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Committee of the Whole Packet 2004 10-05-04 , , . United City of Yorkville R � County Seat of Kendall County EST. 1836 800 Game Farm Road O J,I Cl)� Yorkville,630-553-4350 Illinois 60560 �� Phone:v�2 Fax 630-553-7575 ` LE N‘' AGENDA COMMITTEE OF THE WHOLE Tuesday, October 5, 2004 7:00 p.m. City Conference Room Public Hearing: None Presentations: None Detail Board Report (Bill List): Items Recommended by Committee for Consent Agenda: 1. Hydraulic Avenue Interceptor— Change Order #1 - PW 9/27/04 2. Well #7 Wellhouse & Treatment Facility — Change Order #3 - PW 9/27/04 3. Historical Street Name Nominees - PW 9/27/04 4. Caledonia Watermain Easement - PW 9/27/04 5. Countryside Parkway Interceptor — IDOT Highway Permit and Resolution - PW 9/27/04 6. Water Department Reports for July and August 2004 - PW 9/27/04 7. Grande Reserve — Plat of Vacation and Plat of Easement - PW 9/27/04 Mayor: 1. Coffee with the Mayor: Sunflower Estates — 1896 Walsh Drive on October 9th from 9:00 - 11:00 a.m. 2. PC 2004-06 Centex — Bristol Bay — Annexation and Zoning Economic Development Committee: 1. Revised Landscape Ordinance - EDC 8/19/04 & COW 9/7/04 & 9/21/04 2. Appearance Code - EDC 8/19/04 & COW 9/7/04 & 9/21/04 3. Yorkville Supportive Living Limited Partnership - New Directions Assisted Living Concept 4. Fire Department Request for Development Fee Increase - CC 9/28/04 Page 2 Committee of the Whole October 5, 2004 Park Board: 1. Park Board Recommendation of Sente-Rubel-Bosman-Lee Architects for Parks Maintenance Facility Site Planning - PKBD 9/27/04 2. Grading/ Design Fees for Schoppe Design Associates for Riverfront Park - PKBD 9/27/04 3. IDNR Riverfront Park Agreement Public Works Committee: 1. Kennedy Road Improvements for 2005 - PW 9/27/04 2. CEC Proposal for Wetland Mitigation Bank Feasibility Study - PW 9/27/04 3. Six Year Capital Improvement Program - PW 9/27/04 4. Public Sidewalk Program - PW 9/27/04 5. Rob Roy Creek Interceptor— Phase I - PW 9/27/04 6. Game Farm Road Right of Way Dedication - PW 9/27/04 Public Safety Committee: 1. No Report Administration Committee: 1. Carpet Replacement Bid/Purchase Order 2. Drug Testing Program - Provena Contract - Admin 8/12/04 Additional Business: DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 1 DIME: 10:19:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM ✓ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ATC AURORA AREA TOURISM COUNCIL 093004-LIDIAS 09/30/04 01 ADMIN-LIDIA'S MOTEL JUL-AUG 04 01-110-65-00-5844 10/12/04 72.00 MARKETING - HOTEL TAX INVOICE TOTAL: 72.00 093004-SUPERB 09/30/04 01 ADMIN-SUPER 8 JUL-AUG 2004 01-110-65-00-5844 10/12/04 2,981.00 MARKETING - HOTEL TAX INVOICE TOTAL: 2,981.00 VENDOR TOTAL: 3,053.00 AMOCO BP AMOCO OIL COMPANY 065159923409 09/02/04 01 STREETS - AUG 8 - SEPT 2 01-410-65-00-5812 00202085 10/12/04 790.68 GASOLINE INVOICE TOTAL: 790.68 5902007656409 09/08/04 01 POLICE - AUG 8 - SEPT 8 01-210-65-00-5812 10/12/04 5,926.34 GASOLINE INVOICE TOTAL: 5,926.34 VENDOR TOTAL: 6,717.02 AQUAFIX AQUAFIX, INC. 826 09/07/04 01 SEWER OP-BACTERIA DEGREASER 52-000-62-00-5422 00202048 10/12/04 234.89 LIFT STATION MAINTENANCE 02 FOR LIFT STATIONS ** COMMENT ** INVOICE TOTAL: 234.89 VENDOR TOTAL: 234.89 AROLAB ARRO LABORATORY, INC. 32839 08/20/04 01 WATER OP - SAMPLES 51-000-65-00-5822 00201953 10/12/04 160.00 WATER SAMPLES INVOICE TOTAL: 160.00 32881 08/26/04 01 WATER OP - SAMPLES 51-000-65-00-5822 00201953 10/12/04 150.00 WATER SAMPLES INVOICE TOTAL: 150.00 P1 )ATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 2 'IME: 10:19:58 DETAIL BOARD REPORT D: AP441000_WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 3ROLAB ARRO LABORATORY, INC. 32903 08/31/04 01 WATER OP - SAMPLES 51-000-65-00-5822 00201953 10/12/04 20.00 WATER SAMPLES INVOICE TOTAL: 20.00 32934 09/08/04 01 WATER OP - SAMPLES 51-000-65-00-5822 00201953 10/12/04 40.00 WATER SAMPLES INVOICE TOTAL: 40.00 VENDOR TOTAL: 370.00 STT AT&T 091304-4349 09/13/04 01 ADMIN - AUG LONG DISTANCE 01-110-62-00-5436 10/12/04 35.29 TELEPHONE 02 POLICE - AUG LONG DISTANCE 01-210-62-00-5436 35.29 TELEPHONE 03 WATER OP - AUG LONG DISTANCE 51-000-62-00-5436 35.28 TELEPHONE INVOICE TOTAL: 105.86 091304-8412 09/13/04 01 WATER OP - LONG DISTANCE 51-000-62-00-5436 10/12/04 24.99 TELEPHONE INVOICE TOTAL: 24.99 VENDOR TOTAL: 130.85 UIRBLA AURORA BLACKTOP 092404 09/24/04 01 MFT-FINAL PAYOUT - FOX IND 15-000-65-00-5800 10/12/04 28,810.32 CONTINGENCY 02 PARK ROADWAY IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 28,810.32 VENDOR TOTAL: 28,810.32 3AZANS STEVEN BAZAN 091704 09/17/04 01 STREETS-CANNONBALL TRAIL ROAD 01-410-75-00-7100 10/12/04 434.00 STREET REHAB PROJECTS P2 )ATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 3 'IME: 10:19:58 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 3AZANS STEVEN BAZAN 091704 09/17/04 02 DRIVEWAY APRON REPLACED ** COMMENT ** 10/12/04 INVOICE TOTAL: 434.00 VENDOR TOTAL: 434.00 3ONESZ BONESZ, ZACHARY 092204 09/28/04 01 ADMIN - DENTAL REIMBURSEMENT 01-110-50-00-5205 10/12/04 37.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 37.00 092904 09/29/04 01 ADMIN-VISION ASSISTANCE 01-110-50-00-5205 10/12/04 67.50 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 67.50 VENDOR TOTAL: 104.50 3ROWNTRA BROWN TRAFFIC PRODUCTS 166541 09/10/04 01 STREETS - SIGNAL HEAD 01-410-62-00-5414 00202086 10/12/04 1,264.51 MAINTENANCE-TRAFFIC SIGNAL 02 AND MOUNTING HARDWARE ** COMMENT ** INVOICE TOTAL: 1,264.51 VENDOR TOTAL: 1,264.51 2ALVG CALVERT, GLENN 091604 09/16/04 01 ADMIN - VISION REIMBURSEMENT 01-110-50-00-5205 10/12/04 149.60 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 149.60 VENDOR TOTAL: 149.60 :DWG CDW GOVERNMENT INC. 0S54887 09/15/04 01 POLICE-SONY DSC-P73 CAMERA 01-210-65-00-5804 00302710 10/12/04 289.94 OPERATING SUPPLIES INVOICE TOTAL: 289.94 VENDOR TOTAL: 289.94 P3 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 10:19:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COMDIR COMMUNICATIONS DIRECT INC 65127 09/15/04 01 POLICE - REPAIR CAMERA VAULT 01-210-62-00-5408 00302713 10/12/04 524.78 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 524.78 VENDOR TOTAL: 524.78 CONED COMMONWEALTH EDISON 0902044029 09/02/04 01 SEWER OP - JUL 17-AUG2 52-000-62-00-5435 00202081 10/12/04 22.28 ELECTRICITY INVOICE TOTAL: 22.28 0903044029 09/03/04 01 SEWER OP - AUG2-AUG31 52-000-62-00-5435 