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Public Works Packet 2005 05-23-05 40 C/py United City of Yorkville Jam' 0 County Seat of Kendall County °i- 800 Game Farm Road EST.IN ". 1836 Yorkville, Illinois, 60560 -�- Telephone: 630-553-4350 �Oi � t Fax: 630-553-7575 ��2 Website: www.yorkville.il.us 4CExV PUBLIC WORKS COMMITTEE MEETING AGENDA Monday,May 23,2005 7:00 PM City Hall Conference Room Revised 5/23/05 Approval/Correction of Minutes: April 25, 2005 Presentations: 1. City Sidewalk Map by Sergeant Terry Klingel New Business: 1. In-Town Road Program Roadway Contract Construction Inspection 2. IDOT Highway Permit—Windett Ridge 3. IDOT Highway Permit—5/3 Bank 4. Policy for City Engineer Authorization to Sign IDOT Highway Permits 5. Autoserve Carwash Sidewalk Agreement 6. Rob Roy Creek Interceptor Contract#1 —Change Order#3 7. Rob Roy Creek Interceptor Contract#2—Change Order#1 8. Prairie Gardens—Resubdivision of Lot 4—Line of Credit Reduction#1 9. Sidewalk Replacement Program 10. Fox Hill Unit 7 —Water and Sanitary Recapture Agreement 11. Fox Industrial Park Project—MFT Appropriation Resolution 12. Solar Street Light 13. Request for Education Class for Public Works Director 14. In-Town Drainage Improvement Change Order#2 15. Illinois Railnet Pipeline Crossing Agreement for Raw Water Main Project 16. Citywide Transportation Analysis 17. USGS —Amendment to 2004 Joint Funding Agreement for Blackberry Creek Floodplain Study 18. USGS —Floodplain and Floodway Mapping for Blackberry Creek and EEI Scope of Service 19. Route 126 and Route 71 Intersection Realignment by IDOT 20. Route 47 Reconstruction—Non-Participating Items and Other Design Issues Page 2 Public Works May 23, 2005 New Business (con't): 21. Wetland Design Proposal for Bristol Bay Master Plan Community Old Business: 1. Tree Canopy Protection Ordinance—PW 4/25/05 Additional Business: Page 1 of 4 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING DRAFT Monday, April 25, 2005 7:00 PM City Hall Conference Room City Staff present: Mayor Prochaska Chairman Alderman Besco Alderman Sticka Public Works Director Eric Dhuse City Engineer Joe Wywrot Guests: None present The meeting was called to order at 7:05 pm by Chairman Alderman Besco. Approval/Correction of Minutes: February 28, 2005 and March 28, 2005- Both minutes were approved as written. Presentations: None New Business: 1. Canopy Protection Ordinance: Alderman Besco stated he had just received information from Daily &Associates, Engineers, Inc. regarding Canopy protection. They only faxed part of the information and the rest will be coming in the mail in the near future. He passed out a copy to those present to look over the information available. The Committee discussed the benefits to having canopy protection in ordinance even though these issues are worked out in PUD agreements now with developers. All felt it would be good to have an ordinance for this topic to fall back on and the importance of preserving the way the land is now. Alderman Sticka stressed how important he feels this is for the City and even though he will not be here to see this through,he hopes they will work out the details and push this ordinance through at a fast pace. This Committee will make the entire copy that is in the mail now made available to all Alderman as soon as possible to look over so they can find out how much all Council man want this to continue. This item will come back to the May Public Works meeting with new information. 2. Water Department Reports for February 2005: Eric Dhuse stated the reports showed nothing out of the ordinary. With no discussion needed, the Committee moved these on to COW on May 3 as consent agenda. 3. Water Connection Fees: Eric Dhuse stated to the Committee that Bill Dettmer has put together a connection fee for commercial buildings for the smaller, more 1 Page 2 of 4 common connections that are taking place. They are requesting this Ordinance be put in place increasing municipal water connection fees for the benefit of the City not having to negotiate every water connection. The Committee discussed the pros and cons of this ordinance taking place. The larger connections will still be negotiated, but any 4"water meter and smaller they agreed would be set at these fees. 6"water meters and larger will be made negotiable. Mayor Prochaska suggested that it made clear to the City Council that it clearly state that all fees be negotiable. Eric Dhuse will let Mr. Dettmer know of the corrections needed to be made to the Ordinance before them and this will go on to COW on May 3rd for discussion. 4. 2005 Southwest Interceptor—Illinois Railnet License Agreement: Mr. Wywrot stated that this agreement was to obtain an easement needed from Hydraulic Ave to River's Edge for the work that needs to be done there. Mr. Wywrot is recommending that the City go with the one time fee of$42,000.00 instead of the annual fee of$2,100.00. The $42,000.00 would come from developers as part of the Water Improvement to the City. The Committee agreed to move this on to COW on May 3rd for discussion. 5. Route 47 Improvements: Mr. Wywrot stated that the plans were received from IDOT and that Eric and he had identified things to needed to be done along with widening Route 47. The City's estimated cost to needed to fund the widening will be $1.7 million dollars. Mr. Wywrot went over a few of the projects that would need to be done with the widening with the Committee. Mayor Prochaska has recommended this list go to the Grant writer to see if any other funding could be found to help with this cost. The Committee added some items to Mr. Wywrot's list that they thought should be done along with the widening as well. They also discussed the idea of setting aside funds now to help with this cost since they know the work will not begin for a couple of years. Mr. Wywrot stated that he will receive back IDOT's comments by next week and all of these ideas will be looked into. This will go on to COW on May 3rd as informational purposes. 6. Nicor—EasyStreet Linking Agreement: Mr. Wywrot stated to the Committee that this agreement would be necessary for the Public Works Department to have access to look up where Nicor's facilities are located. Knowing where the facilities are is beneficial for design and some maintenance projects. They would need to designate which two people the City would like to have access to this information. At this time Mr. Wyeth is still currently looking the agreement over and will let Mr. Wywrot know of any problems he may have with the agreement. Mr. Wywrot stated that he is recommending the City continue with this agreement if everything is found to be okayed by Mr. Wyeth. This will move on to COW on May 3rd as consent agenda with Mr. Wyeth's approval. 7. 2005 In-Town Road Program—Results of Bid Opening: Mr. Wywrot stated that only one bid was from Aurora Blacktop. Their bid was for $659,419.35 2 Page 3 of 4 which was well under the Engineer's estimate of$1,076,575.50. This will move on to COW on May 3rd to award the bid with the recommendation of this Committee. 8. 2005 Project Bid Schedule: Mr. Wywrot stated he is providing this schedule to the Committee as FYI to show how he has scheduled projects for the year coming up. The Committee agreed the schedule was a good idea and approved. 9. 305 W.Kendall Drive Sewer Problem: Eric Dhuse explained to the Committee that at this address the City service line from the main to the property line was installed improperly. The service was actually back pitched towards the home. The public works department has tried to find alternative solutions to correct this problem but has found the only correction that can be made is for the City to pay to install an injector pit in the home at the City's expense and then the home owner would be in agreement to handle all costs of maintenance or replacement from then on. The homeowner has agreed to this and John Wyeth is presently setting up the agreement. Mr. Wywrot explained to the Committee that this is one of the things that the City Inspectors usually checks to make sure is working properly during building, but there are not always enough inspectors to check everything. They do not foresee this being a reoccurring expense for the City. The Committee agreed to send this on to COW for discussion with the consensus to order the injector pit needed for the owner to get the work started by the 3rd week in May. Old Business: 1. Non-Residential Landscape Irrigation Policy—PW 2/28/05 & 3/28/05: Mr. Wywrot stated to the Committee that he has reviewed various sites to determine size and also criteria for limiting large-scale irrigation using City water. Due to the big range in property sizes, he is recommending that for multi-family or non-residential developments the City should establish a limit of 1.0 acre for individual lots with single buildings, and 3.0 acres for developments with multiple buildings. This policy is what has come of the discussions from the two previous PW meetings and will help with developers coming in and wanting to use City water to irrigate large areas of land. The Committee discussed the pros or cons of allowing wells to be dug as well. They concluded that private wells being dug will be subject to City approval. Mr. Wywrot will revise policy per the conversation and get out when finished. This will go on to COW on 5/3/05 for discussion. Additional Business: • Eric Dhuse stated that there were 2 water main breaks today and the guys at public works did a great job handling the situations. • Mayor Prochaska stated that he has had a request from some people regarding the roadway just patch Collins Ridge where the roadway has broken away. He is wondering if the public works department could do some sort of cold patch to the 3 Page 4 of 4 roadway until the road work is to be completed. Eric stated that they will look into that. • Mayor Prochaska asked if Eric Dhuse had looked into solar street lights yet. Eric responded that he was starting to receive information and they are a bit more expensive than regular lights. These would be used in areas like at the end of Appletree Court where there is no way to get electric. The solar lights would be the same wattage and array as what the City presently has,just a higher cost. He is still waiting on more information. • Alderman Sticka asked if Alan Norton's request for reduction was on an agenda coming up. Mr. Wywrot stated this would be discussed at the next COW agenda. The meeting was adjourned at 8:15 pm. Minutes by: Sheila Teausaw 4 17:4- ,sts) co o United City of Yorkville Memo 800 Game Farm Road EST.14 Eisam 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 P� «, o Fax: 630-553-3436 10E % >' Date: April 22, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: Traci Pleckham, Finance Director Liz D'Anna, Deputy City Clerk Subject: In-Town Road Program Roadway Contract Construction Inspection Attached find one copy of the proposed engineering agreement for construction inspection for the Phase 1 roadway contract of the In-Town Road Program. The proposal, for an estimated amount of$89,386.25, is to provide staking and inspection services for roadway construction on Center Street,East Main Street, Colton Street, and Liberty Streets. I recommend that this proposal be accepted. Even though we just opened the roadway construction bids today, we have some time to approve this agreement because the sewer project won't be complete until June. I recommend that this item be placed on the Public Works Committee agenda of May 23, 2005 for consideration. If you have any questions regarding this matter, please see me. r d .%-f,l-cf-r Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors April 20, 2005 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: 2005 In-Town Road Improvement Project Roadway Construction Observation and Staking Job No. YORK-050141-6 YORK-050141.01-5 Dear Mr. Wywrot: Enclosed please find one original and one copy of the Proposal Agreement for Construction Observation and Construction Staking for the subject project. We look forward to continuing our relationship with the City and participating in the successful completion of the 2005 In-Town Road Improvement Program. Also enclosed is a proposal from PSI for Construction Materials Testing and Inspection Services. This will be a direct contract between the City of Yorkville and PSI. If acceptable, please execute the proposal and return to PSI. Please call me if you have any questions. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. Donald J. Ryba, P.E. Technical Manager/Senior Construction Manager JFHIj mk Enclosure L:\Jobs\Smith\2005\050141 Yorkville Rd Program Observation\administration\contract\050141-Cover Letter-crf- 041805.doc 759 John Street,Yorkville,IL 60560 ww-w smithengineering.com Telephone 630.553.7560 Fax 630.553.7646 Smith Engineering Consultants, Inc. Ygt fie, Civil/Structural Engineers and Surveyors PROPOSAL/AGREEMENT Mr. Joe Wywrot City Engineer The United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Phone: 630-553-4340 Fax: 630-553-7575 CONSTRUCTION OBSERVATION/ STAKING SERVICES FOR 2005 IN-TOWN ROAD IMPROVEMENT PROJECT Job No. YORK-050141-6 YORK-050141.01-5 April 18, 2005 Prepared by: Donald J. Ryba, P.E. Technical Manager/Senior Construction Engineer Reviewed by: Peter J. Huinker, P.E. Director—Yorkville Operations 759 John Street,Yorkville,IL 60560 www.smithengineering.com Telephone 630.553.7560 Fax 630.553.7646 c+'l� Mr. Joe Wywrot United City of Yorkville 2005 In-Town Road Improvement Program YORK-050141-6 YORK-050141.01-5 April 20, 2005 Page 2 Project Understanding The City of Yorkville is seeking construction engineering services and construction staking services to observe and stake the road improvement program as detailed in the plans and specifications prepared by Smith Engineering Consultants Inc. (SEC) under a separate contract. The roads to be improved are as follows: • Main Street—Bridge Street to Bruell Street • Center Street—West Street to Liberty Street • Liberty Street—Main Street to Park Street • Colton Street—Main Street to Somonauk Street These improvements include the partial excavation and widening to a constant width of these streets, pulverizing and shaping of the base, placement of bituminous concrete and shoulder stone and final restoration of the disturbed areas. Construction engineering services for the associated drainage improvements will be submitted under a separate contract. With the project located in a residential area, interaction and cooperation with the affected residents is critical to the success of the project. Scope of Work Several assumptions were necessary to determine the hours necessary to successfully complete the project. Based on appropriate production rates it is assumed that a project duration of sixteen weeks is sufficient to complete the proposed work. It is further assumed that one construction engineer will be on-site full-time during all major construction activities. The following items will be performed as part of this proposal: • SEC shall attend the Preconstruction Conference with the City, Contractor and other applicable parties. Meeting minutes will be prepared and distributed to all in attendance. • SEC Surveying personnel shall provide all construction staking for the project and establish all base lines and benchmarks necessary for locating the principal components of the work and mark project limits and limits of removal. The SEC construction 3rFi'c' g. “P* {r e'& Mr. Joe Wywrot United City of Yorkville 2005 In-Town Road Improvement Program YORK-050141-6 YORK-050141.01-5 April 20, 2005 Page 3 engineering staff will be capable of and equipped with sufficient survey equipment to check the accuracy of the Contractor's construction activity and determine whether the work is proceeding in accordance with the approved plans. • SEC's construction engineering personnel shall be on-site to observe the progress and quality of the executed work and determine if the work is proceeding in accordance with the Contract documents. During the construction of major items, full-time observation is warranted. Major items include all roadway excavation(including unsuitable removal and replacement) and widening, the construction of curb and gutter, sidewalks and driveways, the pulverizing and shaping of the existing roadway, placement of all bituminous concrete and aggregate shoulders. • SEC shall keep the City informed of the progress of the work(submit field reports), guard the City against defects and deficiencies in the work, advise the City of all observed deficiencies of the work and disapprove or reject all work failing to conform to the Contract documents • SEC shall prepare payment requisitions and change orders. It is anticipated that one pay estimate per month will be processed along with any necessary change orders. • Conduct final inspection with the City and prepare a final list of items to be corrected(punch list). SEC shall not supervise, direct, or have any control over the Contractor's work, nor shall SEC have any responsibility for the construction means, methods, techniques, sequences, or procedures selected by the Contractor. Also, SEC is not responsible for the Contractor's safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the Contractor. SEC shall not be responsible for any acts or omissions of the Contractor, Subcontractor, any entity performing any portion of the work, or any agents or employees of any of them. SEC does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its work in accordance with the City Approved Engineering Improvement Plans, or any applicable laws, codes, rules, or regulations. 4.. Mr. Joe Wywrot United City of Yorkville 2005 In-Town Road Improvement Program YORK-050141-6 YORK-050141.01-5 April 20,2005 Page 4 Scope of Work— Construction Staking YORK 050141.01-5 1. Project Coordination— Coordination of staking activities will be through a representative of the United City of Yorkville. 2. Stakeout Preparation—A digital CAD file and"For Construction" design plans prepared by SEC will be utilized to assist in preparing the locations for stakeout. 3. Driveway Culvert Staking— Staking of proposed culverts as shown on the final engineering plans. Each end of the culverts will be marked with an offset stake and cut or fill to proposed invert elevation. 4. Roadway Staking— Staking of approximately 8,100 feet of roadway. Edge of pavement or back of curb staking at 50' intervals on each side of Center, Main, Colton and Liberty Street marked with a three (3) foot offset and a cut or fill to finished grade. ***Staking items not listed above will be determined and scheduled by the United City of Yorkville representative and billed on a Time and Material basis. Services not Included in the Contract All material testing, quality control, compaction testing, and geotechnical engineering services are not included in this Contract; however, these services can be provided by others under a separate Contract. X_ _.rte Mr. Joe Wywrot United City of Yorkville 2005 In-Town Road Improvement Program YORK-050141-6 YORK-050141.01-5 April 20, 2005 Page 5 Man-hour and Fee Summary Based upon our understanding of the project, we believe a maximum of 942 hours will be required to complete the project. Following is a summary of the man-hour estimate and costs associated with this project. ITEM MAN-HOURS LABOR COST DIRECT COST Construction Engineering(-6) 628 $59,660.00 $ 216.25 Construction Staking(-5) 220 $19,210.00 $ 1,000.00 Project Administration(-6) 94 $ 9,300.00 Sub-Total 942 $88,170.00 $ 1,216.25 TOTAL $89,386.25 } la: Mr.Joe Wywrot United City of Yorkville 2005 In-Town Road Improvement Program YORK-050141-6 YORK-050141.01-5 April 20, 2005 Page 6 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. Construction Observation SEC shall visit the project at appropriate intervals(as described in the scope of services)during construction to become generally familiar with the progress and quality of the contractors'work and to determine if the work is proceeding in general accordance with the Contract Documents. The CLIENT has not retained SEC to make detailed inspections or to provide exhaustive or continuous project review and observation services. SEC does not guarantee the performance of,and shall have no responsibility for,the acts or omissions of any contractor,subcontractor,supplier or any other entity furnishing materials or performing any work on the project. If the CLIENT desires more extensive project observation or full-time project representation,the CLIENT shall request such services be provided by SEC as Additional Services in accordance with the terms of the Agreement. Attorneys'Fees In the event of any litigation arising from or related to the services provided under this AGREEMENT,the prevailing party will be entitled to recovery of all reasonable costs incurred,including staff time,court costs,attorneys'fees and other related expenses. Certificate of Merit The CLIENT shall make no claim for professional negligence,either directly or in a third party claim,against SEC unless the CLIENT has first provided SEC with a written certification executed by an independent design professional currently practicing in the same discipline as SEC and licensed in the State of Illinois. This certification shall: a)contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances;and c)state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to SEC not less than thirty(30) calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding. Standard of Care Services provided by SEC under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Job Site Safety Neither the professional activities of SEC,nor the presence of SEC'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. SEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT,SEC and SEC'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. t � amu. e Y Mr. Joe Wywrot United City of Yorkville 2005 In-Town Road Improvement Program YORK-050141-6 YORK-050141.01-5 April 20, 2005 Page 7 Ownership of Instruments of Service All reports,plans,specifications,field data,field notes,laboratory test data,calculations,estimates and other documents including all documents on electronic media prepared by SEC as instruments of service shall remain the property of SEC. SEC shall retain these records for a period of five(5)years following completion/submission of the records,during which period they will be made available to the CLIENT at all reasonable times. Failure to Abide by Design Documents or to Obtain Guidance The CLIENT agrees that it would be unfair to hold SEC liable for problems that might occur should SEC'S plans,specifications or design intents not be followed,or for problems resulting from others'failure to obtain and/or follow SEC'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing SEC'S plans,specifications or other instruments of service. Accordingly,the CLIENT waives any claim against SEC, and agrees to defend,indemnify and hold SEC harmless from any claim for injury or losses that results from failure to follow SEC'S plans, specifications or design intent, or for failure to obtain and/or follow SEC'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing SEC'S plans, specifications or other instruments of services. The CLIENT also agrees to compensate SEC for any time spent and expenses incurred by SEC'S prevailing fee schedule and expense reimbursement policy. Design Information in Electronic Form Because CADD information stored in electronic form can be modified by other parties,intentionally or otherwise,without notice or indication of said modifications,SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from each electronic medium not held in its possession. The CLIENT shall retain copies of the work performed by SEC in CADD form only for information and use by the CLIENT for the specific purpose-for which SEC was engaged. Said materials shall not be used by the CLIENT, or transferred to any other party, for use in other projects, additions to the current project,or any other purpose for which the material was not strictly intended by SEC without SEC'S express written permission. Any use or reuse of original or altered CADD design materials by the CLIENT,agents of the CLIENT,or other parties without the review and written approval of SEC shall be at the sole risk of the CLIENT. Furthermore,the CLIENT agrees to defend,indemnify, and hold SEC harmless from all claims,injuries,damages,losses,expenses,and attomey's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs,plans, and data stored on electronic media including,but not limited to computer disk and magnetic tape,may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT,therefore,agrees that SEC shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time SEC shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days,at the request of the CLIENT,SEC shall submit a final set of sealed drawings,and any additional services to be performed by SEC relative to the submitted electronic materials shall be subject to separate AGREEMENT. Dispute Resolution In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Consultant and CLIENT agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. If the dispute cannot be settled amicably,it shall then be settled by arbitration in the State of Illinois in accordance with the American Arbitration Associates. The Award of the arbitrator shall be conclusive and binding upon the parties. The CLIENT agrees,to the fullest extent permitted by law,to limit the liability of SEC and its subconsultants to the CLIENT for any and all claims,losses,costs,damages of any nature whatsoever or claims expenses from any cause or causes,including attorneys'fees and costs and expert witness fees and costs,so that the total aggregate liability of SEC and its subconsultants to all those named shall Mr. Joe Wywrot United City of Yorkville 2005 In-Town Road Improvement Program YORK-050141-6 YORK-050141.01-5 April 20,2005 Page 8 not exceed SEC'S total fee for services rendered on this project,whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. Hazardous Materials It is acknowledged by both parties that SEC'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of SEC'S services,SEC may,at its option and without liability for consequential or any other damages,suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s)or contractor(s)to identify,abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the job site is in full compliance with applicable laws and regulations. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. Payment 1. All work will be invoiced on a monthly basis. All invoices shall be paid within 45 days of the invoice date. Should the CLIENT fail to pay for professional services hereunder,as billed within 45 days of such billing, SEC shall be excused from rendering any further services under this project. No work shall be signed or sealed until payment in full is received. 