written agreement to arbitrate with an additional person or persons referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 19.9 Claims and Timely Assertion of Claims: The party filing a notice of demand for arbitration must assert in the demand all claims then known to that party on which arbitration is permitted to be demanded. 19.10 Judgment on Final Award: The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 19.11 Non-Admissibility and Confidentiality: The Meet and Confer and the Facilitated Mediation are conducted under the provision that evidence may not be introduced at any later proceeding of any communication, statement, document provided, expert opinion, expert report, or offer to compromise unless such was made, provided, or disposed outside of, and not in connection with, the Meet and Confer or Facilitated Mediation. Under no circumstances may the mediator, or any documents created or maintained by the mediation, be subpoenaed, nor shall the mediator testify in any subsequent proceedings. All communications, statements, documents provided, expert opinions, expert reports, or offers to compromise are confidential and may not be disclosed without the written consent of the party making the statement or offering the information. 19.12 Cross-Claims: If a party contends that all or part of a claim described in the Notice of Dispute is offset by a cross-claim, or if a party contends that it has a claim which arises out of the same factors upon which the Notice of Claim is based, the party must, within seven days after receipt of the Notice of Claim, provide a written Notice of Cross-claim setting forth the same information as required in a Notice of Claim. The cross-claim shall be resolved in the Meet and Confer or the Facilitated Mediation in the same manner as the claim described in the Notice of Dispute. Any agreement reached in the Meet and Confer or the Facilitated Mediation shall bar the later assertion in any action, arbitration, or other proceeding of any cross-claim which was required to be asserted by this section unless the parties' written resolution agreement explicitly reserves such cross-claim. 19.13 Exclusions: The mediation and arbitration provisions of this section do not apply to claims which arise out of or relate to disputes between CEC and CLIENT concerning amounts owed CEC for performance of services and/or disputes between CEC and CLIENT concerning the payment of CEC's invoices as provided in the "Billing and Payments" section of this Agreement. Rather, CEC and CLIENT agree that any court of record of Allegheny County, Pennsylvania, shall have jurisdiction and venue over any claims excluded from mediation and arbitration as provided herein. Schedule of Terms and Conditions Environmental Projects Page 8 20.0 MISCELLANEOUS 20.1 Controlling Law: The law of the Commonwealth of Pennsylvania will govern the validity of these TERMS, their interpretation and performance, as well as the contract entered into between the parties to which these TERMS relate. If any part of this Agreement shall be held illegal, unenforceable, void, or voidable by any court of competent jurisdiction, each of the remainder of the provisions shall nevertheless remain in full force and effect as a separate contract and shall in no way be affected, impaired, or invalidated. 20.2 Attorneys' Fees: If any action or arbitration or other proceeding is commenced to enforce any of the terms of this Agreement, the performance thereof, or of any other judgment embodying any of its provisions, the prevailing party shall be awarded reasonable attorneys'fees, costs, and expenses in addition to any other relief granted. 20.3 Severability/Integration/Modification: This Agreement, including attachments incorporated herein by reference, represents the entire Agreement and understanding between the parties, and any negotiations, proposals, or oral agreements are intended to be integrated herein and to be superseded by this Agreement. This Agreement may not be modified or altered, except by an Agreement in writing and signed by authorized representatives of both parties hereto, which specifically refers to this Agreement. 20.4 Definition of Hazardous Materials: The term Hazardous Materials shall mean any toxic substances, chemicals, pollutants, or other materials, in whatever form or state, including, but not limited to smoke, vapors, soot, fumes, acids, alkalis, minerals, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollutant, that is known or suspected to adversely affect the health and safety of humans or of animal or plant organisms, or which are known or suspected to impair the environment in any way whatsoever and shall include, but not be limited to, those substances defined, designated, or listed in Section 4004 of the Solid Waste Disposal Act (42 USC Subsection 6903); Section 9601(14)) of the Comprehensive Environmental Response, Compensation and Liability Act (42 USC Subsection 9601(14); as listed or designated under Sections 1317 and 1321(b)(2)(a) of the Title 33 (33 USC Subsections 1317 and 1321(b)(2)(a)) or as defined, designated, or listed under any other federal, state, or local law, regulation, or ordinance concerning hazardous wastes,toxic substances,or pollution. 20.5 Definition of Biological Pollutants: The term "Biological Pollutants" includes, but is not limited to, molds, fungi, spores, bacteria, and viruses, and the by-products of any such biological organisms. 20.6 Waste Manifests: If during remedial construction activities waste manifests are required, CLIENT shall provide an authorized person to sign manifests or agrees to provide CEC with a written limited power of attorney to sign manifests. 21.0 DESIGN/BUILD SERVICES In the event the scope of work includes design/build services, Section 14.0 "Construction Observation and Construction Management Services" shall not apply. The following shall apply for Design/Build Services. Schedule of Terms and Conditions Environmental Projects Page 9 21.1 Project Budget: Prior to engaging subcontractors, unless otherwise directed by the CLIENT, CEC shall analyze the requirements of the work and shall prepare an estimated construction budget for review by CLIENT. CLIENT understands that CEC does not warranty or guarantee the estimated budget and that significant variations from the estimated budget can occur due to unforeseen conditions, fluctuations in the contracting market, changes in technologies, and changes in the regulatory environment. CEC shall endeavor to advise CLIENT promptly when CEC becomes aware of significant changes to the estimated construction budget. 21.2 Design Services: CEC shall prepare plans and specifications in sufficient detail to permit the work to be completed by competent subcontractors. The designs and specifications shall be prepared in accordance with the customs and practices of competent engineers, but CEC does not warrant or guarantee the work. Where portions of the work contain elements to be designed and constructed by subcontractors, CEC shall prepare outline specifications for such elements and shall review the plans and specifications prepared by CEC's subcontractors to determine whether the proposed design-build elements are consistent with CEC's design intent. CEC may rely upon professional certifications received from such design-build contractors without checking the accuracy of the engineering certified. CEC shall prepare all submissions necessary to receive governmental approval for commencement of construction, but shall not be responsible for the cost of any fees or permits, unless included as a specific budget line item. 21.3 Bidding Services: CEC shall interview and engage subcontractors to perform all or a portion of the work. CEC shall provide copies of plans and specifications to interested subcontractors at their expense and shall provide such interpretation or clarification as the bidding subcontractors reasonably request. Nothing in this paragraph shall require that services or equipment be obtained through competitive bidding or be available from more than one source. 21.4 Implementation Services: CEC shall direct and coordinate the subcontractors' work on CLIENT's behalf. CEC shall prepare a construction schedule indicating the tasks to be performed by its subcontractors and the duration of such tasks. The schedule shall be periodically brought up-to-date and shall be available for CLIENT's review. CEC shall convene a pre-construction meeting with its subcontractor(s) and other significant parties to provide an overview of the project and to respond to questions. CEC shall prepare a memorandum of the discussions and any directions issued. During the course of construction, CEC shall convene meetings with its subcontractor(s) as are necessary for the efficient coordination of the work. CEC shall prepare and maintain a memorandum of the discussions, and any directions issued. CEC shall respond to reasonable inquiries from its subcontractors seeking clarification of the plans and specification or decisions regarding unforeseen conditions. Schedule of Terms and Conditions Environmental Projects Page 10 CEC shall review shop drawings, design-build documents, and submittals to determine if they are reasonably consistent with the intent of the plans and specifications. CEC may rely upon professional certifications received from any contractors. CEC shall maintain a site presence as reasonably necessary to direct and coordinate the work of its subcontractors and to observe the performance of the work. CEC shall maintain a written record of site visits which shall describe the progress of the work and which shall record any questions raised by its subcontractors and any directions issued. CEC shall prepare any clarifications or supplementary instructions reasonably necessary to enable its subcontractors to complete the work in accordance with the intent of the Contract Documents. CEC shall review its subcontractors' invoices to determine, in general, if the invoice is consistent with the progress of the work. 22.0 BIOLOGICAL POLLUTANTS CEC's scope of work, unless specifically outlined in our written scope of services, does not include the investigation or detection of the presence of any Biological Pollutants in or around any structure. CLIENT agrees that CEC will have no liability for any claim regarding bodily injury or property damage alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants, in or around any structure. In addition, CLIENT will defend, indemnify, and hold harmless Consultant from any third party claim for damages alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants in or around any structure, except for damages arising from or caused by CEC's sole negligence. END OF TERMS AND CONDITIONS REVISED March 24,2003 Env.T&C STATE OF ILLINOIS ) May 7, 1998 )ss. COUNTY OF KENDALL ) INTERGOVERNMENTAL COOPERATIVE AGREEMENT. In accordance with the declaration in Section 10 of Article VII of the Constitution of the State of Illinois and the Intergovernmental Cooperative Act, the UNITED CITY OF YORKVILLE ("City" herein) and YORKVILLE-BRISTOL Sanitary District ("Sanitary District" herein), the parties, agree as follows: WITNESSETH WHEREAS,the City of Yorkville and the Sanitary District are duly organised and authorized governmental bodies existing in Kendall County, Illinois; and WHEREAS, each governmental entity desires to enter into a mutual Intergovernmental Cooperative Agreement for the collection of water and sewer fees and users charges, and to consolidate the issuing of statements and collection of monies therefore; and WHEREAS,each party deems it in the best interest of the respective governmental body and for efficient and cost effective collection and billing for said services the parties do now hereby agree as follows: 1. Yorkville-Bristol Sanitary District will pay the United City of Yorkville Ten Thousand Dollars per year($10,000.00) effective May 1, 1998,per year for services rendered in the billing of statements and collection of all Sanitary District Fees and user charges, Said amount shall be reviewed at the end of each Fiscal year. The annual fee collected by the United City of Yorkville 1 maybe increased at such review date to reflect actual cost increases, and additional cost incurred to implement billing and collection programs for the Yorkville-Bristol Sanitary District upon ninety (90) days advanced notice before the April 30 end of the City Fiscal yes. 2. The City agrees to provide the Sanitary District with a computer disc showing all billing records periodically at the request of the Sanitary District. Further with each billing period,the City agrees to provide the Sanitary District with a hard copy of the amount billed, and with each monthly payment made by the City to the Sanitary District,the City shall provide a record of those amounts received in payment of Sanitary District bills, and a monthly delinquency list. 3. The City shall provide the Yorkville-Bristol Sanitary District with lists-of any new customers on a timely basis,no less frequently than semi-annually, and shall also provide a ledger of accounts and account balances upon request to the Sanitary District. 4. The City agrees to pay the Sanitary District by the following Monday after the second City Council Meeting of each respective month for the amounts collected on behalf of Sanitary 0 District for the previous month. The City further shall impose a ten percent(10%) late penalty fee on any customer paying said charges late, which shall be remitted as part of the normal monthly payment to the Sanitary District. 5. Each party shall be responsible to determine the amount of its respective charges made for each billing period and the Sanitary District shall provide at least 90 day advance notice to the City of any change in rate so as to allow the City sufficient time to adjust its billings. 6. Each party shall reserve the right to make adjustments on any billing for any specified period in which it appears that any customer or user has been misbilled by either party. 7. The City Clerk shall forward to the Sanitary District notice of any bankruptcy proceedings 2 as to any user which are received by the City Clerk. 8. The Agreement shall be governed by the Ordinances from time to time enacted,modified, and amended by either the City or the Sanitary District. Nothing contained herein shall give either party a right to modify the termination provisions or the charge of the City to the Sanitary District, except in conformance with paragraph#1 of this Agreement. 9. Each party shall continue to maintain insurance coverage on its separate governmental property, and hold the other harmless and indemnify each governmental entity one from the other for any claim or liability resulting from the individual acts of the Sanitary District or the City. 10. Nothing contained herein shall be construed as delegating or authorizing the expenditure of any public monies or the delegation of any authority by any governmental entity not permitted by law, it being expressly understood that the expenditures undertaken herein are based on actual cost of services provided respectively by the governmental entities involved. 11. This agreement shall continue unless sooner terminated upon written notice by one governmental entity to the other with at least six months advance notice. IN WITNESS WHEREOF,the undersigned governmental bodies have each executed this Agreement this ) day ofead` , 1998. YORKVILLE-BRISTOL SANITARY DISTRICT / v By: (1/dri 3 Attest: 1 � Od ,0•15' anitary District Clerk Date UNITED CITY OF YORKVILLE By: /, _ Mayor 4# Date Attest: City Clerk Date Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 F:\CLIENTS\CITYOFYO\INTERAGR\SANITARY 4 Y�RKvLLLE 1 ' 0 0 k3 II lic PARKS&RECREATron► Yorkville Parks&Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: vorkrecdepaol.com Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo To: Art Prochaska, Mayor From: Laura J. Brown, Executive Director Date: November 24, 2003 Cc: Tony Graff, City Administrator Re: IDNR COLT Grant Award We were notified by the Illinois Department of Natural Resources that the COLT Grant for the land acquisition for the West Hydraulic Greenway that was previously frozen by the Governor's Office has been release. We have received the grant agreement and required forms that must be signed and returned to the IDNR Office as soon as possible. I have forward a copy of the information to the Attorney's Office. In addition, I would like this item placed on the Committee of the Whole Meeting for December 2nd. At the December 2nd meeting we will need approval to proceed Suggested Motion: Authoring the Mayor to execute the grant agreement for $100,000 with IDNR for the acquisition of the West Hydraulic Greenway, which is currently being held in trust by CorLands. And To authorize the Mayor, Staff and City Attorney to spend the Parks Land Cash Acquisition for the balance owed to acquire the greenway from CorLands, (approximately$55,000 plus fees). 1 1-4 Wz- Illinois Department of # w Natural Resources g , Rod R. Bla o'evich Governor One Natural Resources Way• Springfield, Illinois 62702-1271 Joel Brunsvold, Director http://dnr.state.il.us November 18,2003 Ms.Laura Brown,Executive Director United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Re: Project #COLT 02-30 United City of Yorkville Hydraulic Riverfront Greenway Grant Award: $100,000 Dear Ms.Brown: This letter verifies the award of the above referenced project under the Department's Caucus Open Land Trust funds. Your project has been assigned the above referenced project number and approved for the dollar amount indicated. All future correspondence and submittals concerning the project should reference the specified project number. Enclosed are two copies of the grant agreement for the project which indicate approved acquisition costs and grant reimbursement. PLEASE REVIEW THE DOCUMENT AND REQUIRED EASEMENT CAREFULLY. If the Agreement is acceptable,please have both copies signed by an appropriate official from your agency and fax one copy as soon as possible to(217)782-9599. Once the documents have been validated by the Department,one copy will be returned to you for your files. Please note that acquisition of the project property must be completed by the expiration date indicated on the grant agreement(i.e.,December 31,2004). If a purchase price for the property has already been negotiated with the seller(s),you may proceed to close on the property(the Certification of Voluntary Transaction form sent to you previously,must be executed). Keep in mind,however, that COLT grant payment is limited to 90%of eligible costs determined by the DNR or the actual grant amount, whichever is less. If your agency has not had an appraisal completed for the above referenced property please do so at this time.A copy of the Appraisal Requirements&Instructions for your appraiser is enclosed. Also,keep in mind that the use or threat of eminent domain is not allowed for COLT projects. Printed on recycled and recyclable paper Page 2 Laura Brown November 18,2003 Once the project property has been acquired,the following documentation must be submitted as part of the Final Project Billing for grant reimbursement: A. Copy of recorded Deed(a); B. Copy of Title Insurance Policy showing fee simple title vested in the project sponsor and insured to the full value of the land and improvements thereon; C. Executed"Title Affidavit" (form enclosed); D. Copy of Acquisition Closing Statement; E. Copies of all canceled checks as evidence of payment; F. As applicable,the completed Certification of Voluntary Transaction form(previously sent) or Statement of Just Compensation form(enclosed); G. Copy of"final plat"map(s)(no larger than 11"X 17")for property(ies)acquired signed by local official certifying accuracy of map(s). H. Completed "Billing Form", `Billing Certification Statement" and "Parcel Tabulation" (enclosed). (a) Keep in mind that the "conservation easement" specified in the project grant agreement (or as otherwise approved by DNR)must be recorded with the deed If you have any questions concerning this information,please contact me at 217/782-7481. We look forward to working with you in acquiring this important piece of open space land. Sincerely, titi144/ 1/a1/1/0 Mick Rosendahl Senior Grant Administrator Division of Grant Administration MR:tah Enclosure: Project Agreement(2 copies) Preface to Appraisal Specifications Appraisal Requirements &Instructions Title Affidavit Billing Form and Certification Statement Parcel Tabulation Statement of Just Compensation H:OcdGrant/Grants/CorresbyProgram/COLT/FY02/Yorkville,City of,COLT 02-30 Printed on recycled and recyclable paper STATE OF ILLINOIS DEPARTMENT OF NATURAL RESOURCES ACQUISITION PROJECT BILLING FORM (OPEN LAND TRUST GRANT PROGRAM) • Project #: Project Sponsor: Project Title: Billing #: Local Agency F.E.I.N. (Cost Category) (Eligible Costs/Expenditures) a) Land Purchased, including structures b) Land Donation (Approved CFMV Value) ATTACH: Acquisition Billing Certification Statement and Parcel Tabulation c) Project Appraisal Costs d) Archaeological Survey, if applicable e) TOTAL f) Less Local Agency Share g) Amount of Grant Reimbursement Claimed • I hereby certify 1) that this Billing is correct and just and based on actual payment(s) of record by the local project sponsor; 2) that payment from the State of Illinois has not been received for these costs; and 3) that project acquisition was in accordance with provisions of the Illinois Open Land Trust (OLT) program (17 Adm Code 3050) , the signed Project Agreement, including amendments thereto, and general provisions of the federal Uniform Relocation Assistance & Real Property Acquisition Policy Act of 1970 (49 CFR, part 24) and/or the state Displaced Persons Relocation Act (310 ILCS 40/et seq.) , as applicable. BY: 7 (signature) (Name) (Title) DATE: (AGENCY) Disk 06. G-6H OLT Project Billing Form 5/02 OLT ACQUISITION PROJECT BILLING CERTIFICATION STATEMENT Project#: Project Sponsor: Project Title: On behalf of the Project Sponsor, I hereby certify that I understand and agree that the real property acquired per the above referenced OLT grant project must be used for public open space purposes in general accordance with the grant Project Agreement, 17 IL Adm. Code 3050 and the Open Land Trust Act, 525 ILCS 33, and that: 1) all non-public open space uses of the site existing at the time of acquisition, including agricultural practices,will be terminated at the end of the current calendar year unless otherwise approved by the Illinois Department of Natural Resources (DNR); and 2) open space management and development of the site, in general accordance with plan submitted with the approved grant application, shall commence within three (3)years following property acquisition unless otherwise approved by the DNR It is further understood and agreed, unless otherwise approved by the DNR, that the subject property will be appropriately signed as public parkland/open space and be available for interim public outdoor recreation use between the time of property acquisition and scheduled recreation development consistent with the property's resource capabilities. Signature: Name: Title: (Chief Elected Official) Date: ATTESTED BY: (Signature) (Name&Title:chief administrative officer) Form G6-1 OLT certform.acq 10/30/00 STATE OF ILLINOIS . DEPARTMENT OF NATURAL RESOURCES PARCEL TABULATION Project Sponsor: Project Title: Project Number: Parcel Acreage/ Final Number Square Footage C.F.M.V.* Purchase Price Site Acreage Breakdown: cropland pasture forest other* (*urban,prairie, wetlands,waterbody,wasteland, etc.) * Certified Fair Market Value as approved by IDNR *Disk #6, G-6r *Parcel Tabulation -OLT *05-9-02 Waiver of Rights to Just Compensation RE: Project# Parcel# I, , have been informed of all my rights and benefits under the (seller/grantor) federal"Uniform Relocation Assistance and Real Properties Acquisition Policy Act of 1970",as amended,and/or the Illinois Displaced Persons Relocation Act and have been provided with a"Statement of Just Compensation"and a written"Offer to Purchase"on the subject property for the appraised value of$ (Amount) Of my own choice,I have elected to accept an amount less than the specified appraised fair market value for the following reason(s): (Signature of Seller/Grantor) (Date) • STATEMENT OF JUST COMPENSATION SUMMARY OF PROPERTY ACQUISITION AND OFFER TO PURCHASE Project: County: Parcel# OWNER(S)OF REAL PROPERTY: LOCATION OF PROPERTY: In compliance with Sec.301 of the federal Relocation Assistance&Real Property Acquisition Policies Act(P.L.91-646,49 CFR 24) and/or the Illinois Displaced Persons Relocation Act(310 ILCS 40 et.seq.),the following summary has been prepared to fully inform you, the seller, of the details of the acquisition of(a portion of)your property for purposes. The legal description of the parcel to be acquired is attached hereto. I. Existing Property: Total Size/Area: (acres/sq.ft.)more or less Highest and Best Use as appraised: Fair Market Value of Entire Property* . $ *Fair Market Value of Entire Property is based upon a State-approved appraisal and is not less than the appraiser's opinion of fair market value which was determined after a personal inspection of your property,at which time you or your representative were given the opportunity to accompany the appraiser. The appraisal takes into consideration the location of your property,its highest and best use,current land sales of properties similar to your property and other indicators of values as may be necessary,(i.e., ). 2. Land to be Acquired: Estate or Interest to be acquired: Total Land Areas to be acquired: (acres/sq. ft.) 3. Major Improvements and All Fixtures to be acquired: • 4. Compensation for Property Acquired( acres/sq.ft.): Fair Market Value,including all improvements,as part of the Whole Property: $ Damage to the remaining property as a result of the acquisition: $ Total compensation for the property acquired: $ 5. Other Consideration: ( ) $ ( ) $ Total Other Consideration: $ 6. Total Just Compensation for Entire Acquisition: $ (includes all interests in the land required for the proposed public project,and damage to the remaining property,if any) Any increase or decrease in the market valuation caused by the public improvement or project for which property is to be acquired,or by the likelihood that the property would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner,has been disregarded in making the determination of just compensation. • Statement of Just Compensation &Offer to Purchase Page 2 Project: Parcel#: You may wish to retain and remove some,or all,of the improvements included in the acquisition. If so,the following owner-retention values have been established for the improvements listed above in Item 3,and the total of the owner-retention values for the improvements retained will be deducted from the total compensation. IMPROVEMENT OWNER-RETENTION VALUE NOTE: Any agreement to retain such improvements does not convey with it a permit to move the improvements on,or over any State highway. It is suggested that you contact the Illinois Dept.of Transportation district office nearest you for information regarding application for a permit if one is needed. On behalf of the I hereby offer the property owner the total sum of$ determined as the fair market value by an independent appraisal,for the property described on the attached instrument(s),free and clear of all claims of other parties,liens, taxes and encumbrances. PRESENTED BY: (Chief Elected Official) (Signature) DATE: STATEMENT OF OWNER I have read the preceding summary describing how this appraised value was established and was offered the stated value of $ . I further state that: There are no persons living on the property. There are no businesses being conducted on the property by others. The following persons are living or conducting business on the property(including owner if in occupancy). Give name and address: Signed Owner or Representative Address • Please note that the signing of this statement by the owner(or representative)DOES NOT constitute an acceptance of the herein stated offer to purchase. *Disk 16,G-16W *Statement of Just Compensation •RPvkcid na-nc-oo PREFACE TO APPRAISAL SPECIFICATIONS (for the appraiser) • The land being appraised will be acquired with state or federal funding assistance provided through the Illinois Department of Natural Resources. Therefore, ALL appraisals must conform to EITHER the most current Uniform Standards of Professional Appraisal Practice (USPAP) or the most current Uniform Appraisal Standards for Federal Land Acquisitions whichever is applicable. In other words,if it is solely a state-funded acquisition, follow the USPAP standards. If the acquisition involves any type of federal funding,follow the federal standards (often referred to as the "yellow book"). Contact the Illinois Department of Natural Resources if you are unsure which appraisal standards apply. Appraisals must be prepared in full accordance with the attached Specifications for Analytical Narrative Appraisal Reports and the Appraisal Checklist adopted from the Uniform Appraisal Standards for Federal Land Acquisition. These standards must be utilized in preparing the appraisal report and ALL information specified therein, must be included. • The Appraisal Checklist MUST be bound into the appraisal when it is returned to your client. You are to initial each specified item to signify that it is contained in the appraisal report. • Prior to initiating the appraisal, your client will advise you of the legal description of the property to be acquired. If the parcel is a part of a larger total holding,the legal description of both the total holding and the part to be acquired must be provided to you. If the total holding is to be acquired by your client, but only a portion is to receive State or federal funding assistance, a separate value must be established for the part that is to receive the State/federal funding assistance(your client will advise you if this situation applies). • In order to determine any restrictions placed on the property, your client must provide you with a current Commitment for Title Insurance prior to initiating the appraisal. This Commitment should advise you of any restrictions placed on the rights of the property to be transferred so that the determination of the property's value involves full consideration of the rights remaining with the property and,where appropriate,the effect the loss of any of these rights has on its value.Appraisals are to be based on the economic Highest and Best Use of the property. When an appropriately determined Highest and Best Use is affected by a deed restriction, exception of easement, the appraisal must consider such an effect on the property's value. • Return the completed appraisal(s) to your client who will then forward it (them) to the Illinois Department of Natural Resources for review. APPRAISAL REQUIREMENTS AND INSTRUCTIONS for lands acquired with Illinois Department of Natural Resources(IDNR)grant assistance General Instructions/Requirements • A Complete,Self-Contained or Summary narrative appraisal report,prepared in accordance with the attached Specifications for Analytical Narrative Appraisal Report,is required for each separate parcel having a value estimate over$25,000. Restricted Use reports are NOT acceptable. At the sole discretion of the DNR review appraiser, a second appraisal may be requested if deemed necessary to properly substantiate a parcel's value. • Two Complete,Self-Contained or Summary narrative appraisal reports are required for all parcels that involve a seller donation totaling 50% or more of the land's anticipated fair market value unless otherwise waived by the IDNR. • Limited,Self-Contained or Summary narrative appraisal reports may be used for parcels with a value estimate less than $25,000 provided the parcels are either unimproved, the improvements contribute no value to the property, or are vacant residential lots in a platted subdivision. A properly documented Limited, Restricted Use appraisal may ONLY be accepted for parcels having an estimated value of less than$5,000. • Required appraisal reports must be prepared by a qualified licensed appraiser approved by the Illinois Department of Natural Resources (see cover letter accompanying these instructions). • Advise your hired appraiser(s) how the land being appraised will be acquired (i.e. with federal and/or state grant assistance). Each required appraisal report MUST be prepared in full accordance with the attache specifications and submitted to the Illinois DNR for review. The local sponsor's appraiser will be responsible for providing any delinquent or supplemental information that may be necessary for compliance with the attached specifications and/or to accurately determine the market value of the project property. Documents for Appraiser 1) Provide your appraiser(s) with the following: • copies of the attached Preface to Appraisal Specifications • Specifications for Analytical Narrative Appraisal Reports,and • the Appraisal Checklist. 2) These documents MUST be utilized in preparing the appraisal reports(s)and all information specified therein must be included. Retain a copy of the Preface, Specifications and Checklist for your own internal review of the appraisal report(s). An internal review of each appraisal report must be completed by your agency prior to submitting the report(s) to the DNR for review. Note: for partial takes or partial grant assistance. If the parcel is part of a larger total holding,the legal description of both the total holding and the part to be acquired must be given to the appraiser. If the total holding is to be acquired,but only a portion is to receive grant assistance,a separate value must be established for the part that is to receive the grant assistance. 