00202081 10/12/04 53.32 ELECTRICITY INVOICE TOTAL: 53.32 092104-01000 09/21/04 01 STREETS-LIGHTS 01-410-62-00-5435 00202093 10/12/04 1,459.01 ELECTRICITY INVOICE TOTAL: 1,459.01 092104-1002 09/21/04 01 WATER OP-420 FAIRHAVEN DR 51-000-62-00-5435 00202093 10/12/04 7,950.21 ELECTRICITY 02 PUMPING CHARGES ** COMMENT ** INVOICE TOTAL: 7,950.21 VENDOR TOTAL: 9,484.82 CONDESGN CONSERVATION DESIGN FORUM 0003361 09/09/04 01 GENERAL CONSULTATION 01-000-13-00-1372 10/12/04 243.75 A/R - OTHER 02 KIMBALL HILL - JUL 31 - SEPT 3 ** COMMENT ** INVOICE TOTAL: 243.75 0003362 09/09/04 01 PLAN REVIEW 01-000-13-00-1372 10/12/04 525.00 AIR - OTHER P4 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 5 PIME: 10:19:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR ## DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :ONDESGN CONSERVATION DESIGN FORUM 0003362 09/09/04 02 GRANDE RESERVE JUL 31 - SEPT 3 ** COMMENT ** 10/12/04 INVOICE TOTAL: 525.00 VENDOR TOTAL: 768.75 DHUSE DHUSE, ERIC 092204 09/22/04 01 ADMIN - DENTAL REIMBURSEMENT 01-110-50-00-5205 10/12/04 120.79 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 120.79 092204A 09/22/04 01 ADMIN - VISION REIMBURSEMENT 01-110-50-00-5205 10/12/04 239.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 239.00 092704 09/27/04 01 ADMIN - VISION REIMBURSEMENT 01-110-50-00-5205 10/12/04 61.66 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 61.66 VENDOR TOTAL: 421.45 DOMEST DOMESTIC UNIFORM RENTAL 083104 08/31/04 01 WATER OP-UNIFORMS JUN-AUG 51-000-62-00-5421 00202089 10/12/04 593.79 WEARING APPAREL 02 SEWER OP-UNIFORMS JUN-AUG 52-000-62-00-5421 593.78 WEARING APPAREL 03 STREETS-UNIFORMS JUN-AUG 01-410-62-00-5421 593.79 WEARING APPAREL INVOICE TOTAL: 1,781.36 VENDOR TOTAL: 1,781.36 EAGLE EAGLE BROOK SERVICES, LLC 1389 09/10/04 01 MOWING AT 206 WOLF ST. 01-000-13-00-1372 10/12/04 227.25 A/R - OTHER INVOICE TOTAL: 227.25 VENDOR TOTAL: 227.25 P5 )ATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 6 LIME: 10:19:58 DETAIL BOARD REPORT CD: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ?LOWTECH FLOW-TECHNICS 1/064920 09/22/04 01 SEWER OP-10 HP MOTOR & PUMP 52-000-62-00-5422 00202164 10/12/04 3,982.03 LIFT STATION MAINTENANCE 02 & INSTALLATION-BLACKBERRY PRJT ** COMMENT ** INVOICE TOTAL: 3,982.03 VENDOR TOTAL: 3,982.03 3ALLS GALL'S INC. 5729698700019 09/24/04 01 POLICE-3 TRAFFIC VESTS 01-210-65-00-5804 00302634 10/12/04 104.87 OPERATING SUPPLIES INVOICE TOTAL: 104.87 VENDOR TOTAL: 104.87 3IPED GIPE, DINA 072104-EDC 09/14/04 01 ADMIN - MINUTE TAKING JUL 21 01-110-62-00-5401 10/12/04 75.00 CONTRACTUAL SERVICES INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 3RTAMLES GREATAMERICA LEASING CORP. 4100905 09/22/04 01 ADMIN-MTHLY COPIER LEASE CHGS 01-110-62-00-5412 10/12/04 1,616.00 MAINTENANCE - PHOTOCOPIERS 02 WATER OP-COPIER LEASE CHGS 51-000-65-00-5809 140.00 PRINTING & COPYING INVOICE TOTAL: 1,756.00 VENDOR TOTAL: 1,756.00 HENNE VERNE HENNE CONSTR. & 24367 09/07/04 01 MUNICIPAL BLDG-REPLACE OUTSIDE 16-000-75-00-7205 10/12/04 90.15 BLDG IMPROVEMENTS-LIBRARY 02 LIGHT © LIBRARY ** COMMENT ** INVOICE TOTAL: 90.15 P6 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 7 LIME: 10:19:58 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IENNE VERNE HENNE CONSTR. & 24428 09/09/04 01 MUNICIPAL BLDG-REPAIR FLAG 16-000-75-00-7204 10/12/04 193.39 BLDG MAINT - CITY HALL 02 POLE LIGHT AT CITY HALL ** COMMENT ** INVOICE TOTAL: 193.39 VENDOR TOTAL: 283.54 ICCI INTERNATIONAL CODES 20040923 09/22/04 01 ADMIN-9/1-9/15 BLDG PERMITS 01-110-61-00-5314 10/12/04 34,505.90 BUILDING INSPECTIONS INVOICE TOTAL: 34,505.90 VENDOR TOTAL: 34,505.90 ILLINI ILLINI POWER PRODUCTS C00221 09/20/04 01 SEWER OP-STARTER MOTOR FOR 52-000-62-00-5408 00202165 10/12/04 296.65 MAINTENANCE-EQUIPMENT 02 DMT GENERATOR ** COMMENT ** INVOICE TOTAL: 296.65 VENDOR TOTAL: 296.65 IMSA IMSA 69417 09/28/04 01 STREETS - YEARLY DUES 01-410-64-00-5604 00202082 10/12/04 60.00 TRAINING & CONFERENCES INVOICE TOTAL: 60.00 VENDOR TOTAL: 60.00 ISDA ISDA 63621800 09/29/04 01 POLICE-REGISTRATION IL DEAN'S 01-210-64-00-5604 00302901 10/12/04 235.00 TRAINING & CONFERENCE 02 ASSOC STATE CONF-J HELLAND ** COMMENT ** INVOICE TOTAL: 235.00 VENDOR TOTAL: 235.00 P7 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 8 LIME: 10:19:59 DETAIL BOARD REPORT ED: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT TULIE JULIE, INC. 08-04-1715 09/01/04 01 WATER OP - MONTHLY FEE 51-000-61-00-5303 00202084 10/12/04 713.00 JULIE SERVICE INVOICE TOTAL: 713.00 VENDOR TOTAL: 713.00 SENPR KENDALL PRINTING 12473 09/16/04 01 ENGINEERING-BUSINESS CARDS FOR 01-150-65-00-5809 10/12/04 204.00 PRINTING & COPYING 02 BARKLEY,FISCHER,WYWROT,BUSCH ** COMMENT ** 03 & ROBINSON ** COMMENT ** INVOICE TOTAL: 204.00 12495 09/24/04 01 ADMIN-MAYOR'S BUSINESS CARDS 01-110-65-00-5809 10/12/04 39.50 PRINTING & COPYING INVOICE TOTAL: 39.50 VENDOR TOTAL: 243.50 KOPY KOPY KAT COPIER 98940 09/23/04 01 ADMIN-STAPLES REFILL COPIER 01-110-65-00-5802 10/12/04 86.00 OFFICE SUPPLIES INVOICE TOTAL: 86.00 VENDOR TOTAL: 86.00 KRAMD KRAMER, DANIEL 090904 09/09/04 01 BLDG/ZONE - CIVIL LITIGATION 01-220-61-00-5300 10/12/04 3,715.00 LEGAL SERVICES 02 CITY VS. PETERSON ** COMMENT ** INVOICE TOTAL: 3,715.00 VENDOR TOTAL: 3,715.00 LAWSON LAWSON PRODUCTS P8 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 9 LIME: 10:19:59 DETAIL BOARD REPORT CD: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT LAWSON LAWSON PRODUCTS 2394508 09/07/04 01 STREETS - RESTOCK HARDWARE 01-410-65-00-5804 00202083 10/12/04 179.49 OPERATING SUPPLIES INVOICE TOTAL: 179.49 VENDOR TOTAL: 179.49 GOGOMAX LOGOMAX 2004-125 08/15/04 01 POLICE - 4 SHIRTS 01-210-62-00-5421 00302714 10/12/04 100.00 WEARING APPAREL INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 AENINC MENARDS INC 093004 09/30/04 01 ADMIN-MAY 2004-JULY 2004 01-110-78-00-9003 10/12/04 45,084.32 SALES TAX REBATE INVOICE TOTAL: 45,084.32 VENDOR TOTAL: 45,084.32 KENLAND MENARDS - YORKVILLE 10681CM 06/22/04 01 SEWER OP - ARROW SIGN 52-000-65-00-5805 10/12/04 -13.42 SHOP SUPPLIES 02 BLK/WHT LETTERS ** COMMENT ** INVOICE TOTAL: -13.42 23085 08/22/04 01 WATER OP - WASP/HORNET KILLER 51-000-65-00-5804 10/12/04 11.92 OPERATING SUPPLIES INVOICE TOTAL: 11.92 23900 08/26/04 01 WATER OP - ORANGE CORD, 51-000-65-00-5804 10/12/04 68.71 OPERATING SUPPLIES 02 OAK SHELF, DISINFECTANT WIPES ** COMMENT ** INVOICE TOTAL: 68.71 P9 