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Public Works Packet 2004 05-24-04 United City of Yorkville �A,Tt` County Seat of Kendall County EST.i ` 1836 800 Game Farm Road ,� ` CO Yorkville, Illinois 60560 Q IIIIII Q Phone:630-553-4350 1� �„ , •v`Z Fax:630-553-7575 `&LE �v PUBLIC WORKS COMMITTEE MEETING AGENDA Monday, May 24, 2004 7:00 PM City Hall Conference Room Approval/Correction of Minutes: February 23, 2004 and April 26, 2004 Presentations: None New Business: 1. Liberty Street Watermain— Change Order No. 1 2. Water Department Reports for March 2004 and April 2004 3. Savitski Property - Letter of Credit 4. Well #7 Well House and Treatment Facility - Change Order #1 5. Grande Reserve - ComEd Easements 6. Foxfield Unit 2 - Final Acceptance 7. In-Town Road Program - Policy Decisions 8. Request from Wiseman-Hughes — Sanitary Sewer Connection Fee — Credit Toward Oversizing Hydraulic Interceptor— Windett Ridge Project 9. Joint Purchase with Parks Department of Toro 4000-D Lawnmower 10. 2004 Public Sidewalk Repairs - Bid Results 11. 2004 Asphalt Surface Treatment - Bid Results 12. Cannonball Trail Project— Update 13. Heartland Circle — Sanitary Sewer-Alternative Plan Old Business: 1. None Additional Business: Page l of 8 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING MONDAY,FEBRUARY 23,2004 7:00 P.M. In Attendance: Alderman Larry Kot Alderman Joe Besco Public Works Director Eric Dhuse City Engineer Joe Wywrot APPROVAL/CORRECTIONS OF MINUTES: NONE NEW BUSINESS: River's Edge Unit 2—Letter of Credit City Engineer Joe Wywrot stated that he had received a letter from the bank stating that the River's Edge Unit 2 letter of credit was soon to be expired,but that they managed to have the letter of credit extended. No action needed. This item will be removed from the agenda. Fox Hill SSA Public Works Director Eric Dhuse informed the committee that this was an ending worksheet for the Fox Hill SSA. This item will go to COW on March 2,2004. Waterworks Bid Schedule Mr. Wywrot stated that this item was for information only and that they were going to bid for 2 projects that have now been combined into one bid package for the Cannon Ball Trail Booster Station and the South Pressure Reducing Valve Station. He said that they have their easements, the required the sites and permits for the work. No action needed for this item. Water Department Report for December 2003 This item will be put on the COW Consent Agenda. Bruell Street Force Main & Gravity Sewer—LOOT Highway Permit Mr. Wywrot stated that this permit is a standard IDOT permit that the City is required to do. He said that this would also be an item to be put on the March 2, 2004 COW Consent Agenda. USGS Study of Area Groundwater Mr. Wywrot stated that the City's parcel costs for the USGA Study would be$1,900. He said that Mayor Prochaska is aware and on board with the study. The study will let them know what is in the aquifers and help in locating future well sightings. This item will go to COW on March 2, 2004. Page 2 of 8 IDNR'S SUMMARY REPORT OF YORKVILLE'S COMPLIANCE WITH NFIP Mr. Wywrot said that this is an annual report that is done by Paul Osmond of IDNR. Mr. Osmond found one possible problem. In paragraph 7B of Mr. Osmond's narrative report it stated he would like for the City to confirm that the new structures which have been built at the YBSD's Treatment Plant, have been flood proofed to that elevation. Mr. Wywrot did speak with Bob Bower from Deuchler Associates of the request and they will soon be providing information about it. Mr. Wywrot said that after he receives the information, he will forward it on to IDNR. In Floodplain Ordinance section 7A in which they are asking the City to adopt, is very similar to the ordinance that was from 1990, but this would replace that. The changes are printed in bold face italics. He made 2 changes in the ordinance that was in the narrative report. They will be using the 500 year Flood Plan as proposed in the 1989 for elevations in Blackberry Creek to regulate construction. We are currently using the 100 year Food Plan from the 1982 Core Flood Profile. The Blackberry Creek Water Shed Committee decided that from their studies of the flood from 1996,that the 1982 Core Flood Profile was too low. They recommended that the City should use the 500 Year Flood Plan from 1989. Mr. Wywrot also recommends it as well. Mr. Wywrot also mentioned that in the 1990 Ordinance, there is language in it that states if there is an unmapped flood plain that the developer has to perform a study and send it down to the state for approval. The new Floodplain Ordinance takes some of that language out. The developer will still need to do a floodplain study, but it takes out the part of them needing to send it down state for approval. He said that he would still like to see that language kept in the new ordinance. This item will go to COW on March 2, 2004. MFT Appropriation Mr. Dhuse said that this regards what they are proposing for next year's General Maintenance Budget under the MFT section of the memo. This would include hot patch, cold patch, signs, rocks and salt. He said that they added 200 more tons of salt this year. This item will be on the Consent Agenda at the next COW on March 2, 2004. Engineering F-150 Truck Mr. Wywrot stated that they will be hiring a new engineering technician and they need a vehicle for that person. Money for that truck will come from the Grand Reserve Development. He said that they received that money last Friday. It is a state purchase and will be ordered through Scott Sleezer. The money was approved on the revised budget in the amount of$20,000. The second truck he would like to mention is the 1987 truck that Bill Barkley has been driving will need major repairs. Mr. Wywrot would like to budget for a 2nd new vehicle in the next fiscal year just like the one they are now budgeted for. This item will go to COW on March 2, 2004. Results of Bid Opening Mr. Wywrot stated that they had 7 bidders for the Bruell Street Pump Station. They won't be able to use 3 of the bidders because they didn't provide the bid security that was required of them. Of the other 4 bidders they will get a receipt of construction of$543, 000. Deuchler and Associates Page 3 of 8 package was structured so that the contractor would provide a base bid for a certain manufactured item. In this case they recommended that the City go with a different manufacturer for the chemical storage tank. They recommended going with the lower bid. That would reduce the ordinal $543,000 to$541,000.The company is called Seebrin and they are based out of Hampshire, Illinois. They are currently doing the City's South booster station in the Rain Tree Subdivision. Alderman Kot asked for the engineering amount on the project. Mr. Wywrot said that it is$590,000. This item will go to COW on March 2, 2004. Mr. Wywrot recommends that they do not award this contract until they have all of the easements locked up which is required. He recommends sending this to the March 2nd COW and table the item until they have received all of the required easements. Windett Ridge—Earthwork Bond Reduction#1 Mr. Wywrot said that he is recommending a reduction in the amount of$1,051,797.25. He said that though it is quite a reduction the work is done. This item will go on the Consent Agenda March 2,2004 at the COW meeting. Windette Ridge—Public Improvement Bond Reduction#1 Mr. Wywrot said that when they had reviewed this there was about 800 ft. of water main on Route 47 that wasn't in. He recommends holding that money back. Mr. Wywrot recommended adding this to the Consent Agenda at the COW meeting on March 2, 2004. NEW BUSINESS: Game Farm Road and Somonauk Roadway Improvements Mr. Wywrot stated that they need to get going on this federally funded project. He said that he underestimated what it would cost for Phase 1 Engineering. He said he called up an independent consultant to find out if the estimated costs were in the range where they should be. He called the Kane County Council of Mayors and they are reviewing it now. He said that the reward is that when they get to future stages of engineering and construction they will be getting$.50 and also $.75 on the dollar back from the Federal Government. It pays the City back more, but the City has to front the Phase I Engineering. It is a very tedious process as we have to follow not only IDOT regulations but also the Federal Highway Administration regulations and guidelines. It will cost a lot of money. He said they need to get going on this project because Phase 2 Engineering is programmed in the 2005 Kane County Council of Mayors annual element. He said that the City is responsible for Game Farm Road. Alderman Larry Kot asked about the Federal Aid Urban(FAU)Route. Mr. Wywrot said FAU route are the local municipal streets that are eligible for Federal Funding. The Kendal County Council of Mayors cannot spend Federal dollars on a street unless it is a FAU route. Both Game Farm Road and Somonauk are considered FAU. Last year the Kendall County Council of Mayors did recommend that these 2 streets be added to the FAU route system for Kendall County. That hasn't officially happened yet, but it is predicted to happen. IDOT is fine with it as well as Kendall County and the City needs it in order to get the 75%Federal Funding. Page 4 of 8 Alderman Kot felt that they should look at the option of going out for bid for other proposals. Mr. Wywrot thought that would be fine but that it is such a complicating and enormous project that if they were to take a look at other proposals they would have to do it right away. Regardless of who they end up going with this project will cost a lot of money. He said that looking at other options would take a couple of months and they are all ready some what behind on the project, but that they could still take a look into it. Alderman Kot also wanted to make sure the public is informed of the time frame and construction plans of the project. Mr. Wywrot agreed. This item will go to COW on March 2, 2004. Boy Scout Property Mr. Wywrot stated that Director of Parks and Recreation Laura Brown received a proposal letter from Mike Shoppe with regards to prepare some alternate designs for the land use of the Boy Scout property. Mr. Wywrot said that this proposal had to come through a committee and the Public Works committee seemed most appropriate for it. He recommended that they should go ahead with it but that he does not know if there is money budgeted for it but also felt that planning for it would be dollars well spent. He was unsure if this could be budgeted for this fiscal year. Alderman Kot asked if land cash could be used for it. Mayor Prochaska said that the way Attorney Dan Kramer had explained it is that if it is part of a project that has been identified as a project then land cash can be used but if it is a study just to see how to develop ideas for land use then land cash can not be use. He felt it was something they should speak with Attorney Kramer about. This item will go to COW on March 16, 2004. OLD BUSINESS: Director of Public Works Salary Survey Mr. Dhuse said that most of the surrounding towns did not want to give out their Public Works salary information. He said that he will work with Director of Finance Traci Pleckham to see if they can get any current information. This item will come back to Public Works on March 22, 2003. Proposed Wetland Ordinance Mr. Wywrot stated that he, Attorney Kramer, City Administrator Tony Graff, and the Conservation Design Forum had a meeting last week. He mentioned that Attorney Kramer had had some concerns about the City's authority to adopt standards for wetlands. After the meeting he was much more positive about adopting the standards for the wetlands. Mr. Wywrot said one way they could do this is through the Illinois EPA NBD's Storm Water Department, which they are mandated to adopt and follow. He said that they have submitted their 5-Year Plan to the EPA which does include adopting a wetlands ordinance. He said that Attorney Kramer was happy with the idea and that he would request some legal language modifications to strengthen it so that it would not be challenged by a developer or someone of the sort. The CDF will make those changes and get them back to them some time in March. Page 5 of 8 Mayor Prochaska said that they would need to look back and see if there was a Public Hearing meeting about this. He thought there was a draft for it and that the draft was what they were looking at,at that meeting. Mr. Wywrot said there have been many meetings over this ordinance and that they have thoroughly researched it to make sure that it is consistent and fair. He said that he would try to get the draft copy and bring it back to the next meeting. This item will come back to the next Public Works meeting on March 22, 2004. Sewer Rate Study Alderman Kot mentioned that Deuchler and Associates gave a presentation on this subject and the committee asked them to provide some information regarding suggestions and questions raised by the committee. He said some of the issues that were brought up at last months meeting were addressed in this memo. Alderman Kot said that one issue he raised was to look into to see what it would cost to have seniors be exempt. He then stated that what he meant to say was he would like to see the senior's rates frozen at the current rate. He pointed out in the last page of Deuchler's memo under the Revised Rate with a Fixed Rate Structure that he didn't think that they factored in the senior's rates being frozen. Mr. Wywrot said that he was sure they didn't. The numbers could be skewed with out the senior's rate being factored in. Mr. Kot wasn't sure if the numbers needed to be raised if they were taking the money out of the General Fund to cover costs, if that were the case then the number wouldn't change. Mayor Prochaska said that that is a decision that would need to be made by the City Council. He felt that it was a worthy cause to keep the people who aren't using it a lot at some kind of a level. Alderman Besco said that he wasn't totally against it but questioned whether or not that with the coming growth to freeze one class of people would seem some what biased. He said that they already have a special price for their garbage and questioned if they would continue to cater to just one class of people. Alderman Kot felt that it would not be that much of an expense and that the gesture is well intended and that people appreciated it. Mayor Prochaska said that the way he looked at it is that most other people have an opportunity to find a way to increase their income while it is much more difficult for senior's to do that when they are on fixed incomes. He said that one thing that they may need to keep in mind is that as the City grows then so might the number of seniors. They might not come as quickly as the younger families but there is someone who is considering putting in a large senior development. Alderman Kot felt that even a large senior development would not have a very large effect on this because they are not likely paying individual sewer bills if they are moving in a complex. Mayor Prochaska said that there was talk of single family homes and townhouses. He said in that case they would need to look at setting a criteria and who would fit into that criteria. Alderman Besco said that he would like to hear the whole Council's opinion on this matter. Page 6 of 8 Alderman Kot suggested having Mr. Graff,Mrs.Pleckham and Kevin McKenna go over this and get their opinion before raising the rates. Mayor Prochaska agreed. Mr. Wywrot said he would ask them to take a look at it and wait for their response. This item will come back to Public Works Committee on March 22, 2004. Facilities Expansion This item was tabled. City Hall Emergency Generator—Maintenance Contract Mr. Dhuse stated that he did go over the contract for the generator vendor and said that since that time the vendor has had to come out 4 different times to repair the generators. He said they made a decision to have the vendor also repairing the other generators. He said the vendors are from a local company so if it is an emergency and they are called they can be there to take care of the problem with in an hour. He said that they have had luck with them on all the other generators and the vendors do a good job of getting the generators up and running. Alderman Besco questioned whether or not this generator would cover the whole building with the new addition. Mr. Wywrot said that it only covers a certain amount of circuits, not all of them. It wasn't designed to run all of the circuits. Mr. Dhuse mentioned that one thing they should consider is if they go any bigger than the current generator then it switches from natural gas to diesel. That increases costs. Mr. Wywrot said that the thing they should look at it what they need to have the generator cover and then they can go on from there. He said they would need to specify what those essential needs are. Mr. Dhuse said that this item can be taken off from the agenda. No action needed. Well#7 Update Mr. Wywrot reported that Well #7 has been drilled and that they did a test pump last week. Mr. Wywrot said that they test showed that the aquifer is not releasing water at the rate that EEI hoped it would. They will get the amount of GPMs out of the well that they wanted to get out of it. He said that it will require a change in the depth of the pump. The well is a little over 115 deep. The static water level with the pump not running is about 400 below ground level. EEI originally said that the pump would be set at 850 feet below ground level. They are now saying what they found in the test pump that in order to pull the thousand gallons per minute the ground water level is drawn down when the pump is run. The more that is pumped then it pulled further down. They are recommending that they set the pump at about 250 feet further down than they had originally projected. That would be low enough that even with the high wire draw down there would still be enough water around the pump so that they don't have cavitations and losing air into the water. It is a stainable pumping rate at that elevation. He said that there are additional costs associated with that. There would be additional costs to cable, additional piping to pump the water back up, and additional electrical costs to push the water 250 ft. up. He said that there would be a change order coming back to the Public Works Committee in the $15, 000 range to set that pump at the lower elevation. Over time there would be a larger electrical costs associated with getting the water out of that ground. Page 7 of 8 Mr. Wywrot said that the other option would be to loosen up the formation down below to get more water coming through the cracks. He said that it not only costs $150,000.00 but you also run the risk of loosening up the formation so much that then sand could be drawn in with water. EEI is suggesting using this route. There is $15,000 in additional costs. Then once they see what they get with Wells 8& 9 on the North side then they will be able to make a more informed decision for future development. The change order for$50,000 will have to come back to Public Works before it goes to the City Council. This item will come back to the next Public Works Committee meeting on March 22, 2004. ADDITIONAL BUSINESS: Auto CAD Map CD Software Mr. Wywrot stated he and Mr. Dhuse went to EEI and they gave them the City's data file for the GIS (Graphic Industrial System). He said that they are at the point now where they will need to review it, look for errors and omissions, and basically bring it up to date as much as possible. To do that they will need to get the CD of Auto CAD Map software. He recommended getting one full CD of Auto CAD Map and the current CD of LT will slide over to the new engineering technician. The costs will come up to$2,800. Mr. Dhuse said he had some money left in computer, sewer and water to help cover costs. Mr. Wywrot said as long as they have a line item to cover costs then it should be good to go. The committee agreed for the purchase and ordering of the software. In Town Road Project Alderman Kot asked if the engineering was moving ahead with the In Town Road Project. Mr. Wywrot said yes. Alderman Kot asked to keep an update on the progression of the project on the Public Works agenda. Mr.Wywrot said that the project is in Design Engineering Phase 1 which is just north of the Fox River and they are preparing 2 sets of bidding documents. Only 1 would be constructed in 2004. That would be the Utility Phase for the areas north of the river. In the following spring of 2005 they would come back with the Road Way Phase. The utilities south of the river will come in the fall of 2005. The Road Way Phase for south of the river will be in 2006. As of now they do not have any word of contracts for work south of the river. Alderman Kot felt that they still had not identified the bulk of the financing that they need for the project. Mr. Wywrot said that this was all going to be bonded. Alderman Kot pointed out that it had not been approved by the City Council yet. Mr. Wywrot said that the engineering part has. He said that they have half of the money in the budget for the Utility Design with the understanding that Smith Engineering was not going to invoice the City until the next Fiscal Year Budget. It minimum costs for engineering would be$40,000. Alderman Kot felt that they should have updates and status of various projects regarding the In Town Road Project, particularly for the Public at future COW meetings. Alderman Besco agreed. Mr. Wywrot said he would speak with Tony Graff and then someone would need to give the presentation at the meeting. Page 8 of 8 There was no more additional business. Meeting adjourned: 8:45 Minutes by: Theresa Brady Page 1 of 7 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING CITY HALL CONFERENCE ROOM APRIL 26,2004 7:00 P.M. ELECTED OFFICIALS PRESENT: Alderman Joe Besco, Chairman Alderman Richard Sticka Aldeinian Larry Kot Mayor Art Prochaska(arrived 7:37) CITY STAFF PRESENT: City Engineer Joe Wywrot Public Works Director Eric Dhuse Jeff Freeman, EEI GUESTS: See attached. MINUTES The minutes from the March 22, 2004 meeting were approved. PRESENTATIONS Facility Planning for Proposed Expansion of YBSD Treatment Facility Philippe Moreau and Bob Bauer from Walter Deuchler and Associates and Ralph Pfister with YBSD were present to make a presentation on the Yorkville-Bristol Sanitary District Facility Plan. The following was covered in the presentation: o Developments in Progress—an overview of housing developments in progress was given. Fifty-five potentials developments were identified. Each development presents a waste water load that needs to be considered for the YBSD. The current population is 8,430. The projected population is approximately 37,000 in the year 2010 and approximately 50,000 by the years 2020. The present population amounts to 1.2 million gallons/day (MGD) of waste water load. In the year 2010 this number will be approximately 3.9 MGD and in 2020 6.5 MGD. The current plant can treat 3.6 MGD. The engineers have developed a time frame for plant expansion which will have the expansion done by the time it would reach capacity in 2010. o Original Purpose of Facility Plan—In 1977 when the U.S. government created the Clean Water Act(CWA), it mandated that the first stage in obtaining a grant was to create a facility plant. The YBSD was the first plant in the state of Illinois to get the grant in 1975. Page2of7 o Current Purpose of the Facility Plan— 1. Planning tool for current and future situations. 2. Information tool advise governmental agencies of the plants status and plans for future. 3. A sometimes mandatory requirement to obtain low interest loans. 4. Allows for public input regarding cost, sources of revenue and environamental concerns o Contents of a Facility Plan 1. Step 1 —Discusses current effluent limitations 2. Step 2—Assesses current situation such as existing conditions of planning area; existing waste water treatment plant flows; infiltration/inflow and performance of existing system. 3. Step 3 —Assess future situations such as a planning period; land use; demographic and economic projections; forecast of flow and wastelands and the future environment of planning area without project. 