3) A current Commitment for Title Insurance showing your agency as the proposed insured MUST BE purchased from a title insurance company and given to the appraiser prior to the commencement of work on the report. This is to determine any restrictions placed on the rights of the property to be transferred. A determination of the property's value involves full consideration of the rights remaining with the property and,where appropriate,the effect the loss of any of these rights has on its value. Appraisals MUST BE based on the economic highest and best use of the property. Appraisals based on a non-economic use ARE NOT acceptable. When an appropriately determined highest and best use is affected by a deed restriction, exception, or easement, the appraisal must consider such an effect on the property's value. Note: An updated Title Insurance Policy,showing fee simple title vested in your agency and insured to the full value of the property,will be required after property acquisition and before grant reimbursement can be provided. Submittal to the Illinois Department of Natural Resources Submit one original copy of the appraisal report(s)to the DNR for review after your internal review has been completed. A cover letter should accompany the report(s)that states the following: 1) The appraisal has been reviewed by your agency,using the instructions and checklist provided and certifying that all required information is included to the best of your knowledge. 2) The value of the property,as determined by the appraisal,and the appraisal itself,are acceptable to your agency. Illinois DNR Appraisal Review &Certification of Fair Market Value Once the appraisal(s)has/have been reviewed by the DNR and found to be prepared and documented in accordance with the enclosed Specifications for Analytical Narrative Report, the fair market value established therein for the property will be approved by the DNR for grant cost-sharing. Questions regarding appraisal requirements or approval of property fair market value by the Department should be directed to the DNR grant administrator for the project at 217/782-7481. Disk 16.G-16S Appraisal Instructions 10/01/02 INSTRUCTIONS FOR COMPLETING ATTACHED TITLE AFFIDAVIT The Title Affidavit is required to assure that there are no outstanding issues involving the real property being acquired, that are not of public record, that could require legal action and/or monetary payment by the buyer at some time after closing. The Title Affidavit should be executed by the grantor(s) or authorized agent who is familiar with the property being conveyed and can swear to the validity of the statements contained therein. The individual's name should be inserted on the first line of the Affidavit, and in the instance of an authorized agent acting in an official capacity for the Grantor(s), the official capacity stated. Throughout the Affidavit, strike out the language that is not applicable. Item 2. Insert the legal description of the property being conveyed or attach an Exhibit. Item 2. If there are others in possession of the premises other than the grantor(s) and/or the immediate family, insert the description of those parties, i.e. tenants. Item 3. Insert the name of the local agency that is acquiring the property. Item 8. additional Payparticular attention to this item. If anynew or d improvements have been made that are of a material nature (minor improvements do not have to be noted), within the past three years, list those improvements; otherwise, write in the word "None." Item 9. Strike out if property is improved. Items 10 and 11 . Strike out if property is vacant. The affidavit is to be executed (signed) by the individual noted on the first line of the Affidavit, either the Grantor(s) or authorized agent. For an authorized agent, the name and official capacity of the agent should be typed beneath the signature. The Affidavit should be executed before a Notary Public. • •Disk#2,G-2N 'Title Affidavit Instructions&Title Affdavit •Revised 12-02-93 STATE OF ILLINOIS ) COUNTY OF ) TITLE AFFIDAVIT , being first duly sworn upon oath states as follows: [Grantor(s)or Affiant] 1. That the Grantor(s) [Affiant] has/have personal knowledge of the facts averred herein. • 2. There are no parties other than the Grantor(s)(and immediate family) in possession of any portion of the premises described as fol lows: 3. This affidavit is made for the purpose of inducing the [local agency] to accept a deed of conveyance for the premises herein described from the record owner(s)thereof. 4. The Grantor(s) [affiant] has/have no knowledge of any unrecorded easements over, under, upon or across the herein described premises. 5. There are no encroachments, overlaps or boundary line disputes involving the aforesaid premises to the knowledge of the undersigned. 6. There are no chattel mortgages,conditional sales contracts or financing statements existing on or in connection with the premises herein described. 7. There are no taxes or special assessments that are not shown'as existing liens by the public records involving the herein described premises. 8. That no material new or additional improvements have been made to or constructed upon the herein described premises within the past three years except as follows(if none so state): 9. The said premises are vacant and unimproved. (Or, in the alternative,if the premises are improved, the foregoing Item 9 should be omitted and Items#10 and#11 hereafter should be added as additional averments.) 10. There have been no improvements made,or contracted for,on the premises within four(4)months immediately preceding the date of the affidavit,out of which a claim for Mechanic's Lien could accrue or has accrued. 11. All improvements now on the premises described herein comply with all local building and zoning ordinances. Grantor(s)[Affiant]Signature Subscribed and sworn to before me, a Notary Public, this day of , 19 . • My commission expires: ...__.. .._.. ...- - STATE OF ILLINOIS Department of Natural Resources CAUCUS OPEN LAND TRUST GRANT PROGRAM PROJECT• AGREEMENT Project Sponsor: City of Yorkville Project Number: COLT 02-30 Address: 800 Game Farm Road FEIN Number: 36-6006169 Yorkville, IL 60560 Project Title: Hydraulic Street Riverfront Greenway Project Period: Start Date: November 7, 2003 Expiration Date: December 31, 2004 Project Scope (Description of Project/Costs) : The Project Sponsor will acquire from a willing seller, in fee simple title with no rights or reservations retained by the seller, approximately.52 acres of land as generally identified on the attached project plat map for public open space and compatible natural resource related outdoor recreation purposes as per. the approved project application on file with the Department of Natural Resources (DNR). The project property's fair market value for grant cost sharing purposes shall be established by an independent appraisal submitted to and approved by the DNR. Unless otherwise approved by the Department of Natural Resources, all non-recreation uses of the project property existing at the time of acquisition, including agricultural uses, shall be terminated within 12 months following_property acquisition and future management and recreational development of the site for public benefit and use shall commence within three (3) years following completion of site acquisition and be in general accordance with the approved project application plan(s) on file with the DNR. Property Description Estimated Cost See attached DOC-2 $155,000.00 PROJECT COSTS (Estimated) The following documents are hereby incorporated into, and Acquisition Costs $ 155,000 made part of this Agreement Appraisal Costs $ 1.General Provisions (attached) Archaeological Survey $ 2.Project Application TOTAL COSTS $ 155, 000.00 3. 4. FUND ASSISTANCE AMOUNT $100,000 or (90%) of eligible costs whichever is less ( ) DNR copy ( ) Sponsor copy 1 The Illinois Department of Natural Resources (DNR) and the Project Sponsor, agree to perform this Agreement in accordance with the Open Land Trust Act (525 ILCS 33) ; with the rules promulgated pursuant to the Act (17 IL Adm. Code 3050) ; and with the terms, promises, conditions, plans, specifications, maps, and assurances contained in the approved project application which, by reference, are specifically made a part of this Agreement. The DNR promises, in consideration of the promises and assurances made by the Project Sponsor, to obligate to the Project Sponsor the Fund Assistance Amount specified herein, and to tender to the Project Sponsor that portion of those Funds required to pay the State's share of eligible project costs as shall be determined based upon criteria set forth in 17 IL Adm. Code 3050. Obligations of the State will cease immediately without penalty of further payment being required if in any fiscal year the Illinois General Assembly or federal funding source fails to appropriate or otherwise make available sufficient funds for this Agreement. The Project Sponsor promises to complete the project as described in this Agreement, and operate and maintain the project site in accordance with the terms of this Agreement, and to pay any and all costs associated with the project in excess of the specified State obligation for Grant Funding Assistance. This Agreement, including the project application by reference and the General Provisions, Certifications, and project boundary map and development plan attached hereto, constitutes the entirety of the grant agreement between the Project Sponsor and Illinois DNR and supercedes all other agreements whether written or oral. This Agreement shall be governed in all respects by the laws of the State of Illinois. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the date entered below. STATE OF ILLINOIS PROJECT SPONSOR By: (Signature) (Agency) Director (Title) (Signature) Department of Natural Resources (Name) Date: (Title) Required additional signatures for contracts and contract renewals totalling$250,000 or more per Public Act 90-452. DNR Chief Legal Counsel DNR Chief Fiscal Officer Approved for use by DNR Legal Counsel,6/2000 • 2 GENERAL PROVISIONS OF THE PROJECT AGREEMENT OPEN LAND TRUST GRANT PROGRAM A. Definitions 1. The term"DNR"as used herein means the State of Illinois,Department of Natural Resources. 2. The term"project"as used herein means the approved project scope which is the subject of this Agreement. 3. The term"project site"as used herein means the land area encumbered by this Agreement and delineated(defined) on the project boundary map attached hereto. 4. The term "Project Sponsor" (grantee) as used herein means the local political subdivision which is a party to this Agreement and to which OLT funds are being provided pursuant to this Agreement. • 5. The term"OLT"as used herein means the State of Illinois,"Open Land Trust"grant program(17 IL Adm.Code 3050). B. Project Execution and Permits 1. The Project Sponsor agrees to execute and complete the approved project acquisition in accordance with the terms and time schedule set forth in the project proposal. Failure to render satisfactory progress or complete the approved project acquisition to the satisfaction of the DNR per terms of this Agreement may be cause for suspension and/or termination of all obligations of the DNR under this Agreement. 2. The Project Sponsor shall be responsible for developing the project site in general accordance with the site development/management plan submitted with the project application and approved by the DNR. Final development plans and specifications shall be available for review by the DNR upon request. 3. ENVIRONMENTAL AND CULTURAL RESOURCE COMPLIANCE: Planned development at the grant project site shall not commence and no payment shall be made under this grant until the Grantee,as set forth under the Department's Comprehensive Environmental Review Process(CERP),has initiated and completed all necessary project review and consultation or enter into a"memorandum of understanding"for such review with the Department as required by section 11 of the Endangered Species Protection Act, 520 ILCS 10/11; section 17 of the Illinois Natural Areas Preservation Act,525 ILCS 30/17;the mitigation or compensation determinations required by the Interagency Wetland Policy Act,20 ILCS 830/1 et seq.;and the environmental and economic impact determination required by Section 9 of the Historic Preservation Act,20 ILCS 3410/9. 4. In connection with planned development at the OLT-assisted project site,and subsequent operation and maintenance of the facility,the Project Sponsor agrees that it shall be responsible for and obtain all necessary permits,licenses or forms of consent, as may be required to complete the project. Non-compliance could jeopardize OLT grant reimbursement. C. Project Indemnification. The Project Sponsor covenants and agrees that it shall indemnify,protect,defend and hold harmless the DNR from any and all liability, costs, damages, expenses, or claims thereof arising under, through or by virtue of the construction, operation and maintenance and public use of the herein specified project facility. Neither the Project Sponsor nor its employees,agents or subcontractors shall be deemed to be an agent of the State of Illinois or Department of Natural Resources. D. Project Inspections. It is agreed by the Project Sponsor that a DNR representative shall have access to the project site and all facilities thereon to make periodic inspections of the project property to ensure continuing program compliance. E. Project Signage/Publicity. The Project Sponsor agrees to permanently post a grant acknowledgement sign, provided by the DNR, at the project site entrance. In lieu of the DNR provided sign, the Project Sponsor may choose the option to erect a permanent grant acknowledgment sign at the project entrance to comply with Project Sponsor signing standards,provided said sign bears the DNR logo and the following wording: "OPEN LAND TRUST PROGRAM" ILLINOIS DEPARTMENT OF NATURAL RESOURCES 3 F. Use of Project Site(Operation&Maintenance) 1. The Project Sponsor understands and agrees to operate and maintain the approved project site in a safe and attractive manner,in perpetuity,for the benefit of public open space and natural resource related outdoor recreation use as identified in the approved project application without regard to sex,race,color,religious belief,national origin,or place of residence, UNLESS otherwise approved by the DNR or the DNR determines that public access and use will be detrimental to the real property and associated natural resources. 2. Property acquired with OLT grant funds may not be sold,leased,exchanged,or otherwise encumbered,unless it is used to qualify for a federal program or,subject to DNR approval,it is transferred to the federal or state government or to a unit of local government for a compelling public purpose. In addition, the Project Sponsor agrees to convey to the DNR a conservation easement similar to that attached hereto on the property acquired pursuant to this Agreement. 3. No significant deviations from the approved project development/management plan or control of property interests in the project site shall be made without prior written approval from the DNR. Specific actions regarded as significant deviations,although not inclusive, are as follows: a. The granting of an easement,right-of-way,or other such encumbrance on title which divests control of the project site from the Project Sponsor to another individual,group,agency,or entity. b. Any significant modification to the approved project site plan or usage OR the change, alteration or disposition of the project site to other than public outdoor recreation use unless otherwise approved in this Agreement or by the DNR. The construction of any building including indoor recreation facilities,exclusive of outdoor recreation service or support structures and sanitary facilities,are considered a conversion in use as defined herein. c. The construction of overhead service utility lines on the project site subsequent to the date of this Agreement,excepting electric lines over 15 kv,unless otherwise approved by the DNR. (All future utility lines servicing the project site,except as noted,must be buried.) 4. The Project Sponsor may enter into a contract or agreement with responsible concessionaires to operate and/or construct appropriate facilities for the public and/or any other services as may be desired by the public and the Project Sponsor to enhance natural resource related outdoor recreation use of the project site. Any and all funds generated as a result of said contract or agreement shall be used for the operation and maintenance of,or improvement to,said project site. The lessee concessionaire,or licensee providing such service at the project site shall not discriminate against any person or persons on the basis of race,color,creed,national origin,disability or place of residence in the conduct of its operation under the lease,license or concession agreement 5. It is hereby agreed and understood by the Project Sponsor that any deviation or conversion of the project site(s)from approved OLT use, without DNR approval,shall be considered a breach of this Agreement and shall result in the Project Sponsor being held liable for replacing said converted property with comparable recreation land of at least equal fair market value at the time of conversion and comparable recreation usefulness,quality and location or as otherwise deemed acceptable by the DNR. G. Project Costs,Financial Records and Audit Requirements 1. Project costs eligible for assistance shall be determined upon the basis of criteria set forth for the OLT program as so specified in 17 IL Adm.Code 3050. 2. The Project Sponsor shall maintain, for a minimum of 5 years following project completion, satisfactory financial accounts,documents,and records associated with the project and the disbursement of grant funds pursuant to this Agreement, and shall make them available to the DNR and the State of Illinois, Auditor General, for auditing at reasonable times. Failure by the Project Sponsor to maintain such accounts,documents,and records as required herein shall establish a presumption in favor of the State of Illinois for recovery of any funds paid by the State per this Agreement for which adequate records are not available to support their purported disbursement The grantee shall be responsible for timely action in resolving any financial findings or questioned project costs. In the event that questioned costs are ultimately deemed disallowed by the Illinois DNR or its representative,the grantee shall be responsible for repayment of any grant funds allocated toward such costs. H. Compliance Requirements and Certifications/Assurances 1. The Project Sponsor agrees to complete the project in accordance with all applicable federal,State and local laws, ordinances and regulations. 4 2. The Project Sponsor certifies and shall be responsible for assuring that no official or employee of the Project Sponsor, who is authorized in his official capacity to negotiate,make,accept, or approve,or to take part in such decisions regarding a contract for acquisition/development of property in connection with this project,shall have any financial or other personal interest in any such contract for the acquisition/development. 3. The Project Sponsor certifies and shall be responsible for assuring that no person performing services for the Project Sponsor in connection with this project shall have a financial or other personal interest other than his employment or retention by the Project Sponsor;in any contract for acquisition or development of property in connection with this project. No officer or employee of such person retained by the Project Sponsor shall have any financial or personal interest in any real property acquired or developed for this project unless such interest is openly disclosed upon the public records of the Project Sponsor,and such officer,employee,or person has not participated in the acquisition for or on behalf of the Project Sponsor. 4. The Project Sponsor hereby certifies that to the best of its knowledge,no officer or employee has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois,nor has any Project Sponsor officer or employee made an admission of guilt of such conduct which is a matter of record. 5. The Project Sponsor understands,agrees to and has executed,as part of this Agreement,the attached Certifications. 6. It is hereby agreed and understood by the Project Sponsor that the rules and regulations heretofore and hereinafter promulgated by DNR relevant to the OLT program as set forth in 17111.Adm.Code 3050,shall be considered a material part of this Project Agreement. Project Termination 1. The State may unilaterally rescind this Project Agreement or the Project Sponsor may rescind the Agreement at any time prior to the commencement of the herein referenced project by way of written notification to the other party. After project commencement,this Agreement may be rescinded,modified,or amended only by mutual agreement among the parties. A project shall be deemed commenced when the Project Sponsor makes any expenditure or incurs any obligation,exclusive of appraisal and architectural/engineering fees,with respect to the project. 2. In the event of termination by the DNR,the Project Sponsor shall cease all prceedings under this Agreement and cancel all outstanding obligations if so directed by DNR and the State shall pay for its share of eligible project costs incurred up to the date of termination. 3. Failure by the Project Sponsor to comply with any of the above cited Project Agreement terms shall be cause for the suspension of all grant assistance obligations thereunder,unless,in the judgement of the DNR,such failure was not due to the fault of the Project Sponsor. 4. The parties agree that in the event of a breach of this Agreement by the Project Sponsor and notification from the DNR, the Project Sponsor shall have thirty(30)days to cure or correct the breach. If the breach is not cured or corrected, the DNR shall thereafter have full right and authority to take such action as it deems necessary to enforce the pro- visions of this Agreement,to prevent the continued breach or violation thereof by the Project Sponsor,or to seek other remedy that may be available by law.The DNR reserves the right to demand return of any state funds awarded under this Agreement or require the replacement of comparable land in the event of a"conversion in use"as described herein. It is further agreed by the Project Sponsor,that in the event it is adjudicated by any court that its activities are deemed to be a breach or violation of this Agreement,as a part of the relief awarded to the DNR,that the Project Sponsor wilt reimburse the DNR for legal fees and all costs incurred by the DNR in the pursuit of its right under this provision. For purposes of this paragraph,"legal fees'shall be deemed to be the entire sum presented for payment by any attorney or law firm to the DNR relating to the claim of the DNR alleging the Project Sponsor's breach or violation. For purposes of this paragraph,"costs"shall be deemed to be all these expenses,including court costs,reasonably incurred by the DNR. Disk#11,G-11CC OLT Project Agreement 09/26/00 •5 STATE OF ILLINOIS/Dept of Natural Resources C OLT/DOC-2: ACQUISITION DATA COLT Project Application United City of Yorkville Project Sponsor: Project Title: Hydraulic Street Riverfront & Greenway 1. Project Acquisition Data Parcel # Acreage Estimated Cost Estimated Acquistion Relocation Cost Code(*) 05-38-278-001,002,012,004 0.52 $155,000.00 F SUB-TOTAL 0.52 $155,000.00 Estimated Appraisal Fee Archaeological Survey Cost (If applicable) TOTAL 0.52 $155,000.00 Not OLT Eligible (*) F) Fee Simple Title E) Easement D) Donation 0(If other,please specify: ) Other: 2. List all existing structures on the project property and briefly describe their condition and what you intend to do with the structures. Also indicate if anyone is currently residing or storing personal property on the property or farming it. IDENTIFY ALL STRUCTURES ON THE PROJECT PLAT MAP(Attachment#2). cc •C� 3. Is any part or all of the land proposed for acquisition currently leased by the project sponsor(applicant)or covered in a purchase agreement,option-to-buy agreement,etc.? Yes[✓] No[ ] (If yes,please submit copy of agreement,lease,etc.) If a purchase agreement has been finalized on the property,the"Certification of Voluntary Transaction Involving Land Sale"form located on the following page must be completed and signed by the sellers)AND submitted with the application. NOTE: To ensure that the proposed project involves a"willing seller",IT IS ACCEPTABLE for a purchase agreement and referenced"Certification of Voluntary Transaction"to be executed between the project sponsor and seller(s) prior to application submittaL 4. The project sponsor MUST request,and submit as part of the application,a current "Commitment for Title Insurance" on the project property to verify that that title to the project property has been researched. The Commitment must show the project sponsor as the proposed insured. 5. Attach the qualifications(credentials)oftwo independent fee appraisers(must be state certified)showing their education and work experience including a list of appraisal clients and their state certification number. STATE OF ILLINOIS ) ) SS COUNTY OF ) CONSERVATION EASEMENT GRANT OPEN LANDS TRUST EASEMENT PURSUANT TO the Real Property Conservation Rights Act,765 ILCS 120, and Open Land Trust Act, 525 ILCS 33, (For Recorders Use Only) the ("Grantor") hereby grants and conveys to the State of Illinois,Department of Natural Resources ("Grantee"), conservation rights and easement, in perpetuity, over the property specified in IDNR grant project , and as described on Exhibit A attached hereto,of the nature and character and to the extent hereinafter set forth (the "Easement"), to have and to hold unto the State and its successors and assigns forever. Purpose. It is the purpose of this Easement to assure that the Property will be retained forever predominantly in its natural, scenic, and open space condition with development and use of the property limited to compatible resource based recreation as determined by Rule(17 IL Adm.Code Part 3050,et seq.) and that any significant cultural resources or natural plant and animal communities located on the property which are indigenous to Illinois will be preserved to the extent feasible. Grantee Rights. To accomplish the purpose of this Easement, the following rights are conveyed to the Grantee by this Easement: (a) To preserve and protect the native flora, fauna, cultural resources (prehistoric or historic archaeological sites or standing structures), soils, watersheds and drainage patterns of the subject property; (b) To view the subject property in its scenic and open condition at ground level from adjacent publicly accessible land; (c) To enter upon the subject property at reasonable times to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; (d) To enter upon the subject property at reasonable times and in the event of failure by Grantor, for management and maintenance including but not limited to planting native grasses and forbs, and to mow or burn vegetation to encourage its proper growth and maintenance; and (e) To enforce the terms of this Easement by appropriate legal proceedings so as to prevent any activity on or use of the subject property that is inconsistent with the purpose of this Easement, and to require the restoration of such areas or features of the subject property that may be damaged by any inconsistent activity or use. (page 1 of 3) 6 • Prohibited Uses. Any activity on or use of the subject property inconsistent with the purpose of this Easement and the Open Land Trust Act is prohibited. Without limiting the generality of the foregoing,the following activities and uses of the subject property are expressly prohibited: (a) The placement or construction of any buildings, whatsoever, or other improvements of any kind without prior written approval of the Grantee. The Grantee may approve requests to develop and build compatible resource based improvements to the subject property. (b) Any alteration of the surface topography and hydrology of the land (including, without limitation, grading or the excavation, removal or moving of soil, sand, gravel or vegetation, except as may be necessary in the course of any activity expressly permitted hereunder); (c) Any use or activity that causes or is likely to cause significant soil degradation or erosion or significant siltation or pollution of any surface or subsurface waters (including, without limitation,any use or application of pesticides or herbicides,except in accordance with a plan for such use or application approved in writing by the Grantee); (d) The draining, filling,dredging or digging of any wetlands, floodplains,foundations,cisterns, wells,or other areas located on the subject propertywithout written permission cif the Grantee; • (e) The sale, exchange, conversion in use, encumbrance of title or further subdividing of the subject property or use of said property for increasing the density of development of any real estate not covered by this easement; (f) The destruction or removal of the native flora,fauna or cultural artifacts located on the subject property, except as may be expressly approved by the Grantee; (g) The dumping,placing or storing of ashes,trash,garbage,landscape waste,or other such waste material; and (h) The operation or permitting to be operated of snowmobiles, motorcycles, all-terrain vehicles or any other type of motorized vehicle for recreational purposes (except the operation of vehicles used only in connection with natural resource management and maintenance activities permitted hereunder). NOW THEREFORE, the Grantor, for and in consideration of the above recitations and of the mutual covenants,terms,conditions,and restrictions hereinafter contained,and as an absolute and unconditional gift,does hereby give,grant,and convey unto the Grantee, a perpetual Conservation Right and Easement on, over, and across the subject property,consisting of the following and does hereby agree: Grantor agrees to incorporate this Agreement by reference in any deed or other legal instrument by which it divests itself of an interest in all or a portion of the subject property and to use reasonable efforts to notify Grantee of any such transaction. By the acceptance hereof the Grantee also agrees to be bound by the covenants binding on the Grantor as set forth above. TO HAVE AND TO HOLD the said Conservation Easement unto the Grantee forever. (Page 2 of 3) 7 Except as expressly limited herein, the Grantor reserves all rights as owner of the subject property, including the right to use said property for purposes not inconsistent with the terms of the referenced Open Land Trust Grant. The terms hereof shall be deemed to run with the land and be binding upon all successors and assigns of both the Grantor and the Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this Conservation Easement which shall be effective upon execution by Grantee below. GRANTOR: By: Its: (Title) • STATE OF ILLINOIS ) ) SS COUNTY OF ) I,the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that , the (Title) of , 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 they signed, sealed, and delivered the said Instrument as their free and voluntary act, for the uses and purposes herein set forth. GIVEN under my hand and notarial seal,this day of ACCEPTANCE BY GRANTEE Director, Illinois Department of Natural Resources STATE OF ILLINOIS ) ) SS COUNTY OF ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Joel Brunsvold Director (Title) of the Illinois Department of Natural Resources , 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 they signed,sealed, and delivered the said Instrument as their free and voluntary act,for the uses and purposes herein set forth. GIVEN under my hand and notarial seal,this day of , (page 3 of 3) s • CERTIFICATIONS (Contractor as stated herein refers to the Grantee or Project Sponsor) I. The Contractor certifies that it is not barred from being awarded a contract or subcontract under Section 50 of the Illinois Procurement Code(30 ILCS 500/50). II. The Contractor certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33-E3 or 33-E4 of the Criminal Code of 1961 (720 ILCS 5/33E-3, 720 ILCS 5/33E-4). III. The Contractor certifies that it is not in default on an educational loan as provided in Public Act 85-827(5 ILCS 385/1) (A partnership shall be considered barred if any partner is in default on an educational loan). IV. The Contractor is not prohibited from selling goods or services to the State of Illinois because it pays dues or fees on behalf of its employees or agents or subsidizes or otherwise reimburses them for payment of their dues or fees to any club which unlawfully discriminates(775 ILCS 25/1). V. Under penalties of perjury, I certify that the name,taxpayer identification number,and legal status listed below are correct. Name: Taxpayer ID/Social Security Number: OR Federal Employer Identification Number(FEIN) (If you are an individual,enter your name and SSN as it appears on your Social Security Card. If completing this certification for a sole proprietorship,enter the owner's name followed by the name of the business and the owner's SSN. For all other entities, enter the name of the entity as used to apply for the entity's FEIN.) Legal Status(Check one): D Individual ❑ Owner of Sole Proprietorship 0 Governmental Entity D Partnership 0 Nonresident alien individual ❑Tax-exempt hospital or extended care facility 0 Estate or legal trust D Corporation providing or billing 0 Foreign corporation, partnership,estate,or trust medical and/or health care services 0 Other: O Corporation NOT providing or billing medical and/or health care service VI. This certification is required by the Drug Free Workplace Act(30 ILCS 580/1)for contracts and grants effective January 1,1992. The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purposes of being awarded a contract from the State for the procurement of any property or services unless that the grantee or contractor will provide a drug free workplace and that individuals must not engage in the unlawful manufacture,distribution,dispensation, possession or use of a controlled substance in the performance of the contract or grant. False certification or violation of the certification may result in sanctions including, but not limited to,suspension of contract or grant payments,termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but not more than five(5)years. CONTRACTOR/GRANTEE: For the purpose of this certification,"grantee"or"contractor" means a corporation, partnership, or other entity with twenty-five(25)or more employees at the time of issuing the grant,or a department,division,or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State. 