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 24679 08/30/04 01 WATER OP - SOCKET, RATCHET 51-000-65-00-5804 10/12/04 25.88 OPERATING SUPPLIES INVOICE TOTAL: 25.88 26317 09/07/04 01 WATER OP-COAX CABLES, BLADES, 51-000-75-00-7002 00202091 10/12/04 154.71 COMPUTER EQUIP & SOFTWARE 02 STRIPPER, SPLITTER, TWIST ENDS ** COMMENT ** 03 & WALL PLATES ** COMMENT ** INVOICE TOTAL: 154.71 26885 09/10/04 01 WATER OP - FLAIR, TOOLS 51-000-65-00-5804 10/12/04 44.88 OPERATING SUPPLIES INVOICE TOTAL: 44.88 29937 09/27/04 01 ENG - BATTERIES 01-150-65-00-5801 10/12/04 15.98 ENGINEERING SUPPLIES INVOICE TOTAL: 15.98 VENDOR TOTAL: 308.66 METIND METROPOLITAN INDUSTRIES, INC. 0000156025 09/09/04 01 SEWER OP - ALTERNATOR RELAY 52-000-62-00-5422 00202047 10/12/04 442.50 LIFT STATION MAINTENANCE INVOICE TOTAL: 442.50 VENDOR TOTAL: 442.50 METLIFE METLIFE SMALL BUSINESS CENTER 091504 09/15/04 01 ADMIN - OCT CHARGES 01-110-50-00-5204 10/12/04 1,613.49 BENEFITS - GROUP LIFE INSU INVOICE TOTAL: 1,613.49 VENDOR TOTAL: 1,613.49 MILSCJ MILSCHEWSKI, JACKIE P 1 0 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT if P.O. # DUE DATE ITEM AMT IILSCJ MILSCHEWSKI, JACKIE 070604-COW 09/28/04 01 ADMIN - 7/06/04 COW MINUTES 01-110-62-00-5401 10/12/04 131.25 CONTRACTUAL SERVICES INVOICE TOTAL: 131.25 VENDOR TOTAL: 131.25 MSI MUNICIPAL SOFTWARE INC. 19653 09/15/04 01 ADMIN-CASH DRAWER & BLDG 01-110-64-00-5605 10/12/04 162.00 TRAVEL/MEALS/LODGING 02 PERMITS MODULES MILEAGE ** COMMENT ** 03 8/12, 8/19 & 8/20 ** COMMENT ** INVOICE TOTAL: 162.00 VENDOR TOTAL: 162.00 NATLWTR NATIONAL WATERWORKS, INC. 1616164 08/26/04 01 WATER OP - METERS 51-000-75-00-7506 00202123 10/12/04 3,288.00 METER READERS INVOICE TOTAL: 3,288.00 1626865 08/27/04 01 WATER OP - GAUGE WIRE 51-000-75-00-7506 00202123 10/12/04 210.00 METER READERS INVOICE TOTAL: 210.00 1651320 09/03/04 01 WATER OP - GAUGE WIRE 51-000-75-00-7506 02020123 10/12/04 70.00 METER READERS INVOICE TOTAL: 70.00 1652461 09/10/04 01 WATER OP - METERS 51-000-75-00-7506 10/12/04 2,260.45 METER READERS INVOICE TOTAL: 2,260.45 VENDOR TOTAL: 5,828.45 NELSON NELSON ENTERPRISES, INC. P11 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT NELSON NELSON ENTERPRISES, INC. 1227-0002 01 ADMIN - WSPY 6 30 SEC ANNOUNCE 01-110-65-00-5844 10/12/04 274.00 MARKETING - HOTEL TAX INVOICE TOTAL: 274.00 VENDOR TOTAL: 274.00 NEMRT NORTH EAST MULTI-REGIONAL 55353 09/23/04 01 POLICE-JUVENILE SPECIALIST 01-210-64-00-5604 10/12/04 75.00 TRAINING & CONFERENCE 02 PROGRAM CD VERSION-STROUP ** COMMENT ** INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 NEXTEL NEXTEL COMMUNICATIONS 837900513-031 09/22/04 01 ADMIN-8/18-9/17 CHARGES 01-110-62-00-5438 10/12/04 135.77 CELLULAR TELEPHONE 02 RECREATION-8/18-9/17 CHARGES 01-000-13-00-1372 844.14 A/R - OTHER 03 WATER OP-8/18-9/17 CHARGES 51-000-62-00-5438 320.19 CELLULAR TELEPHONE 04 ENGINEERING-8/18-9/17 CHARGES 01-150-62-00-5438 203.65 CELLULAR TELEPHONE 05 SEWER OP-8/18-9/17 CHARGES 52-000-62-00-5438 107.48 CELLULAR TELEPHONE 06 STREETS-8/18-9/17 CHARGES 01-410-62-00-5438 203.65 CELLULAR TELEPHONE 07 PARKS-8/18-9/17 CHARGES 01-000-13-00-1372 285.11 A/R - OTHER 08 POLICE-8/18-9/17 CHARGES 01-210-62-00-5438 981.78 CELLULAR TELEPHONE INVOICE TOTAL: 3,081.77 VENDOR TOTAL: 3,081.77 OFFWORK OFFICE WORKS P12 )ATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 13 'IME: 10:19:59 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM ( VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT )FFWORK OFFICE WORKS 060133 09/16/04 01 ENG - PAPER CLIPS 01-150-65-00-5802 10/12/04 5.54 OFFICE SUPPLIES INVOICE TOTAL: 5.54 060332 09/21/04 01 ADMIN-MONITOR RISER/TRAY 01-110-65-00-5802 10/12/04 21.49 OFFICE SUPPLIES INVOICE TOTAL: 21.49 060619 09/24/04 01 ADMIN-WK/MTH CALENDAR 01-110-65-00-5802 10/12/04 25.42 OFFICE SUPPLIES 02 WATER OP-FOLDING MAGNIFIER 51-000-65-00-5804 11.99 OPERATING SUPPLIES INVOICE TOTAL: 37.41 060813 09/29/04 01 ADMIN-QTY 2-11X8.5 3INCH RING 01-110-65-00-5802 10/12/04 18.98 OFFICE SUPPLIES 02 BINDERS ** COMMENT ** INVOICE TOTAL: 18.98 VENDOR TOTAL: 83.42 )HERRCOM RAY O'HERRON COMPANY 21196 09/24/04 01 POLICE-BADGE HOLDERS 01-210-62-00-5421 10/12/04 25.90 WEARING APPAREL INVOICE TOTAL: 25.90 21197 09/24/04 01 POLICE-FLASHLIGHTS,CITATION 01-210-62-00-5421 00302903 10/12/04 486.45 WEARING APPAREL 02 HOLDERS,POSSE BOX, DOOR ** COMMENT ** 03 OPENING TOOL & EQUIPMENT BAGS ** COMMENT ** INVOICE TOTAL: 486.45 VENDOR TOTAL: 512.35 )RRK KATHLEEN FIELD ORR & ASSOC. P13 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ORRK KATHLEEN FIELD ORR & ASSOC. 11360 09/28/04 01 PROFESSIONAL SERVICES- 01-000-13-00-1372 10/12/04 960.00 A/R - OTHER 02 TIF COUNTRYSIDE ** COMMENT ** INVOICE TOTAL: 960.00 VENDOR TOTAL: 960.00 PARADISE PARADISE CAR WASH 083104 08/31/04 01 POLICE-3 CAR WASHES 01-210-62-00-5409 10/12/04 23.85 MAINTENANCE - VEHICLES INVOICE TOTAL: 23.85 VENDOR TOTAL: 23.85 PEPPERL PEPPERL+FUCHS INC 8458830 09/17/04 01 SEWER OP-CIRCUIT CONTROLLER 52-000-62-00-5422 00202078 10/12/04 249.11 LIFT STATION MAINTENANCE INVOICE TOTAL: 249.11 VENDOR TOTAL: 249.11 PFPETT P.F. PETTIBONE & CO. 7376 09/15/04 01 POLICE-CRIME PREVENTION 01-210-65-00-5809 00302698 10/12/04 255.40 PRINTING & COPYING 02 NOTICE TICKETS ** COMMENT ** INVOICE TOTAL: 255.40 VENDOR TOTAL: 255.40 PLECKT PLECKHAM, TRACI 092804 09/28/04 01 ADMIN-VISION ASSISTANCE 01-110-50-00-5205 10/12/04 133.32 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 133.32 VENDOR TOTAL: 133.32 P14 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 15 LIME: 10:19:59 DETAIL BOARD REPORT CD: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM IENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ?OSTER POSTER COMPLIANCE CENTER 630169-IL 09/07/04 01 WATER OP-2004-2005 FED POSTERS 51-000-75-00-7004 00202088 10/12/04 46.25 SAFETY EQUIPMENT INVOICE TOTAL: 46.25 VENDOR TOTAL: 46.25 ?OSTNET POSTNET IL 124 15372 09/21/04 01 ADMIN-COPIES TO RECORD DOC 01-110-65-00-5809 10/12/04 11.00 PRINTING & COPYING 02 GALENA WATERMAIN EASEMENT ** COMMENT ** INVOICE TOTAL: 11.00 15457 09/24/04 01 ENGINEERING-FOX HILL COPIES 01-150-65-00-5809 10/12/04 8.00 PRINTING & COPYING INVOICE TOTAL: 8.00 15546 09/28/04 01 SEWER OP-COPIES 52-000-65-00-5804 10/12/04 2.40 OPERATING SUPPLIES INVOICE TOTAL: 2.40 VENDOR TOTAL: 21.40 PROVENA PROVENA SAINT JSEPH HOSPITAL 188 10/01/04 01 ADMIN-4TH QTR PYMT-EAP 01-110-61-00-5310 10/12/04 850.00 EMPLOYEE ASSISTANCE INVOICE