2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. Inclement Weather In the event of a substantial weather system affecting the completion of the said project,SEC retains the right to renegotiate additional fees to cover time needed to complete the said project. Substantial weather conditions include but not limited to extensive rain,high winds,snow greater than two(2)inches and ice. Time Limit This AGREEMENT must be executed within thirty(30)days of the composition date to be accepted under the terms set forth herein. This contract shall expire one year from date of execution. Work cannot begin until we have your signed AGREEMENT. If this AGREEMENT merits your approval and acceptance,please sign both copies,retain one copy for your files and return one to our office. Mr. Joe Wywrot United City of Yorkville 2005 In-Town Road Improvement Program YORK-050141-6 YORK-050141.01-5 April 20,2005 Page 9 If you have any questions or comments, please feel free to contact our office. We sincerely appreciate this opportunity to offer our services. Sincerely, SMITH ENGINEERING CONS I- INC. Donald J. Ryba, P.E. Technical Manager/Senior Construction Engineer DJR/jmk Approved by: Peter J. Huinker, P.E. Title: Director—Yorkville Operations Date: Accepted by: Title: Date: Client: DJR/jmk L:Uobs\Smith\2005\050141 Yorkville Rd Program Observation\administration\contract\050141-Yorkville Road Program Proposal-djr-022105.doc . Information 'sTo Build On Engineering • Consulting • Testing April 13, 2005 Mr. Don Ryba Smith Engineering Consultants 759 John Street Yorkville, Illinois 60560 Re: Construction Materials Testing and Inspection Services • 2005 In Town Roadway Improvement Program Yorkville, Illinois PSI Number: 042-500075 (Revised 4/13/05) Dear Mr. Ryba: Professional Service Industries, Incorporated (PSI) is pleased to submit the following proposal to provide construction materials testing and inspection services for the above referenced project as per the February 25, 2005 telephone conversation between Mr. Don Ryba of Smith Engineering Consultants, Inc. and Mr. Timothy Dunne of PSI. PSI proposes to provide experienced, technical personnel to perform the requested testing in general accordance with the client-provided project specifications. The work will be accomplished on a unit price basis in accordance with the PSI Schedule of Services and Fees, and• will be performed pursuant to the PSI General Conditions. Copies of the PSI Schedule of Services and Fees and PSI General Conditions are enclosed herewith and incorporated into this proposal. PSI's fees will be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed. PSI will proceed with the planned work only after receiving a signed copy of this proposal. Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly established. • Professional Service Industries,Inc.•665 Tollgate Road, Unit H•Elgin, IL 60123•Phone 847/931-7110•Fax 847/931-7125 Smith Engineering Consultants, Inc. March 2, 2005 PSI appreciates the opportunity to offer its services to your project and looks forward to working with your company during the construction phase. PSI will contact you within five days to answer any questions concerning both this proposal and the services that PSI can provide your project. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jo J. :alun Branch I4anager JJB/sjj Attachments: Schedule of Services and Fees Project Data Sheet General Conditions AGREED TO THIS DAY OF , 2005 BY: TITLE: FIRM: r SCIHEDULE OF SERVICES AND FEES Total Units Cost per Unit Total Cost Overtime Units Cost per O.T. Unit Total Overtime Cost Subtotals COMPACTION CONTROL AND SUBGRADE INSPECTION Subgrade,Base Course and Bituminous Concrete 30 $49.00 $1,470.00 $ 1,470.00 Subtotal $ 1,470.00 P.C.C.CONCRETE BATCH PLANT AND FIELD TESTING Sidewalks,Driveways and Curbs 30 $ 49.00 $1,470.00 $ 1,470.00 Subtotal $ 1,470.00 BITUMINOUS CONCRETE SURFACE,BINDER AND BASE COURSE Bituminous Proportioning Plant Inspection—Per Hour 40 $ 49.00 $1,960.00 $ 1,960.00 LABORATORY SERVICES Subtotal $ 1,960.00 Compressive Strength Testing of Concrete Cylinders 20 $ 13.50 $ 270.00 $ 270.00 Asphalt Core Thickness and Density Test(cores cut by others) 4 $ 112.50 $ 116.50 $ 116.50 Bulk Specific Gravity of Gyratory Sample 4 $ 82.00 $ 328.00 $ 328.00 Specific Gravity of Mix 4 $ 102.50 $ 410.00 $ 410.00 ENGINEERING SERVICES Subtotal $ 1,124.50 Project Manager Report Review,Project Meetings and Consultation 4.5 $ 90.00 $ 405.00 $ 405.00 TRAVEL COSTS Subtotal $ 405.00 • Vehicle Charge 8 $ 52.50 $ 420.00 $ 420.00 Subtotal $ 420.00_ GRAND TOTAL $ 6,849.50 Smith Engineering Consultants, Inc. March 2, 2005 PROFESSIONAL SERVICE INDUSTRIES,INC. SCHEDULE OF SERVICES &feEES•CONSTRUCTION QUALITY CONTROL EFFECTIVE April 13,2005 Laboratory Testing Services Compression testing of concrete cylinders by ASTM procedures Per Cylinder$ 13.50 Pick-up of test cylinders and transportation to laboratory Within 25 miles radius of laboratory (greater distances will be billed hourly and mileage) .Per Trip $ 60.00 Density relationship of soils ASTM D698-AASHTO T99 (Standard) Each $ 182.00 ASTM D1557-AASHTO T180 (Modified) Each $ 204.00 Sample preparation for above tests Each $ 35.75 Asphalt Maximum Theoretical Specific Gravity Each $ 102.50 Bulk Specific Gravity Each $ 82.00 Ignition Oven Test Each $ 112.50 Extraction Test Each $ 110.00 Marshall Test Each $ 260.00 Core Thickness and Density Determination Each $ 23.50 Sieve Analysis Each $ 66.00 Services and fees for laboratory testing not listed will be quoted upon request. Field Testing Services Engineering Technician Services for Field Testing Sewer and Waterline Observations Concrete testing - batch plant Concrete testing-site Field density testing for compaction control Asphalt Testing- site Asphalt testing`- batch plant proportioning Shallow footing and subgrade inspection Post-tension inspection Reinforcing steel inspection Floor Flatness Testing Per Hour $ 49.00 Per Hour Overtime $ 68.50 Steel Inspection NDE Inspector Certified Welding Inspector Per Hour $ 60.00 Per Hour Overtime $ 90.00 Roofing Inspection Certified Welding Inspector Observation Per Hour $ 60.00 Per Hour Overtime $ 90.00 Equipment Charges Vehicle Charge-Per Trip... $ 52.50 Floor Flatness/Floor Levelness Gauge-Per Day $ 108.25 Nuclear Density Gauge-Per Day $ 32.50 Concrete Maturity Meter-Per Day $ 57.50 Pachometer-Per Day $ 57.25 Windsor Probe-Per Day (Probe Charge $35.00/Set 3) $ 57.50 Coring Services P.C. Concrete or Bituminous Concrete Coring-Personnel & Equipment Per Hour $ 135.00 Diamond Bit Charge, per inch diameter per inch depth $ 2.50 Engineering Services Engineering Services for test evaluation, report preparation, contract administration, job site meetings and consultation. Chief Engineer Per Hour.... $ 160.00 Principal Consultant Per Hour.... $ 130.00 Project Manager/Engineer Per Hour.... $ 90.00 Staff/Field Engineer Per Hour.... $ 75.00 Smith Engineering Consultants, Inc. March 2,2005 Remarks 1. All fees and services are provided in accordance with the attached PSI General Conditions. 2. Unit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter. 3. Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday, before 8:00 AM or after 5:00 PM, and for all hours worked on Saturdays, Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. 4. All rates are billed on a portal-to-portal basis. 5. Standby time due to delays beyond our control will be charged at the applicable hourly rate. 6. Transportation and per diem are charged at the applicable rates. 7. Rates involving mileage(including transportation,mobilization,vehicle and trip charges)are subject to change based upon increases in the national.average gasoline price. 8. A minimum charge of 4 hours applies to field testing and observation services. 9. Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge. 10. For all PSI services,a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. I I. The minimum billing increment for time is a half hour. 12. A project set-up charge of a minimum of two hours applies to all projects. 13.. Professional Services rates are exclusive of expert deposition or testimony time. 14. All laboratory analysis shall be performed by PSI laboratories or by laboratories participating in PSI's QA/QC program and approved as such. 15. Drilling and field service rates are based on OSHA Level D personnel protection. 16. For sites where drilling is to occur that are not readily accessible to a truck-mounted drill rig, rates for rig mobility,site clearing,crew stand-by time,etc.will be charged as applicable. 17. Computer,fax,copies,etc.will be charged at a minimum rate of three percent of the total project fee. 18. Services and fees not listed on this schedule may be quoted on request. Smith Engineering Consultants, Inc. March 2, 2005 PSI GENERAL CONDITIONS I.PARTIES AND SCOPE OF WORK: Professional Service Industries,Inc.(hereinafter referred to as"PSI")shall include said company or its particular division,subsidiary or affiliate performing the work. "Work"means the specific geotechnical,analytical,testing or other service to be performed by PSI as set forth in PSI's proposol,Clien(s acceptance thereof and these General Conditions. Additional work ordered by Client shall also be subject to these General Conditions. "Client"refers to the person or business entity ordering the work to be done by PSI. If Client is ordering the work on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of PSI's work. PSI shall have no duty or obligation to any third party greater than that set forth in PSI's proposal,Client's acceptance thereof and these General Conditions. The ordering of work from PSI,or the reliance on any of PST's work,shall constitute acceptance of the terms of PSI's proposal and these General Conditions,regardless of the terms of any subsequently issued document. 2.TESTS AND INSPECTIONS: Client shall cause all tuts and inspection of the site,materials and work performed by PSI or others to be tinsel).and properly performed in accordance with the plans. specifications and contract documents and PSI's recommendations. No claims for loss,damage or injury shall by brought against PSI by Client or any third party unless all tests and inspections have been so performed and unless PSI's recommendations have been followed. Client agrees to indemnify,defend and hold PSI,its officers,employees and agents harmless front any and all claims,sults,losses.costs and expenses,including,but not limited to,court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or PSI's recommendations arc not so followed except to the extent that such failure is the result of the negligence,willful or wanton act of omission of PSI,its officers,agents or employees,subject to the limitation contained in paragraph 9. 3,SCHEDULING OF WORK:The services set forth in PSI's proposal and Client's acceptance will be accomplished in a timely,workmanlike and professional manner by PSI personnel at the prices quoted. If PSI is required to delay commencement of the work or if,upon embarking upon its work,PSI is required to stop or interrupt the progress of its work us a result of changes in the scope of the work requested by Client,to fulfill the requirements of third parties,interruptions in the progress of construction,or other causes beyond the direct reasonable control of PSI,additional charges will be applicable and payable by Client. 4.ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for PSI to perform the work. PSI shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment:however,PSI has not included in its fee the cost of restoration of damage which may occur. If Client desires or requires PSI to restore the site to its former condition,upon written request PSI will perform such additional work as is necessary to do so and Client agrees to pay PSI for the cost. 5.CLIENT'S DUTY TO NOTIFY ENGINEER:Client represents and warrants that it has advised PSI of any known or suspected hazardous materials,utility lines and pollutants at any site at which PSI is to do work hereunder,and unless PSI has assumed in writing the responsibility of locating subsurface objects,structures,lines or conduits. Client agrees to defend,indemnify and cove PSI hamless from all claims.suits. loses costs and expenses,including reasonable attorney's fees as a result of personal injury,death or property damage occurring with respect to PST's performance of its work and resulting to or caused by contact with subsurface of latent objects,structure's,lines or conduits where the actual or potential presence and location thereof were not revealed to PSI by Client. 6.RESPONSIBILITY: PSI's work shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction. PSI shall not be responsible for evaluating.reporting or affecting job conditions concerning health,safety or welfare. PSI's work or failure to perform same shall not in any way excuse any contractor,subcontractor or supplier from performance of its work in accordance with the contract documents. PSI has no right or duty to stop the contractor's work. 7.SAMPLE DISPOSAL: Unless otherwise agreed in renting, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty(60) days after submission of PSI's report. S.PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted under applicable law),until paid. Client agmen to pay PSI's cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attorney's fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement,any provision wherein PSI waives any nghts to a mechanics'lien,or any provision conditioning PSI's right to receive payment for its work upon payment to Client by any third party.These General Conditions am notice,where required,that PSI shall file a lien whenever necessary to collect past due amounts. Failure to make payment within thirty(30)days of invoice shall constitute a release of PSI from any and all claims which Client may have,whether in tort,contract or otherwise and whether known or unknown at the time. 9.WARRANTY: PSI'S SERVICES WILL BE PERFORMED,ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL,CLIENT'S ACEPTANCE THEREOF,THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES,PSI WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS,EITHER EXPRESSED OR IMPLIED. STATEMENTS MADE M PSI REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGEMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD PSI OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK,OR TO HAVE MADE AND BREACHED ANY • EXPRESSED OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT,ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK,AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI,ITS OFFICERS,EMPLOYEES AND AGENTS SHALL BE LIMITED TO 525,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT,WHICHEVER AMOUNT IS GREATER_ IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITY IN ACORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH,CIENT MAY,UPON WRITTEN REQUEST OF CLIENT RECIVED WITHIN FIVE (5)DAYS OF CLIENT'S ACCEPTANCE HEREOF,INCREASE THE LIMIT OF PSI'S LIABILITY TO 5250,000.00 OR THE AMOUNT OF PSI'S FEE, WHICHEVER IS THE GREATER. BY AGREEING TO PAY PSI A SUM EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5%OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES. THIS CHARGE IS NOT BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE,BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY EVENT,ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE AND ONLY ONE(I)SUCH AMOUNT WILL APPLY TO ANY PROJECT. NO ACTION OR CLAIM,WHETHER IN TORT,CONTRACT OR OTHERWISE,MAY BE BROUGHT AGAINST PSI,ARISING FROM OR RELATED TO PSI'S WORK,MORE THAN TWO(2)YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER. 10.INDEMNITY: Subject to the foregoing limitations,PSI agrees to indemnify and hold Client harmless from and against any and all claims,suits,costs and expenses including reasonable attorney's fees and court costs arising out of PSI's negligence to the extort of PSI's negligence. Client shall provide the same protection to Ore extent of its negligence.in the event that Client or Client's principal shall bring any suit cause of action,claim or counterclaim against PSI,the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate,answer and defend it,including reasonable attomcy's and witness fees and court costs to the extent that PSI shall prevail in such suit. • I I.TERMINATION: This Agreement new be terminated by either party upon seven(7)days'prior written notice. In the event of termination,PSI shall be compensated by Client for all services performed up to and including the termination date,including reimbursable expenses and for the completion of such services and records as arc necessary to place PSI's files in order and/or protect its professional reputation. 12.EMPLOYEES/WITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay PSI's legal expenses,administrative costs and fees pursemnt to PST's then current fee schedule for PSI to respond to any subpoena. Client agrees not to hire PSI's employees except through PSI. In the event Client hires a PSI employee,Client shall pay PSI an amount equal to one-half of the employee's annualized salary,with PSI waiving other remedies it may have. 13,HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status of an owner,operator,generator,starer,lronsporter,treater or disposal facility as those terms appear within RCRA of within any Federal or State statute or regulation governing the generation,transportation,treatment,storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation goveming the handling,treatment.storage and disposal of pollutants. 14,PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable,it shall be stricken and the remaining provisions shall be enforceable. 15.ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the partes,and there arc no representations,warranties or undertakings made other than as set forth herein. This agreement may be amended,modified or terminated only in writing,signed by each of the partes hereto. Smith Engineering Consultants, Inc. March 2, 2005 PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order.No.: 4. Project Manager: Telephone No.: 5. Number and Distribution of Reports: • ( ) Copies To: ( ) Copies To: Attn: Attn: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7. Site Contact: Telephone No.: 8. Other pertinent information: N1_} (._,c to , o� United City of Yorkville Memo 800 Game Farm Road EST4 ° `' 1836 Yorkville, Illinois 60560 Telephone: 630-5538545 t� p Fax: 630-553-3436 _LCE wNe Date: May 11, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Liz D'Anna, Deputy City Clerk Subject: IDOT Highway Permit—Windett Ridge Attached find one copy each of a proposed resolution for the IDOT highway permit for roadway construction in the Route 47 right-of-way for the Windett Ridge Subdivision. The permit will allow construction of left-hand turn bays on Route 47 at Legion Road and at the new intersection of Route 47 and Fairfax Way. I recommend that this permit application and corresponding resolution be approved. Please place this permit and resolution on the Public Works Committee agenda of May 23, 2005 for conssideration. r,r�,(' ` ; Q Illinois Department of Transportation Highway Permit District Serial No. PMT442ac/L-9059 United City of Yorkville and Windett Ridge (We) do Siebert Engineering 261 Eisenhower Lane South (Name of Applicant) (Mailing Address) Lombard IL 60148 Hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known IL Route 47 Section From Station *. to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: Located South of IL Route 71. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, a subdivision entrance and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. Aggregate material shall be obtained from a State approved stock pile and shall be: SUB-BASE GRANULAR MATERIAL TYPE A (CA-6 Gradation). This work shall be done according to the cross section shown on the attached sketch, and at no place between the edge of the pavement and the ditch line shall the drive be higher than the edge of pavement. (SEE THE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this Day of 20 05 Witness Signed Applicant 800 Game Farm 'Road 800 Game Fang Road Mailing Address Mailing Address Yorkville Illinois; 60560. Yorkville. I'llneis• 60560 City State City State SIGN AND RETURN TO: District Engineer 700 East Norris Drive, Ottawa, IL 61350 Approved this day of 20 Department of Transportation CC:Applicant(2) Field Engineer Final Inspection BY: Deputy Director of Highways,Region Engineer • First: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the District Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the District Engineer. Third: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose of, nor will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or over hanging the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the District Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions, repairs and relocation's within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of- way, the Applicant, upon written request by the District Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth: The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. SPECIAL PROVISIONS The State right-of-way shall be left in good condition. (No advertising matter shall be placed on the State right- of-way). All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the District Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The Department reserves the right to reject or accept any contractor hired by the applicant. No person, firm, corporation or institution, public or private, shall discharge or empty any type of sewage, including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids, or cause the same to be discharged or emptied in any manner into open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purposes. The excavation under the pavement shall be replaced with controlled low strength material, and the pavement replaced in accordance with pavement replacement details. All excess material shall be removed from the highway right-of-way. All excavations shall be promptly backfilled, thoroughly tamped and any excess material removed from the State right-of-way (including rock exposed during backfilling operations). Mounding or crowning of backfill will not be permitted. Excavation adjacent to the edge of pavement shall be shored to prevent caving if the distance is less than ten (10) feet plus the depth of excavation from the edge of pavement. All material or equipment stored along the highway shall be placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on the highway right-of-way for more than two weeks prior to installation, written approval must be obtained from the Department. onrrAAn-„n nn=n RESOLUTION WHEREAS, the United City of Yorkville located in the county of Kendall, state of Illinois, wishes to construct a subdivision access and related improvements adjacent to IL Route 47 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said Department is required before said work can be legally undertaken by said United City of Yorkville; now THEREFORE, be it resolved by the United City of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the proposed subdivision access by the contractor and acceptance by the city, the city guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the contractor to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed work** is not, (delete one) to be performed by the employees of the United City of Yorkville. FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville. I, , hereby certify the above to be a (City or Village Clerk) true copy of the resolution passed by the City Council, county of Kendall, State of Illinois. Dated this day of A.D. 20 (Signature) (CORPORATE SEAL) RESOLUTION N61 `ct,o co. o United City of Yorkville Memo ,; � '" 800 Game Farm Road EST. T'" ' -, °morn 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 op L ' p Fax: 630-553-3436 Date: May 11, 2005 To: Tony Graff, City Administrator - From: Joe Wywrot, City Engineer , , CC: John Wyeth, City Attorney Liz D'Anna, Deputy City Clerk Subject: IDOT Highway Permit— 5th— 3rd Bank Attached find one copy each of a proposed IDOT highway permit and the corresponding resolution for public sidewalk construction in the Route 34 right-of-way in front of 444 E. Veterans Parkway. This property is currently being developed as a bank. IDOT has a new statewide policy regarding highway permits. Previously permits would only be issued to the city if the work was being funded by the city or the permit was for the construction of a new public street that intersected with a state highway. In those instances, IDOT allowed the city to pass a resolution (in lieu of a bond) guaranteeing that the work would be done properly. The new policy is that for all work within state right- of-way, regardless of whether it is public or private, the permit will be issued to the city. IDOT requires a resolution from the city to guarantee the work, and will not accept a bond. While we do not have a corresponding bond from the developer to protect us, we can require one at the time the certificate of occupancy is requested if the work is not complete and/or if IDOT has not approved the construction. I recommend that this permit application and corresponding resolution be approved. Please place this permit and resolution on the Public Works Committee agenda of May 23, 2005 for consideration. V /7/92 Illinois Department of Transportation Highway Permit District Serial No. PMT420ac/L-9766 City of Yorkville (We) c/o Fifth 3rd Bank and Manhard Consulting Ltd. 2050 South Finley Road, Suite 50 (Name of Applicant) (Mailing Address) Lombard IL 60148 Hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known US Route 34 Section , From Station to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: Located East of IL Route 47. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, sidewalk and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. The State right-of-way shall be left in good condition. (No advertising matter shall be placed on the State right- of-way). • All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. (SEE THE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this y • f i1,1_ 20 65 Witness Signed ' • 7. F; /r1 i/"d//ga444 Applic t I 110/ Go g' kad NSD Gi2LM Be Mailing Address Mailing Address ko/Iinq Me Inuis / /L (p000b City State j City State SIGN AND RETURN TO: District Engineer 700 East Norris Drive, Ottawa, IL 61350 Approved this day of 20 Department of Transportation CC:Applicant(2) Field Engineer Final Inspection BY: Deputy Director of Highways,Region Engineer irst: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and \� hall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to iat existing before the commencement of the described work, including any seeding or sodding necessary. second: The proposed work shall be located and constructed to the satisfaction of the District Engineer or his my authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way ✓ithout the written permission of the District Engineer. 