4. Develop and evaluate alternatives such as optimizing the existing facility and investigate alternative wastewater treatment systems. 5. Select a plan taking into consideration environmental effects, monetary costs, feasibility and reliability 6. Preliminary design of treatment works. 7. Arrangement for implementation including financial program development, agreements among participating entities and state approval. o Biggest issues for Yorkville-Bristol Sanitary District 1. Funding 2. Effluent standards - current standards for nutrients and possible future standards 3. Obtaining NPDES permit that is acceptable to all interest groups—a public hearing process is followed. Discussed a water recycling system in order to get EPA approval. 4. Organized growth from 3.6 MGD to 25.0 MGD Mr. Moreau and Mr. Bauer asked for questions and/or discussion. Alderman Sticka noted that the city's water supply comes from wells that are 1300 feet down and he questioned recharging the water table with recycled water. Mr. Moreau stated that by reusing water, there will be less use of potable water for irrigation, etc. Recycling water also recharges shallow aquifers. There was further discussion of'`gray" water lines, uses for recycled water,the effect of growth on the Fox River and how the use of effluent water will affect getting a permit for expansion. Alderman Besco asked what the plans for funding were. Mr. Moreau suggested a cost sharing between the City and YBSD to prepare the Facility Plan Report. The report will cost approximately $140,000.00. There will be additional charges for the public hearing and future meetings. Mr. Moreau stated that the cost for the treatment plant expansion is unknown at this time. The land(almost 20 acres) was purchased from the PNA camp a few years ago. Mr. Pfister noted that in the past, the United City of Yorkville has Page 3 of 7 partnered with YBSD is a facility plan. Alderman Sticka noted that this has not been considered in the city's new budget. Alderman Kot stated that he would like to see the cost passed on to the new developments and Alderman Besco agreed. There was discussion on how developments could pay for the cost. City Engineer Joe Wywrot noted that this is a time sensitive matter. Mr. Moreau stated that it is important to get the planning started due to the new developments coming online. He stated that the Board of the YBSD was going to vote on the plan at its next meeting it was discussed that the YBSD would contact the United City of Yorkville after its approval regarding cost sharing. It was decided by the committee to take the facility plan on to the May 18, 2004 Committee of the Whole meeting for discussion with the entire City Council. Blackberry Creek Watershed Modeling Tim Straub with the U. S. Geological Survey (USGS)presented the projected proposal for the floodplain and floodway mapping for the Blackberry Creek in Kendall County. The following was covered in the presentation: o Objectives—formulate an updated computer model for the Blackberry Creek in Kendall County; produce FEMA approved flood-insurance rate maps and develop an interactive website for displaying results. o Benefits- FEMA approved flood-insurance rate maps can be used to minimize loss of life and property; results and maps can be easily accesses through the internet; tool for educating the public and user-friendly software for modeling and analyzing results o Budget—Federal Fiscal Year (FFY) 2004 = $92,000.00; FFY 2005 = $90,000.00 and FFY 2006 = $21,000.00. The FFY is from October 1 —September 30. o Future Benefits—model effects of future land use to make decisions about development; model and resolve/avoid potential conflicts among landowners; analysis of hydraulic properties needed for installing stream restoration practices and model water quality. Mr. Straub and Jeff Freeman with Engineering Enterprises, Inc. (EEI) explained the cost breakdown as determined at a meeting with Kendall County, Montgomery, Yorkville and the USGS. At this meeting, the USGS stated that they would pay half of the $92,000.00; the County stated that they could contribute $15,000.00 which left the remaining amount to be divided between Montgomery and Yorkville based on the stream length within each city's boundaries. Montgomery has approximately 21% of the creek within its boundaries so it was determined that their share would be the $6,510.00. Yorkville's portion is the balance. Mr. Straub further explained how the USGS funds these types of projects. Alderman Sticka asked Mr. Wywrot how he felt about the study from an engineering standpoint. Mr. Wywrot stated that he felt the city should take advantage of the study. He noted that the city just passed the new floodplain ordinance using the Blackberry Page 4 of 7 Creek 500-year-flood plain as the base flood elevation. He stated that using this is a stop gap measure until this study is completed. Mr. Freeman stated that it has been years since the Blackberry Creek has been studied. Maps for the creek are dated 1992. Alderman Besco asked if the fee for the study was recapturable from adjoining property owners. Mayor Prochaska noted that there is only a small portion of the area adjoining the creek that is undeveloped. Mr. Moreau from Deuchler asked if the water quality was also being studied. Mr. Straub stated that the model is capable of doing water quality and the first step in creating the model is studying the hydrology. There was no further discussion and it was decided to send this item to the May 4, 2004 Committee of the Whole (COW) meeting. NEW BUSINESS 307 & 309 Mulhern Court—Plat of Easement Mr. Wywrot reported that this development had new utilities extended on to the site so new easements are needed to reflect this. Mr. Wywrot also asked for perimeter easements for future use if necessary. He stated that he had reviewed the easement however Attorney Kramer still needed to review them. There were no questions or concerns. This item will be placed on the May 4, 2004 COW meeting consent agenda. USGS Joint Funding Agreements to Survey Channel Cross from Blackberry Creek Mr. Straub stated that this $15,000.00 is a portion of the previously mentioned $24,490.00 and is part of the Blackberry Creek Watershed Modeling. Mayor Prochaska suggested that the USGS should ask for the funding all at once. He asked Mr. Wywrot if there was any discussion about the study when they were preparing the budget and he stated that he was not sure. He indicated that Administrator Graff was handling the matter. The Committee decided that there would be no action taken on this matter at this time. Bruell Street Pump Station—Change Order#1 Bruell Street Forcemain & Sanitary Sewers—Change Order#1 Mr. Wywrot stated that there are two change orders needed. There is no change to cost but they are needed to extend the completion dates due to a delay in awarding the bids. Alderman Kot asked if the current work was on schedule and Mr. Wywrot stated that the project is moving along well. Alderman Kot asked if there have been any complaints from residents and Mr. Wywrot stated that there have been minor complaints about parking and some utilities that were accidentally cut. Page 5 of 7 These items will be placed on the May 4, 2004 COW meeting consent agenda. Raintree Village—ComEd Easements Mr. Wywrot reported that he has reviewed the easements and everything seems to be in order. Attorney Kramer still needs to complete his review. This item will be placed on the May 4, 2004 COW meeting consent agenda. Bid Schedules for 2004 Projects Mr. Wywrot stated that he has prepared a bid schedule for all the 2004 in-house projects. Mayor Prochaska asked if the portion of Cannonball Trail between Route 34 and John Street was included on the Cannonball Trail Roadway Improvement Project. Mr. Wywrot stated that it was not and that the portion of road is too far gone for crack filling or surface treatment. It is also not on the five-year road plan. Mayor Prochaska noted that due to the County buildings being in the area, the road is being used more than anticipated. He suggested that the County be contacted to see if they will contribute toward the repair of the road. Mr. Wywrot stated that there has been a poor response to the Public Sidewalk Repair Program this year. He stated that a sidewalk may be installed on Fox Road between State and Morgan and the diagonal sidewalks in Town Square Park may be done. Alderman Kot stated that Mr. Wywrot's memo indicated that there had been a good response. Mr. Wywrot noted that he copied the information from last year's memo and this was an error. Alderman Kot asked that if the response increases, would there still be funds to do the Fox Road sidewalk? Mr. Wywrot stated that there would still be funds. Alderman Kot suggested that if there are funds available, a sidewalk be installed on Somonauk for school use. Mr. Wywrot stated that Game Farm Road and Somonauk are scheduled to be repaired in the next five years and the sidewalk's replaced at that time. There was further discussion how to best use the extra funds left for this project. Mr. Wywrot noted that he submitted motor fuel tax (MFT) information to Illinois Department of Transportation last week and an MFT resolution needs to move on to the May 4, 2004 COW meeting. He noted that the funds will be used for Fox Hill Units 1, 2, 3, 4, and 6 as well as the Yorkville Business Center Units 1, 2, and 3. He stated that last year the bids were and if this was repeated this year, he would like to perform crack filling in Cimarron Ridge and in Sunflower. Alderman Besco questioned how effective reclamite is. Mr. Wywrot gave examples of streets that have been treated with this and stated that it holds up well. The committee approved the bid schedule and sent the MFT resolution on to the May 4, 2004 COW meeting consent agenda. Page 6 of 7 Bristol Ridge Road Reconstruction Mr. Wywrot reported on the bids for Bristol Ridge Road. The lowest bid was from Aurora Blacktop at$1,435,017.08. Alderman Sticka asked that since the bid came in so low, did this reduce the funds that MPI is giving the City. Mayor Prochaska clarified that MPI is giving a set amount of funds to use on roads so funds are still available to use on other roads in the Grande Reserve area. This item will be placed on the May 4, 2004 COW meeting consent agenda. Water Department Report for February 2004 The Committee reviewed the reports. Alderman Besco asked how the replacement of the meters was going. Director of Public Works Eric Dhuse stated that this was going well and that the Water Billing Clerk Judy Dyon sent cards out with the meter readers for residents to read the inside meters so comparisons could be made. Also discussed was that the first phase of Raintree Village was on line; it passed all the EPA samplings and now the drinking water is open to the system. The new well is not on line. ADDITIONAL BUSINESS Route 47 Water Main Mr. Wywrot reported on the bid opening for the Route 47 water main that will go up to the north tower. Seven bids were received with the lowest being from Neslund and Associates, Inc. for $737.021.15. The engineers estimate was $827,000.00. Mr. Wywrot noted that Neslund did the underground work for the River's Edge Subdivision and they worked well with the City. Both Mr. Wywrot and EEI recommend awarding them the bid. Alderman Besco questioned if the water tower will be fenced in and Mr. Dhuse stated that fencing was included in the bid. This item will be placed on the May 4, 2004 COW meeting consent agenda. West Main Street Mayor Prochaska reported that he was approached by a resident of West Main Street who asked if the far end of West Main Street could be repaired while the Bruell Street Project is in the area. Mr. Wywrot stated that this could be added to the in-town road project. The resident also asked if he could connect to the City sewer. Watermain Valve Specs Mayor Prochaska reported that a gentleman approached him inquiring what ever became of the water main specs. Mayor Prochaska explained that there is a PRV valve that is used and this person tried to sell a different valve to the city however it did not match the specs of the one currently used. It was questioned that the specs are sent too tight so no one else can equal the one being used. Mr. Dhuse explained that the valve is very specialized and only one manufacturer, Cla-Valve, had the valve at one time. Recently, another vender reversed engineered Cla-Valve's valve however the city is still using Cla- Valve's because they are already in the system and work well. Mr. Wywrot stated that the reversed engineered valve had for the most part identical specifications but there was Page 7 of 7 an intangible - service. There are no local representatives that could come out and service the specialty valve. Kylyn's Ridge Detention Pond Mayor Prochaska reported that he was told that the detention pond in Kylyn's Ridge was becoming marshy. Mr. Wywrot stated that there are three ponds in the subdivision and Mayor Prochaska clarified that it was the pond closest to Faxon Road. Mayor Prochaska asked Mr. Wywrot to contact the resident to discuss his concerns. Summer Work Alderman Kot asked that the fire hydrant by Mr. Schoenfeld's house be placed on the list of fire hydrants to be painted. Mr. Dhuse stated that he would do this. Yorkville Intermediate School Water Pressure Alderman Kot asked how the new school's water pressure problem was resolved. Mr. Wywrot stated that an RPZ valve was removed. He stated that this can be done on a domestic water service. The IEPA signed off because there is no safety issue. Greenbriar Pond Alderman Kot asked if there had been any complaints regarding the natural prairie grass planted around the pond at Greenbriar. Mr. Dhuse stated that the plantings were never done because there was no money in the budget. He thought that Scott Sleezer has it on his list for this summer. The cattails and other pond plants are naturally occurring plants. He stated that he would check into the status of the landscaping. Streets Alderman Sticka noted that he was recently in Hinsdale driving down a street with million dollar homes on it and it was worse than any street in Yorkville. He stated that Yorkville is doing better than Hinsdale with street repairs. Notices to Residents on West Main Mayor Prochaska noted that the residents on the end of West Main Street did not receive notices regarding the street and sewer work being done. Mr. Wywrot stated that he missed these homes. Mayor Prochaska asked to make sure everyone receives notifications in the future. There was no other additional business. The meeting was adjourned at 8:40 P.M. Minutes submitted by Jackie Milschewski, City Clerk UNITED CITY OF YORKVILLE To: Tony Graff, City Administr for From: Joe Wywrot, City Engineer Subject: Liberty Street Watermain— Change rder No. 1 Date: May 19, 2004 Attached find one copy of Change Order No. 1 for the referenced project. This change order, in the amount of a $43,110.30 increase, is the final balancing change order for this project. There are also several extra-work items that were added to the contract. Item Nos. 1 to 35 are adjustments to existing line items in the original contract. These were caused by a variety of reasons, such as minor changes in design or elimination of contingency items that we found were not necessary. Item Nos. 36 to 52 are for extra-work items. These are items that needed to be performed but were not anticipated in the original contract for reasons such as inaccurate records regarding existing utilities and design changes for which no work item existed. We discussed all of these changes at length with the contractor, and mutually agreed to the items and costs as listed. Back-up information justifying the costs exists for each extra-work item, but for the sake of brevity only a short description of each item is listed in the change order itself. I recommend that this change order be approved. Please place this item on the Public Works Committee agenda of May 24, 2004 for consideration. Cc: Liz D'Anna, Deputy City Clerk CHANGE ORDER Order No. 1 Date: May 17, 2004 Agreement Date: July 22, 2003 NAME OF PROJECT: Contract C.3 Liberty Street Water Main OWNER: United City of Yorkville CONTRACTOR: Vian Construction The following changes are hereby made to the CONTRACT DOCUMENTS: 1 . Addition to line item 1: Trench Backfill 167 CU. YD. @ $28.80 / CU. YD. $4,809.60 2. Addition to line item 2: Connection to Existing 16" Water Main 2 EACH @ $2,670.00 / EACH $5,340.00 3. Addition to line item 3: Watermain, 6-inch, D.I.P., Class 52 25 FOOT @ $40.00 / FOOT $1,000.00 4. Deduction from line item 5: Watermain, 12-inch, D.I.P., Class 52 16 FOOT @ $58.00 / FOOT ($928.00) 5. Addition to line item 6: Watermain, 16-inch, D.I.P, Class 52 30 FOOT @ $44.45 / FOOT $1,333.50 6. Addition to line item 7: Butterfly Valve and Valve Vault, 16" (Resilient Seat) in 60" Vault 1 EACH @ $2,890.00 / EACH $2,890.00 7. Addition to line item 9: Pressure Connection with Tapping Sleeve, And 8" Tapping Valve in 48" Vault 1 EACH @ $3,360.00 / EACH $3,360.00 8. Addition to line item 11: Line Stops, 8" 2 EACH @ $3,200.00 / EACH $6,400.00 9. Deduction from line item 12: Line Stops, 12" 1 EACH @ $4,800.00 / EACH ($4,800.00) CO-01 CHANGE ORDER NO. 1 Page 2 10. Addition to line item 13: Fire Hydrant Assembly, 6-inch MJ — 2 EACH © $2,190.00 LEACH $4,380.00 11. Addition to line item 14: Ductile Iron Fittings 1,855 POUND @ $3.15 / POUND $5,843.25 12. Deduction from line item 15: Bore and Jack 30-inch steel casing pipe 0.375-inch Wall Thickness 55 FOOT @ $495.00 / FOOT ($27,225.00) 13. Addition to line item 16: Water Service Connection 6 EACH © $275.00 / EACH $1,650.00 14. Addition to line item 17: Water Service Pipe, 1-inch Type K Copper 168 FOOT @ $35.00 / FOOT $5,880.00 15. Addition to line item 18: Water Service Pipe, 2-inch Type K Copper 17 FOOT @ $40.00 / FOOT $680.00 16. Deduction from line item 19: Foundation Material 500 FOOT @ $17.00 / FOOT ($8,500.00) 17. Deduction from line item 20: Trench Exploration to Located Existing Services 50 FOOT @ $20.00 I FOOT ($1,000.00) 18. Deduction from line item 22: Driveway Pavement Removal 94 SQ. YD. @ $9.00 / SQ. YD. ($846.00) 19. Deduction from line item 23: Portland Cement Concrete Driveway Pavement, 6" 94 SQ. YD. @ $7.00 / SQ. YD. ($658.00) 20. Addition to line item 25: Sidewalk Removal 579 SQ. FT. @ $1.00 / SQ. FT. $579.00 21. Addition to line item 26: Portland Cement Concrete Sidewalk, 5" 529 SQ. FT. @ $4.20 / SQ. FT. $2,221.80 22. Addition to line item 27: Combination Curb and Gutter Removal 66 FOOT @ $5.00 / FOOT $330.00 CO-02 CHANGE ORDER NO. 1 Page 3 -- 23. Addition to line item 28: Combination Concrete Curb and Gutter, — Type B-6.12 66 FOOT @ $16.00 / FOOT $1,056.00 24. Addition to line item 30: Pavement Replacement 350 SQ. YD. © $27.00 / FOOT $9,450.00 25. Addition to line item 32: Storm Sewer Removal 69 FOOT @ $8.00 / FOOT $552.00 26. Deduction from line item 33: Storm Sewers, Class 52, 6" 15 FOOT @ $28.00 / FOOT ($420.00) 27. Deduction from line item 34: Storm Sewers, Rubber Gasket, Class A, Type 2, 12" 22 FOOT @ $29.00 / FOOT ($638.00) 28. Deduction from line item 38: Valve Box Removal 1 EACH @ $150.00 / EACH ($150.00) 29. Addition to line item 40: Fire Hydrant Removal 2 EACH @ $150.00 / EACH $300.00 30. Deduction from line item 43: Tree Removal, 6-15 Unit Diameter 6 EACH © $35.00 / EACH ($210.00) 31. Deduction from line item 44: Street Light Wire Repair 10 EACH @ $600.00 / EACH ($6,000.00) 32. Deduction from line item 45: Sanitary Sewer Service Repair 12 EACH @ $120.00 / EACH ($1,440.00) 33. Deduction from line item 46: Timber Retaining Wall Removal And Replacement 18 FOOT @ $5.00 / FOOT ($90.00) 34. Deduction from line item 48: Tree, Acer Saccarum (Sugar Maple), 3" Caliper, Balled and Burlapped 1 EACH © $700.00 / EACH ($700.00) 35. Addition to line item 49: Restoration 525 SY @ $3.00 / SY $1,575.00 CO-03 CHANGE ORDER NO. 1 Page 4 36. Extra: Return of Bore & Jack Material due to plan change — Restocking — Charge LUMP SUM @ $5,761.18 $5,761.18 37. Extra: 15" Storm Sewer Replaced with 16" DIP LUMP SUM @ $1 ,633.39 $1 ,633.39 38. Extra: Abandonment of Existing WM at Somonauk LUMP SUM @ $1,258.83 $1,258.83 39. Extra: 212 Liberty — Hit & Repair of Unmarked WM Service LUMP SUM @ $1,211.09 $1,211.09 40. Extra: 15" Storm Sewer Replaced with 16" DIP LUMP SUM © $1 ,812.69 $1,812.69 41. Extra: Center Street— Installed 32" Barrel Section In Order To Maintain 5.5' Coverage LUMP SUM @ $225.00 $225.00 42. Extra: Spring Street— Installed 48" x 24" Barrel Section In Order To Maintain 5.5' Coverage LUMP SUM @ $370.00 $370.00 43. Extra: Equipment Parked On Liberty Due To Utility Poles Not Yet Moved 5 DAYS © $1,400.00 / DAY $7,000.00 44. Extra: Installed 16" x 16" Sleeve To Interconnect WM at Main St. 1.25 CREW HOURS @ $719.75 / CREW HOUR $899.69 45. Extra: Not Able To Locate Church B-box, Replaced Three (3) Storm Lines / Conduit LUMP SUM @ $2,223.73 $2,223.73 46. Extra: NE Connection of Spring St. — Mislocated WM by City LUMP SUM @ $2,558.02 $2,558.02 47. Extra: Walnut & Freemont Abandoned 6" Valve From 12" x 6" Tee Through The Road Instead Of the Parkway Area LUMP SUM @ $2,519.13 $2,519.13 CO-04 CHANGE ORDER NO. 1 Page 5 48. Extra: 2" Water Service Connection — LUMP SUM © $1,100.40 $1,100.40 49. Extra: Cold Patch Asphalt 126 SY @ $27.00 / SY $3,402.00 50. Extra: Water Service Connection Without B-box 5 EACH @ $240.00 / EACH $1,200.00 51 . Extra: Storm Sewer PVC C-900, 12" 96 FOOT @ $35.00 / FOOT $3,360.00 52. Extra: Storm Sewer Class 52, 12" 10 FOOT © $55.00 / FOOT $550.00 Change of CONTRACT PRICE: Original CONTRACT PRICE: $399,513.60 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $399,513.60 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by: $43,110.30 The new CONTRACT PRICE including this CHANGE ORDER will be: $442,623.90 JUSTIFICATION 1. Field conditions 2. Two 12" interconnections at Walnut paid for at unit price for 16" connections, in lieu of time and material 3 - 5. Field conditions 6. Design change at Freemont / Elm based on field conditions 7. Design change at Freemont / Elm based on field conditions, paid for two interconnections to existing 8" WM. CO-05 CHANGE ORDER NO. 1 Page 6 -- 8.- 10. Field conditions 11. Design changes based on field conditions 12. Design change based on field conditions 13. — 32. Field Conditions 33. Only removed timber retaining wall 34. Field Conditions 35. Restoration required due to additional storm sewer, utility poles, etc. 36. Vian had to return material due to a design change based on field conditions for connection at Freemont /Walnut 37. Field Conditions 38. Existing water main had to be cut through in order to proceed with new water main 39. Vian progress delayed due to hit of unmarked water service 40. Field Conditions 41. Pay for extra material for depth change of valve vault 42. Pay for extra material for depth change of valve vault 43. Vian delayed due to delay of utility pole removal and relocation 44. Sleeved connection necessary due to utility poles being in way of construction 45. Field Conditions 46. Vian delayed by mislocated existing water main 47. Abandonment location changed due to connection design change based on field conditions at Freemont/Walnut 48. Existing service to church was 2" instead of 1" 49. Cold patch installed along Liberty and at Spring & Somonauk per City request CO-06 G:\Public\Yorkville\2001\YO0110 Contract C.3-Liberty Street Finished WM\Doc\chgorder0l.doc CHANGE ORDER NO. 1 Page 7 • 50. Extra service connections were made where existing b-box remained. 