TOTAL: 850.00 VENDOR TOTAL: 850.00 )UILL QUILL CORPORATION 2062194 09/14/04 01 POLICE - PERSONNEL FILE FOLDER 01-210-65-00-5802 10/12/04 41.90 OFFICE SUPPLIES INVOICE TOTAL: 41.90 2129416 09/16/04 01 BLDG/ZONE-6 NOTE BOOKS, 1PK 01-220-65-00-5804 10/12/04 38.60 OPERATING SUPPLIES P15 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE ## DESCRIPTION ACCOUNT # P.O. ## DUE DATE ITEM AMT QUILL QUILL CORPORATION 2129416 09/16/04 02 NOTE PADS,1 DZ HIGHLIGHTERS ** COMMENT ** 10/12/04 03 1 DZ MARKERS & PENS ** COMMENT ** INVOICE TOTAL: 38.60 2166825 09/20/04 01 ADMIN-WEBSITE ADDRESS ON 01-110-65-00-5809 10/12/04 14.38 PRINTING & COPYING 02 BUSINESS CARDS ** COMMENT ** INVOICE TOTAL: 14.38 VENDOR TOTAL: 94.88 RELIABLE RELIABLE COMPUTER SERVICES 3212 09/08/04 01 SEWER OP - COMPUTER SUPPLIES 52-000-75-00-7002 00202079 10/12/04 101.83 COMPUTER EQUIP & SOFTWARE 1 02 TO NETWORK PUBLIC WORKS ** COMMENT ** INVOICE TOTAL: 101.83 VENDOR TOTAL: 101.83 RIVERHTS RIVER HEIGHTS VETERINARY 4168 08/18/04 01 POLICE - DOG FOOD - SAMMY 01-210-65-00-5804 10/12/04 23.47 OPERATING SUPPLIES INVOICE TOTAL: 23.47 VENDOR TOTAL: 23.47 ROSATIS ROSATI'S 092204 09/22/04 01 ADMIN-LUNCH 9/22- WCC CLASSES 01-110-64-00-5605 10/12/04 69.99 TRAVEL/MEALS/LODGING INVOICE TOTAL: 69.99 VENDOR TOTAL: 69.99 ROSENWKL ROSENWINKEL, MICHAEL & TAMARA 2003-TAXREFUND 09/30/04 01 ADMIN-2003 TAX REFUND 01-110-78-00-9001 10/12/04 31.51 CITY TAX REBATE P16 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR 4 DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ROSENWKL ROSENWINKEL, MICHAEL & TAMARA 2003-TAXREFUND 09/30/04 02 PARCEL # 02-17-100-010 ** COMMENT ** 10/12/04 INVOICE TOTAL: 31.51 2003-TAXREFUND2 09/30/04 01 ADMIN-TAX REFUND 01-110-78-00-9001 10/12/04 347.81 CITY TAX REBATE 02 PARCEL #02-18-200-004 ** COMMENT ** INVOICE TOTAL: 347.81 2003-TAXREFUND3 09/30/04 01 ADMIN-TAX REFUND 01-110-78-00-9001 10/12/04 47.41 CITY TAX REBATE 02 PARCEL # 02-17-100-004 ** COMMENT ** INVOICE TOTAL: 47.41 VENDOR TOTAL: 426.73 SAFESUPP SAFETY SUPPLY ILLINOIS 1123427-01 09/13/04 01 SEWER OP-GAS DETECTOR REPAIR 52-000-62-00-5408 00202049 10/12/04 421.93 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 421.93 VENDOR TOTAL: 421.93 SALISM SAILSBURY, MARGARET 5852-29 09/11/04 01 STREETS - CLEANING ON SEPT 11 01-410-62-00-5401 10/12/04 50.00 CONTRACTUAL SERVICES INVOICE TOTAL: 50.00 5852-30 09/19/04 01 STREETS - CLEANING ON SEP 19 01-410-62-00-5401 10/12/04 50.00 CONTRACTUAL SERVICES INVOICE TOTAL: 50.00 5852-31 09/25/04 01 SEWER OP-CLEANING PUBLIC WORKS 52-000-62-00-5401 10/12/04 50.00 CONTRACTUAL SERVICES INVOICE TOTAL: 50.00 VENDOR TOTAL: 150.00 P17 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SBC SBC 312Z89584109 09/16/04 01 ADMIN - 1/2 T-LINE CHARGES 01-110-62-00-5436 10/12/04 62.65 TELEPHONE INVOICE TOTAL: 62.65 630R06126909 09/16/04 01 ADMIN-AUG 17-SEP 16 CHGS 01-110-62-00-5436 10/12/04 11.50 TELEPHONE 02 WATER OP-AUG 17-SEP 16 CHGS 51-000-62-00-5436 11.50 TELEPHONE 03 POLICE-AUG 17-SEP 16 CHGS 01-210-62-00-5436 11.51 TELEPHONE INVOICE TOTAL: 34.51 630R26296509 09/16/04 01 ADMIN-9/16-10/15 CHARGES 01-110-62-00-5436 10/12/04 744.82 TELEPHONE 02 POLICE-9/16-10/15 CHARGES 01-210-62-00-5436 744.82 TELEPHONE 03 WATER OP-9/16-10/15 CHARGES 51-000-62-00-5436 744.82 TELEPHONE INVOICE TOTAL: 2,234.46 708Z91100109 09/16/04 01 WATER OP-AUG 17-SEP 16 CHGS 51-000-62-00-5436 10/12/04 67.64 TELEPHONE INVOICE TOTAL: 67.64 VENDOR TOTAL: 2,399.26 SERVMASC SERVICEMASTER COMMERCIAL 124182 09/24/04 01 MUNICIPAL BLDG-18 CARPET MATS 16-000-62-00-5416 00102176 10/12/04 1,302.60 MAINT-GENERAL BLDG & GROUN 02 VARIOUS SIZES INCL LOGO MAT ** COMMENT ** INVOICE TOTAL: 1,302.60 VENDOR TOTAL: 1,302.60 SHREDCO SHRED-CO P18 )ATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 19 LIME: 10:19:59 DETAIL BOARD REPORT [D: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM IENDOR # DATE ## DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SHREDCO SHRED-CO 21113505 09/08/04 01 ADMIN-SHREDDING CHARGES 01-110-62-00-5401 10/12/04 204.00 CONTRACTUAL SERVICES INVOICE TOTAL: 204.00 VENDOR TOTAL: 204.00 SMITH SMITH ENGINEERING 324401 09/24/04 01 ENGINEERING-REVIEW WHEATON 01-150-62-00-5401 10/12/04 1,911.25 CONTRACTUAL SERVICES 02 AVE SIGNAL WARRANTS & TRAFFIC ** COMMENT ** INVOICE TOTAL: 1,911.25 VENDOR TOTAL: 1,911.25 3TICKAR RICHARD STICKA 091704-IML 09/17/04 01 ADMIN-CAB & MEAL REIMBURSEMENT 01-110-64-00-5605 10/12/04 84.57 TRAVEL/MEALS/LODGING INVOICE TOTAL: 84.57 VENDOR TOTAL: 84.57 SUBCHNEW SUBURBAN CHICAGO NEWSPAPERS AD 083104 08/31/04 01 BLDG/ZONE - LEGAL NOTICE 01-220-65-00-5810 10/12/04 1,250.80 PUBLISHING & ADVERTISING INVOICE TOTAL: 1,250.80 VENDOR TOTAL: 1,250.80 TAPCO TRAFFIC & PARKING CONTROL INC 205624 09/10/04 01 MFT - ANCHOR 15-000-75-00-7007 00202087 10/12/04 300.00 SIGNS INVOICE TOTAL: 300.00 206269 09/21/04 01 MFT-50 ANCHORS & 50 POSTS 15-000-75-00-7007 00202092 10/12/04 1,590.93 SIGNS INVOICE TOTAL: 1,590.93 P 1 9 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 20 LIME: 10:19:59 DETAIL BOARD REPORT ED: AP441000.W0W INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM /ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CAPCO TRAFFIC & PARKING CONTROL INC 206456 09/23/04 01 MFT-BOLTS & DOWN ARROW SIGN 15-000-75-00-7007 00202092 10/12/04 150.50 SIGNS INVOICE TOTAL: 150.50 TAW01 09/13/04 01 MFT - DO NOT ENTER, VETERANS 15-000-75-00-7007 00202087 10/12/04 745.20 SIGNS 02 PKWY, COY PARK PROPERTY ** COMMENT ** INVOICE TOTAL: 745.20 VENDOR TOTAL: 2,786.63 CEAUSAWS SHEILA TEAUSAW 090704-COW 09/15/04 01 ADMIN -9/07/04 COW MINUTES 01-110-62-00-5401 10/12/04 140.63 CONTRACTUAL SERVICES INVOICE TOTAL: 140.63 VENDOR TOTAL: 140.63 CHYSSEN THYSSENKRUPP ELEVATOR CORP 347886 10/01/04 01 MUNICIPAL BLDG-ELEVATOR MAINT 16-000-62-00-5416 10/12/04 390.00 MAINT-GENERAL BLDG & GROUN 02 FOR 10/01/04-12/31/04 ** COMMENT ** INVOICE TOTAL: 390.00 VENDOR TOTAL: 390.00 CROTSKY TROTSKY INVESTIGATIVE 092904 09/29/04 01 POLICE-POLYGRAPH FEES FOR 01-210-62-00-5431 00302715 10/12/04 300.00 LABORATORY FEES 02 3 APPLICANTS ** COMMENT ** INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 CUCKER TUCKER DEVELOPMENT CORP. P20 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT TUCKER TUCKER DEVELOPMENT CORP. 093004 09/30/04 01 APRIL 2004-JUNE 2004 01-110-78-00-9003 10/12/04 38,065.72 SALES TAX REBATE INVOICE TOTAL: 38,065.72 VENDOR TOTAL: 38,065.72 ULRICH ULRICH CHEMICAL, INC. 