'hird: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular nd pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable squirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is aquired elsewhere in the permit. All signs, barricades, flaggers, etc., required for traffic control shall be arnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, -dependence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight ours. 'ourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose of, or will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or over ganging the right-of-way shall be prohibited. fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason If the exercise of this permit. >ixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without le approval of the District Engineer or his duly authorized representative. seventh: The State reserves the right to make such changes, additions, repairs and relocation's within its tatutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at my time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the Highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, i the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of- ✓ay, the Applicant, upon written request by the District Engineer, shall perform such alterations or change of Dcation of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such Iterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release ne Applicant from compliance with the provisions of any existing statutes or local regulations relating to the :onstruction of such work. Jinth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for access Driveways to State Highways." If, in the future, the land use of property served by an access driveway lescribed and constructed in accordance with this permit changes so as to require a higher driveway type as lefined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be equired to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the accommodation of Utilities on Right-of-Way of the Illinois State Highway System." "enth: The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and rinds and obligates himself to perform the operation in accordance with the description and attached sketch and abide by the policy regulations. SPECIAL PROVISIONS Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the District Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under.the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The Department reserves the right to reject or accept any contractor hired by the applicant. PMT420ac/L-9766 RESOLUTION WHEREAS, the City of Yorkville located in the county of Kendall, state of Illinois, wishes to make sidewalk improvements along US 34 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said Department is required before said work can be legally undertaken by said City of Yorkville; now THEREFORE, be it resolved by the City of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the proposed sidewalk improvements by the developer and acceptance by the City, the City guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the City will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The City will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed work*, is not, (delete one) to be performed by the employees of the City of Yorkville. FOURTH: That the proper officers of the City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the City of Yorkville. , hereby certify the above to be a (City or Village Clerk) true copy of the resolution passed by the City Council, county of Kendall, State of Illinois. Dated this day of A.D. 20 (Signature) (CORPORATE SEAL) RESOLUTION Alifl 11 dc*v C/).1. ir o United City of Yorkville Memo ' "1"11.71...... '" 800 Game Farm Road .s EST.kv mow 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 t� L — 0 Fax: 630-553-3436 14CE IN-N/ Date: May 4, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer . U CC: John Wyeth, City Attorney Liz D'Anna, Deputy City Clerk Subject: IDOT Highway Permits We are beginning to receive a steady stream of IDOT highway permit applications related to various developments around town. Some are for substantial improvements like adding turn bays, but many are for very minor items like sidewalk construction. IDOT has changed their policy regarding these minor permits. In the past the permit would be issued to the private developer, but now IDOT is requiring that the city be the permittee. This requires that the city pass a resolution guaranteeing the satisfactory completion of the project. If the development does not include the subdivision of land, we cannot require the developer to establish a bond for the work. In order to help streamline the permitting process, I recommend that we establish a policy that allows the permit application and the resolution to go straight to the Committee of the Whole. I also recommend that we require the developer to establish a bond or letter of credit for the work in the state right-of-way, and that we not send the permit application and resolution to DOT until that bond or letter of credit is received. Please place this item on the Public Wo ommittee agenda of May ., 2005 for consideration. .I, Ni ) 7r,r .,t° c'ry � o United City of Yorkville Memo u 1 n., 800 Game Farm Road EST, u'1__1836 Yorkville, Illinois 60560 -�� Telephone: 630-553-8545 tti-o ` p Fax: 630-553-3436 Date: May 13, 2005 To: Tony Graff, City Administrator pp � From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Liz D'Anna, Deputy City Clerk Subject: Autoserve Carwash— Sidewalk Agreement Attached find one copy of a proposed agreement regarding public sidewalk along the Route 47 frontage of this property, which is located between Countryside Parkway and Menard Drive. The agreement is similar to other agreements that we have entered into recently to delay construction of the sidewalk until walk is constructed along the adjacent property, when the property is sold, or when the city requests that the walk be constructed I recommend that this agreement •e approved. Please place this item on the May 23, 2005 Public Works Committ- genda for consideration. 0 5/,# STATE OF IT,LINOIS ) COUNTY OF KENDALL ) SIDEWALKS INSTALLATION COVENANT WHEREAS,the undersigned,DCS Starker,L.L.C.,an Illinois limited liability company,with offices at 5414 Hill Road, Richmond, IL 60071 (hereinafter referred to as Owner), is the owner of the property and Schiller/Weidner will be the developer of the property described in the Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, said property located at and known as Lot 6 of the Menard's Commercial Commons, Yorkville, in the United City of Yorkville, Kendall County, Illinois, in the zoned B-3 District; and WHEREAS, the United City of Yorkville has heretofore issued a building penult for the constriction of improvements on said Property and, incidental thereto, requiring the installation of sidewalks along the Western frontage of the Property adjacent to U.S. Route 47; and WHEREAS, at the present time,plans fo the reconstruction of U.S. Route 47 by the Illinois Department of Transportation mayaffect the p pfrontage of the Property adjacent to U.S.Route 47, and the undersigned, as the owner, have requested of the United City of Yorkville that they be permitted to defer the installation of the sidewalks; and WHEREAS,the United City of Yorkville has agreed to allow Owner/Developer to delay and defer the installation of the sidewalk on the Property in further accordance with the provisions of this Covenant. NOW, THEREFORE, the undersigned DCS Starker L.L.C. and Schiller/Weidner, do herewith covenant and agree with the United City of Yorkville that, in consideration of the City issuing the Building peiinit for the commercial building located on the real property described in Exhibit A, that the undersigned, or their heirs, successors or assigns, shall cause sidewalks to be installed along the Western frontage of the property, in accordance with the Ordinances and guidelines of the United City of Yorkville, then in effect, regulating the installation of sidewalks, upon the happening of the first of the following events: (a) at such times as sidewalks are installed up to their property line on the adjacent property to the North,or(b) prior to the closing of the sale of the real estate by the Seller to any third party, or (c) within six (6) months of written request by the United City of Yorkville for the installation of sidewalks. This Covenant shall run with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their heirs, successors and assigns. IN WITNESS WHEREOF, the undersigned have executed this Covenant this day of , 2005. OWNER: •, c _ DCS Starker L.L.C. By: Donald C. Stinespring Its: Manager IEVELU Mark Schiller Ronald Weidner APPROVED and ACCEPTED: UNITED CITY of YORKVILLE By: City Administrator N11))-4"-&, ,ct.0 Co. o United City of Yorkville Memo 800 Game Fann Road EST.k `" °` 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Villorp Fax: 630-553-3436 CCE ,vv Date: May 16, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: Liz D'Anna, Deputy City Clerk Subject: Rob Roy Creek Interceptor—Change Order#3 Attached find one copy of proposed Change Order#3 for the referenced project. This change order, in the amount of an $8659.25 increase, is for supply, grading, and special seeding topsoil in the eastern area of the project. When we began this work, we found very little topsoil in the heavily wooded area near Blackberry Creek. Since this area is to be restored with grass, more topsoil was needed to help support that plant growth. I recommend that this change order be approved. Please place this item on the May 23, 2005 Public Works Committee agenda for consideration. WALTER E. DEUCHLER ASSOCIATES INC. Consulting Engineers 230 WOODLAWN AVENUE • TELEPHONE (630) 897-4651 • FAX (630) 897-5696 AURORA, ILLINOIS 60506 April 20, 2005 Mr. Joe Wywrot City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Change Order No. 3 Rob Roy Creek Interceptor- Contract No. 1 W.E.D.A. Job #788-04050-01 Dear Joe: We are finalizing the restoration of the Rob Roy Creek Interceptor- Contract 1 and are recommending that the City Council approve Change Order No. 3 in the amount of $8659.25 for the following work not included in the Contract Documents: Because of lack of top soil and clay on the wooded far east side of the project, 15 truck loads of top soil were brought on site, graded and special seeded because of the high content of sand underneath the layer of top soil. We trust this Change Order will be approved by the City, and should you have any questions or require additional infoihiation, please contact the undersigned. Very truly yours, TvyLTLT LLTUT'T-TILER AS JCrTlT1J3S, TxT/' Philipp:: F. Moreau, P.E. PFM/mw Encl. cc: Karen Tenuta, Glenbrook Excavating • Water Works and Sewerage • Buildings and Structures • Design and Construction • Streets and Street Lighting • Investigations and Reports • Project Financing P _ Ol Am-20-05 11 : 03 HPP.20.2005 9:=3 M WALTER DEUCHLEP INC N0,926 P.2/2 CHANGE ORDER Order No. 3 Date 04-20-05 Agreement Date: NAME OF PROJECT: ROB ROY CREEK INTERCEPTOR, CONTRACT 1 OWNER: UNITED CITY OF YORKVILLE, CONTRACTOR: GLEISBROOK EXCAVATING& CONCRETE, INC. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Time extension di.e to delays in awarding the Contract, Original CONTRACT PRICE: $ 956,582.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDERS 965.582.57 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (liceren ) by: S 8,659.25 The new CONTRACT PRICE including this CI-IANGE ORDER will be $ 974241.82 Change to CONTRACT TIME: Original completion date: April 30, 2005 The CONTRACT TIME will be (increased) (decreased)by 0 calendar days. The date for completion of all work is June 30, 2005 (Date). Requested by: Walter E. Deuchler As o i, -. Inc_ —"guI�_I, Accepted by: Glenbrook Excavating &Concrete. Inc. — 1 ` Approved by: Federal Agency Approval (where applicable) __ a 04/19/?005 16: 10 8474599476 GLENEROOK EXCAVATING PAGE 02''02 GLENBROOK EXCAVATING & CONCRETE, INC. INVOICE 20389 Weiland Rd. Prairie View, Illinois 60069 (847) 724-9477 Fax; (847) 459-9476 - (SOLO TO: — - —.. —� jThe city of Yorkville I INVOICE NUMBER 42005 800 Gamefarm Road INVOICE DATE p4f20/05 (Yorkville, Illinois OUR ORDER NUMBER YOUR ORDER NUMBER _ TERMS '30 days roe; SALES REP Rob Roy Interceptor SHIPPED VIA F.O.B, PREPAID or COLLECT r.QUANT( Y DESCRIPTION UNIT PRICE AMOUNT 1 Spreading black dirt in areas east of the soccer field $5,000.00 $5,000.00,' 1 1Seeding spi mix & fertilizer 2 AC $3,485.00, $3,485.00 li 1 Glenbrook mark up on landscaping $174.25 $174.25 I j — SUBTOTAL _... $8,659.25 TAX FREIGHT $8,659.25 Questions concerning this invoice? MAKE ALL CHECKS PAYABLE TO: PAY THIS Call: 847-724-9477 Glenbrook Excavating & Concret, Inc. I AMOUNT Fax: 847-459-9476 20389 Weiland Road Prairie View, Illinois 60069 THANK YOU FOR YOUR BUSINESS! Apr 19 05 12: 17p Ssacc Inc 815 842 2198 p . 1 — PruptiSat SSACC, INC. (a UNION CONTRACTOR and CERTIFIED WBE since 1986) P.O. Box 357 • Pontiac, Illinois 61764 Phone 815-842-3410 ssaccinc@adcomnet_net FAX 815-842-2198 IDOT Reg. #10024 PROPOSAL SUBMITTED TO ITEM NO. DATE OF LETTING Walter& Deuchler Engr. Apr 19th,'05 STREET CONTRACTA COUNTY Attn: Phil Monroe Rob Roy Creek Interceptor CITY,STATE ANO ZIP CODE ROUTE SECTION FAX(630) 896-5696 We hereby submit specifications and estimates to, Quantity Unit Unit Bid Amount Seeding Sp! Mix & Fertilizer 90/90/90 2,00 AC 1742.50 3485.00 Ja!_ it� rE 741ro 7135 r hereby to furnish material and labor—complete in accordance with above specifications for the sum of: Dollars ($ TERMS AND CONDITIONS OF PROPOSAL Bidder agrees In begin work within one week,weather permitting of the!Iron the Resident Engineer glve5 eporoval the area is ready for landscaping Debris and rock cleanup ore Ilse responsibility of the did subcontractor and will be done by bidder if nec.Ashery no a Two and material basis If quantities on this bid are reduced by IO%or more.prices are subject to rennoollanon+ Likewise it gsanlilles are aic:eased by 25%,bidder Is.villifl0 le renegotiate a lower price. Payment,3%discount will be given ler cash paint within Ien clays of billing by subcontractor.Otnernvise 98th of wort.net 60 days.balance at rinali_alrnn All material is gueranleod to be as specified.All wor k la tie completed in a workmanlike manner according;o standard prec tires.Any alteration or deviation horn above specilicalions involving extra costs will he executed only upon written orders,and will becoine en nava charge over and above the estimate.All agreements conlinoent upon strikes,occAenls or delays beyond our Control.Omer to carry fire,tornado and other necessary insurance Our workers are fully covered by bVnrknieRs Compensation Insurance Authorized Note:This proposal may be Signature y- withdrawn by us if not accepted within days. cAt1 r z Lrpf�1nr2 J1 i;Trnpusa1 --- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do Signature the work as specified. Payment will be made as outlined above. Date of Acceptance Signature =`�tD car o United City of Yorkville Memo J .„ 1` 800 Game Fann Road EST. "" `'m441,ass Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 NCE Date: May 17, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: Liz D'Anna, Deputy City Clerk Subject: Rob Roy Creek Interceptor (Contract#2) —Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of at $27,076.00 increase, is for the construction of approximately 1200 feet of 15" diameter field tile to replace an existing tile. The existing tile was found to be in conflict with the new sanitary interceptor. Please place this item on the Public Works Committee agenda of May 23, 2005 for consideration. oykeli) -5/1-2,5 Air ,, k WALTER E . DEUCHLER ASSOCIATES INC. Consulting Engineers 230 WOODLAWN AVENUE • TELEPHONE (630) 897-4631 • FAX (630) 897-5696 AURORA, ILLINOIS 60306 May 13, 2005 Mr. Joe Wywrot City Engineer City of Yorkville 800 Game Faun Road Yorkville, IL 60560 RE: Change Order No. 1 Rob Roy Creek Interceptor - Contract No. 2 W.E.D.A. Job #788-04050-01 Dear Joe: As discussed in my letter of April 11, 2005, a major grade conflict was uncovered between the proposed Contract 2 - Rob Roy Creek Interceptor and an existing 15-inch field tile that serves numerous farmland westerly of the PNA property. Due to this grade conflict, 1072 lineal feet of 15 inch tile and 110 lineal feet of 12 inch field tile had to be replaced and relaid, to allow for proper drainage towards the Blackberry Creek. The cost of installing new ADS pipes with fabric,backfilling the trench, grading and seeding has been invoiced by the Contractor in the amount of$27,076.00. We therefore respectfully request that Change Order No. 1 be approved by the City Council in the amount of$27,076.00. Very truly yours, WALTER ' . DEUCHLER ASSOCIATES, INC. Phil��. Moreau, P.E. PFM/mw Encl. cc: Karen Tenuta, Glenbrook Excavating • Water Works and Sewerage • Buildings and Structures • Design and Construction • Streets and Street Lighting • Investigations and Reports • Project Financing 05/13/2005 11: 25 3474599476 GLENEROOK EXCAVATING PAGE 02/03 MY.12.2005 1:24PM WALTER DEUCHLER INC NO.490 P.2/2 CHANGE ORDER Order No. 1 Date 05-10-05 Agreement Date: NAME OF PROJECT: _ ROB ROY CREEK INTERCEPTOR, CONTRACT 2, • ._ . a. E .l..L>I�•TS OWNER: UNITED CITY OF YORKVILLE. ILLLNQIS CONTRACTOR: GLENBROOK EXCAVATING &CONCRETE, INC, The following changes are hereby inadc to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: Original CONTRACT PRICE: $ 1,669,722.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER$ 1,669,722.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ 27,076 00 The new CONTRACT PRICE including this CHANGE ORDER will be$ ],696 798.00 Change to CONTRACT .TIME: The CONTRACT TIME will be(increased) (decreased)by 0 calendar days. The date for completion of all work is _(Date). Requested by: Walter E.Delllchl ;_Associa.tesL . ��!` , ""111."— 05-1 -OS Accepted by: Glenbroolc Excavating & Concrete,Inc ARA 9 1 ,, ._ I Approved by: Federal Agency Approval (where applicable) 05. 13,'2005 11: 25 8474599476 GLENEROOK EXCAVATING PAGE 03/03 GLENBROOK EXCAVATING & CONCRETE, INC. INVOICE 20389 Weiland Rd. Prairie View, Illinois 60069 (847) 724-9477 _ Fax: (847)459-9476 SOLD TO: ._._ — ----.. The city of Yorkville INVOICE NUMBER 51305 800 Gamefarm Road INVOICE DATE 05/13/05 'Yorkville, Illinois OUR ORDER NUMBER YOUR ORDER NUMBER TERMS JOB: SALES REP Rob Roy Interceptor, Contract 2 I SHIPPED VIA F.O.B. PREPAID or COLLECT QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1,072 15" Perforated drain tile $23.001 $24,656.00 110 12' Perforated drain tile $22.00 $2,420.00 �I I 1 1 i I II I ` i I SUBTOTAL $27,076.001 TAX .....----..._ _..-- --- .._ FREIGHT• $27,076.00 Questions concerning this invoice? MAKE ALL CHECKS PAYABLE TO: PAY THIS Call: 847-724-9477 Glenbrook Excavating & Concret, Inc. AMOUNT Fax: 847-A59-9476 20389 Weiland Road Prairie View, Illinois 60069 THANK YOU FOR YOUR BUSINESS! WALTER E . DEUCHLER ASSOCIATES INC. Consulting Engineers 230 WOODLAWN AVENUE • -TELEPHONE (630) 897-4651 • FAX (630) 897-5696 AURORA, ILLINOIS 60506 April 11, 2005 Via Fax & Mail Mr. Glen Kirchen Glenbrook Excavating & Concrete, Inc. 20389 Weiland Road Prairie View, IL 60069 RE: Rob Roy Creek Interceptor Contract #2 City of Yorkville W.E.D.A. Job #788-04050-01 Dear Glen: This letter authorizes you to proceed with the installation of approximately 1200 feet of 15-inch ADS N-12 field tile with fabric across a portion of the PNA property at a cost of S23.00 per lineal foot, because of grade conflict with the interceptor between Manhole #1 and #2. PNA organization have authorized the installation of this drain tile, under the express condition that the restoration be perfoluied immediately upon installation of the drain tile. Should you have any questions, please call the undersigned. Very truly yours, WALTER DEUCHLER ASSOCIATES, INC. Phili.•e ¶-r oreau, P.E. PFM/mw cc: Don Pieart, WEDA Joe Wywrot, City Engineer • Water Works and Sewerage • Buildings and Structures • Design and Construction • Streets and Street Lighting • Investigations and Reports • Project Financing r AOo co.). United City of Yorkville Memo '" 800 Game Fann Road EST 18361 Yorkville, Illinois 60560 Telephone: 630-553-8545 -6 A °2 o Fax: 630-553-3436 Date: May 11, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer • CC: Liz D'Anna, Deputy City Clerk Dick Stanciu, S&K Development Subject: Prairie Gardens—Resubdivision of Lot 4 Letter of Credit Reduction#1 Attached find a request from the developer of Prairie Garden Subdivision to reduce the letter of credit for the Resubdivision of Lot 4. I have reviewed the request and concur with the amount of work completed to date. Attached find a spreadsheet to detail the amount of work completed. I recommend that the letter of credit for the Resubdivision of Prairie Garden Lot 4 be reduced by the amount of$184,178.40. The amount remaining in the letter of credit would be $164,784.74. Please place this item on the Public Works Commielida of May 23, 200 for consideration. 11-May-05 Letter of Credit/Bond Reduction Subdivision: Prairie Garden - Resub of Lot 4 Reduction No. 1 Approved* Letter of Amount Complete Amount of Amount Remaining Item Eng. Est. Credit Amount prior to Red.#1 Reduction No.1 after Red.#1 Earthwork $47,750.00 $52,525.00 $47,750.00 $45,362.50 $7,162.50 San. Sewer $31,280.00 $34,408.00 $31,280.00 $29,716.00 $4,692.00 Watermain $40,400.00 $44,440.00 $40,400.00 $38,380.00 $6,060.00 Storm Sewer $42,948.00 $47,242.80 $42,948.00 $40,800.60 $6,442.20 Pavement $101,395.00 $111,534.50 $19,754.00 $18,766.30 $92,768.20 Erosion Control $15,480.00 $17,028.00 $7,740.00 $7,353.00 $9,675.00 Landscaping $3T986.22 $41,784.84 $4,000.00 $3,800.00 $37,984.84 Totals $317,239.22 $348,963.14 $193,872.00 $184,178.40 $164,784.74 Notes: 1) LOC/Bond amt. to be 15% of subsantially completed items plus 110% of uncompleted items. *Amounts not yet approved S & K Development, L.L.C. Post Office Box 307, Wheaton, Illinois 60189 (630)462-7907/FAX(630)462-9011 May 5, 2005 Joe 1vVywrot City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Letter of Credit Lot 4, Prairie Garden Subdivision Dear Joe; Enclosed is the Letter of Credit from State Bank of Illinois regarding the improvements for the office park on Lot 4 in Prairie Garden Subdivision. Also enclosed is our first request for a reduction of the Letter of Credit for your review. If you have any questions or need further information regarding this request,please contact our office. Thank you for your assistance in this matter. Yours truly, Development, LLC Carol M. Ultsch enclosures (a-) 7 Engineer's Opinion of Probable Costs Prairie Garden Executive Center Yorkville, IL Issue Date: June 25,2004 No. Description of Item Quantity Unit Unit Cost ' EROSION CONTROL Cost 1 Stabilized construction entrance - 2 Silt fence barrier(erosion protection) 1 Each $ 1,400.00 $ 1,400.00 /oo 3 Straw bales 500 Lin Ft $ 3.00 $ 1,500.00 ..-(1 4 Desiltation basin 96 Each $ 10.00 $ 960.00 /5.9 5 Temporary seeding 3 Each $ 600b0 $ 1,800.00 'c 2.40 Acre $ 2,800.00 $ 6,720.00 Co° 6 Permanent seeding, Class 1A 7 Maintenance of erosion control 0.60 Acre $ 3,500.00 $ 2,100.00 ' 1 Lump $ 1,000.00 $ 1,000.00 ,9 EARTHWORK TOTAL $ 15,480.00 1 Topsoil removal, stockpile 1,600 CY 2 Earth excavation and placement, compacted 4,500 C Y $ 3.00 $ 13,500.00 Y 3 Extra subgrade undercut and replacement (allowance) 4,500 C Y $ 3.50 $ 15,750.00 100 C Y $ 8.00 $ 800.00 ; 4 Fine grade building area c�O 3,300 S Y $ 1.00 $ 3,300.00 5 Fine grade grass area $ 1.00 . 6 Topsoil placement, grass & swale area 4,800 S Y �`�s� 4,800 S Y Y . $ 4,800.00 l%' $ 2.00 $ 9,600.00 00 ti SANITARY SEWER TOTAL $ 47,750.00---1 1 8" PVC pipe sewer, SDR 26, 03034 w/03212 joints ' 2 6" PVC pipe sewer services, SDR 26, D3034 w/03212 joints 440 Lin Ft $ 24.00 $ 10,560.00 /e-=1=' 3 4' dia. type A manholes with R-1530-B Fr& lid 410 lin Ft $ 22.00 $ 9,020.00 2 Each $ 1,800.00 $ 3,600.00 t 4 Select trench backfill - mains 5 Select trench backfill - services 200 C Y $ 18.00 $ 3,600.00 /4'0 250 C Y $ 18.00 $ 4,000.00 � 1,„,1"6"WATER MAIN TOTAL $ 31,280.00 V"C) 1 8"cement lined ductile iron pipe, push on joints, C-52 2 1 1/2" commercial service connection with corp. stop and B-box 785 Ea $ 00.00 $ 18,400.00 /, 3 8" gate valve in box 7 Eachh $ 1,200.00 $ 8,400.00 r, 4 8" gate valve in box(cut tee in exist WM) 1 Each f $ 1,100.00 $ 1,100.00 /041 1 Each $ 1,200.00 $ 1,200.00 /OP Page 1 of 2 ✓y 5 8" gate valve in 5' MH (pressure connection) 1 Each $ 3,250.00 $ 3,250.00 /(50 6 Fire hydrant with 6" auxiliary valve 2 Each $ 1,850.00 $ 3,700.00 /07 7 Mechanical fittings 1,235 Lb $ 2.00 $ 2,470.00 /4 8 Polyethylene encasement, 8 mil 785 Lin Ft $ 2.00 $ 1,570.00 /,A7 9 Select trench backfill - mains 80 C Y $ 18.00 $ 1,440.00 ! =6 TOTAL $ 40,400.00 STORM SEWER 1 12" RCP storm sewer constr., C-76, CL IV 851 Lin Ft $ 18.00 $ 15,318.00 /00 2 12" HDPE N-12 storm sewer constr. 151 Lin Ft $ 12.00 $ 1,812.00 /6-e' 3 8" HDPE N-12 storm sewer constr. 188 Lin Ft $ 10.00 $ 1,880.00 /C)C' 4 6" HDPE N-12 storm sewer constr. 236 Lin Ft $ 8.00 $ 1,888.00 ;co 5 4' catch basin, type C, with R-1530 fr& gr. 1 Each $ 1,350.00 $ 1,350.00 /00 6 3' catch basin, type C, with R-2502 fr& gr. 3 Each $ 1,100.00 $ , 3,300.00 /0e 7 3' catch basin, type C, with R-3015 fr& gr. 1 Each $ 1,100.00 $ 1,100.00 A-''ci.) 8 3' catch basin, type C, with R-4340-B,gr. 1 Each $ 950.00 $ 950.00 /C ' 9 3' inlet, type A, with R-2502 fr& gr. 3 Each $ 850.00 $ 2,550.00 .'i 10 3' inlet, type A, with R-3015 fr& gr. 1 Each $ 850.00 $ 850.00 /t': ' 11 3' inlet, type A, with R-4340-B gr. 4 Each $ 700.00 $ 2,800.00 /00 12 2' inlet, type A, with R-2502 fr& gr. 2 Each $ 650.00 $ 1,300.00 /60 13 2' inlet, type A, with R-3015 fr & gr. 1 Each $ 650.00 $ 650.00 /e0 14 2' inlet, type A, with R-4340-B gr: 8 Each $ 550.00 $ 4,400.00 /a' 15 4" restrictor in catch basin 1 Each $ 100.00 $ 100.00/:-/K-) 16 Select trench backfill 150 C Y $ 18.00 $ 2,700.00 .'(V TOTAL $ 42,948.00 ROADWAY 1 Fine grade roadway 5,100 S Y $ 1.00 $ 5,100.00 ' a20 2 10" base course, compacted crushed limestone, CA-6 2,250 Ton $ 12.00 $ 27,000.00 �o 3 Concrete walk on site with CA-7 base 4,020 S F $ 3.50 $ 14,070.00 ?e 4 Concrete curb & gutter, B.6-12 with CA-7 base 1,230 Lin Ft $ 12.50 $ 15,375.00 ' 5 3" Bit. Conc. surface course, Class I, Mix C,Type 2 675 Ton $ 42.00 $ 28,350.00 O \c‘`1e�' 6 PCC sidewalk, 5"thick, 6"at driveways,with CA-6 base 3,500 S F $ 3:00 $ 10,500.00 /5 . 