9 The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis,is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. (c) Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment,and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. INDIVIDUALS: If contractor is an individual,or an individual doing business in the form of a sole proprietorship,the individual certifies that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract. Vendor certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract. This requirement applies to contracts of more than$5,000. VII. In compliance with the State and Federal Constitutions,the Illinois Human Rights Act,the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act, the Department of Central Management Services does not unlawfully discriminate in employment,contracts, or any other activity. Contractor,its employees and subcontractors,agree not to commit unlawful discrimination and agree to comply with applicable provisions of the Illinois Human Rights Act, the Public Works Employment Discrimination Act,the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each.The equal employment opportunity clause of the Department of Human Rights' rules is specifically incorporated herein. 10 The Americans with Disabilities Act(42 U.S.C. 12101 et seq.)and the regulations thereunder(28 CFR 35.130)(ADA)prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid,benefit or service.As a condition of receiving this contract,the undersigned vendor certifies that services, programs and activities provided under this contract are and will continue to be in compliance with the ADA. VIII. Contractor certifies he/she has informed the director of the agency in writing if he/she was formerly employed by that agency and has received an early retirement incentive under Section 40 ILCS 5/14-108.3 or 40 ILCS 5/16-133.3 of the Illinois Pension Code.Vendor acknowledges and agrees that if such early retirement incentive was received,this contract is not valid unless the official executing the contract has made the appropriate filing with the Auditor General prior to execution. IX. RETENTION OF RECORDS:Contractor shall maintain,for a minimum of five years after completion of the contract,adequate books,records and supporting documents to verify the amounts,recipients and uses of all disbursements of funds passing in conjunction with the contract;that the contract and all books,records,and supporting documents related to the contract shall be available for review and audit by the Auditor General pursuant to PA 87-991; and that the contractor agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain books, records,and supporting documents required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the contract for which adequate books, records,and supporting documentation are not available to support their purported disbursement. X. SEXUAL HARASSMENT:Pursuant to 775 ILCS 5/2-105(A)(4),vendor shall have written sexual harassment policies that shall include,at a minimum,the following information:(I)the illegality of sexual harassment; (ii)the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the vendor Fs internal complaint process including penalties; (v)the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies shall be provided to the Department upon request. Xl. For contracts exceeding $10,000, the Contractor certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. XII. Contractor shall notify the Department's Ethics Officer if Contractor solicits or intends to solicit for employment any of the Department's employees during any part of the procurement process or during the term of the contract. XIII. WAGES OF LABORERS,MECHANICS AND OTHER WORKERS: If applicable,the Contractor shall be required to observe and comply with provisions of the"Prevailing Wage Act," 820 ILCS 130/1 et. seq., which applies to the wages of laborers, mechanics and other workers employed in any public works. The undersigned acknowledges and agrees that each of the certifications or amendments shall be incorporated into and made a part of the invitation for bids, request for proposals, agreement,contract,amendment, renewal or other similar document to which these certifications are attached. CONTRACTOR: (") Department of Human Rights Public Contract Number. Each BY: Contractor having 15 or more employees must have a current Public Contract number or have proof of having submitted a completed application for one.Application forms may be obtained by contacting the TITLE: Department of Human Rights, Public Contracts Section, 100 W. Randolph,10th Floor, Chicago, Illinois 60601 or calling 312/814-2432 DHR Public Contract Number* : (TDD 312/263-1579).In the space provided,show your Public Contract Number or, if not available, the date a completed application for the number was submitted to the Department of Human Rights. Contractors with less than 15 employees may indicate "not applicable". • Approved by DNR Legal Counsel January, 1999 11 BUILDING PERMIT REPORT United Ciry of Yorkville September 2003 Typesof Permits e rm ------------------------- Number of Permits Issued FD 2-Family ulk le 1 M -Fami Commercial Industrial Miscellaneous Total Construction Cost SFD P Y September 2003 86 21 0 6 4 0 55 $12,034,065.00 Calendar Year 2003' 703 264 12 6 27 1 393 $75,357,500.00 Fiscal Year 2003' 488 168 9 6 19 0 286 $51,579,099.00 September 2002 71 33 1 0 3 1 33 $5,028,914.00 Calendar Year 2002 2 654 221 4 4 34 1 390 $50,020,831.00 Fiscal Year 2002 413 126 2 2 18 1 264 $28,232,602.00 September 2001 41 13 2 0 0 0 26 $3,464,439.00 Calendar Year2001345 335 136 7 4 12 2 215 $36,743,003.00 Fiscal Year 20013 4 5 263 92 6 3 9 2 151 $26,945,583.00 September 2000 35 25 0 0 0 0 15 $3,608,517.00 Calendar Year 2000 6 268 110 1 0 4 0 162 $14,298,155.50 Fiscal Year 2000 67 176 80 1 0 3 0 102 $11,899,927.00 September 1999 8 15 6 0 0 1 0 8 $868,020.00 Calendar Year 1999 8 208 64 5 1 8 0 133 $15,902,228.00 Fiscal Year 1999 8 110 39 4 1 7 0 83 $11,719,747.00 'Permit Number Y-2003-324 was voided,thus only 703 of 704 assigned permit numbers were actually issued c11 2 Permit Number Y-2002-034 was voided thus only 407 of 408 assigned permit numbers were actually issued 3 Permit Number 01490 was voided thus only 495 of 496 assigned permit numbers were actually used Also,Permit Number 01478 was for 4 Attached SFDs(Townhomes);reissued as n Permits 01478A,B,C,and D. Also,Permit Number 01480 was for 6 Attached SFDs;reissued as Permits 01480A,B,C,D,E,and F. 4 Permit Number 01385 was for 6Attached SFDs;reissued as Permits 01385A,B,C,D,E,and F. 5 Permit Number 01259 was for 4 Attached SFDs;reissued as Permits 01259A,B,C,and D. 6 Permits Number 00122,00189 and 00262 were each for 6 Attached SFDs. 7 Permit Number 00101 was voided,thus only 233 of 234 assigned permit numbers were actually issued 8 Permit Number 99080 was for 5 Attached SFDs 11/08/2003 17:58 FAX 630 553 5764 DANIEL J. KRAMER 1001/007 Fai" 'Sk "ifi- T W October 30,2003 STATE OF ILLINOIS ) )SS. COUNTY OF KENDALL ) DEVELOPMENT AGREEMENT FOR PROGRESSIVE HOLDINGS, LLC Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville,IL 60560 630.553.9500 1 11/06/2003 17:58 FAX 630 553 5764 DANIEL J. KRAMER l 002/007 DEVELOPMENT AGREEMENT This Development Agreement,hereinafter referred as to"Agreement",is made and entered into this day of ,2003,by and between,PROGRESSIVE HOLDINGS,LLC, an Illinois Limited Liability Company,hereinafter referred to as "OWNER/DEVELOPER",and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as"CITY". The OWNER/DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER/DEVELOPER is an Illinois Limited Liability Company and the Owner of certain real property,hereinafter referred to as "Property", located in the CITY and legally described as set forth in Exhibit"A"attached hereto and incorporated by references as if more fully set forth; and WHEREAS,the Property is generally located East of the Yorkville Marketplace including a grocery store as the anchor tenant and various other related users. The Property is currently zoned B-3 Service Business District and consists of approximately 2.14 acres; and WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health,safety,prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS,the OWNER/DEVELOPER has informed the CITY that it intends develop the property as a gas station,strip mall and banking facility; and WHEREAS,the OWNER/DEVELOPER,its vendors, grantees, assigns, successors, trustees,and all others holding any interest now or in the future, agree and enter into this contract,which shall operate as a covenant running with the land and be binding upon any developer and its representatives; NOW, THEREFORE,the CITY and the OWNER/DEVELOPER, in consideration of the mutual covenants and agreements contained herein,do mutually agree as follows: ARTICLE I LANDSCAPE AND BUFFERING Except as outlined below, the OWNER/DEVELOPER covenants and agrees that it shall comply with and conform its landscape improvements to the current United City of Yorkville Ordinance requirements, not the Landscape Ordinance requirements approved in the original Consent Decree., 2 11/06/2003 17:59 FAX 630 553 5764 DANIEL J. KRAMER 1j003/007 ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be pursuant to the preliminary site plan approved by the United City of Yorkville which is attached hereto and incorporated herein as Exhibit"B" which shall further contain all preliminary landscape requirements to be developed on site. ARTICLE III CONSENT DECREE COMPLIANCE OWNER/DEVELOPER and CITY acknowledge that the Property is bound by the terms of a Consent Decree affecting the Property previously entered in the Circuit Court of Kendall County. Prior to approval of the Site Plan and Final Plat of Subdivision,CITY shall secure a letter from Inland approving the Preliminary Site Plan and Development Agreement. Upon presentation of said letter, the CITY through its City Attorney shall obtain a written Agreed Order modifying the Consent Judgment in conformance with the Preliminary Site Plan and Development Agreement approving all changes thereunder. ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement approved and executed by the OWNERJDEVELOPER and CITY. ARTICLE IV MISCELLANEOUS PROVISIONS A. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors in interest, assignees, lessees, and upon any successor municipal authorities of the CITY and successor municipalities and shall be enforceable according to its terms and conditions under the laws of the State of Illinois. Except as otherwise expressly provided herein,upon the conveyance or assignment by OWNER/DEVELOPER to new Owner or Developer of its interest in the Property to any successor,assign, or nominee, Owner or Developer, as the case may be, shall be released from any and all further liability or responsibility under this Ordinance or Agreement except to the extent previously undertaken by OWNER/DEVELOPER, or for which OWNER/DEVELOPER has posted security to perform an obligation in which case OWNER/DEVELOPER shall be bound to continue to complete its performance unless a replacement bond or letter 3 11/06/2003 17:59 FAX 630 553 5764 DANIEL J. KRAMER a 004/007 of credit is posted by the new Owner or Developer, and accepted by the CITY which shall not be unreasonably withheld. In such event the original OWNER/DEVELOPER shall be released from the underlying obligation to perform. The CITY shall thereafter look only to the successor,assign,or nominee of OWNER/DEVELOPER concerning the performance of such duties and obligations of OWNER and such DEVELOPER hereby undertaken. B. The various parts,sections, and clauses of this Agreement are hereby declared to be severable. If any part, sentence,paragraph,section,or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Agreement shall not be affected thereby. C. In all other respects the original Consent Decree is hereby ratified,re-published, and confirmed. D. All notices provided for herein shall be in writing and shall be deemed effective when personally delivered or three days after such notices have been mailed be certified or registered mail,postage-prepaid,return receipt requested,to the Parties at the addresses given below or at such other address as may be specified by written notice. If to OWNER/DEVELOPER: Progressive Holdings,LLC Attn: Wade Joyner 275 Ashe Road Plano,IL 60545 It to the City: United City of Yorkville United City of Yorkville Atm: Daniel J. Kramer,City Attorney Atm: Tony Graff,City Administrator 1107A Bridge Street 800 Game Farm Road Yorkville, IL 60560 Yorkville,IL 60560 IT WITNESS WHEREOF,the Parties have executed this Agreement as of the day and year first above written. United City of Yorkville,Illinois By: Arthur F.Prochaska,Jr.,Mayor 4 11/06/2003 17:59 FAX 630 553 5764 DANIEL J. KRAMER fJ 005/007 ATTEST: City Clerk DEVELOPER: PROGRESSIVE HOLDINGS,LLC By: 5 ._. . ........... ... 11/06/2003 17:59 FAX 630 553 5764 DANIEL J. KRAMER Il 006/007 Attest: 6 11/06/2003 17:59 FAX 630 553 5764 DANIEL J. KRAMER f3j007/007 EXHIBIT LIST Exhibit"A" - Legal Description Exhibit"B" - Preliminary Site Plan&Preliminary Landscape Plan 7 PuD = J 52 Wheeler Road • Sugar Grove, IL 60554 iftif TEL:630/468-9350 FAX: 830/466-9380 www.eeiweb.com Englnsoring Entsrprlams. Inc. November 25, 2003 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Contract C.7 -Well No.7 Well House and Treatment Facility United City of Yorkville Kendall County, Illinois Dear Mr. Graff: Bids were received, opened, and tabulated for work to be done on the above referenced project at 10:00 a.m., October 15, 2003. Representatives of the United City of Yorkville, the contractor that bid the project and our firm were in attendance. A tabulation of the bids is attached for your information and record. We have contacted references and received and reviewed the list of subcontractors that would be employed on the project from the two lowest bidders, Poulos Construction Company (Poulos) and Vissering Construction Company (Vissering). City staff conducted a background check on the financial status of each of the two contractors, as well. We have received mostly positive responses from the reference check and are familiar with the major subcontractors to be utilized by Poulos. Also, it is our understanding that the financial review resulted in a positive response. Therefore, we recommend the acceptance of the bid and approval of award to be made to the low bidder, Poulos Construction Company, in the amount of $1,655,000.00. The contractor's address is 735 South Laramie Avenue, Chicago, Illinois 60644-5224. Respectfully submitted, ENGINEERING ENTERPRISES, INC. f , Pu3. _— ffrey W. Freeman, P.E. Senior Project Manager JWF/tpf Enclosure pc: Mr. Art Prochaska, Jr., Mayor Mr. Joe Besco, Chairman of Public Works Committee Mr. Joe Wywrot, P.E., City Engineer Mr. Eric Dhuse, Director of Public Works Ms.Tracy Pleckham, Finance Director Mr. Dan Kramer, City Attorney Mr. Tim Curtin, Poulos Construction Co. PGW–EEI G:\PUBLIC\Yorkville\2003\YO0311 Contract C.7 Well No.7 Well House&Treatment Facility\Doc\Icofyo0l.doc Consulting Enginssrs Spseialising in Civil Enginssring and Land Surveying BID TABULATION CONTRACT C.4-SOUTH BPS PRV STATION UNITED CITY OF YORKVILLE • KENDALL COUNTY,ILLINOIS SEAGREN CONSTRUCTION MECHANICAL,INC. ENGINEER'S ESTIMATE CONTRACT C.4-SOUTH BPS PRV STATION BID TABULATION 103 North State Street 25687 Hillview Court UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS BIDS RECD 7/31/03 Hampshire,IL 60140 Mundelein,IL 60060 ITEM UNIT UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 TRENCH BACKFILL CU.YD. 24 $ 25.00 $ 600.00 $ 20.00 $ 480.00 $ 30.00 $ 720.00 2 ,BITUMINOUS CONCRETE BINDER COURSE,SUPERPAVE,IL-19.0L(LOW ESAL),2" SQ.YD. 165 23.00 3,795.00 24.00 3,960.00 4.80 792.00 3 BITUMINOUS CONCRETE SURFACE COURSE,SUPERPAVE,IL-9.5L(LOW ESAL),1.5' SQ.YD. 165 15.00 2,475.00 22.00 3,630.00 3.60 594.00 4 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT,6" SQ.YD. 26 115.00 2,990.00 84.00 2,184.00 40.00 1,040.00_ 5 AGGREGATE BASE COURSE,TYPE B,4" SQ.YD. 26 15.00 390.00 22.00 572.00 10.00 260.00 6 AGGREGATE BASE COURSE,TYPE B,12" SQ.YD. 165 18.00 2,970.00 22.00 3,630.00 20.00 3,300.00 7 CONNECTION TO EXISTING 12-INCH WATERMAIN EACH 2 2,500.00 5,000.00 1,500.00 3,000.00 1,500.00 3,000.00 8 DUCTILE IRON FITTINGS LUMP SUM- 1 6,500.00 , 6,500.00 11,500.00 11,500.00 5,000.00 5,000.00 9 WATERMAIN,12-INCH D.I.P.,CLASS 52 FOOT 165 125.00 20,625.00 100.00 16,500.00 60.00 9,900.00 10 WATERMAIN TESTING-PRESSURE AND DISINFECTION LUMP SUM 1 3,500.00 3,500.00 2,500.00 2,500.00 1,000.00 1,000.00 11 CONNECTION TO EXISTING SANITARY SEWER EACH 1 2,000.00 2,000.00 500.00 500.00 1,500.00 1,500.00 12 SANITARY SERVICE,6-INCH PVC SDR 26 FOOT 65 50.00 3,250.00 70.00 4,550.00 80.00 5,200.00 13 FURNISH ENGINEERING FLUID,INC.FACTORY BUILT PACKAGED WATER-SHED LUMP SUM 1 185,000.00 185,000.00 197,000.00 197,000.00 190,000.00 190,000.00 BOOSTER PUMPING STATION WITH ALL NECESSARY PIPING,CONTROLS AND - APPURTENANCES 14 INSTALLATION OF BOOSTER PUMPING STATION,INCLUDES CONNECTION TO LUMP SUM 1 15,000.00 15,000.00 33,000.00 33,000.00 21,000.00 21,000.00 WATERMAIN,CONSTRUCTION OF CONCRETE FOOTING AND FOUNDATION WALL AND PLACEMENT OF BACKFILL 15 FURNISH AND INSTALL ARCHITECTURAL COMPONENTS,INCLUDES ROOFING LUMP SUM 1 10,000.00 10,000.00 33,000.00 33,000.00 17,500.00 17,500.00 SYSTEM,BRICK EXTERIOR AND APPURTENANCES 16 SITE WORK,INCLUDES ALL EARTH EXCAVATION,TOPSOIL PLACEMENT,SEEDING, LUMP SUM 1 25,000.00 25,000.00 13,000.00 13,000.00 12,000.00 12,000.00 FERTILIZER AND PLACEMENT OF EROSION CONTROL BLANKET 17 ELECTRICAL SERVICE,INCLUDES INSTALLATION OF SERVICE FROM COMED LUMP SUM 1 15,000.00 15,000.00 13,000.00 13,000.00 6,000.00 6,000.00 TRANSFORMER TO THE BOOSTER PUMPING STATION AND CONSTRUCTION OF TRANSFORMER PAD 18 FURNISH AND INSTALL GENERATOR AND CONCRETE PAD,COMPLETE LUMP SUM 1 60,000.00 60,000.00 67,000.00 67,000.00 65,000.00 65,000.00 19 LANDSCAPING LUMP SUM 1 10,000.00 10,000.00 12,994.00 12,994.00 7,500.00 7,500.00 TOTAL FOR BID ITEMS 1-19 $ 374,095.00 $ 422,000.00 $ 351,306.00 %BELOW/ABOVE ENGINEER'S ESTIMATE 6.4869373% 20.1231974% GAPUBLICworkvis.2003wo0308 Contract C.4 South 8PS PRV StationtEng biOtab01xhJShaatl Pa) -1k, • UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer U �� Subject: Fox Mill Landing—Utility Eas ents Final Acceptance Date: October 31, 2003 The punchlist for Fox Mill Landing has been completed. I recommend that we approve and record the proposed easement for watermain and sanitary sewer, and then have City Council vote to accept the public utilities for maintenance. Attached find one reduced print e-atil ti easemenf.'Ple'a e-place this item on the Public Works Committee agend ovember 24, 2003 for consider. 'on. 1 ! q39 1111 • .1mm► PLAT OF EASEMENT S _�I/ SCALE I. - 20' O=FOUND IRON PIPE /©K a=SET IRON PIPE B.N. OWNERS CERTIFICATE LEGAL DESCRIPTION FOR WATER MAIN EASEMENT: I( I< x =FENCER.R. C O• THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 33 STATE OF ILLINOIS) TOWNSHIP 37 NORTH RANCE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN SS DESCRIBED AS FOLLOWS: A 10.00 FOOT STRIP OF LAND THE CENTERLINE OF COUNTY OF KENDALL) WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST L LINE OF MILL STREET WHICH IS 63.00 FEET SOUTH OF THE CENTERLINE OF MAIN TRACK CENTERLINE THIS IS TO CERTIFY THAT THE UNDERSIGNED IS THE RECORD OWNER OF THE THE BURLINGTON NORTHERN RAILROAD MAIN TRACK: THENCE SOUTHERLY PROPERTY DESCRIBED IN THE SURVEYOR'S CERTIFICATE AFFIXED HEREON. ALONG SAID EAST LINE 98.50 FEET FOR A POINT OF BEGINNING:THENCE AND DO HEREBY CONSENT TO THE GRANT OF EASEMENT DEPICTED HEREON. EAST AT AN ANGLE OF BN3110'MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE 108.00 FEET:THENCE 135'00'00' MEASURED CLOCKWISE O FROM THE LAST DESCRIBED COURSE 38.00 FEET:THENCE EAST AT AN ANGLE CD DATED THIS____ DAY OF A.D..2003. OP 135'00'00- MEASURED COUNTER CLOCKWISE FROM THE LAST DESCRIBED 1.) COURSE 107.91 FEET TO A POINT OF TERMINATION. IN THE UNITED CITY OF E. LINE OF O • YORKVILLE. KENDALL COUNTY. ILLINOIS. MILL STREET SIGNATURE PLEASE TYPE/PRINT THE AUTHORIZED INDIVIDUALS NAME.TITLE, CORPORATION /COMPANY NAME. AND ADDRESS. P.O.0 LEGAL DESCRIPTION FOR SANITARY SEWER EASEMENT: 1 _ —_—_—_ • THAT OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 33 TOWNSHIP ------ ---------'--- 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: A 10.00 FOOT STRIP OF LAND THE CENTERLINE OF WHICH IS --- -- -- DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF MILL STREET WHICH IS 63.00 FEET SOUTH OF THE CENTERLINE OF THE BURLINGTON NORTHERN RAILROAD MAIN TRACK:THENCE SOUTHERLY ALONG SAID EAST LINE 115.50 FEET TO A POINT OF BEGINNING:THENCE EASTERLY L, AT AN ANGLE OF 87-32.38- MEASURED CLOCKWISE FROM THE LAST C� DESCRIBED COURSE 238.52 FEET TO THE POINT OP TERMINATION IN THE WUNITED CITY OF YORKVILLE. KENDALL COUNTY. ILLINOIS. W - CITY COUNCIL CERTIFICATE UD C: - a6 STATE of ILLINOIS ) C 0 01 H LC) COUNTY OF KENDALL) APPROVED AND ACCEPTED THIS DAY OF A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED AND GRANTED TO THE `-1 2003 BY THE CITY COUNCIL OF CITY OF YORKVILLE. ILLINOIS. CITY OF YORKVILLE. ILLINOIS TO CONSTRUCT. INSTALL.RECONSTRUCT. REPAIR. 10 WIDE WATERMAIN EASEMENT DIS RIB IRONLAFE AND INSPECT FACILITIESEWERS. FOR THE TRANSMISSIONE , AND /-- P.O.T. OF WATERMAIN DISTRIBUTION OF THE STORM SEWERS, AND SANITARY SEWERS, WITHIN THE • MAYOR AREAS SHOWN ON THE PLAT AS -WATER MAIN EASEMENT AND SANITARY / -1 EASEMENT SEWER EASEMENT-. TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE // .i——_ 10791' ATTEST PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USERS )35.i AND PURPOSES. P.O.B. 89' 1'10" _ ____ ___ ___ EASEMENT _WATERMAIN / ))O CITY CLERK THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER 135 4'0' UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH. • 7 / AND THE RIGHT TO CUT. TRIM. OR REMOVE ANY TRESS. SHRUBS OR OTHER 1111 / PLANTS WITHIN THE AREAS DESIGNATED AS'WATER MAIN EASEMENT AND BT faa 108.00' SANITARY SEWER EASEMENT WHICH INTERFERE WITH THE CONSTRUCTION. _/ INSTALLATION. RECONSTRUCTION. REPAIR. REMOVAL.REPLACEMENT. 1 P.O.T. OF SANITARY COUNTY CLERK CERTIFICATE MAINTENANCE.AND OPERATION OF THEIR UNDERGROUND TRANSMISSION AND \ SEWER EASEMENT DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO. NO STATE OF ILLINOIS) PERMANENT BUILDINGS. STRUCTURES. OR OBSTRUCTIONS SHALL BE 236.52 J SS CONSTRUCTED IN. UPON. OR OVER ANY AREAS DESIGNATED AS -WATER MAIN / COUNTY OF KENDAIL) EASEMENT AND SANITARY SEWER EASEMENT'. BUT SUCH AREAS MAY BE P.O.B.-// 10' WIDE SANITARY USED FOR GARDENS. SHRUBS. TREES. LANDSCAPING. DRIVEWAYS. AND OTHER SEWER EASEMENT RELATED PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE SANITARY SEWER N I. .COUNTY CLERK OF KENDALL COUNTY. USES HEREIN DESCRIBED. EASEMENT ILLINOIS DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES. NO UNPAID FORFEITED TAXES AND NO REDEEMABLE TAX SALES THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENTS HEREIN AGAINST ANY OF THE LAND INCLUDED IN THE ANNEXED PIAT. GRANTED AND RESERVED FOR THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO I FURTHER CERTIFY THAT I HAVE RECEIVED ALL STATUTORY FEES IN INTERFERE WITH OR PRECLUDE THE OCCUPATION AND USE THEREOF BY CONNECTION WITH THE ANNEXED PLAT. OTHER ENTITIES FOR WHICH SUCH EASEMENTS ARE GRANTED AND RESERVED. THE CROSSING AND RECROSSING OF SAID EASEMENTS BY THE ABOVE NAMED GNEN UNDER MY HAND AND SEAL THIS DAY OF ENTITIES SMALL. BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE A.D. 2003 AT YORKVILLE.ILLINOIS. WITH.DAMAGE.OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS F•--i AND FACILITIES APPURTENANT THERETO EXISTING WITHIN THE EASEMENTS BEING CROSSED OR RECROSSED. NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE DRAINAGE PATTERNS. E. LINE OF RECORDERS CERTIFICATE FOLLOWING ANY WORK TO BE PERFORMED BY THE CITY OF YORKVILLE IN THE EXERCISE OF ITS EASEMENTS RIGHTS HEREIN GRANTED. SAID CITY BLOCK 5 OF SHALL HAVE NO OBLIGATION WITH RESPECT TO SURFACE RESTORATION. BLACKS ADD. STATE OF ILLINOIS) INCLUDING BUT NOT LIMITED TO.THE RESTORATION. REPAIR OR SS REPLACEMENT OF PAVEMENT.CURBS. GUTTERS. TREES. LAWN OR SHRUBBERY. COUNTY OF KENDALL) PROVIDED. HOWEVER. THAT SAID CITY SHALL BE OBLIGATED FOLLOWING SUCH VAN T111 ] { l)T THIS INSTRUMENT NO.___ MAINTENANCE WORK TO BACK FILL AND MOUND ALL TRENCH CREATED SO AS WAS FILED FOR TO RETAIN SUITABLE DRAINAGE.TO COLD PATCH ANY ASPHALT OR CONCRETE G'l ,YY C! V ROAD RECORD IN THE RECORDER'S OFFICE OF KENDALL Comm. ILLINOIS ON THIS SURFACE. TO REMOVE ALL EXCESS DEBRIS AND SPOIL AND TO LEAVE THE S.E. CORNER OF ___ DAY OF _ . 2003. AT_____—O'CLOCK MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. ___.M. AND WAS RECORDED IN PLAT ENVELOPE NO. N LINE OF VAN EMMON ROAD BLOCK 5 __. COUNTYRECORDER STATE OF ILLINOIS) 55 COUNTY OF KANE ) THIS IS TO CERTIFY THAT I. MICHEL C. ENSALACD, ILLINOIS PROFESSIONAL LAND SURVEYOR NO.2768.HAVE SURVEYED THE ABOVE DESCRIBED PROPERTY.AND THAT THIS PLAT WAS PREPARED FOR THE PURPOSE OF GRANTING AND EASEMENT TO THE CITY OF YORKVILLE FOR THE PURPOSE STATED HEREON.AND THAT THIS PLAT OF EASEMENT ACCURATELY DEPICTS SAID PROPERTY. „I,I it rl I/ SOC) aw. a-.oa • Todd Surveying s qr i nam aw�aPEa�W�W u GIVEN UNDER NY HAND AND SEAL THIS��,u�A.•Y�'i0'E",•IE�1yD. 2003. E.D.M.8 Associates,Inc- ( � ano'6so �...' am.e: ae OwSim Aurora,Illinois Aurora Tel.(630)892-1IIR .. C ' n Sandwich Tel_(B15)786-8210 _ ----.- P i Fax:(630)892-5544 NICHEL C.SEN ALACO = i 1 or...�4 1� oaaer• Michel C.EnsaIa o IP.''•.. Chene �� ILLINOIS PROFESSIONAL LAND SURVEYO- z SEAL .,/�; �^ A� I.P.L.S.NO.2788 NO. 2766 >,9 OqA I1. '°,./ LL PA9nbAvwnF ILLINOIS PROFESSIONAL .• Pippo .en LAND SURVEYOR Survey is valid only N original seal is shown n retl. 2003-0376-EASE-1 Df) 3 UNITED CITY OF YORKVILLE To: Tony Graff, City Administra r From: Joe Wywrot, City Engineer Subject: Dickson Court Roadway Imp veme s—Change Order No.1 Date: November 12, 2003 Attached find one copy of Change Order No.1 for the referenced project. This change order, in the amount of a 1 806.68 decrease, is the final balancing change order. Please refer to the change order for eft sl on specific changes. There were two pay items that experienced significant changes from plan quantity, those being aggregate base repair and bituminous surface course. When we exposed the aggregate base, we found that the bulb areas of both cul-de-sacs were soft. Two small areas in particular were very bad, and those areas were excavated and repaired by placing 3" stone. Even though we found some bad areas the amount of repair was less than anticipated, resulting in a decrease of about $3000. Rather than excavating the entire bulb areas, we decided to thicken the asphalt to compensate for weakness in the subgrade. This has worked well for us in the past, and • should perform adequately on this relatively quite street. This resulted in an increase of about $2800, offsetting the decrease in base repair. Please place this item on the November 24, 2003 Public Works Committee agenda for consideration. • Cc: Traci Pleckham, Director of Finance • UNITED CITY OF YORKVILLE Project: Dickson Court Roadway Improvements Change Order No 1 (FINAL) Contractor: Meyer Paving, Inc. Date: 12-Nov-03 Address: 50W363 Route 64 Maple Park, Illinois 60151 Awarded Final Difference in No. Item Quantity Quantity Difference Unit Unit Price Cost 1 Bituminous Surface Removal, 4" 3753 3753 0 SY $2.65 $0.00 2 Aggregate Base Repair 228 108.89 -119.11 TON $25.00 ($2,977.75) 3 Geotechnical Fabric for Ground Stabilization 375 236 -139 SY $1.00 ($139.00) 4 Comb. Curb &Gutter Rem. & Repl. 397 411 14 FT $5.00 $70.00 5 Gutter Overlay Removal 48 48 0 FT $2.00 $0.00 6 CB to be Adjusted, Special 2 2 0 EA $150.00 $0.00 7 Manhole to be Adjusted 2 2 0 EA $150.00 $0.00 8 Butt Joint 186 178 -8 FT $1.00 ($8.00) 9 Preparation of Base 3753 3753 0 SY $0.85 $0.00 10 Bit. Materials (Prime Coat) 1126 600 -526 GAL $1.75 ($920.50) 11 Bit. Binder Course, 2.5" 540 539.41 -0.59 TON $42.39 ($25.01) 12 Bit. Surface Course, 1.5" 324 383.72 59.72 TON $46.49 $2,776.38 13 PCC Sidewalk, 5" 208 208 0 SF $5.00 $0.00 14 Crack Filling 1766 1758 -8 FT $0.35 ($2.80) 15 Landscape Restoration 170 54 -116 SY $5.00 ($580.00) 16 Traffic Control 1 1 0 EA $150.00 $0.00 Total change: ($1,806.68) • Contract Award Amount: $64,659.46 Plus Previous Change Orders: $0.00 Revised Contract Amount: $62,852.78 Recommend for Approval: Date: City of Yorkville Approved: Date: Meyer Paving, Inc. Approved: Date: City of Yorkville 110 Pce*J-1- • UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer u _. Subject: Raintree Village Unit 1 —Bon edu tion No. 1 Safeco Insurance Company of America Bond No.6231637 Date: November 17, 2003 Attached find a request from Concord Homes to reduce the bond amount for earthwork for Raintree Village Unit 1. I concur with the amount of work completed, but not with the amount of the reduction. For items that have been substantially completed, we require at least 15% of the value of that work to remain in the bond until the improvements are accepted by the city. Please refer to the attachment for details. I recommend that the bond for earthwork and erosion/sediment control for Raintree Village Unit 1 be reduced by the amount of$689,483.17. The remaining amount of the bond would be $322,516.13. Please note that there is a $0.01 difference between my recommendation and the attached spreadsheet due to rounding. Please place this item on the Public Works Committee agenda of November 24, 2003 for II/ consideration. • Cc: Liz D'Anna, Deputy City Clerk Kim Kavanagh, Concord Homes, Raintree Village LLC • • • 17-Nov-03 Letter of Credit/Bond Reduction Subdivision: Raintree Village- Unit 1 Earthwork/Erosion & Sediment Control Reduction No. 1 LOC/Bond Approved Original amount Substantially complete Reduction No.1 Amount to remain Item Enu. Est. for LOC/Bond prior to Red. No.1 Amount after Red. No.1 Earthwork $853,850.00 $939,235.00 $725,772.50 $689,483.88 $249,751.13 Erosion Control $66,150.00 $72,765.00 $0.00 $0.00 $72,765.00 Totals $920,000.00 $1,012,000.00 $725,772.50 $689,483.88 $322,516.13 Notes: 1) Remaining LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items. • RAINTREE VILLAGE L. L.C. Via Federal Express October 29, 2003 Mr. Joseph Wywrot United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Raintree Village Yorkville, Illinois Dear Mr. Wywrot, I would like to request a reduction to Bond #6231637 for Raintree Village Earthwork and Erosion Control. The original bond is in the amount of $1,012,000.00 and I am requesting a reduction of $725,772.50 leaving a balance of $286,227.50. • Enclosed please find a spreadsheet detailing which items have been completed. Per your instructions, the completed items have been reduced 85% leaving 15% of the original cost. After your review and approval of the enclosed spreadsheet I understand you will get further approval at the November 24, 2003 Public Works meeting. If you have any questions regarding this matter, please contact me at 847/ 776-0350 ext. 147 or David Ihle at ext. 144. Sincerely, Viasat4c, GN►►1 Kim Kavanagh Land Development Coordinator enclosure cc: David Ihle • 1540 E. Dundee Road Suite 350 Palatine, IL 60074 (847) 776-0350 FAX (847) 776-6070 • • • Raintree Village 29-Oct-03 Reduction Request 28-Oct-03 Aon-6231637 ORIGINAL AMOUNT PREVIOUS REDUCTION REDUCTION REQUEST • BALANCE DESCRIPTION QUANTITY UNIT PRICE EXTENSION QUANTITY UNIT PRICE EXTENSION QUANTITY UNIT PRICE EXTENSION REMAINING EARTHWORK SITE CLEARING 1 LS $50,000.00 $50,000.00 0 $50,000.00 50.00 0.85 $50,000.00 $42,500.00 $7,500.00 TOPSOIL STRIP TO STOCKPILE 82,900 CY $2.50 $207,250.00 0 $2.50 $0.00 70,465 $2.50 $176,162.50 $31,087.50 CLAY CUT TO FILL 190,000 CY $3.00 $570,000.00 0 $3.00 $0.00 161,500 $3.00 $484,500.00 $85,500.00 TOPSOIL RESPREAD,12:(PONDS) 13,300 CY $2.00 $26,600.00 0 $2.00 $0.00 11,305 $2.00 $22,610.00 $3,990.00 TOTAL EARTHWORK $853,850.00 $0.00 $725,772.50 $128,077.50 EROSION CONTROL STABILIZED CONSTRUCTION ENTRANCE 1 EA $5,000.00 55,000.00 0 $5,000.00 $0.00 0 $5,000.00 $0.00 $5,000.00 SILT FILTER FENCE&MAINTENANCE 10,100 LF $4.00 540,400.00 0 $4.00 $0.00 0 $4.00 $0.00 $40,400.00 SEEDING(PONDS) 8 ACRE $2,500.00 $20,750.00 0 $2,500.00 $0.00 0 $2,500.00 $0.00 $20,750.00 $66,150.00' $0.00 $66,150.00 TOTAL SITE IMPROVEMENTS: $920,000.00 $0.00 $725,772.50 CONTINGENCY @ 10% $92,000.00 TOTAL SITE IMPROVEMENTS: $1,012,000.00 TOTAL REDUCTION-THIS REQUEST: $725,772.50 'TOTAL PREVIOUS REDUCTIONS: $0.00 BALANCE REMAINING-LETTER OF CREDIT: $286,227.50 Po E . ofr.b. UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer Subject: Savitski Property—Letter of dit idewalk Agreement Date: November 26, 2003 Attached find the renewed letter of credit for the sitework on the Savitski property, which we received yesterday. This extends the completion date to June 30, 2004, and eliminates the need to call the letter of credit at this time. Also attached is the revised sidewalk agreement. The agreement allows the installation of sidewalk to be delayed until any of the following items occurs: • An adjacent property owner extends sidewalk to the property. • Prior to the sale of the property. • Within 6 months of a request by the city to install the sidewalk. This issue was reviewed by the Public Works Committee at their meeting on November 24, 2003, with a recommendation to call the letter of credit if it was not renewed prior to the last City Council meeting in December. Since that issue has been resolved, I recommend that the sidewalk agreement be reviewed for approval by the City Council. Please place this item on the Committee of the Whole agenda of December 2, 2003 for consideration. Cc: Dan Kramer, City Attorney OLD SECOND BANK - YORKVILLE pcc())45-..6. 