51. — 52. Field Conditions Change to CONTRACT TIME: NONE Approvals Required: To be effective this order must be approved by the federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: Vian Construction Recommended by: „ Engineering Enterprises, Inc. Accepted by: United City of Yorkville CO-07 G:\Public\Yorkville\20011YO0110 Contract C.3-Liberty Street Finished WM\Doc\chgorder0l.doc M. 1 CITY OF YORKVILLE 0tf'J'T , i# WATER DEPARTMENT REPORT Ji', ' MONTH March 2004 — WELLS WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE NO. (FEET) (FEET) PUMP (FEET) (MILLION GALLONS) 3 1335 403 127 14.796 4 1393 542 159 15.645 TOTAL 30.441 ES CURRENT MONTH'S PUMPAGE IS 4,561,000 GALLONS MORE THAN LAST MONTH ❑ LESS E MORE 7,014,000 GALLONS LESS THAN THIS MONTH LAST YEAR l DAILY AVERAGE PUMPED: 981 ,908 GALLONS DAILY MAXIMUM PUMPED: 1,253,000 GALLONS DAILY AVERAGE PER CAPITA USE: 1(19 GALLONS WATER TREATMENT CHLORINE FED: 484 LBS. CALCULATED CONCENTRATION: 1.9 MG/L FLUORIDE FED: 3Pi3 LBS. CALCULATED CONCENTRATION: 0_27 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9'.) SATISFACTORY UNSATISFACTORY (EXPLAIN FLUORIDE : 2 SAMPLE(S) TAKEN CONCENTRATION : 0.98 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 10 . NUMBER OF LEAKS OR BREAKS REPAIRED: 0 NEW CUSTOMERS RESIDENTIAL 22 COMMERCIAL 2 INDUSTRIAL/GOVERNMENTAL COMMENTS Phase 1 of Windett Ridge put on line. New c12 Booster pump installed at well 3 A CITY OF YORKVILLE VfIVT WATER DEPARTMENT REPORT __ NI ti -43,-- MONTH April 200 WELLS WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE NO. (FEET) (FEET) PUMP {FEET) (MILLION GALLONS) 3 1335 403 120 15_61r 4 1393 542 150 19. 135 TOTAL 33.738 / 297,00 � MORE , CURRENT MONTH'S PUMPAGE IS Q ALLONS THAN LAST MONTH ❑ LESS 7,863,OOQ3ALLONS MORE THAN THIS MONTH LAST YEAR ❑ LESS DAILY AVERAGE PUMPED: 1,157,934 GALLONS DAILY MAXIMUM PUMPED: 1,493,000 GALLONS DAILY AVERAGE PER CAPITA USE: 129 GALLONS WATER TREATMENT CHLORINE FED: 579 LBS. CALCULATED CONCENTRATION: 2.0 MG/L FLUORIDE FED: 403 LBS. CALCULATED CONCENTRATION: 0.25MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY (EXPLAIN FLUORIDE : 2 SAMPLE(S) TAKEN CONCENTRATION : .96 MG/L MAINTENANCE ' NUMBER OF METERS REPLACED: 9 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 NEW CUSTOMERS RESIDENTIAL 11 COMMERCIAL INDUSTRIAL/GOVERNMENTAL COMMENTS Main break(S. Bridge &Orange ) 100,000 gallons lost. All Hydrants flushed and operating correctly . Windett Ridge phase 2 & 3 .and Raintree phase 1 put on line UNITED CITY OF YORKVILLE To: Tony Graff, City Administr or From: Joe Wywrot, City Engineer Subject: Savitski Property—Letter of redit Date: May 12, 2004 This property has been very slow to complete the site improvements. The letter of credit has been extended twice in the past, and it is currently due to expire on June 30, 2004. The property owner has actually begun the remaining sitework, but it is not yet complete. In order to protect our interests, we should begin the process of calling the letter of credit in case it is not extended again. I spoke with Mrs. Savitski today and asked that she extend the letter of credit to June 30, 2005. She said that she would call the bank tomorrow and begin that process. Please place this item on the Public Works Committee genda of May 24, 2004 fo consideration. e/X aA-e-137W'Y d' Cc: Dan Kramer, City Attorney Liz D'Anna, Deputy City Clerk UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer Subject: Well#7 Well House& Treatment Facility— Change Order#1 Date: May 12, 2004 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of a$5,202.93 increase, is for installing two chart recorders, changing the location of an electrical cabinet, and increasing the size of the water service. Please refer to the attached letter from EEI for detailed information. Please place this change ordererrhe Public Works Committee agenda of May 24, 200f consideration. Cc: Liz D'Anna, Deputy City Clerk • 974 - 2004 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 FAX: 630 / 466-9380 fir _ Engineering Enterprises, w w w.e e i w e b.ct m Inc. 30 YEARS OF EXCELLENCE May 5, 2004 Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Contract C.7 -Water Well No. 7 Well House and Treatment Facility United City of Yorkville Kendall County, Illinois Dear Mr. Wywrot: Please find enclosed three copies of Change Order No. 1 for the above referenced project. As discussed, the Change Order includes provision for the contractor to furnish and install two flow chart recorders, relocate the electrical CT cabinet and meter, and furnish and install a 1-1/2" water service line and RPZ in lieu of the 1" specified. The two chart recorders will allow the flow from the influent and effluent meters to be continuously recorded and thereby will assist the water operators in daily plant operation. The electrical CT cabinet and meter was elected to be relocated closer to other exterior electrical equipment thus reducing the cost for the installation of this equipment. Finally, additional analysis on the water service sizing determined that a 1-1/2" water service would be appropriate to provide adequate flow and pressure to the fixtures connected to the domestic water service in the Water Treatment Facility. Upon review and City action of the Change Order, please have the appropriate City official sign the Change Order in the location identified and return two sets to my attention. If you have any questions or comments with regard to this matter, please do not hesitate to call me at 630/466-9350. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Timothy P. Farrell, P.E. Project Manager TPF/me Enclosure pc: JWF — EEI G:\Public\Yorkville\2003\Y00311 Contract C.7 Well No. 7 Well House&Treatment Facility\Construction\Doc\lcofyo0l.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying CHANGE ORDER Order No.: 1 Date: April 12, 2004 Agreement Date: December 26, 2003 _ NAME OF PROJECT: Well No. 7 Well House and Treatment Facility OWNER: United City of Yorkville CONTRACTOR: Poulos Construction Company The following changes are hereby made to the CONTRACT DOCUMENTS: ➢ Furnish and install two chart recorders to record the influent and effluent flow from the Water Treatment Facility(Add $6,244.50). ➢ Relocate the CT cabinet and meter to the proposed step up transformer pad. Includes all trenching, conduit, cables, wire and increasing step up transformer pad size (Deduct $2,310.00) ➢ Furnish and install 11/2" water service line and RPZ in lieu of the 1" water service and RPZ called for in the Contract Documents (Add $1,268.43). Justification: ➢ The chart recorders will assist the water operators with accurate documentation of daily flow totals and trends. ➢ The revised location of the CT cabinet will keep all of the exterior switch gear in close proximity thereby reducing installation costs. • The increase in service size from 1" to 1 1/2" will help maintain flow rates necessary for consistent domestic water service to the Water Treatment Facility. Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 1,655,000.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 0.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ 5,202.93 The new CONTRACT PRICE including this CHANGE ORDER will be $ 1 660,202.93 CO-01 CHANGE ORDER Page 2 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 0 calendar days. The date for completion of all work will be October 14, 2004. Approvals Required: To be effective this order must be approved by the agency if it changes the scope or objective of the PROJECT, or as may otherwise be requir by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: c`l Poulos Construction Company Recommended by: En.ineerin. Enter rises Inc. Accepted by: United City of Yorkville CO-02 POULOS INC CONSTRUCTION COMPANY CHANGE ORDER REQUEST Project: Well No. 7 Well House and Treatment Facility COR#: 1 "- To: Engineering Enterprises, Inc. Date: 02/16/04 Attn: Timothy Farrell, P.E. Poulos Inc. Construction Company is directed to proceed with the following work which represents a change or changes in the work as described by the contract documents: DESCRIPTION: Provide two additional chart recorders as per the attached. The performance of the work described requires a cost adjustment to the contract as follows: Subcontractor Cost OH & P Total Cost Gasvoda & Associates, Inc. $ 3,910.00 15.00% $ 4,496,50 Morse Electric, Inc. 1,520.00 15.00% $ 1,748.00 $ 6,244.50 -` The time estimated to be required for the work to be accomplished upon acceptance: NOTE: Field work will be affected. Yes J No Time extension is required to perform work. Yes (/ No These revisions affect certain long lead items. Yes 1/ No Project schedule critical path delay [days]: FOR POULOS INC. CONSTRUCTION CO. BY: Poulos Inc Construction Company is hereby authorized and directed to proceed with the work as described above at the cost indicated. The time required for performance of the contract for construction will be extended by days ACCEPTED BY: DATE: Project Architect ACCEPTED BY: DATE: Owner Representative POULOS CONSTRUCTION COMPANY 735 South Laramie Avenue Chicago, Illinois 60644-5224 Phone: (773) 626-8600 Fax: (773) 626-8646 E-mail:admin@poulosconstruction.com Web:www.poulosconstruction.com A Gasvoda & Associates, Inc. Phone: (708)-891-4400 Fax : 708-891-5786 Email: is eaneyggasvoda.com Fax TRANSMITTAL To: Lloyd Castleman/Poulos Construction Fax# 773-626-8646 Re: Yorkville Well No, 7 Well House and Treatment Facility Change order pricing to add chart recorders Date: February 16, 2004 Pages 1, including this cover page Dear Lloyd, Per your request for pricing to add two (2) Sparling Chart Recorders Model RR770 for the Sparling Meters as referenced as 3A and 3B,pricing for change order is as follows: Qty 2 Sparling Model RR770 single pen chart recorders complete with start-up and programming services by Tonka Equipment Company. Each recorder will include one box of start-up charts consisting of 25 charts for 7 day or24hour use. S 1955.00 each x 2 Total investment S 3910.00 We will not order the recorders without a formal Purchase Order. The Purchase order should be written out to: Tonka Equipment Company c/o Gasvoda& Associates, Inc. If you should have any questions, comments, or require additional information, please feel free to give me a call at 708-891-4400. Thank you for your consideration. Sincerely, John T. Greaney Gasvoda&Associates, Inc. ♦., y y r r V v a u 1 V n 11,1 V 1 1111 V.V r v r IV v V ll1 V 11 U L 1.41J1.41./ l u 11 11I/ L V V �;J V V L/ V V L 4. COVER FAX Electric, Inc. SHEET l _. Freeport/Rockford/Dubuque DATE: February 5, 2004 From the Desk of... To: Poulos Construction Company KEITH NELSON ATTN: Lloyd Castleman 4560 SHEPHERD TRAIL FAX: 773-626-8646 ROCKFORD, IL 61103 SUBJECT: Yorkville W i r 815.637.8000 - Ext. 321 FAX: 815.282.4889 PAGES: 3 Pages, including this cover sheet Per your request, please note the following change on the above referenced project per your fax dated February 3, 2004. Please note the following clarifications to our price: • Furnish conduit, wire and connections for the installation of two chart recorders. We assume the two chart recorders and programming are furnished by others and mounted by Morse Electric. TOTAL COST: $1,520.00 Thank you for the opportunity to work with you on this project. Please call our office if you have any questions or if you need additional information. POULOS INC CONSTRUCTION COMPANY CHANGE ORDER REQUEST Project: Well No. 7 Well House and Treatment Facility COR#: 2 To: Engineering Enterprises, Inc. Date: 02/25/04 Attn: Timothy Farrell, P.E. Poulos Inc. Construction Company is directed to proceed with the following work which represents a change or changes in the work as described by the contract documents: DESCRIPTION: Relocate the CT/meter base as per the attached. The performance of the work described requires a cost adjustment to the contract as follows: Subcontractor Cost OH & P Total Cost Morse Electric $ (2,310.00) 0.00% $ (2,310.00) The time estimated to be required for the work to be accomplished upon acceptance: NOTE: Field work will be affected. Yes No Time extension is required to perform work. Yes No These revisions affect certain long lead items. Yes _ No Project schedule critical path delay [days]: FOR POULOS INC. CONSTRUCTION CO. BY: Poulos Inc Construction Company is hereby authorized and directed to proceed with the work as described above at the cost indicated. The time required for performance of the contract for construction will be extended by days ACCEPTED BY: DATE: Project Architect ACCEPTED BY: DATE: Owner Representative POULOS CONSTRUCTION COMPANY 735 South Laramie Avenue Chicago, Illinois 60644-5224 Phone: (773) 626-8600 Fax: (773) 626-8646 E-mail:admin@poulosconstruction.com Web:www.poulosconstruction.com A COVER FAX Electric, inc. SHEET Freeport/Rockford/Dubuque DATE: February 24, 2004 From the Desk of... To: Poulos, Inc. KEITH NELSON ATT: Mr. Lloyd Castleman 4560 SHEPHERD TRAIL FAX: 773-626-8646 ROCKFORD, IL 61103 SUBJECT: Yorkville WTP 815.637.8000 -ExT. 321 FAX: 815282.4889 PAGES: 3 Pages, including this cover sheet Please note the following change on the above referenced project: • Relocate the CT/meter base to the West side of the building. DEDUCT ($2,310.00) Thank you for the opportunity to work with you on this project. Please call our office if you have any questions or if you need additional information_ 62143Y. Morse Electric, Inc. JOB: 745 Mat-Hid La100142 TARE-OFF PARTS SUMMARIZED BY COST COPE YOR.XVILLE WTP 09-29-03 02-26-04 7;50 Pg: 1 POULOS CONSTRUCTION -- LAHOR MATERIAL PART NUMBER DESCRIPTI 0 N COUNT W.I.' HOURS i TTL UNIT EXTENDED 1 TTL Account Codc: 24 - RIGID 1.25" (*) 11101000209 4" CRC IN TRENCH -80 648,110 C -518.48 61.5 SUbtotaln RIGID 1.25" (t) 518.48 61.5: Account Code: 48 - HIGH VOLTAGE CARL$ 542 NON SHLD HV CABLE 9/0 -240 1.250 E -300.00 35,6 subtotal: RICH VOLTAGE CABLE -300.00 35.61: Account Code: 68 - TRENCHING 99122000001 MACHYN,, DUG MEDIUM TRENCH -80 .300 B -24.00 2,8 Subtotal: TRENCHINO -24.00 2.8'. Total: -22.90 100.09 -842.49 100.04 Morse Electric, Inc. JOB: 746 Mat=S.d Lab=aid * * COST CODE S U M MAR Y * * YORKVILLE WTP 09-29-03 02-24-04 7:50 Pg: 1 POULOS CONSTRUCTION c mma a. TAKE-OFF ITEMS -- LABOR -- MATERIAL HOURS COST NET COST TAX GROSS M/IIP 24 RIGID 1.25" (t) -16.50 -1,056.00 -518.49 -518.49 1.00 48 HIGH VOLTAGE CABLE -4,80 -307.20 -300.00 -300.00 1.00 68 TRENCHING -1.60 -102.40 -24.00 -24.00 1.00 TOTAL TAKE-OFF ITEMS: -22.90 -1,465.60 -842.49 -842.49 1.00 TOTAL COST: -2,308.09 -2,308.09 TOTAL OVERHEAD: 1.00 TOTAL PROFIT: 1.00 TOTAL SELLING PRICE: -2,308.09 • POULOS INC CONSTRUCTION COMPANY CHANGE ORDER REQUEST Project: Well No. 7 Well House and Treatment Facility COR4: 4 - To: Engineering Enterprises, Inc. Date: 03/17/04 T Attn: Timothy Farrell, P.E. Poulos Inc. Construction Company is directed to proceed with the following work which represents a change or changes in the work as described by the contract documents: DESCRIPTION: Provide 1 1/2" service line and RPZ as per the attached. The performance of the work described requires a cost adjustment to the contract as follows: Subcontractor Cost OH& P Total Cost C. Kinell Excavating $ 123.53 15.00% $ 142.06 William A. Pope Co. 979.45 15.00% $ 1,126.37 $ 1,268.43 The time estimated to be required for the work to be accomplished upon acceptance: NOTE: Field work will be affected. Yes No Time extension is required to perform work. Yes No These revisions affect certain long lead items. Yes No Project schedule critical path delay {days]: FOR POULOS INC. CONSTRUCTION CO. BY: Poulos Inc Construction Company is hereby authorized and directed to proceed with the work as described above at the cost indicated. The time required for performance of the contract for construction will be extended by days ACCEPTED BY: DATE: Project Architect ACCEPTED BY: DATE: Owner Representative POULOS CONSTRUCTION COMPANY 735 South Laramie Avenue Chicago, Illinois 60644-5224 Phone: (773) 626-8600 Fax: (773) 626-8646 E-mail:admin@poulosconstruction.com Web:www.poulosconstruction.com A 111 MECHANICAL WILLIAM A. POPE COMPANY V!- '' SERVING THE INDUSTRY SINCE 1872 PIPING 1024 LUNT AVENUE • SCHAUMBURG, ILLINOIS 60193 411. CONTRACTORS (847) 524-7990 • FAX: (847) 524-1846 March 12, 2004 Poulos Construction Company 735 South Laramie Avenue Chicago, IL 60644-5224 ATTENTION: Lloyd Castleman REFERENCE: Yorkville Well#7 Sir, We offer for your approval our Proposal to increase the pipe size of the RPZ back flow preventor, valves, strainer and related piping to 1-1/2". The 1-1/2" service into the building is excluded. Cost Break Down: 1-1/2" RPZ, Valves & Piping $830.97 Credit 1" RPZ & Strainer <$161.88> Material Cost Differential $669.09 Oh & P $100.36 Additional Field Labor to install 1 —1/2" vs 1" piping 3 hours at $70.00 per hour $210.00 Total Additional Cost 5979.45 Note the 1" piping is in our stock, the 1-1/2" will need to be purchased at a escalated price, as you know material cost is going up quickly. We will need a quick response in order to maintain pricing. (See attached quotes) We offer our Proposal based on furnishing watts 009MZQT-S 1-1/2" back flow preventor w/strainer and 909AG-C air gap. Submittal infoinlation in your hands. Sincerely, WILLIAM A. POPE COMPANY Joe Rocha Project Manager JR/nm Enclosed: Columbia Quotes CC:ACF/CF/JR )m: COLUMBIA PIPE 3 SU To: 8475241846 JOE ROCHA-- Msg#573370.0.1 03/11/2004 16:59:00 Page 2 of 3 QUOTATION am COLUMBIA PIPE & SUPPLY CO. Quote 595941 INDUSTRIAL SEGMENT Log # Phone (888)361-4700 Page 1 Ent By ROD — Salesrep:Salesrep: RODNEY ELLIS Sls # 015 Phone (888) 361-4700 WM. A. POPE COMPANY 847-524-7990 Entered 3/11/04 1024 LUNT AVE Printed 0/00/00 SCHAUMBURG IL 60193 4419 Attn: JOE ROCHA .p to WM. A. POPE COMPANY Via OUR TRUCK 1024 LUNT AVENUE Terms 1% 10TH PROX NET 30 SCHAUMBURG IL 60193 > Info COPPER ASE NOTE: .umbia Pipe & Supply Co . proposes to furnish the following described products : Description Quantity U/M Net Each Ext Amt ORDER CONTACT: JOE ROCHA WATTS 909M1QT-S 1-1/2 BCKFLW PREVNT 1 EA 577 .10 577 .10 W/STRAINERS 38572 WATTS 909-AG-F AIR GAP FOR 1 EA 23 .81 23 .81 1-1/4 TO 2 009M1 ,1-1/4 TO 3 009/909 1-1/2 TYPE L HARD COPPER TUBING 20 FT 3 .49 69 .80 1-1/2 WROT CXC 90 ELL 607 1 EA 4 .52 4 .52 ACR 1-5/8 OD 1-1/2 CXC UNION 733 2 EA 18.46 36 . 92 1-1/2X1 WROT CXCXC TEE 611-R 1 EA 7 .31 7 .31 1-1/2X1 WROT FTGXC FLUSH BUSH W1751 1 EA 3 . 80 3 . 80 1-1/2 WROT CXMIP ADAPTER 604 4 EA 5 .65 22 .60 NIBCO 1-1/2 S-111 GATE VALVE 125 RS 1 EA 36 .75 36 .75 KECKLEY 1-1/2 BRONZE Y STR SWEAT 1 EA 48 .36 48 .36 150 E W/20 MESH DELV: STOCK SUBJECT TO PRIOR SALE This quote is continued on the next page m: COLUMBIA PIPE&SU To:8475241846 JOE ROCHA— Msg#573370.0.1 03/11,2004 16:59:00 Page 3 of 3 595941 QUOTATIO N Page 2 Description Quantity U/M Net Each Ext Amt THANKS, RODNEY MATERIAL TOTAL - 830 . 97 td Q./ 2/4 r\-7 iarranties other than those offered by the manufacturers are included. TO THE CURRENT MARKET CONDITIONS, PRICE AND AVAILABILITY ARE SUBJECT TO THE US AND CONDITIONS OF THE MANUFACTURER(S) AT THE TIME OF SHIPMENT. ik you- - -: =-G3 , c : 1C...a;!7) 10 /1 I ; 2.00 co::ct-731 .- ' 563878 QUOTATION Page 2 >cription Quantity U/M Net Each Ext Amt PVC-DWV CPLG HXH 102 13 EA 2 . 56 33 .28 X20 PVC-DWV SCH 40 PIPE 40 FT 1 .22 48 . 80 TYPE L HARD COPPER TUBING 180 FT 1 . 12 201 .60 WROT CXC 90 ELL 607 20 EA .42 8 .40 7/8 OD WROT CXC 90 ELL 607 80 EA .19 15 .20 . 5/8 OD WROT CXC 90 ELL 607 14 EA 1 . 06 14 . 84 1-1/8 OD WROT CXC 90 ELL 607 20 EA . 42 8 . 40 7/8 OD WROT CXC 90 ELL 607 20 EA .19 3 . 80 5/8 OD WROT CXCXC TEE 611 2 EA 2 .42 4 . 84 1-1/8 OD /4 WROT CXCXC TEE 611-R 2 EA 2 . 56 5 . 12 1-1/8X7/8 OD /2 WROT CXCXC TEE 611-R 2 EA 2 .56 5 . 12 1-1/8X5/8 OD • WROT CXCXC TEE 611 6 EA .79 4 .74 7/8 OD WROT CXCXC TEE 611 6 EA . 33 1 . 98 5 /8 OD S 3001 FX CXFIP 4 EA 4 .71 18 . 84 .ECTRIC UNION 38--1 - . i i - : - . -- - t--EA 4,1-9 -tel` N N/ O 3/4 S-FP600 FP BALL VALVE 0 x EA 2 . 78 Er-756 tiv :LEY 1 BRONZE Y STR SWEAT 1 EA 16 . 05 16 . 05 ✓ E W/20 MESH 3 -1/2 PRES GAUGE 1/4LM t I A' EA 6 . 48 z ✓ 8 LOWER MT. 16853 Z y (- 4‘---k l Co ?5 6 41-380-01 TH DOUBLE FEMALE A EA 3 . 471.3"43 ✓ COCK CP (#38, �p ✓ II 54(a s r 1 This quote is continued on the next page ri1 ulgt bt;ittvicEpicto bULUTIOINIS gm -i 11 , f PIPE-VALVES-HT-OROS-PLUMBING-HYDRONIC5-HVAC ACKNOWLEDGEMENT c 1170 WEST PERSHIN :iiG ROAD CHIC:AGO IL 60609 ( 773 ) 927- 6600 * PiI:ATE * , CUSTOMER NUMBER REQUESTED SHIP DATE SLMN/REON TAKEN BY PAGE NO TAX STATUS • . TERMS 411450 0/00/0C 015/01 DDT 2 6 . 750 1% 10TH PROX NET 30 0565077 2/17/0,,, P4 CUSTOMER PURCHASE ORDER REFERENCE • :; C/P JOB NO. I , • • SHIP VIA - ;y,WDA-WtHIF7Ep,"% YORKVILLE WELL #7 I OUR TRUCK * * FUTURE * * dr WM , A . POPE COMPANY YORKVILLE WELL #7 ir s 1 1024 LUNT AVE .. H * *ADDRESS TO FOLLOW* * *DELIVERY* L p ATTU : JOE ROCHA -.._. r r YORKVILLE IL -• .g- 1 I ' 2- SCHAUMBURG IL 6 0 1 9 3 4419 0 - / (7) BIN NUMBER 1 : ,H :,, . , DESCRIPTION , .: : UNIT 8H1rEITArEr6' ' °sYtriprav, . . PRICE , DISCOUNT NET AMOUNTN 162721 FIAT MSG 2424 SS WALL GUARD - 2/SET EA 1 88 . 48 00 88 . 48 D R141° D52 L 1.-..,1 , - ':..1 .; -,-, , .. ..':'`,.-:)•9'.L'tt.'..,.' 4 ''1-' -.. ..(.,. .':..,;‘ :.),!...S,'i.,'p'..:X::;VI; ,,.. 4r1.‘.°-'..,. ., ,-.2 ;,.!, '.' :',•', ,"'-.., . •1'-'1'1;Vii.'40,T .:'. i:'.:: :. '''- -' 1 12070 liai,, ,', ';.:'1- Lt4.I:A-T-ziEt 3,t:4CA SE'','-A N EY-4A t L'.:-.B R K •C0MB'. 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'..e.•.;.:!.rHi,::: :,-J.....-, , :..,:-z,:::!,.:: _L,1 ,, .:„.. ,.,.:..,_,.........,, f" 16236 WATTS777=7"--7-717 1 3 P FT T E 1 n,-—I EA ---7 1 274 . 9 3 00 2.;74 . 93, 11R0913- 031C W./STRAINERS 6 3 0 1 1 *.- ,: Z;;./•7:00.{Ittl4t.41.7r.-7,,Ita-,%74.. 1W - . r,',,,'.•,,- y,•,^, ; : . "7"--,-----,::•,''' •:,.: ' ..''' , ',', •WEIGHT ; ' '7Li .': OtA 1.i,,;'71:::,'73N:1,;17e..gr,l'A'' ... , 'ACKER',,; NO., PKGS. - .,,'V,:•:1f,i6,-,,DESCRIPTION.,. ,: f .' WEIGHT: NO. PKGS, -:';7:n.-- DESCRIPTION,',. .,,•, ,.. .„ r-.) NO.PKGS. DESCRIPTION WEIGHT ) ,\,;r•-- - _ , !!) THI5 ORDER IS CONTINUED ON THE. NEXT PACE mi. Quotation Quote Number: 'V:14 r.8: 772A AN ' t Quote Date: ER Mar 11, 2004 1500 E. Mountain, Aurora, Illinois 60505 Page: TE666a 1- 500 FAX: (630) 851-4519 1 Poulos, Inc. Job: Well No. 7 Well House 735 S. Laramie Ave. Attn: Lloyd Chicago, IL 60644-5224 From: Derek Yorkville, IL Customer ID Good Thru Payment Terms Sales Rep pou0001 4/10/04 Net 30 Days 01 • Quantity Item Description I Unit Price Extension 60.00 kcop-112x60 1-1/2 x 60'type k copper 3.45 207.00 ire_ i { �II I a I i &)(-1 & ,th/ 1 Subtotal 207.00 Sales Tax 15.53 I Total 222.53 1 , U . . Quotation Si }ui `. Quote Number. �.g 613A Sica - t AN +[ .