7 Traffic Control and Protection 1 Lump $ 1,000.00 $ 1,000.do c2o ,-------c �►'�`' TOTAL $ 101,395.001 N ' CONSTRUCTION TOTAL TOTAL $ 279,253.00x 0i i4 31, g90. zz 1 1 //,,), Page 2 of 2 'il% 3 14 • Request for Reduction of Letter of Credit •airie Gardens,Yorkville,Illinois April 28,2005 :pared for S&K Development,LLC Prepared By:S&K Development,LLC 5 Kelly Avenue 586 Kelly Avenue rkville,Illinois 60560 Yorkville,Illinois 60560 (630)553-3024 • o�a tern Description of Item Quantity Unit Price Cost Complete Cost to _ Unit Complete EROSION CONTROL ' • I Stabilized construction entrance 1 Each $ 1,400.00 $ 1,400.00 100% $ 0.00 2 Silt fence barrier(erosion protection) 500 Lin Ft $ 3.00 $ 1,500.00 50% $ 750.00 3 Straw Bales 96 Each $ 10.00 $ 960.00 50% $ 480.00 4 De-siltation Basin 3 Each $ 600.00 $ 1,800.00 100% $ 0.00 5 Temporary seeding 2.40 Acre $ 2,800.00 $ 6,720.00 100% $ 0.00 6 Permanent seeding,Class IA 0.60 Acre $ 3,500.00 $ •2,100.00 15% $ 1,785.00 7 Maintenance of erosion control 1 Lump $ 1,000.00 $ 1,000.00 30% $ 700.00 TOTAL $ 15,480.00 $ 3,715.00 EARTHWORK 1 Topsoil removal,stockpile 1,600 CY 4,500 CY $ 3.00 $ 13,500.00 100% $ 0.00 2 Earth excavation&placement,compacted 4,500 CY $ 3.50 $ 15,750.00 100% $ 0.00 3 Extra sub-grade undercut& replacement 100 CY $ 8.00 $ 800.00 100% $ 0.00 (allowance) 4 Fine grade building area 3,300 SY $ 1.00 $ 3,300.00 100% $ 0.00 5 Fine grade grass area 4,800 SY $ 1.00 $ 4,800.00 15% $ 4,080.00 6 Topsoil placement,grass&swale area 4,800 SY $ 2.00 $ 9,600.00 15% $ 8,160.00 - TOTAL TOTAL $ 47,750.00 $ •12,240.00 SANITARY SEWER 1 8"PVC pipe sewer,SDR 26,D3034 w/ 440 Lin Ft $ 24.00 $ 10,560.00 100% $ 0.00 D3212 joints 2 6"PVC pipe sewer services,SDR 26, 410 Lin Ft $ 22.00 $ 9,020.00 100% $ 0.00 D3034 w/D3212 joints 3 4'dia.Type A manholes with R-1530-B Fr 2 Each $ 1,800.00 $ 3,600.00 100% $ 0.00 &lid 4 Select trench backfill-mains 200 CY $ 18.00 $ 3,600.00 100% $ 0.00 5 Select trench backfill-services 250 CY $ 18.00 $ 4,500.00 100% $ 0.00 TOTAL $ 31,280.00 $ 0.00 0/0 Item Description of Item Quantity Unit Price Cost Complete Cost to Unit Complete WATER MAIN 1 8"cement lined ductile iron pipe,push on 785 Lin Ft $ 22.00 $ 17,270.00 100% $ 0.00 joints,C-52 2 1 -1/2"commercial service connection with 7 Each $ 1,200.00 $ 8,400.00 100% $ 0.00 corp.stop&B-box 3 8"gate valve in box 1 Each $ 1,100.00 $ 1,100.00 100% $ 0.00 4 8"gate valve in box(cut tee in exist WM) 1 Each $ 1,200.00 $ 1,200.00 100% $ 0.00 5 8"gate valve in 5'MH(pressure 1 Each $ 3,250.00 $ 3,250.00 100% $ 0.00 connection) 6 Fire hydrant with 6"auxiliary valve 2 Each $ 1,850.00 $ 3,700.00 100% $ 0.00 7 Mechanical fittings 1,235 Lb $ 2.00 $ 2,470.00 100% $ 0.00 8 Polyethylene encasement,8 mil 785 Lin Ft $ 2.00 $ 1,570.00 100% $ 0.00 9 Select trench backfill-mains 80 CY $ 18.00 $ 1,440.00 100% $ 0.00 TOTAL $ 40,400.00 $ 0.00 STORM SEWER 1 12"RCP storm sewer constr.,C-76 CLIV 851 Lin Ft $ 18.00 $ 15,318.00 100% $ 0.00 2 12"HDPE-12 storm sewer constr. 151 Lin Ft $ 12.00 $ 1,812.00 100% $ 0.00 3 8"HDPE-12 storm sewer constr. 188 Lin Ft $ 10.00 $ 1,880.00 100% $ 0.00 4 6"HDPE-12 storm sewer constr. 236 Lin Ft $ 8.00 $ 1,888.00 100% $ 0.00 5 4'catch basin,type C,with R-1530 fr&gr. 1 Each $ 1,350.00 $ 1,350.00 100% $ 0.00 6 3'catch basin,type C,with R-2502 fr&gr. 3 Each $ 1,100.00 $ 3,300.00 100% $ 0.00 7 3'catch basin,type C,with R-3015 fr&gr. 1 Each $ 1,100.00 $ 1,100.00 100% $ 0.00 8 3'catch basin,type C,with R-4340-B gr. 1 Each $ 950.00 $ 950.00 100% $ 0.00 9 3'inlet,type A,with R-2502 fr&gr. 3 Each $ 850.00 $ 2,550.00 100% $ 0.00 10 3'inlet,type A,with R-3015 fr&gr. 1 Each $ 850.00 $ 850.00 100% $ 0.00 11 3'inlet,type A,with R-4340-B gr. 4 Each $ 700.00 $ 2,800.00 100% $ 0.00 12 2'inlet,type A,with R-2502 fr&gr. 2 Each $ 650.00 $ 1,300.00 100% $ 0.00 13 2'inlet,type/,With R-3015 fr&gr. 1 Each $ 650.00 $ 650.00 100% $ 0.00 14 2'inlet,type A,with R-4340-B gr. 8 Each $ 550.00 $ 4,400.00 100% $ 0.00 15 4"restrictor in catch basin 1 Each $ 100.00 $ 100.00 100% $ 0.00 16 Select trench backfill 150 CY $ 18.00 $ 2,700.00 100% $ 0.00 TOTAL $ 42,948.00 $ 0.00 2 Item Description of Item Quantity Unit Price Cost Complete Cost to Unit Complete ROADWAY 1 Fine grade roadway 5,100 SY $ 1.00 $ 5,100.00 15% $ 4,335.00 2 10"base course,compacted crushed 2,250 Ton $ 12.00 $ 27,000.00 15% $ 22,950.00 limestone,CA-6 3 Concrete walk on site with CA-7 base 4,020 SF $ 3.50 $ 14,070.00 15% $ 11,959.50 4 Concrete curb&gutter,B.6-12 with CA-7 1,230 Lin Ft $ 12.50 $ 15,375.00 15% $ 13,068.75 base 5 3"Bit.Conc.Surface course,Class I,Mix 675 Ton $ 42.00 $ 28,350.00 15% $ 24,097.50 C,Type 2 6 PCC sidewalk,5"thick,6"at driveways, 3,500 SF $ 3.00 $ 10,500.00 15% $ 8,925.00 with CA-6 base 7 Traffic Control and Protection 1 Lump $ 1,000.00 $ 1,000.00 100% $ 0.00 TOTAL $ 101,395.00 $ 85,335.75 CONSTRUCTION TOTAL TOTAL $ 279,253.00 $ 101,290.75 3 \t -4-- Ci `,cs.o crry United City of Yorkville Memo 800 Game Farm Road EST.14 "aim.1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 t� �p Fax: 630-553-3436 Date: May 11, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer T -\ CC: Traci Pleckham, Finance Director Eric Dhuse, Director of Public Works Liz D'Anna, Deputy City Clerk Subject: Sidewalk Replacement Program In past years our sidewalk replacement program consisted of repairing several sidewalk locations throughout town and also some larger sections of new sidewalk. Replacement sidewalk was funded 60%by the city and 40%by the property owner. Due to a dwindling number of property owners requesting sidewalk repairs and relatively high unit prices, we have changed the program to 100% city funding and decided to focus our efforts on specific areas of the city rather than jumping all around town. This year we are applying our funds towards sidewalk repair and construction on the streets in the In- Town Road Program—Phase 1. While making this change certainly makes sense, it puts us in the position of having to tell property owners who do request sidewalk repairs that they will have to wait until we reach their part of town. To address this situation, I recommend that we still budget a small amount of money each year (perhaps $2500) to fund 60% of individual spot repairs. The property owner would perform the work, with reimbursement by the city after the work is performed and costs documented. Last year the city share for sidewalk replacement was $4.80/SF for sections less than 50 square feet, $3.84/SF for sections between 50 and 200 square feet, and $3.39/SF for sections greater than 200 square feet. I recommend that we use these numbers or perhaps round them up to the nearest $0.25. We would reimburse the property owner 60% of the documented cost or at the rate per square foot, whichever amount is less. Please place this item on the Public Works Committee meeting agenda of May 23, 2005 for discussion. I, 01 '7/9 t)C o United City of Yorkville Memo p; 't` 800 Game Farm Road L mks EST. -ii _1836 Yorkville, Illinois 60560 -" Telephone: 630-553-8545 SI b Fax: 630-553-3436 Date: May 23, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Liz D'Anna, Deputy City Clerk Marvin DeLahr, Development Construction Services LLC Subject: Fox Hill Unit 7 —Water& Sanitary Recapture Agreement Attached find a letter from Marvin DeLahr responding to my memo of May 16, 2005 regarding the water and sewer recapture for Fox Hill Unit 7. Marvin has agreed to provide documentation for the various costs. Items still requiring discussion are as follows: • Engineering costs— The basic watermain design was provided to the developer with my first set of review comments on the preliminary plan. Any revisions since then were minor, and would have been required regardless of pipe size. The lift station location was changed to the south end of the site. Once again, this issue was raised in my first set of review comments on the preliminary plan, before any detailed engineering was performed. Design criteria regarding the sewer size and profile, as well as lift station capacity were provided to the developer by YBSD. Consequently, I do not recommend that engineering costs be included in the recapture agreement. • Engineering review fee and Administration fee—We are in agreement that these fees are recapturable, but since the fees were based on the engineer's estimate of cost, the fees to be recaptured should also be based on the engineer's estimate of cost to the greatest extent possible, as recommended in my May 16th memo. • Supervision and Overhead Costs—This issue is similar to Engineering costs. It doesn't cost more to supervise the construction of a larger watermain versus a smaller watermain. Another difficulty is documenting the cost of claimed supervision and overhead costs. We might want to consider including the increased cost of bonding the more expensive, oversized pipe, however. • Length of Sanitary Forcemain— The lift station was originally proposed to be located further to the north, but since we wanted it to be placed in a location convenient for future abandonment it was moved to the south end of the development. Upon reconsidering this matter, I recommend that the full cost of the additional forcemain required for the relocation be recapturable. • Length of 16" Watermain - Ordinance requires that utilities be extended to the boundaries of the development. For this particular development, the most efficient way to provide water service to the boundaries was to construct a portion of the 16" watermain along Eldamain Road. Therefore the unit price for the second watermain item should be reduced to $18.63 as recommended in my May 1e memo. • Fire Hydrants— Since the design of the 16" watermain did not include any watermain that would not normally be required, the unit price for providing the hydrants along the 16" watermain should be reduced to the difference between the cost of a 16"x6" Tee fitting and an 8"x6" Tee fitting, as recommended in my May 16th memo. This item is scheduled for discussion at the Public Works Committee meeting on May 23, 2005. May 19, 2005 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attention: Joe Wywrot Dear Joe, I have received a copy of your letter to Tony Graff dated May 23, 2005. I assume the date was in error since I received it May 16th. The letter was in regards to the recapture calculations I submitted to you dated April 27, 2005. I would like to address the comments included in your letter. General • We will provide you copies of the payouts with corresponding waivers of lien once the recapture items are determined. • This recapture is an amendment to the recapture agreement already in place for the remainder of Fox Hill. There was a precedent set by that agreement as far as the engineering recapture is concerned. However I disagree with your statement that the recapture items did not require any additional engineering. The routing of the 16" watermain thru the subdivision required changes to the plans. There were changes to the plans for relocating the lift station and making the changes for lowering the sanitary system must also be taken into consideration. In addition there has been substantial time spent by the engineer doing the recapture calculations. • I agree that we should be able to recapture the 3%engineering review and administrative fee paid to the City based on the final numbers agreed to for this recapture amendment. • Once again I'd refer this comment back to the original Fox Hill recapture agreement. I disagree with the exclusion of the supervision and overhead costs. Mr. Dresden and I spent many hours overseeing the engineering changes, dewatering and installation procedures. And as stated above there has been substantial time spent compiling the recapture information. I'm confident that we can document the attorney fees. As far as the Heartland Circle development is concerned I do not feel their issues have any bearing on our development. Sanitary Recapture • We will provide you copies of the payouts with corresponding waivers for the costs shown. • We did include the entire length of 6"forcemain in the calculations. Originally the lift station set at the northeastern end of the subdivision and the 941' of forcemain was not needed. At the City's request the lift station was relocated to the southern end of the subdivision so in the future the lift station could be eliminated and the oversized sanitary system could gravity flow over to Eldamain Road and tie into a proposed future sanitary interceptor. • We can supply you with the calculations for determining the lift station cost. Pete Huinker contacted S&K Excavating to get the cost of the installed lift station and he also contacted Metropolitan Pump to get the price on a lift station of sufficient size to serve the Fox Hill area only. The amount shown is the difference between the two. Water Recapture • Ordinance does require that utilities be extended to the boundaries of the development, however we could have stubbed a line out to Eldamain Road at the north and south ends of the subdivision. This would have met the ordinance but the City asked to for the watermain to be installed along Eldamain Road as part of a future water transmission line as shown on the Water Distribution Plan from EEI dated March, 2004. • This too would fall under the above statements. I do agree with your statement partially. If we would have stubbed the lines to Eldamain at the north and south ends of the subdivision we would have had to install hydrants at those points. So I feel we should have total recapture on two of the hydrants and then as you stated the cost difference between a 16"x 6"tee fitting and an 8"x6"tee fitting for the other two. • I will verify these amounts but I believe Pete had gotten the actual installation costs from S&K. This may account for the discrepancy. • I will verify these amounts but I believe Pete had gotten the actual installation costs from S&K. This may account for the discrepancy. Please review the above comments and feel free to call Pete or me with any questions you may have. Thank you for your attention to this matter. Sincerely, Marvin DeLahr Cc: Mr. Paul Dresden Mr. Robert Gamrath Mr. Tony Graff Mr. John Wyeth Ms. Liz D'Anna DEVELOPMENT CONSTRUCTION SERVICES L.L.C. Phone:708-479-1306 Fax:708-479-6537 Cell:815-791-6167 19250 EVERETT LANE,SUITE 101 MOKENA,IL 60448 Email: mdelahr@sbcglobal.net May 19,2005 United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Attention: Joe Wywrot Dear Joe, I have received a copy of your letter to Tony Graff dated May 23, 2005.I assume the date was in error since I received it May 16`x. The letter was in regards to the recapture calculations I submitted to you dated April 27,2005. I would like to address the comments included in your letter. General • We will provide you copies of the payouts with corresponding waivers of lien once the recapture items are determined. • This recapture is an amendment to the recapture agreement already in place for the remainder of Fox Hill. There was a precedent set by that agreement as far as the engineering recapture is concerned. However I disagree with your statement that the recapture items did not require any additional engineering. The routing of the 16" watermain thru the subdivision required changes to the plans. There were changes to the Plans for relocating the lift station and making the changes for lowering the sanitary system must also be taken into consideration.In addition there has been substantial time spent by the engineer doing the recapture calculations. • I agree that we should be able to recapture the 3%engineering review and administrative fee paid to the City based on the final numbers agreed to for this recapture amendment. • Once again I'd refer this comment back to the original Fox Hill recapture agreement. I disagree with the exclusion of the supervision and overhead costs. Mr. Dresden and I spent many hours overseeing the engineering changes,dewatering and installation procedures.And as stated above there has been substantial time spent compiling the recapture information. I'm confident that we can document the attorney fees.As far as the Heartland Circle development is concerned I do not feel their issues have any bearing on our development. Sanitary Recapture • We will provide you copies of the payouts with corresponding waivers for the costs shown. • We did include the entire length of 6"forcemain in the calculations. Originally the lift station set at the northeastern end of the subdivision and the 941' of forcemain was not needed.At the City's request the lift station was relocated to the southern end of the subdivision so in the future the lift station could be eliminated and the oversized sanitary D.C.S. system could gravity flow over to Eldamain Road and tie into a proposed future sanitary interceptor. • We can supply you with the calculations for determining the lift station cost.Pete Huinker contacted S&K Excavating to get the cost of the installed lift station and he also contacted Metropolitan Pump to get the price on a lift station of sufficient size to serve the Fox Hill area only. The amount shown is the difference between the two. Water Recapture • Ordinance does require that utilities be extended to the boundaries of the development, however we could have stubbed a line out to Eldamain Road at the north and south ends of the subdivision.This would have met the ordinance but the City asked to for the watermain to be installed along Eldamain Road as part of a future water transmission line as shown on the Water Distribution Plan from EEI dated March, 2004. • This too would fall under the above statements.I do agree with your statement partially. If we would have stubbed the lines to Eldamain at the north and south ends of the subdivision we would have had to install hydrants at those points. So I feel we should have total recapture on two of the hydrants and then as you stated the cost difference between a 16"x 6"tee fitting and an 8"x6"tee fitting for the other two. • I will verify these amounts but I believe Pete had gotten the actual installation costs from S&K. This may account for the discrepancy. • I will verify these amounts but I believe Pete had gotten the actual installation costs from S&K.This may account for the discrepancy. Please review the above comments and feel free to call Pete or me with any questions you may have.Thank you for your attention to this matter. Sincerely, (.17)2alee.rt Marvin DeLahr Cc: Mr. Paul Dresden Mr. Robert Gamrath Mr. Tony Graff Mr. John Wyeth Ms. Liz D'Anna Mr.Pete Huinker �( 1 ,-k IC ?`4E° C/).o United City of Yorkville Memo '" 800 Game Farm Road EST. °' `' 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 1,711114.1 Fax: 630-553-3436 Date: May 23, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Liz D'Anna, Deputy City Clerk Marvin DeLahr, Development Construction Services LLC Subject: Fox Hill Unit 7 —Water& Sanitary Recapture Agreement Attached find calculations from the developer's consultant regarding the watermain and sanitary sewer recapture for Fox Hill Unit 7. I have reviewed the calculations and have the following comments: General • While most of the unit prices provided appear reasonable, they will need to be documented by providing copies of signed contracts or payouts with corresponding waivers of lien. • We have paid engineering fees to developers for improvements in the past when those improvements consisted of completely new infrastructure(for example, the new watermain on Johnson Street last year). For this development, it took no more effort to specify a larger pipe than a smaller one, therefore I recommend that we not include engineering fees in this recapture. • The developer paid engineering review fees and administration fees totaling 3% of the cost of improvements based on the approved engineer's estimate of cost, and it is fair to allow recapture of those fees the developer paid for the additional cost of the oversized improvements. Since the fees paid were based on the approved engineer's estimate, the recapture amount should also be based on that estimate to greatest extent possible. • The developer is requesting that attorney fees and costs for supervision and overhead be included in the recapture cost. The first Fox Hill recapture agreement included these fees. I recommend that we include only include attorneys fees that can be documented, and that we not allow supervision and overhead costs to be included. The supervision and overhead issue was debated at length with the Heartland Circle developer recently, with the outcome that these soft costs were not recapturable. I believe that that main reason for excluding them was the inability to accurately document those costs. Sanitary Recapture • The increase and sewer size and dewatering costs appear reasonable. • The amount claimed for the 6" forcemain is near the cost of the entire forcemain. We need to determine what size forcemain would have been needed for a smaller pump station, and then calculate the difference in cost. • The developer should provide calculations to show how the lift station cost was calculated. Water Recapture • Ordinance requires that utilities be extended to the boundaries of the development, therefore the unit price for the second watermain item should be reduced to $18.63. • There were a total of 4 fire hydrants constructed along the 16" watermain. The unit price for this item should be reduced to the difference between the cost of a 16"x6" Tee fitting and an 8"x6" Tee fitting. • There were a total of five main line valves on the 16" watermain. The unit price for this item should be the difference between a 16"butterfly valve in vault and an 8" gate valve w/box. The approved engineer's estimate of cost indicates that the difference in cost should be around $2550 each, not the $3650 claimed. • There were a total of four 16"x8" Tees and one 16"x16" Tee provided, where normally all could have been 8"x8" Tees. The approved engineer's estimate lists the differences in cost to be $400 and $700, respectively. Therefore the total recapturable amount for the larger Tee fittings should be around $2300, not the $4200 claimed. I recommend that the developer revise the recapture calculations as recommended above and resubmit for review. Please place this item on the Public Works Committee agenda of May 23, 2005 for consideration. FOX HILL - UNIT 7, RECAPTURE 4/27/2005 DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE Sanitary Sewer difference between 8" and 10" sanitary sewer 924 In.ft. $7.28 $6,726.72 6"force main 1 941 In.ft. $19.00 $17,879.00 dewatering for sanitary line due to depth 1 lump sum $82,209.00 $82,209.00 survey for dewatering 1 1 lump sum $800.00 $800.00 difference between required and installed lift station 1 lump sum $46,493.00 $46,493.00 engineering fees 1 1 lump sum $11,856.00 $11,856.00 Sub-Total of Sanitary Improvements = $165,963.72 Water Main difference between 8" D.I.P. and 16" D.I.P. water main 758In.ft. $18.63 $14,121.54 L 16" D.I.P. water main 870 1 In.ft. $40.30 $35,061.00 fire hydrant w/valve and tee 4 each $2,300.00 $9,200.00 16"valve w/5' diameter vault 3 each $4,700.00 $14,100.00 difference between 16"valve w/5' diameter vault and 8"gate valve & box 2 each $3,650.00 $7,300.00 8" re diffence between 16"x tee and 8"x 8"tee 2 each — — - — ---- $900.00 $1,800.00 16"x 16" tee 1 each $2,400.00 $2,400.00 engineering fees 1 lump sum $4,829.00 $4,829.00 Sub-Total of Water Main Improvements= $88,811.54 Miscellaneous Attorney Fees ! $6,000.00 City Fees $2,500.00 Supervision and Overhead $6,500.00 Sub-Total of Miscellaneous Fees= $15,000.00 Summary Sub-Total of Sanitary Improvements = $165,963.72 Sub-Total of Water Main Improvements = $88,811.54 Sub-Total of Miscellaneous Fees= $15,000.00 TOTAL RECAPTURE COSTS - , $269,775.26 page 1 of 1 CI til n O v) II)g 0 d > a o 1 m a 'tern) = ( C) Fp' r ril r . , co CD o' CD 0 P 0 �. c 0 o' <: P a O 0 o cr c d o C CDli �. = �� m :° o ., o r" a> o C) d ? 7 p r4 1 5. g '-< Z w co )2 (cpo o 5 � 7� a o o = ~ cD F H 0 cm -6 C RHN o-'I\ -.• = 0 cm co co E o . 0" Fa C� ¢ '--3 l CD - CD - CD a E RI Z k< o 8 a Z a co (- 1" C/, F c ei.hF til cD A'' '4• � = "0 2 , . • ©-h C • o a C4 co '' IV ..< O o < 00 H "� o 6 ,N.r < Cs " cD cD RI C5 9 12 �• 1.p ....1 0 P.' c B ~' 00 ,..11 `.< m • Ilk. 5 Z 2), Si cp CM O co eo rr r , ONSITE IMPROVEMENTS PAY ITEM UNIT UNIT COST QUANTITY TOTAL COST WATER MAIN CONSTRUCTION TRENCH BACKFILL CY $ 18.00 0.0 $ - 8-INCH WATER MAIN FOOT $ 23.00 1929.0 $ 44,367.00 16-INCH WATERMAIN DIP FOOT $ 47.00 1,628.0 $ 76,516.00 FIRE HYDRANTS _ EACH $ 2,100.00 9.0_$ 18 900.00 8"VALVE AND VALVE BOX EACH $ 950.00 8.0 $ 7,600.00 16"VALVE AND VALVE BOX 5'DIA VAULT EACH $ 3,500.00 5.0 $ 17,500.00 WM TEE(16" X 16") EACH $ 1,000.00 1.0 $ 1000.00 WM TEE(16" X 8") EACH $ 700.00 2.0 $ 1,400.00 WM TEE(8"X 8") EACH $ 300.00 1.0 $ 300.00 5'DIA VAULT AND 16-INCH VALVE(PRESSURE CONNECTION) EACH $ 7,500.00 1.0 $ 7,500.00 1"WATER SERVICE INCLUDING TRENCH BACKFILL(LONG) EACH $ 750.00 36.0 $ 27,000.00 1"WATER SERVICE INCLUDING TRENCH BACKFILL(SHORT) EACH $ 350.00 36.0 $ 12,600.00 CONNECTION TO EXISTING WATERMAIN LUMP SUM $ 1,000.00 1 S 1,000.00 Sub-Total $ 215,683.00 ONSITE IMPROVEMENTS PAY ITEM UNIT UNIT COST QUANTITY TOTAL COST SANITARY SEWER CONSTRUCTION TRENCH BACKFILL CY $ 18.00 0.0 $ 8" SANITARY SEWER,SDR-26(0'-10'-DEEP) _ FOOT $ 20.00 1,024.0 $ 20,480.00 8" SANITARY SEWER,SDR-26(10'-15'-DEEP) FOOT $ 22.00 134.0 $ 2,948.00 10" SANITARY SEWER,SDR-21 (10'-15'DEEP) FOOT $ 24.00 479.0 $ 11,496.00 10" SANITARY SEWER,SDR-21 (15'-20'DEEP) FOOT $ 28.00 445.0 $ 12,460.00 6" FORCE MAIN SANITARY SEWER, (6'MIN COVER) FOOT $ ,.. . 21.00 941.0 $ 19,761.00 4' SANITARY MANHOLES(0'-10'-DEEP) EACH $ 1,300.00 6.0 $ 7,800.00 4' SANITARY MANHOLES(10'-15'-DEEP EACH $ 1,500.00 3.0 $ 4,500.00 4' SANITARY MANHOLES(15'-20'DEEP' EACH $ 1,800.00 5.0 $ 9,000.00 6"SANITARY SEWER SERVICE INCLUDING TRENCH BACKFILL(FAR) EACH $ 1,000.00 36.0 $ 36,000.00 6"SANITARY SEWER SERVICE INCLUDING TRENCH BACKFILL(NEAR) EACH $ 400.00 36.0 $ 14,400.00 LIFT STATION EACH $ 125,000.00 1.0 $ 125,000.00 CONNECTION TO EXISTING SANITARY FORCEMAIN _ LUMP SUM $ 1,000.00 1.0 $ 1 000.00 Sub-Total $ 264,845.00 GRADING.IMPROVEMENTS/FEES PAY ITEM UNIT UNIT COST QUANTITY TOTAL COST SEEDING commercial and basins ACRE $ 2,500.00 3.0 $ 7,500.00 EXCELSIOR BLANKET SQ.YD. $ 1.25 7,200.0 $ 9 000.00 SURFACE TOPSOIL STRIP CU.YD. $ 1.50 9,950.0 $ 14925.00 SITE CUT TO FILL DIFFERENCE CLAY FOR RESIDENTIAL) CU.YD. $ 2.50 15,000.0 $ 37 500.00 SITE TOPSOL RESPREAD Basins 6"MIN CU.YD. $ 3.00 1,200.0 $ 3 600.00 I •• •IL• •• •• •V V ERCIAL 3" CU.YD. $ 3.00 610.0 $ 1 830.00 SILT FENCE FOOT $ 1.50 2,307.0 $ 3,460.50 Sub-Total $ 77,815.50 MISC.IMPROVEMENTS/FEES PAY ITEM UNIT UNIT COST QUANTITY TOTAL COST STREET SIGNS/STRIPING L.SUM $ 5,000.00 1.0 $ 5 000.00 STREET LIGHTS EACH $ 2,625.00 4.0 $ 10 500.00 TREES/LANDSCAPING SEE ATTACHED FOR ITEMIZED COST ESTIMATE L.SUM $ 69,691.00 1.0 $ 69,691.00 FLOOD PLAIN AREA-DISK/RAKE ACRE $ 1,500.00 3.4 $ 5115.00 FLOOD PLAIN AREA-SEEDING CLASS 4A MIXTURE) ACRE $ 2,500.00 3.4 $ 8 525,00 CONSTRUCTION ENTRANCE L.SUM $ 2,000.00 1.0 $ 2 000.00 CURTAIN WALL L.SUM $ 1,000.00 1.0 $ 1,000.00 SAWCUT PAVEMENT FOOT $ 3.50 140.0 $ 490.00 Sub-Total $ 102,321.00 SUB-TOTAL COST $ 866,956.76 r CONSTRUCTION STAKING(2%) $ 17,339.14 - TOTAL COST $ 884,295.89 Letter of Credit Amount(Total X 110%) $ 972,725.48 ar/L/7. /) oipT �n L 0-sif , EFtiG b.