102 EAST VAN EMMON STREET YORKVILLE, IL 60560 CITY OF YORKVILLE IRREVOCABLE LETTER OF CREDIT NO: 15298 ADDRESS .. 800 GAME FARM ROAD YORKVILLE, IL 60560 TELEPHONE NO. IDENTIFICATION NO 630/553-4350 BORROWER EXPIRATION DATE Mark D Savitski Leann Savitski This Letter of Credit shall expire upon the earlier of: ADDRESS 1. the close of business on June 30, 2004 2108 Rock Creek Rd and all drafts and accompanying statements or documents must be Plano IL 60545-9574 presented to Lender on or before that time; or TELEPHONE NO. IDENTIFICATION NO. 2. the day that Lender honors a draw under which the full amount of (630) 552-4479 5002718 this Letter of Credit is drawn. Lender identified above hereby establishes an Irrevocable Letter of Credit in favor of Beneficiary for a sum not exceeding the aggregate amount of $ Eighteen thousand one hundred thirty five & no/100 Dollars ($ 18, 135.00 ). These funds shall be made available to Beneficiary against Lender's receipt from Beneficiary of drafts drawn at sight on Lender at its address indicated above (or such other address that Lender may provide Beneficiary with written notice of in the future) and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT THE PARTY IN WHOSE FAVOR THIS LETTER OF CREDIT IS BEING ISSUED TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. 1. DRAFT TERMS AND CONDITIONS Lender shall honor the drafts submitted by Beneficiaryunder the following terms and conditions: DOCUMENTATION TO SUPPORT BORROWERS DFAULT FOR COMPLETION OF: STORM SEWER ($2, 610) ; SITE EXCAVATION & GRADING ($4, 830) ; SILT FENCE ($945) ; LANDSCAPING ($9, 750) . Upon Lender's honor of such drafts and payment to the Beneficiary, Lender, once the full amount of credit available under this Letter of Credit has been drawn, shall be fully discharged of its obligations under this Letter of Credit and shall not thereafter be obligated to make any further payments under this Letter of Credit in respect of such demand for payments to Beneficiary or any other person. If a non-conforming demand is made, Lender shall notify Beneficiary of its dishonor on or before the time mentioned in Section 5 below. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit after Lender honors any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by any party or under the name of any party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary. By paying to Beneficiary an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary or any other person for or in respect to any amount so paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or confirmer, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender and confirmer any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. 2. USE RESTRICTIONS All drafts must be marked "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 15298 DATED November 20, 2003 ". Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. [id If checked, a copy of this Letter of Credit must accompany each draft and the amount of each draft shall be marked on the draft. Beneficiary shall maintain possession of Letter of Credit until the full amount of this Letter of Credit has been drawn. Once the full amount is drawn, Beneficiary shall return the Letter of Credit to Lender. Partial draws I] are permitted ❑ are not permitted under this Letter of Credit. Lender's honor of a draw shall automatically reduce the amount of credit available under this Letter of Credit. 3. ASSIGNMENT OR TRANSFER ❑ This Letter of Credit may be assigned or transferred by Beneficiary upon providing Lender with prior written notice of the assignment or transfer.Such transferee shall be deemed the Beneficiary of this Letter of Credit and the sole permitted signed of any further demands under this Letter of Credit for payment and transfer. ❑ The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer by direct operation of law to the original beneficiary's administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representatives at law; and B. The first immediate transfer by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). JHA nuILos ioioo 4. TRANSFEREE'S REQUIRED DOCUMENTS When the presenter is a legal representative under subparagraph 3.A. or a third party under subparagraph 3.B., the documents required for a draw shall include: A. All documents required elsewhere in this Letter of Credit, except that such documents may be in the name of either the original beneficiary or the presenter permitted by paragraph 3; and- B. A certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original beneficiary. 5. TIMING OF DISHONOR To the extent not prohibited by law, Lender shall honor or dishonor any draw submitted in connection with this Letter of Credit within five (5) banking days. Although Lender shall be entitled to honor or dishonor a draw beyond the expiration date of this Letter of Credit, Beneficiary shall not be entitled to submit a draw request or provide Lender with any documents in support of a draw after the expiration date hereof. 6. MODIFICATION The modification or waiver of any Lender's or Beneficiary's obligations or rights under this Letter of Credit must be contained in a writing signed by Lender. A waiver on one occasion shall not constitute a waiver on any other occasion. 7. COMPLIANCE BURDEN Under no circumstances shall Lender be held responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary; and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. 8. NON-SEVERABILITY If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within the Letter's body. 9. CHOICE OF LAW/JURISDICTION This Letter of Credit shall be governed by the laws of the state indicated in Lender's address to the extent not governed by the International Chamber of Commerce uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 500. and to the extent such laws are not inconsistent with the terms of this Letter of Credit. Lender and Beneficiary consent to the jurisdiction and venue of any court located in the state indicated in Lender's address in the event of any legal proceeding under this Letter of Credit. 10.EXPIRY Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to the Lender on or before the Expiration Date. Dated: November 20, 2003 LENDER: OLD SECOND BANK - YORKVILLE BY: 6/14 CORI NEWHAUSEN TITLE: COMML LOAN OFFICER ENDORSEMENT OF DRAFTS DRAWN: Date Negotiated By Amount is Words Amount in Figures 11/26/2003 SPED 12:52 FAX 1 630 553 0299 THOMAS W, GRANT 8002/004 INSTRUMENT PREPARED BY &RETURN TO: Thomas W. Grant Attorney at Law PO Box 326 . Yorkville, IL 60560 COVENANT RE:INSTALLATION OF SIDEWALKS WHEREAS, the undersigned, MARK D. SAVITSKI and LEANN SAVITSKI, husband and wife, are the owners of the real estate described on Exhibit "A", attached hereto and made.a part hereof, upon which there is now situated a commercial building; and WHEREAS, said real estate is situated at the Northeast corner of the intersection of Eldarnain Road and US Route 34, in the United City of Yorkville, Kendall County, Illinois; and WHEREAS, the City of Yorkville has heretofore issued a building permit for the • construction of.commercial building on said real estate and, incidental thereto, is requiring the installation of sidewalks along the perimeter of the real estate adjacent to Eldamain Road and adjacent to US Route 34;and WHEREAS, at the present time, there is no development adjacent, either to the North or to the East of the subject premises, and the undersigned, as owners, have requested of the City of Yorkville that they be permitted to delay or defer the installation of sidewalks until development occurs adjacent to their real estate; and WHEREAS, the City of Yorkville has agreed to defer the installation of the sidewalks in further accordance with the provisions of this Covenant. 11/26/2003 WED 12:52 FAX 1 630 553 0299 THOMAS W. GRANT 8003/004 NOW, THEREFORE, the undersigned, MARK D. SAVITSKI and LEANN SAVITSKI, do herewith covenant and agree with the City of Yorkville that, in consideration of the City issuing the Occupancy Permit for the commercial building constructed on the real estate described on Exhibit "A", that the undersigned, or their successors or assigns, shall cause sidewalks to be installed along the perimeter of their real estate, in accordance with the Ordinances and guidelines of the City of Yorkville, then in effect, regulating the installation of sidewalks, upon the happening of the first of the following events: (a) at such times as sidewalks are installed up to their property line on adjacent properties either to the North or to the East, or(b) prior to the closing of the sale of the real estate by MARK D. SAVITSKI and LEANN SAVITSKI to any third party, or (c) within six (6) months of written-request by the City for the installation of sidewalks. This Covenant shall nm with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their successors and assigns. IN WITNESS WHEREOF, the undersigned have executed this Covenant this day of • ,2003. • Mark D. Savitski Leann Savitski APPROVED and ACCEPTED by the City of Yorkville BY: Printed Name: C:1Shared\Savitski.Covenant.112503.doc 11/26/2003 WED 12:52 FAX 1 630 553 0299 THOMAS W. GRANT a004/004 IVtJv-CO-CUO3 CV:OD rxU•t-un1 t to ui i Y ur rLKIW DD.5-3`ata EXHIBIT"A" • • THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19,TOWNSHIP 37 NORTH. RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE WEST UNE OF SAID SOUTHWEST QUARTER AT THE INTERSECTION OF THE NORTH RIGHT OF WAY UNE OF ILLINOIS ROUTE NO, 34 FOR THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 10 MINUTES 28 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION, 600 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST PARALLEL WITH SAID NORTH LINE OF ROUTE NO. 34. 148.00 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 28 SECONDS WEST PARALLEL WITH SAID WEST UNE, 600 FEET TO SAID NORTH LINE;THENCE NORTH 84 DEGREES 36 MINUTES $2 SECONDS WEST ALONG SAID NORTH UNE, 146,00 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SAID SECTION 19- 37-07 DESCRIBED AS FOLLOWS: COMMENCING AT THE SoUTHWEsT CORNER OF SAID SOUTHWEST QUARTER:THENCE NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 36924 FEET ON AN ASSUMED BEARING ALONG THE WEST UNE OF SAID SOUTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST ALONG SAID WEST UNE 600 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST 50.21 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST 537.74 FEET; 'MENCE SOUTH 49 DEGREES 22 MINUTES 39 SECONDS EAST 81.47 FEET; THENCE SOUTH 04 DEGREES 36 MINUTES 32 SECONDS EAST 35.53 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST 15.06 FEET TO THE EXISTING NORTH RIGHT OF WAY UNE OF U. S. ROUTE 34; THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST 146.00 PEET TO THE POINT OF BEGINNING. IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS_ Common Address: Northeast corner of Route 34 and E1damain Roads Yorkville, Illinois P.Y.N. : 02-19-300-009 Smith Engineering Consultants, Inc. )6.°4:6-(1' Civil/Structural Engineers and Surveyors Illinois Texas Wisconsin October 31, 2003 . : . ` . . Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Yorkville Transportation Study Supplement Job No. YORK-010675-9 Dear Mr. Graff: Based on our discussion on October 24, 2003,we have clarified our scope of services and respectfully request a supplement to the original con cin the-amount of-$4;960.00:-Since-the project has started, several developments have begun construction in town. This has changed the percent build-out percentages in the report. Due to these revisions,changes to the traffic generations and distributions are required. Also, the report will be revised to reflect collector (39' B-B)and major collector(52' B-B) streets only. The local and minor collector streets will not be addressed. Should you concur with the above contract supplement,please sign this acceptance letter and return to our office. Should you have any questions or need further clarifications,please feel free to contact me at(630) 553-7560. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. aures •dt- g,P. Vice ' esident CRF/jmk • Accepted By: Date: Title: Y:Vobs\Smith\2001\010675-9 Yorkville Transportation Study\correspondence\letters\010675-supplement-Graff-crf-103103.doc 759 John Street,Yorkville,IL 60560 www.smithengineering.com Telephone 630.553.7560 Fax 630.553.7646 Ott 1 v,o Co. 4.,::' Yorkville Police Department Incident Report Summary �` - October 19, 2003 through November 17, 2003 iS <.LE �y 10-18-03 1230 031279 Domestic Situation 100 Blk. Colonial Parkway Officer was dispatched to address for a verbal argument between two adults. No arrests. 10-18-03 1230 031280 Criminal Damage to Property Circle Center School Unknown subjects broke a window on the school. Damage estimated at $500. 10-18-03 0000 031281 Burglary 1000 Blk. S. Main Street Overnight access was gained to the establishment and unknown person(s) committed a burglary. Total loss of money and damage to property valued at $2450. Pending investigation. 10-20-03 1425 031283 Battery 1200 Blk.N. Bridge Street Victim claimed she was battered by offender on 10-17-03. Not reported to police until 10-20-03. 10-20-03 1425 031284 Battery 1200 Blk. N. Bridge Street While investigating Report Number 031283, a second victim claimed she was battered by same offender on 10-17-03. Not reported to police until 10-20-03. 10-20-03 1548 031285 Retail Theft 200 Blk. E.Veterans Pkwy A suspect took a large quantity of Alavert and Claritin then fled going westbound Route 34 in a vehicle. The license plates given by a witness came back to a stolen vehicle. Amount stolen- $816. Pending investigation. 10-20-03 1600 031286 Criminal Damage to Property 700 Blk. Bristol Road Unknown subject(s) wrote in freshly poured concrete. Damage valued at $5. 10-20-03 2035 031287 Found Articles 1400 Blk. N. Bridge Street License plates were found at the business and turned over to police. 10-21-03 0900 031289 Lost Articles 800 Blk. Game Farm Road Subject reported a business identification lost to police. 10-21-03 0800 031290 Criminal Damage to Property 1800 Blk. Columbine Drive Unknown subject(s) turned over a children's swimming pool,breaking its frame. Damage valued at $25. No suspects at this time. 10-21-03 1918 031291 Traffic Stop/Possession of Cannabis Route 47/Bonnie Lane Officer stopped vehicle because driver was driving while license suspended. Subject was transported to Kendall County Corrections. During an inventory search of the vehicle, a small amount of cannabis was located inside the vehicle. 10-21-03 2020 031292 Driving While License Suspended Route 47/Walnut Lane Officer stopped vehicle because the registered owner's driver's license was suspended. Owner was driving vehicle, arrested for such and transported to Kendall County Corrections. 1 of Incident Report Summary- 031278 to 031380.doc =`QED C/T� Yorkville Police Department Incident Report Summary I= October 19, 2003 through November 17, 2003 * <&E y 10-21-03 2305 031293 Domestic Situation 200 BIk. Johnson Street Officer was dispatched to address for a verbal argument between two adults. No arrests. 10-22-03 0816 031294 Accident—With Injury Route 47/Route 34 Unit 2 was traveling eastbound Route 34 and was struck by Unit 1, which was traveling southbound Route 47. Unit 1 ran a red light. No citations issued. 10-22-03 0700 031295 Criminal Damage to Property Jackson St./Freemont St. Lot on the corner of intersection. Officer was called to the corner of Jackson/Freemont. Complainant there shoed officer a JCB426 front-end loader with rear window broken. It appears that between 10-17-03 and 10-22-03, suspect(s)broke out the window with a BB shot. Pending investigation. Damage valued at $543. 10-22-03 1540 031296 Theft$300 and Under 1300 BIk. Sunset Avenue Suspect came into the business and obtained permission and payment for a city-wide mailing advertisement. There has not been a mailing yet. Pending investigation. 10-22-03 1858 031297 Retail Theft 2000 BIk. S. Bridge Street A suspect driving a white mid-sized vehicle pumped 8.3 gallons of gasoline into their vehicle, valued at $15.04, then left the gas station without paying for the gasoline. 10-23-03 0945 031298 In-State Warrant Route 47/Garden Circle Subject was stopped by officer for speeding and was arrested on an in-state warrant. 10-24-03 0017 031301 Traffic Stop—Arrest Route 47/Corneils Road A traffic stop for speeding was made on subject who was found to have no valid driver's license. Subject arrested for such and transported to Corrections. 10-24-03 1340 031302 Search Warrant/Arrest Warrant 1500 BIk. Stoneridge Court Yorkville Police, CPAT and SRT responded to residence to execute an arrest and search warrant. Subject was at home and placed under arrest for a warrant for violating an order of protection.) The house was then searched and a felony amount of cannabis was seized. 10-24-03 2118 031304 Aggravated Assault Various Towns Victims stated suspects started following their vehicle in Plano. All suspects ended up in a business parking lot where suspects allegedly threatened victims with what appeared to be a black handgun. Pending investigation. 10-25-03 0045 031305 Domestic Situation 400 Bik. W. VanEmmon St. Officer was dispatched to address for a verbal argument between two adults. No arrests. 2 of 6 Incident Report Summary- 031278 to 031380.doc A • ,=`.c_ cry 4,,,,,„:` Yorkville Police Department Incident Report Summary . '� October 19, 2003 through November 17, 2003 10-25-03 0024 031306 Accident—Fatal Rt. 126/Crooked Creek Dr. Unit 1 was westbound on Route 126. For unknown reasons, Unit 1 crossed over the eastbound lane and left the roadway. It spun around and struck a tree on the driver's side door, fatally wounding the driver. No other units involved. Pending investigation. 10-25-03 0720 031307 Criminal Damage To Property 200 Blk. E. Main Street Unknown subject(s) damaged victim's mailbox. Valued at $20. 10-25-03 0730 031308 Domestic Battery 100 Blk. Colonial Parkway A juvenile violator was taken into custody for battering their grandfather. Juvenile was referred to the Juvenile Court System. 10-24-03 0821 031309 Burglary From Motor Vehicle 400 Blk. McHugh Road Victim's wallet containing a large amount of cash was taken from an unlocked vehicle outside of address. A mailbox was also stolen from above residence. Value of stolen goods - $630. 10-25-03 0940 031310 Criminal Damage To Property 100 Blk. Blackberry Lane A window was damaged at a residence. Valued at $125. 10-25-03 1620 031312 Accident—With Injury Route 47/Route 71 Unit 2 was northbound on Route 47. Unit 1 was northbound on Route 47 and failed to stop, colliding into the rear of Unit 2. Driver of Unit 2 was transported for back pain to local hospital. Driver of Unit 2 did not want citations issued. 10-26-03 1600 031315 Retail Theft 2000 Blk. S.Bridge Street Unknown subject pumped $56 worth of gasoline and left without paying. 10-27-03 0540 031317 Burglary From Motor Vehicle 300 Blk. E.VanEmmon St. Unknown subject(s)broke into victim's vehicle and removed $200 of property including a CD- player, a wallet containing $30 cash, a debit card, a social security card, and a driver's license, a carton of cigarettes and a credit card. 10-27-03 2015 031318 Driving While License Suspended Route 47/Galena Road Driver was found to be driving while license suspended. Driver taken into custody for such and transported to Corrections. 10-28-03 0655 031320 Theft Over $300 100 Blk. Colonial Parkway Juvenile violator stole a bicycle valued at$400. Juvenile was located through investigations and charged with such. Juvenile referred to Juvenile Court System. 10-28-03 0850 031322 Criminal Damage To Property 200 Blk. W.Center Street Unknown subject(s) vandalized the side wall of a private school. Damaged valued at $250. 3 of 6 Incident Report Summary- 031278 to 031380.doc 4.0 C12). . A Yorkville Police Department Incident Report Summary EST/RI NIOctober 19, 2003 through November 17, 2003 10-29-03 1357 031324 Theft Under $300 200 Blk. W.Main Street On an unknown date and time(delayed report), an antique water pump was taken from the yard of the residence. Owner noticed it missing on 10-29-03 and reported it to police. Owner stated it could have been taken within the last week. Value of stolen property- $200. 10-29-03 1830 031326 Lost Articles 1800 Blk. Columbine Drive Subject stated they lost their Italian passport during his residence move. 10-30-03 1008 031330 Retail Theft 200 Blk. E.Veterans Pkwy An investigation on the theft of alcohol from a retail store was begun. Pending investigation. 10-30-03 1211 031331 Theft$300 And Under 300 Blk. E.Hydraulic Ave Victim stated that some time in September, two ladders, which had been chained to a handrail outside of his residence, had been taken. Victim stated he knows who could have possibly done this. 10-30-03 1255 031332 Fraud 400 Blk. Walsh Circle Victim stated an individual had gained access to their personal information and opened up an AT&T account with it. A $2597 bill was received by victim. 10-30-03 1902 031334 Traffic Arrest—Driving While Suspended Route 71/Highpoint Road Officer stopped a vehicle because the registered owner's driver's license was suspended. The owner was driving and arrested for such. 10-30-03 2055 031335 Towed Vehicle Route 34/Route 47 An abandoned vehicle had been tagged by officers previously. Vehicle was still at location and towed away by officers. 11-01-03 Unk. 031340 Criminal Damage to Property 200 Blk. Elizabeth Street Victim stated individual(s) unknown shot out a light at their residence with a pellet gun. Damage valued at $70. 11-01-03 1650 031342 Driving While Revoked/Possession of CannabisRoute 47/Hydraulic Avenue Officer stopped vehicle for having a loud muffler and a cracked windshield. Driver also had a revoked driver's license. Driver arrested for such and taken to Corrections. During an inventory of personal items, a plastic bag containing cannabis was located. 11-01-03 2135 031343 Hit& Run Accident 500 Blk. Cheshire Court On 11-01-03, an unknown vehicle took out two pine trees located around Cheshire Court and Fairhaven Drive. The vehicle was last seen going eastbound on Cannonball Trail. Damage valued at $300. 11-02-03 1441 031347 Driving While License Revoked Route 34/Route 47 Subject was stopped and arrested for driving while license revoked. 4 of 6 Incident Report Summary - 031278 to 031380.doc J�♦,ct,D C1ry �, Yorkville Police Department Incident Report Summary 'N October 19, 2003 through November 17, 2003 11-03-03 1411 031349 Criminal Damage to Property 300 Blk. Heustis Street Windows had been shot out at above address by BB pellets on 10-31-03,however, was not reported until 11-03-03. Four windows and two screen doors were damaged. 11-03-03 1836 031353 Accident—With Injury Route 47/Center Street Unit 2 was stopped northbound on Route 47 waiting to turn onto westbound Center Street. Unit 1 rear-ended Unit 2. Unit 2 Driver was transported to Copley Hospital. Unit 1 Driver was issued citation for failing to reduce speed to avoid an accident. 11-03-03 1903 031354 Domestic Situation 1000 Blk. Homestead Drive Officer was dispatched to address for a verbal argument between two adults. No arrests. 11-07-03 0845 031360 Towed Vehicle Route 126/Route 71 A vehicle that had previously been tagged by officers as abandoned was towed. 11-07-03 1345 031361 Criminal Damage to Property 200 Blk. W.Center Street Juvenile violators damaged property to a private school (decorative brick ruined by skateboarders). All offenders were referred to the Juvenile Court System. Damage valued at$100. 11-07-03 2006 031363 Driving Under the Influence of Alcohol Route 71/Timbercreek Dr. Subject was found to be DUTA after initial observations. Driver had a 0.16% Blood Alcohol Content. 11-08-03 1350 031366 Theft$300 And Under 200 Blk. E.Veterans Pkwy Victim believed her wallet was taken from her purse while she was shopping. Her purse was unzipped and left unattended for a short time period. Later, victim called police and reported she located the wallet,between the bottom of a car seat and the car door. Report unfounded. 11-08-03 Unk. 031367 Burglary From Motor Vehicle 300 Blk. E.Kendall Drive Victim reported a CD stereo was taken from inside their vehicle along with a remote to the stereo. Stolen property valued at $400. 11-08-03 1645 031368 Retail Theft 2000 Blk. S.Bridge Street An unknown vehicle with a trailer pumped $39.76 worth of gasoline and left without paying. 11-09-03 0755 031369 Residential Burglary 400 Blk. Spicebush Court A house under construction had various construction tools taken from it. Tools valued at $3955. 11-09-03 1210 031371 Criminal Damage to Property 1200 Blk. Sunset Street During the evening, unknown person(s)threw numerous eggs at this residence. The paint was damaged. Damage valued at $75. 5 of 6 Incident Report Summary- 031278 to 031380.doc a2��f.D,.J CO). ,jam... " Yorkville Police Department Incident Report Summary EsT%lam October 19, 2003 through November 17, 2003 11-10-03 0815 031372 Driving While License Suspended Route47/Galena Road Driver found to have a suspended license and arrested for such. 11-10-03 1430 031373 Possession of Cannabis/Drug Equipment Yorkville High School A juvenile violator was found to be in possession of cannabis and drug paraphernalia upon an administrative search of the student's vehicle. Juvenile referred to Juvenile Court System and school punishment of suspension. 11-10-03 1825 031374 Domestic Situation 1400 Blk. Chestnut Lane Officer was dispatched to address for a verbal/physical argument between two juveniles/siblings. No arrests or referrals for criminal actions. 11-10-03 1845 031375 Retail Theft 500 Blk. Countryside Cntr Various food and beverages were not paid for by a patron. Loss totaled $13.40. 11-11-03 0217 031378 Zero Tolerance/Consumption by Minor Center Pkwy/Hillcrest Ave. A vehicle was stopped for erratic driving. Juvenile driver was found to be under age and driving under the influence as well as being out past curfew. Two juvenile passengers were released to their parents on the scene, charged with curfew violations. 6 of 6 Incident Report Summary - 031278 to 031380.doc `,� ry NOV o ci12 2003 Jzit o� Yorkville Police Department Memorandum ii 804 Game Farm Road EST 11% , 1836 Yorkville, Illinois 60560 ---,,-'=----_------- Telephone: 630-553-4340 Fax: 630-553-1141 O :4'z ' s 0 <CExv Date: November 11, 2003 To: Chief Harold 0. Martin III From: S/Sgt. Ron Diederich Ref: Speed Trailer Schedule Chief The following is a fluid schedule for the speed trailer locations for the month of November, 2003. As always this schedule will be changed to accommodate requests that may come to our attention. Week of November 3, 2003 Center Pkwy. and Countryside Pkwy., Northbound Week of November 10, 2003 Game Farm Rd. Southbound at Library Week of November 17, 2003 Heartland Dr. Northbound at swimming pool Week of November 24, 2003 Somonauk St. at Freemont, Eastbound Respectfully S/Sgt. Ron Diederich CC: Lieutenant Donald P. Schwartzkopf Yorkville Police Department - Overtime Manhour Utilization Report - November 15, 2003 Date Court Training Relief Details Admin ` Emerg ' Invest Corn Sery Full Time Part Time 05/17/03 5 1 9.5 1.5 6 0 0 5.5 9 36.5 102 05/31/03 8 9 6 43.5 1.50 25.5 3 96.5 85.5 06/14/03 6 0 6 11 29 0 14 6 72 64 06/28/03 8.5 0 0.75 0 2 0 12.5 0 23.75 84.5 07/12/03 6 0 0 4 0 0 8.75 0 18.75 177.5 07/26/03 6 26 6 3.5 4 0 15.5 2 63 162.5 08/09/03 7 2 13 0 3 0 21 I 46 196.75 08/23/03 4.5 7.5 0 0 1 11.5 0 14.25 180.75 09/06/03 6 0 7 62.25 2 0 8.5 6.5 92.25 178.5 09/20/03 3 N 0 0 6.5 0 0 12.5 6.5 28.5 164.5 10/04/03 6 20 0 0 0 0 3.25 121 10/18/03_ 10 12 25 13.75 6 02.5 5.5 74.75 192.5 11/01/03 6.5 7 23 4 2.25 0 a 22.5 7 72.25 110 11/15/03 8 8 6 0 4 0 19 8 53 119.25 _11/29/03 w 0 12/13/03 0 .12/27/03 111111 :01/10/04 a 01/24/04_ 02/07/04 , _ 02/21/04 ' 03/06/04 03/20104 ' 04/03/04 ' 04/17/04 0 05/01/04 0 FY03-04 Court Training Relief Details Admin I Emerg Invest Com Sery Full Time Part Time Totals 90.50 101.00 94.25 154.50 65.25` 0.00 185.25 68.50 759.25 759.25 Percents 12% 13% 12% 20% 9% 0% 24% 9% 100% N/A Average 6.46 7.21 6.73 11.04 4.66 0.00 13.23 4.89 29.20 29.20 LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION FY02-03 Court Training " Relief Details Admin Emerg Invest` Corn Sery Full Time Part Time Total Hours 100.25 154.75 557.5 232.75 113 16 488.75 130.5 ,'_1793.5 1824 Percents 6% 9% 31% 13% 6% 1% 27% 7% 100% N/A Averages 3.86 5.95 21.44 8.95 4.35 0.62 18.80 " 5.02 94.25 70.15 Prepared by Mo11y Batterson 11/17/2003 Page 1 Yorkville Police Department - Overtime Manhour Utilization Report - November 1, 2003 Date Court Training Relief Details Admin Emerg Invest Corn Sery Full Time Part Time 05/17/03 5 9.5 1.5 6 0 0 5.5 9 36.5 102 05/31/03 8 9 6 43.5 1.5 0 25.5 3 96.5 85.5 06/14/03 6 0 6 11 29 0 14 6 72 64 06/28/03 8.5 0 0.75 0 2 0 12.5 0 23.75 84.5 07/12/03 6 0 0 4 0 0 8.75 0 18.75 177.5 07/26/03 6 26 6 3.5 4 0 15.5 2 63 162.5 08/09/03 7 2 13 0 3 0 21 0 46 196.75 08/23/03 4.5 7.5 0 0 11.5 0 14.25 2 39.75 180.75 09/06/03 6 0 7 62.25 2 0 8.5 6.5 92.25 178.5 09/20/03 3 0 0 6.5 0 0 12.5 6.5 28.5 164.5 10/04/03 6 20 0 0 0 0 3.25 13 42.25 121 10/18/03 10 12 25 13.75 6 0 2.5 5.5 74.75 192.5 11/01/03 6.5 7 4 2.25 0 22.5 7 72.25 110 11/15/03 11123 IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 11/29/03 0 _ 12/13/03 012/27/03 0 01/10/04 0 01/24_/04 0 02/07/04 0 02/21/04 0 03/06/04 0 03/20/04M 0 04/03/04 0 04/17/04 .__.... 0 05/01/04 0 FY03-04 Court Training Relief Details Admin Emerg, ' Invest Corn Sery ''Full Time Part Time Totals 82.50 93.00 88.25 154.50 61.25 0.00 166.25 60.50 706.25 706.25 Percents 12% 13% 12% 22% 9% 0% 24% 9% 100% N/A Average 6.35 7.15 6.79 11.88 4.71 0.00 12.79 4.65 27.16 27.16 LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION FY02-03 Court Training Relief Details Admin' Emerg Invest,. Corn Sery Full Time Part Time Total Hours 100.25 154.75 557.5 232.75 113 16 488.75 130.5 1793.5 1824 Percents 6% 9% 310/0 13% 6% 1% 27% 7% 100% N/A Averages 3.86 5.95 21.44 8.95 4.35 0.62 18.80 5.02 94.25 70.15 Prepared by Molly Batterson 11/3/2003 Page 1 !Pe'cu.71011%/SlI Nog po„, Ch itli '11 1iS \IV GVNOEO IN 0 YORKV II ,I ,E POLICE DEPARTMENT CHIEFOF POLICE 804 Game Farm Road Phone (630) 553-4340 Harold O.Martin III Yorkville,Illinois 60560 Fax (630) 553-1141 Date: November 10, 2003 To: Chief Harold O. Martin III From: S/Sergeant Ron Diederich Reference: Monthly Mileage Report During the month of October 2003, the Yorkville Police Department logged a total of 19,330 miles. Individual miles are: kft�Cu> en Reassi / Monthly gn Squad Vehicle Squad Usage Miles :-', *,,,°':j.,!..;.,,„?',- Replace Date M-1 2001 Ford Crown Victoria Patrol 1,992 :; 2004/2005 „.-.40:130,',4 M-2 1996 Chevrolet Caprice Admin. 438 '11,A2004/2005 M-3 1998 Ford Crown Victoria Admin. 422 .4,;,:,X44:4;,,,,,*-: 2003/2004 M-4 2002 Chevrolet Impala Patrol 2,9484v17 2005/2006 M-5 1998 Ford Crown Victoria Admin. 929 i 64 ,0 - 2003/2004 M-6 2003 Chevrolet Impala Chief 1,071 -' •-.1.404,47. - �� 67' 2007/2008 yam, M-7 2001 Ford Crown Victoria Patrol/Support 606 83 2004/2005 M-8 2004 Ford Crown Victoria Patrol 2,6574,^ , 4 -, 2007 /2008 M-9 2000 Ford Crown Victoria Lieutenant 501 e� � 1 4_ 2004/2005 M-10 1991 Ford Thunderbird DARE 461 2004/2005 0 . ~'ems M-11 2003 Ford Crown Victoria Patrol 824 8 2005/2006 M-12 1999 Ford Expedition Patrol/Support 1,501 .- 114:7! 2009/2010 M-13 2001 Ford Crown Victoria K-9 590 „0. 2010/2011 M-14 2003 Ford Crown Victoria Patrol 2,667 4, 2005/2006 M-15 2004 Ford Crown Victoria Patrol 1,723 7 2007/2008 Yorkville Police Department 804 Game Farm Road Yorkville, Illinois 60560 630-553-4340 Date: November 11, 2003 To: Chief Harold O. Martin III From: S/Sgt. Ron Diederich Reference: Alpha Speed Trailer Chief The Alpha Speed Trailer was deployed on the following dates and locations during the month of October, 2003. October 1 through October 3 Mill St. Northbound at Orange October 8 through October 9 W. Kendall Dr. Westbound at Center Pkwy. October 13 through October 14 Sign Mode, YEDC Meeting, Beecher Center October 15 through October 18 Sign Mode, City Hall October 20 through October 23 300 block E. Kendall for Westbound traffic October 29 through October 31 Sign Mode, Census Workers Needed, Bridge St. at W. Center St. The trailer was in operation for 322 hours this month. Respectfully, S/Sgt. Ron Diederich Yorkville Police Department Offense Report - October 2003 ti � _ .. MA1 ,� I ��: Ui ; P , s : 03 E S ;f}fId�b. #e �� s, y ..��fib lib��2L �, 02 . - 'AIs� ,)„��IAR M.,��E �A.��I - . �� .. � � �. .. 0�,n . ,am, � � � , m� . u � �w„„.6, ,. _ . � . a. � , wr �..a . . � ,, � Arson 0 0 0 0 0 0 0 0 0 0 0 0 0 Assault 1 2 0 0 0 0 2 1 0 0 0 1 1 5 _ Battery 9 6 8 4 3 9 8 8 6 ._._ 15 74 Burglary 18 9 18 7 2 1 4 2 6 14 3 9 3 51 Cannabis Offenses 2 1 0 1 1 2 2 2 2 1 3 4 2 20 Controlled Substance Offenses 0 0 1 0 0 0 0 0 0 0 0 2 0 2 Crimes Involving Children 3 3 4 2 7 0 4 1 0 0 4 2 2 22 Criminal Damage 46 11 23 9 3 10 10 15 13 11 11 10 15 107 Deceptive Practices 3 4 2 9 2 7 2 0 2 4 1 7 2 36 Drug Paraphernalia Offenses 2 3 1 1 1 1 1 2 0 1 2 3 2 14 Firearms Offenses 0 o 0 0 0 0 __.. 0 0 0 0 0 0 ro-- 0 0 Gambling Offenses 0 1 0 0 0 0 0 0 0 0 0 0 0 0 Kidnapping 0 3 0 0 0 0 0 2 1 0 0 0 1 0 0 2 Liquor Offenses 1 2 0 0 1 0 1 1 0 6 3 7 0 2 20 Murder 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sex Offenses 0 0 10 0 0 0 0 0 _0 1 0 0 1 Theft 9 13 10 6 4 10 4 8 8 _ 7 10 10 15 82 All Other Criminal Offenses 14 16 17 13 18 20 15 21 0 22 13 10 16 148 �•:,,N � ` x1 . ,.�Alz�; �1':R.: ., AY ,..JitlJ � anr l" i," '''!'''''Ilit .42 t �Yd�llts � l� i, r � . , bT. ,v,„.„9' CaI _ , 0 0 49Driving Under The Influence 3 9 6 8 7 10 4 0 8 0 12 License/Registration Violations 48 36 18 33 41 44 45 44 36 27 70 25 19 384 Seatbelt Citations 6 15 1 9 18 9 2 19 10 37 36 17 6 163 Seatbelt Warnings — 4 0 9 8 8 0 11 15 13 28 — 14 13 15 125 Speeding Citations 44 21 16 _3_1 39 39 32 25 _ 38 26 20 23 16 289 Speeding Warnings 51 36 19 44 64 45 35 0 033 51 33 32 337 Transportation of Alcohol 3 3 2 0 1 2 0 0 2 0 3 0 0 8 Uninsured Motor Vehicle 47 27 20 36 39 32 44 44 34 23 33 22 15 322 ` ,, ,... r ,,,- Iot�1 Citat►ohg,Issued _, :.,21 13G 7/ _, .175 .: 164 .1 1:; 111.,. 