150043 09/08/04 01 WATER OP - CHLORINE LIQUID 51-000-65-00-5820 00201954 10/12/04 552.08 CHEMICALS 02 HYDROFLUOSILICIC ACID ** COMMENT ** INVOICE TOTAL: 552.08 150044 09/08/04 01 WATER OP - CHLORINE LIQUID 51-000-65-00-5820 00201954 10/12/04 357.80 CHEMICALS INVOICE TOTAL: 357.80 VENDOR TOTAL: 909.88 UNIFIED UNIFIED SUPPLY 0093813-IN 07/26/04 01 WATER OP - BREAKER CLONE 51-000-65-00-5804 10/12/04 10.83 OPERATING SUPPLIES INVOICE TOTAL: 10.83 0095017-IN 08/31/04 01 WATER OP - CONNECTOR COMM. 51-000-75-00-7508 10/12/04 87.39 METERS & PARTS INVOICE TOTAL: 87.39 VENDOR TOTAL: 98.22 UNIVCAB UNIVERSAL CABLE CONSTRUCTION 072604 07/26/04 01 WATER OP-DEPOSIT REFUND 51-000-78-00-9005 10/12/04 489.00 REFUND INVOICE TOTAL: 489.00 VENDOR TOTAL: 489.00 P21 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 22 DIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT UPSIL UPS 00004296X2384 09/18/04 01 WATER OP - MAIL 2 PACKAGES 51-000-65-00-5808 10/12/04 40.83 POSTAGE & SHIPPING INVOICE TOTAL: 40.83 VENDOR TOTAL: 40.83 VESCO VESCO 22883 09/08/04 01 ENG - INKJET BOND, INK CART. 01-150-65-00-5802 10/12/04 75.68 OFFICE SUPPLIES INVOICE TOTAL: 75.68 VENDOR TOTAL: 75.68 WASTEM WASTE MANAGEMENT 3147245-2354-8 09/16/04 01 STREETS-2004 ASPHALT SURFACE 01-410-75-00-7100 10/12/04 537.57 STREET REHAB PROJECTS 02 TREATMENT-STREET SWEEPING ** COMMENT ** INVOICE TOTAL: 537.57 VENDOR TOTAL: 537.57 WAUBONSE WAUBONSEE COMMUNITY COLLEGE 101823 09/17/04 01 POLICE-FALL SEMESTER-GROESCH 01-210-64-00-5608 10/12/04 168.00 TUITION REIMBURSEMENT INVOICE TOTAL: 168.00 VENDOR TOTAL: 168.00 WTRPRD WATER PRODUCTS, INC. 0172601 09/02/04 01 SEWER OP - REPAIR CLAMPS 52-000-62-00-5422 00202046 10/12/04 177.54 LIFT STATION MAINTENANCE INVOICE TOTAL: 177.54 VENDOR TOTAL: 177.54 WYETH WYETH, HEITZ & BROMBEREK P22 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 23 PIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT NYETH WYETH, HEITZ & BROMBEREK 090104 09/01/04 01 4.75 HRS SWANSON PROPERTY 01-000-13-00-1372 10/12/04 736.25 A/R - OTHER 02 BLDG/ZONE-26.5 HRS REVIEWS, 01-220-61-00-5300 4,103.75 LEGAL SERVICES 03 PHONE CONFERENCES & MEETINGS ** COMMENT ** INVOICE TOTAL: 4,840.00 VENDOR TOTAL: 4,840.00 YOPDPET YORKVILLE POLICE DEPARTMENT 092904 09/29/04 01 POLICE-WATER FOR RIVERFRONT 01-210-65-00-5804 10/12/04 16.08 OPERATING SUPPLIES 02 FESTIVAL ** COMMENT ** 03 POLICE-WATER FOR PATROL AT 01-210-65-00-5804 20.10 OPERATING SUPPLIES 04 RIVERFRONT FESTIVAL ** COMMENT ** 05 POLICE-SEC OF STATE-NOTARY FEE 01-210-65-00-5804 20.00 OPERATING SUPPLIES 06 POLICE-ZEITER-DICKSON-NOTARY 01-210-65-00-5804 60.00 OPERATING SUPPLIES 07 RENEWAL ** COMMENT ** 08 PD-VEHICLE REGISTRATION M-10 01-210-65-00-5804 75.00 OPERATING SUPPLIES 09 POLICE-CPAA BOARD MEETING 01-210-65-00-5804 15.20 OPERATING SUPPLIES 10 DINNER FOR 213 ** COMMENT ** INVOICE TOTAL: 206.38 VENDOR TOTAL: 206.38 YOPOSTW YORKVILLE POSTMASTER 092204 09/22/04 01 WATER OP - UTILITY BILLS 51-000-65-00-5808 10/12/04 700.00 POSTAGE & SHIPPING INVOICE TOTAL: 700.00 VENDOR TOTAL: 700.00 P23 )ATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 24 AIME: 10:19:59 DETAIL BOARD REPORT CD: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CORKACE YORKVILLE ACE & RADIO SHACK 079847 09/22/04 01 SEWER OP - ROPE 52-000-62-00-5422 10/12/04 7.37 LIFT STATION MAINTENANCE INVOICE TOTAL: 7.37 VENDOR TOTAL: 7.37 COSCHOL YORKVILLE SCHOOL DIST #115 092804-LANDCASH 09/30/04 01 TRUST & AGENCY-8/01/04-9/28/04 95-000-78-00-9011 10/12/04 825,132.06 SCHOOL LAND CASH PMTS 02 LAND CASH ** COMMENT ** INVOICE TOTAL: 825,132.06 VENDOR TOTAL: 825,132.06 (OUNGM YOUNG, MARLYS 080304-COW 09/21/04 01 ADMIN-8/03/04 COW MINUTES 01-110-62-00-5401 10/12/04 150.00 CONTRACTUAL SERVICES INVOICE TOTAL: 150.00 080404-ZB 09/11/04 01 ADMIN-8/04/04 ZONING BOARD OF 01-110-62-00-5401 10/12/04 45.00 CONTRACTUAL SERVICES 02 APPEALS MINUTES ** COMMENT ** INVOICE TOTAL: 45.00 VENDOR TOTAL: 195.00 (RKSTORG YORKVILLE SELF STORAGE, INC 093004-OCT 09/30/04 01 MUNICIPAL BLDG-OCT STORAGE 16-000-75-00-7203 10/12/04 150.00 BLDG IMPROVEMENTS-PUBLIC W 02 CHARGES FOR SPACE #83 & #76 ** COMMENT ** INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 MSUPPLY ZB SUPPLY COMPANY P24 DATE: 10/01/04 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 10:19:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 10/12/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ZBSUPPLY ZB SUPPLY COMPANY 62903 09/23/04 01 ADMIN-BAG VINYL REPLACEMENT 01-110-65-00-5804 10/12/04 49.09 OPERATING SUPPLIES INVOICE TOTAL: 49.09 VENDOR TOTAL: 49.09 TOTAL ALL INVOICES: 1,045,140.47 P25 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 09/18/04 SOCIAL REGULAR OVERTIME TOTAL SECURITY IMRF TOTALS ADMINISTRATION $17,271.44 $0.00 $17,271.44 $1,321.26 $1,611.04 $20,203.74 ENGINEERING $9,211.80 $0.00 $9,211.80 $704.70 $927.63 $10,844.13 POLICE $52,002.19 $2,905.90 $54,908.09 $4,200.41 $381.27 $59,489.77 PUBLIC WORKS $17,127.12 $1,787.31 $18,914.43 $1 ,447.00 $1,904.69 $22,266.12 LIBRARY $5,195.20 $0.00 $5,195.20 $397.42 $330.62 $5,923.24 RECREATION $10,548.86 $0.00 $10,548.86 $807.05 $694.62 $12,050.53 PARKS $11,093.08 $323.21 $11 ,416.29 $873.31 $977.43 $13,267.03 TOTALS $122,449.69 $5,016.42 $127,466.11 $9,751.15 $6,827.30 $144,044.56 TOTAL INVOICES 10/12/2004 $1,045,140.47 TOTAL PAYROLL 09/18/2004 $144,044.56 TOTAL DISBURSEMENTS $1,189,185.03 P26 UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer Subject: Hydraulic Avenue Interceptor— Chan Order No. 1 Date: August 27, 2004 Attached find four (4) copies of proposed Change Order No. 1 for the referenced project. This change order, in the amount of a $45,795.00 increase, is for additional watermain relocation work and for providing a construction fence along the railroad tracks as requested by Illinois Railnet. Please refer to Philippe Moreau's letter for more details. No IEPA permit is needed for the watermain replacement since we would not be changing the size of the pipe or the service area. The watermain between Route 47 and Heustis was constructed in 1958, and the section between Heustis and Mill was constructed in 1974. This work would be paid for by YBSD's Infrastructure Participation Fee. The unit prices are reasonable, and I recommend that this change order be approved. This work is scheduled to begin next week. Since there isn't time to send this through the normal channels prior to beginning the work I -• - •• s and Art concur that the work is necessary and we will send it to t• - • slic Works Committee at their - : -mber 27, 2004 meeting. If you have any questions regarding this matter, please see me. 02 d'fij—zi /1/-6Y Cc: Art Prochaska, Mayor Eric Dhuse, Director of Public Works Liz D'Anna, Deputy City Clerk WALTER E. DEUCHLER ASSOCIATES INC. Consulting Engineers 230 WOODLAWN AVENUE • TELEPHONE (630) 897-4651 • FAX (630) 897-5696 AURORA, ILLINOIS 60506 • August 27, 2004 Mr. Joe Wywrot City Engineer City of Yorkville 800 Game Faun Road Yorkville, IL 60560 RE: Change Order No. 1 Hydraulic Avenue Interceptor W.E.D.A. Job #788-03033-00 Dear Joe: As you are aware, the project Plans call for relocation of 280 linear feet of 8 inch watenmain from State Street to Main Street and 290 linear feet of 8 inch water main between Rt. 47 and mid-block of East Alley and Heustis. Recent pavement markings performed by the City's Water Department,revealed that the existing watermain, east of said mid-block to Mill Street is also too close to the proposed 42 inch sanitary sewer. We therefore recommend relocating another 515 linear feet of 8 inch water main with associated valves and water services at a cost of$38,295.00, as itemized on the attached. In addition, Linden & Sons has provided us a cost of$5.00/Lin. Ft. to supply, install and maintain a 4 foot high snow fence along the railroad tracks as stipulated by Mr. Ted Bissen, General Manager for Illinois Railnet during our preconstruction meeting of August 16,2004. The cost associated with the fence is$7500 for approximately 1500 feet in length. The total amount of Change Order No. 1 will equal to $45,795.00. This additional cost can be considered part of the Infrastructure Participation Fee paid by developers to extend the sanitary interceptor system. Should you have any questions or require additional infoimation,please contact the undersigned. Very truly yours, WALT R E. 1EUCHLER ASSOCIATES, INC. P.' ppei '��'.reau, P.E. PFM/mw Encl. cc: Ralph Pfister, YBSD, w/Encl. Brent Schepp, w/Encl. • Water Works and Sewerage • Buildings and Structures • Design and Construction • Streets and Street I ivhtinP • Invnctio,tinnc anrd Ronnrtc • P,.,-, ,-f Fi.,�.,. .. CHANGE ORDER Order No. 1 Date 08-26-04 Agreement Date: NA1VIE OF PROJECT: HYDRAULIC AVENUE INTERCEPTOR OWNER: UNITED CITY OF YORKVTT LE CONTRACTOR: H. LINDEN & SONS SEWER & WATER, INC. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: Original CONTRACT PRICE: $ 1,847,778.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 1,847,778.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (dccrcascd) by: $ 45,795.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 1,893,573.00 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: Philippe F. Moreau, W.E. Deuchler Assoc. • �_M_�� Accepted by: H. Linden & Sons Sewer & Water Inc. _A Approved by: Federal Agency Approval (where applicable) CHANGE ORDER NO. 1 08-26-04 1. Watermain Relocation (East of Rt. 47) 515 Lin. Ft. 8" DLP Cl. 52 Wateimain @ $65.00 per lin. ft. $33,475.00 2 Each 8" Gate Valve @ $2200.00 each $ 4,400.00 20 Lin. Ft. 1" Water Service Relocation @ $21.00 per lin. ft. $ 420.00 $38,295.00 2. Security Fence along Railroad Tracks 1500 Lin. Ft. 4 Foot High Snow Fence @ $5.00 per lin. ft. $ 7,500.00 TOTAL AMOUNT CHANGE ORDER NO. 1 $45,795.00 UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r tt 11 From: Joe Wywrot, City Engineer Subject: Well#7 Wellhouse and Treat nt Facility—Change Order#3 Date: September 2, 2004 Attached find one copy of proposed Change Order#3 for the referenced project. This change order, which is for a time extension only, is for delays related to review of electrical equipment sizing and Corn Ed's schedule for getting power to the site. The contract completion date would be extended 40 calendar days, with a new completion date of December 10, 2004. I reco s.- , •. _•. •t- • • - . -. 'lease place this item on e Public Work ommittee agenda of September 27, 2004 for consideratio . p:46.1„.7 Cc: Liz D'Anna, Deputy City Clerk • 1974 2004 52 Wheeler Road • Sugar Grove, IL 60554 � TEL: 630 / 466-9350 ter,"� FAX: 630 / 466-9380 Engn orireg Ers$arprsses, www.eeiweb.com Inc. 30 YEARS OF EXCELLENCE August 31, 2004 Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Contract C.7 -Water Well No. 7 Well House and Treatment Facility United City of Yorkville Kendall County, Illinois Dear Mr. Wywrot: Please find enclosed three copies of Change Order No. 3 for the above referenced project. As discussed, the Change Order includes provision to add 40 days to the contract completion date to account for time lost associated with electrical equipment and service delays. The contract completion date would be December 10, 2004. Upon review and City Council action on the Change Order, please have the appropriate City official sign the Change Order in the location identified and return two sets to my attention. If you have any questions or comments with regard to this matter, please do not hesitate to call me at 630/466-9350. Respectfully submitted, ENGINEERING ENTERPRISES, INC. OV(- Timothy P. Farrell, P.E. Project Manager TPF/me Enclosures pc: JWF, ARD, DSS - EEI G:\Public\Yorkville12003\Y00311 Contract C.7 Well No.7 Well House&Treatment Facility\Construction\DocUcofyo07.doc Consulting Engineers Specializing in Civil .Engineering and Land Surveying CHANGE ORDER Order No.: 3 Date: August 26, 2004 Agreement Date: December 26, 2003 NAME OF PROJECT: Well No. 7 Well House and Treatment Facility OWNER: United City of Yorkville CONTRACTOR: Poulos Construction Company The following changes are hereby made to the CONTRACT DOCUMENTS: ➢ Increase Contract Completion Date by an additional 40 calendar days to December 10, 2004. - Justification: ➢ The increase in the Contract Completion Date is to allow for time lost due to electrical equipment size issues in the Control Room of the Water Treatment Plant and potential delays from off site electric service to the site. Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 1,655,000.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 1,678,212.23 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (de-sr-eased)assed) by: $ 0.