-* F -,, Quote Date: x-4 .:: R Fe) 3, 2004 - 1500 E. Mountain, Aurora, Illinois 60505 Page: Uta tot-46°0 FAX: (630)851-4619 1 bidding contractors Job: W ll No. 7 Well House POULES INC. ATTN: Lloyd Yorkville_ IL {', _ /037-291 Customer ID 1 Good Thru Payment Terms '* R` Sales Rep t bidding contractors j 34104 Net 30 Days 'y Quantity Item Description Unit Price Extensi m 1.00 MEMO: WATERMAIN 80.00 dip-c152212 12 c152 ductile iron push It 19.29 1,t 4320 100.00 dip-c152p10 10 cl52 ductile iron push # 15.28 1,I 28.00 1.00 viv-mjrwl0 10 mj rwvaive (CLOW) W/ MEGA 893.00 E 93.00 LUG ACC 1.00 viv-mjrwl2 12 mi rw valve (CLOW) W/MEGA 1,128.00 1,128.00 LUG ACC 2.00 vbcb-trench#6 valve box 6 trench adapter125.00 2 50.00 2.00 hyd-rned6mj medallion 6 hydrant mj W/Clow 1,660.00 3,3 20.00 Valve,Trench Adapter &MEGA'S, 358.00 LBS OF FITTINGS W/ MEGA"S 2.65 9.x.70 60.00 kcop-1x60 1x60'type k copper 1.65 99.00 1.00 MEMO: SANITARY 104.00 pvcp-2630346 6 sdr- 26/3034 hw pvc pipe 1.80 1 X20 460.00 pvcp-2630348 8 sdr-2613034 hw pvc pipe 2.90 1,33 4.00 1.00 MEMO: STORM 140.00 p:fcp-n128 8 n-12 solid pipe 2.46 314.40 - - I UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer Subject: Grande Reserve—Corn Ed E men Date: May 18, 2004 Attached find one copy each to two proposed easements across the Commonwealth Edison ROW that runs along the north side of the BNRR tracks. The first easement (Parcel 20) is for an 8" watermain proposed along the east side of Kennedy Road. The second easement (Parcel 21) is for a 16" watermain proposed to extend north from the water tower to Mill Road. Please place these easements on the Public Works Committee agenda of May 24, 2004 for consideration. Cc: Dan Kramer, City Administrator Liz D'Anna, Deputy City Clerk Edn Commonwealth Edison Company www.exeloncorp.com An Exelon Company Three Lincoln Centre Oakbrook Terrace,IL 60181-4260 Mr Joseph Wywrot P.E City Engineer United City of Yorkville 800 Game Farm Rd Yorkville, IL 60560 Mr Wywrot: Enclosed are the revised easements ( per comments from Yorkville ) for the Grande Reserve Subdivision . Please have them executed by the Mayor and City Council and then give the executed agreements to Pasquinelli. Pasquinelli Homes must sign the Developers Guarantee, provide payment, and deliver insurance certificates to Commonwealth Edison . If you ahve any questions please call me at 630-437-2203. Sincerely ,moi Craig Dixon Senior Real Estate Representative EASEMENT Property: Plano-Montgomery R?W Parcel No.21 Southeast Quarter, Sec 11 Twp. 37 N Rng.7 E of 3rd. PM Kendall County, Illinois C.E.Co.Tax Parcel No.: P.I.N.:02-11-501-006 WATER MAIN EASEMENT THIS NON-EXCLUSIVE Water Main EASEMENT, (this"Agreement") is made,entered and granted on this day of ,2004,by and between COMMONWEALTH EDISON COMPANY,an Illinois corporation("Grantor"), AND The United City of Yorkville, an Illinois municipal corporation(hereinafter referred to as"Grantee"). WITNESSETH WHEREAS, Grantor is the owner of a parcel of land in the United City of Yorkville,County of Kendall and State of Illinois,described in Exhibit"A"attached hereto and made a part hereof("Grantor's Property");and United City of Yorkville, an Illinois municipal corporation(hereinafter referred to as"Grantee") WHEREAS,Grantee has requested that Grantor grant to Grantee a non-exclusive easement to construct and operate certain facilities on Grantor's Property;and WHEREAS, Grantor utilizes Grantor's Property for Grantor's own business operations, which operations, for purposes hereof, shall include without limitation the construction, reconstruction, maintenance,repair,upgrade, expansion, addition,renewal,replacement,relocation,removal,use and operation of Grantor's equipment and facilities, whether now existing or hereafter to be installed, in,at,over, under, along or across Grantor's Property (collectively,"Grantor's Operations");and WHEREAS, Grantor has agreed to grant, and Grantee has agreed to accept,the easement described hereinbelow,subject to the terms and conditions of this Agreement; NOW,THEREFORE, in consideration of the payments,covenants, terms and conditions to be made, performed, kept and observed by Grantee hereunder,Grantor hereby grants unto Grantee, without warranty of title, a non-exclusive easement("Easement")for the purpose of installing,operating, maintaining, replacing,and removing: i)one 16-inch water mainr(hereinafter jointly or severally referred to as"Grantee's Facility") as referred to in Exhibit"B". This grant of easement("Easement") is made subject to Grantee's full and faithful performance and observance of the following covenants,terms and conditions: 1. Grantee's Use. The following general conditions shall apply to Grantee's use of the Easement Premises: a. This Easement shall include such non-exclusive temporary rights of ingress and egress over a strip of land thirty feet(30)feet in width and located fifteen feet(15)feet along either side of the water main respective center line as depicted in Exhibit"B"hereto ("Access Area"),as may be reasonably required by Grantee for the construction, maintenance,repair,replacement and removal of Grantee's Facility, which rights of ingress and egress shall be subject and subordinate in all respects to Grantor's Operations and limited to such temporary access routes over the Access Area as Grantor in its sole discretion may designate from time to time. Subject to the foregoing limitations,the term"Easement Premises"as used herein shall include the Access Area. b. Grantee shall procure and maintain at its own expense,prior to entry upon Grantor's Property hereunder, all licenses,consents,permits, authorizations and other approvals required from any federal, state or local governmental authority in connection with the construction,placement, use and operation of Grantee's Facility, and Grantee shall strictly observe all laws,rules, statutes and regulations of any governmental authorities having jurisdiction over the Easement Premises or Grantee's operations thereon. Grantor may from time to time request evidence that all such approvals have been obtained by Grantee and are in full force and effect. In no event shall Grantee seek any governmental approvals that may affect in any way Grantor's Operations, including without limitation any zoning approvals, without in each instance obtaining Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole discretion. c. In the event any aspect of Grantee's construction,placement, maintenance,repair, use or operation of Grantee's Facility at any time violates or is forbidden by any law,statute,rule, regulation, order or requirement of any governmental authority,Grantee shall immediately discontinue such operations and at its own expense take all required corrective action, including without limitation removal of all or any portion of Grantee's Facility from Grantor's Property if required, within the lesser of(i)thirty(30)days from Grantee's notice of such violation or(ii)the period of time required by law for the correction of such violation. d. Grantee's use of the Easement Premises shall be conducted in a mariner that does not conflict or interfere with Grantor's Operations. e. This Easement and the rights granted hereunder are subject and subordinate in all respects to all matters and conditions of record affecting the Easement Premises. f. Grantee's obligations and liabilities to Grantor under this Agreement with respect to Grantee's Facility and all other matters shall not be limited or in any manner impaired by any agreements entered into by and between Grantee and any third parties, including without limitation any agreements related to the construction or installation of Grantee's Facility,and Grantee shall be and remain liable to Grantor for the installation and operation of Grantee's Facility in accordance with the terms and conditions of this Agreement, notwithstanding Grantee's failure or refusal to accept delivery of or title to such facilities from any such third parties. g. Without limiting the generality of the foregoing,this Easement and the rights granted hereunder are subject and subordinate in all respects to the existing and future rights of Grantor and its existing lessees, licensees and grantees,existing roads and highways, the rights of all existing utilities, all existing railroad rights-of-way, water courses and drainage rights that may be present in Grantor's Property. If required, Grantee shall secure the engineering consent of the holders of such prior rights as a prerequisite to exercising its rights hereunder and shall provide Grantor with a copy of the same. 2. Term. The term of this Easement shall be in perpetuity, unless terminated pursuant to the terms, conditions and covenants of this Agreement, and shall commence as of the date first hereinabove written. 2 3. Fee. Consideration of this Easement, Grantee shall o pay Grantor the sum specified as the consideration for the granting of this Agreement., which amount shall be due and payable to Grantor,prior to Grantor's execution and granting of this Agreement. 4. Rights Reserved to Grantor. a. Grantor hereby reserves the right at all times to use the surface, subsurface and the area above the Easement Premises for Grantor's Operations in such manner as Grantor deems necessary or appropriate. Grantor's use of Grantor's Property, including the Easement Premises, at all times to gain access to any of Grantor's equipment and facilities now or hereafter vacated thereon shall be paramount to the rights granted to Grantee hereunder and Grantee shall make such access available to Grantor at all times. b. Grantor reserves the right to grant additional access, utility and other leases, licenses, easements and rights hereafter to third parties through, under,over and across all or any portion of Grantor's Property, including the Easement Premises. 5. Relocation and Restoration of Easement Premises. The following terms and conditions shall govern the rights and obligations of the parties with respect to relocation and restoration of the Easement Premises: a. In the event any alteration,expansion, upgrade,relocation or other change in Grantor's Operations interferes or conflicts with Grantee's use of the Easement Premises hereunder, Grantor shall notify Grantee in writing of such proposed change and the conflict posed by this Easement or the presence of Grantee's Facility on the Easement Premises. Such notice shall contain Grantor's estimate of the additional costs Grantor will incur if the proposed change in Grantor's Operations must be altered to avoid or minimize any conflict or interference with Grantee's use of the Easement Premises. Within ten(10) days after receipt of such notice,Grantee shall notify Grantor in writing of its election to (i)make such changes in Grantee's Facility,at Grantee's cost,as in the judgment of Grantor may be required to avoid or minimize any conflict or interference with the proposed change in Grantor's Operations, including without limitation the relocation of Grantee's Facility to another location on Grantor's Property designated by Grantor,or(ii)reimburse Grantor for all additional costs incurred by Grantor in altering the proposed change in Grantor's Operations to avoid or minimize such conflict or interference. In the event Grantee fails to notify Grantor in writing of such election within such ten(10)day period,Grantee shall be conclusively deemed to have elected to reimburse Grantor for its additional costs as provided in clause(ii) hereinabove. In the event Grantee elects to make all changes to Grantee's Facility, including relocation to another location designated by Grantor,required to avoid conflict with the proposed change in Grantor's Operations, Grantee,at its sole cost and in accordance with all applicable terms and conditions of this Agreement, shall promptly take all steps necessary to complete such changes and relocation within a reasonable time but in no event later than sixty (60)days after the date of such election. In the event Grantee elects to reimburse Grantor for the additional costs to be incurred by Grantor,Grantee shall make such payment within thirty (30)days after Grantor's demand therefor. b. Grantee agrees that, within thirty (30) days after the expiration or termination of this Easement for any reason, Grantee shall,at its cost, remove all of Grantee's Facility from Grantor's Property and restore and repair Grantor's Property to the condition existing prior to the installation of Grantee's Facility. In the event Grantee fails to so remove its Facilities and restore and repair Grantor's Property, Grantor may elect to do so at Grantee's cost and expense,and, in such event,Grantor may dispose of Grantee's Facility without any duty to account to Grantee therefor. Grantee shall pay all costs and expenses incurred by Grantor in removing Grantee's Facility, including any storage costs, and any costs incurred by Grantor in restoring and repairing Grantor's Property. Any facilities and equipment that Grantee fails to remove from Grantor's Property within thirty (30)days after the expiration or termination of this Easement shall be conclusively deemed to have been abandoned by Grantee and shall become the sole property of Grantor, without liability or obligation to account to Grantee therefor. 3 6. Condition of Grantor's Property. Grantor has made no representations or warranties of any kind or nature whatsoever, whether written or oral,concerning the suitability of Grantor's Property or the Easement Premises for the placement of Grantee's Facility thereon or Grantee's use of the Easement Premises for the purposes contemplated herein. In entering into this Agreement,Grantee has relied solely upon such independent investigations of the condition of Grantor's Property as Grantee has deemed necessary or appropriate in its discretion, and Grantee has not relied upon any statements,representations or agreements of Grantor regarding the conditions of Grantor's Property. This Easement is granted over the Easement Premises in its AS-IS,WHERE-IS CONDITION,WITH ALL FAULTS, and Grantor has not agreed to undertake any improvements or other work to make Grantor's Property or the Easement Premises suitable for Grantee's intended use,except as may be otherwise expressly provided herein. 7. Conditions Governing Construction, Repair,Maintenance and Other Work. a. All work performed by Grantee pursuant to this Agreement, including without limitation all work related to the installation, alteration, maintenance(excluding only routine maintenance), repair, relocation,replacement or removal of Grantee's Facility, and , shall be performed in accordance with plans and specifications approved in writing by Grantor prior to the commencement of such work. Grantor shall review and approve any amendments,additions or other changes to such approved plans and specifications, prior to the performance of any work identified therein. Upon completion of such work, Grantee shall furnish to Grantor"as-built"drawings accurately showing the installed locations of all of Grantee's Facility. b. Prior to the performance of any work, Grantee shall (i)obtain all applicable permits, approvals and authorizations required from any federal,state or local governmental authority and furnish Grantor with satisfactory evidence that all such approvals have been obtained and(ii) furnish Grantor with certificates of insurance for each contractor and subcontractor evidencing such contractor's or subcontractor's compliance with the requirements of Section 10 hereof. c. Except for emergency repairs affecting the health and safety of the public,Grantee shall provide Grantor with not less than thirty(30)days' advance notice of any work(including routine maintenance)so that Grantor may take such protective actions as Grantor deems necessary to ensure the safety and reliability of Grantor's facilities in the area of Grantee's proposed work. Grantee shall postpone the commencement of its work until such time as Grantor has completed any and all such protective work. Any cost and expense of such protective work shall be borne by Grantee and paid by Grantee within thirty (30)days after receipt of a bill therefor. Grantor may elect,on a case-by-case basis, to have all of Grantee's work performed in the presence of a representative of Grantor and in a manner satisfactory to such representative. d. If Grantee performs any grading, leveling,digging or excavation work on Grantor's Property,Grantee will notify JULIE at telephone number(800) 892-0123 at least seventy-two (72)hours prior to the commencement of such work in order to locate all existing utility lines that may be present on Grantor's Property. If Grantee damages any such underground facilities in the course of its work,Grantee will promptly reimburse Grantor or the owner of such equipment or facilities for any and all expense incurred in repairing or replacing such damage. e. Except for emergency repairs affecting the health and safety of the public, which emergency repairs should be called in within the first 8-hours of entering Grantor's Property and confirmed by Grantor, Grantee shall notify Grantor's Representative, telephone number(630)437-2824, at least forty- eight(48)hours in advance of entering Grantor's Property for the performance of any work(including routine maintenance). The timing and scheduling of such work shall be subject to Grantor's prior approval. In the event Grantee is required to perform any emergency repair work affecting the health and safety of the public,Grantee shall notify Grantor in writing of such repair work within forty-eight(48) hours after the performance of such repairs. f. Grantor may withhold its approval to the performance of any work hereunder whenever any of the following conditions exist: (i)Grantee is in default under this Agreement, (ii) the performance of 4 such work and the use and occupancy of Grantor's Property contemplated by such work in Grantor's judgment will interfere with Grantor's Operations or any other then existing uses of Grantor's Property,or (iii)Grantor and Grantee have failed to enter into such supplemental agreements as Grantor deems necessary or advisable regarding the performance of such work.Grantor retains the right to suspend or stop all such work if in Grantor's sole judgment the ongoing performance of such work endangers Grantor's facilities or threatens to interfere with Grantor's Operations, and Grantor shall incur no liability for any additional cost or expense incurred by Grantee or any third parties in connection with such work stoppage. g. All work shall be performed in a good and workmanlike manner and in accordance with all applicable laws, statutes,building codes and regulations of applicable governmental authorities. Without limiting the generality of the foregoing, Grantee shall cause all work and the placement of Grantee's Facility to meet the applicable requirements of 83 Ill.Admin. Code Part 305,as amended from time to time,and shall cause all workers performing any work on behalf of Grantee, its contractors and subcontractors, to be equipped for and conform to OSHA safety regulations. Upon completion of the work, Grantee shall (i) provide waivers of lien from each contractor and such other evidence of lien-free completion of the work as Grantor may require and(ii)restore all adjacent and other affected areas of Grantor's Property to their original condition preceding the commencement of such work. h. Grantee shall promptly notify Grantor of any damage caused to Grantor's facilities arising out of or related to the performance of such work, and Grantee will reimburse Grantor on demand for the cost of any such related repairs and expenses incurred by Grantor as a result of such damage. The formula described in Section 13.b shall be used to determine the amount due Grantor as reimbursement for the cost of such repairs. Grantee shall reimburse Grantor's tenants on demand for any damage to the property of Grantor's tenants caused by, arising out of,or attributable to the performance of such work. Damages shall include but not be limited to damages to tenant crops, fences,pastures, livestock,or equipment. Under no circumstances shall any blasting be undertaken on Grantor's Property nor shall any vehicles or equipment be brought or assembled on Grantor's Property having a height greater than fourteen (14)feet above grade. i. There shall be no impairment of any natural or installed drainage facilities occasioned by any work related to Grantee's Facility and Grantee at its cost shall repair and replace all drainage tiles damaged or destroyed during the performance of such work. Grantee will identify the locations of all field tiles by stationing on Grantee's construction plans and the same information will be incorporated into Grantee's"as-built" plans delivered to Grantor upon completion of construction of Grantee's Facility. j. The following additional specific requirements shall apply to the performance of such work: (i) Grantee agrees that Grantee's Facility and improvements will be installed in strict conformity with the plans attached hereto as Exhibit"B". (ii) Should any proposed changes to Grantee's Facility be required,either before or after installation,Grantee,or its successor,shall first submit such changes to Grantor, in the form of revised plans for Grantor's review and approval. (iii) Grantee shall install suitable markers acceptable to Grantor at all points where Grantee's Facility and construction area enter or leave Grantor's Property,at all road or street crossings,at all rail crossings and at all locations where Grantee's Facility changes direction in Grantor's Property. (iv) Grantee shall, upon completion of the installation of Grantee's Facility,replace all backfilling material in a neat,clean and workmanlike manner, with the topsoil on the surface of Grantor's Property, and shall remove all excess soils, including any rocks,debris or unsuitable fill from Grantor's Property that has been displaced by the placement of Grantee's Facility. At Grantor's sole election,Grantor may permit Grantee to evenly spread any portion of the 5 remaining topsoil over Grantee's Facility's alignment in Grantor's Property so long as the change in grade in Grantor's Property does not result in a grade change of greater than 6 inches from the pre-existing grade of Grantor's Property prior to the installation of Grantee's Facility. (v) Grantee agrees that all of Grantor's Property as affected by the construction of Grantee's Facility shall be leveled,dressed and the area re-seeded using grass over and along Grantee's entire construction project site,except for those areas that are either tenant occupied for agricultural purposes and/or those areas that involve wetlands, where governmental wetland restoration requirements shall take precedence. Grantee shall manage the re-seeding process until a firm grass growth has been established on Grantor's Property. Grantee agrees to leave Grantor's Property in a neat,clean and orderly condition and to the satisfaction of Grantor. 8. Covenants of Grantee. Grantee hereby covenants and agrees as follows: a. Grantee shall obtain and maintain all rights, licenses,consents and approvals required from any governmental authorities or third parties with respect to the installation, use or operation of Grantee's Facility on Grantor's Property and,at Grantor's request,Grantee shall provide Grantor with evidence thereof. Grantee shall cause Grantee's Facility to be maintained at all times in good repair and in accordance with all requirements of applicable law,and Grantee shall not permit any nuisances or other unsafe or hazardous conditions to exist in,on or under Grantor's Property in connection with Grantee's Facility or Grantee's use or occupancy of Grantor's Property. In the event Grantee fails to fully and faithfully perform all such repair and maintenance obligations, Grantor shall have right(but not the obligation) after thirty(30)days' written notice to Grantee,to cause such repairs and maintenance to be performed and charge the cost thereof to Grantor. In the event Grantor elects to perform such repair and maintenance,the amount due Grantor from Grantee as reimbursement shall be determined using the formula described in Section 13.b hereof. b. Grantee shall install Grantee's Facility and use and occupy the Easement Premises in a manner that avoids any interference with Grantor's Operations. Within ten(10)days after Grantor's demand therefor, Grantee shall reimburse Grantor for all costs incurred by Grantor as a result of injury or damage to persons,property or business, including without limitation the cost of repairing any damage to Grantor's equipment or facilities or costs arising from electrical outages,caused by the use and occupancy of the Easement Premises by Grantee, its representatives,employees, agents,contractors,subcontractors and invitees. c. Grantee will not cause or permit any mechanic's lien or claim for lien to be asserted against the Easement Premises,Grantor's Property or any other real estate owned by Grantor or any improvements thereon, which lien or claim for lien arises out of any contract or agreement for work to be performed by or on behalf of Grantee in connection with this Agreement or any of the rights granted to Grantee hereunder. In the event any such lien or claim for lien is filed,Grantee will promptly pay the same. Grantee hereby indemnifies and agrees to defend and hold harmless Grantor from and against any and all liens or claims for lien arising out of or in any way connected with Grantee's use and occupancy of the Easement Premises. d. Grantee shall pay to Grantor, within thirty (30)days after Grantor's demand therefor,any and all real property taxes and assessments levied against Grantor's Property during the term hereof that are attributable to Grantee's Facility or Grantee's use and occupancy of the Easement Premises. Grantee shall be responsible for the cost of any and all corrective actions required to address any impairment of surface water drainage conditions affecting Grantor's Property or adjacent properties as a result of Grantee's use and occupancy of the Easement Premises. e. Grantee shall notify Grantor in writing within thirty(30)days after the date Grantee ceases to use Grantee's Facility and shall provide Grantor with a properly executed release of this Easement. This Easement shall terminate without the necessity of any notice to Grantee in the event of 6 non-use by Grantee. In the event Grantee abandons Grantee's Facility,Grantee shall, if Grantor so requests, convey all or any portion of Grantee's Facility to Grantor pursuant to a bill of sale for one dollar ($1.00),but the failure of Grantor to request such bill of sale or the failure of Grantee to provide the same shall not affect the rights and obligations of the parties as set forth in Section 5. (b)hereof. 