129 _ . 159. :110 137 .x,. 5 I =3 3 4,_ 2 •3 4 86` 38 � 390 1 otai Verbal•VVarn�n §Issued _ 71 34 37 �: . 2 9 7 3 , Totalritten Warnings Issued 297' . • 234 j;-...167 297 451 285 282, 371 I --''221 228 , 242 ,.:241 230 2848 6, ems., : Act dei[wee a s�'iCcen, _. ,. C� �' NOV<1�0�''• ,' DIE:+r�.;<., .,IAS .4:,,. .,$,� � ., .� ATS-,,:�' �� M,�i� .dH� ;1 d Via, ,:,A� �+ " � � .., `. �<<-...� X '�,� dam, . , ...��i>+1 .�"CF.,, _ I . , ��- „�.. ..,, �a� �.. ,.�3�... ,�f.L.r,.''','-'3V.ii-' 5 .,�t . _ � ter. �_e r;, mt� ,.. ....w - .�� Mr. � �„_. ,,., ;, tel..; � , Hit and Run Accident 2 1 3 4 2 3 1 3 0 2 2 3 0 20 Property Damage Accident 21 24 23 17 20 23 14 19 25 21 18 22 16 195 Personal Injury Accident 3 4 5 3 1 3 0 2 7 5 7 4 6 38 Total Accidents Tiketn;s : „26 29 .1::''.'.,',,"31' 24 '',23,'[..'. 29 , Y5 x"24" 32 28; 2 29 22 , 253 Yorkville Police Department Manhour Report - October 2003 7? OCT.02. NOV'rb2 s, ,a-�m 4 ... moi. ,,,.�.3a -�ea s g.�-..<.. .,,,... I�,..,,, ,, „mr v.. I..,,•F.: �, :..� S4�:.,sk I, Ii'P3 .I;.E`t .; I At4 514W 11 L d, AVk?-'a :g lop Accidents 21.37 26ry05 13.80 16.00 16.75 21.75 9.75 18.02 21.92 18.52 21.25 20.25 21.78 185.99 Administrative Activity 650.8 50 3 2.75 326.80 432.67 316.42 354.65 293.67 271.07 346.08 415.17: 330.25 385.27 666.25 3,811.50 Animal Complaints 3.17 _ 3.25 2.33 2.50 4.75 3.92 2.08 9.83 5.42__ 9.70 2.75 6.00 3.50 50.45 Arrest Activity 15.42 20.98 21.67 21.82 24.63 26.58 35.33 20.33 37.75 41.75 28.08 19.17 16.38 271.82 Assist Agencies 110.03 109.68 98.48 115.82 125.00 106.42 109.42 132.60 126.06 154.75 170.27 148.88 119.17 1,308.39 Community Relations 41.28 42.7542.58 27.50 25.42 37.58; 30.87 64.50 46.67 85.92 94.42 61.33 44.75 518.96 Departmental Duties 74.75 74.58 89.43 87.58 97.08 72.08 87.00 77.83 80.73 79.08! 92.98 77.22 98.30 849.88 Investigations 143.33 106.75 142.92 116.87 89.42 100.50 45.08 99.25 112.08 89.25 50.42 94.73 797.60 Ordinance/Traffic Violations 66.98 mm71.07 83.78 63.10 86.82 63.33' 84.00 69.15 58.22 46.00 64.42 72.88 48.83 656.75 Personnel Activity 618.25 649.75! 698.58 466.35 344.30 434.97 516.75 427.25 527.93 614.07 464.57 597.57 677.45 5,071.21 Preventive Patrol 541.97 550.83 585.83 520.33 558.52 622.80: 688.13 718.98 626.83 789.57' 952.50 774.12 996.28 7,248.06 Public_Complaints 45.28 45.03! 44.17 36.13 40.33 51.95 63.67 64.33 62.77 84.43' 99.75 63.98 104.32 671.66 PublicServices39.20 20.58' 34.38 35.67 31.33 36.75: 28.75 33.08 28.67 38.67: 30.75 49.67 64.95 Report Activity 174.83 139.78 129.33 177.33 114.73 143.75: 172.90 119.58 131.50 156.83 189.25 161.82 231.27 1,598.96 SchoolActivity 218.08 147.081 174.75 230.08 192.83 252.75: 166.33 213.00 61.75 4.75 74.83 226.08 358.07 1,780.47 Traffic-Activity 226.50 301.58 328.58 309.17 287.98 257.50 241.33 252.75 212.75 216.30 267.33 250.83 289.75 2,585.69 Training 274.92 160.20 19.17 127.83, 102.3333 12 8.08 290.42 333.08 ..� 164.00; 241.08 102.67 110.07 354.65 1,954.21AmMITCIATrEo � OT< �__ a . , s � _» .� � ��B$144Iiiy ',,;41v1.A� 1 zir +nJ .nL2x ..fAg as,m, ,OCTt ,zo9',ToT�. Chief 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,733.30 CPAT Officer 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,733.30 Crossing Guards(In Days) 47.00 36.00 32.00 38.00 33.50 34.00 32.00 40.50 8.00 0.00 8.00 42.00 43.50 279.50 Lieutenant 173.33 173.33, 173.33 173.33 173.33 173.33' 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,733.30 Office Supervisor 173.33 173.33 173.33 173.33 mm 173.33173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,733.30 Records Clerks 296.33 270.33 263.33 278.83 276.08 302.83 297.83 290.58 277.08 177.33 182.33 266.83 298.33 2,648.05 TOTALS � .� : :� ,; =:F s. ,N:. .. 3, o 43024$ 0972:35 :,X825:24 .: 196 ,l ;.. ,' .L � �.. ,s.. .: ... _,;.: �:,,:. .,;��,.. , .r�F I �34G1.54 a„3745 51 x,3868 63 X3949,U3 ,��3�29,53 396 49 . 392U fd a402749 .4,p548 .., �,��9G,OD:6S; MUNICIPAL FINANCE SERIES OFFICE OF LOCAL GOVERNMENT MANAGEMENT SERVICES MUNICIPAL REVENUE SOURCES STATE SHARED REVENUES 1. SALES TAX The State distributes 1% of the basic 6.25% sales tax collected within a municipality to the municipal government. This tax is imposed on the sale of tangible personal property including food to be consumed off the premises and medicines and medical appliances. The tax rate is higher in Chicago and St. Louis area metropolitan counties for mass transit and in one county (Du Page)for a Water Commission. Home rule municipalities can impose an additional rate without limitation in .25% increments. There are no restrictions in the use of this revenue. Non-home rule municipalities may impose an additional 1/2 of 1% by referendum to be used only for infrastructure improvements. Infrastructure is defined as: streets, bridges, sidewalks, Waste disposal systems,water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities and sewage treatment facilities. In addition to the sales taxes returned to the municipalities based upon local sales, municipalities also receive State Use Tax. The Use Tax is distributed on a per capita basis. For the period beginning May 1. 2003 through April 30, 2004, the Illinois Municipal League estimates the per capita distribution to be $8.80 State Use Tax. 2. INCOME TAX On July 1, 1995, municipalities began receiving one-tenth of the income tax. For the period beginning May 1, 2003 througbApti 2004, the Illinois Municipal League estimates the mer capita distribution to e_,$.59.60 for the Income Tax There are no restrictions on the use of this revenue. • 3. MOTOR FUEL TAX The,State imposes a 19 cent tax on each gallon of gasoline sold at retail. Local governments receive 41.6% of the collections, after deductions for certain programs and administrative costs. unici alities receive 49% of local aov emment distributions. The tax revenue is distributed according to popu ation. For the period beginning May 1,2003 through April 30, 2004, the Illinois Municipal League estimates the per capita Motor Fuel ,gx distribution tn_be $28.80. This revenue is restricted to street related maintenance and improvements and projects must be approved by the Department of Transportation. 'D& Es &F 71 is-rR.t R tsw t S r15€�id4�lur11 1-1 1 4. PERSONAL PROPERTY REPLACEMENT TAX • This revenue is derived primarily from the income tax on corporations. It replaces the revenue received from the tax on corporate personal property prio979. Municipalities, exclusive of Cook County municipalities, receive a share of the distribution of these funds based upon the amount of corporate personal property tax collected for them in 1977 in proportion to the total amount of personal property tax collected in the state outside of Cook County. Municipalities in Cook County receive a share of the distribution of the funds based upon the amount of corporate personal property tax collected for them for 1976 in proportion to the total amount collected in Cook County. For the period beginning May 1, 2003 through April 30, 2004, the Illinois Municipal League estimates the statewide distribution to be$700 million. This represents • a decrease of 7.1% over the previous year. Each municipality should also receive from the road district covering the municipality a portion of each personal property rep acement tax check issued to the road district, so long as the municipality received a portion of the road and bridge levy in 1979. At the same time, municipalities must return aportion of each personal property replacement tax check to their respective libraries if a library tax was levied on or before December 31, 1978. This revenue is restricted in its use to the retirement of general obligation debt that was incurred on or before December 31, 1978, pension obligations and the municiagarary. When these liens are satisfied, the money can then be used for other purposes related to property taxes. For an explanation of how to calculate the allocation of this money, DCEO has available, upon request, a separate fact sheet on the topic. OTHER SHARED REVENUES 1. ROAD AND BRIDGE TAX When a Road District levies a road and bridge tax, one-half of the tax collectedon propertying within a municipality, in which streets and alleys are under the care of the municipality, must be turned over to the municipality. This revenue must be used for the improvement of roads or streets. If a municipalit redoes not appropriate this tax revenue for the improvement of roads or streets within one year from the date of receipt, then the unappropriated portion of the tax revenue is to be returned to the Road District Treasurer. This sharing with the municipality of this Road District levy is described in 605 ILCS 5/6-507. 1-2 OPTIONAL LOCAL REVENUES 1. PROPERTY TAX There are 73 levies non-home rule municipalities are authorized to impose-to meet operating or capital outlay expenses and 2�es that are authorized to cover debt service expenses for general obligation debt: Of the 73 authorized levies for operating and capital expenses, 26 can be imposed without referendum. Those non-referendum levies are listed below with the rate limit. Levies that are of a similar type are grouped together under a general heading. • Audit No limit 65 ILCS 5/8-8-8 Chlorination of Sewage .02% 65 ILCS 5/11-142-3 Corporate .25% 65 ILCS 5/8-3-1 Emergency Services & Disaster Operations* .05% 65 ILCS 5/8-3-16 Fire Protection .15% 65 ILCS 5/11-7-1 Garbage Disposal .20% 65 ILCS 5/11-19-4 Harbor Construction .0125% 65 ILCS 5/11-123-11 Police Protection .15% 65 ILCS 5/11-1-3 Public Comfort Stations .0833% 65 ILCS 5/11-70-1 Public Building Restoration .0333% 65 ILCS 5/11-21-4 School Crossing Guard .02% 65 ILCS 5/11-80-23 Street& Bridge`* .06% 65 ILCS 5/11-81-2 Street Lighting**" .05% 65 ILCS 5/11-80-5 . Working Cash'`**" .05% 65 ILCS 5/8-7-3 INSURANCE LEVIES Tort Judgments, General and Liability No Limit 745 ILCS 10/9-107 Unemployment No Limit • 745 ILCS 10/9-107 Workers' Compensation No Limit 745 ILCS 10/9-107 PENSION LEVIES Firemen's Pension No Limit 40 ILCS 5/4-118 Illinois Municipal Retirement Fund No Limit 40 ILCS 5/7-171 Policemen's Pension No Limit 40 ILCS 5/3-125 Social Security No Limit 40 ILCS 5/21-110 Medicare No Limit 40 ILCS 5/21-110.1 1-3 • CAPITAL IMPROVEMENT OR ACQUISITION LEVIES Public Building Commission Lease No Limit 50 ILCS 20/18 Lease or Purchase No Limit 65 ILCS 5/11-76.1-2 • 0 Public Benefit(Special Assessments) .05% 65 ILCS 5/9-2-39 •� Special Service Area* No Limit 35 ILCS 200/27-25 * Rate not to exceed 25 cents per capita. ** Levy to be reduced and abated in accordance with share received from the road district levy. *** 2/3 vote of the corporate authorities is required to authorize levy. **** No tax levy allowed if maximum amount of bonds has been issued under 65 ILCS 5/8-7-2. The purpose of this levy is to allow a municipality to create a separate fund of money to be used to meet ordinary and necessary expenditures in anticipation of receipt of tax money. The maximum rate limit for certain levies can be raised by referendum. Additionally, several of the above levies may be greater than the maximum limit if the levy was authorized at a higher maximum rate as of 7/1/67. Decoy's Property Tax Rate and Levy Manual should be checked to see if either of these exceptions to the standard maximum rate applies to a particular levy. The Pro a max Rate and Levy Manual which is revised annually, should also be reviewed to become familiar with the levies requiring a referendum. There may be times when citizens may be willing to authorize a property tax levy for a certain service activity. For those levies for which there is no rate limit, the levy should be limited to only that amount sufficient to pay expenses for the specified purpose. 2. UTILITY TAX Municipalities are allowed to tax electric, gas and water utilities within the municipality. Utilities that can be subject to a 5% tax on gross sales are gas and water; if the population of a municipality is over 500,000 population the maximummfor gas is 8%. The tax on electric is based on the usage of kilowatt-hours as specified in the statutes (declining block rate structure). There are no restrictionsathe use of this revenue. (65 ILCS 5/8-11-2)amended 2002. 3. VEHICLE LICENSE TAX Municipalities are allowed to impose a tax on each vehicle owned or operate) by a resident or a business in the municipality. There is no limitation on the amount charged. The revenue is to be used for street-related expenditures and in cities and villages of more than 3,000 inhabitants up to 35% of the collections may be used for olice salaries for regulating traffic. (65 ILCS 5/8-11-4) 4. MUNICIPAL AUTOMOBILE RENTING OCCUPATION TAX Municipalities are authorized to impose a tax on businesses renting automobiles in the municipality at a rate not to exceed 1,% of the gross receipts from such business. A municipal ordinance or resolution imposing the tax is to be sent to the Illinois Department of Revenue. The Department will collect and enforce theax. There are no restrictions on the use of this revenue. (65 ILCS 5/8-11-7) 1-4 5. MUNICIPAL AUTOMOBILE RENTING USE TAX Municipalities are authorized to impose a tax upon the privilege of using an automobile that is rented from an agency outside Illinois, and which is titled or registered with an agency of this State's government, at a rate not to exceed 1% of the rental price of such automobile. A municipal ordinance or resolution imposing the tax is to be sent to the Illinois Department of Revenue. The Department will collect and enforce the tax. There are no restrictions on the use of this revenue. (65 ILCS 5/8-11-8) 6. REPLACEMENT VEHICLE TAX Municipalities are authorized to impose a tax of$50 on any passenger car purchased within the municipality by or on behalf of an insurance company to replace a vehicle of an insured person in settlement of a total loss claim. A municipal ordinance imposing the tax is to be sent to the Illinois Department DepartrrieW6TRevenue. The Department will collect and enforce the tax. There are no restrictions on the use of this revenue. (65 ILCS 5/8-11-9) 7. MOTOR VEHICLE LEASING TAX Municipalities are authorized to impose a tax upon the privilege of leasing motor vehicles within the municipality on a daily or weekly basis in an amount not to exceed $2.75 per vehicle per rental period specified in a lease agreement. The ordinance or resolution imposing any such tax shall provide for the means of its administration, collection and enforcement by the municipality. There are no restrictions on the use of this revenue. (65 ILCS 5/8-11-11) 8. FOREIGN FIRE INSURANCE TAX Municipalities are authorized to impose a tax on insurance premiums generated from within the municipality and received by firms incorporated outside this State. The tax is not to exceed 2% of the gross receipts received from fire insurance. The Illinois Municipal League administers this tax for many municipalities. This tax is not a true source of revenue, in that officials of the municipality do not control the expenditure of this money. The municipal treasurer is to pay the sums received from the insurance companies to the treasurer of the fire department. If there is no fire department treasurer, the municipality is to pass an ordinance providing for the election of fire department officers by members of the department. Municipal authorities control over the expenditure of this revenue was removed JanuaryI, 1990 by a change in the statute. (65 ILCS 5/11-10-1) 9. AMUSEMENT TM Municipalities are authorized to license, tax and regulate all athletic contests and exhibitions carried on for profit. This tax is to be based on the gross receipts derived from the sale of admission tickets. The tax is not to exceed 3% of the gross receipts. There are no restriction on the use of this revenue. (65 ILCS 5/11-541) 1-5 10. COIN-OPERATED DEVICE TAX Municipalities are provided the authority to impose taxes or licenseiees on coin-operated devices as described in (35 ILCS 510/1). There is no limitation on the amount of such tax. License fees cannot be increased until notice of a public hearing on the proposed increase is given and such hearing has been held. There are no restrictions on the use of this revenue. (65 ILCS 5/11-55-1) 11. HOTEL/MOTEL TAX Municipalities are permitted to tax hotels/motelp at a rate not to exceed 5% of gross rental receipts. Revenue from this.tax is restricted to the promotion of tourism and conventions'within the municipality.. (65 ILCS 5/8-3-14) Home rule municipalities are not bound by any of the restricted uses for the preceding local tax revenues except the restrictions on#8-the Foreign Fire Insurance Tax. Home rule municipalities may also tax alcoholic beverages, cigarettes or tobacco products, gasoline, and the sale or transfer of real property. 12. LICENSE AND PERMIT FEES Municipalities have the authority to impose license and permit fees on business activities where inspection and regulation of the activity are necessary to ensure the health, safety, and welfare of the community. License and permit fees must be reasonably related to the municipality's administrative expenses for inspection and any other regulatory activities. License and permit fees are commonly imposed for enforcing the Liquor Control Ordinance 235 ILCS 5/4-1, regulating certain businesses 65 ILCS 5/11-42-1 through 5/11-42-8, regulating building construction 65 ILCS 5/11-30-1, regulating the behavior of animals 65 ILCS 5/11-20-9, and regulating the sale of beverages and food. (65 ILCS 5/11-20-2) 13. FRANCHISE FEES Franchise fee revenue results from a contractual agreement between a municipality and a private business. The business is permitted the privilege of regular access to municipal property and use of municipal services, so that it may operate, in return for some form of compensation. The most common franchise fee agreements are with investor-owned utilities. Typically, the franchise agreement results in the municipality receiving the utility service free and/or at a discount rather than receiving a cash payment. Franchise fees may involve solicitation of bids among competing businesses to determine which business will have the exclusive privilege to provide the service or product within the municipality. Franchise fees are common! im.ose. .1 -ble tele ' .•• • •• , - - • - .n, and taxi service. Federal law prescribes the nature of municipal regulation of cable television owners and limits franchise fees to 5% of gross revenue. 1-6 14. FINES • Fines can be imposed for violatin a municipal ordinance. Municipalities can also receive revenue from fines imposed for state tra1 w viooaafions that occur within the corporate limits, if the arrest is made by the municipal law enforcement authorities. (65 ILCS 5/1-2-8 and 625 ILCS 5/16-105) 15. INVESTMENT INCOME • A prudent investment strategy can yield significant revenue. All money not immediately needed must be invested within two working days in an interest-bearing account. (301LCS 225/1) Municipalities are authorized to combine cash balances from more than one fund for investment However, money combined for such purposes must still be accounted for separately, with earnings apportioned to the appropriate fund. (30 ILCS 235/4) 16. USER CHARGES Imposing user charges covers the cost of providing specific services to the public by municipalities. They are commonly imposed for the operation of an enterprise such as water, sewer,parkipg, etc. An enterprise must be operated like a business and user charges should cover all operating expenses. Property taxes should not subsidize a utility or other enterprise. 17. SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX Municipalities are authorized to impose a tax on businesses originating or receiving telecommunications or retailers engaged in the business of transmitting such telecommunications within a municipality at a rate not to exceed 6% (7% in Chicago)of the gross receipts from such business. A municipal ordinance or resolution imposing the tax is to be sent to the Illinois Department of Revenue. The Department will collect and enforce the tax. There are no restrictions on the use of this revenue. (35 ILCS 636/5-5) • • 1-7 Minute of Town Meeting November 24, 2003 Re: Gilbert Park acquisition and development On November 24'2003 the Yorkville Park and Recreation Board invited residents of Yorkville to a Town Meeting for input and comments regarding the proposed acquisition of property on the corner of Adrian and Washington for a possible park development. Flyers were directly mailed to all the residents within a five block radius. In addition, a notice was posted in the local papers. The following residents attended to the town meeting on November 24th at 6:30 pm. Bob and Shirley Mayes—706 Morgan Jim Mowatt—707 Morgan Dan and Jan Gilbert—700 Morgan Jeff Spang —907 South Main Street Wies and Sherry Stuart—905 Adrian Street Jim and Judy Vermaat Sr. — 705 Adrian Street Carole Lenfheirt—309 E Fox Street Alderman Rich Sticka Alderman Larry Kot Park Board Members Chris Rollins Ken Koch Heather Fiala Dave Cathey (*) Richard Korinek (*) Bob Pilmer *arrived late Park and Recreation Staff Laura Brown Scott Sleezer Mike Schoppe, Land Planner The concept drawing and proposed property acquisition was presented by Park and Recreation Executive Director Laura Brown. In addition, Brown explained the use of Park Land Cash funds for the sole purpose of park development. Several residents expressed concerns for a need of an active park in this area of town. Residents expressed a lack of children in the immediate areas surrounding the proposed park. Others indicated there were children and grand children in the area, but they still did not want a park because of the lack of parking, or sidewalk access to the park. Staff clarified the residents position, of not wanting any park in the area. Residents indicated that they would like a passive park(senior park) or the lot to remain as open land. Staff expressed a desire to re-look at the proposed development plan and direct the City land planner to come up with another option of a more passive park. Staff indicated that once another plan could be developed, another town meeting would be held to get the resident input once again. Residents also concern that there may be a need for a larger park with ballfields, etc. to serve the area in the future and not wanting this park to be the only planned park for the area. They wanted this type of park to still be addressed through the Park Master Plan, especially if an opportunity would surface in the future. One written correspondence from Ron and Virginia Stibbe, 605 South Main Street, stating opposition to the proposed park development. Staff Recommendation: To authorize the Mayor, City Attorney and Staff to proceed with the land acquisition of the property at Adrian and Washington Street for a future park for the amount of $40,000. The type of park development and amenities of the park will be determined at a future date with additional input for the residents. I I General Qualifications Table of Contents The information in this Statement of Qualifications is a summary of CEC's services. IPlease contact a CEC office in your area for further information. I1. Introduction 2. Site Assessment and Characterization I3. Environmental Audits and Hazard Assessment 4. Solid and Hazardous Waste Management Capabilities 1 5. Hydrogeology and Groundwater Modeling 6. Site Remediation and Waste Treatment I7. Risk Assessment 8. Site Rehabilitation I9. Underground Storage Tanks 10. Civil Engineering and Site Development I 11. Geotechnical Engineering 12. Construction Phase Services I13. Surveying Services 14. Landscape Planning& Landscape Architecture I15. Life Sciences and Ecological Services 16. Wetland Services I 17. Knowledge Systems 18. Resources I 19. Client References 20. Personnel I 21. Quality Assurance 22. Mold Consulting I 23. Forensic Engineering Appendix—Partial Listing of CEC's Civil& Environmental Projects 1 ' Iii/ General Qualifications 1. Introduction Civil & Environmental Consultants, Inc. (CEC) is an environmental, civil, and geotechnical engineering ' firm providing technical consulting services to private industry, real estate developers, architects, and public agencies. CEC was founded on the concept that our clients want, and today's complex projects require, in-depth principal or senior-level personnel involvement. CEC ensures this by providing senior- level personnel, who on average have more than 15 years of industry experience, on all projects for management, planning, and review. As a result, CEC prepares technical documents that are fully responsive to our clients' needs, considers all appropriate regulatory constraints, and identifies vital ' aspects that are critical for successful project completion. Founded in 1989, CEC has expanded operations to include eight offices employing over 225 people. CEC's corporate headquarters are located in Robinson Township, Allegheny County, Pittsburgh, Pennsylvania. The professional and support staff of CEC is comprised of technical staff specializing in civil, geotechnical, environmental and sanitary engineering; hydrogeology; geology; biology; environmental chemistry; soil science; risk assessment; landscape architecture, master planning, site development; and construction quality assurance. CEC's regional offices are located in Chicago, Illinois; Cincinnati, Ohio; Columbus, Ohio; Export, Pennsylvania; Indianapolis, Indiana; Nashville, Tennessee; and St. Louis, Missouri. These offices provide the same range of services and the same approach to the successful completion of projects for our clients through CEC's ability to seamlessly integrate its professional staff across various office locations. Indianapolis,IN Chicago,IL Cincinnati,OH ' Columbus.OH Via " _... • Export.PA Pittsburgh,PA ' Nashville,TN St.Louis.MO ' ® CEC Office Location CEC has performed services in the states indicated by color. I CEC is a management-owned corporation, with total revenues in 2002 of over $29 million. CEC has ' been named one of the top 500 design firms and one of the top 200 environmental firms in the country by the Engineering-News Record. CEC has also been named one of the "Pittsburgh 100," a list of Pittsburgh's fastest growing businesses, by the Pittsburgh Business Times for four consecutive years. ' CEC provides services in the following areas: ' 1-1 /,iii/ General Qualifications ❑ Site Assessments&Characterization ❑ Underground Storage Tanks ❑ Environmental Audits&Hazard Assessments ❑ Geotechnical Engineering ❑ Solid&Hazardous Waste Management ❑ Civil Engineering& Site Development ❑ Hydrogeology&Groundwater Modeling ❑ Construction Phase Services ❑ Site Remediation&Waste Treatment 0 Surveying Services ❑ Risk Assessment ❑ Land Planning&Landscape Architecture ❑ Site Rehabilitation ❑ Life Sciences&Ecological Studies U Wetland Services ❑ Knowledge Systems Since our founding, CEC has successfully completed projects in more than 45 states, including several for international clients. Our organization offers extensive hands-on project experience, including a comprehensive knowledge of regulatory requirements and site permitting, and an awareness of construction and permitting costs involved. CEC provides extensive site development services to real estate developers,business, and industries, from conceptual design and environmental assessment through final design, permitting, and construction. CEC utilizes a multi-disciplinary approach to waste management issues and remediation programs emphasizing cost-efficient designs and proven state-of-the- I art technologies. CEC maintains a pro-active involvement in all phases of environmental assessment, remediation system design,and construction administration. Our staff is composed of professional and support personnel of various technical disciplines, including: ❑ Professional Civil,Geotechnical,Environmental,Chemical, Sanitary,Mechanical and Mining Engineers ❑ Professional Geologists,Hydrogeologists and Hydrologists U Environmental Scientists,Ecologists,Biologists,and Wildlife Scientists U Certified Hazardous Materials Managers ❑ Agronomist/Soil Scientists ❑ Highway Design Engineers ❑ Construction Inspectors &Environmental Technicians ❑ CAD Designers and Operators ❑ Registered Land Surveyors ❑ Registered Landscape Architects and Master Planners ❑ Computer Information Technicians Experienced use of advanced engineering techniques and effective data management form the basis of 1 CEC's approach to efficient project completion. Our professional expertise is complemented by the latest computer hardware and software for data analysis, project management, engineering design, construction document preparation, and cost control. Such resources include in-house computer facilities for advanced groundwater modeling and for various hydrologic/hydraulic analytical models. This enables us to develop a precise understanding of current conditions and to simulate groundwater flow and solute transport. Geotechnical engineering software includes slope stability, settlement, and stress analysis programs, while our hydrology software supports the analysis of stormwater runoff, flood routing, and design of hydraulic facilities. In addition, the entire organization is supported with computer-aided drafting and color graphics capabilities. The technical, analytical, and field experience of our staff; a disciplined project organization; effective Quality Assurance and Health and Safety programs; combined with our commitment to client satisfaction, enable us to successfully complete challenging and complex programs in a cost-effective and timely manner. 1-2 //,ii/ i 1 I General Qualifications II2. Site Assessment and Characterization CEC has completed thousands of projects since its inception. Within our project history, we have I performed numerous preliminary site assessments at both active and inactive facilities across the country. CEC has also performed hundreds of site characterization studies, including Phase II environmental assessments and remedial investigations at Superfund sites. CEC stresses senior personnel involvement I during these projects,particularly during the initial phases of the project to ensure proper interpretation of available data, awareness of potential environmental liabilities, and thorough scoping and focusing of investigative programs. CEC's site assessment and characterization services include: I ❑ Phase I Environmental Assessments ❑ Regulated Materials Surveys I ❑ Phase II Site Assessments ❑ Remedial Investigations/Site Characterization ❑ Contaminant Fate and Transport Analysis ❑ Risk Assessment and Modeling r CEC has performed preliminary site assessments for single properties or multiple facilities as part of I corporate acquisitions or financing applications. CEC's approach to preliminary site assessments begins with a detailed review of historical records, including information on past property ownership, environmental regulatory agency records, and aerial photographs. This is followed by a comprehensive I inspection of the facility to evaluate potential environmental issues at the site. Site inspections include interviews with knowledgeable personnel, identification of waste disposal facilities or underground storage tanks, asbestos surveys, assessment of adjacent properties, and preliminary screening investigations such as slam-bar or geophysical surveys. I , I '; 1 I I I 2-1 /1:!!!:! I General Qualifications 3. Environmental Audits and Hazard Assessment CEC provides environmental auditing services to industrial clients, law firms, site developers, and financial institutions throughout the United States. We perform our services in a phased manner to focus on key compliance and liability issues, often presenting our findings in terms of expected capital and operational expenditures necessary to correct problems. CEC's approach allows adjustments to the focus and scope of projects as information is collected to save money and ensure integration of all environmental issues. Our audits assist corporate management in understanding their environmental liabilities, both short and long term, and develop programs to minimize their risk exposure. CEC is experienced in reviewing and interpreting environmental regulations and determining their impact on client operations. I During compliance audits,CEC evaluates the regulatory compliance of current and past activities with the requirements of major environmental laws and regulations, including RCRA, CERCLA, CWA, CAA, TSCA, SDWA, OSHA, and related state and local requirements. We focus on identifying non- compliance issues, recommend appropriate solutions, and present their estimated costs. We offer the following support in this area: ❑ Environmental Liability Assessments(Phase I Site Assessments) ❑ Environmental Policy Development ❑ Financial Risk Analysis ❑ Human Health Risk Assessments ❑ Permit and Regulatory Compliance Status r CEC is uniquely qualified to perform hazard assessments and safety analyses to evaluate existing facilities and on-site manufacturing processes because of our extensive industrial and environmental _ _ , . background. The purpose of such ti. _ ; „- . .