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 1,678,212.23 • C0-01 CHANGE ORDER Page 2 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decd) by 40 calendar days. The date for completion of all work will be December 10, 2004. Approvals Required: To be effective this order must be approved by the agency if it changes the scope or objective of the PROJECT, or as may otherwise be re ired by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: �.� Poulos Construction Company Recommended by: / Engineering Enterprises, Inc. Accepted by: United City of Yorkville CO-02 �.. Cl7. J� odihated 'uo# J P , 800 Wam.�earirni RawlEST.IN '-"7.7----_,:___ 1836 0 � , .� 0Woitkatte,, J1�ii�rtota, 60560 ••*, �`� 630/553-8545 4LE o4 etotni i a o#ge 946tettichr, ban rrtee/trruf4a4ida U 630/553-8528, FacC' 630/553-3436 \., ir juaooa/etc .eh Ma' 7 0 o Lisa Pickering BATE:E: Thursday, September 30, 2004 RL Historical Street Names, Bio of approved names Here's the bio's of the three newly-approved street name nominees: William D. Thomas Mr. Thomas was a teacher his entire career. He aided over 2000 Kendall &Kane County residents in acquiring their G.E.D. certificates. Mr. Thomas was the founder of"Operation Chicken Coop", which involved the collection of discontinued textbooks from area schools, and distribution to children and schools in underprivileged countries throughout the world. He did this at his own expense. Mr. Thomas passed away in 2002. Lewis C. Riley Mr.Riley repaired sewing machines in Yorkville and the surrounding communities for over thirty years. After retirement, Mr. Riley spent his time driving senior citizens into Chicago for medical care. He also assisted with Hometown Days. Mr. Riley is deceased. Esther F. Riley Mrs. Riley was a teacher in Yorkville her entire career, first as a substitute, then full time in 1965. She received the"Teacher of the Year" award one year in the 1970's. Mrs. Riley was an electoral judge for over twenty years. She was active in the Women's Club, Fox Valley Players, Garden Club, and was one of the original committee members of the Hometown Days. Mrs. Riley is deceased. UNITED CITY OF YORKVILLE To: Tony Graff, City Administra or From: Joe Wywrot, City Engineer Subject: Caledonia Watermain Easeme Date: September 14, 2004 Attached find one copy of the proposed watermain easement through the Caledonia property owned by Inland. This easement is necessary to allow construction of the Route 47 watermain to the north water tower. The easement through Caledonia has been revised to follow the proposed alignment of future streets. This document has been signed by Inland, and now needs to be approved by the City Council before recording. Please place this item on the Public Works Committee agenda of September 27, 2004 for consideration. Cc: Liz D'Anna, Deputy City Clerk GRANTOR'S PROPERTY A TRACT OF LAND LOCA IED IN SECTION 17, TOWNSHIP 37 NORTH,RANGE 7 EAST OF HETHIRD PRINCIPAL MERI(IIAN,KENDALL COON['(,II 19015.BOUNDED AND DESCRIBED AS FOLLOWS_ CUMIAENCIN- AT THE NOR1110051 CORNER 01 THE NORTHEAST QUARTER OF SATO SECTION 17; I NCE EASTLRLT, ALONG THE NORTH ONE OF THE NORTHEAST QUARTER OF SAID SEC DON 17, A DISTANCE OF 70.00 FFET TO THE POINT(1F BEGINNING OF 111E HEREINAFTER DESCRIBED TRACT OF LAND, THENCE CONTINUING EASTERLY, RI050 SAID NORTH LINE ON A STRAIGHT LINE E%TEIFSI AN OF THE LAST DESCRIBED COURSE, A UST ONCE OF 822.02 FEET, //�+�\ EASEMENT THENCE SOUTHERLY, Al OF-IS A LINT PARALLEL 0171 THE EAST LINE OF TI-1E WLST HALF OF THE NORTHEAST[WRIER OF SECTION 17 495.19 ,AT AN ANGIE OF OH 1 1 ■ �I,L� NT ALONGDECREES 25 A LINE INuTES 57 PARALL EL WilliSECONDS THE NOHTIIA SINESD OF THE NORTHEASTE QUARTERAF OFTHE ()F SAID SECTIOT NS 17COARSE,AN ANGLE DISTANCE 88 OF 25EIMIND IESTHENCE 5]ESECONDS AS GRANT fir/ br Vv MEASURED CLOCKKISE FROM TINE LAST CIESCRIOEO COURSE,A DISTANCE OF 440.00 FEET TO A POINT ON THE EAST LINE OF TIIE WEST HALF OF THE NORTHEAST • FOR QUARTER OF SAID SECTION 17; THENCE SOUTHERLY, ALONG THE EASTLINC OF TIIE ILLST HALF OF THE EAST HALF OF SAID SECTION 17, AT AN ANGLE OF 88 Rf�M e DECREES 25 MNUIES 5%SECONDS AS MEASURED COUNTERCLOCKWISF FROM RIE LAST DESCRIBED COURSE A DISTANCE OF 2059 IN FEET TO A PONT ON DIE • T E 1 \I V I/ \I N NORTHERLY LINE OF A TRADE THF LAN0 011001I-ED T(1 1(AJAIONO£ALTH EDISON C(IIAPANY AND RECOHIIED AS DOGIIMENT NO. 74-2917. T HENCE LOUTHK£SIERLT WA ALONG SAID NORTHERLY LINE. AT AN ANGIE OF 1115 DEGREES 42 MNLITFS 24 SECONDS AS MEASURED COUNTERCLOCKWSE FROM 111E LAST DESCRIBED COURSE A DISTANCE OF 704.13 FEET THENCE NOHTIIERI Y. ALONG A LINE PARAl1EL KI TIi THE WEST LINE OF TIIL NIII1TITEAST QUARTER 1(4 SAID SECTION 17 AT AN ANGLE'OF 74 OF 1291,1B FEEI: TO THE wE STERL3'ALONGNAL FSJE PARALLEL 01 26 MINUTES 9111 THES AS LINES OF TIE ONORD IEASTKQUSARTER(OHI SAIDA SECTION DESCRIBED7AT COURSE.ANGLE DISTANCE01' 271 DEGREES 25 MINUTEST 21 CE SECONDS AS MEASURED COUNTERCLOCKWISE FROM 111E LAST DESCRIBED COURSE.A DISTANCE OF 57500 FEET. THENCE NORTHERLY, ALONG A II E PARALLEL UNITED CITY O F YO R KV I L L_E 10TH THE WEST LINE OF THE NORTHEAST'WAVER OF SAID SECTION 17,AT AN ANGLE OF 88 DEGREES 34 MINUTES 39 SECONDS AS REASONED CLAN IERCLOCKWISE I-HOW IBE LAST DESCRIBED COURSE, A DISTANCE OF 2235 00 FEET T(1 111E POINT OF BEGINNING.CONTAINING 78.390 ARES,MORE OR LESS. ALSO THAT PART OF DR EAST HALF OF SECTION 17 AND THE 10S111ALF OF SECTION IN. 10ISH11P 37 NORM,RANGE %EAST OF THE THIRD PRINCIPAL. KENDALL COUNTY ILLINOIS MERIDIAN.KENDALL COUNTY,ILLINOIS DESCIIOE AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 17; THENCE WESTERLY ALONG THE T NORTH LINE OF SAID SECTION 17, A DISTANCE OF 133202 FEET TO THE.NORTHWEST CORNER OF THE EAST HALF OF DIE EAST HALF OF SAID SECTION 17; THENCE SOUTHERLY ALONG INE WEST TINE OF SAID EAST HALF AT AN ANGLE OF 91 DEGREES 31 MINUTES 04 SECONDS AS MEASURED CLOCKWISE ER014 THE LAST DESCRIBED COURSE. A DISTANCE OF 1350.35 FEET TO TIIE POINT OF DE-GINNING OF THE THEREINAFTER DESCRIBED PARCEL OF LAND; THENCE SOUTHERLY CONTINUING ALONG SAID KEST LINE:,A DISTANCE OF 2004.00 FEET, TO THE NORTHERLY UNE OF TRACT OF LANA CONVEYED TO COMMONWEALTH EDISON (: COMPANY ANO RECORDED AS DOCUMENT N(,. 