9. Hold Harmless. a. Grantee agrees to indemnify,defend(with counsel acceptable to Grantor) and hold harmless Exelon Corporation,a Pennsylvania corporation,Grantor, and their respective employees, officers,directors, agents,subsidiaries, affiliates,legal representatives,successors and assigns(collectively, "the Grantor Group"), from and against any and all claims,actions,proceedings,judgments,damages (including consequential damages), liens,fines,costs, liabilities,injuries, losses,costs and expenses (including but not limited to attorneys' fees and costs and loss of electrical service)arising from or related to Grantee's use and occupancy of the Easement Premises or any portion of Grantor's Property,or any work performed hereunder by Grantee, its employees, agents, contractors or subcontractors,or anyone claiming by through or under any of them,or any breach of this Agreement,except to the extent that any such claim, action, proceeding,judgment,damage, lien, fine, cost, liability, injury,loss,cost and expense is attributable solely to the gross negligence or willful misconduct of Grantor, its employees, agents or contractors. This indemnification shall include,but not be limited to,claims made under any worker's compensation law or under any plan for employees disability and death benefits (including without limitation claims and demands that may be asserted by employees, agents,contractors and subcontractors). The foregoing indemnity shall survive the termination of this Agreement. b. To the maximum extent permitted by applicable law,Grantee hereby waives any and all claims against,the Grantor Group, which Grantee or any person or entity claiming by,through or under Grantee may now or at any time in the future have for injury or damage to persons,property or business sustained in or about the Easement Premises or any other portion of Grantor's Property, including without limitation claims arising from any conditions existing on Grantor's Property or any acts or omissions of any of the Grantor Group. Grantor shall not be liable to Grantee for any injury,loss or damage to persons, property or business sustained by Grantee, its representatives,employees, agents,contractors or invitees in connection with this Agreement or the rights granted to Grantee hereunder, unless such loss or damage results from Grantor's gross negligence or willful misconduct. In no event shall Grantor be liable for any such injury, loss or damage resulting from any acts or omissions of any third party occupants of the Easement Premises or any other portion of Grantor's Property or the public. 10. Insurance. a. Grantee shall cause each contractor and subcontractor performing any work on behalf of Grantee pursuant to this Agreement to purchase and maintain (or Grantee at its own cost shall purchase and maintain on behalf of each such contractor or subcontractor),prior to commencing any work on Grantor's Property,the following insurance coverages: (i) Workers'Compensation Insurance Policy: Coverage A- providing payment promptly when due of all compensation and other benefits required of the insured by the workers'compensation law; Coverage B - Employers'Liability: providing payment on behalf of the insured with limits not less than$1,000,000 per accident/occurrence for all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom. Coverage A and Coverage B will cover all contractors, subcontractors,and their subcontractors; (ii) Commercial General Liability Policy or Policies covering all contractors,subcontractors and all their subcontractors with limits not less than the combined single limit of$5,000,000 for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as 7 a result of any one occurrence, which policy or policies shall not exclude property of Grantor. Commonwealth Edison Company,as Grantor,shall be added as Additional Insured under endorsement GL 2010 or CG 2010. Bodily . injury means bodily injury,sickness,or disease sustained by any person which occurs during the policy period, including death,at any time resulting therefrom. Property damage means(1)physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom,or(2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period;and (iii) Automobile Liability in the amount of not less than $2,000,000 per occurrence combined single limit covering all owned leased, rented and non-owned vehicles. There shall be furnished to Grantor,prior to commencing the work of installing, repairing,replacing or removing Grantee's Facility,a certified copy of each policy of insurance or a Certificate of Insurance evidencing the coverages specified in subsections(i), (ii) and (iii)of this Section. Insurance coverage as required herein in subsections(i)(ii), and(iii)shall be kept in force until all work has been completed. Declarations in each of said policies shall identify the work as being done by and for others on property owned by Grantor and there shall be no exclusions in any of said policies not approved by Grantor. Grantor hereby reserves the right to amend,correct and change, from time to time,the limits,coverage and form of policy as may be required from Grantee's contractor or contractors before entering Grantor's Property to perform any work thereon. b. All insurance policies required by this Section 10 shall be issued by good and reputable companies having a Best's Rating of AIXII or better and shall provide thirty(30)days prior written notice of any substantial change in the coverage,cancellation or non-renewal. Any policies of insurance maintained by Grantee, its contractors or subcontractors, shall be primary without right of contribution or offset from any policy of insurance or program of self-insurance maintained by Grantor. Grantee agrees and shall require each of its contractors and subcontractors to agree that they shall each arrange for the issuers of all policies of insurance required hereunder to waive their rights of subrogation against Grantor, its directors,officers,employees and agents. I I. Environmental Protection. a. Grantee shall conduct its operations on Grantor's Property,cause all work performed by or on behalf of Grantee hereunder to be performed,and otherwise use and occupy the Easement Premises in strict compliance with all applicable Environmental Laws. Grantee shall not cause or permit any underground storage tanks to exist or any Hazardous Materials to be introduced or handled on Grantor's Property as a result of or in connection with Grantor's use and occupancy of the Easement Premises. Grantee shall defend, indemnify and hold harmless the Grantor Group from and against any claims,actions, proceedings,judgments,damages(including consequential damages), liens, fines,costs, liabilities, injuries, losses,costs and expenses, including but not limited to attorneys' and consultants' fees and costs, whether asserted under Environmental Laws or at common law, arising out of or related to (i) any breach by Grantee of the environmental covenants set forth above or(ii)any violation of any Environmental Laws or the presence,release or threatened release of any Hazardous Materials at,on or beneath Grantor's Property as a result of or in connection with any act or omission of Grantee, its agents,employees,contractors,or any entity in privity with or providing a benefit to Grantee. As used in this section, the term "Environmental Laws"shall mean all federal,state and local statutes,regulations or ordinances relating to the protection of health,safety or the environment including, without limitation, the Clean Air Act, the Water Pollution Control Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response,Compensation and Liability Act, the Toxic Substances Control Act,all statutes, rules and regulations applicable to wetlands of any federal,state,county or local regulatory agency,and all similar federal, state and local laws now or hereinafter enacted or amended. "Hazardous Materials"shall mean any waste, pollutant, toxic substance or hazardous substance,contaminant or material regulated by 8 any Environmental Law including, without limitation,petroleum or petroleum-based substances or wastes, asbestos and polychlorinated biphenyls. The foregoing covenants and indemnification obligations shall survive any termination of this Agreement. b. Without limiting the generality of the foregoing,prior to commencing any work on Grantor's Property,Grantee at its sole cost shall (i) secure and provide Grantor with copes of any wetland permits required from any federal,state or local regulatory agencies and(ii) if applicable, identify the erosion control methods or any other method provided by the Federal Clean Water Act to prevent construction material or debris from filling any wetland area. If any construction material or debris should fill any wetland areas,Grantee at its sole cost shall cause the same to be removed and the area restored to its original condition to the extent required by applicable law or reasonably required by Grantor. Grantee at its sole cost shall monitor, maintain,and restore any wetland areas affected by its use and occupancy on Grantor's Property for the time specified in any and all permits, licenses or other approvals obtained by Grantee hereunder. c. If,during the term of this Agreement, Grantee becomes aware of any violation of Environmental Laws or of the presence of any Hazardous Materials or threatened presence of Hazardous Materials in,on,over or under the soil,groundwater or other areas of Grantor's Property resulting from or connected with Grantee's use and occupancy of Grantor's Property,Grantee shall promptly notify Grantor in writing of such conditions and shall immediately secure the affected area in a mariner required to protect public health and safety. d. Grantee shall manage any excavated soils in which Hazardous Materials are encountered in accordance with all applicable Environmental Laws,and, if permitted by such laws, shall restore the excavated work area to the condition existing before such Hazardous Materials were encountered. If, under applicable Environmental Laws,the excavated soils cannot be returned to the excavated work area,Grantee shall remove and dispose of the excavated contaminated soil at no cost to Grantor in the manner required by applicable Environmental Law,but in no event shall such contaminated soil be redeposited on Grantor's Property. 12. Defaults. The occurrence of any of the following shall constitute an event of default("Event of Default")under this Agreement: a. Grantee's failure to pay when due any amount payable by Grantee hereunder and the continuation of such default for a period of ten(10)days after notice thereof from Grantor; or b. Grantee's failure to perform or observe any other covenant,term or condition to be performed or observed by Grantee hereunder, and the continuation of such default for a period of thirty (30)days after notice thereof from Grantor;provided,however,that if such default cannot be cured within thirty(30)days and Grantee has undertaken diligent efforts within such thirty(30)day period to effect a cure,then the cure period shall be extended for such additional time, not to exceed an additional sixty (60) days,as may be required by Grantee through the exercise of continuous,diligent efforts to complete all required corrective action;or c. Any representation or warranty of Grantee hereunder proves to be false or misleading in any material respect when made;or d. Grantee's failure to maintain or cause its contractors or subcontractors to maintain the insurance coverages required under Section 10 hereof or Grantee's failure to furnish Grantor with evidence of such insurance as required by said Section;or e. Grantee's failure to operate or maintain Grantee's Facility for a period of twelve(12) consecutive months. 13. Remedies. Upon the occurrence of an Event of Default,Grantor may exercise any one or more of the following remedies: 9 a. terminate the Easement and all rights and privileges of Grantee under this Agreement by written notice to Grantee; or b. take any and all corrective actions Grantor deems necessary or appropriate to cure such default and charge the cost thereof to Grantee,together with (i)interest thereon at the Corporate Base Rate then published by Bank One Chicago(or at the prime rate then published by any other money center bank located in Chicago) and (ii)an administrative charge in an amount equal to twenty percent(20%)of the cost of the corrective action to defray part of the administrative expense incurred by Grantor in administering such cure, such payment to be made by Grantee upon Grantor's presentment of demand therefor; or c. any other remedy available at law or in equity to Grantor, including without limitation specific performance of Grantee's obligations hereunder. Grantee shall be liable for and shall reimburse Grantor upon demand for all reasonable attorney's fees and costs incurred by Grantor in enforcing Grantee's obligations under this Agreement, whether or not Grantor files legal proceedings in connection therewith. No delay or omission of Grantor to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Agreement shall be construed,taken or held to be a waiver of any other breach, or as a waiver, acquiescence in or consent to any further or succeeding breach of the same covenant.The acceptance of payment by Grantor of any of the fees or charges set forth in this Agreement shall not constitute a waiver of any breach or violation of the terms or conditions of this Agreement. 14. Notices. All notices,requests,demands and other communications hereunder shall be in writing and shall be deemed given if delivered in person or by messenger or sent by U.S. certified mail, return receipt requested,or by a nationally-recognized overnight courier to the parties at the following addresses (or such substitute addresses as may be provided by either party in the manner described herein): If to Grantor: ComEd Real Estate &Facilities 3 Lincoln Centre,4th Floor Oak Brook Terrace, Illinois 60181 If to Grantee: United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Phone no (630)553-4350 Facsimile No. (630)553-7575 Such notices shall be deemed effective when personally delivered, if delivered in person or by messenger,three(3) days following deposit in U.S. mail, if delivered by certified mail,or one day following deposit with a nationally- recognized overnight courier. 15. Miscellaneous. 10 a. Grantee's obligations under Sections 8,9, 11 and 13 hereof shall survive the expiration or termination of the Easement and Grantee's rights and privileges under this Agreement. b. This Agreement and the rights and obligations of the parties hereto shall be binding upon and inure to the benefit of the parties and their respective successors, personal representatives and assigns; provided,however,that Grantee shall have no right to assign all or any portion of its right, title, interest or obligation in the Easement or under this Agreement without the prior written consent of Grantor, which consent may be granted or withheld by Grantor in its sole and exclusive discretion. Any attempt by Grantee to assign all or any portion of its interest hereunder without Grantor's prior written approval shall be void and of no force and effect. The terms"Grantor"and"Grantee"as used herein are intended to include the parties and their respective legal representatives, successors and assigns(as to Grantee such assigns being limited to its permitted assigns). c. Upon any transfer or conveyance of the Easement Premises by Grantor, the transferor shall be released from any liability under this Agreement,and the transferee shall be bound by and deemed to have assumed the obligations of Grantor arising after the date of such transfer or conveyance. d. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements related thereto. There are no representations or understandings of any kind related to the subject matter hereof that are not fully set forth herein. Any amendments to this Agreement must be in writing and executed by Grantor and Grantee. Grantee agrees to cooperate with Grantor in executing any additional documents reasonably necessary to protect Grantor's rights under this Agreement. e. This Agreement shall be construed in accordance with the laws of the State of Illinois. Time is of the essence of this Agreement. f. In the event that any governmental or regulatory body or any court of competent jurisdiction determines that any covenant,term or condition of this Agreement as applied to any particular facts or circumstances is wholly or partially invalid, illegal or unenforceable,such invalidity,illegality or unenforceability shall not affect such covenant, term or condition as applied to other facts or circumstances (unless the effect of such determination precludes the application of such covenant, term or condition to other facts or circumstances)or the validity, legality or enforceability of the other covenants,terms and conditions of this Agreement. In the event any provision of this Agreement is held to be invalid, illegal or unenforceable, the parties shall promptly and in good faith negotiate new provisions in substitution therefor to restore this Agreement to its original intent and effect. g. No receipt of money by Grantor from Grantee,after the expiration or termination of this Agreement shall renew,reinstate,continue or extend the term of this Agreement. h. By signing this Agreement, Grantee affirms and states that it does not have any affiliated interest in Commonwealth Edison Company. Nothing in this Agreement shall be construed as making the parties hereto partners, agents,joint ventures or members of a joint enterprise. i. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together,shall constitute one and the same Agreement. j. This Agreement shall be executed for and on behalf of the United City of Yorkville pursuant to a resolution or ordinance adopted by its Mayor and City Council,.. Concurrently with its execution and delivery of this Agreement, Grantee shall furnish Grantor with a certified copy of such resolution or ordinance as evidence of the authority herein exercised by Grantee's officers executing this Agreement,and upon the recording of this Agreement,Grantee shall provide Grantor with a copy of the recording information. 11 k. By signing this Agreement Grantee agrees that Grantor or its public utility successor shall not be assessed for any improvements to be constructed pursuant hereto as a local improvement project or otherwise charged for the cost of such improvements. 16. Regulatory Approval. This Agreement may be subject to the approval of one or more regulatory agencies. If this Agreement is subject to such approval, the parties hereto agree to jointly seek such approval. If such approval is not granted by any agency,this Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate by their proper officers thereunto duly authorized as of the day and year first hereinabove written. COMMONWEALTH EDISON COMPANY By: UNTIED CITY OF YORKVILLE By: MAYOR STATE OF ILLINOIS COUNTY OF COOK ss. I, the undersigned, a Notary public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that personally known to me to be the of COMMONWEALTH EDISON COMPANY, is the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument, on behalf of said corporation, as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this day of ,2004_ Notary Public Commission expires: 12 STATE OF ILLINOIS COUNTY OF ss. — I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the Mayor of the United City of Yorkville, whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor signed and delivered the said instrument, pursuant to authority given by the City Council of said United City, pursuant to a resolution or ordinance adopted by said United City, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2004_. Notary Public Commission Expires: This instrument is prepared by Craig Dixons on behalf of Commonwealth Edison Company,3 Lincoln Centre Oak Brook Terrace,Illinois 60181. 13 DEVELOPER'S UNCONDITIONAL AND IRREVOCABLE GUARANTY OF PAYMENT AND PERFORMANCE M.P.I. 2-Yorkville Central L.L.C., an Illinois Limited Liability Company, 535 Plainfield Rd. Willowbrook, IL 60527, , ("Developer") hereby unconditionally and irrevocably guarantees to and for the benefit of COMMONWEALTH EDISON COMPANY, an Illinois corporation, ( "Grantor" ), the payment of all sums as and when due from the United City of Yorkville , an Illinois municipal corporation, ("Grantee") , under the foregoing Water Main Easement and the full and faithful performance of all obligations of Grantee under the foregoing Easement, including without limitation the installation of Grantee's Water Main in accordance with the terms and conditions of the foregoing Easement. This guaranty shall expire on the date of Grantee's acceptance of title to Grantee's Storm Sewer, as evidenced by Developer's delivery to Grantor of evidence reasonably acceptable to Grantor that Developer has delivered and Grantee has accepted title to Grantee's Water Main. By Title DATE ACCEPTED: 14 EXHIBIT A GRANTOR'S PROPERTY 15 EXHIBIT A GRANTOR'S PROPERTY That part of the East half of the Southeast Quarter of Section 11, Township 37 North, Range 7 East of the Third Principal Meridian, lying Northwesterly of the Northwesterly right of way line of the Burling- ton Northern Railroad (formerly the Chicago, Burlington & Quincy Rail- road) , described as follows : Beginning at the intersection of the Northwesterly right of way line of said railroad, and the East line of the Southeast Quarter of said Section 11; thence North along the East line of said Southeast Quarter a distance of 197.02 feet to the intersection of said line with a line drawn 190 feet Northwesterly of, measured at right angles to, and parallel with, the aforesaid Northwesterly right of way line; thenc Southwesterly along said parallel line a distance of 1079. 24 feet to th- intersection of said line with the center line of Mill Road; thence Northwesterly along the center line of said road a distance of 302.78 feet to the intersection of said center line with the West line of the East Half of the Southeast Quarter of said Section 11 at a point 364.28 feet North of the intersection of said West line of the East half of th = Southeast Quarter with the Northwesterly right of way line of said rail- road, as measured along the West line of said East half of the Southeast Quarter; thence South along the West line of said East half of the South east Quarter, a distance of 364.28 feet to the intersection cP said line with the Northwesterly right of way line of said railroad; thence Northeasterly along the Northwesterly right of way line of said rail- road, a distance of 1379.88 feet to the point of beginning, all in Kendall County, Illinois. 15 EXHIBIT "A" ATTACHED TO WATER MAIN EASEMENT AGREEMENT D l Rl m I -- 7-' e+---'- . , ROgO p'wu ---. co ]a 5,u F•YwC), ON1 v5E R / / ElEGWAL!OYER 91119E 209,.,.)NT. 