> NY.TC I assessments is early detection of hazards -� attendant to facility operations and support activities so they can be eliminated or the ' overall risk reduced to an acceptable level. _ ... After performing detailed assessments of the facility's operations, a comprehensive ty p report is developed which includes a prioritized list of deficiencies as well as recommended corrective actions and controls to ensure safe operations. This permits the implementation of recommended facility and process modifications in the early design stages with minimal impact on project cost and schedule. CEC's hazard assessment services include the following: review of relevant information concerning I facility design, process operations, equipment, materials, utilities, and interfaces; comprehensive assessment of environmental health and safety hazards associated with facility operations; development of integrated environmental controls and hazardous waste handling systems, including waste minimization plans; assessment of process control and instrumentation, including process flow analysis and programmable control of critical operations; and human factors analysis including ergonomics assessment, work loading studies, fatigue analysis,tool use studies, and product flow evaluations. ' 3-1 ,iii` General Qualifications 4. Solid and Hazardous Waste Management Capabilities CEC provides consulting services for the management ' and disposal of a broad range of wastes, including municipal, construction demolition, residual, hazardous, and utility. CEC provides a full range of services including site selection, hydrogeologic characterization, design, permitting, construction = specification and drawings; construction monitoring and quality assurance for facility construction; and - _ t. r closure, operational, and post-closure monitoring. = ? =4114,0,Nilys% Site Selection and Characterization CEC performs "fatal flaw" studies for waste facilities to identify potential conflicts with regulatory criteria and existing environmental liabilities. Our review can include evaluation of conditions that affect permitting, construction, and operating costs, and local issues such as access routes, zoning, public opposition, and leachate disposal. Siting criteria evaluated during this phase include, wetlands, streams, flood plains, hydrogeology (including depth to ground water), soils, airports, unstable areas, fault areas, seismic impact zones, occupied structures, domestic and public well supplies. Sites to be purchased by our clients are evaluated for environmental liabilities that may exist at the site. We evaluate previous ' owners and uses, presence of hazardous products, potential spills or accidents, and other aspects that may affect our clients' financial risk. Hydrogeologic and soils characterizations are performed to support the permitting and design of the facility. Investigations include reviewing published data, monitoring well and piezometer installation, and aquifer testing and evaluation. Data are used to define hydrogeologic conditions including aquifer extent, water levels, and flow characteristics. When necessary, simple or complex ground water flow models are created to predict ground water movement. On-site soils are evaluated for use in the liner and final cover systems and site operations. 111 Design and Permitting CEC works closely with clients to realize the ultimate goal of any waste facility project,the receipt of a permit to install, operate or close. Designs are prepared that satisfy regulatory requirements and owner/operator preferences. Our experience in the design and construction of numerous facilities provides our clients with designs that are constructable and minimize development expenditures and closure costs. CEC has prepared and received approvals for waste facility designs reviewed by a wide range of local, state and federal regulatory agencies. CEC maintains open, productive relationships with regulatory agencies to facilitate communication and streamline the permitting process. Based on client needs, CEC can act as an advocate on behalf of clients or support interaction between our client and regulatory agencies. CEC employs highly automated and accurate computer design tools for design projects. Our experienced staff of engineers, scientists and designers utilizes these tools to prepare accurate, cost effective and constructable designs. Our design staff has extensive field construction experience which augments their design capabilities. This combination of experience and productive computer tools result in highly efficient designs. I 4-1 /1:111:1 I General Qualifications CEC is experienced in all facets of waste facility design and permitting. The services CEC can provide include: ❑ Aquatic and Terrestrial Habitat Studies Cl Groundwater Monitoring System Design U Closure Plans ❑ Hydrogeologic Investigations ❑ Conceptual Waste Facility Design ❑ NPDES Permitting&Monitoring U Construction Drawings and Specifications ❑ Operational Plans ❑ Environmental Audits&Assessments U Risk Assessment ❑ Erosion/Sedimentation& Stormwater Plans ❑ Siting Evaluations U Gas Management System Design and ❑ Waste Disposal Facility Design&Permitting Construction ❑ Waste Impoundment Design&Permitting ❑ Geotechnical and Soils Investigations ❑ Waste Processing Facility Design&Permitting ❑ Groundwater Assessment and Remediation ❑ Wetlands Delineation and Mitigation U Groundwater Modeling Following successful permitting of a facility, CEC provides continued services for the construction, operation and monitoring of waste facilities. 1 Construction Services CEC provides construction management and construction quality assurance (CQA) services for waste facilities. Construction management services can include augmentation of services performed by the client through full oversight of contractor performance, schedule, and pay applications. CQA services include monitoring the installation of geosynthetics, soils, piping & pumping systems, storage tanks, gas management systems, sedimentation basins and support facilities. Field CQA services include monitoring of construction activities to determine compliance with approved, facility specific, CQA requirements. Field monitoring can include compaction testing, field soil laboratory tests, monitoring placement of soil components, field testing of geosynthetic seaming, retrieval and oversight of geosynthetic coupon testing. Following construction, field and laboratory testing and monitoring reports are summarized into construction documentation reports that are sealed by CEC registered professional engineers and submitted to regulatory agencies. CEC has CQA experience with the monitoring of: 111 ❑ Compacted Soil Liner Construction ❑ Installation of Storage Tanks ❑ Construction Management ❑ Installation of Water Treatment Systems ❑ Drainage Layer Placement ❑ Monitoring Well Installation ❑ Gas Management System Installation ❑ Slurry Wall Construction ❑ Geosynthetics Installation ❑ Structural Fill Placement ❑ Installation of Piping&Pumping Systems Monitoring Services CEC can provide comprehensive monitoring services during operation, closure and post-closure of waste facilities. CEC can perform maintenance and monitoring of gas management systems, groundwater monitoring wells, air quality stations and other on-going monitoring requirements. Along with the retrieval of samples, CEC can oversee the testing, perform statistical analysis and evaluate trends and significance of monitored parameter results. 4-2 /,i7ii7 I General Qualifications 5. Hydrogeology and Groundwater Modeling CEC provides a full range of groundwater services, including investigations, hydrogeologic assessment, aquifer testing, quarterly monitoring, modeling, and site remediation. We have conducted numerous groundwater studies to determine the nature and extent of aquifer contamination and to delineate plume boundaries. Such studies generally require the design of a monitoring well network, and often groundwater flow and solute transport modeling. Our hydrogeologic services include the following: Data Acquisition and Analysis. CEC has extensive experience in the installation of monitoring wells and collection of groundwater samples in a variety of geologic settings, regulatory environments, contaminant scenarios, and project types. CEC's capabilities include the acquisition and statistical analysis of data to fully characterize groundwater conditions. We have performed large-scale pumping tests to predict the long-term yield and effectiveness of groundwater extraction networks. We use statistical analysis to quantify specific aquifer properties and long-term trends to fully understand the source,transport, and migration of groundwater contaminants. ' Groundwater Resources and Modeling. CEC uses highly trained and experienced hydrogeologists who employ groundwater modeling and other investigative and quantitative approaches to address groundwater issues. With regard to groundwater resources projects, CEC has experience in performing hydrogeologic investigations and exploration, aquifer testing and evaluation, groundwater modeling, well field siting and expansion projects, existing well field evaluation studies, and wellhead protection plans and studies. CEC has an extensive library of advanced computer models to simulate onsite groundwater conditions and predict groundwater movement. CEC has experience in predicting the migration of chemical constituents through the groundwater system. We use combined flow and contaminant transport models that permit evaluation of well placement, drains, pumping rates, source remediation, slurry walls, and other groundwater controls. Pumping Well and Network Design. CEC's experience includes the design of pumping networks, using either drains or pumping wells. Our capabilities include the design of extraction points based on site geology, well efficiency, anticipated pumping rates, and drawdowns. We have experience in the design of pumping wells in consolidated and unconsolidated aquifers. CEC is committed to providing practical solutions to groundwater contamination problems and can evaluate the feasibility of using established or innovative remedial techniques for site cleanups. We have a working knowledge of groundwater remediation methods, including chemical precipitation, air stripping, steam stripping, carbon absorption, bioremediation, and ultra-violet oxidation. Frequently, several of these remedial methodologies are applied in combination to achieve the most cost-effective cleanup of site contaminants. Potential solutions are comparatively assessed duringlitrak the initial design phases. Waste treatment effectiveness can be demonstrated using pilot tests prior to implementation of the final design. This approach allows us to choose the most viable V combination of proven remediation technologies to site cleanup. I I 5-1 /1777 i/ 1 General Qualifications 6. Site Remediation and Waste Treatment I CEC successfully develops practical site cleanup alternatives, negotiates remediation programs with regulatory agencies, designs remedial measures, and implements cost-effective waste treatment methods 1 that are tailored specifically to our client's needs. Our services include: ❑ Development and Evaluation of Remedial Alternatives ❑ Monitoring Plans ❑ Permitting ❑ RCRA/CERCLA Feasibility Studies ❑ Remedial Design ❑ Remediation Work Plans ❑ Waste Treatment, Disposal, and Transportation Coordination The CEC staff has successfully completed numerous detailed evaluations of remedial alternatives, including many Remedial Investigations/Feasibility Studies at Superfund sites. CEC believes that 1 contamination should generally be treated at the site whenever possible to minimize the risks and costs associated with handling and transporting hazardous wastes. How this contamination is treated depends on the nature of the materials, site characteristics, and regulatory permitting requirements, all of which can make one remedial alternative more effective and practical than another. CEC also has extensive experience in completion of detailed remedial designs for complex environmental projects, including several Superfund site remedial designs. These efforts included conceptual design, detailed design, development of construction specifications, waste treatment management, and site closure certification. CEC's approach to performing remedial action design is first to determine that the most cost-effective remediation technologies are being applied to mitigate the hazard, and then implement the design, while allowing for feedback from the client. 1 tf • 1 1 1 1 ' • 6-1 //-/-"/"/ I General Qualifications 7. Risk Assessment CEC has performed risk assessments for numerous types of facilities across the country. Risk assessments have been a part of commercial and industrial real estate transactions (including brownfields sites), industrial operations, waste processing and disposal facilities, above and underground storage tanks,and CERCLA and RCRA sites. CEC's risk assessment services include: ❑ Ecological Risk Assessment ❑ Human Risk Assessment ❑ Litigation Support ti ❑ Natural Resource Assessments ❑ Regulatory Interface and Risk Management Assistance • ❑ Remedial Action Alternative Selection Based on Risk ❑ Risk Screening ❑ Site Screening and Site Selection Based on Risk CEC's involvement with the risk assessment aspects of projects has resulted in cleanup values that are based on "real world" assumptions and remedial actions that are protective of human health and the environment while saving our clients millions of dollars. The overall objectives of CEC's approach to risk assessment includes: definition and focus of site/operable unit issues through the use of tools such as screening criteria; identification of realistic exposure scenarios in order to accurately characterize risks; evaluation of solutions that consider the balance between environmental protection and cost; and understanding our clients needs and company structure in order to respond to financial,regulatory/legal,and day to day operational issues. In accordance with federal guidance, most of CEC's human health risk assessments integrate the following four components: hazard identification- selection of the chemicals that can potentially cause an adverse effect; dose-response assessment - description of the relationship between the chemical dose and anticipated response; exposure assessment - identification of current and potential pathways to receptors (e.g., adult, child, worker); and risk characterization - a comprehensive presentation of risk estimates and �i a thorough discussion of the uncertainties associated with these estimates. ■ The ecological risk assessment typically has three components: problem formulation - establishing the goals and focus of the risk assessment, which includes the conceptual model that identifies the environmental values to be protected (assessment endpoints); analysis - developing profiles of environmental exposure and the effects of the stressor; and risk characterization - integrating the information from the first two components to provide an overall risk estimate and the confidence in the assessment. CEC's approach to ecological risk assessment differs from that applied to humans because: 1)the effects typically go beyond one species (e.g.,humans)and may consider population, community, or ecosystem impacts; 2) the stressors can be both physical (e.g., habitat modification) and chemical in nature; and 3) the process requires selection of practical measurement endpoints (e.g., mortality of fish) that can reasonably be measured within finite time and budget constraints and yet relate to the selected assessment endpoint(e.g.,decline of a fish population). CEC has an experienced multidisciplinary staff to address risk assessment issues. This staff includes individuals with Ph.D. and M.S. degrees and backgrounds in environmental science, toxicology, engineering, geology,hydrology, chemistry, computers, and statistics. I ' 7-1 /,ii"/ I General Qualifications 8. Site Rehabilitation I CEC has completed facility rehabilitations for a wide variety of industrial clients. Among other things, the scope of remedial work included: ❑ Sampling and Characterization of Materials in Former and Existing Industrial Facilities ❑ Clean-up and Disposal of Oil, PCBs, and Other Chemicals from Equipment,Trenches, Pits, and Other Areas ❑ Preparation of Health& Safety Plans ❑ Selection and Monitoring of Cleanup Contractor ❑ Disposal of Waste Materials Generated During Cleanup I a 1 / . I Ill IlliPlimmia I s I d F' I`5 ti i• tI I I II 8-1 /,iii/ I I General Qualifications 9. Underground Storage Tanks CEC has considerable experience in the development and implementation of economical and environmentally responsible solutions to problems associated with the storage of petroleum products, as well as hazardous substances in underground storage tanks � - (USTs). Our services include storage tank integrity assessments, system upgrading (including the use of double-walled and high- . density polyethylene lined •V designs), registration, permitting, maintenance, and tank inspections. We can also assist in the evaluation, removal, disposal, closure, and, as required, site cleanup due to leaked or spilled products from underground and aboveground storage tanks. CEC has a working knowledge of the regulations and standards promulgated under RCRA, as well as the more restrictive regulations issued by various state agencies relating to the management and remediation of USTs. CEC performs comprehensive investigations to identify residues or environmental damage resulting from leaking USTs. Our services include: ❑ Decommissioning of Storage Tank Facilities ❑ Disposal of Wastes ❑ Free-Product Removal ❑ Retrofit, Replacement, and Closure Programs ❑ Soil/Groundwater Sampling and Laboratory Analysis ❑ Soil and Groundwater Remediation ❑ Tank Permitting and Closure Documentation I In addition, we provide services associated with the design and installation of new or replacement storage tank facilities, including storage tank design and installation; corrosion protection studies; overfill protection design; spill containment design and construction; and spill contingency plans. 1 I 1 9-1 747"/ I General Qualifications 10. Civil Engineering and Site Development I CEC performs civil engineering and site development services for residential,commercial,and industrial sites throughout the Eastern United States. Our services include predevelopment site investigations, site grading analyses, design of erosion and sedimentation control facilities, stormwater management, and utility design/coordination. CEC has assisted developers, I architects, and private industry with the development of cost- effective designs for regional shopping centers, office parks, industrial health care facilities, institutional facilities, and commercial site developments. We provide services in the following areas: Erosion and Sedimentation Control. CEC staff members have considerable hydrologic and hydraulic design 1 experience and a proven track record of successfully obtaining local, state, and Federal erosion and sedimentation control permits and National Pollutant Discharge Elimination System (NPDES) permits for discharges of stormwater from construction and industrial activities. Our objective is to integrate erosion and sedimentation control with post development stormwater management to reduce overall site construction costs. Predevelopment Site Investigations. CEC offers investigative services to identify utility capacity constraints, floodplain, and wetland issues, geologic conditions, regulatory approval processes,threatened and endangered species, and other site parameters that may impact a proposed development. Preparation of Construction Documents. CEC prepares complete construction plans and specifications for 111 site development projects. CEC has developed a reputation for producing quality construction documents that are "buildable" and within reasonable construction budgets. We utilize Computer Aided Drafting (CAD) methods to satisfy our client's needs. CEC can prepare site development construction specifications in CSI, Masterspec,or other desired formats. Site Grading Analyses. CEC is experienced in the preparation of site grading plans producing balanced earthwork conditions. We have developed and evaluated grading plans for sites involving as little as a few thousand cubic yards to over several million cubic yards of earthmoving. Our site grading services consider other pertinent aspects of site development, such as slope stability,drainage,and stormwater management. Stormwater Management. CEC offers a comprehensive scope of stormwater management consulting services, including flood routing, stream relocations, hydrologic and hydraulic analysis, and stormwater detention. Our utilization of comprehensive computer software enables CEC to analyze alternative stormwater I detention measures and methodologies to satisfy site-specific regulatory requirements. We have successfully solved difficult stormwater management problems using both surface and underground detention measures. CEC has implemented stormwater detention measures for singular sites and for watersheds of greater than 2,000 acres. Utility Design/Coordination. Our staff has demonstrated the ability to effectively coordinate and negotiate with electric, natural gas, telephone, and cable television utility companies to provide service to new site developments. CEC staff members design sanitary sewer collection and conveyance systems, sewage pumping, and on-site treatment facilities, and water distribution systems for domestic and fire protection needs. I I 10-1 /,iii/ I General Qualifications 11. Geotechnical Engineering CEC offers a complete range of geotechnical engineering, soils analysis, and field testing services to industry, architects, developers, and contractors. We perform geotechnical investigations to determine foundation design parameters, investigate mine subsidence, develop site grading requirements, and design pavements. CEC also analyzes the stability of embankments and slopes, and designs methods to retain earth and rock materials. Additionally, CEC evaluates groundwater flow conditions and designs systems to collect or divert subsurface flows. CEC is knowledgeable in various drilling and core sampling methods, including such investigative techniques as borehole photography and geophysical logging. Our comprehensive geotechnical services include the following: ❑ Earthwork Design and Recommendations ❑ Field Testing ❑ Foundation Settlement Analysis and Design ❑ Groundwater Cutoff and Drain Designs ❑ Mine Subsidence Investigations,Risk Assessments,and Stabilization ❑ Pavement Analysis and Design ❑ Seepage Analyses ❑ Site Development Feasibility Studies ID Soil and Bedrock Stabilization ❑ Slope Stability and Retaining Structure Design ❑ Subsurface Soil Studies CEC performs the majority of its geotechnical analysis and design services using our extensive software library and access to several on-line databases. We can provide clients with experienced construction technicians and inspectors for monitoring fill placement, paving operations, and foundation installation. In addition, CEC principals have served in an expert witness capacity on numerous geotechnical issues, including subsidence, retaining walls, landslides, and groundwater issues. 1 ,111 • I `,4 I 11-1 /, /AT7 I General Qualifications 12. Construction Phase Services I CEC has experienced professionals, technicians, and inspectors, together with the field equipment necessary to provide complete construction phase services on a wide variety of projects. These services I include: U As-built Drawings E, ❑ Certification Reports ❑ Confirmation Sampling �.. ❑ Construction Management fit. ❑ Construction Quality Assurance/Quality ,Y.Control • ❑ Fill Placement Monitoring ❑ Health and Safety Monitoring ❑ Landfill Liner/Cap Installation Monitoring CEC has provided construction management services to our clients beginning with the bidding process through project closeout. CEC has developed bid documents, solicited and evaluated bids, and negotiated contracts for site development and environmental remediation projects. During construction, CEC can direct contractor activities to meet specifications and schedule requirements. This effort generally involves the monitoring of project costs and change orders. Finally, project close-out activities, including site restoration, project completion requirements, and final payments can be administered by CEC. CEC has monitored the construction of a wide range of civil and geotechnical engineering projects. These projects include large earthmoving projects where CEC was responsible for verifying the acceptability of borrow sources and fill materials, that fill has been placed in accordance with specifications, and that cuts and fills are properly constructed and stabilized. CEC has monitored the implementation of grouting programs to fill mine voids and stabilize soils and bedrock to reduce the risks of surface subsidence. During grouting programs, CEC personnel monitor grout takes and propose procedural modifications, as necessary, to focus on areas requiring additional reinforcement. CEC has also monitored the installation of drainage facilities, such as ponds, ditches, and underdrains, including the construction of landslide correction and earth retaining structures. CEC routinely provides services during the remedial action phase of environmental projects. For UST and waste/contaminated material removal projects, CEC personnel evaluate limits of excavation in the field with monitoring equipment and obtain confirmation samples for laboratory testing. CEC has also directed and monitored the installation of groundwater extraction and treatment systems and soil venting systems. Our staff includes AHERA-certified asbestos inspectors who can monitor removal of asbestos111 - containing materials. Finally, CEC technicians have performed air monitoring during construction to allow contractors to assess on-site personnel protection requirements. CEC has also provided CQA services during the construction of waste management facilities. CEC personnel have reviewed material testing reports, monitored placement of earth materials and geosynthetics, and evaluated field test results from geosynthetic installations. This information is compiled by CEC and included in the construction certification report prepared for submittal to environmental agencies and sealed by a CEC registered professional engineer. Throughout the construction phase, CEC's personnel are supported, as necessary, by our staff of technical I specialists and consultants. As a result, changing field conditions can be quickly addressed to minimize overall project impact. i 12-1 /,iii/ I IGeneral Qualifications 1 13. Surveying Services x CEC offers a team of qualified and skilled personnel ._. ..a ,. {` P I with a combined experience exceeding 75 years in the surveying field. CEC regularly provides topographic, boundary, utility and global positioning I surveys to our clients. Our surveying services have 4r been used for property acquisition, new roadways and road widening projects, multi-phase residential 4., I subdivisions, commercial site developments, existing conditions assessments, utilities, buildings, , 44. floodwalls, dams and other related structures. CEC's I equipment includes electronic data collectors, ,,f. computers, plotters, software, automatic levels, total stations, four-wheel drive vehicles and safety equipment. Our comprehensive survey services , Iinclude the following: e ' ❑ Horizontal &Vertical Control Surveys ID Topographic Surveys ❑ Construction Surveys ❑ Cadastral& Mortgage Surveys I ❑ Volumetric Surveys ❑ Digital Data Delivery ❑ Geographic Information Systems I CEC also offers GIS services -- Geographic Information System --a computer-based tool for mapping P Pp g and analyzing geo-referenced data, i.e., information that is tied to a spatial location. GIS technology I integrates common database operations with visualization and geographic analyses. This valuable tool is used by public and private enterprises for explaining events,predicting outcome,and planning strategies. I - � ', .�z ' J / y - I 13-1 ii� � 17i /,i I General Qualifications I 14. Land Planning and Landscape ArchitectureI CEC provides a diverse scope of landscape architectural services to real estate developers, institutional facilities, business and industry. CEC's landscape architecture practice focuses on land development design, including large and small scale land use planning, master development planning, feasibility studies and site plan sketches, preliminary grading plans, storm' water management studies, and landscape design and irrigation. CEC has a broad range of site design experience for all aspects of land development. We regularly assist our clients in the following areas: I ❑ Feasibility & Site Planning Studies ❑ Commercial and Retail Developments ❑ Industrial&Office Park Developments ❑ School and Institutional Developments ❑ Recreational Facilities LiResidential Developments I ❑ Landscape and Irrigation Design ❑ Landscape Maintenance Plans 1"---- - — C) I - 74 tipt. ,)Fit. „ ) 1, il'-'14-';':4'il,'7:1'3'-'..:.'''''4-'''' - - --- ' 't ''''' � 1�'' 1 31 FfEt a � �� 1 F r � ,. tis �� ' ) lilt. 1 I 1 NyA 44 t-.4'•', I I 14-1 /I:I!L7 I I General Qualifications 111 I15. Life Sciences and Ecological Services CEC has provided life science and ecological services for numerous facilities across the country. Our I services have been provided to site developers, landfills, municipalities, industrial and utility clients, transportation entities, and law firms. Our staff includes professional wetland specialists, biologists, ecologists, environmental scientists, agronomist, GIS specialist, certified divers, oceanographer, and Iwildlife scientist. CEC's life science and ecological services include the following: ITerrestrial Ecology: I ❑ Geographic Information Systems ❑ Agronomy and Phytoremediation Services ❑ Invasive Plant Inventory ❑ Human Health and Ecological Risk Assessment I ❑ Endangered Species Evaluations and Surveys(including Indiana bats, massasauga rattlesnakes, rare plants,etc.) ❑ Ecological Land Restoration(revegetation of disturbed sites, invasive plant control, restoring I native plant communities) ❑ Rails to Trails I g _ il►w I LtIII 144[ -4,..-' ic: il •-i jpii rt r I 15-1 /i-ill i/ I General Qualifications Aquatic Ecology: I ❑ Fisheries Surveys(streams,rivers, ❑ Dye and Flow Studies 1 lakes) ❑ Endangered Species Surveys ❑ Passive Treatment Systems(including (freshwater mussels,rare fish) wetland treatment,AMD treatment) ❑ Environmental Impact Studies ❑ Stream Restoration ❑ Freshwater Mussel Monitoring ❑ Watershed Assessments and ❑ Habitat Evaluations Planning Studies ❑ Literature Reviews ❑ Bathymetric/Hydrographic Surveys ❑ Pond and Lake Management ❑ Benthic Macroinvertebrate Surveys ❑ Search and Recovery ❑ Bioaccumulation Studies ❑ Sediment Core Sampling I ❑ Biofouling Organism Monitoring ❑ Side and Sector Scan Sonar ❑ Boat Lease/Rental ❑ Sub-Bottom Profiling ❑ Chemical Sampling and Analysis ❑ Thermal Studies LiDiving Services LiUSCG Certified Boat Captains I .. s e, r I* +• a IL xit *d - (' i ';•' • 1 15-2 /,7q7 I I 1 General Qualifications 1 16. Wetland Services CEC addresses and solves jurisdictional wetlands I issues associated with land development and environmental remediation projects. We have 1 extensive project experience in dealing with the I •regulatory agencies on wetlands identifications, '� � delineations, state/federal permitting, and in designing ;` �' ''} successful programs for wetlands mitigation. Our �� '' 1,, ` I f team of wetland issues specialists has the in-depth ''"� �knowledge of regulatory requirements and most up-to- date project experience to produce positive, timely Iresults. Wetlands assessments include site reconnaissance, historical background studies, and integration of g g proposed developments on U.S. Geological Survey topographic maps, Natural Resource Conservation I Service (NRCS) soil surveys, and National Wetland Inventory (NWI) maps. Based on a review of site conditions, CEC identifies the preliminary boundaries of jurisdictional wetlands affected by the land development in accordance with the requirements of the applicable regulatory criteria. At the present I time, the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual is applicable to federal and most state regulatory programs. I Encroachments upon wetlands and streams require state and/or federal permits, and CEC can recommend a permit application strategy based on the results of wetlands delineation, the land developer's objectives, and regulatory requirements. We have the expertise to prepare all permit applications and required I supporting documentation, including identification and assessment of wetlands functions and values, alternatives analyses, and public benefits justification. CEC can design wetlands enhancement and replacement mitigation measures, and also prepare the necessary construction documentation, drawings, and specifications to support the overall project. I Permits for stream encroachments/enclosures, landfills, industrial discharges, and stream biomonitoring studies for brownfields site clearances may require biological and chemical sampling and analysis of I rivers, streams, lakes, ponds, and wetlands. CEC has performed a variety of biological assessment studies on water bodies, including sampling, identification, and analysis of phytoplankton, zooplankton, periphyton, aquatic macrophyte, benthic macroinvertebrate, and fish communities. CEC staff are I proficient in implementing the U.S. Environmental Protection Agency's Rapid Bioassessment Protocols for Use in Streams and Rivers (EPA/440/4-89/001) and Macroinvertebrate Field and Laboratory Methods for Evaluating the Biological Integrity of Surface Waters (EPA/600/4-90/030). CEC biologists are also I trained and highly experienced in performing aquatic ecological risk assessments for sites requiring hazardous waste characterization and remediation. I I I I 16-1 /,iii/ i General Qualifications 17. Knowledge Systems CEC offers custom solutions for organizing and maintaining information critical to your environmental compliance, health and safety program, or other records maintenance. We develop integrated software applications to maintain, distribute, and report documents, data, deadlines, and other critical information through a single user interface. I Our experienced environmental professionals will meet with you to discuss the unique needs of your operation, then will develop a web-based application that can include browseable documents, a search engine, clickable maps, photographs, training modules, procedures, printable forms, and more. We can also incorporate databases with very easy-to-use interfaces to track almost any type of data, including monitoring results, records of communication, discharge information, manifest tracking, training and medical monitoring records, status of systems or tasks, contact information, and more. For municipal clients, we can develop systems to track property ownership, permits, and citations, as well as providing on-line access to ordinances. The use of a networked computer system allows information to be retrieved by personnel company-wide, while that information -v also remains secure and available to others. If wider accessibility is needed, the system can be installed on s . � 4 m t111 an Internet server, with password protection to restrict access to all or part of the system. • We can incorporate features that allow you to manage -� - - your compliance issues proactively, such as warnings il , when data that are out of compliance are entered into 14f ._ a database, notification of upcoming deadlines, and automatically generated email messages when certain ti criteria are met. Data reports can automatically flag problem conditions. Systems are designed to require minimal user training, with pop-up help windows, and extensive entry checking and descriptive warnings provided to 7 pri' � the user. Because the system operates using a web " ° . browser, hardware and software requirements for `x individual users are nominal. CEC's routines can be easily incorporated into your existing web-based intranet. I I I I 17-1 /,iii/ I I General Qualifications 1 18. Resources ICEC Computer Resources Computer Network ICEC uses Pentium computers and software for the design and analysis of engineering projects. All technical staff are provided with personal computers using Windows operating systems, and are connected to all of CEC's offices through a high-speed network system. The computer network offers a I fully functional intranet designed and maintained by CEC personnel, full-time high-speed Internet connection, and complete e-mail capabilities for electronic transfer of documents in-house, between offices, and on the World Wide Web. CEC personnel designed, installed, and also maintain the network. I CADD I Our design/drafting department is staffed with experienced CADD designers equipped with workstations utilizing the Windows XP/NT operating system. CEC uses digital terrain modeling for sitework designs through integrated AutoCAD Versions 2002 and 2004 and Softdesk software. CEC has the capability I through file translation to translate AutoCAD files to Intergraph Microstation format. CEC has a full complement of civil design, drainage, hydrology, and analysis software, including multiple slope stability analysis programs such as U-Texas, REAME, and PCStabl. Each program offers unique capabilities I required for the widely varying situations we have encountered. CEC has a full complement of civil design, stormwater management,hydrology,and floodplain software applications. IGeographic Information Systems (GIS) To maximize productivity in management, development and L. t--- , planning, CEC utilizes state-of the-art GIS software, ,h including ArcView 8 with Spatial Analyst and Model ' , 4 Builder, as well as Arclnfo 8.1 running on an NT platform. , Incorporating projects into a GIS database provides a central !. I repository and storage for all data, ability to layer and analyze a variety of data formats, geoprocessing and query functionality, and graphical display. CEC also uses ENVI I software to provide advanced processing and classification of remotely sensed imagery. IGlobal Positioning Systems (GPS) CEC owns two different GPS surveying systems to address varying client needs. For GIS data collection I (sub-meter accuracy), a Leica GS-50 real time receiver and data collector is used. Survey-grade (centimeter accuracy) data collection is accomplished using a Leica SR530 dual frequency geodetic RTK base station and receiver. The GS-50 and SR530 are compatible and utilize proprietary software for data I download and processing. GPS obtained data can be integrated with standard survey gathered data through the use of CEC's Topcon 1003 Total Stations to produce final surveys for specific client requirements. I 18-1 /kviir/ General Qualifications Hydrologic and Hydraulic Modeling I CEC has a full complement of hydrologic and hydraulic Wo .