---- -,--:_ot-,,t. JOB NAME:FOXHILL PUD(POD 10) JOB NUMBER:030871-03 LOCATION: UNITED CITY OF YORKVILLE PLAN DATE: 10-08-04 PRE-FINAL CITY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS CALC BY:GEK PREPARED BY SMITH ENGINEERING CONSULTANTS,INC. CHK BY:PJH 1211/2004 ONSITE IMPROVEMENTS PAY ITEM UNITS UNIT COST QUANTITY TOTAL COST ROADWAY CONSTRUCTION P.C.C.SIDEWALK 5"WITH 2"AGG.SUBBASE(6"THRU DRIVE WITH 5"AGG.SUBBASI SQ.FT. $ 2.95 8,955.4 $ 26,418.43 COMBINATION CONCRETE CURB AND GUTTER,TYPE(8-6.12) FOOT $ 10.30 2,042.5 $ 21,037.24 LOCAL STREET(100+20.13 TO 103+30.36)&TURN-AROUND-AREA AGGREGATE BASE COURSE MATERIAL(CA-6), 10"TYPE B OR APPROVED EQUAL SQ.YD. $ 6.60 1,676.4 $ 11,064.44 BITUMINOUS MATERIALS(PRIME COAT,MC-30) GAL $ 0.40 586.8 $ 234.70 BITUMINOUS CONCRETE BINDER COURSE CL 1,MIXTURE B, 2.5" SQ.YD. $ 4.95 1,676.4 $ 8,298.33 BITUMINOUS CONCRETE SURFACE COURSE,MIXTURE C,CL I,1.5" SQ.YD. $ 3.60 1,676.4 $ 6,035.15 AGGREGATE BASE COURSE CRUSHED STONE(CA-6),TYPE B 3.5"(UNDER CURB) SQ.YD. $ 2.50 213.9 $ 534.68 AMOCO 4551 GEOTEXTILE FABRIC OR EQUAL SQ.YD. $ 1.50 1,676.4 $ 2,514.65 MAIN STREET(STA 0+00 TO 5+89.83,STA 103+30.36 TO 103+55.10) AGGREGATE BASE COURSE MATERIAL(CA-6), 12"TYPE B OR APPROVED EQUAL SQ.YD. $ 7.80 2,459.6 $ 19,184.96 BITUMINOUS MATERIALS(PRIME COAT,MC-30) GAL $ 0.40 860.9 $ 344.35 BITUMINOUS CONCRETE BINDER COURSE CL 1,MIXTURE B, 4.5" SQ.YD. $ 8.90 2,459.6 $ 21,890.53 BITUMINOUS CONCRETE SURFACE COURSE,MIXTURE C,CL I,1.5" SQ.YD. $ 3.60 2,459.6 $ 8,854.60 AGGREGATE BASE COURSE CRUSHED STONE(CA-6),TYPE B 7.5"(UNDER CURB) SQ.YD. $ 5.40 353.5 $ 1,908.79 AMOCO 4551 GEOTEXTILE FABRIC OR EQUAL SQ.YD. $ 1.50 2,459.6 $ 3,689.42 FINE GRADE ROADWAY SQ.YD. $ 0.50 4136.04 $ 2,068.02 Sub-Total $ 134,078.26 ONSITE IMPROVEMENTS PAY ITEM UNIT UNIT COST QUANTITY TOTAL COST STORM SEWER CONSTRUCTION STONE RIPRAP,CLASS A3 SQ.YD. $ 48.00 12.0 $ 576.00 TRENCH BACKFILL CY $ 18.00 0.0 $ - STORM SEWERS,CLASS A,TYPE 2, 12" FOOT $ 17.00 663.0 $ 11,271.00 STORM SEWERS,CLASS A,TYPE 2, 15" FOOT $ 19.00 691.0 $ 13,129.00 STORM SEWERS,CLASS A,TYPE 2, 18" FOOT $ 21.00 286.0 $ 6,006.00 STORM SEWERS,CLASS A,TYPE 2,21" FOOT $ 24.00 255.0 $ 6,120.00 STORM SEWERS,CLASS A,TYPE 2,24" FOOT $ 28.00 35.0 $ 980.00 STORM SEWERS,CLASS A,TYPE 2,36" FOOT $ 36.00 137.0 $ 4,932.00 CATCH BASINS,TYPE C 2"DIAMETER,TYPE 8 GRATE EACH $ 1,000.00 2.0 $ 2,000.00 CATCH BASINS,TYPE A 4'DIAMETER,TYPE 11 FRAME AND GRATE EACH $ 1,000.00 4.0 $ 4,000.00 INLETS,TYPE A 2'DIA,TYPE 8 GRATE EACH $ 600.00 2.0 $ 1,200.00 INLETS,TYPE A,TYPE 11 FRAME AND GRATE EACH $ 600.00 2.0 $ 1,200.00 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 15"W/GRATE EACH $ 600.00 2.0 $ 1,200.00 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 21"W/GRATE EACH $ 700.00 2.0 $ 1,400.00 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 36"W/GRATE EACH $ 1,000.00 2.0 $ 2,000.00 MANHOLES,TYPE A,4'DIAMETER,TYPE 8 GRATE EACH $ 900.00 2.0 $ 1,800.00 MANHOLES,TYPE A,4'DIAMETER,TYPE 1 FRAME CLOSED LID EACH $ 900.00 4.0 $ 3,600.00 MANHOLES,TYPE A,4'DIAMETER,TYPE 1 FRAME OPEN LID EACH $ 900.00 5.0 $ 4,500.00 MANHOLES,TYPE A,5'DIAMETER,TYPE 1 FRAME CLSOED LID EACH $ 1,200.00 1.0 $ 1,200.00 MANHOLES,TYPE A,6'DIAMETER,TYPE 1 FRAME CLOSED LID(W/RESTRICTOR) EACH $ 2,000.00 1.0 $ 2,000.00 MANHOLES,TYPE A,6'DIAMETER,TYPE 1 FRAME CLOSED LID EACH $ 2,000.00 1.0 $ 2,000.00 INLET PROTECTION EACH $ 50.00 22 $ 1,100.00 Sub-Total $ 72,214.00 Vr 062-054504 `�\ I iris j ,.,..-f::: s i REGISTERED -0( : PROFESSIONAL i *0e i % ENGINEER ; // \ OF//it, , )ll 1‘1\, I _ V O, O rCST o United City of Yorkville Memo ), , '�' 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 c P 0Fax: 630-553-3436 <LE ,w Date: May 17, 2005 To: Tony Graff, City Administrator\ From: Joe Wywrot, City Engineer -. CC: Traci Pleckham, Finance Director Liz D'Anna, Deputy City Clerk Subject: Fox Industrial Park Project Attached find one copy of a proposed MFT appropriation resolution in the amount of $13,810.32. During a recent audit by IDOT of our MFT account, we identified expenses from our MFT funds that had not been previously accounted for. Apparently the final payout to Aurora Blacktop in the amount of$28,810.32 was paid from our MFT account rather than from the bond proceeds. We had previously passed an MFT appropriation resolution for $15,000.00 for material inspection,but invoices for that work were paid either from the bond proceeds or from the general fund. Therefore we only need to pass an MFT resolution for the difference of$13,810.32. This resolution sets the books straight from IDOT's prospective. _____ � Please place this item on the lic Works Committee agenda of Ma 23, 2005 for discussion. _ Construction sv Illinois Department Resolution for Improvement by I� Municipality Under the Illinois of Transportation Highway Code BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees United City of Yorkville Illinois City,Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Beaver Street N/A II. Route 47 Deer Street Badger Street N/A Beaver Street Wolf Street Wolf Street N/A Badger Street Deer Street Deer Street N/A Wolf Street II. Route 126 BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of roadway construction and shall be constructed N/A wide and be designated as Section 00-00023-00-FP 2. That there is hereby appropriated the (additional ® Yes ❑ No) sum of $13,810.32 Dollars ( $13,810.32 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. APPROVED I, Jacquelyn Milschewski Clerk in and for the United City of Yorkville City,Town or Village County of Kendall , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on nate IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of District Engineer (SEAL) City Clerk City,Town or Village BLR 4103(Rev. 11/00) United City of Yorkville Memo • , Public Works Department EST. 1836 800 Game Farm Road .� Yorkville, Illinois 60560 � • 40 Telephone: 630-553-4370 '1/44..E ‘�>> Fax: 630-553-4377 Date: May 13, 2005 To: Art Prochaska, Mayor From: Eric Dhuse, Public Works CC: Joe Besco, Chairman Subject: Solar Street Light Art, I received a quote for a solar street light from the same company that supplies Oswego Township with their lights, so I thought it would be a good one to compare to. The total cost for the solar light will be $8572.03, which includes the solar lighting system, pole and shipping. Currently we are paying $2600.00 per pole installed. In this instance, we will also incur costs for boring $400.00, wire $50+ , trencher rental $250, and easement costs which are unknown at this time. That puts the initial cost at approximately $3300 for our conventional street light. We would also have an electricity charge of$9.00+per month for as long as there was a street light at this location. Although the difference in price is significant, I believe that this is an ideal location to test a solar powered light. I am positive that this will not be the only location that we will need to consider an alternative to conventional lighting, and to do a test now would give us knowledge for the future. I would ask that this item be placed on the May 23, 2005 Public Works Committee meeting for discussion. During this time, I will keep checking with other companies to see what else is available. QUOTE #6006 5/11/2005 FROM: TO: SEPCO-Solar Electric Power Company City of Yorkville Public Works Treasure Coast Commerce Center Attn: Leann Kanan 7986 Jack James Dr coypw@comcast.net Stuart, Fl 34997 PH 772-220-6615 FAX 772-220-8616 TERMS EARLIEST SHIP FOB SHIP VIA PROJECT MANAGER Standard T&C 4-8 Wks Stuart, FL Yellow Frt. Stephanie Robbins ITEM NO. QTY Description UNIT UNIT PRICE TOTAL 1 2 SELS160-SLR26-DTD-SP EA 3,622.35 7,244.70 Solar Electric Lighting System 160 Watt Power Assembly Street Light Refractor Fixture W/26 Watt Lamp Dusk to Dawn Controller Side of Pole Bracket 2 2 FP24 EA 485.00 970.00 24' Fiberglass Tapered Pole Direct Burial GSA# GS-07F-0288M SUB TOTAL $8,214.70 EIN#65-0472624 Tax rate:* EXEMPT SHIPPING $357.33 TOTAL $8,572.03 Quote Good For 30 Days Authorized Signature United City of Yorkville Memo 0 111- 1% Public Works Department EST.14 1836 800 Game Farm Road � Yorkville, Illinois 60560 O9 O Telephone: 630-553-4370 to, Kendall Courtly E ‘V>> Fax: 630-553-4377 Date: May 16, 2005 To: Joe Besco, Chairman From: Eric Dhuse, Director of Public Works �Z CC: Subject: Education Joe, During my annual review, one of my goals and objectives was to continue my education in the field of Public Works. There is a set of courses offered through the Illinois Chapter of the American Public Works Association along with the Chicago Metro Chapter that specialize in the field of Public Works professionals. These courses are offered one week per year for 3 years. Upon the completion of each year of the class, up to 3 college credits will be awarded per year for a total of up to 12 credit hours. Although this course was not budgeted for this fiscal year, I believe that there will be enough money to cover the costs between the sewer, street and water department. I have attached a copy of the outline for reference. I would ask that this be placed on the May 23, 2005 Public Works Committee meeting for discussion. If you have any questions or comments,please feel free to call me at any time. Illinois Public Service Institute October 2 through October 7, 2005 Fact Sheet The Illinois Chapter of the American Public Works Association and the Chicago Metropolitan Chapter of the American Public Works Association,recognize the importance of promoting the advancement of public works among persons professionally involved in the delivery of public works infrastructure and services. They have formed a partnership to develop and promote educational and technical opportunities for their members. They are jointly underwriting the financial cost to develop the"Illinois Public Service Institute". The objective is to develop and provide mid-career development and training for municipal and county supervisory employees. WHAT IS I P S I? IPSI is a three-year training program which provides instruction expressly designed for city and county public service supervisors, managers and directors. The course is divided into three one-week sessions (one week each year)focusing on training in public service,personal growth and professional development. • Leadership Development - Leadership characteristics, role of public works in emergencies, critical issues, generational differences,supervising problem employees,managing aggressive behavior,and action planning. • Service Excellence - Defining excellence, stress and time management, managing critical issues, cultural diversity,performance appraisals,supervising problem employees, and effective communications. • Personal Supervisory Skills - Effectiveness in service delivery, influencing others, measuring performance delivery,conducting effective meetings,managing negativity,legislative update and creating action plans. The program is in the fourth year. The first year attracted 50 participants from across the state of Illinois. There were 80 people registered in 2003 and 90 people in 2004. IPSI participants consistently say that this is the best training program they have ever experienced. REGISTRATION Costs$650.00 The cost for one-week IPSI is$650 and includes: • Classes and instruction materials. • Breaks Monday through Friday. • Lunches Monday,Tuesday,Thursday. • Dinner on Sunday,Tuesday and Thursday. • Participants are on their own for breakfast every day and dinner on Monday and for lunch and dinner on Wednesday. • Registration deadline is September 6, 2005. LOCATION Thelma Keller Convention Center Phone: (217)540-7777 1202 North Keller Drive Rates: Rooms have been reserved at the Hilton P.O.Box 747 Gardens in Effingham$70.00 for single, double, Effingham,IL 62401 triple or quad,plus room tax. COLLEGE CREDIT Southern Illinois University Edwardsville will offer up to three hours of academic credit in an independent study format at either the undergraduate or graduate level for the completion of each year of the Institute. Outside course work including a reading list and a short paper will be required. Tuition and admission fees apply and are in addition to the IPSI registration fee. IPSI Partners and Sponsors American Pubic Works Association Illinois Chapter American Pubic Works Association Chicago Metro Chapter Illinois Municipal League Southern Illinois University Edwardsville Illinois Section American Water Works Association ADVISORY BOARD Each sponsoring organization provides a representative on the IPSI advisory board. Advisory board members will have the following responsibilities. • Attend planning meetings and provide guidance for program content. • Assist with locating subject matter experts to serve as presenters at the institute. • Represent the sponsoring organization at the institute. (For example:attend the orientation session,serve as a panelist or a presenter or attend the awards banquet.) • The sponsoring organization will be responsible for business and travel expenses associated with attending planning meetings and the institute ADDITIONAL INFORMATION Mary Bender IPSI Program Coordinator 618-792-3508 fax 231-797-8072 mbender102@aol.com 2 Nii—)',,,4 ii-i =`,cto C!pi. United City of Yorkville Memo - to't` 800 Game Farm Road EST.114 Rimmo1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 .61 1p Fax: 630-553-3436 '67SCE %•' Date: May 17, 2005 To: Tony Graff, City Administrator . From: Joe Wywrot, City Engineer CC: Traci Pleckham, Finance Director Liz D'Anna, Deputy City Clerk Subject: 2005 In-Town Drainage Improvement Change Order#2 Attached find correspondence regarding proposed Change Order#2 for the referenced project. This change order, in the amount of a $22,900.00 increase, is for re-alignment of the storm sewer on Liberty Street between Spring Street and Park Street. The plans called for the storm sewer to be located in the parkway on the east side of Liberty Street. When the JULIE locate request was called in, however, we found that an existing gas main is in conflict with the storm sewer near Spring Street, and that north of Spring a telephone cable is in conflict. One alternative would be to have the gas main and telephone lines relocated, which would delay the project by at least one to two months. Since a long delay would jeopardize the schedule of the roadway project that was recently awarded, we chose to evaluate the costs of relocating the storm sewer. The storm sewer could be moved either closer to the property line, placed just back of the curb, or constructed beneath the street. Placing is beneath the pavement would require us to pay for full-depth trench backfill. Putting it near the curb would require using full- depth trench backfill, as well as possibly replacing the curb, so we rejected that alternative. Placing the storm sewer beneath the sidewalk is about the same cost as constructing the main beneath the roadway, but would be very disruptive to the grassed areas(remember the problems we had on Spring Street a few years ago). Therefore I recommend that we have the storm sewer constructed beneath the street for an additional cost of$22,900. Constructing the storm sewer in that location will have the added benefit for improving the drainage characteristics of the roadbed. The actual change order form has not been generated yet, but will be forwardesoon as I get it. Please place this item on the Public Works •mmittee agenda of May 2 , 2005 for consideration. - " 5//05- �5- ,05/17/275 47 15305573744 RA UEEFT COST RAG:E 01/02 R A Ubert Construction PO Box 160 6650-E Minkler Rd Yorkville, IL 60560 Office 630-553-3733 Fax 630-553-3744 FAX TRANSMITTAL TO: 7-1a-C COMPANY: C__ lrnck ' • FAX NUMBER: 6-5 3 FROM: 7e DATE: 6 / 7 - 6S TOTAL NUMBER OF PAGES, INCLUDING THIS PAGE: ADDITIONAL NOTES: ,05/17/2005 10: 47 1E305533744 PA UBEFT COt1ST FOIE 02/02 R A Ubert Construction PO Box 160 6650-E Minkler Rd Yoria1110, Il 60560 Office 630-553-3733 Fax 630-S53-3744 May 17, 2005 Attn: Mark Landers Smith Engineering Consultants, Inc. 759 John Street Yorkville, IL 60560 Re: Liberty & Somonauk Mark: Per our conversation today, May 17th, here are the prices you requested: GiesGrlpfion quantity I unit price! __ I toial !Pipe in road ! 'trench backfill 1,055 cy $20.00 cy $21,100.00 sawcut asphalt 600 If $3.00 i If $1,800.00 total $22,900.00 !PI a In parkway !curb R&R --- I 585 If $27.85 If $16,292.25 isidewalk R&R 2,848 sf I $6,55sf $18 65440 'landscape restoration 767 sy $5.00 sy $3,835.00 total]. $38,781.65 Sincerely, Ralph Ubert TRANSMITTAL Date: May 16, 2005 Number of Pages: (Incl. cover sheet) Attn: Mr. Joe Wywrot, P.E. City Engineer Enginnoring From: William E. Dunn, P.E. Enterprises. To: United City of Yorkville Senior Project Manager Inc_ 800 Game Farm Road Yorkville, IL 60560 Reference: United City of Yorkville Wells No. 3& 4 Raw Water Main/King St. Finished Water Main Fax#: EEI Job #: YO0109 Transmit Via: _ Fax x Hand Carry _ US Mail _Overnight _ UPS _FedEx Items Transmitted: _Correspondence _Contracts _ Drawings _Prints _Plans x Other Copies Date No. Description 2 03/29/05 Illinois Railnet"Pipeline Crossing Agreement"for the crossing of Hydraulic Avenue at the alley east of Main Street THESE ARE TRANSMITTED as checked below: x For approval _For your use x As requested x For Signature For bids due , 20 Comments: This Pipeline Crossing Agreement is submitted for execution. After reviewing the document, please execute both copies of the agreement and prepare a check in the amount of $8,150.00 payable to Illinois RailNet, Inc. Please submit both copies of the agreement and the payment to our office for forwarding to Illinois RailNet, Inc. pc: Mr. Tony Graff, City Administrator Mr. John Wyeth, City Attorney Ms. Traci Pleckham, Dir. of Finance JTW/JWF, EEI 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630/466-9350 Fax: 630/466-9380 www.eeiweb.com Illinois RailNet, Inc. Real Estate Department PMB 161 11250-15 St Augustine Road Jacksonville,FL 32257-1147 Tel: 800-818-0184 Fax: 904-448-1215 March 29, 2005 Amy Sellner Project Engineer Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Dear Ms. Sellner: Enclosed for your handling are duplicate originals of Pipeline Crossing Agreement (IR-32905). Please have all originals executed and returned to my attention along with a check for $8,150 to cover the fees as outlined in Section 2 of the Agreement. Upon receipt, we will provide a fully executed original for your files. Please contact me at the number above if you have any questions or require additional information. incerely, o114---n A. Pusting er , f Director-Real Esta APR - 4 2005 i 1 J IR Form 3537-A Revised October 2003 Agreement No.IR-32905 PIPELINE CROSSING AGREEMENT THIS AGREEMENT,Made as of March 29,2005,the"Effective Date",by and between Illinois RailNet, Inc.,a Delaware corporation,whose mailing address is PMB 161,11250-15 St.Augustine Road, Jacksonville,FL 32257-1147,hereinafter called"Licensor", and the City of Yorkville,whose mailing address is 800 Game Farm Road,Yorkville,IL 60560,hereinafter called"Licensee"WITNESSETH: WHEREAS,Licensee desires to construct,use and maintain a 12 inch pipe for the conveyance of raw water,hereinafter called"Pipeline",under and across the tracks and property owned or controlled by Licensor at or near Yorkville,Kendall County,Dlinois, crossing Railroad's trackage at 200 feet East of South Main Street,including necessary aerial or subterranean crossings,hereinafter called the "Crossing";as shown on Exhibit A,attached hereto and made a part hereof. NOW,THEREFORE,in consideration of the mutual covenants,terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Licensor,insofar as it has the legal right,power and authority to do so, and its present title permits,and subject to: (A) Licensor's present and future right to occupy,possess and use its property within the area of the Crossing for any and all purposes; (B) all encumbrances, conditions,covenants and easements applicable to Licensor's title to or rights in the subject property;and (C) compliance by Licensee with the terms and conditions herein contained; does hereby grant to Licensee the nonexclusive license and permit to construct, maintain, repair, renew,operate,use, alter or change said Pipeline at the Crossing above for the term herein stated, and to remove same upon termination. 1.2 The term Pipeline,as used herein, shall include only the pipes, ducts,casing,vents, manholes, connectors,fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage above within the Crossing, and as shown on the attached Application Form. 1.3 No additional Pipelines or facilities shall be placed, allowed or maintained by Licensee in,upon or along the Crossing except upon separate prior written consent of Licensor. 2. LICENSE FEE,TERM: 2.1 Licensee shall pay to Licensor a one-time lump sum License Fee of Seven Thousand Five hundred U. S.Dollars($7,500),payable on or before the Effective Date of this agreement. 2.2 In addition to the above fee,Licensee will also pay a one-time contract preparation and administration fee of Six Hundred Fifty U.S.Dollars($650). 2.3 However,Licensee assumes sole responsibility for,and shall pay directly(or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Pipeline. 1 IR Form 3537-A Revised October 2003 Agreement No.IR-32905 3. CONSTRUCTION,MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct,maintain,relocate,repair,renew,alter, and/or remove said Pipeline, in a prudent,workmanlike manner,using quality materials and complying with any applicable standards or regulations of Licensor,A.R.E.A. Specifications,Licensee's particular industry, and/or any governmental or regulatory body specifications and regulations that may have jurisdiction over the Crossing. 3.2 Location and construction of Pipeline shall be made strictly in accordance with designs and specifications furnished to and approved by Licensor and of materials and sizes appropriate for the purposes above recited. 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at times satisfactory to Licensor and in a manner so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's tracks and appurtenances thereto. 3.4 In the installation and/or maintenance of said Pipeline,Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent,a representative will be assigned by Licensor to monitor blasting,and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to Pipeline which are reasonably necessary to protect or facilitate Licensor's use of its property shall be made by Licensee promptly,but in no event later than ten(10)days after Licensee has notice as to the need for such repair or maintenance,whether or not such repairs or maintenance result from acts of Licensee, natural or weather events or otherwise. 3.6 Licensor,in order to protect or safeguard its property,rail operations, equipment or employees from imminent damage or injury,may request immediate repairs or renewal to the Pipeline,and if the same is not performed,may make or contract to make such repairs or renewals,at the sole risk,cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done,material used,or method of construction or maintenance of said Crossing,nor any approval given by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as waiver by Licensor of any of the obligations,liability and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense including losses resulting from train delays and inability to meet train schedules caused by any failure of Licensee to make repairs or maintenance, or from improper or incomplete repairs or maintenance. 2 IR Form 3537-A Revised October 2003 Agreement No.IR-32905 4. PERMITS,LICENSES: 4.1 Before any work is performed,or before use of the Crossing for the contracted purpose, Licensee,at its sole cost and expense, shall obtain all necessary permits(including but not limited to zoning,building,construction, health,safety or environmental matters), letters or certificates of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permits,approvals and authorizations, and shall comply with all applicable ordinances,rules,regulations,requirements and laws of any governmental authority(State,Federal or Local)having jurisdiction over Licensee's activities,including the location, contact,excavation and protection regulations of the Occupational Safety and Health Act(OSHA)(29 CFR 1926.651(b),et al.),and State"One Call"—"Call Before You Dig"requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permits or approvals,for any violations thereof or for costs or expenses of compliance or remedy. 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation upon Licensor's property,Licensee, at its sole cost and expense, shall: (A) support tracks and roadbed of Licensor,in a manner satisfactory to Licensor, (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor;and (C) either remove any surplus earth or material to be placed and distributed at locations and in such manner Licensor may approve. 5.2 After construction of Pipeline,Licensee shall: (A) restore said tracks,roadbed and other disturbed property of Lincensor,to a condition reasonably satisfactory to Licensor;and (B) erect,maintain and periodically verify the accuracy of aboveground markers,in a form approved by Licensor,indicating the location,depth and ownership of any underground Pipeline or related facilities. 6. TRACK CHANGES: 6.1 In the event that Licensor's rail operations and/or track maintenance result in any changes in grade or alignment of or additions to Licensor's tracks or other facilities,or in the event future use by Licensor of Licensor's right-of-way and property necessitate any change of location,height or depth in Pipeline,Licensee, at its sole cost and expense and within thirty(30)days after notice in writing from Licensor, shall make changes in Pipeline to accommodate Licensor's tracks or operations. In no event shall any alteration in the Licensees' sanitary sewer be made which will inhibit the design use as constructed pursuant to this Agreement. 6.2 If Licensee fails to do so,Licensor may make such changes,at Licensee's cost. 3 IR Form 3537-A Revised October 2003 Agreement No.IR-3 2905 7. PIPE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth of Pipeline and Crossing in relation to Licensor's tracks and facilities,and shall relocate Pipeline or change Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of this Agreement. 