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DATE 5/20/04 300 PARK BOULEVARD 70 EAST LAKE STREET SCALE 1"--.1 00 ITASCA, ILLINOIS 60143 CHICAGO. ILLINOIS 60601 (630) 250-9595 (312) 782-8549 DRAWN BY : BRU 13 CONSULTING ENGINEERS • LAND SURVEYORS CHECKED BY : BRU m NATURAL RESOURCES N m G1 1 \a a \ , " Q A \\ \ Z `,''''..,‘,‘ ,:', \-1 ,� \ / \✓ \ il , U SoF\ Z - \ / ,, NvV \\ \ C -->l i��� 75 -n f 4.0---530 ,A - 1 / 6,moo' _ -74 ,\ ^Z ,AD CROSS i e, ; EASEMENT Property: Plano-Montgomery R?W Parcel No.20 Northtwest Quarter, Sec 14 Twp.37 N Rng.7 E of 3rd.PM Kendall County, Illinois C.E.Co.Tax Parcel No.: P.I N.:02-1 1-501-006 WATER MAIN EASEMENT THIS NON-EXCLUSIVE Water Main EASEMENT,(this"Agreement") is made,entered and granted on this day of ,2004,by and between COMMONWEALTH EDISON COMPANY,an Illinois corporation("Grantor"), AND The United City of Yorkville,an Illinois municipal corporation(hereinafter referred to as"Grantee"). WITNESSETH WHEREAS,Grantor is the owner of a parcel of land in the United City of Yorkville,County of Kendall and State of Illinois,described in Exhibit"A"attached hereto and made a part hereof("Grantor's Property");and United City of Yorkvillea,an Illinois municipal corporation(hereinafter referred to as"Grantee") WHEREAS,Grantee has requested that Grantor grant to Grantee a non-exclusive easement to construct and operate certain facilities on Grantor's Property; and WHEREAS,Grantor utilizes Grantor's Property for Grantor's own business operations,which operations, for purposes hereof,shall include without limitation the construction,reconstruction, maintenance,repair,upgrade, expansion,addition,renewal, replacement,relocation,removal, use and operation of Grantor's equipment and facilities, whether now existing or hereafter to be installed, in, at,over, under, along or across Grantor's Property (collectively, "Grantor's Operations");and WHEREAS,Grantor has agreed to grant,and Grantee has agreed to accept,the easement described hereinbelow,subject to the terms and conditions of this Agreement; NOW,THEREFORE, in consideration of the payments,covenants, terms and conditions to be made, performed,kept and observed by Grantee hereunder, Grantor hereby grants unto Grantee, without warranty of title, a non-exclusive easement("Easement")for the purpose of installing,operating, maintaining,replacing,and removing: i)one 8-inch water mainr(hereinafter jointly or severally referred to as"Grantee's Facility")as referred to in Exhibit"B". This grant of easement("Easement") is made subject to Grantee's full and faithful performance and observance of the following covenants, terms and conditions: 1. Grantee's Use. The following general conditions shall apply to Grantee's use of the Easement Premises: a. This Easement shall include such non-exclusive temporary rights of ingress and egress over a strip of land thirty feet(30)feet in width and located fifteen feet(15) feet along either side of the water main respective center line as depicted in Exhibit"B"hereto("Access Area"), as may be reasonably required by Grantee for the construction, maintenance, repair,replacement and removal of Grantee's Facility, which rights of ingress and egress shall be subject and subordinate in all respects to Grantor's Operations and limited to such temporary access routes over the Access Area as Grantor in its sole discretion may designate from time to time. Subject to the foregoing limitations, the term"Easement Premises"as used herein shall include the Access Area. b. Grantee shall procure and maintain at its own expense,prior to entry upon Grantor's Property hereunder, all licenses,consents,permits,authorizations and other approvals required from any federal,state or local governmental authority in connection with the construction,placement, use and operation of Grantee's Facility,and Grantee shall strictly observe all laws,rules,statutes and regulations of any governmental authorities having jurisdiction over the Easement Premises or Grantee's operations thereon. Grantor may from time to time request evidence that all such approvals have been obtained by Grantee and are in full force and effect. In no event shall Grantee seek any governmental approvals that may affect in any way Grantor's Operations,including without limitation any zoning approvals, without in each instance obtaining Grantor's prior written consent,which consent may be granted or withheld in Grantor's sole discretion. c. In the event any aspect of Grantee's construction, placement, maintenance,repair, use or operation of Grantee's Facility at any time violates or is forbidden by any law,statute,rule,regulation, order or requirement of any governmental authority, Grantee shall immediately discontinue such operations and at its own expense take all required corrective action, including without limitation removal of all or any portion of Grantee's Facility from Grantor's Property if required, within the lesser of(i)thirty(30)days from Grantee's notice of such violation or(ii)the period of time required by law for the correction of such violation. d. Grantee's use of the Easement Premises shall be conducted in a manner that does not conflict or interfere with Grantor's Operations. e. This Easement and the rights granted hereunder are subject and subordinate in all respects to all matters and conditions of record affecting the Easement Premises. f. Grantee's obligations and liabilities to Grantor under this Agreement with respect to Grantee's Facility and all other matters shall not be limited or in any manner impaired by any agreements entered into by and between Grantee and any third parties, including without limitation any agreements related to the construction or installation of Grantee's Facility,and Grantee shall be and remain liable to Grantor for the installation and operation of Grantee's Facility in accordance with the terms and conditions of this Agreement, notwithstanding Grantee's failure or refusal to accept delivery of or title to such facilities from any such third parties. g. Without limiting the generality of the foregoing,this Easement and the rights granted hereunder are subject and subordinate in all respects to the existing and future rights of Grantor and its existing lessees, licensees and grantees,existing roads and highways, the rights of all existing utilities,all existing railroad rights-of-way, water courses and drainage rights that may be present in Grantor's Property. If required,Grantee shall secure the engineering consent of the holders of such prior rights as a prerequisite to exercising its rights hereunder and shall provide Grantor with a copy of the same. 2. Term. The term of this Easement shall be in perpetuity, unless terminated pursuant to the terms, conditions and covenants of this Agreement,and shall commence as of the date first hereinabove written. 2 3. Fee. Consideration of this Easement,Grantee shall pay Grantor the sum specified as the consideration for the granting of this Agreement., which amount shall be due and payable to Grantor,prior to Grantor's execution and granting of this Agreement. 4. Rights Reserved to Grantor. a. Grantor hereby reserves the right at all times to use the surface,subsurface and the area above the Easement Premises for Grantor's Operations in such manner as Grantor deems necessary or appropriate. Grantor's use of Grantor's Property, including the Easement Premises, at all times to gain access to any of Grantor's equipment and facilities now or hereafter vacated thereon shall be paramount to the rights granted to Grantee hereunder and Grantee shall make such access available to Grantor at all times. b. Grantor reserves the right to grant additional access, utility and other leases, licenses, easements and rights hereafter to third parties through, under,over and across all or any portion of Grantor's Property, including the Easement Premises. 5. Relocation and Restoration of Easement Premises. The following terms and conditions shall govern the rights and obligations of the parties with respect to relocation and restoration of the Easement Premises: a. In the event any alteration,expansion, upgrade,relocation or other change in Grantor's Operations interferes or conflicts with Grantee's use of the Easement Premises hereunder,Grantor shall notify Grantee in writing of such proposed change and the conflict posed by this Easement or the presence of Grantee's Facility on the Easement Premises. Such notice shall contain Grantor's estimate of the additional costs Grantor will incur if the proposed change in Grantor's Operations must be altered to avoid or minimize any conflict or interference with Grantee's use of the Easement Premises. Within ten(10) days after receipt of such notice,Grantee shall notify Grantor in writing of its election to (i)make such changes in Grantee's Facility,at Grantee's cost, as in the judgment of Grantor may be required to avoid or minimize any conflict or interference with the proposed change in Grantor's Operations, including without limitation the relocation of Grantee's Facility to another location on Grantor's Property designated by Grantor,or(ii)reimburse Grantor for all additional costs incurred by Grantor in altering the proposed change in Grantor's Operations to avoid or minimize such conflict or interference. In the event Grantee fails to notify Grantor in writing of such election within such ten(10)day period,Grantee shall be conclusively deemed to have elected to reimburse Grantor for its additional costs as provided in clause(ii) hereinabove. In the event Grantee elects to make all changes to Grantee's Facility, including relocation to another location designated by Grantor,required to avoid conflict with the proposed change in Grantor's Operations,Grantee,at its sole cost and in accordance with all applicable terms and conditions of this Agreement,shall promptly take all steps necessary to complete such changes and relocation within a reasonable time but in no event later than sixty(60)days after the date of such election. In the event Grantee elects to reimburse Grantor for the additional costs to be incurred by Grantor, Grantee shall make such payment within thirty(30)days after Grantor's demand therefor. b. Grantee agrees that, within thirty (30)days after the expiration or termination of this Easement for any reason,Grantee shall, at its cost, remove all of Grantee's Facility from Grantor's Property and restore and repair Grantor's Property to the condition existing prior to the installation of Grantee's Facility. In the event Grantee fails to so remove its Facilities and restore and repair Grantor's Property, Grantor may elect to do so at Grantee's cost and expense, and, in such event, Grantor may dispose of Grantee's Facility without any duty to account to Grantee therefor. Grantee shall pay all costs and expenses incurred by Grantor in removing Grantee's Facility, including any storage costs, and any costs incurred by Grantor in restoring and repairing Grantor's Property. Any facilities and equipment that Grantee fails to remove from Grantor's Property within thirty(30)days after the expiration or termination of this Easement shall be conclusively deemed to have been abandoned by Grantee and shall become the sole property of Grantor, without liability or obligation to account to Grantee therefor. 3 6. Condition of Grantor's Property. Grantor has made no representations or warranties of any kind or nature whatsoever, whether written or oral, concerning the suitability of Grantor's Property or the Easement Premises for the placement of Grantee's Facility thereon or Grantee's use of the Easement Premises for the purposes contemplated herein. In entering into this Agreement,Grantee has relied solely upon such independent investigations of the condition of Grantor's Property as Grantee has deemed necessary or appropriate in its discretion, and Grantee has not relied upon any statements,representations or agreements of Grantor regarding the conditions of Grantor's Property. This Easement is granted over the Easement Premises in its AS-IS,WHERE-IS CONDITION,WITH ALL FAULTS, and Grantor has not agreed to undertake any improvements or other work to make Grantor's Property or the Easement Premises suitable for Grantee's intended use,except as may be otherwise expressly provided herein. 7. Conditions Governing Construction, Repair,Maintenance and Other Work. a. All work performed by Grantee pursuant to this Agreement, including without limitation all work related to the installation,alteration, maintenance (excluding only routine maintenance), repair, relocation, replacement or removal of Grantee's Facility,and ,shall be performed in accordance with plans and specifications approved in writing by Grantor prior to the commencement of such work. Grantor shall review and approve any amendments,additions or other changes to such approved plans and specifications, prior to the performance of any work identified therein. Upon completion of such work,Grantee shall furnish to Grantor"as-built"drawings accurately showing the installed locations of all of Grantee's Facility. b. Prior to the performance of any work,Grantee shall (i)obtain all applicable permits, approvals and authorizations required from any federal, state or local governmental authority and furnish Grantor with satisfactory evidence that all such approvals have been obtained and (ii)furnish Grantor with certificates of insurance for each contractor and subcontractor evidencing such contractor's or subcontractor's compliance with the requirements of Section 10 hereof. c. Except for emergency repairs affecting the health and safety of the public, Grantee shall provide Grantor with not less than thirty(30)days' advance notice of any work(including routine maintenance) so that Grantor may take such protective actions as Grantor deems necessary to ensure the safety and reliability of Grantor's facilities in the area of Grantee's proposed work. Grantee shall postpone the commencement of its work until such time as Grantor has completed any and all such protective work. Any cost and expense of such protective work shall be borne by Grantee and paid by Grantee within thirty (30)days after receipt of a bill therefor. Grantor may elect,on a case-by-case basis,to have all of Grantee's work performed in the presence of a representative of Grantor and in a manner satisfactory to such representative. d. If Grantee performs any grading, leveling,digging or excavation work on Grantor's Property, Grantee will notify JULIE at telephone number(800) 892-0123 at least seventy-two(72) hours prior to the commencement of such work in order to locate all existing utility lines that may be present on Grantor's Property. If Grantee damages any such underground facilities in the course of its work, Grantee will promptly reimburse Grantor or the owner of such equipment or facilities for any and all expense incurred in repairing or replacing such damage. e. Except for emergency repairs affecting the health and safety of the public, which emergency repairs should be called in within the first 8-hours of entering Grantor's Property and confirmed by Grantor,Grantee shall notify Grantor's Representative, telephone number(630)437-2824, at least forty- eight(48)hours in advance of entering Grantor's Property for the performance of any work(including routine maintenance). The timing and scheduling of such work shall be subject to Grantor's prior approval. In the event Grantee is required to perform any emergency repair work affecting the health and safety of the public, Grantee shall notify Grantor in writing of such repair work within forty-eight(48)hours after the performance of such repairs. f. Grantor may withhold its approval to the performance of any work hereunder whenever any of the following conditions exist: (i)Grantee is in default under this Agreement, (ii) the performance of 4 such work and the use and occupancy of Grantor's Property contemplated by such work in Grantor's judgment will interfere with Grantor's Operations or any other then existing uses of Grantor's Property,or (iii) Grantor and Grantee have failed to enter into such supplemental agreements as Grantor deems necessary or advisable regarding the performance of such work.Grantor retains the right to suspend or stop _ all such work if in Grantor's sole judgment the ongoing performance of such work endangers Grantor's facilities or threatens to interfere with Grantor's Operations, and Grantor shall incur no liability for any additional cost or expense incurred by Grantee or any third parties in connection with such work stoppage. g. All work shall be performed in a good and workmanlike manner and in accordance with all applicable laws,statutes, building codes and regulations of applicable governmental authorities. Without limiting the generality of the foregoing,Grantee shall cause all work and the placement of Grantee's Facility to meet the applicable requirements of 83 I11.Admin. Code Part 305,as amended from time to time,and shall cause all workers performing any work on behalf of Grantee, its contractors and subcontractors,to be equipped for and conform to OSHA safety regulations. Upon completion of the work, Grantee shall (i)provide waivers of lien from each contractor and such other evidence of lien-free completion of the work as Grantor may require and(ii)restore all adjacent and other affected areas of Grantor's Property to their original condition preceding the commencement of such work. h. Grantee shall promptly notify Grantor of any damage caused to Grantor's facilities arising out of or related to the performance of such work,and Grantee will reimburse Grantor on demand for the cost of any such related repairs and expenses incurred by Grantor as a result of such damage. The formula described in Section 13.b shall be used to determine the amount due Grantor as reimbursement for the cost of such repairs. Grantee shall reimburse Grantor's tenants on demand for any damage to the property of Grantor's tenants caused by, arising out of,or attributable to the performance of such work. Damages shall include but not be limited to damages to tenant crops,fences,pastures, livestock,or equipment. Under no circumstances shall any blasting be undertaken on Grantor's Property nor shall any vehicles or equipment be brought or assembled on Grantor's Property having a height greater than fourteen (14)feet above grade. i. There shall be no impairment of any natural or installed drainage facilities occasioned by any work related to Grantee's Facility and Grantee at its cost shall repair and replace all drainage tiles damaged or destroyed during the performance of such work. Grantee will identify the locations of all field tiles by stationing on Grantee's construction plans and the same information will be incorporated into Grantee's"as-built"plans delivered to Grantor upon completion of construction of Grantee's Facility. j. The following additional specific requirements shall apply to the performance of such work: (i) Grantee agrees that Grantee's Facility and improvements will be installed in strict conformity with the plans attached hereto as Exhibit"B". (ii) Should any proposed changes to Grantee's Facility be required, either before or after installation,Grantee,or its successor,shall first submit such changes to Grantor, in the form of revised plans for Grantor's review and approval. (iii) Grantee shall install suitable markers acceptable to Grantor at all points where Grantee's Facility and construction area enter or leave Grantor's Property,at all road or street crossings, at all rail crossings and at all locations where Grantee's Facility changes direction in Grantor's Property. (iv) Grantee shall, upon completion of the installation of Grantee's Facility, replace all backfilling material in a neat,clean and workmanlike manner, with the topsoil on the surface of Grantor's Property, and shall remove all excess soils, including any rocks,debris or unsuitable fill from Grantor's Property that has been displaced by the placement of Grantee's Facility. At Grantor's sole election, Grantor may permit Grantee to evenly spread any portion of the 5 remaining topsoil over Grantee's Facility's alignment in Grantor's Property so long as the change in grade in Grantor's Property does not result in a grade change of greater than 6 inches from the pre-existing grade of Grantor's Property prior to the installation of Grantee's Facility. (v) Grantee agrees that all of Grantor's Property as affected by the construction of Grantee's Facility shall be leveled,dressed and the area re-seeded using grass over and along Grantee's entire construction project site,except for those areas that are either tenant occupied for agricultural purposes and/or those areas that involve wetlands, where governmental wetland restoration requirements shall take precedence. Grantee shall manage the re-seeding process until a firm grass growth has been established on Grantor's Property. Grantee agrees to leave Grantor's Property in a neat,clean and orderly condition and to the satisfaction of Grantor. 8. Covenants of Grantee. Grantee hereby covenants and agrees as follows: a. Grantee shall obtain and maintain all rights, licenses,consents and approvals required from any governmental authorities or third parties with respect to the installation, use or operation of Grantee's Facility on Grantor's Property and,at Grantor's request,Grantee shall provide Grantor with evidence thereof. Grantee shall cause Grantee's Facility to be maintained at all times in good repair and in accordance with all requirements of applicable law,and Grantee shall not permit any nuisances or other unsafe or hazardous conditions to exist in,on or under Grantor's Property in connection with Grantee's Facility or Grantee's use or occupancy of Grantor's Property. In the event Grantee fails to fully and faithfully perform all such repair and maintenance obligations,Grantor shall have right(but not the obligation) after thirty(30)days' written notice to Grantee,to cause such repairs and maintenance to be performed and charge the cost thereof to Grantor. In the event Grantor elects to perform such repair and maintenance,the amount due Grantor from Grantee as reimbursement shall be determined using the formula described in Section 13.b hereof. b. Grantee shall install Grantee's Facility and use and occupy the Easement Premises in a manner that avoids any interference with Grantor's Operations. Within ten(10)days after Grantor's demand therefor,Grantee shall reimburse Grantor for all costs incurred by Grantor as a result of injury or damage to persons, property or business, including without limitation the cost of repairing any damage to Grantor's equipment or facilities or costs arising from electrical outages,caused by the use and occupancy of the Easement Premises by Grantee, its representatives,employees,agents,contractors, subcontractors and invitees. c. Grantee will not cause or permit any mechanic's lien or claim for lien to be asserted against the Easement Premises,Grantor's Property or any other real estate owned by Grantor or any improvements thereon, which lien or claim for lien arises out of any contract or agreement for work to be performed by or on behalf of Grantee in connection with this Agreement or any of the rights granted to Grantee hereunder. In the event any such lien or claim for lien is filed, Grantee will promptly pay the same. Grantee hereby indemnifies and agrees to defend and hold harmless Grantor from and against any and all liens or claims for lien arising out of or in any way connected with Grantee's use and occupancy of the Easement Premises. d. Grantee shall pay to Grantor, within thirty (30)days after Grantor's demand therefor,any and all real property taxes and assessments levied against Grantor's Property during the term hereof that are attributable to Grantee's Facility or Grantee's use and occupancy of the Easement Premises. Grantee shall be responsible for the cost of any and all corrective actions required to address any impairment of surface water drainage conditions affecting Grantor's Property or adjacent properties as a result of Grantee's use and occupancy of the Easement Premises. e. Grantee shall notify Grantor in writing within thirty(30)days after the date Grantee ceases to use Grantee's Facility and shall provide Grantor with a properly executed release of this Easement. This Easement shall terminate without the necessity of any notice to Grantee in the event of 6 non-use by Grantee. In the event Grantee abandons Grantee's Facility,Grantee shall, if Grantor so requests,convey all or any portion of Grantee's Facility to Grantor pursuant to a bill of sale for one dollar ($1.00),but the failure of Grantor to request such bill of sale or the failure of Grantee to provide the same shall not affect the rights and obligations of the parties as set forth in Section 5. (b)hereof. 