=sPo A.M modeling software. The hydrologic programs include, but are not limited to, HydroCad, Hydraflow Hydrographs, HEC- HMS, TR-20, and UTPSUHM. In addition to these basic hydrologic programs, we have a Watershed Modeling Systems illoAR software package that provides the capability of automatically ' analyzing hydrologic information from digital elevation �� We models (DEM) and digital land use mapping. This program, in conjunction with our Geographic Information Systems (GIS) programs, enables us to accurately and efficiently model large watersheds. In addition to the hydrologic software, CEC maintains a variety of hydraulic modeling programs. The two main programs are HEC-RAS and Basin Analysis Software (BAS),which provide the capability for analyzing floodplain hydraulics and flow-by retarding systems. Photo Manipulation and 3-D Rendering 1 CEC has been providing photo manipulation and 3-D rendering services to clients over the past several years. These tools provide the client with the ability to visualize the site and make changes before construction, creating an effective approach to design. These services assist on the design as well as creating presentation quality materials for public and municipal meetings. I CEC Field Equipment I CEC owns and maintains technical equipment to assist in field investigations and construction monitoring. This equipment includes health and safety monitoring instruments, well development and sampling equipment, nuclear density gauges, field vehicles, and other equipment. CEC also maintains a large inventory of aquatic equipment including workboats, sophisticated electronics, remote-sensing technology, etc. I I I I 18-2 /,:,,L7 , I I General Qualifications I I19. Representative Clients and References IWe encourage prospective clients to contact our references regarding the quality and responsiveness of services provided by CEC: I Mr.Jeffrey Ishida Mr.James Murray-Coleman I Real Estate Development Manager Vice President-Development&Construction Costco Wholesale Corporation Trammell Crow Company 46000 Manekin Plaza 800 Cranberry Woods Drive I Sterling, VA 20166-6514 703-406-6860 Cranberry Township,PA 16066 724-778-4121 Mr.Alan Fishman Mr.Michael P.Hudec I Vice President IKM Incorporated Director of Development Continental Real Estate Companies One PPG Place 285 East Waterfront Drive, Suite 150 Pittsburgh,PA 15222 Homestead,PA 15120 I 412-281-1337 412-464-8933 Mr. Mark McCormick Ms.Judy Widrig I Principal McCormick Architects Senior Vice President-Construction&Development Zamias Services,Inc. The Ice House, 100 43`d Street, Suite 115 300 Market Street Pittsburgh,PA 15201 Johnstown,PA 15901 I412-687-2200 814-535-3563 Mr. Chris De Forest Mr.Mark Lyverse I Construction Project Manager Senior Hydrogeologist Skyline Chili,Inc Chevron Texaco Energy Research&Technology 4180 Thunderbird Lane 100 Chevron Way,Building 1 Fairfield,OH 45014 Richmond,CA 94802 I513-874-1188 510-242-1090 Mr. Ron Gahagan Mr.Kurt Williams I Environmental&Compliance Counsel Vice President,Pre-Construction Services American Household,Inc.(formerly Sunbeam) FBi Buildings,Inc. 2381 Executive Center Drive 3823 W. 1800 South Boca Raton,FL 33431 Remington,IN 47977 I561-912-4286 219-261-2157 I I 19-1 /I:I!r/ I I General Qualifications 20. Personnel I CEC maintains eight offices with over 225 employees. Our multi-disciplined staff members include experienced engineers, environmental scientists, geologists, hydrogeologists, technicians, and project managers. To augment our technical and management capabilities, CEC utilizes industry consultants, where needed, to provide highly specialized expertise and engineering skills in support of complex environmental programs. Project team personnel are carefully selected based upon their professional background and experience level. With the involvement of multiple federal, state, and local agencies in environmental cleanup programs, it is extremely important for our clients to choose a firm that understands the dynamics involved in regulatory agency interaction. Our staff at CEC has significant expertise in this area so that all required permits, compliance reports, work plans, and closure documentation for environmental compliance projects will satisfy the appropriate agency requirements. I Due to the ever-increasing cost and liability associated with contaminated sites, it is essential that site assessments be comprehensive and follow regulatory code guidelines. Accordingly, CEC uses only highly trained professionals for performing contaminated site assessments and remediations. Furthermore, our comprehensive Quality Assurance Program and in-house employee training provide for detailed sampling and analysis procedures and controls to ensure that all data collected are accurate, reliable, and legally defensible. I I I I I 1 20-1 /17q7 I I General Qualifications I I I CIVIL & ENVIRONMENTAL CONSULTANTS, INC. PERSONNEL BY OFFICE AND DISCIPLINE IIIOffice Location Number of Employees I Chicago,Illinois 7 Cincinnati,Ohio 30 Columbus,Ohio 23 I Export,Pennsylvania 19 Indianapolis,Indiana 10 Nashville,Tennessee 25 I Pittsburgh,Pennsylvania 119 St.Louis,Missouri 7 Total Personnel: 240 I Personnel by Discipline Personnel by Discipline I31 Administrative 28 Geologists 1 Agricultural Scientist 1 GIS Specialist I 2 Biologists 16 Hydrogeologists 5 Chemical Engineers 1 Hydrologist 47 Civil Engineers 1 Investigative/Structural Engineer 6 Construction Inspectors 2 Landscape Architects I 27 CAD Designers 2 Mining Engineers 11 Ecologists 1 Planner/Master Planning 8 Environmental Engineers 5 Sanitary/Waste Mgmt Engineers I 6 Environmental Scientists 13 Soils/Geotechnical Engineers 1 Estimator 13 Surveyors/GPS 12 Field Technicians I I I 20-2 /I:I;L7 i 1 General Qualifications 21. Quality Assurance i CEC strives for quality in all services provided to our clients. Our goal is to consistently collect,evaluate, and report data that is accurate, precise, representative, complete, and legally defensible. We are committed to integrating quality into all design efforts and ensuring that construction is performed in accordance with the approved drawings and specifications. We have established quality control procedures and an integrated Quality Assurance Program to monitor and ensure approved methodology and reliability. This QA program sets prescribed standards of performance for design, construction, sampling,and analysis, as well as for site-specific project plans required by regulatory agencies. Our QA program provides for the following: ❑ Corrective action programs ❑ Data reduction,validation, and reporting ❑ Documentation control/procedures ❑ Establishment of minimum requirements for staff credentials ❑ Equipment calibration procedures and acceptance criteria ❑ Liaison with customer QA organizations ❑ Personnel training ❑ Proper allocation of staff and resources ❑ Quality review audit and oversight functions for all aspects of the project, including field investigations, laboratory procedures, and project management ❑ Review of all drawings, plans, and specifications ❑ Sample custody and documentation ❑ Sampling and analytical procedures ❑ Technical review of all project reports, recommendations, and related documents CEC recently completed a peer review administered by tho Association of Professional Firms Practicing in the Geosciences (ASFE). This was the second time CEC has had a peer review since 1991. A peer review provides CEC with an objective appraisal of our firm's quality control policies and procedures based upon in-depth examination performed by principals of other geoscience firms. CEC's Quality Assurance Program and its implementation by our staff was the primary focus of the review. CEC received high marks on its program, and implemented improvements to the program based on reviewer comments. CEC's participation in the Peer Review Program demonstrates our commitment to improve quality-oriented management practices to enhance our technical and professional service. I I a 1 21-1 i/i/i/ 1 I IGeneral Qualifications 1 22. Mold Consulting CEC offers a team of in-house professionals and experienced consultants and subcontractors that provide I a full range of services for mold-related issues. CEC professionals have experience with mold consulting involving commercial office buildings, laboratories, food processing facilities, and a variety of other commercial buildings. Since there are no industry-wide standards to easily determine what constitutes I harm from mold-related problems, CEC provides a -"OM?` ' `' - ":. invaluable service to its clients in assisting them to understand the mold-threat in terms of their situation :. - and how it can be remedied to minimize the exposure to „- _ ‘ ..-..11;..-..11; - I others and damage to their property. CEC and its team log_' .- r.:..:: r_ investigate mold-related issues (including sampling of rt' --•_ ' _ - = S- I the air and surfaces for molds and the source of -di moisture infiltration-a major cause of mold-related -'--- -- _ — problems), consult with clients on findings and - --="�- �'"" recommendations, design remediation plans, and Ioversee remediation and closure. Our comprehensive services include: is `° �` I ❑ Investigation of Mold and Sources "� ❑ Sampling-Air, Surfaces, and Cultures A ❑ Consultation I ❑ Cost Estimating ❑ Remediation Plans ❑ Contractor Selection I ❑ Remediation Oversight ❑ Clearance ❑ Moisture Infiltration Analysis ❑ Preventative Maintenance • .. CEC is working hard to stay abreast of the changes in t ' this rapidly growing field and to continue to provide the :� same level of professionalism CEC's clients have come I , ` ' ,' to expect and rely on. To this end, CEC personnel are 1 '''0P . broadening their experience and knowledge through participation in top industry courses and serving on industry groups developing protocols and guidance on mold-related issues. I AllilliL. ''.. ' I I 22-1 /I:IFI:/ General Qualifications 23. Forensic Engineering , CEC also offers a complete range of forensic engineering services to insurance companies, independent , claim adjustors,attorneys, industrial and commercial property owners, local governments, and many other types of businesses. As Forensic Engineers, we apply proven engineering and scientific principles to identify and define the technical unknowns of accidents and failures. I Our staff has investigated more than 2,000 cases and can handle virtually all of our clients' forensic engineering requirements. Investigations are typically performed in a phased sequence from an initial, low cost, preliminary assessment,to a more comprehensive study. Our areas of expertise include, but are not limited,to: ❑ Construction & Industrial Accidents ❑ Drainage Problems ❑ Electrical Malfunctions ❑ Environmental Accidents ❑ Equipment& Material Failures ❑ Fire Cause & Origin,including Structures/Vehicles/Equipment ❑ Landslide & Geotechnical Failures ❑ Metallurgical Studies ❑ Mine Subsidence ❑ Pre- & Post-Blasting Surveys ❑ Slip, Trip & Fall Analyses ❑ Storm &Water Damage ❑ Structural Failures ❑ Vehicular Accident Reconstruction I 1 I 23-1 /,iii/ I I APPENDIX I CIVIL AND ENVIRONMENTAL PROJECTS PERFORMED BY CEC I AK Steel(formerly Armco Steel),Various Sites—CEC has provided comprehensive environmental services for the past 10 years to various AK Steel sites. Services include RCRA and general compliance assistance, litigation support,permitting,closure and post-closure plans,quarterly monitoring of groundwater wells,site rehabilitation, wastewater assessments,wetland mitigation,etc.CEC also managed Corrective Action of VOC contaminated soil& I groundwater,human health&ecological risk assessments for AK's Wheatland facility in Sharon,PA. Annual dam inspection and certification for Butler plant. I ALCOA,Various Locations in Ohio, South Carolina,Tennessee—Various environmental assessments,risk assessments, sediment and stream sampling,remediation work plans,etc. ALCOA Business Services Center, Pittsburgh,PA—Civil engineering,geotechnical engineering,surveying services and Phase I environmental assessment for new office building. I Allegheny Energy Supply Company,Gans,PA—Design build of mining, grouting and pin piles.Five Sites in PA—Siting services to build a combustion , I turbine facility and meteorological tower,including land development,permitting services,geotechnical investigations,revegetation,etc. Arbor Place Mall,Douglasville,GA—New Commercial Development: Civil `- "''' I engineering(site grading,E&S,utility&culvert design,construction plans and specifications,etc.),site development permitting,dam design and permitting. I Beaver County Community Economic Development,Hydril Facility,Rochester,PA—Remedial investigation, site characterization,soil and sediment sampling,groundwater monitoring,ecological screening,final report. f .P;th* I ` Beazer East,Inc.,Kansas City,MO—RCRA Facility Investigation,RCRA Interim Measures, Supplemental Interim Measures,Corrective Measures Study at former +' 4/ wood treating facility. I1 Big Beaver Industrial Park,Beaver County,PA-Master planning, civil engineering,geotechnical engineering,environmental permitting,wetland ` _ " - delineation for proposed industrial park. e 1 ? Braddock Dam Project for J.A.Jones Construction at Leetsdale Industrial ' ' I Park,Leetsdale,PA—Environmental permitting services for casting facility for _ - - ----: CBL & Associates, Southaven, DeSoto County, MI, Proposed Commercial Development: Feasibility study, topographic and boundary surveys, evaluation of jurisdictional wetlands and flood impact issues, hydrologic and hydraulic modeling. Chartiers Nature Conservancy, Idlewood,PA—Grant application assistance/preparation,wetlands delineation, wetland design and review for tract wetland enhancement project. 111Chevron Environmental Management Company,Hooven,OH—Site and System Monitoring.CEC is currently monitoring the performance of bioventing and horizontal soil vapor extraction systems. We are also monitoring LNAPL and dissolved phase associated with hydrocarbon recovery efforts. Children's Hospital of Pittsburgh,Pittsburgh,PA-Site selection,evaluation/planning,Phase I environmental assessment,geotechnical investigation,utility study,civil engineering design,roadway work,erosion and sedimentation control permitting,stormwater management,utility design,pavement design,construction field monitoring. Chipotle Mexican Grill Restaurants,Various Locations in GA,NV,OH,TX,VA— Civil engineering services for new restaurants. Services include site design,site grading,stormwater design,site utilizes, landscaping architecture,pavement design, etc. Colonial Pipeline Company,Louisiana—Remedial design/remediation of gasoline pipeline leak on 12-acre site. Columbiana County Port Authority,Wellsville Intermodal Industrial Park, Wellsville,OH—Land and river drilling,Phases I and II assessments,geotechnical r surveys and investigations,NEPA studies,and engineering services for development " - of barge unloading facility at a former brownfield site. I Community College of Allegheny County,Pittsburgh, PA—Civil and ' I geotechnical engineering, site layout,construction monitoring,landscape design, stormwater management,sanitary sewer design. Consolidation Coal Company,Bailey Mine Expansion, Southwestern,PA- Stream monitoring,impact assessment,and restoration plans. # Cooper Industries,Nationwide Sampling Program,Various Sites throughout US • •• Monthly,quarterly,semi-annual and annual groundwater monitoring at 29 facilities nationwide,data analysis and management,and reporting. Cooper Industries,McGraw Edison Plant,Olean,NY—Remedial design and construction of groundwater remediation system to complete the design of the remediation system and implement the remedial actions in accordance with the approved RD/RA Work Plan based on the extraction system. Costco Wholesale,Inc.—National Client,Various Sites: Site reconnaissance and assessment,development feasibility,civil engineering,landscape design,permitting,right-of-way vacation and parcel consolidation topographic surveying,utility relocations and extensions,construction document preparation,construction quality assurance. 1 1 2 I CSX Transportation,Inc.,Pittsburgh,PA–Emergency action plan,geotechnical investigation,remediation design,construction management for landslide onto : major artery. Eagle-Picher Industries,Inc.,Delta, OH–CERCLA Removal Action at r. Superfund Site, including remedial work plan,investigations,evaluations, feasibility&electrokinetics studies. Eckerd and Staples Stores, South Hills,Pittsburgh,PA-Design-build services including civil engineering, retaining wall design,design of mine grouting program,construction supervision and subcontracting. Frigidaire,Edison,NJ–Groundwater Remediation for light manufacturing facility contaminated with trichloroethylene and tetracholoethylene.The remediation efforts focus on source remediation and natural attenuation in fractured bedrock. Home Depot,Various Sites in Indiana,Ohio,Pennsylvania–Site evaluation and planning,surveying services, civil engineering design,geotechnical investigations,utility and traffic plans, landscape architecture,construction administration. 1'451 Honeywell Specialty Chemicals,Emlenton,PA–Project management, including = preparation of health and safety plan,for closure and demolition of the first oil refinery in Pennsylvania. — Isabella Coal,Fayette County,PA- Site reconnaissance,engineering investigation,design of passive treatment system,grading and revegetation plans A, for refuse disposal area closure plan. ' Kaiser Aluminum& Chemical, Ravenswood, WV–Implementation of Interim Measures Work Plan for waste management unit. The Kroger Company,Various Sites in Virginia&West Virginia–Phases I and II environmental assessments, UST remediation,groundwater monitoring. Little Blue Run,Georgetown,PA-The Little Blue Run disposal area is an 800- acre impoundment formed behind a 400-foot high earthen dam.CEC has .‘fperformed numerous environmental services for Pennsylvania Power(First Energy). Services have included permitting;groundwater modeling,monitoring and reporting;life cycle studies;data management;design&construction r services;compliance assistance,hydrologic studies,erosion&sedimentation control,direct vegetation studies,closure evaluations,etc. LTV Steel, Southside Plant,Pittsburgh,PA-Act 2 environmental assessment of 126-acre site for redevelopment. Hazelwood Coke Plan,Hazelwood,PA -Act 2 environmental investigation for a 176-acre site for redevelopment. Marconi Communications,LLC(formerly Fore Systems), Warrendale,PA –Civil,geotechnical,&site development engineering,wetlands permitting and mitigation,utility design,and environmental studies were provided by CEC for a new$45 million headquarters complex on a 100-acre site. Marconi designs,develops,and manufactures high-performance computer networking products. 1 3 I illMarriott Towne Place Suites,Blue Ash,OH-Preliminary and final .-a civil engineering design services for the development of a hotel facility. , . The project included the design of a 10,000 cubic foot capacity k underground stormwater detention facility to control stormwater discharges to surrounding properties. JU Metcoa Radiation Site,Pulaski,PA—CEC was retained as a consultant I for implementation of remedial action.Work included the preparation of Blue Ash. Ohio plans and specifications in accordance with a consent decree, and preparation of subsequent contract documents and construction management for this 20-acre abandoned scrap metal I facility. CEC's efforts reduced the overall costs by$14 million. Neville Chemical Company,Pittsburgh,PA—Tank Farm Design: Environmental investigations,feasibility studies, I remediation design and chemical storage. Nine Mile Run,Pittsburgh, PA-Design/build services for revegetation of steep slag 1+ slopes on the 18-acre portion of a 240-acre brownfield slag disposal site, and invasive plant management on 42 acres to be developed for a new neighborhood and greenway extension . of Frick Park. , r t► NWI Land Management Corporation,Division of Fruit of the Loom,Breckenridge Disposal Site, Breckenridge, MI—Client representation in negotiations with Nuclear Regulatory Commission,site investigation and characterization,routine site maintenance for property previously used for disposal of low-level radioactive waste by a nearby rare I earth processing plant in late 1960s. Hardeman County Landfill, Toone,TN—Client representation,project coordination and management of operation and maintenance of remedial components, including reporting and monitoring activities for this CERCLA Superfund site. I Osborne Landfill Superfund Site,Pine Township,PA—Off-site groundwater sampling of multiple aquifers and residential wells,data evaluation,and reporting.Four contracts that included the investigation,design, i specifications,bidding,and CQA Services for Slurry Wall.The site had been used for the disposal of 250,000 cubic yards of municipal and industrial wastes. CEC's work continues with on-going monitoring and operation. Pittsburgh Corning Corporation,Birch Run Landfill Closure,Port Allegany,PA-Design-build services for the ' closure of the 4.5-acre landfill.Pittsburgh Corning manufactured various glass products, including cellular glass insulation and architectural glass block. Between 1950 and 1972 industrial waste was placed in the landfill.CEC directed the work,negotiated with the regulatory agencies,and performed CQA services. Port Allegany, PA- I Finalize design and install 2 oil water separators. Pittsburgh Technology Center,Pittsburgh,PA-Brownfield site assessment and remedial action negotiation for former gas plant,steel plant and metal-plating operation which was converted to an office complex. I ..4.1 g 4. 431 4. 4 .A `:_ Pittsburgh International Airport,Pittsburgh,PA—Development of customized I environmental database management system that integrates documents,procedures, system status records,training modules,MSDS,etc. I I 4 I 111 Pittsburgh International Airport,Pittsburgh,PA-CEC performed a stream classification study in support of the Pittsburgh International Airport's Environmental Assessment(EA)for Airport-Wide Development Actions.CEC aquatic ecologists classified all streams within and adjacent to the eight Major Elements located on individual parcels within the Airport property. CEC performed this study to address comments by the Pennsylvania Fish and Boat Commission(PAFBC)on the draft EA document regarding the types of streams and stream lengths potentially affected by the proposed development. ' PNC Realty Services,Various Sites—Several UST management projects including the design of a database,preparation of specifications,closure,replacement,and upgrades of hundreds of underground storage tanks in three states. 430. Polaris Fashion Place Mall and Polaris Towne Center,Columbus, OH— Polaris Fashion Place Mall contains 1,600,000 if retail space.CEC provided f ' complete civil engineering design, including preparation of site grading plans, utility designs,erosion and sedimentation control plans,and stormwater management. Stormwater management was provided in three ponds,one being an aesthetic wet pond and two dry detention ponds. Polaris Towne Center is a 735,000 square foot mall for which CEC provided complete civil engineering design for the project, including grading and utility plans and stormwater management design for three aesthetic wet ponds. In addition, ' CEC provided design and permitting services for stream relocation and wetlands impacts caused by the project. Port Ambridge Industrial Park,Ambridge,PA—Three Phase 2 environmental assessments on three parcels of a brownfield site, land formerly owned by steel company;engineering oversight during remediation of lead- contaminated soils. Prime Retail Factory Shops,Grove City,PA-Civil,environmental,geotechnical,and site development services for a$40 million outlet mall constructed on a 63-acre site. Rebecca Care Residence,West Deer Township, PA - Civil,geotechnical, s wetlands permitting and mitigation design,Phase I and Phase II 1 environmental site assessment,underground storage tank closure and soil remediation,and asbestos abatement services for a$10 million assisted living facility,on a 15-acre prime property lot. Robertson/Ceco,Economy Borough,PA—Landfill site consists of five separate disposal areas,each on a hillside where material was dumped from trucks and allowed to travel down the hillside. Waste materials were also used to construct an embankment. Closure included excavation and off-site disposal of the wastes,some of which were characteristically hazardous under RCRA and were stabilized using pozzolanic compounds to render them non-hazardous prior to off-site disposal. CEC prepared construction drawings,technical specifications,sampling plans,monitoring plans,and a CQA plan and oversight. Robertson/Ceco,Legionville Hollow,Ambridge,PA -Investigation design,& construction management services for three former disposal facilities that had not been used for disposal since the mid-1970s. 5 I I Skyline Chili, Various Sites in Ohio—Preliminary and final civil engineering services. I Southside Riverfront Housing,Pittsburgh,PA—Environmental ' investigations, soil and groundwater assessments,underground storage tank ,. investigations,risk assessment. tmem Springfield Municipal Wastewater Treatment Plant, Springfield,TN— „.� Design and engineering services during construction of a municipal wastewater plant from 3.4 MGD to 7.0 MGD. Facility will be designed to lir ......... -- - - provide Biological Nutrient Removal. Sunbeam-Oster Company,Bally Superfund Site,Berks County,PA-Remedial design and remedial action I oversight services following issuance of ROD. The site consists of several hundred acres in which the sole source aquifer had been contaminated with VOCs. CEC saved the client over$2 million. Sunbeam-Oster Company—Groundwater assessment and remediation in Anderson, SC: Remedial investigations, i corrective actions,quarterly monitoring at former plating facility. Tennessee Department of Transportation—Two-year,open-end contract to I conduct ecological studies,threatened and endangered species studies,wetland \; f` delineations,erosion and sedimentation control plans,water quality assessments, ' ' stream surveys,etc. I Turtle Creek Watershed Association,Turtle Creek,PA—Geographic information system,river conservation plan,public involvement. 1 U.S. Army,Woodbridge Research Facility,Woodbridge,VA—Sampling 1.4* of indigenous fish for a bioaccumulation study and in-situ exposure of wedge �.: clams(Rangia cuneata)using live boxes for detection of PCB contamination 4 .4 . was performed at various water bodies located on and off the site. a; A USX Realty,Ellwood City,PA—Complete environmental assessment of ,".iv - i- former steel tube mill, including 10 groundwater monitoring wells, removal of USTs and contaminated soil in preparation for site redevelopment. USX Corporation, Saxonburg,PA—Groundwater assessment for 140-acre sinter plant in preparation of dismantling and sale of facility,in addition to environmental consulting,Act 2 investigations,engineering services, I assessment and closure of two on-site landfills, and final reporting. The site was recognized as the Northwest Region Showcase Site in Pennsylvania's Land Recycling Annual Report of July 1998. Vulcan Materials Company,Various Cities in PA—Phase I&Phase II Environmental Site Assessments at eight sites that were formerly used as operational sites for the production of cement,asphalt, gravel and sand. Waste Management,Inc.,Danville,IN—Design/build of 4-stage leachate pretreatment wetland. Somerset County, PA—Engineering and preparation of permit applications for expansion. I I I 6 The Waterfront Development,Continental Real Estate Companies, I Homestead,PA—Civil and geotechnical engineering,construction -�-� administration,landscape architecture and environmental permitting services > f " for a 265-acre development to include a mix of retail,office,warehouse, " - -� restaurant and multi-family residential uses. Weirton Steel Corporation,Weirton, WV—Management of RCRA Corrective Action f �� '� Program for 1,400-acre fully integrated steel mill with 240 solid waste management 4111��l,111- units. I Wheeling-Pittsburgh Steel Corporation,Follansbee, WV—Management of RCRA Facility Investigation. White River,Island Woods,Indiana—Riverbank restoration: erosion control, invasive plant management,hydroseeding,bio-engineering,improving wildlife habitat. White Consolidated Industries, Shreveport,LA—Groundwater Remediation System Retrofit of an existing groundwater remediation system at POULAN/Weed Eater.Historic solvent use ►., at this light manufacturing facility had resulted in extensive contamination of a shallow At„ aquifer. Williamson County Landfill,Franklin, TN—Engineering and on-site monitoring and data collection for MSW landfill site,C&D landfill site,compost facility,aerated bioreactor operation,and stream restoration work. I 1 I 7 r s -- CEC Office Locations '� Civil & Environmental C.,--' .�>e '''1 3041 Woodcreek Dr,Suite 210 Consultants, Inc. 0= v Downers Grove,IL 60515-5417 01' rChicago Phone: 877-963-6026 J' + Fax: 630-963-6027 ��'"•` Email: chicago@cecinc.com www.cecinc.com Professional Engineering .;-, 1` «a y 3600 Park 42 Dr,Suite 130B � 1 , Cincinnati,OH 45241-2072 & Environmental Cincinnati Phone: 800-759-5614 Fax 513-985-0228 � Consulting Services ti„y — �, R., � a ,$ `� Email: cincinnati@cecinc.com - 400 Lazelle Rd,Suite 1 Columbus,OH 43240-2023 ('EC's professional staff of engineers, Columbus Phone: 888-598-6808 'r Fax: 614-540-6638 4 scientists and technicians are Email: Columbus@ cecinc.com diversified, knowledgeable,focused and I 1 I >> , . experienced to assist our clients in Four Triangle Lane,Suite 200 meeting project objectives. Export,PA 15632-9255 Export Phone: 800-899-3610 Fax: 724-327-5280 rr CEC's Staff includes: Email: export@cecinc.com 1 s 10 W.Market Street,Suite 1360 ❑ Engineers: - Civil,Chemical,Geotechnical,Sanitary, Indianapolis,IN 46204-2960 . Indianapolis Phone: 877-746-0749 , Environmental, Mechanical,Mining Fax: 317-655-7778 Email: indianapolis@cecinc.com0. >::. Ens -5-„6,1407..7.