7.2 If Licensee undertakes to revise,renew,relocate or change in any manner whatsoever all or any part of Pipeline(including any change in circumference,diameter or radius of pipe or change in materials transmitted in and through said pipe),or is required by any public agency or court order to do,plans therefor shall be submitted to Licensor for approval before any such change is made,which approval will not be unreasonably withheld. After approval,the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILEHES: 8.1 Although the Pipeline herein permitted may not presently interfere with Licensor's railroad operations or facilities,in the event that the operation,existence or maintenance of said Pipeline,reasonably causes: (a)interference(physical,magnetic or otherwise) with Licensor's communication,signal or wires,power lines,train control system, or other facilities;or(b)interference in any manner with the operation,maintenance or use by Licensor of its right-of-way,tracks,structures,pole lines,devices, other property, or any appurtenances thereto;then,and in either event,Licensee,upon receipt of written notice from Licensor of any such interference,and at Licensee's sole risk,cost and expense, shall promptly make such changes in its Pipeline as may be required to reasonably eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so,at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect Pipeline,Licensor hereby reserves the right to inspect same and to require Licensee to undertake reasonable repairs, maintenance or adjustments to Pipeline,which licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK,LIABILITY,INDEMNITY: With respect to the liabilities of the parties,it is hereby agreed that: 9.1 Licensee hereby assumes,and shall at all times hereafter release,indemnify,defend and save Licensor harmless from and against any and all liability,loss,claim, suit,damage, charge or expense which Licensor may suffer, sustain,incur or in any way be subjected to,on account of death of or injury to any person whomsoever(including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of resulting from, or in any way connected with the presence, existence,operations,or use, of Pipeline or any structure in connection therewith, or in the restoration of premises or Licensor to good order or condition after removal,EXCEPT when proven to have been cause solely by the fault,or negligence of Licensor. 9.2 Notwithstanding Section 9.1,Licensee also expressly assumes all risk of loss which in any way may result from Licensee's failure to maintain either required clearances,for any overhead Pipeline or the required depth and encasement for any underground Pipeline. 4 IR Form 3537-A Revised October 2003 Agreement No. IR-32905 9.3 Obligations of Licensee hereunder to defend,release,indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control or are controlled by or subsidiaries of or are affiliated with Licensor,and the officers, employees and agents of each. 9.4 If a claim or action is made or brought against either party,for which the other party may be responsible hereunder in whole or in part, such other party shall be notified and permitted to participate in the handling or defense of such claim or action. 10. INSURANCE: 10.1 Prior to installation or occupation of the Pipeline pursuant to this Agreement,Licensee will add Licensor to its existing Public Liability or Commercial Liability Insurance,or Licensee shall procure, and shall also maintain during continuance of this Lease, at its sole cost and expense,a policy of Public Liability or Commercial Liability Insurance, naming Licensee as insured and Licensor as additional insured, covering liability under this License. Coverage of not less than Three Million U.S.Dollars($3,000,000) Combined Single Limit per occurrence for bodily injury and property damage is recommended as a prudent minimum to protect Licensee's assumed obligations hereunder. If said policy does not automatically cover Licensee's contractual liability under this Lease, a specific endorsement adding such coverage shall be purchased by Licensee. If said policy is written on a"claims made"basis instead of an"occurrence" basis,Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.2 If said CGL policy is written on a"claim made"basis instead of a"per occurrence"basis, Licensee shall arrange for adequate time for reporting losses. If said CGL policy does not automatically cover Licensee's contractual liability during periods of survey, installation,maintenance and continued occupation,a specific endorsement adding such coverage shall be purchased by Licensee. Failure to do so shall be at Licensee's sole risk. 10.3 Securing such insurance shall not limit Licensee's liability hereunder,but shall be additional security therefor. 10.4 Licensor may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's demand shall be considered a default, subject to Article 13. 11. GRADE CROSSINGS,FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over tracks of Licensor, except at public road crossings,without separate prior written approval of Licensor. 11.2 If Licensor deems it advisable, during the progress of any construction,maintenance, repair,renewal, alteration,change or removal of said Pipeline,to place watchmen, flagmen,inspectors or supervisors for protection of property or operations of Licensor or others on Licensor's property at the Crossing,and to keep persons,equipment and materials away from Licensor's tracks,Licensor shall have the right to do so at the sole cost and expense of Licensee,but Licensor shall not be liable for failure to do so. 5 IR Form 3537-A Revised October 2003 Agreement No. IR-32905 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and existing labor agreements,Licensee may provide such flagmen,watchmen,inspectors or supervisors during all times of construction,at Licensee's sole risk, and expense;and in such event,Licensor shall not be liable for the failure or neglect of such watchmen, flagmen,inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any reasonable additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of pipe changes shall also be paid by Licensee. 12.2 Licensor's expense for wages and materials for any work performed at expense of Licensee,pursuant to any stipulation of this Agreement, shall be paid by Licensee within thirty(30)days after receipt of Licensor's bill therefor. 12.3 Such expense shall include,but not be limited to,cost of railroad labor and supervision under"force account"rules,plus current applicable overhead percentages,the actual cost of materials,plus insurance,freight and handling charges on all materials used. Equipment rentals shall be in accordance with Licensor's applicable fixed rates. 12.4 All undisputed bills or portions of bills not paid within said thirty(30)days shall thereafter accrue interest at twelve percent(12%)per annum,unless limited by local law, and then at the highest rate so permitted. Unless Licensee shall have furnished detailed objections to such bills within thirty(30)days,bills shall be presumed undisputed. 13. DEFAULT,BREACH,WAIVER: 13.1 Any waiver by either party at any time of its rights as to any covenants or condition, or any subsequent breach thereof,unless such covenant or breach is permanently waived in writing by said party. 14. TERMINATION,REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease and end upon Licensee's removal of Pipeline from the Crossing. However,termination or revocation of this Agreement shall not affect any claims and liabilities which may have arisen or accrued hereunder,and which at the time of termination or revocation have not been satisfied; neither party,however,waiving any third party defenses or actions. 15. NOTICE: 15.1 Licensee shall give Licensor's at least five(5)days written notice before doing any work of any character hereunder on Licensor's property, except that in cases of emergency shorter notice may be given to said Licensor. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address first written above and to Licensor at the address first written above, or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail,Return Receipt Requested, or by courier, and shall be effective upon actual receipt, or date of refusal of such delivery. 6 IR Form 3537-A Revised October 2003 Agreement No.IR-3 2905 16. ASSIGNMENT: 16.1 The rights herein conferred are the privilege of Licensee only,and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein. 16.2 Subject to Section 2.2 and 16.1,this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns,or heirs,legal representatives and assigns, as the case may be. 16.3 Licensee shall give Licensor written notice of any legal succession(by merger, amalgamation,consolidation,reorganization,etc.)or other change of legal existence or status of Licensee,with a copy of all documents attesting to such change or legal succession,within thirty(30)days thereof. Any change of legal existence,including a name change, of Licensee will be acknowledged by the assignment of this Agreement or a new Agreement prepared to provide for the continuation of this license and permit. 16.4 Licensor expressly reserves the right to assign this Agreement,in whole or in part,to any grantee or vendee of Licensor's underlying property interests in the Crossing,upon notice thereof to Licensee. 16.5 In the event of sale or other conveyance by Licensor of its right-of-way, across,under or over,which the Crossings is constructed,Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific right-of-way, and to operate,maintain,repair,renew thereon and to remove therefrom the facilities of Licensee, subject to all other terms of this Agreement. 17. 1'11LE,LIENS,ENCUMBRANCES: 17.1 Licensee shall not at any time own or claim any right,title or interest in or to Licensor's property occupied by Licensee's Pipeline,nor shall the exercise of this Agreement for any length of time give rise to any right,title or interest in Licensee to said property other than the license herein created. 17.2 Nothing herein shall be deemed to act as any warranty,guarantee, or representation of the quality of title of the Rail right-of-way of corridor occupied or used under this Agreement. 17.3 Nothing in this Agreement shall be deemed to give,and Licensor hereby expressly waives, any claim of ownership in and to any part of Licensee's Pipeline. 17.4 Licensee shall not create or permit any mortgage,pledge, security,interest,lien or encumbrances, including without limitation,tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation,repair,maintenance or operation of Licensee's Pipeline in or on any portion of the Crossing collectively,"Liens or Encumbrances",to be established or remain against the Crossing or any portion thereof or any other Licensor property. 17.5 In the event that any property of Licensor becomes subject to such Liens or Encumbrances,Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances has been filed or docketed against the Crossing or any other property of Licensor;however,Licensee reserves the right to challenge, at its sole expense,the validity and/or enforceability of any such Liens or Encumbrances. 7 IR Form 3537-A Revised October 2003 Agreement No.IR-32905 18. GENERAL PROVISIONS: 18.1 This Agreement,and the attached specification, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof,nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 The form or any language of this Agreement shall not be interpreted or construed in favor of or against either party hereto as the drafter thereof. 18.4 This Agreement is executed under current interpretation of any and all applicable Federal, State,County,Municipal or other local statute,ordinance or law. Each and every separate division(paragraph,clause,item,term, condition,covenant or agreement) hereof shall have independent and severable status from each other separate division for the determination of legality, so that if any separate division is determined to be void or such determination shall have no effect upon the validity of enforceability of each other separate division,or any other combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Pipeline is located. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate(each of which shall constitute an original)as of the date and year first above written. Witness for Licensor: Illinois RailNet,Inc. By: Name: John A Pustinger Title: Director-Real Estate Witness for Licensee: City of Yorkville By: Tax Identification Number: 8 1R 7455 Rev. 1/5/05 APPLICATION FOR PIPELINE CROSSING UNDER/OVER PROPERTIES AND TRACK Application and plans must be approved and written authority received from the Railroad Company before construction is begun. Original and one copy of both application and drawing, along with a nonrefundable Application Fee in the amount of$1,000.00 is to be submitted to: Illinois RailNet,Inc.,PMB 161, 11250-15 St.Augustine Road,Jacksonville,FL 32257-1147. 1. Reference/File Number: 2. Complete Legal Name of applicant: United City of Yorkville Company Contact Name: Arthur F. Prochaska Jr. Title: Mayor Telephone: ( 630 l) 553-4350 Fax:( 630 ) 553-7575 3. Address: 800 Game aRM Road City: Yorkville State: IL rip: 60560 4. Type of business: Individual, • Developer, X Municipality, Corporation, (State in which incorporated: ), Partnership,(type and state of Partnership ) 5. Location: feet (dirertinn)from Railroad Milepost Valuation Station of Crossing if known: Val Map No. 6. Town: Yorkville County: Kendall State: IL 7. Angle of crossing: 93 8. Temporary track support or riprapping required? Yes No X (Describe and Detail on Drawing) 9. Wires,poles,obstructions to be relocated? Yes No X (Describe and Detail on Drawing) 10. Product to be conveyed Raw Water Flammable? Yes No X Temperature 11. Max.Working Pressure 80 PSI. Field Test Pressure 150 PSI.Type Test 2 Hr Static 12. Location of shut-off valves 133' South of proposed crossing; and 140' North of tracks at Main St. 13. Number of manholes located on Railroad Right-of-Way: 0 14. PIPE SPFC:IFTC:ATTONS• CARRTRR PTPF.• CASING PTPR. Material Class 52 DIP Steel Material Specifications&Grade ANSI/AWWA — C15 1.51 ASTM A-139, Grade B Minimum Yield Strength of Material PSI 42,000 35,000 Inside Diameter 12" 24" Wall Thickness 0.37" 0.375" Outside Diameter 12.74" 24.75" Type of Seam None Per ASTM A 283, Grade C Kind of Joints Mechanical Solid Weld Total Length Within Railroad Right-of-Way 35 (combined ROW) 35 (combined ROW) Vents:Number N/A Size Height above ground Seals:Both ends N/A One end Bury:Base of rail to top of casing 9 feet, 0 inches, Bury(Not beneath tracks) 5 feet, 6 inches Bury: (Below ditches) 5 feet, 6 inches CATHODIC PROTECTION: Yes No XInterior: cement—mortar linir PROTECTIVE COATING: Yes X No Kind Exterior: polyethylene wrap 15. Method of installation Bore & Jack 16. If application is a revision to an existing agreement,give agreement number and date: 17. If this a supplement to a master(general)agreement,give agreement number and date: 18. If Aegis member,work to be performed by: Contractor Company employees 19. Will pipe be located in limits of public road Right-of-Way? Yes X No . (If"yes", show name road number and width of Right-of-Way on print). DOT/AAR Crossing No. 65 030X Proposal and construction must be in accordance with IR's Specifications,The American Railway Engineering Association,and any governing laws or regulations. Please note that although the specifications furnished in the P': ire Application Package are to be used as a guideline only,IR reserves the right to approve or decline an a'plicati$_44,,,,,,,,.....n. 4 ..../ 2/2,3,/d5- ai4P Date Signature&Title of Officer Making Applicatio,( (J Please Type or Print: Arthur F. Prochaska Jr. Mayor (630) 553-4350 Name Title Telephone Number SUBMIT WITH APPLICATION SEE ATTACHED PROFILE Pipeline and Crossing to be installed and Maintained in accordance with latest approved AMERICAN RAILWAY ENGINEERING ASSOCIATION'S"Specifications for Pipelines Carrier Casing For Conveying Flammable and Non-flammable Pipe Lim Substances." ,- Contents to be handles Raw Water Outside diameter 12.74" 24.75" Illinois RailNet,Inc. Pipe material Class 52DIP Steel Specifications and grade ANSI/AWWAc151/A21.51/AS2 A--1339 Wall thickness 0.37" 0.375" race B United City of Yorkville, Actual working pressure RO N/A Yorkville, IL Type ofjoint jv(erhani ral Sol i d Weld Coating Polyethylene wrap None Method of installation Bo -e & Jack Bre & Jack Vents: Number N/A Size tigt.Above ground Seal: Both ends N/A One end Bury: Base of rail to top of casing 9 ft. 0 in. Bury. (Not beneath tracks) 5 ft. 6 in. Bury: (Roadway ditches) _eft. _fi_in. Cathodic protection: No — Type,size and spacing of insulators or supports PX PIPELINE ONLY Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors May 19, 2005 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 R.E.: Transportation Study Dear Mr. Graff: As requested, a scope of services for performing the Transportation Study we have discussed is attached. Based on this scope, the fee for this study would be approximately $65,000.00. When the scope has been finalized, we will provide our usual breakdown for cost. Please review the scope, and should you have any questions or if you would like to meet or further discuss this matter, please contact me at (630) 553-7560. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. i ,y Jason J. Poppen Executive Vice President JJP/jmk Attachment P:\Employees\Engineering\ASvihra\YORKVILLE TRANSPORTATION\Transportation Study.doc 759 John Street,Yorkville,IL 60560 www.smithengineering.com Telephone 630.553.7560 Fax 630.553.7646 YORKVILLE TRANSPORTATION ANALYSIS SCOPE OF WORK Approach As part of the Illinois Department of Transportation's (IDOT) Prairie Parkway Phase 1 Preliminary Engineering Study a traffic forecasts and analyses were prepared using an expanded and detailed version of the Chicago Area Transportation Study (CATS) regional travel demand forecasting model. This travel model will be used to conduct an analysis of future transportation needs for Yorkville. Our approach to this analysis is described below. 1. Review Population and Employment Forecasts Population and employment forecasts are the primary input to the traffic model. Both 2000 and 2030 population and employment forecasts by transportation analysis zone have been prepared as part of the Prairie Parkway Study. The population and employment forecasts for the Yorkville area for both 2000 and 2030 by transportation analysis zone will be provided. Upon review of these forecasts by Yorkville any revisions to the population and employment forecasts will be make at the transportation analysis zone level. These revisions will be incorporated into the population and employment forecasts. A post-2030 build out scenario for population and employment by transportation analysis zone will also be developed. The post-2030 build out population and employment forecasts for the Yorkville area will be incorporated into a representative post-2030 population and employment for use in the travel model. 2. Perform 2000, 2020 and Post-2030 Base Roadway Network Travel Simulations The team will prepare 2000, 2020 and post-2030 travel simulations using agreed upon base roadway networks to determine transportation deficiencies and needs. The base roadway network assumptions for the Yorkville area for use in the 2020 and post-2030 travel simulations will be provided by Yorkville. These improvements will be coded into the roadway network and travel simulations for 2000, 2020 and post-2030 will be performed. The resulting travel forecasts will be used to identify 2020 and post-2030 roadway network deficiencies and needs using measures such as traffic volumes and volume-capacity ratios (level of service analysis will not be performed). Appropriate graphics will be developed to illustrate these future roadway deficiencies and needs. 3. Test Roadway Improvement Scenarios Two roadway improvement scenarios will be tested for the 2020 and post-2030 time frames. Yorkville will provide the proposed roadway improvements (limits of improvement, number of through lanes, speed limit, etc.). Up to four alternative roadway networks will be coded and two travel simulations each for 2020 and post-2030 time frames will be run. The results of the travel simulations will summarize includingtraffic volumes and volume-capacity ratios (level of service P Y analysis will not be performed). This information will also be summarized in appropriate graphics to illustrate the affects of the alternative roadway improvement scenarios. PARSONS 1 BRINCKERHOFF Meetings Assume eight (8) meetings with city staff to receive input regarding proposed road improvements and developments and to discuss the results of the traffic modeling. Assume attendance at two (2) board meetings to present and discuss traffic modeling findings. Assume one (1) additional meeting (presentation) to an unknown group. Holding a public meeting is not included. Model Review and Coordination Analyze model results for accuracy and coordinate various input and modeling with Parsons Brinckerhoff. Schedule A six-month schedule is proposed from notice to proceed. This schedule is contingent upon timely receipt of travel model input assumptions. PARSONS 2 BRINCKERHOFF )re I) l P��ENT OF lSF ti United States Department of the Interior II 29 y - a' U.S. GEOLOGICAL SURVEY gRCH 3 ILLINOIS WATER SCIENCE CENTER 1201 WEST UNIVERSITY AVENUE, SUITE 100 URBANA, ILLINOIS 61801-2347 (217) 344-0037 FAX (217) 344-0082 WEB SITE: il.water.usgs.gov/ May 2, 2005 Mr. Anton Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Tony: Reference a discussion between you and Tim Straub of my staff. Enclosed are three modifications the Joint Funding Agreements (JFA) for the period October 1, 2004 through September 30, 2005 to continue the ongoing Blackberry Creek floodplain study. The modification changes the expenditures to $44,490 by the U.S. Geological Survey and $44,490 by the City of Yorkville. If you concur, please sign two modifications and return them to this office for processing. Work performed with funds from this agreement will be conducted on a fixed-price basis. We appreciate your continued interest in the cooperative program. Should you have any questions, please contact me at (217) 344-0037, extension 3005. Sincerely, Robert R. Holmes, Jr., PhD, P.E. Director, USGS Illinois Water Science Center Enclosures UNITED STATES DEPARTMENT OF INTERIOR U.S. GEOLOGICAL SURVEY AMENDMENT OF JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS This amendment is for the agreement dated August 2, 2004. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation to conduct a flood- plain study for Blackberry Creek herein called the program. 2. Paragraph 2a of the agreement is hereby X increased/n/c decreased by $ 20,000 to read as fol- lows: (a) $44,490 by the party of the first part during the period n/c to n/c Paragraph 2b of the agreement is hereby X increased/n/c decreased by $20,000 to read as fol- lows: (b) $44,490 by the party of the second part during the period n/c to n/c Billing for this agreement will be rendered quarterly. Payments of bills are due within 60 days after billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30-day period, or portion therefo, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.) IL099-- City of Yorkville UNITED STATES DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY eEd)aeZe66t4J By Date: (Signature) Robert R. Holmes, Jr. By (Name) Date: Director,USGS Illinois Water Science Center (Title) By May 3, 2005 Date: Date PP.coENT OF Th� United States Department of the Interior or--nit 744 foi 1, 8a9 U.S. GEOLOGICAL SURVEY 4RCH 3 � WATER RESOURCES DISCIPLINE 221 NORTH BROADWAY AVENUE, SUITE 101 URBANA, ILLINOIS 61801-2748 (217) 344-0037 FAx(217) 344-0082 WEB SITE: il.water.usgs.gov/ April 29, 2004 Mr. Anton Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Tony: Thank you for the opportunity to present the Blackberry Floodplain and Floodway Mapping proposal to the Yorkville Public Works Department committee. At the request of the committee we are submitting the following packet for the May 4, 2004 board meeting: • Revised Joint Funding Agreement (JFA) for the full Yorkville portion of the project— $24,490 • Simple three page summary outlining the project, models used, and USGS contact information Enclosed are three Joint Funding Agreements (JFA) for the period April 29, 2004 through September 30, 2004 to survey channel cross sections from Blackberry Creek for purposes of later efforts to conduct a floodplain study project. This agreement provides for an expenditure of $24,490 by the U.S. Geological Survey and $24,490 by the City of Yorkville. This JFA replaces the JFA dated March 23, 2004. The committee did not consider it necessary for a USGS representative to attend the May 4 meeting, but Tim Straub of my staff will be in the Chicago area during the week of May 3, 2004, if you need him to attend. The survey work has been completed and there is a strong need for us to get the JFA signed soon. If you have questions or comments about any of the information, please contact me at (217) 344-0037, extension 3005 or bholmes@ usgs.clov, or Tim Straub at (217) 344-0037, extension 3024 or tdstraub @ ugsg.Qov. If you concur, please sign two JFAs and return them to this office for processing. Work performed with funds from this agreement will be conducted on a fixed-price basis. We appreciate your continued interest in the cooperative program. Si gf :_.6 Robert R. Holmes,Jr., PhD, P.E. District Chief Illinois District Page 1of1 Form 9-1366 U.S. Department of the Interior Customer#: (Nov. 1998) U.S.Geological Survey Agreement#: Joint Funding Agreement Project#: TIN#: Fixed Cost Agreement Yes FOR Water Resources Discipline THIS AGREEMENT is entered into as of the 29th day of April, 2004, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR,party of the first part,and the City of Yorkille,party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation to survey channel cross sections from Blackberry Creek for purposes of later efforts to conduct a floodplain study project herein called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program (a) $24,490 by the party of the first part during the period April 29,2004 to September 30,2004 (b) $24,490 by the party of the second part during the period April 29,2004 to September 30,2004 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program,all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original recordsresulting from this program will be deposited in the office of origin of those records.Upon request,copies of the original records will be provided to the office of the other party. 8. The maps, records,or reports resulting from this program shall be made available to the public as promptly as possible.The maps,records,or reports normally will be published by the party of the first part. However,the party of the second part reserves the right to publish the results of this program and,if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps,records,or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. Billing for this agreement will be rendered annually. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period,or portion thereof,that the payment is delayed beyond the due date. (31 USC 3717;Comptroller General File B-212222,August 23, 1983). U.S.GEOLOGICAL SURVEY City of Yorkville UNITED STATES DEPARTMENT OF THE INTERIOR 0 t By: ��'%l! % / Date 6 . B 'Lk Date II/2 6/� I 111—._, .�► - I It (6 -/ Title •obert R.Holmes,Jr., Distr ct Chief • By: Date (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) httm-ilacvarpcafl 1 er,,.cQ.c_gov/WebForms/9-1366.nsf/a6b604c68916253085256d83006e1a60?Ope... 4/29/2004 PROJECT PROPOSAL Floodplain and Floodway Mapping for Blackberry Creek in Kendall County, Illinois Prepared for Kendall County, City of Yorkville, and Village of Montgomery U.S. Geological Survey, WRD 221 North Broadway Urbana, Illinois 61801 (217) 344-0037 Ext. 3055 (David Soong) (217) 344-0037 Ext. 3024 (Tim Straub) Model Details Hydrology Model The development and application of mathematical models to simulate the movement of pollutants through a watershed and thus to anticipate environmental problems has been the subject of intensive EPA research for a number of years. An important tool in this modeling approach is the Hydrological Simulation Program - FORTRAN (HSPF) (Bicknell and others, 2000), which uses computers to simulate hydrology and water quality in natural and man-made water systems. HSPF is designed for application to most watersheds using existing meteorologic and hydrologic data. Although data requirements are extensive, HSPF is thought to be the most accurate and appropriate management tool presently available for the continuous simulation of hydrology and water quality in watersheds. Rosemarie C. Russo, Ph.D., USEPA HSPF is used to simulate water quantity and quality for numerous scenarios involving changes in land use, land-use management practices, and water-management operations. To assist with that process, an interactive computer program, GENeration and analysis of model simulation SCeNarios (GenScn), was developed to create simulation scenarios, analyze results of the scenarios, and compare scenarios. Hydraulic Model The HEC-RAS (Hydrological Engineering Center - River Analysis System) hydraulic model (U.S. Army Corps of Engineers, 2001) is intended for calculating water surface profiles for steady gradually varied flow in natural or man-made channels. Effects of various obstructions such as bridges, culverts, weirs, and structures in the floodplain may be simulated in the computation. The HEC-RAS has enhanced the enhanced graphical user interface (GUI) for data and result organization; has the capacity of computing with a mixed flow regime (sub-, super-critical and mixed flows). Floodplain delineation and floodway determination can be done with HEC-RAS and the HEC-RAS also is an accepted computer model by FEMA for NFIP usage. References Bicknell, B.R., Imhoff, J.C., Kittle, J.L., Jr., Jobes, T.H., and Donigian, A.S., Jr., 2000, Hydrological simulation program — FORTRAN (HSPF): User's manual for release 12: U.S. Environmental Protection Agency Research Laboratory, Athens, Ga. U.S. Army Corps of Engineers, 2001, HEC-RAS River Analysis System, Hydraulic Reference Manual —Version 3.0.1.: Hydrologic Engineering Center, U.S. Army Corps of Engineers, Davis, Calif., various chapters plus appendices. I1 PROJECT PROPOSAL FLOODPLAIN AND FLOODWAY MAPPING FOR BLACKBERRY CREEK IN KENDALL COUNTY, ILLINOIS Prepared for City of Yorkville, Village of Montgomery, and Kendall County U.S. Geological Survey, WRD 221 North Broadway Urbana, Illinois 61801 (217) 344-0037 Ext. 3055 (David Soong) (217) 344-0037 Ext. 3024 (Tim Straub) Mach 15, 2005 Title: Floodplain and Floodway Mapping for Blackberry Creek in Kendall County, Illinois Introduction: The U.S. Geological Survey(USGS), in cooperation with Kane County Department of Environmental Management, currently is completing floodplain and floodway mapping for the Kane County portion of Blackberry Creek. Additional data and analysis are needed to complete the floodplain and floodway mapping for the Kendall County portion of Blackberry Creek. Problem: Flooding has been a problem in the Kendall County portion of Blackberry Creek and updated floodplain and floodway mapping are needed. Data for hydraulic structures are updated in Kendall County, but large data gaps remain in natural cross- sectional data. A tributary (Trib 80 and 81, fig. 1) is present but no channel data are available to complete the floodplain and floodway mapping of the creek. Objectives and Scope: The objectives of this project are to complete the data collection, analysis, and mapping of the floodplain and floodway mapping for Blackberry Creek in Kendall County. The following components will be completed as part of the project: 1) Survey main stem and tributary 2) Download color digital orthophoto quadrangle (DOQ) available for this portion of Blackberry Creek 3) Obtain detailed topography for watershed delineation and flood mapping 4) Hydrologic and hydraulic analysis for floodplain/floodway analysis 5) Produce FEMA approved floodplain and floodway maps for 10, 100, and 500- year floods. 6) Complete a report describing the data collection, analysis, and mapping of the Kendall County portion of the Blackberry Creek 4. j�, p.. n 1 r : _ yrs' ,,, h z.,,#a;; l .iii t a t , fila i t " Ufa '•r•; 3ctç i. _lC };, "', tl I„If,. dl ! :47,-', 9.N a� a r'9 ..y F • '' aux � £ g� � M r' : • toi �`J �.m+'�+i^C a {d 1�•.0,,4':-. �,.: %.-;'4=',,:k,'".4- 1.,-: # r , • y�-, t `, 'fit x't. 11. . 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E ; ` ... >y," 4, 9 x,� r A": P 5 '1.'" ° . ;w g- vE a„�,. :,:... a:44:'''''111'.'--z,4'.:,:::;,,,,, •''•:: :,,,,r;. is 3 r ,4., x } • ' 't,. c w • ;_'.,*•:,,;',N.„;!'';''. ,� �s ����.., � ;' a T.2 `#n ..;., E } �tl: A ,�a �a o- � q ��r , • • t + ' „:f r.9 r ':','!.'::,),:„=:':'.:. ::::.:!':',r-'4,,,L4.:741 ,_ �pp }zYx ` ,.� '°Ff. '�'" f r ,,,...,,,,,i6,4.,:‘,,::,•,,,,,,:1,2;,,4,7:44: "`ki4 -.els s ,V� �°r"'� �,. �- � f d r715 ia `S i ' 4 'tl'w " raa�M.• �.diri ., r 'Itl EXPLANATION 0 025 p5 MICE • N Base from U.S.Deokgical Survey and Ilinois Department of WATERSHED 90UNOARY ROAD 1 1 I N tbtrai Rasotim 1 trn( Digtal Data Nlinols'stats Plane I l ti I'I ti I (t 6,;1'Coordinate Syst m(Feat,tg83 STREAM M Cross Section 0 0.250.5 1 KILOMETER IA Watershed Boundary with dross Sections Figure 1. Kendall County portion of Blackberry Creek including subwatersheds and cross-sections DRAFT 4/25/2005 8:57 AM Benefits: An important part of the USGS mission is to provide scientific information to minimize the loss of life and property from natural disasters. To effectively accomplish this mission,the USGS provides reliable, impartial, and timely information needed for understanding flood hazards. The information is utilized by the Federal Emergency Management Agency(FEMA)to administer its programs under the National Flood Insurance Program(NFIP) and in disaster mitigation. Floodplain maps prepared for the NFIP also are used by other governmental agencies, lending institutions, businesses and industry, and the public for making informed decisions about land use in areas potentially subject to flood hazards. The USGS works to improve field and analytical floodplain- mapping methodologies and uses the information generated by floodplain-mapping activities to advance the scientific understanding of hydrologic processes related to flood hazards. The information also is used for planning, for resolving potential conflicts, and for protecting life and property. The floodplain mapping done by the USGS in Illinois is an integral part of the nationwide floodplain-mapping network. Approach: Four primary components will be completed as part of this project. 1) Gaps in cross-sectional data in the main stem and on the tributary will be filled. Approximately 40 cross-sections (both hydraulic structures and natural cross-sections)will be surveyed. All data will be uploaded into the present hydraulic model for the stream system. 2) A color DOQ available for the region at http://mapping.usgs.gov/will be downloaded and used as a background for the floodplain and floodway map, and analyze for flood-hazard areas. 3) Using the updated hydraulic model, the hydraulic-routing tables embedded within the hydrologic model will be updated and the hydrologic model will be re-run using 50 years of meteorological data. Frequency analysis will be completed on the simulated flow data from the hydrologic model. The resulting flood discharges for the subwatersheds then will be used in the hydraulic model for the floodplain and floodway mapping. DRAFT 4/25/2005 4) A report will be written and published, and include the floodplain and floodway discharges and maps. Also,the current ArcIMS that includes flood information for the Kane County portion of Blackberry Creek will be updated to include the Kendall County information resulting from this study. Personnel: David Soong, Hydrologist, Ph.D., P.E.; Tim Straub, Hydrologist/Civil Engineer, P.E., additional staff will be utilized for surveying and data processing. Budget: (Project costs are planned to be paid on a 50:50 cost basis by the USGS and cooperator). A budget for FY 2007 budget is included for USGS report preparation and possible delays with FEMA approval. Kendall Budget Breakouts: FY 2004 Salary $73,500 Travel 9,000 Supplies 1,000 Vehicles 2,500 TOTAL $86,000 FY 2005 Salary $108,000 Sidwell Contract 18,000 (paid directly from Yorkville) Supplies 2,000 Travel 6,000 Vehicles 2,000 TOTAL $136,000 FY 2006 Salary $87,100 Report activities 5,000 Travel 2,000 Vehicles 1,000 TOTAL $95,100 FY 2007 DRAFT 4/25/2005 Salary $36,000 Report activities 10,000 Travel 1000 Vehicles 1000 TOTAL $48,000 DRAFT 4/25/2005 O�fa r SIDWELL June 18, 2004 simminimi Mr. Timothy D. Straub Water Resource Division U.S. Geological Survey 221 N. Broadway Avenue Urbana, IL 61801 Dear Mr. Straub: It is a pleasure to submit this proposal for a surface model in accordance with your recent request. The following paragraphs detail the mapping project. Project Area The project area, known as the Blackberry Watershed in Kendall County, is specifically defined on the attached map. The area to be mapped includes approximately 12 square miles and is located in T37N, R7E, Kendall County, IL. Aerial Photography We have photographed the project area in spring, 2003 with a distortion free, high resolution, precision aerial mapping camera, and the aerial photography is suitable for stereo compilation of the topographic mapping. Field Control Using the completed aerial photography, we will prepare and execute a control plan for the project. The horizontal control will reference the Illinois State Plane Coordinate System, NAD83. The vertical control will reference NAVD 88. Topographic Mapping Using the completed aerial photography and field control, planimetric and terrain data (DTM)will be collected using precision stereoscopic plotting instruments and then contours generated at two (2)foot intervals. This data will tie to the Kane County surface data. Final Topographic Map The final topographic map sheet(s)will be plotted on reproducible polyester film utilizing specific line weights,symbolization and mechanical lettering. U.S. Geological Survey June 18, 2004 Page Two Topographic Mapping Accuracy The horizontal accuracy of the mapping will be such that at least 90%of all well defined compiled planimetric features will be shown within 1/30"of their true position at map compilation scale when compared to the nearest horizontal control station, and none will be in error more than 1/15" using the same comparison. The vertical accuracy of the mapping will be such that at least 90% of all elevations determined from solid line contours will be within one-half the contour interval of true elevation when compared to the nearest bench mark, and none will be in error more than one contour interval. Ninety percent of spot elevations shall be within one-quarter of the contour interval and none will be in error more than one-half the contour interval. Spot elevations will be shown to their best advantage. In areas where foliage obscures the viewing of the surface, dash line contours will be shown indicating that they may not be to the accuracy as stated previously. Map Content The mapping will contain all planimetric, cultural and topographic detail normally shown on maps of this scale and contour interval, which is identifiable or interpretable from the aerial photography. All work will be furnished in accordance with the best standards of Professional Surveying and Mapping Practice. Deliveries 1. One Copy of Mapping in .DGN and .DWG Formats. All deliveries will be made to U.S. Geological Survey. Fee, Payment and Conditions Our fee for the work and services as outlined above will be $ 14,975.00 We will submit monthly invoices at the completion of each phase of the project for the percentage of work completed. Invoices will be payable net cash. Should it become necessary for the Company(seller)to enforce this contract, the purchaser agrees to pay all reasonable attorneys' fees and collection costs. This proposal will be in effect for a period of 60 days. If it is not accepted within this time frame, we reserve the right to resubmit the proposal reflecting changes,which may have occurred. rak 10401% SIDWELL U.S. Geological Survey June 18, 2004 Page Three Standard procedure dictates that photogrammetric maps be field-checked prior to use. Failure to notify us within sixty days of any errors and/or omissions shall be deemed an acceptance of the maps and any claims as a result of such defects are waived. This proposal contains the entire and only agreement between the parties respecting the work, services and materials; and any representation, promise or condition,written or verbal, not incorporated herein shall not be binding on either party. Thank you for the opportunity of furnishing this proposal. For your convenience, we are making this a Contract Agreement, an executed copy of which will serve as your acceptance of this proposal. Please sign and return both copies of this proposal. We will return a copy of the executed proposal to you. This agreement becomes effective upon acceptance at the home office of The Sidwell Company. Very truly yours, " / Gary •. Lobdell Photogrammetric Account Manager Accepted this day of All terms and conditions of this Contract , 20........ Agreement accepted this day of , 20_ THE SIDWELL COMPANY By By Individual responsible for payment. Title Title Company(If other than on proposal) Address City State Zip 1101 SIIDWELL \IiTION `-'1, I ---4 k;:\--;i• . 1,-i R '1 STREAM US 310 -' ,,, ha if Buns Ion RR � NIIERSTATE HIG HMIAY - .,/e r J.S. HIGHWAY „,„, _.._..._ } Fralrr '�' -"6:3 .1. . 6 ltd _ I"A 3 H I G H WAY _�.._ ' a �-, or gorn ery )OUNTY H1G}-SAY y �� .-,,r - s15551675 `t RA IL.R OA D -..„ �y -RAI t. ±�s�iLut4'L.+rlfl':�i��..�.`wi*Y'a�:4� ., i✓' l�'�. r� ,..7.�:iie. ,OUNTY BO LINDA I Y 114��� '�ATER8HED 8G If�IDAF�`( G: ‘11\\\:.7 �` �f3TREANII=L0 ,,_ RI - 3AGINO STATION AND IDENTIFIER IbiT A- delOkitVlijik . CI' U.S. Geological Survey %Vii-&'71, Department of Natural ,11. t1:24,000 Digital Data NN .A Pune East Coordinate :et , 1 983 4 0 1 .25 2.5 104‘4%,. * 1 III I it_ 1111111 0 1 .25 2.5 5 Kit / -7--- D i _.07S-T” . Location of the Blackberry Creek watershed in Kane and Ke 4 05/19/2005 THU 14:43 FAX 630 466 9380 EEInc. ?002/006 52 Wheeler Road• Sugar Grove. IL 60554 141 TEL: 830/468-9350 FAX: 630/466.9380 www.eelweb.com Eesglnseerlesg Ent erprimds. • Iese. May 19, 2005 Mr. Tony Graff City Administrator 800 Game Farm Road Yorkville, IL 60560 • Re: Floodplain and Floodway Mapping for Blackberry Creek in Kendall County, Illinois • United City of Yorkville, Kendall Co., IL Dear Tony- In accordance with your request, please find attached an agreement for consulting engineering services for the monitoring of the above referenced project on behalf of the United City of Yorkville. We look forward to working with the City to facilitate the funding and execution of the pertinent agreements, as well as, monitor the progress and technical basis of the study. We propose to provide our services to the City on an hourly basis. We estimate our total fees over the approximately two and a half years of the proposed study period to be approximately$10,000. If you have any other questions or comments, please do not hesitate to call. Respectfully Submitted, ENGINEERING ENTERPRISES, INC. • Jeffrey W. Freeman, P.E. Senior Project Manager JWF/me End. pc: Mayor Art Prochaska Mr. Joe Wywrot, P.E —City Engineer Mr. John Wyeth—City Attorney Ms. Liz D'Anna— Deputy Clerk (w/2 originals) JKM, JTW, DMT—EEI 'G:\Public\Yorkvillc\20041Y00404 Blackberry Creek Restudy\Doc\LgraffOl.doc Consulting Engineer. Specializing In Civil Engineering and Land Surveying 05/19/2005 THU 14:43 FAX 630 466 9380 EEInc, 2003/006 PAGE 1 OF 2 UNITED CITY OF YORKVILLE AGREEMENT FOR CONSULTING ENGINEERING SERVICES FOR THE MONITORING OF THE FLOODPLAIN AND FLOODWAY MAPPING FOR BLACKBERRY CREEK IN KENDALL COUNTY, ILLINOIS This Agreement, made this day of , 20_by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation of the State of Illinois (hereinafter referred to as the "CITY") and Engineering Enterprises, Inc. of 52 Wheeler Road, Sugar Grove, Illinois, 60554 (hereinafter referred to as the "ENGINEER"). In consideration of the mutual covenants and agreements contained in this Agreement, the CITY and the ENGINEER agree, covenant and bind themselves as follows: 1. Services; ENGINEER agrees to perform for the CITY the following Services: 1) work with CITY Staff to help coordinate the receipt of the grant dollars jointly received by Kane County and the United City of Yorkville, 2) work with CITY Staff and help coordinate the preparation and execution of a Joint Funding Agreement (JFA) between the currently proposed funding parties, 3) review and facilitate the execution of USGS's proposed project proposal for the Floodplain and Floodway Mapping for Blackberry Creek in Kendall County, Illinois (hereinafter referred to as the "STUDY") on behalf of the CITY, 4) monitor the progress of the STUDY and provide updates to the CITY at critical points throughout the STUDY period, 5) review the results of the STUDY and provide comments to the CITY for their consideration, and 6) attend meetings as necessary to facilitate each of the work items listed above. 2, Direction: The Mayor, or his written designee, shall act as the CITY'S representative with respect to the Services to be provided by the ENGINEER under this Agreement and shall transmit instructions and receive information with respect to the Consulting Engineering Services. 3. Compensation: The CITY agrees to pay the ENGINEER for providing the Services set forth herein as specified on the ENGINEER'S approved Standard Schedule of Charges and the Personnel, Positions and Classifications for the various classifications of employees performing the work on the project. Total compensation for this Agreement shall be at an Hourly Rate. Based on the information currently known about the project, the ENGINEER estimates his fees to be approximately $10,000. The ENGINEER'S attached 2005 Standard Schedule of Charges shall be used as the basis of this contract. If, in the future, the CITY approves a revised Standard Schedule of Charges, then work conducted on or beyond the effective date of the new Standard Schedule of Charges shall be billed on the basis of the then effective Standard Schedule of Charges. 4. Term: The term of this Agreement shall be active through December 31, 2007, unless otherwise extended through written confirmation by both parties. 5. Payment: Engineer shall invoice the CITY on a monthly basis for Services performed and any costs and expenses incurred during the previous thirty (30) day period. The CITY shall pay the ENGINEER within thirty (30) days of receipt of said invoice. 6. Termination: This Agreement may be terminated upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due 05/19/2005 THU 14:43 FAX 630 466 9380 EEInc, . 004/006 PAGE 2 OF 2 UNITED CITY OF YORKVILLE compensation calculated as described in paragraph 3 for all costs incurred through the date of termination. 7. Documents: All related writings, notes, documents, information, files, etc., created, compiled, prepared and/or obtained by the ENGINEER on behalf of the CITY for the Services provided herein shall be used solely for the intended project. • 8. Notices: All notices given pursuant to this Agreement shall be sent Certified Mail, postage prepaid, to the parties at the following addresses: The CITY: The ENGINEER: United City of Yorkville Engineering Enterprises, Inc. 800 Game Farm Road 52 Wheeler Road Yorkville, IL 60560 Sugar Grove, IL 60554 Attn: Mayor Arthur F. Prochaska, Jr. Attn: Jeffrey W. Freeman, P,E. 9. Waiver: The failure of either party hereto, at any time, to insist upon performance or observation of any term, covenant, agreement or condition contained herein shall not in any manner be constructed as a waiver of any right to enforce any term, covenant, agreement or condition hereto contained. 10. Amendment: No purported oral amendment, change or alteration hereto shall be allowed. Any amendment hereto shall be in writing by the governing body of the CITY and signed by the ENGINEER. 11. Succession: This Agreement shall ensure to the benefit of the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, we have hereunto signed our names the day and year first above written. UNITED CITY OF YORKVILLE: ENGINEERING ENTERPRISES, INC,: Mayor Senior Project Manager ATTEST: ATTEST: City Clerk Secretary G:\PublicWorkvillel2004\Y00404 Blackberry Creek Restudy\Doc'Agreement.doc 05/19/2005 THU 14:43 FAX 630 466 9380 EEInc, 2005/006 52 Wheeler Road • Super Grove, IL 60554 • TEL;630/466-9350 FAX:630/466-9380 STANDARD SCHEDULE OF CHARGES www.eaiweb.cam January 1, 2005 Eropireeserrin® Ente,rpra.e,.. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $138.00 Senior Project Manager E-2 $126.00 Project Manager E-1 $114.00 Senior Project Engineer/Surveyor P-5 $102.00 Project Engineer/Surveyor P-4 $ 93.00 Senior Engineer/Surveyor P-3 $ 84.00 Engineer/Surveyor P-2 $ 75.00 Associate Engineer/Surveyor P-1 $ 66.00 Senior Project Technician T-5 $ 93.00 Project Technician T-4 $ 84.00 Senior Technician T-3 $ 75.00 Technician T-2 $ 66.00 Associate Technician T-1 $ 57.00 Secretary A-3 $ 66.00 VEHICLES, EQUIPMENT AND REPROGRAPHICS Vehicle for Construction Observation VEH $ 10.00 Global Positioning System Equipment GPS $25.00 Scanning ($1.50 per Sheet) SCA N/A Reproduction ($1,50 per Sheet) REP N/A G:\ESI\Docs\Forms\GeneraI\STADS0105.DOC Consulting Engineers Specializing In Civil Engineering end Lend Surveying 05/19/2005 THU 14:43 FAX 630 466 9380 EEInc, X006/006 _:` '` Personnel, Positions & Classifications James K.Michels.P.E. E•3 Michele L.Piotrowski,Cl,, P'-4 President Project Engbiccr • Peter G.Wailers,P.E. E-3 Terry M.Heitkamp,E.I. P.4 Snnirn Vi00 Presidtnrt Project Engineer David R.Burroughs,P.E. E-3 Nathaniel J.Kochneke,E.I. P-4 Vico President Prnjecl Engineer Ronald G.Naylor,P.E. E.2 Stephen T.Dennison,E.I. P.4 Senior Prpjan1 Mynygir Project Engineer • John T.Whitehouse,P.E.,P.L.S. E-2 Amy L.Senner,E,1. P-4 Senior Project Manager PrOjeel Engineer Bradley P.Sanderson.P.E. F-2 Waller D.Chornomaz,E.I, P.4 ;rniru'Projer,l Ma,i iter Project Engineer Jeffrey W.Freeman,P.E. E-2 Steven J.Vassos,E.I. P-4 Senior Project Manager Project Erighimit William E.Dunn,P.E. E-2 Gregory A.Chambers T-S Senior Project Manager Senior Project Technician(Field) Timothy P.Farrell,P.C. F-1 Stovon Goznor.Ill T-$ • P,,ject M,rnegor Senior Project Technician(CAD) Timothy N.Paulson,P.E. E-1 David S.Stewart 1-6 Project Manager Senior Project Technician(Field) Kevin S.Bometad,P.E. E-1 William C.Pierson 7-0 • Pretest Manager Prnjgr:l I,;i r,u;iirn(CAO) David E.Schumacher F-1 C.Larry Nolan T.4 Project Manager Project Technician(CAD) Scott A.Swanson E-I Kristopher K.Ping 1'-4 Computer Aided Drafting& Pn)ject Trv:hr,irian(CAD) Information Systeme Manage Lenard E,Lynn Tat Robert G.Walker,P.E. E-1 Project Technician(Field) • Project Manager Courtney N.WIndel 7.4 George R.Burgess,P.L.S. P-S Prujr:cl Tr-i;hrld:in,(CAD) Senior Project Surveyor • Ryan M.Christoffcl 7-3 • Mark G.Scheller,P.L.S. P.5 Senior Technician(Field) Senior Prcycct Surveyor . Joshua M.Boatman T-3 Andrew R.Dollchman,P.E. P-5 Senior Technician(Field) • Senior Project Engineer/Environmental Matthew R.Blackburn T-3 Jason P. "Jay'Nemeth,P.E. P-5 Snni,r Trchnicion(riolti) Snrriur Projrrl Cnuinenr Denise M.Migliorinl A-3 Yd0ng Lu,P.E, P•S Administrative Assistant • Senior Prnicct Engineer Denise M.Theiander A-J • • Stephan W.Grabowski P-5 Accounting Assistant • Senior Trenspo ration Planner • Angela R.Ford A-3 David A.Kamano,P.E. P-5 SPCrclury Senior Pi ujr.cl Erl yir,vn Dawn M.Goodbred A.3 • Scot 14,Prindiville,P.E, P-S Secretary • Senior Project Engineer • Nicole M.Morris A-3 Chrlstopner E.Peterson,S.I. P-a ACCMliiiirh)AoeiSnrnl Project Surveyor Bobbi M,Erdmann A.1 Julie A.Morrison,E,I. P-4 Markcling Director • Project Engineer Angela D.McCoy A-3 • Jason M.Bauer.E.I. P-4 Accounting Asristvnl Project Engineer Rebecca A.Kidd 4.3 Timothy V.Weidner,E.I, P.4 Administrative Assistenr Project Engineer East Dundee,Illinois LEGEND: Mark C.Wobor,P.L.S. P•5 P.F.c Prnfe sinnal Fngmrrr Senior Project Surveyor Kt.S.=Prolassicnal Lana Surveyor C.I.-Engineer mien Robert C.Watts 1-5 S i.=Surveyor Intnrn E-Executive Srir Senior Prnjeci Tochnirn Intact) P-Prulessional 'f- aconital Stacy L.Nilsen A-3 A-Adnlim,lrative Office Manager ,.,rw,v..uv.,,.n.....,..,.u.,e.reo,,,,,er Nr!renruneArime,:Y,,,,,.r,rv.,;:;.::r✓:::::::;;a::::.:........:..