9. Hold Harmless. a. Grantee agrees to indemnify,defend(with counsel acceptable to Grantor)and hold harmless Exelon Corporation,a Pennsylvania corporation,Grantor,and their respective employees, officers,directors,agents, subsidiaries, affiliates, legal representatives, successors and assigns(collectively, "the Grantor Group"),from and against any and all claims,actions, proceedings,judgments,damages (including consequential damages),liens, fines,costs, liabilities, injuries, losses,costs and expenses (including but not limited to attorneys' fees and costs and loss of electrical service)arising from or related to Grantee's use and occupancy of the Easement Premises or any portion of Grantor's Property,or any work performed hereunder by Grantee, its employees,agents,contractors or subcontractors,or anyone claiming by through or under any of them,or any breach of this Agreement,except to the extent that any such claim,action,proceeding,judgment,damage,lien, fine,cost, liability, injury,loss,cost and expense is attributable solely to the gross negligence or willful misconduct of Grantor,its employees, agents or contractors. This indemnification shall include,but not be limited to,claims made under any worker's compensation law or under any plan for employees disability and death benefits(including without limitation claims and demands that may be asserted by employees, agents,contractors and subcontractors). The foregoing indemnity shall survive the termination of this Agreement. b. To the maximum extent permitted by applicable law,Grantee hereby waives any and all claims against, the Grantor Group, which Grantee or any person or entity claiming by,through or under Grantee may now or at any time in the future have for injury or damage to persons,property or business sustained in or about the Easement Premises or any other portion of Grantor's Property, including without limitation claims arising from any conditions existing on Grantor's Property or any acts or omissions of any of the Grantor Group.Grantor shall not be liable to Grantee for any injury,loss or damage to persons, property or business sustained by Grantee, its representatives,employees,agents,contractors or invitees in connection with this Agreement or the rights granted to Grantee hereunder,unless such loss or damage results from Grantor's gross negligence or willful misconduct. In no event shall Grantor be liable for any such injury,loss or damage resulting from any acts or omissions of any third party occupants of the Easement Premises or any other portion of Grantor's Property or the public. 10. Insurance. a. Grantee shall cause each contractor and subcontractor performing any work on behalf of Grantee pursuant to this Agreement to purchase and maintain(or Grantee at its own cost shall purchase and maintain on behalf of each such contractor or subcontractor),prior to commencing any work on Grantor's Property,the following insurance coverages: (i) Workers'Compensation Insurance Policy: Coverage A- providing payment promptly when due of all compensation and other benefits required of the insured by the workers'compensation law; Coverage B- Employers'Liability: providing payment on behalf of the insured with limits not less than$1,000,000 per accident/occurrence for all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom. Coverage A and Coverage B will cover all contractors,subcontractors,and their subcontractors; (ii) Commercial General Liability Policy or Policies covering all contractors,subcontractors and all their subcontractors with limits not less than the combined single limit of$5,000,000 for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as 7 a result of any one occurrence, which policy or policies shall not exclude property of Grantor. Commonwealth Edison Company,as Grantor, shall be added as Additional Insured under endorsement GL 2010 or CG 2010. Bodily injury means bodily injury, sickness,or disease sustained by any person which occurs during the policy period, including death,at any time resulting therefrom. Property damage means(1)physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom,or(2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; and (iii) Automobile Liability in the amount of not less than $2,000,000 per occurrence combined single limit covering all owned leased, rented and non-owned vehicles. There shall be furnished to Grantor,prior to commencing the work of installing,repairing,replacing or removing Grantee's Facility, a certified copy of each policy of insurance or a Certificate of Insurance evidencing the coverages specified in subsections(i), (ii)and (iii)of this Section. Insurance coverage as required herein in subsections (i)(ii),and(iii)shall be kept in force until all work has been completed. Declarations in each of said policies shall identify the work as being done by and for others on property owned by Grantor and there shall be no exclusions in any of said policies not approved by Grantor. Grantor hereby reserves the right to amend,correct and change, from time to time,the limits,coverage and form of policy as may be required from Grantee's contractor or contractors before entering Grantor's Property to perform any work thereon. b. All insurance policies required by this Section 10 shall be issued by good and reputable companies having a Best's Rating of A/XII or better and shall provide thirty(30)days prior written notice of any substantial change in the coverage,cancellation or non-renewal. Any policies of insurance maintained by Grantee, its contractors or subcontractors,shall be primary without right of contribution or offset from any policy of insurance or program of self-insurance maintained by Grantor. Grantee agrees and shall require each of its contractors and subcontractors to agree that they shall each arrange for the issuers of all policies of insurance required hereunder to waive their rights of subrogation against Grantor, its directors,officers,employees and agents. 11. Environmental Protection. a. Grantee shall conduct its operations on Grantor's Property,cause all work performed by or on behalf of Grantee hereunder to be performed,and otherwise use and occupy the Easement Premises in strict compliance with all applicable Environmental Laws. Grantee shall not cause or permit any underground storage tanks to exist or any Hazardous Materials to be introduced or handled on Grantor's Property as a result of or in connection with Grantor's use and occupancy of the Easement Premises. Grantee shall defend, indemnify and hold harmless the Grantor Group from and against any claims,actions, proceedings,judgments,damages(including consequential damages), liens,fines,costs, liabilities, injuries, losses,costs and expenses, including but not limited to attorneys' and consultants' fees and costs, whether asserted under Environmental Laws or at common law, arising out of or related to (i) any breach by Grantee of the environmental covenants set forth above or(ii)any violation of any Environmental Laws or the presence,release or threatened release of any Hazardous Materials at,on or beneath Grantor's Property as a result of or in connection with any act or omission of Grantee, its agents,employees,contractors,or any entity in privity with or providing a benefit to Grantee. As used in this section,the term "Environmental Laws"shall mean all federal,state and local statutes, regulations or ordinances relating to the protection of health,safety or the environment including, without limitation,the Clean Air Act,the Water Pollution Control Act,the Resource Conservation and Recovery Act,the Comprehensive Environmental Response,Compensation and Liability Act, the Toxic Substances Control Act,all statutes, rules and regulations applicable to wetlands of any federal,state,county or local regulatory agency,and all similar federal, state and local laws now or hereinafter enacted or amended. "Hazardous Materials"shall mean any waste,pollutant, toxic substance or hazardous substance,contaminant or material regulated by 8 any Environmental Law including, without limitation,petroleum or petroleum-based substances or wastes, asbestos and polychlorinated biphenyls. The foregoing covenants and indemnification obligations shall survive any termination of this Agreement. b. Without limiting the generality of the foregoing,prior to commencing any work on Grantor's Property, Grantee at its sole cost shall (i) secure and provide Grantor with copes of any wetland permits required from any federal, state or local regulatory agencies and(ii) if applicable, identify the erosion control methods or any other method provided by the Federal Clean Water Act to prevent construction material or debris from filling any wetland area. If any construction material or debris should fill any wetland areas,Grantee at its sole cost shall cause the same to be removed and the area restored to its original condition to the extent required by applicable law or reasonably required by Grantor. Grantee at its sole cost shall monitor, maintain, and restore any wetland areas affected by its use and occupancy on Grantor's Property for the time specified in any and all permits, licenses or other approvals obtained by Grantee hereunder. c. If,during the term of this Agreement, Grantee becomes aware of any violation of Environmental Laws or of the presence of any Hazardous Materials or threatened presence of Hazardous Materials in,on,over or under the soil,groundwater or other areas of Grantor's Property resulting from or connected with Grantee's use and occupancy of Grantor's Property,Grantee shall promptly notify Grantor in writing of such conditions and shall immediately secure the affected area in a manner required to protect public health and safety. d. Grantee shall manage any excavated soils in which Hazardous Materials are encountered in accordance with all applicable Environmental Laws, and, if permitted by such laws,shall restore the excavated work area to the condition existing before such Hazardous Materials were encountered. If, under applicable Environmental Laws,the excavated soils cannot be returned to the excavated work area, Grantee shall remove and dispose of the excavated contaminated soil at no cost to Grantor in the manner required by applicable Environmental Law,but in no event shall such contaminated soil be redeposited on Grantor's Property. 12. Defaults. The occurrence of any of the following shall constitute an event of default("Event of Default")under this Agreement: a. Grantee's failure to pay when due any amount payable by Grantee hereunder and the continuation of such default for a period of ten(10)days after notice thereof from Grantor; or b. Grantee's failure to perform or observe any other covenant,term or condition to be performed or observed by Grantee hereunder,and the continuation of such default for a period of thirty (30)days after notice thereof from Grantor;provided,however,that if such default cannot be cured within thirty(30)days and Grantee has undertaken diligent efforts within such thirty (30)day period to effect a cure,then the cure period shall be extended for such additional time, not to exceed an additional sixty (60) days,as may be required by Grantee through the exercise of continuous,diligent efforts to complete all required corrective action;or c. Any representation or warranty of Grantee hereunder proves to be false or misleading in any material respect when made;or d. Grantee's failure to maintain or cause its contractors or subcontractors to maintain the insurance coverages required under Section 10 hereof or Grantee's failure to furnish Grantor with evidence of such insurance as required by said Section;or e. Grantee's failure to operate or maintain Grantee's Facility for a period of twelve(12) consecutive months. 13. Remedies. Upon the occurrence of an Event of Default,Grantor may exercise any one or more of the following remedies: 9 a. terminate the Easement and all rights and privileges of Grantee under this Agreement by written notice to Grantee;or b. take any and all corrective actions Grantor deems necessary or appropriate to cure such default and charge the cost thereof to Grantee, together with(i) interest thereon at the Corporate Base Rate then published by Bank One Chicago(or at the prime rate then published by any other money center bank located in Chicago)and (ii) an administrative charge in an amount equal to twenty percent(20%)of the cost of the corrective action to defray part of the administrative expense incurred by Grantor in administering such cure,such payment to be made by Grantee upon Grantor's presentment of demand therefor;or c. any other remedy available at law or in equity to Grantor, including without limitation specific performance of Grantee's obligations hereunder. Grantee shall be liable for and shall reimburse Grantor upon demand for all reasonable attorney's fees and costs incurred by Grantor in enforcing Grantee's obligations under this Agreement, whether or not Grantor files legal proceedings in connection therewith. No delay or omission of Grantor to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Agreement shall be construed, taken or held to be a waiver of any other breach,or as a waiver,acquiescence in or consent to any further or succeeding breach of the same covenant.The acceptance of payment by Grantor of any of the fees or charges set forth in this Agreement shall not constitute a waiver of any breach or violation of the terms or conditions of this Agreement. 14. Notices. All notices,requests,demands and other communications hereunder shall be in writing and shall be deemed given if delivered in person or by messenger or sent by U.S. certified mail,return receipt requested,or by a nationally-recognized overnight courier to the parties at the following addresses (or such substitute addresses as may be provided by either party in the manner described herein): If to Grantor: CornEd Real Estate&Facilities 3 Lincoln Centre,4th Floor Oak Brook Terrace,Illinois 60181 If to Grantee: United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Phone no(630)553-4350 Facsimile No. (630)553-7575 Such notices shall be deemed effective when personally delivered, if delivered in person or by messenger,three(3) days following deposit in U.S. mail, if delivered by certified mail,or one day following deposit with a nationally- recognized overnight courier. 15. Miscellaneous. 10 a. Grantee's obligations under Sections 8,9, 11 and 13 hereof shall survive the expiration or termination of the Easement and Grantee's rights and privileges under this Agreement. b. This Agreement and the rights and obligations of the parties hereto shall be binding upon and inure to the benefit of the parties and their respective successors,personal representatives and assigns; provided,however,that Grantee shall have no right to assign all or any portion of its right,title, interest or obligation in the Easement or under this Agreement without the prior written consent of Grantor, which consent may be granted or withheld by Grantor in its sole and exclusive discretion. Any attempt by Grantee to assign all or any portion of its interest hereunder without Grantor's prior written approval shall be void and of no force and effect. The terms"Grantor"and"Grantee"as used herein are intended to include the parties and their respective legal representatives, successors and assigns (as to Grantee such assigns being limited to its permitted assigns). c. Upon any transfer or conveyance of the Easement Premises by Grantor, the transferor shall be released from any liability under this Agreement,and the transferee shall be bound by and deemed to have assumed the obligations of Grantor arising after the date of such transfer or conveyance. d. This Agreement constitutes the entire agreement and understanding of the parties,and supersedes all offers, negotiations and other agreements related thereto. There are no representations or understandings of any kind related to the subject matter hereof that are not fully set forth herein. Any amendments to this Agreement must be in writing and executed by Grantor and Grantee. Grantee agrees to cooperate with Grantor in executing any additional documents reasonably necessary to protect Grantor's rights under this Agreement. e. This Agreement shall be construed in accordance with the laws of the State of Illinois. Time is of the essence of this Agreement. f. In the event that any governmental or regulatory body or any court of competent jurisdiction determines that any covenant,term or condition of this Agreement as applied to any particular facts or circumstances is wholly or partially invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect such covenant,term or condition as applied to other facts or circumstances (unless the effect of such determination precludes the application of such covenant, term or condition to other facts or circumstances)or the validity, legality or enforceability of the other covenants,terms and conditions of this Agreement. In the event any provision of this Agreement is held to be invalid, illegal or unenforceable,the parties shall promptly and in good faith negotiate new provisions in substitution therefor to restore this Agreement to its original intent and effect. g. No receipt of money by Grantor from Grantee,after the expiration or termination of this Agreement shall renew,reinstate,continue or extend the term of this Agreement. h. By signing this Agreement,Grantee affirms and states that it does not have any affiliated interest in Commonwealth Edison Company. Nothing in this Agreement shall be construed as making the parties hereto partners,agents,joint ventures or members of a joint enterprise. i. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original and all of which,taken together,shall constitute one and the same Agreement. j. This Agreement shall be executed for and on behalf of the United City of Yorkvillea pursuant to a resolution or ordinance adopted by its Mayor and City Council,. Concurrently with its execution and delivery of this Agreement,Grantee shall furnish Grantor with a certified copy of such resolution or ordinance as evidence of the authority herein exercised by Grantee's officers executing this Agreement,and upon the recording of this Agreement,Grantee shall provide Grantor with a copy of the recording information. 11 k. By signing this Agreement Grantee agrees that Grantor or its public utility successor shall not be assessed for any improvements to be constructed pursuant hereto as a local improvement project or otherwise charged for the cost of such improvements. 16. Regulatory Approval. This Agreement may be subject to the approval of one or more regulatory agencies. If this Agreement is subject to such approval, the parties hereto agree to jointly seek such approval. If such approval is not granted by any agency,this Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate by their proper officers thereunto duly authorized as of the day and year first hereinabove written. COMMONWEALTH EDISON COMPANY By: UNITED CITY OF YORKVILLE By: MAYOR STATE OF ILLINOIS COUNTY OF COOK ss. I, the undersigned, a Notary public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that personally known to me to be the of COMMONWEALTH EDISON COMPANY, is the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument, on behalf of said corporation, as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this day of ,2004_ Notary Public Commission expires: 12 STATE OF ILLINOIS COUNTY OF ss. — I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the Mayor of the United City of Yorkville, whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor signed and delivered the said instrument, , pursuant to authority given by the City Council of said United City, pursuant to a resolution or ordinance adopted by said United City, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2004_. Notary Public Commission Expires: This instrument is prepared by Craig Dixons on behalf of Commonwealth Edison Company,3 Lincoln Centre Oak Brook Terrace,Illinois 60181. 13 DEVELOPER'S UNCONDITIONAL AND IRREVOCABLE GUARANTY OF PAYMENT AND PERFORMANCE M.P.I. 2-Yorkville Central LLC., an Illinois Limited Liability Company, 535 Plainfield Rd. Willowbrook, IL 60527, , ("Developer") hereby unconditionally and irrevocably guarantees to and for the benefit of COMMONWEALTH EDISON COMPANY, an Illinois corporation, ("Grantor"), the payment of all sums as and when due from the United City of Yorkville , an Illinois municipal corporation, ("Grantee") , under the foregoing Water Main Easement and the full and faithful performance of all obligations of Grantee under the foregoing Easement, including without limitation the installation of Grantee's Water main in accordance with the terms and conditions of the foregoing Easement. This guaranty shall expire on the date of Grantee's acceptance of title to Grantee's Storm Sewer, as evidenced by Developer's delivery to Grantor of evidence reasonably acceptable to Grantor that Developer has delivered and Grantee has accepted title to Grantee's Water Main. By Title DATE ACCEPTED: 14 • EXHIBIT A GRANTOR'S PROPERTY That nart of the South half of section 11, and that part of the Northwest cuarter of Section 14, Township 37 North, Range 7, East of the Third Principal "Meridian, described as follows : Commencing at the Northwest corner of said Section l4; thence South along the West line of said Section 14, a distance of 442.0 feet to the Northwesterly right of way line of the Burlington Northern Railroad ( formerly the Chicago, Burlington and Quincy Railroad) ; thence Northeasterly along the Northerly right of way line of said railroad, a distance of 876 feet to the center line of Kennedy Road for a point of beo;innin.g; thence continuing Northeasterly along the Northwesterly riLht of way line of said railroad, a distance of .8-9 .68 feet to the North line of said Section 14 being also the South line of said Sec- tion 11 ; thence continuing Northeasterly along the Northwesterly right of way line of said railroad, a distance of 2419. 37 feet to the East line of the West half of the Southeast auarter of said Section 11; thence Northerly along the Fast line of said West half of the South- east cuarter of Section 11 , a distance of 197.04 feet to the inter- section of said line with a line drawn 190 feet Northwesterly of, measur- ed at right angles to, and parallel with the Northwesterly right of way line of said ralroad; thence Southwesterly along said parallel line, a distance of 3189. 33 feet to the South line of said Section 11, being also the North line of said Section 14; thence continuing Southwesterly along said parallel line, a distance of 107.78 feet to the center line of Kennedy Road; thence Southeasterly along the center line of said road, a distance of 191 . 52 feet to the point of beginning, all in Ken- dall County, Illinois . 15 F EXHIBIT "A" ATTACHED TO WATER MAIN EASEMENT AGREEMENT I m I Rl m m A co Ilinsuit' I �-- m p..)___ CE_r_ EC —7— __ CE---- [ltcwc. YOKE_ CE— _ iw i - �-CE � .. l I I 11.7,Ci: _ COMNYCTh/Ii COM E0 5ON-----------,H -r-1 -1 .. ,, ,,__________ _________ , --, d IL 'I �I TI� N.Za1K rAf �� — A IMOta[55.0.1I $--_.__..:. l it 11 w'COMP COyPA�'— , ��� J1 — --- ., z rfBRIH�A —RA1LRO�� NORTNE' IIFUAD + 11 Lir,' I1� �— RUNGION - INGTON �- � CONtxa aaApuc I I ' I) -- ww.acw '. _Obi", __w tea. i e am o _.- — C...-imp i t. t ___ _.-------- E.xua °a.w=Ys�soea a•.k lr o I, A ,F, i. , ';� I i° H Z' 11 I OE/E TON BASN 5W ��.r lc_ I i0 BC C06tauGTO e� a r II I uosv9OCE, w,rovfwvS to O n a n.is.0, o w II � ,r a.a..rE,,...e, ue,ieo.w ,-.CS m IIY II 11 X111( -„,i. RN/D1 018W R!0)00 �6� - 'Noy 20. 2004 7:59:23 a.m. AcadVer:1 5.06 CI) Drawing: F:\CADD\2807 30\312\FINAL\GALWM_PP2.OWG (138) (Al C COPYRIGHT 2004 ID Plotted Xrefs: 2807topa.OWG 2807galbase.DWC 1U /MO IN COWHEY PROJECT N0. 2807.30 0 • •O GUDMUNDSON En IMMO LEDER,LTD. DATE 5/20/04 A A H 300 PARK BOULEVARD 70 EAST LAKE STREET -I ITASCA, ILLINOIS 60143 CHICAGO. ILLINOIS 60601 SCALE "=100' D (630) 250-9595 (312) 782-8549 r DRAWN BY BRU 13 CONSULTING ENGINEERS • LAND SURVEYORS CHECKED BY : BRU NATURAL RESOURCES W m \ L4 ArIE PIA.SHALL ono mw-: - ---- - -1-_— — -r-_--- SS TA1303 OO E 6 �,11 S MILD R e RE.,u D U\r1ER D l J Ft if IIL LINoIS -= NS OF THE 33", - T LO ON T llt C 6 bF T D R E D SD N ?'ID P r� 1 ErE _SLE X L F i' ECT LINIL, F t PLIE/uk EF'.\ER �' II — k - SH E S 1 E SELECT -13= � 0 0 F 0 B C.1 F -- ____ - c,L�k_AL..., k GCO...f Ci) I I. _ cC=-._,,.1-CC 3 t SS J — II Irl I 4�- TERS J 6 5 St TT L LIAM ' + -�L / __� _ HE I C ED OF F C O I L ANN 2 F .E 'rErG R TE T E R P O 11-1, P 6 L f L E • - - - J E I L G S LO i C105-99 D A M - - � I� 31- \ [-LE I-o r _ �� F 8 AL F t-- EI E E ! D PE J 7R ry�jJ �r � I� ��� E _ D 'O P E -E L SE T IER I f G, ,F II / ull 1 1 0 [CFS t5 ORD E THEMANUFACTURE.,URFG'0 FOR cE ,ri '[UM1P ANi -��� _ E USE UF rl e s E r n E. CONES FS., F s Eo Poe _��- EUI�ON P b E H S L E S GEE( v, oNwEFl il� ;� iL F L G-(b D EB S TE CRE: REL CEFS G) -- I� TI a.r E r D LED THE Y R f UI 6E PEI L RLLREJ EG 0 TI E Gl SFU � r,Ea F 1 aE D EKED s ' L E r i s r E WATER _:1, L �. ,. _- ,I _ ---_ L.