--- ❑ Enironmental Specialists: \ e`, 6K`' "- =-y' Geologists, Hazardous Waste Specialists, i Hydrogeologists, HyNashville,drologists, 624 Grassmerell,,TN Park Dr,Suite 21 T37211-3671 Remediation Specialists \ashvine Phone: 800-763-2326 Fax: 615-333-7751 Office Locations: ❑ Life Sciences: Email: nashville@cecinc.com Agronomist, Biologists, Divers,Ecologists, Chicago, IL Wetland Specialists,Wildlife Scientists 333 Baldwin Rd Cincinnati, OH Pittsburgh,PA 15205-9702 Columbus, OH Pittsburgh Phone: 800-365-2324 Export, PA ❑ Master Planners Fax: 412-429-2114 Indianapolis, IN ❑ Landscape Architects Email: info@cecinc.com Nashville, TN Pittsburgh, PA ❑ Surveyors,GIS Specialist St. Louis, MO ❑ CAD Designers 500 Chesterfield Center,Suite 200 St. Louis, MO 63017-4827 0 Construction Inspectors St.Louis Phone: 866-250-3679 0 Computer Information Technicians Fax: 636-519-1027 Email: stlouis@cecinc.com Civil Engineering Environmental Consulting Solid Waste Management Site Development Environmental Engineering Life Sciences&Ecological Services Feasibility& Site Planning Studies Brownfield Investigation & Clean-Up Aquatic Ecology Geotechnical Engineering Environmental Assessments Revegetation/Agronomy Surveying Services Environmental Audits Information Technology Master Planning Risk Assessments Dam Inspections Landscape Architecture Remediation Design/Construction Flood Studies Trailway Design Permitting& Compliance Litigation Support Mine Subsidence Investigations Water/Wastewater Management Public Meeting Support Construction Phase Services Municipal Engineering Report Preparation Infrastructure Design Quality Assurance Forensic Engineering Mixed-Use Facilities Utility&Industrial r•---7 Solid Waste Management' 1 Facilities sli i •Civil Engineering ` •RCRA/CERCLA Program •Site Selection&Characterization "'�"',, moi-- lir �`, •Landscape Architecture Expertise =�v •Design&Permitting •Conceptual Desi n s 4 t p g +, ; •Remedial Investigation&Design •Groundwater Assessment •Geotechnical Investigation �v,' gy y g gy Expertise -cam,' 4 •Groundwater Remediation ;, - Geolo /H dro eolo r' •Walking/Cycling Trails .v; : .�. ••UST/AST Tank Management s - •Monitoring Services •Sanitary Sewer Design , ' . 4 • ,_ •Permitting&CompliancelialkilligiL •Environmental Engineering T .tr.v>. - Assistance •Risk Assessment Computer Technology Commercial Developments Brownfield Developments &State-of-the-Art Services ti - •Site Grading . ..a �, ... . •Grant&Funding Assistance ,e ) i •Geographic Information Systemsm •Earthwork Analysis ,, •Environmental Assessment r / / •Global Positioning Systems '''JP"--- ` •Erosion&Sedimentation Plans . ••Site Characterization t f.` •Hydrologic&Hydraulic Modeling ,a= „7.`-%.',‘; •Stormwater&Utility Design .✓` •Site Remediation ,,,1 1, .. •Environmental Information •Construction Document Preparation •Agency Negotiation �. +' Database Management •Wetlands Delineation '; fi •Risk Assessment 0-"i'.-",", ?` ''`' g ' - •Forensic Engineering •Stream Assesment •Permitting Assistance Jr.', 4 -• , ... •Expert Witness Testimony •Slope Stability Design •Construction Quality Assurance `" Institutional&Residential Developments Municipal Engineering Life Sciences& Ecological Services •Feasibility Studies •Funding Assistance h i1 •Stream Restoration/Biomonitoring �I •Topographic&Boundary Surveys • Environmental Consultation er , •Jurisdictional Wetlands ,� •Flood Impact Issues {` •NPDES Permitting Assistance s Jit1 <i •Benthic Macroinvertebrate& '.,E =$ ; uL�! •Utility Design/Coordination I - •Water Treatment/Storage ,?t 1 Mussel Surveys VI •Master Planning ti e •Wastewater Collection/Pumping -` •Endangered Species Surveys ° •Pavement Analysis&Design '�' / �;� � ,e• •Water Distribution/Pumping t'41:.4..„,-.. �� _ _ •Acid Mine Drainage Investigation 1 �,. •Recreational Facilities . = - •Agronomy&Phytoremediation •Wastewater Treatment • � �� ' `` '`' � ,. >g Human/Ecological Risk Assessment +n ''" — • Roadway Design �• ' •Watershed Assessment • Stormwater Design&Permitting ivil & Environmental Consultants, Inc. (CEC), provides civil, sanitary and transportation engineering; environmental consulting; land planning and landscape design; and surveying services to public and private-sector clients throughout the United States and in Canada. We bring to each project hands-on experience,a comprehensive knowledge of regulatory requirements, and an acute sensitivity of the costs involved. We begin each assignment by thoroughly analyzing the problem and listening to the needs and expectations of our clients. We involve senior personnel in each project phase,with overall direction provided by principals and project managers who have,on average, more than 20 years of industry experience. We maintain continuous communication with our clients throughout planning,design,and construction,and we are extremely proud of our many long-term associations. Following are highlights of the services provided by our offices in Pennsylvania,Illinois,Indiana,Missouri,Ohio,and Tennessee. World Wide Web Site: http://www.cecinc.com Civil& Environmental Consultants, Inc. Human and Ecological Risk Vapor Extraction Systems Assessment Underground Storage Tank Asbestos Assessments Contaminant Remediation From the performance of a preliminary Lead Paint Surveys Landfill Permits-to-Install(PTIs) environmental assessment to develop- Industrial Waste Disposal Construction Quality Assurance ment of practical contamination/reme- Facility Permitting Coal Refuse Disposal diation plans, CEC's staff of environ- Manufacturing Process Air Facility Design mental experts provide cost-effective, Permitting Industrial Pre-Treatment prompt responses which determine Expert Witness Testimony Facilities Design the presence,extent,and effects of Stormwater Assessments,Sampling, contamination. CEC provides estimates and Permitting of potential costs of environmental NPDES Permitting liabilities to support long-term plan- CEC's multi-disciplinary approach to Expert Witness Testimony ning,property transfers,or assignment waste management issues and remedial of financial responsibility. CEC's construction programs emphasizes audits identify regulatory and permit cost-efficient designs and implementa- issues and recommend programs for tion of appropriate technologies. This achieving compliance. CEC's environ- approach is supported by the firm's CEC provides comprehensive site mental professionals also have the extensive experience and knowledge of planning and engineering services for expertise to assist clients in obtaining regulatory requirements and proce- ❑ew and existing developments. Our permits for a variety of industrial dures. These capabilities are applied to projects have included regional processes,including air emission,waste the design of new waste management shopping centers,corporate office water discharge,and industrial solid or remediation facilities,or for the parks,industrial facilities,commercial waste disposal permits,along with the optimization of existing units or and residential developments,and preparation of associated waste systems. CEC maintains its involve educational and institutional centers. management and minimization plans. ment during construction or remedia- CF.C's engineering capabilities encom tion with a variety of contractual pass site evaluation and planning, Environmental Site Assessments approaches. investigation,design,permitting, Environmental Impact Pittsburgh,PA Assessments Siting Studies construction document preparation, 800/365-2324 and construction monitoring services. Environmental Compliance Environmental Permitting Wetlandsermittin expertise includes Chicago,IL Audits p g Municipal, 877/963-6026 Residual,and delineation,function/value assess- Regulatory Compliance Programs Hazardous Waste Landfill Design menu,and mitigation design. Cincinnati,OH and Permitting 800/759-5614 Alternatives Analysis/Feasibility Soil and Groundwater Studies Columbus,OH Contamination Investigations Foundation Investigations and 888/598-6808 Groundwater Quality Assessment Geotechnical Design Plume Identification and Export,PA Management Landfill Gas Extraction System Site Development Planning and 800/899-3610 Design and Construction Feasibility Studies Indianapolis,IN Geophysical Investigations Landfill Air Permitting Pavement Analysis and Design 877/746-0749 Underground Storage Tank Conceptual and Final Remediation Landscape Architecture Investigations esi n/Construction Nashville,TN Dg Master Planning 800/763-2326 Mining Investigations Groundwater Extraction and Site Grading and Earthwork St.Louis,MO Spill Prevention and Contingency Treatment 866/250-3679 Planning Analyses Waste Excavation,Treatment, Erosion and Sedimentation Corporate Web Site Biological Monitoring and and Disposal Control/Stormwater Management http://www.cecinc.com Water Quality continued mt the bark Wetlands Delineation,Permitting, Bridge&Culvert Hydrology, and Mitigation Design Hydraulics,Design The Federal Government's Clean Wetlands Value/Function and Urban Storm Drainage Systems Water Act required municipalities and Habitat Evaluation Traffic,Erosion Control Design g utility districts to comply with higher Utility Design and Coordination Striping and Signing drinking water standards. CEC Landslide Correction and Truck Lane Location provides comprehensive studies, Retaining Structure/Slope Design Analysis,Design design,and funding assistance to help Construction Monitoring and Transportation Planning Studies with the costs to expand and upgrade Quality Control Testing treatment and distribution systems. Culvert and Pipe Inspection Route Location Studies P p Traffic Studies Our design projects have included Sanitary Sewage Planning and more than 200 facility plans,water Permitting Traffic Counting,Analysis, treatment plants,wastewater treatment and Projections Expert Witness Testimony plants,water distribution mains, Analysis of Traffic Signal Warrants gravity sewer lines,and pumping Levels of Service Analysis stations. CEC's engineering capabilities Accident Rates Analysis also encompass the filing of all state and U.S.Army Corps of Engineer's permits,construction documents and CEC offers a team of qualified and The firm's surveying staff consists of specifications,onsite resident inspec- experienced surveyors,engineers and well-trained competent professionals tions,and construction cost estimates. support personnel for transportation supported by all current technology. projects. We utilize the latest equip- We are dedicated to promoting the Grant&Loan Financial ment and software for collecting field common good and welfare of our Applications data,performing earthwork calcula- clients and the public,maintaining the Water Storage Planning,Design tions,designing roadway alignment highest possible standards of professional Water Distribution Facilities and grade,and preparing final plans for ethics and practice,and promoting Planning,Design roadway construction projects. We quality-oriented personal service. Sewage Collection Facilities have the ability to construct terrain Planning,Design models of a proposed alignment and to Boundary&Topographic Surveys Water,Sewage Pumping perform quick"what ifs"by designing ALTA,ACSM Land Title Surveys Stations and Treatment an alignment and grade,and quickly Subdivisions and Plats Construction Plans and processing tentative cross-sections for Technical Specifications Construction Staking p an entire alignment. Once an align- Resident Inspection Services ment and grade are established,whether Built Surveys preliminary or final,computing cross- Volumetric Surveys sections and earthwork balance can be and Computations performed entirely by computer Photogrammetric Control automation. Firm design projects have Roadway Surveys included roadway widenings and new Bridge Surveys roadways,bridge widenings and new Route Location Surveys bridges,utilities,and other related structures. Roadway Design,Plans,Technical Specifications,Right-Of-Way Plans,Deed Descriptions Intersection,Interchange Analysis&Design ,:,,NA:,,,,,i:,\--- ::),,, w-t J � t '- } - �� i4t.'_� ;.'ate', 1 Environmental _ Civil& Environmental - L Consultants,Inc. Audits, Assessments & ________— ---,= --__ '" ' ft:' f--- _ -----_—,' — :.Brownfields 11CEC offers a complete range of Development E; " _ ------____11_ environmental auditing and assessment services to industrial clients,law firms,site developers, and financial institutions through- CEC evaluates the status of various private sector Compliance Audits and Liability Assessments, out the U.S. Our approach is to industrial clients as they relate to major environmental Various Metal Manufacturing Facilities, Clients perform our services in a phased laws and regulations,including RCRA,CERCLA, throughout the U.S. manner that focuses on key CWA,CAA,TSCA,SDWA,OSHA,SARA Title III, and related state and local re uirements. We Focus Environmental Assessment,Manufacturing Facility, compliance and liability issues, 9 often presenting our findings in on identifying non-compliance issues,recommending Cincinnati, Ohio terms of expected capital and appropriate solutions,and providing cost estimates to P P Preacquisition Compliance Audit,Electronics operational expenditures bring the facility into compliance. Manufacturer,Dobson Park Ltd.,San Diego, necessary to correct problems. California CEC's phased approach allows adjustments to the focus and CEC routinely conducts assessments of companies or Preliminary Environmental Assessments,34 scope of projects as information properties to identify environmental liabilities and Commercial and Residential Properties,Logan is gathered to save money and determine if past or adjacent land uses have resulted in County, West Virginia insure integration of all concerns. environmental degradation. Our approach is to meet the client'sgoals—whether those are to purchase, Environmental Assessment,Foundry, Cedarville, Ohio Our services are designed to meet any of several possible objectives refinance,redevelop,sell,or improve the value of EnvironmentalAudits/Assessments, Three Plants and for our clients— commercial/industrial real estate within the context of Seven Warehouses for Water Treatment Chemicals evaluate compliance status of sound financial decisions. We conduct our environ- Throughout Throughout the U.S., Confidential Client industrial activities,identify and mental site assessments with a focus on proposed land quantify environmental liabilities use so that problems are not only studied,but appropriate Environmental Assessment,Large Printing Facility, and risks, and evaluate properties methods of cleanup can be identified and evaluated. Cincinnati, Ohio for real estate acquisitions, Environmental Audit/Assessment, Chemical Facility, divestitures,and development. New York,New York Following information gathering developed during preliminary phases of a project,site investigations and Environmental Audit, Tubular Products Facility, assessments may be recommended,if appropriate. Pittsburgh,PA Western Ohio 800/365-2324 CEC uses all current technologies for representation Chicago,IL of data,including 3-dimensional visualization of Environmental Liability Assessments,Bar and Rod 877/963-6026 geologic and hydrogeologic information. We specialize Facilities, Elyria, Ohio and Gamy,Indiana Cincinnati,OH in site characterization,groundwater modeling,soil, 800/759-5614 waste and water sampling,human and ecological risk Environmental Liability Assessments,Seven Stainless Columbus,OH assessment,regulatory liaison,site remediation,cleanup Facilities,Pennsylvania, Ohio, Texas, Tennessee 888/598-6808 verification,cost allocation,and expert testimony. Environmental Audits,Plastics Extrusion Facility, Export,PA Western Pennsylvania 800/899-3610 Indianapolis,IN CEC has used our expertise in environmental assessments Brownfields Development,Former South Side Works, 877/746-0749 and site characterization to build a large and diverse LTV Corporation,Pittsburgh,Pennsylvania Nashville,TN "brownfields"development capability. We have 800/763-2326 successfully taken numerous industrial sites through the Brownfields Development,Former Saxonburg Sintering St. Louis, MO redevelopment/re-use process,with a particular emphasis Plant,Saxonburg,Pennsylvania 866/250-3679 on old metals manufacturing and related facilities. Corporate Web Site Brownfields Development,Specialty Steel Plant, hap://www.cec;❑c.com Titusville,Pennsylvania I" 1- ,...,..1 _ . I.: ! ...._.1 I y, r. . ' r .r 42 ?rte Civil&Environmental = Consultants, Inc. Waste Management CEC provides consulting services for the management and disposal of a broad range (IC performs"fatal flaw"studies for waste facilities to CEC has prepared and received approvals for waste of wastes,including municipal, identify potential conflicts with regulatory criteria and facility designs reviewed by local,state,and federal construction/demolition, existing environmental liabilities. Our review can regulatory agencies. CEC maintains open,productive residual,utility,hazardous, include evaluation of conditions that affect permitting, relationships with regulatory agencies to facilitate and coal refuse.CEC provides construction,and operating costs;and local issues such communication and streamline the permitting process, a full range of services including as access routes,zoning,public opposition,and leachate and to allow the use of innovative approaches to the disposal. Siting criteria evaluated during this phase design and operation of facilities. Based on client needs, evaluations to support site include wetlands,streams,floodplains,hydrogeology, CEC can act as an advocate on behalf of clients or support selection;hydrogeologic soils,airports,unstable areas,fault areas,seismic impact interaction between our client and regulatory agencies. assessment and remediation; zones,occupied structures,and domestic and public design; permitting;construction well supplies. Sites to be purchased by our clients are CEC employs highly automated and accurate computer specifications and drawings; also evaluated for environmental liabilities that may tools for design projects. The use of computer tools construction monitoring and exist at the site. We evaluate previous owners and land also results in the efficient development of design and quality assurance;and operation, uses,the presence of hazardous products,potential construction drawings as part of the design process, closure, and post-closure spills,and other liabilities which may affect our clients' rather than as a separate,independent step. These tools are utilized by our experienced staff of engineers, monitoring. financial risks. scientists,and designers to prepare accurate,cost Hydrogeologic and soils characterizations are performed effective,and constructable designs. Our design staff to support permitting and design. Investigations have extensive field construction experience which include reviewing published data,monitoring well and augments their design capabilities. This combination piezometer installation,and aquifer testing and evalua- of experience and productive computer tools results in tion. Data is used to define hydrogeologic conditions highly efficient designs. including aquifer extent,water levels,and flow charac- CEC is experienced in all facets of waste facility design teristics. As appropriate,we create simple or complex and permitting. The services CEC can provide include: groundwater flow models to predict groundwater move- Pittsburgh,PA ment. Additionally,onsite soils are evaluated for use in Permitting Waste Disposal Facility Design and I ermitting the liner and final cover systems and site operations. Chicago,IL Waste Processing Facility Design and Permitting 877/963-6026 Erosion&Sedimentation Plans,Stormwater Plans Cincinnati,OH 800/759-5614 CEC works closely with clients to realize the ultimate Geotechnical and Soils Investigations Columbus,OH goal of any waste facility project-the receipt of the nec- Gas Management System Design 888/598-6808 essary permit. Designs are prepared to satisfy regulatory NPDES Permitting and Monitoring Export,PA requirements and owner/operator preferences. Our 800/899-3610 experience in the design and construction of numerous Groundwater Monitoring System Design Indianapolis,IN facilities provides our clients with designs that are con- Wetlands Delineation and Mitigation 877/746-0749 structable and minimize development expenditures and Hydrogeologic Site Investigation Nashville,TN closure costs.In addition to the design of new facilities, Risk Assessment 800/763-2326 CEC also develops innovative approaches to increase St.Louis,MO available air space,to extend operating life,and to Following successful permitting of a facility,CEC 866/250-3679 address such operating concerns as internal slope provides continued services for the construction, Corporate Web Site stability,leachate collection,and overlay liner systems. operation,monitoring,and closure of waste facilities. http://www.cecinc.com continued on the back Waste Management,continued CEC has CQA experience with the monitoring of: CEC performs a wide range of groundwater Compacted Soil Liner Construction investigation services including complete assessments, groundwater management,modeling,and expert Structural Fill Placement witness services. Assessment of groundwater quality can Geosynthetics Installation involve the identification of naturally occurring Leachate Management System Installation substances or contaminants introduced by human Gas Management System Installation activities. CEC performs groundwater management services to delineate and analyze aquifer flow patterns Slurry Wall Construction and quantities. Determination of aquifer characteristics Evaluation of Wetland Mitigation/Replacement can involve short-term,single-well tests through long-term monitoring of well networks. Groundwater modeling is a core tool used by CEC in many ground- CEC can provide comprehensive monitoring services water projects. CEC has experience in the modeling of during operation,closure,and post-closure of waste flow and contaminant transport for a variety of facilities. CEC can perform maintenance and applications. CEC utilizes a number of advanced monitoring of gas management systems as well as computer models for groundwater analysis. Some of groundwater monitoring requirements. Along with the these tools are unique,in-house developed tools which retrieval of samples, CEC can oversee testing,perform are offered as commercial software products to other statistical analysis,and evaluate trends and significance scientists and engineers. of monitored parameter results. CEC has experience with the design,installation,and operation of groundwater remediation systems. Utilizing data gathered during investigations and Municipal Waste Landfill Design,Permitting and assessments,CEC has designed pumping wells,gravity CQA Services,Multiple Landfills, USA Waste drains,and extraction networks with consideration of Services,Inc.,Pennsylvania, Ohio,and Michigan local geology to efficiently remove groundwater con- Municipal Waste Landfill Closure Design, tamination,when necessary. In addition,CEC has Engineering Support,and Construction CQA,Big foot designed systems using barriers such as slurry walls, Landfill,Browning-Ferris Industries, Cincinnati, Ohio cutoff trenches,or groundwater extraction to control or contain contamination. Municipal Waste Landfill Design and Permitting, Five Landfills,Rumpke Consolidated Companies, Southwest Ohio CEC provides construction management and construction quality assurance(CQA)services for Municipal Waste Landfill Design,Permitting and CQA Services,American Disposal Services,Inc., waste facilities. Construction management services can include augmentation of services performed by the Carey, Ohio and Clarion,Pennsylvania client through full oversight of contractor(s) Hazardous Landfill Permit Modifications,Highway performance,schedule,and pay applications. CQA 36 Landfill, Concord Resources Group, Colorado services include monitoring the installation of geosynthetics,soils,piping and pumping systems, Liner System CQA, Valley View Landfill,Laidlaw storage tanks,gas management systems,sedimentation Waste Systems,Inc.,Sulphur,Kentucky basins,and support facilities. Field CQA services Remedial Action Planning and Remedial Design, include monitoring of construction activities to Osborne Landfill Superfund Site, Cooper Industries, determine compliance with approved,facility-specific CQA requirements. Field monitoring can include soil Grove City,Pennsylvania compaction testing,field soil laboratory testing, Coal Slurry Impoundment,McCoy Elkhorn Coal non-destructive and destructive geosynthetic testing, Company,Meta,Kentucky and monitoring placement of protective cover soils and piping. Following construction,field/laboratory Groundwater Assessment and Abatement,Little Blue testing and monitoring reports are summarized into Run Disposal Impoundment,Electric Power Research construction documentation reports which are Institute and Pennsylvania Power Company, sealed by professional engineers and submitted Pennsylvania to regulatory agencies. ;a , -- Civil &Environmental -" , ,' • . _ �" ': Consultants, Inc. _ Civil Engineering/ _ ---= _ - --- CEC provides civil engineering Site Development and site development consulting services to developers,architects, planners,industry,and contractors. CEC has extensive experience developing site grading processes of site development projects. Our staff has Our services include predevelop- plans,producing"balanced"earthwork conditions designed sanitary sewer and water distribution ment site investigations,site where there is no need to import or remove material systems and coordinated the service extensions of evaluation and planning,landscape from the site. We have developed and evaluated natural gas,electric,telephone,and cable television architecture, site grading grading plans for sites involving as little as a few utilities. CEC can also prepare sewer/water service analyses,design of erosion and thousand cubic yards to over several million cubic yards feasibility studies that identify capacity constraints and sedimentation control facilities, of earthmoving to satisfy project objectives. Our site costs of service alternatives. CEC integrates all of the stormwater management, utility grading consulting services incorporate CADD design elements into buildable construction drawings design/coordination,manage- technology and integrate the important aspects of site and specifications. Our staff is also experienced in ment of regulatory approvals, development,such as slope stability,drainage,stormwater managing the regulatory permitting and site plan management,and geotechnical requirements. approval processes of site development projects. and preparation of construction documents. CEC has the experience necessary to assist CEC staff members have extensive hydrologic and Schematic Design Services, Civil and Geotechnical developers, architects,and hydraulic design experience and a proven track record Engineering, Wetlands and NPDES Permitting,and private industry with the of successfully obtaining local,state,and federal erosion Construction Services,FORE Systems,Inc. Corporate development of feasible and and sedimentation control(E&S)permits and/or Headquarters,Marshall Township,Pennsylvania cost-effective designs for regulatory approvals. We have a working knowledge of regional shopping centers, the various state and federal E&S and National Schematic Design Services, Civil and Geotechnical Elimination System(NPDES) Engineering,and Ofite Sanitary Sewer Design, Pollutant Discharge office buildings,industrial and Y and requirements. CEC'sprimaryRebecca Residence Assisted Living and Care Center, institutional facilities,andregulationsq commercial site developments. objective in developing E&S control plans is to West Deer Township, Pennsylvania integrate E&S with post-development stormwater Civil Engineering,Design of Regional Stormwater management to the extent possible to reduce overall Detention Facility,FEMA Permitting,Stream Buffer site development construction costs. Variance Permitting,and Erosion and Sedimentation Pittsburgh,PA Control Plan Approval,Arbor Place Mall for 800/365-2324 CBI&Associates Properties,Inc.and KA.,Inc., CEC provides comprehensive stormwater isill Douglasville, Georgia Chicago,IL g g 877/963-6026 management consulting services,including flood routing studies,stream relocations and enclosures, Civil Engineering,NDPES Permitting,Of ite Roadway Cincinnati,OH an hydrologic and h hydraulic analyses d design,and ImprovementsDesign and Construction Phase Services, 800/759-5614 Y Y g g Columbus,OH above-ground and below-ground stormwater detention. Georgesville Square Shopping Center for Glimcher 888/598-6808 Our use of extensive computer software enables CEC to Properties Limited Partnership, Columbus, Ohio Export,PA analyze alternative stormwater detention measures and 800/899-3610 methodologies to satisfy site-specific regulatory Civil and Geotechnical Engineering, Wetlands Permitting, We have demonstrated a proven Of ite Infrastructure Design and Permitting,and Indianapolis,INrequirements. 877/746-0749 ability to design and permit stormwater detention Construction Monitoring Services, Grove City Factory Nashville,TN facilities for difficult sites with unique Shops,Prime Retail,L.P., Grove City,Pennsylvania 8001763-2326 stormwater-related problems. Civil Engineering,NPDES Permitting,Subdivision and St.Louis,MO Rezoning Approval,and Construction Phase Services, 866/250-3679 Robinson Crossroads Shopping Center for Woodmont Corporate Web Site CEC has extensive experience preparing regulatory permits Corporation,Robinson Township,Pennsylvania hap://www.cecinc.com and managing the design,approval,and construction - ti 1 to Occupational & ‘. :, - µ "X„,,. Environmental .b` ‘ - 1.4 Civil&Environmental Hygiene .t”r a -`r•-, s . . . _ Consultants, Inc. CEC offers a comprehensive The Environmental Protection Agency(EPA) esti- The Occupational Safety and Health Administra- range of occupational&envi- mates that approximately 900/0 of buildings con- tion(OSHA)has promulgated a variety of regula- ronmental hygiene services. strutted before 1980 have asbestos-containing ma- tions to protect workers from the various environ- Utilizing state-of-the-art terials(ACM).The simple presence of asbestos, mental factors that can cause sickness,significant technologies and however,does not necessarily mean that a hazard discomfort, or impaired health.CEC's industrial methodologies, CEC provides exists.In fact, in most cases,asbestos can be effec- hygiene(IH) professionals are experienced in the our clients with innovative tively managed in place. CEC understands the recognition,evaluation and control of these occu- need for the effective management of ACM and pational hazards.Whether the focus is chemical, solutions for the recognition, evaluation and control of can provide the programs necessary to safely physical,or biological hazards, GEC's team of manage these materials. Our staff of EPA certified professionals can help you determine the environmental hazards. Our building inspectors,management planners,project appropriate monitoring and analytical methods industrial hygienists and managers,and project designers have extensive necessary to assess the current levels of specialists have the ex- experience providing our clients with safe,cost- occupational exposure. Each project is carefully perience and knowledge nec- effective asbestos management solutions. designed in accordance with the National Institute essary to address the unique of Occupational Safety and Health(NIOSH) needs of each client and each CEC provides a wide range of asbestos related ser- recommended analytical methods,as well as project. vices in order to assist our clients in complying additional relevant standards.All projects are with the various federal,state and local performed in strict accordance with the American regulations. Our services include: Industrial Hygiene Association Code of Ethics for the Practice of Industrial Hygiene.If exposure Asbestos Surveys &Testing exceeds acceptable standards,our professionals can Asbestos Project Management assist in developing a practical and cost-effective Asbestos Project Design approach to reducing occupational exposure. Asbestos Operations&Maintenance Programs CEC's industrial hygiene services include: Asbestos Air Monitoring Asbestos Program Management Exposure Monitoring IH Program Development IH Program Auditing Pittsburgh,PA As a result of lawsuits and associated media expo- Industrial Ventilation Performance Evaluation 800/365-2324 sure, mold has been elevated to one of the most Noisc Surveys Chicago,IL common air quality concerns,often being 877/963-6026 compared to asbestos in terms of health effects Cincinnati,OH and litigation. Unlike asbestos,however,there are With the recent promulgation of governmental 800/759-5614 no standards for investigating or managing mold regulations regarding lead disclosure in real estate Columbus,OH related issues.The lack of regulatory standards transactions,along with OSHA regulations for 888/598-6808 only further necessitates the need for qualified and construction and general industry, the demand for Export,PA experienced professionals. lead detection and hazard assessment services has 800/899-3610 dramatically increased. CEC maintains a staff of Indianapolis,IN CEC's experienced professionals offer a EPA accredited and State licensed lead inspectors 877/746-0749 comprehensive range of mold investigation and and risk assessors to assist our clients in reducing Nashville,TN management services including: lead related exposures and liabilities.GEC's lead 800/763-2326 Mold/Moisture Investigation detection and assessment services include: St.Louis,MO Mold Remediation Work Plan Develo ment 866/250-3679 p Lead-Based Paint Inspection Indoor Air Quality Investigation Lead Risk Assessment Corporate Web Site Mold Operations&Maintenance Programs http://www.cecinc.com P g Lead Abatement Project Management Mold Remediation Project Management Lead Work Plan Development