•.. D4105105 44c1 �f� � Il w c/ o United City of Yorkville Memo o , �, „ '" 800 Game Farm Road IEsq rll 1836 Yorkville, Illinois 60560 "------. -__--- Telephone: 630-553-8545 0 oI 11, Fax: 630-553-3436 Date: May 19, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer ,ot------ CC: Liz D'Anna, Deputy City Clerk Subject: Route 126 Relocation at Route 71 — Status & Proposed Joint Agreement Attached find a copy of the latest IDOT plan to relocate Illinois Route 126 at Illinois Route 71. IDOT has conducted a public hearing for this project on March 23rd, and also attached is a summary of the comments received at that hearing. The majority of complaints about the project came from adjacent property owners who feel that they would be negatively impacted financially. IDOT has reviewed these comments and reached the conclusion that they will project with the project unless the city objects. I recommend that the project be constructed as proposed by IDOT. A project such as this will always generate a certain amount of complaints, but I believe that this is a worthy safety project. The time to construct this is now to minimize future accidents and also minimize future impacts on adjacent properties. Assuming that the project goes forward, we will need to enter into a joint agreement with DOT regarding certain items, which IDOT will construct if we pay for them. These are: • Streetlights on the traffic signal poles. • Opticom emergency vehicle pre-emption equipment for use by BKFD. We should enter into an agreement with BKFD regarding funding of construction and maintenance. • Construction of casing pipes across the Route 126 both sides of Route 71 for future watermain crossings. EEI should evaluate this further and if we pursue this we should enter into agreements with certain property owners for reimbursement of these costs. Most of existing Route 126 north of Route 71 would remain as a local residential street. DOT is requesting that the city agree to a jurisdictional transfer for that section of roadway. Please place this item on the Public Works Committee agenda of May 23, 2005 for consideration. Summary of Public Hearing March 23, 2005 Total number of individuals registered at the public hearing 39 Individuals identified as adjoining property owners 7 Other individuals from community 11 Individuals from other communities 4 Individuals representing businesses 7 Governmental bodies represented: City of Yorkville 2 IDOT 6 Chamlin 1 News media represented: Kendall County Record 1 Comments. Of 8 written comments received, some people submitted multiple sheets and expressed multiple concerns. Comments included: Topic No. Comments Commercial viability diminished after 126 relocation 1 Future development of property will not be feasible 2 Losing "hard corner" future business frontage 1 Access may not be viable after 126 relocation 1 Uncertainty over the disposition of vacated right-of-way 1 Uncertainty over the disposition of old IL 126 roadway 1 Right-of-way taken from property seems excessive 1 Intersection should not be moved 2 Truck engine breaking near residential development 1 Realignment is too drastic 1 Safety of curves 1 Cost of project too high 1 Need temporary signals 1 Just put signals at current intersection location and widen road 1 Project is good, please proceed 1 General attitude towards project: For the improvement as currently proposed 25% Against the project 50% Neutral 25% The general attitude towards this project, as expressed at the meeting and from comment sheets, is that signals are sorely needed but the IL 126 re-location is not. Most of these properties are presently undergoing commercial development speculation. In that light, those who feel they will not financially benefit from the proposed re-location are strongly against it. Those who feel their property will become more valuable or do not have a vested interest in the commercial properties seem to be for the project. Those who drive through or live near this area will benefit greatly from the improvement. ,..;: :a... .. . �,,o w w.., ®i;. .,• ,_ r ,.,::#, ,- ': "t, sr:,..,!--• .^'*Y` �'i,'p. RI,. �' L'". T-- 'ad ' ;i r" gr'�b�P'•S.. #.;�.. .il+"4 ,rs.. 5 ,u" ! J * ii L <F ,°r <,,.`+&. `' IC's r- ',/''' 4"`N ..`"R'� � -* a.. r ! " M ._, s, ..;': �,, .�Ae a7 ?' ',, « ,r^'m °4,7,-'';'.. 1.. 4 i': „' 4.'Y.":4f%,-; o ' tP ' '1.1, k.�� .i.:' ,''- .tt.`. R fid✓ ° �.. - P.*6� ` .,>& � T4. ,;„,,,,,, ,-..:%--,,,.,..-:,:-.;,,,-;.,,,,,•;.:,;r: ,$� „�« eM1., � ,.7- 'L4'.#:p� �Y. 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' `� y : ,, ��� � z,: �.� \., :'rc4� ""`'�,y4�.t a' �aN ,' �,�. ,tua t�� r,,,, �y�`:� s -',.;;,';'.1:',,,., { �I I a � t 4 r ii I • ,a�N \ ..`'S''1 - P •s a s�,' r�E fi t a �61. - - - - - - : & �� 'ter � a 'a is - "'� : C „ct.CI Air o United City of Yorkville Memo am, 't` 800 Game Farm Road EST. ` 1636 Yorkville, Illinois 60560 __________.:7=1 Telephone: 630-553-8545 o '6*:„- -- y '� Fax: 630-553-3436 Date: May 19, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer t---4---- CC: Harold Martin, Chief of Police Eric Dhuse, Director of Public Works Liz D'Anna, Deputy City Clerk Subject: Route 47 Reconstruction—Non-participating items & Other Design Issues I met with IDOT today regarding our plan review comments dated May 2, 2005. DOT is looking for the city to provide direction regarding many non-participating items and some other issues so they can proceed with design. A non-participating item is one where DOT does not participate in the funding. At this time we have identified the following items: • For the proposed median in the downtown area(Station 20+900 to 20+984), do we want some treatment other than concrete, such as decorative stone or landscaping? • Construction of public sidewalk along both sides of Route 47 from Greenbriar Road to Carpenter Street, and on the east side of Route 47 south of Greenbriar Road. DOT cannot construct walk on the west side south of Greenbriar due to the steep grade and the need for a drainage ditch in that area. • Extension of sidewalk along the north side of Route 126 to provide safer pedestrian access in front of the intermediate school. • Construction of a traffic signal handhole at Greenbriar Road for a future traffic signal. • Construction of new sanitary sewer at the following locations: o Between Van Emmon and Hydraulic (east side) o To the west side of Route 47 at Walnut Street. This sewer would serve any re-development of the Sunset Motel property. We should enter into an agreement with that property owner regarding reimbursement of this cost. • Construction of new watermain at the following locations: o Between E/W Main and River Road for future extension to the west. There are currently six homes on River Road that share a 1" water service. We would like to eventually provide these residences with adequate water service and fire protection. o Along Bristol Road to Jackson Road. This new main would allow us to abandon the existing main on the east side of Route 47 between Walnut and Apple Tree Court. o Crossing at Landmark Avenue to eliminate a dead-end condition. • Relocation of sanitary sewers at the following locations: o Between Colonial Parkway and Elizabeth Street o Crossing at Elizabeth Street o At Orange Street o At Washington Street o Crossing at Fox Street o Between Van Emmon and Hydraulic (west side) o On Van Emmon from Route 47 to the west alley o Crossing at Center Street • Relocation of watermain at the following locations: o Crossing at Route 126 o Crossing at Orange Street o Crossing at Washington Street o Crossing at Fox Street o Crossing at E/W Main Street o Crossing at Center Street o Crossing at Spring Street o Crossing at Somonauk Street o Between E/W Main and Spring Street o Between Park and north of Apple Tree Court o Crossing at Walnut Street o Crossing of Countryside Parkway on the west side of Route 47 o Along Route 34 in front of McDonalds • Possible landscaping on the slope that will be created on the slope adjacent to Jefferson Street. • Ornamental lighting between the Fox River and Van Emmon Street. • Expansion of the existing streetlighting system near the Route 47/Route 34 intersection to extend along Route 47 from Countryside Parkway to Landmark Avenue, and along Route 34 from Center Parkway to Marketplace Drive. • Construction of traffic signal mounted streetlights and Opticom emergency vehicle pre-emption equipment at all signalized intersections. • Whether we want traffic signals to utilize video vehicle detection or conventional loop detectors. MOT is also asking us if we are willing to do the following: • Vacate Scott Road. • Vacate Jefferson Street. Removal of the retaining wall between Van Emmon and Fox would result in a 3:1 slope from Route 47 up to Jefferson Street. This steep slope is a possible hazard for vehicles that might leave the Jefferson Street roadway. The steep slope also creates problems for stormwater at the bottom of the hill, and IDOT is considering construction of a shorter wall in this area to deal. with the drainage problem. Vacating Jefferson Street would allow them to lessen the slope and improve the drainage characteristics. Please place this item on the Public Works Committee agenda of May 23, 2005 for discussion. 1I)'f( 7Z I .tEo CO). City of Yorkville Memo i , '" 800 Game Farm Road 1836 Yorkville, Illinois 60560 —� Telephone: 630-553-4350 Pill m� _ � p Canty Fax: 630-553-7575 144,E v,`2 Date: May 21, 2005 To: Joe Wywrot, City Engineer At3<6,4_ r�-� From: Tony Graff, C' ministratc�r CC: Atty. Wyeth Subject: Wetland Design Proposal for Bristol Bay Master Plan Community Joe: I received and reviewed the attached wetland design proposal from V3 Professional Engineering Services. As part of the Annexation agreement Centex homes will pay for this service and is eligible for recapture in the future. I am requesting you present this proposal to the Public Works Committee with a recommendation to City Council COW meeting upon a final legal and engineering review by Attorney Sheila Deely (GCD Environmental Attorney) and EEI, John Whitehouse and yourself contingent upon receiving funding from Centex Homes. Any questions regarding this matter please call me. May 20, 2005 Mr. Tony Graff City Manager United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Subject: Professional Natural Resources Services Proposal Wetland Planning and Design Regional Stormwater Management Facility Dear Mr. Graff: On behalf of V3 Companies of Illinois, Ltd. (V3) I am pleased to submit this proposal to provide wetland planning and design services for the regional stormwater management facility located south of Galena Road on property to be developed by Centex Homes, as discussed at the May 10, 2005 meeting with Sheila Deely of Gardner Carton Douglas and John Whitehouse, P.E. of Engineering Enterprises, Inc. (EEO. The services will be performed by the Wetland/Ecology Group and Water Resources Group of our Natural Resources Division. PROJECT UNDERSTANDING The United City of Yorkville is planning the establishment of a regional stormwater facility on more than 100 acres south of Galena Road on property being developed by Centex Homes. The intent is to establish wetlands and/or stream features in a 100-acre stormwater management basin (wetland study area). Some of the wetland areas may be utilized as a wetland mitigation bank, subject to further discussions with regulatory authorities. V3 will compile existing information and collect any additional information for the development of a wetland plan. Two or three Concept Plans will be developed for the wetland study area, based on available information, site evaluations and coordination with the United City of Yorkville and EEI. The Concept Plans may also be used to discuss the concept of mitigation banking with appropriate regulatory agencies. Following the approval of a Concept Plan by Yorkville, V3 will prepare Preliminary Engineering and Planting Plans (Plans) and a preliminary written "Wetland Plan Summary and Management and Monitoring Plan" (Plan Summary). The Plan Summary will describe the technical basis for the design of the wetland plan and provides recommended performance standards and management activities for a five-year management and monitoring period. Following approval of the Preliminary Engineering Plans by Yorkville, V3 will prepare Final Engineering Plans and Specifications and Wetland Planting Plans and Specifications for the regional stormwater facility. Mr. Tony Graff United City of Yorkville May 20, 2005 Page 2 SCOPE OF SERVICES V3 will provide the following services. A. Compile or Obtain Site Information and Develop Concept Plans 1. The following information will be obtained and evaluated for the study area from existing sources or will be developed or prepared by V3: a. Wetland Delineations, including NRCS Certified Wetland Determinations for agricultural areas. V3 has conducted delineations of the property for Centex Homes. All of the delineation information will be combined for the wetland study area. b. Soil Borings (to be provided by EEI) c. Hydric soils information, including on-site soils evaluation or mapping d. Drain Tile surveys or information (to be provided by EEI) e. Topographic surveys (to be provided by EEI) f. Hydrologic & Hydraulic analysis/modeling (to be provided by EEI) g. Prepare base map of existing conditions with an aerial photograph base for the wetland study area. 2. V3 will prepare up to three Concept Plans for the stormwater management facility that will show potential areas and types of wetland (emergent, sedge meadow, wet prairie, or open water), the location of a naturalized, meandering stream corridor, and prairie buffer slopes. B. Wetland Design 1. Preliminary Wetland Design and Engineering Plans a. Following approval of a Concept Plan, V3 will prepare the Preliminary Wetland Engineering Plans and Wetland Plan Summary and Management and Monitoring Plan. The design will show locations of proposed stream corridor, stream features or structures, plant communities, grading, topsoil requirements, utilities or control structures, and seed and plant planting zones and mixes. The Plan Summary will document the basis for the wetland design, and provide recommended management and monitoring activities required to achieve the successful establishment of wetland and prairie vegetation. b. V3 shall conduct a geomorphic assessment of proposed stream corridor quantifying typical planform, cross section, profile and hydraulic parameters including bankfull discharge. The geomorphic and engineering parameters shall be correlated to develop design guidelines for the proposed stream channel. C:\Documents and Settings\Tony\Local Settings\Temporary Internet Files\OLKF\Yorkville wetland design proposal.doc Mr. Tony Graff United City of Yorkville May 20, 2005 Page 3 Channel bed and bank material and bed features shall be evaluated and typical sections developed for construction of the proposed channel where possible. c. It is our understanding that EEI has performed a detailed hydrologic and hydraulic analysis of the tributary watershed and associated stormwater management/wetland area that incorporates the downstream tailwater impacts of Rob Roy Creek. V3 will perform a cursory review of EEI's detailed analysis (considered best available data) and any significant inconsistencies/ discrepancies identified (that will potentially impact the wetland hydrology) will be discussed with EEI with the understanding that all model revisions will be coordinated and performed by EEI. d. As needed, V3 shall modify the detailed analyses provided by EEI to incorporate additional storm events and/or durations, grading, outlet controls, etc. needed to adequately establish the proposed hydrology associated with the stream and wetland design. The proposed modeling and design shall preserve the storage requirements established by EEI. e. V3 will prepare Preliminary Engineering plans and Specifications for the proposed stream channel / wetland areas suitable for review by Yorkville, applicable regulatory agencies and the public. Plans shall depict the proposed stream centerline, grading, bank stabilization methods, wetland areas, proposed wetland or upland plant communities, and erosion control methods on the existing survey of the area. Plans shall incorporate stabilization methods best suited for the reconstruction and stabilization of the site in conjunction with successful wetland establishment. f. Based on the Preliminary Engineering Plans, V3 shall prepare an Engineer's Opinion of Probable Construction Costs that will enable Yorkville to evaluate the design and provide feedback on the overall plan and specific design elements. 2. Final Engineering Plans and Specifications. a. V3 will prepare Final Engineering Plans and Specifications for the proposed wetland mitigation areas and meandering stream corridor. Final Engineering plans will reflect any modifications and/or additions to the Preliminary Engineering Plans as requested by City of Yorkville, the Corps of Engineers, IDNR-OWR or other review agency initial comments or feedback. b. Final Engineering Plans will incorporate final approved drawings and specifications to show the character and scope of work to be performed by during construction. Final calculations and documentation will be provided to EEI as part of their final submittals to the City of Yorkville, IDNR-OWR, and other regulatory agencies as needed (it is our understanding that EEI is coordinating and performing all permitting activities). At this time, it is also our understanding C:\Documents and Settings\Tony\Local Settings\Temporary Internet Files\OLKF\Yorkville wetland design proposal.doc Mr. Tony Graff United City of Yorkville May 20, 2005 Page 4 that a permit will not be required from the Corps of Engineers for the construction of the proposed stream corridor and wetland areas. Additional permits will likely be required if a regulatory wetland bank is establish. c. V3 will prepare one Schedule of Quantities and one Engineer's Opinion of Probable Construction Costs for the wetland mitigation and restoration improvements based on the Final Engineering Drawings and Specifications. 3. Wetland Planting Plans and Specifications. a. V3 will prepare a planting plan set and planting specifications for the regional stormwater facility. The plan set will include proposed native species for installation, which will be based on the anticipated soils and hydrologic conditions. Planting zones will be designated, and proposed species mixes for each planting zone will be listed. Planting and seeding specifications, details and cross-sections as needed, two-year management activities to assist with plant establishment and contractor performance standards will also be included. Topsoil respread specifications for the naturalized planting areas will be prepared and placed on the appropriate sheet of the engineering plans. The Wetland Planting Plans and Specifications will be suitable for obtaining bids from reputable planting contractors, including V3. b. V3 will prepare one Schedule of Quantities and one Engineer's Opinion of Probable Planting Costs for the wetland mitigation and restoration improvements based on the Wetland Planting Plans and Specifications. C. Project Coordination Meetings V3 will attend meetings as necessary with Yorkville and/or their representatives, or others as required to successfully complete the tasks itemized above. COMPENSATION For the aforementioned basic services, V3 shall be paid as follows: A.1. To compile, obtain and evaluate site information and prepare a base map of existing information, a lump sum fee of$15,000.00. A.2. To prepare up to three Concept Plans, a lump sum fee of$20,000.00. B1. To prepare Preliminary Wetland Design and Engineering Plans, including a Wetland Plan Summary, a lump sum fee of$30,000.00. C:\Documents and Settings\Tony\Local Settings\Temporary Internet Files\OLKF\Yorkville wetland design proposal.doc Mr. Tony Graff United City of Yorkville May 20, 2005 Page 5 B2. To prepare Final Engineering Plans and Specifications, a lump sum fee of$20,000.00. B3. To prepare Wetland Planting Plans and Specifications, a lump sum fee of$20,000.00 C. To attend Project Coordination Meetings, V3 shall be paid as an hourly fee based on the actual hours expended by V3 employees multiplied by the billing rates as set forth on V3's Billing Rate Schedule. Compensation Total: Tasks 1 -6 Lump Sum Amount $105,000.00 For Additional Services of V3's principals and employees engaged directly on the Project, a fee based on the actual hours expended multiplied by the appropriate employee billing rate as set forth on V3's Billing Rate Schedule. In addition to the professional services fees set forth above, V3 shall be compensated for reimbursable expenses such as printing, postage, messenger service, travel and other similar, project-related items. V3 shall be compensated an amount equal to one hundred and ten percent (110%) of the actual expenses incurred. CLIENT will be invoiced monthly for professional services and reimbursable expenses. The above financial arrangements are on the basis of prompt payment of invoices and the orderly and continuous progress of the Project through construction. MISCELLANEOUS CONTRACTUAL ITEMS V3 will initiate its services promptly upon receipt of CLIENT'S acceptance of this proposal. If there are protracted delays for reasons beyond V3's control, an equitable adjustment of the above-noted compensation shall be negotiated taking into consideration the impact of such delay on the pay scales applicable to the period when V3's services are, in fact, being rendered. We trust this proposal meets with your approval, and we appreciate the opportunity to work with you on this project. Sincerely, V3 Companies of Illinois Ltd. Thomas E. Slowinski Principal, Director of Wetland/Ecology Group Natural Resources Division C:\Documents and Settings\Tony\Local Settings\Temporary Internet Files\OLKF\Yorkville wetland design proposal.doc �, _ : I Village of Riverside Ordinance 8-5-3: TREE AND SHRUB MAINTENANCE AND PLANTING APPROVAL: (A) Tree Trimming: It shall be unlawful for anyone to trim,prune or remove any tree or portions thereof, whether located within a Village right of way, or on private property within a public easement, without first obtaining a permit for the proposed trimming from the Department of Public Works, Director of Public Works or his authorized representative. The application for tree trimming, on a form acceptable to the Village, shall be accompanied by a written statement, no later than seven(7) days prior to the proposed trimming, indicating the purpose of the trimming of trees, a general description of the tree/trees to be trimmed,the type of trimming to be performed, and the time and place where trimming is planned. The Department of Public Works shall develop a written set of guidelines and/or standards as to the type of trimming permitted. 1. Issuing Of Permit: Permits may be issued with reasonable restrictions to protect the health and/or appearance of trees. 2. Permit Denial: Permits may be denied if the Director of Public Works determines any of the following: (a) Stated purpose of the trimming does not require trimming; (b) Scope of the trimming is excessive; (c) Trimming would be detrimental to the health and/or appearance of the tree; (d) Work to be performed does not comply with the standards developed by the Department of Public Works. At no time shall anyone while trimming trees use boot spikes or any other sharpened instrument for the purpose of aiding said individual in the climbing of a tree except for the removal of a dead tree. Trees that are cut down must be removed, and the root above the grade and stump thereof must be grubbed out. 3. Interfering With Growth Prohibited: No person shall plant, spray or fasten any wire or rope to, or otherwise interfere with the free growth of any tree or shrub in a park, parkway or other Village property without first obtaining approval from the Director of Public Works. 4. Public Utility Companies Not Exempt: Public utility companies or their agents are not exempt from any of the requirements of this Chapter. 5. Applications: Applications for permit shall be made on blanks furnished by the Director of Public Works. (B) Planting Approval: It shall be unlawful for anyone to plant whether located within a Village right of way, or on private property within a public easement,without first obtaining a permit for the proposed planting from the Department of Public Works, Director of Public Works or his authorized representative. The planting must be in accord with the provisions of this Chapter, then the applications shall be considered and permit may be issued thereon as follows: 1. If the planting or work is to be done in a parkway(i.e.,property adjoining a roadway and forming part of a platted street), the Director of Public Works shall submit the application for permit to the Landscape Advisory Committee for review and recommendation as to variety, size,type and location of each tree or shrub proposed, and if the proposed planting or work complies with this Chapter the Director of Public Works shall issue the proper permit in accordance therewith. 2. If the planting or work is to be done in a public park, or other public place except a parkway,the Village Manager shall submit the application for permit to the Board of Trustees, and if the Board finds that the proposed planting or work complies with this Chapter and is in the public interest, the Board shall approve the application and the permit shall be issued in accordance therewith. (C) Planting Regulations: A permit for planting or care of trees or shrubs in public property may be granted if the following regulations are complied with: 1. There shall not be planted any of the following trees: white poplar, silver maple, box elder, Siberian elm,black locust,willow,honey locust, ailanthus(tree-of-heaven), cottonwood, white mulberry or any fruit tree; nor shall any white mulberry tree be allowed to increase in number or growth. 2. No tree shall be less than two inches (2") in diameter of trunk one foot(1') above the ground, except for those trees designated in Section 8-5-9 of this Chapter, which may be less than two inches (2") in diameter of the trunk,provided that the planting of such trees shall be restricted to that portion of the public parkway area located between the edge of the public sidewalk and the private property line. 3. No tree shall hereafter be planted at the intersection of two (2) or more streets, or within twenty feet(20') of such intersection. 4. Trees shall be planted at least ten feet(10') from a street lamp or other public utility structure. 5. No tree shall be planted where the soil is too poor to ensure the growth of such tree, unless the planter excavates a suitable hole of not less than thirty six(36) cubic feet and replaces the material removed with loam or suitable soil. 6.No tree shall be planted nearer than three feet (3') from a curb, sidewalk, or driveway, unless the distance between paved surfaces is less than six feet(6') in which event such tree shall be planted an equal distance from all pavement, and only the following trees shall be planted: blue ash,white ash, sweet gum, American hornbeam, and hop hornbeam. 7. Trees and shrubs on private property shall not overhang the public sidewalk to a height of less than ten feet(10') above the walk and such trees and shrubs shall not be planted within three feet(3') of any public sidewalk. 8. The regulations set forth in subsections (C)3, (C)4, (C)6 and(C)7 of this Section shall not apply to plantings which are undertaken pursuant to a comprehensive business district improvement plan approved by the President and Board of Trustees. 9. Except as otherwise provided in this Section, only the type and variety of trees listed by the Village as eligible for parkway planting shall be planted in any parkway. (Ord. 02323, 3-20-2000)