- S LES ROLLE i UEto SHALL L E 0>E .R IH l TED 1 nL Ne Er 1 u6o -= V FOR ,.L e L E e ERFL E L S SHALL Ilm ,II - r > PARALLEL R3 s F Ara., 11 "��n or, F -L - -- .1.4.1.,R E 5 E E FOR JJ P TEST E 5 E 1' I +Es II I, _ - -- r R tF rAs elI�s i - - .- - D ..6 31 U T P E C .ALLE.O tl _ LPE kET E EL( ) 6LfU L It - Ysr _' _A2 .irliA('3.(�' - -"_ .1 Dr FCUR(.1)IIJC+t>oti RN t 6iT31.l vF 1it IrF.vR THE NL_ I C , - _ LO G sHn LL HE .En QED H T.3,311( F'+JE 610 ` , --- ,_„[:=:=3=_737=7,3r_7 __- - _ _ _ Fuft INE NAIE�i 1.An_ L L - ..}fHERPF . I 3E _ - — �RA�ELALrR h Er iS7-3 Zr- _ _ 609.CkJ1 TOI __ 1 ____=------- , _ _�_ - rE P >r.D E H�EIE.. JIa1FUL bIOW k- -i / e. w I, . Ftp'-`�{£i— - __ ( ✓LFr,s FOR DEL.. sEcnon I PER PPE 33 -I I, €` I , ,,, I t ,IM _� a 1�—f V d SEINER R. sq -�. Rwl % 0 �\ q 111[ BE GROUTED CLOSLD Cr ' Ir� „PPE �MHD�T U r E nl �� rl OR COLD TAR COATED, ') 0„leD a �// oETElnv1 nIla 5N AUGER CASING T11! [/ CI I J3 x1' 3 E i GG II )�So ER 0 BE12 PA A nA LR MAIN L „ ] JOtl d 2n0/.DO RF r NFn_ Na ,au r/ ARF ilO cA [R UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat From: Joe Wywrot, City Engineer Subject: Foxfield, 2"d Addition—Final ceptane Date: May 18, 2004 This small development is located at the north end of Teri Lane. The punchlist work is complete. I recommend that the City accept the public improvements, and that the letter of credit be reduced to $3,046.62 (10% of the original amount)for the one-year warranty period. Please place this item on the Public Works Committee agenda of May 24, 2004. Cc: Liz D'Anna, Deputy City Clerk UNITED CITY OF YORKVILLE To: Tony Graff, City Administra or From: Joe Wywrot, City Engineer Subject: In-Town Road Program—Po cy Deisions Date: May 18, 2004 We have received preliminary plans from Smith Engineering for this project, and have identified some issues that require direction. Aggregate Shoulder Width There are many locations where aggregate shoulders are wider, and may or may not be used for parking by residents. The proposed plans call for a standard 2-foot shoulder width. Maintaining the shoulder widths will increase the project cost due to more culvert construction and more stone for shoulders. Should we maintain shoulder widths or replace them with standard shoulders? Street Width Center Street in front of Parkview School has curbing along the outside edge of the aggregate shoulder. This in effect makes for parking lanes on both sides of the streets on this block. The proposed plans call for a paved parking lane on the north side, but not on the south side. I don't feel we should replace the curb, because it doesn't perform a useful function. I also recommend that we eliminate the wide south shoulder. We will be providing a drop-off lane on the north side of the street and don't want to encourage drop-offs/pick-ups than require children to cross the street mid-block. Driveway Aprons This a two-stage project (utility construction in the fall with roadway construction the following spring), therefore some driveways will be disturbed in the fall and again in the spring. One alternative is to leave those disturbed driveway aprons as aggregate over the winter. This will result in a significant cost savings. A somewhat more expensive alternative would be to perform minimal asphalt patching on asphalt and concrete driveways to last over the winter. Driveways would be replaced in-kind (i.e., replace asphalt with asphalt, concrete with concrete, etc.) as part of the roadway project. Which alternate is preferred? Parkway Culverts This project includes parkway grading to create roadside swales and installation of driveway culverts. This is necessary to provide parkway drainage when curb and gutter is not provided. We will minimize the depth of swales wherever possible. This is not a policy question because this work must be done bu . . 1 -• • o be aware of it. Please place this item on the Public Works Committee agenda of May 24, 2004 for discussion. -S Cc: Eric Dhuse, Director of Public Works © / 1 Legacy Fields U00105/14/2004 FRI 07:27 FAX 6302360442 �,_, �x `; • 74449 WISEMAN • HUGHES May 14,2004 Mr. Tony Graff City Administrator City of Yorkville 800 Game Farm R d. Yorkville, IL 605(0 RE: Seller Connection Fee: Windett Ridge Dear Tony: Pursuant to our telephone conversation last week, I am formally seeking your approval of the following method to account for the sewer connection fees in Windett Ridge. As you recall,we pre-paid$1800 for each lot at the time of Final Platting. The total fee due is$2000 per lot. The additional $200 was to be paid at the time of building permit application. Also at the time of Final Platting,we paid an additional $170,000 to the City that was to be re-paid to us by the City within 10 years. I am requesting that rather than pay the additional 1200 per lot at the time of permit, we reduce the$170,000 recapture amount by the$20( per lot. Once all of the lots in Windett are constructed, the$170,000 will be reduced to S114,600. If you are in agreerr ent with this arrangement,please sign below and fax back to my office. Thank you for your continued assistance and cooperation. Very pest regar 1 / La .e Director of Plannin and Entitlements Concurrance: Mr. Tony Graff, Vill.ige Administrator Wiseman-Hushes Enterprises, Inc. 975 East 22nd Street Wheaton, Illinois 60187 630-653-0500 Fax 630-653-0194 • United City of Yorkville County Seat of Kendall County EST% MUM1836 800 Game Farm Road �� V) Yorkville, Illinois 60560 0 1111 ice \ p Phone:630-553-4350 �e�"a�o� v�� Fax:630-553-7575 To: Joe Besco, Chairman ."/ From: Eric Dhuse, Public Works • �, . Date: May 20, 2004 Re: Mower Purchase Joe, In the FY 04-05 budget Public Works has budgeted money in the PW capital portion to assist in purchasing a mower for the parks department. Public Works was planning on purchasing a mower to maintain all of our lift stations, new well houses and treatment facilities, and boulevards. After talking it over with the park department and Laura Brown, it was decided that it would be much more efficient for one department to do all the mowing maintenance which naturally would be the parks. They too had planned on buying an additional mower to add to the fleet. By combining our resources and manpower both departments will benefit by not duplicating equipment or services, ultimately saving the city thousands of dollars. I have attached Scott Sleezer's memo outlining the make model and cost of the mower. I have also attached a picture and specification as well. I would like to discuss this at the May 24`x'public works meeting to start the process as quickly as possible. If you have any questions, please let me know. INTEROFFICE MEMORANDUM TO: ERIC DHUSE FROM: SCO PI SLEEZER SUBJECT: MOWER DATE: 5/19/2004 CC: LARRA BROWN Eric, The City has budgeted a new mower for fiscal year 2004-05 partially in Parks Capital and partially in Public Works Capital. We are in need of purchasing the new mower ASAP due to some mechanical problems with current mowers and to the excessive rain fall. The federal Government has a purchasing program similar to the state purchase program called GSA. Any government agency can purchase through this program including municipalities. The benefit of this program is that it requires no bidding and you still get discounted pricing. I would like to purchase a Toro Groundsmaster 4000D wing style mower in the amount of$40,857.27 and have you bring it to the Public Works committee meeting for their approval. Fifteen thousand ($15,000.00) from Parks & Recreation Capital, line item mower. Twenty one thousand ($21,000.00) from Public Works Capital, line item mower and four thousand eight hundred fifty seven and twenty seven cents ($4,857.27) from Public Works Capital, line item reserve. Kelly Kramer is aware of this program and said this is an acceptable way for the City to purchase equipment. 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(2.0 liter)displacement.60 hp(44.8 kW)gross, 58 hp(43.3 kW) net and 117 ft.-lbs.torque at governed speed of 2,600 rpm.8 quart(7.6 liter) oil capacity. Fuel Capacity 19 gallons(72 liters)diesel fuel. Traction Drive Full-time, bi-directional, hydrostatic, closed-loop, 4WD transmission.Variable displacement piston pump with servo control powers fixed displacement piston motors which drive single reduction planetary gear assemblies at each front wheel. Parallel hydraulic flow powers fixed displacement piston motor which drives mechanical axle in rear. 2WD in forward (transport)range. Ground Speed 4000-D:Transport: 0-15 mph (24.2 km/h)forward,0-9 mph (14.4 km/h) reverse. Mow: 0-8 mph (12.4 km/h)forward, 0-4 mph (6.4 km/h) reverse. 4100-D:Transport:0-15 mph(24.2 km/h)forward,0-8 mph (12.9 km/h) reverse. Mow: 0-8.8 mph (14.2 km/h)forward, 0-4.8 mph (7.7 km/h) reverse. Tires Front:26 x 12-12, 6-ply tubeless Multi-Trac. Rear:20 x 10-10, 6-ply tubeless Multi-Trac. Steering Power steering with dedicated power source.Steering wheel tilts to desired operator position. Gauges Hour meter,fuel gauge,engine temperature gauge. Indicator lights for high temperature, oil pressure,alternator and glow plugs.Audible alarm for low oil pressure and high coolant temperature. Controls Tilt steering, ignition switch, throttle, foot-operated traction pedal, lockable individual brake pedals, parking brake lock, mow/transport speed selector switch, individual deck lift/lower levers,counterbalance adjustment, tow valve, cup holder, toolbox, radio holder and 12-volt power outlet. Warranty Two year limited warranty. Refer to Operator's Manual for further details. Overall Dimensions GM 4000-D GM 4100-D Height 81"(205.7 cm)w/ROPS 81" (205.7 cm)w/ROPS Length 135"(343 cm)w/decks down 144" (365.8 cm)w/decks down Width 136"(345.5 cm)w/decks down 127" (322.6 cm)w/decks down Transport Width 71"(180 cm)@ 2"(5 cm)HOC 71" (180 cm)@ 2" (5 cm)HOC Wheelbase 55.5" (140 cm) 55.5"(140 cm) Cutting Decks GM 4000-D, Model 30410 GM 4100-D, Model 30411 Type Three rear discharge rotary cutting decks. All outfront rear discharge rotary cutting deck. Width of Cut Overall: 132"(335.3 cm), Front:62"(157.5 cm), Overall:124" (315 cm),89"(226 cm)width of cut with one Wings:42"(106.7 cm), Overlap: 7"(12.8 cm). wing up. Center Deck 54" (137.2 cm)width of cut. Mowing Rate Mows up to 10.6 acres/h(4.3 hectares/h)at 8 mph Mows up to 9.9 acres/h(4.0 hectares/h)at 8 mph (12.4 km/h).Assumes no overlap or stops. (12.4 km/h).Assumes no overlap or stops. Deck Drive Direct-mounted hydraulic motor into spindle.Remaining Direct-mounted hydraulic motor into spindle. Remaining spindle(s)driven by individual B-section kevlar belt. Quick- spindle(s)driven by individual B-section kevlar belt. release belt covers. Quick-release belt covers. - Construction Welded steel with steel channel and plate reinforcements. Welded steel with steel channel and plate reinforcements. Height of Cut 1-5"(2.54-12.7 cm) in .5" (1.27 cm)increments. 1-5"(2.54-12.7 cm)in .5"(1.27 cm)increments. Ground Following 6"anti-scalp cups on each blade, adjustable skids on 6" anti-scalp cups on each blade, adjustable skids, 3 anti-scalp each deck,4 anti-scalp rollers on front deck and 1 on rollers on front deck and 1 on each wing.Adjustable skids on each wing. wing decks. Protection Bi-directional, impact absorption device on each Impact absorption device on each wing deck. wing deck. Spindles 1.25"(3.17 cm)diameter spindle shafts, 9"(22.9 cm) 1.25"(3.17 cm)diameter spindle shafts, 9"(22.9 cm) diameter conical ductile iron housing, and 2 greaseable diameter conical ductile iron housing, and 2 greaseable tapered tapered roller bearings. roller bearings. Serviceability Front deck flips 85 degrees. Replaceable skids, baffles and Center deck section flips 75 degrees. Replaceable skids, baffles caster arms. and caster arms. Products depicted in this brochure are for demonstration purposes only. Actual products offered for sale may vary. ©2003 The Toro Company,8111 Lyndale Ave.S.,Bloomington,MN 55420-1196 Part No.03-043-T.Printed in U.S.A. wwwitOrO.com UNITED CITY OF YORKVILLE Clerk's Office FROM THE DESK OF LIZ D'ANNA May 21, 2004 TO: Mayor and Public Works Committee Please add the following documents to your packet for the May 24th meeting: 1. Agenda Item#10 - 2004 Public Sidewalk Repair - Bid Results 2. Agenda Item #11 - 2004 Asphalt Surface Treatment - Bid Results 3. Agenda Item #12 - Cannonball Trail Project - Update 4. Agenda Item #13 - Bruell Lift Station Project - Alternatives Thank you, 1 Liz D'Anna Deputy Clerk UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer , L. , .,:. Subject: 2004 Public Sidewalk Repairs )Results.#fBid Opening Date: May 20, 2004 Bids were received on May 20, 2004 for replacement of deteriorated public sidewalks at various locations throughout town. The following bids were received: R.A. Ubert Construction $ 30,860.00 P.O. Box 160 Yorkville, Illinois 60560 D Construction $ 31,162.50 1488 South Broadway Coal City, Illinois 60416 Alliance Contractors, Inc. $ 39,267.00 1166 Lake Avenue Woodstock, Illinois 60098 Engineer's Estimate $ 33,025.00 The low bidder, R. A. Ubert Construction, is a local contractor who has completed our sidewalk work for the past few years. Based on the results of the bids, I recommend that we award the contract for this project to R. A. Ubert Construction for the bid amount of $30,860.00. Please place this item or(the Public Works Committee agenda of May 24, 2004 for review. --C72" //Cr- Cc: Traci Pleckham, Director of Finance UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Subject: 2004 Asphalt Surface Treatment—Results of Bid Opening Date: May 21, 2004 Bids were received on May 21, 2004 at 11:00am for the above-referenced project. This work consists of applications of rejuvenating and preservative agents to bituminous pavements. The condition of the pavement determines the type of material used in the application. The objective is to keep good roads in good condition by replacing certain asphalt compounds that naturally diminish over time. Doing so increases the ability of the pavement to repel water and maintain its flexibility. This year we are planning to treat the city streets in the area of Fox Hill, Units 1, 2, 3, 4, and 6; also the Yorkville Business Center, Units 1-3. The following bid was received: CAM, LLC S 32,762.66 43W630 Wheeler Road Sugar Grove, Illinois 60564 Engineer's Estimate S 36,101.70 CAM was the subcontractor that Boecker Road Maintenance used in past years to perform asphalt surface treatment repairs, and is also the company that purchased the business from Boecker last year, completing the project repairs in Yorkville. I recommend that they be awarded the contract for this project, for the amount of S32,762.66. Please place this item on tl�.e'Public Works Committee agenda of May 24, 2104 for consideration. `�--� Cc: Traci Pleckham, Director of Finance UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer t5 Subject: Cannonball Trail Project— date Date: May 21, 2004 This project on Cannonball Trail extends from Route 34 to a point about one-half mile north. The project is currently scheduled for construction this summer. The budgeted amount is$100,000, which was based on a rough estimate a few years ago. The pre-final cost estimate is $171,000. This road has deteriorated significantly during the past few years. Patching the worst areas and giving it a thin overlay will not buy us much time. The current plan is to heat-scarify the existing pavement and then give the road a 3.5" overlay. The cost of the heat-scarification is around $18,000. We also became aware of two culverts that should be replaced and one field tile that should be abandoned at a cost of around $31,000. Removal of one of the culverts requires removal and replacement of two guardrails at a cost of about $10,000. We currently have $145,000 budgeted in the general fund for this project and our asphalt surface treatment project. The asphalt surface treatment project bid opening was this morning, and will cost about $37,000. We also agreed recently to participate with Bristol Township in a project to overlay part of Corneils Road at a cost of$11,000. This leaves a $97,000 balance for Cannonball Trail. We could reduce the scope of the project by deleting the 48" culvert replacement, the tile abandonment, and the guardrail replacement. This will save around $28,000, but still leaves us around $46,000 short of the amount needed. We also have $35,000 set aside for sidewalk repairs. The bid opening for the sidewalk repair project was yesterday, with the low bidder at $31,000. Since we only got 5 requests from the public, we should consider not doing any sidewalk work this year and channel those funds to Cannonball Trail. Since Cannonball Trail is a regional road, it is also eligible for revenue received from the $2000/unit road fee we receive from some developments. Please place this on the Public Works Committee agend of May 24, 2004 for disc ssion. (94(--a' , _..V.2_,/,_.0 cf Cc: Traci Pleckham, Director of Finance Pre-final 20-May-04 Cannonball Trail Roadway Improvements Item Quantity Unit Unit Price Cost 1 Storm Sewers Ty 2, RCP,CL 3, 18" 45 FT $40.00 $1,800.00 2 Storm Sewers Ty 2, RCP, CL 3,48" 45 FT $90.00 $4,050.00 3 Manhole Ty A,6'Dia,Ti FCL 1 EA $3,500.00 $3,500.00 4 Manhole Ty A,4' Dia,Ti FCL 1 EA $2,500.00 $2,500.00 5 Manhole Ty A, 4'Dia,T8G 1 EA $2,500.00 $2,500.00 6 Precast Reinforced Concrete Flared End Section, 18" 1 EA $800.00 $800.00 7 Precast Reinforced Concrete Flared End Section,48" 2 EA $1,500.00 $3,000.00 8 Pipe Culverts,Ty 1, PVC, 8" 75 FT $30.00 $2,250.00 9 Pipe Culverts, Ty 1, PVC, 10" 10 FT $30.00 $300.00 10 Pipe Culverts,Ty 1, Corrugated Steel, 12" 10 FT $30.00 $300.00 11 Stone Riprap,CL A2 35 TON $70.00 $2,450.00 12 Trench Backfill 150 CU YD $28.00 $4,200.00 13 Bit. Pavement Patching 400 SQ YD $40.00 $16,000.00 14 Aggregate Base Repair 180 TON $25.00 $4,500.00 15 Bituminous Surface Removal-Butt Joint 207 SQ YD $10.00 $2,070.00 16 Aggregate Shoulder Repair 200 TON $25.00 $5,000.00 17 Heat-Scarifying 6630 SQ YD $2.55 $16,906.50 18 Asphalt Modifier 663 GAL $2.00 $1,326.00 19 Bituminous Concrete Binder Course 847 TON $35.00 $29,645.00 20 Bituminous Concrete Surface Course 635 TON $38.00 $24,130.00 21 Bit. Driveway Pvmt,3" 149 SQ YD $20.00 $2,980.00 22 PCC Driveway Pvmt, 6" 96 SQ YD $50.00 $4,800.00 23 Agg. Driveway Repair 33 TON $25.00 $825.00 24 Guardrail Removal 200 FT $8.00 $1,600.00 25 Steel Plate Beam Guardrail, Type A 112.5 FT $14.00 $1,575.00 26 Traffic Barrier Terminal, Type 1, Special(Tangent) 4 EA $1,800.00 $7,200.00 27 Temporary Pavement Marking-Line 4" 250 FT $0.50 $125.00 28 Pavement Marking Removal 258 SQ FT $2.00 $516.00 29 Thermoplastic Pavement Marking-Line 4" 5044 FT $0.50 $2,522.00 30 Thermoplastic Pavement Marking-Line 6" 5945 FT $0.70 $4,161.50 31 Thermoplastic Pavement Marking-Line 8" 188 FT $1.00 $188.00 32 Thermoplastic Pavement Marking-Line 12" 170 FT $1.40 $238.00 33 Thermoplastic Pavement Marking-Line 24" 37 FT $3.00 $111.00 34 Thermoplastic Pavement Marking-Letters&Symbols 31.2 SQ FT $6.00 $187.20 35 Tree Removal(6-15 in dia) 28 IN DIA $25.00 $700.00 36 Landscape Restoration 2740 SQ YD $4.00 $10,960.00 37 Traffic Control and Protection 1 LS $5,000.00 $5,000.00 Total: $170,916.20 Page 1 UNITED CITY OF YORKVILLE To: Tony Graff, City Administr for From: Joe Wywrot, City Engineer Subject: Bruell Lift Station Project - tern ves Date: May 21, 2004 We have not been able to reach agreement with Dale Woodworth in our attempts to acquire the lift station site and an easement across Dale's property to the east of Bruen Street. Our development agreement with Richard Marker allows him to construct a temporary pump station on his site should the city's Bruell Street project not be built. Given the timing issues involved, we should consider allowing Richard Marker to begin constructing the Heartland Circle pump station. The work we recently completed on East and West Main Streets was constructed for the Bruell Street project, but most of those utilities can be incorporated in the Heartland Circle pump station design. We should still try to complete the Bruell Street pump station project, but by allowing Marker to proceed on his own we would have more time to acquire the pump station site and easements through negotiations or other means. Please place this item on the Public Works Committee agenMay 24, 2004 for discussion. j /L//_oL) • United City of Yorkville County Seat of Kendall County EST.411836 800 Game Farm Road �� — CO Yorkville, Illinois 60560 p III n Q Phone:630-553-4350 li,� KIM: ��'= Fax:630-553-7575 `ELLE �� To: Joe Besco, Chairman From: Eric Dhuse, Public Works ------ V Date: May 24, 2004 Re: Capital Purchases Joe, In the Public Works Capital portion of the new budget there is a specific line item called auger system. This is a truck mounted conveyer system for placing gravel on road shoulders. After talking with the street department employees in depth, it was decided that we could do without the auger system, but an attachment is needed for the skidsteer to spread the gravel unifoimly. The grader attachment is $6250.00 as opposed to the $9000 for the auger system. This grader attachment will also be helpful for grading parking lots, cutting back ditches, and re-shaping ditches due to snow plow damage. I feel that this will be a very versatile and useful tool for the city. I would ask for permission to pursue and purchase this piece of equipment. ` gD Cep` United City of Yorkville County Seat of Kendall County EST.ell 836 800 Game Farm Road OI, Wit O Yorkville,Illinois 60560 ����n Phone:630-553-4350 K. -$1 �o� � Fax:630-553-7575 ` E ‘‘' To: Joe Besco, Chairman From: Eric Dhuse, Public Works Date: May 24, 2004 Re: disposal of property Joe, When we purchased the new sewer jetter/vacuum truck, in the bid was an allowance for the current sewer jetter for $4000.00. In order to complete the transaction I need formal council action for disposal of property. This is a fair price, and I would recommend that council approve of the disposal of this asset. If you have any questions,please let me know. Sealed Bid Specifications TO: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 FOR: Disposal of City Owned Property FROM: NAME OF BIDDER STREET ADDRESS CITY STATE ZIP CODE PHONE FAX ITEM DESCRIPTION MILEAGE BID 1990 GMC 3500 Dump 1 ton dump truck 4 WD 60776 Truck 1991 Chevy Caprice AT, PW, PDL, AC, AM/FM radio 143214 1993 Chevy Caprice AT, PW, PDL, AC AM/FM radio 174465 1994 Chevy Caprice AT, PW, PDL, AC, AM/FM radio 124310 1995 Chevy Caprice LT 1 AT, FW, PDL, AC, AM/FM radio 140532 3" Homelite trash pump 3" Trash pump with Honda motor Stanley power unit with walk behind saw pull behind unit Cushman Cart Grasshopper 721D mower If this proposal is accepted and the undersigned agrees to complete the bid acceptance by providing payment in full prior to taking possession of the equipment or vehicles. SIGNATURE DATE Notice is hereby given that the United City of Yorkville is accepting sealed bids for the sale of the following items: VEHICLES Il'hM DESCRIPTION MILEAGE MINIMUM BID 1990 GMC 3500 1 ton dump truck 60776 $500.00 Dump Truck 4 WD 1991 Chevy Caprice AT, PW, PDL, AC, 143214 $200.00 AM/FM RADIO 1993 Chevy Caprice AT, PW, PDL, AC 174465 $100.00 AM/FM RADIO 1994 Chevy Caprice AT, PW, PDL, AC, 124310 $100.00 AM/FM RADION 1995 Chevy Caprice AT, FW, PDL, AC, 140532 $500.00 LT 1 AM/FM RADIO EQUIPMENT 3" Homelite trash pump $50.00 3" Trash pump with Honda motor $50.00 Stanley power unit with walk behind $25.00 saw pull behind unit Cushman Cart $50.00 Grasshopper 721D mower $500.00 All equipment and vehicles are sold as is and do not come with warrantees or guarantees. To view equipment or vehicles prior to bid opening, schedule an appointment by calling the Public Works Department Monday through Friday, between the 7:00 am—3:00 pm Sealed Bids will be accepted separately for each item at the United City of Yorkville 800 Game Farm Road Yorkville, lllinois 60560 until 3 PM on Monday, May 3, 2004, and at that time will be publicly opened and read. The United City of Yorkville City Council reserves the right to reject any/or all bids, to waive technicalities and to accept the bid which the City Council feels to be the most advantageous to the United City of Yorkville. Final acceptance of bids will be made at the May 11, 2004 City Council Meeting. All equipment, and vehicles will be available for pick up on May 12, 2004, upon payment.