75-17 5 THENCE NORTHEASTERLY AI ONG SAID NORTHERLY LINE Al-AN ANGLE OF 74 DEGREEScli I]MINES 36 ; E SECONDS AS MEASURE CI OCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 1855.65 FEET, TO THE WESTERLY RI GILT-OF-WAY LINE OF STATE ROUTE . D. 47; • THENCE NORTIHWESTERLY AI ONG SAID WES IERLY RIGHT-OE WAY LINE AT AN AN5LF OF 57 DEGREES 35 MINUTES II SECONDS AS MEASURED CI OCKOASE FROM THE LAST DESCRIBE°COURSE,A DISTANCE OF 292.46 FEET, THENCE NORTHWESTERLY CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY UNE AT AN ANGIE OF 106 DEGREES 38 MINUTES 58 SECONDS AS MEASURED CLOCI(IISE FROM THE LAST DESCRIBED COARSE,A DISTANCE OF 302.26 FEET; THENCE NORTHWESTERLY CONTINUING ALONG SAID'NESTERI.Y RIGHT-OF-WAY INC AT AN ANGLE OF 173 DEGREES 21 MINOTEL 02 SECONDS AS MEASOAED CLOCKWISE FROM THE I AST DESCRIBED COURSE.A DISTANCE Al 64997 FEET TO 111E BEGINNING OF A CURVE. AS SIIDWIJ ON PLAT OF DEDICATION RECORDED IN DEED RECORD 77 AT PAGE 621, THENCE NORTHWESTERLY CON-INLAND ALONG SAID WESTERLY RIGHT-OF-WAY LINE AS SAID LINE IS CURVED CONCAVE 10 NORTHEASTERLY,HAVING A RADIUS OF 9487-00 FEET AND AN IIJTERNAI_ANGLE OF 1 DEGREE 55 MINUTES 50 SECONDS, AT AN ANGLE TO THE CHORD OF 180 ` DEGREES 57 MINUTES 55 SECONDS AS MFASl1REli CI.00KNASE FROM THE LAST DESCRIBED COURSE AN ARC DISTANCE OF 319,65 FEET. 10 THE SOUTH LINE OF W FISHER'S SUBDIVISION; THENCE WESTERLY ALONG SAID SOu111 LINE. AND THE EXTENSION THEREOF AT AN ANGLE OF TUT DECREES 01 MINUTES 37 SECONDS AS WEASII RED Cl OCKVASE FROM 111E LAST DESCRIBED CHORD, A DISTANCE OF 1471.36 FEET TO DIE PGNT OF BEGINNING,CONTAINING 67.230 ACRES, MORE DR .)---HE LESS. ALSO THAT PART OF THE OF THE EAST HALF OF SECTOIJ 17, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL.MERIDIAN, KENDALL COUNTY, 11011015,DESCRIBED AS FUTONS: COMMENCING AT RIE NORTHEAST CORNER OF SAID SECTION 17. THENCE WESTERLY AL LING THE NORTH UNE OF SAID SECTION 17,A DISTANCE OF 1265.99 FEET. TO THE POINT OF BE uNNING OF THE LIEREIFIAFTER DESCRIBED PARCEL OF LAND; THENCE WESTERLY C(INDNUING ALONG THE NORTH LINE OF SAID SECTION 17,A DISTANCE OF 66.03 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE EAST HALF OF SAID SECTION 17, THENCE SOUTHERLY ALONG TETE WEST FINE OF 50111 EAST HALF AT AN ANGLE OF 91 DEGREES 34 MINUTES 04 SECONDS AS MEASURED CLOCKWISE FROM 111E LAST DESCRIBE COURSE. A NSTANCE OF 1350.35 FEET; THENCE EASTERLY AT All ANGIE OF 68 DEGREES 52 MINUTES 19 SECONDS AS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 66.01 FEET; THENCE NORTHERLY AT AN ANGLE OF 91 DEGREES 07 MIND TES II SECONDS AS MEASURED 1.)'-1) -118/'32'22 E I CL OCKWSE FROM THE LAST DESCRIBE COURSE,A 11101ANCE OF 1350.45 FEET, TO THE POINT OF BEGINNING, 36.01' SCALE-l'"=IOC P.0.0. PERMANENT WATERMAIN EASEMENT PARCEL B PARCEL A I -N87'32 22 E F-C,, THAT PARI OF TT-TE EAST HALF OF SECTION 17. TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS. 30.01' 507'32'22"w (o SSDrned) \ COMMENCING Al THE NORTHEAST CORNER OE SAID SECTION 17, THENCE S0UM HI DEGREES 32 MINUTES 22 SECONDS WEST(9Yart1OM)AI ONG THE NORTH 1296.00p (-(8� 9 I1 LINE OF SAID SECTION 17, 1332.02 FEET FOR THE POINT OF AlGINNING; THENCE NORTH 87 DEGREES 32 MINUTES 22 SECONDS EAST ALONG SAID NORTH _ LINE, 36.01 FEET; THENCE SOU-111 DO DEGREES 53 MINUTES 30 SECONDS EAST, 713.93 FELT; THENCE SOUTH 89 DEGREES 07 MINUTES 20 SECONDS WEST, -_��RNEiL-S_f2�HB -� �-E� � / CAROL FEET, THEME IMTI souR1 ll DECREES 0 FEET AND 40 SECONDS BEA EAST. 373.03 FEET TO A POINT OF C25 VSECOE; THENCE SOUTHWESTERLY Al DNG A // l�J FA \, CURVE 10 THE RIGHT WITH RADIUS OF 77.OU F(ET AND CHORD BEARING SOUTH 20 DECREES 45 MINUTES 25 SECONDS WEST,AN ARC DISTANCE OF 58.15 (i� (----- NRONRT 1 LINE OF TELE NORTH �.Y`-_� FEET. THENCE SOUTH 40 DEGREES 00 MINUTES 48 SECONDS FAST, ]06.29 FEET TO THE WEST LINE OF TOT 24 IN YORKN1LLE BUSINESS CENTER UNIT ]; EAST OUARIR SECTION 17-37-9 ______.-- 17:16 _ THENCE SOUTH 00 DECREES 53 MINUTES 30 SECONDS EAST, ALONG SAID WEST(.INE 2899'1 FEET 10 THE NORTH LINE OF CafJMERCIAL ORI Vk; THENCE --RD,6,1/' I SOUTH 47 DEGREES 38 MINUTES I)SECONDS WEST. ALONG SAID NORTH LINE 6484 FEET, THENCE NORTH 02 DEGREES 21 MINUTES 47 SECONDS WEST, 1500 FEET; THENCE NORTH 87 DEGREES 38 MINUTES 13 SECONDS EAST, 5522 FEET; THENCE NORM 00 DEGREES 53 MINUTES 30 SECONDS WEST,254.71 FEET; THENCE NORTH 40 DEGREES 08 MINIITI.5 40 SECONDS WEST, 335.19 FEET TO A NON TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO :1NK1 PARCEL- A I THE LEFT KITH RADIUS OF 57.00 FEET AND CHORD BEARING NOR III 29 DEGREES 32 MINUTES 24 SECONDS EAST. AN ARC DISTANCE OF 60.52 FEET TO A ST POINT OF TANGENCY; THENCE NORTH 00 DEGREES 52 MINUTES 40 SECONDS WEST, 393.03 FEET; THENCE NORTH 89 DECREES 07 MINUTES 20 SECONDS TY,IL 60539 EAST, 159.89 FEET; THENCE NORTH DO DEGREES 52 MINUTES 40 SECONDS WEST, 198.75 FET; THENCE SOUTH 87 DEGREES 32 MINUTES 22 SECONDS WEST, -002 15.79 FEET TO DIE WEST LINE OF FIFE EAST HALF OF THE EAST HALF OF SECTION 17 THENCE NORTH 00 DEGREES 53 MI NUIES 30 SECONDS WEST,ALONG SAID WEST LINE, 49500 FEET TO THE PONT OF BEGINNING IN THE TOKNS{IP OF BRISTOL,KENDALL COUNTY ILLINOIS- O O/el 0 / X17` I J\ ',l - F- - k3 PARCEL TEMPOFFARY CONSTRUCTION EASEMENT S N �f\S / I O PARCEL B'. ~I U TAT 3\ p THAT PART OF THE EAST HALF OF SECTION 17. TOWNSHIP 37 NORTH,HANGS 2 EAST OF THE TTIIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: O("I (O h COMMENCING Al THE NORTHEAST CORNER OF SAID SECTION 17- THENCE SOUTH 87 DEGREES 32 MINI)TES 22 SECONDS WEST(aswrrl ed)ALONG THE NORTH Jam' PARCEL A o\t`"1 LINE OF SAID SECTION 17,1296.00 FEET FOR THE POINT OF BEGINNING: THENCE NORM 87 DEGREES 32 MINUTES 22 SECONDS EAST ALONG SAID NORTH Q :•)\O`O LINE, 30.01 TO A LINE 60.00 FEET EASTERLY OF(os measured rorrtal to)AND PARALLEL WI Ill THE WEST LINE OF THE EAST HALF OF THE EAST HALF O o SAID SECTION 17 THENCE SOUTH 00 DEGREES 53 MINUTES 30 SECONDS EAST ALONG SAID PARALLEL UNE, 780.76 FEET; THENCE ��O �0\ Vni SOUTH 89 DEGREES 07 MINUTES 20 SECONDS WEST, 144.57 FEET. TIHENCE SOUTH OD DEGREES 52 MINUTES 40 SECONDS EAST, 327.03 FEET TO A POINT 1-5-,c_.? '' Z OF CURVATURE; THENCE SOUTHERLY ALONG A CORVE 10 DIE RIGHT WITH RADIUS OF 123.00 FEET AND CHORD BERING SOUTH ID DECREES 56 MINUTES 47 UITL> �.\ __-30 SECONDS WEST,AN ARC 01 SIANCE OF 50.77 FEET, THENCE.5011TH 40 DECREES 08 MINUTES 48 SECONDS EAST,244.93 FEET 10 SAID PARALLEL UNE OI "- THENCE SOUTH 00 DEGREES 53 MINUTES 30 SECONDS EAST ALONG SAIO PARALLEL LINE, 24.05 FEET TO THE NOR 1H LINE OF LOT 24 IN YORKVILLE OF U \\``j BUSINESS CENTER UNIT 3; THENCE SOUTH 97 DEGREES 58 MINUTES 49 SECONDS WI ST ALONG SAID NORTH UNE, 17.78 FEET TO TIE NORTHWEST CORNER 1-CI \ OF SAID LOT 24, -BENCE SOUTH 00 DEGREES 53 MINUTES 30 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 24, 26.53 FEET; 'THENCE NORTH 40 36'-_/ DEGREES 08 MINUTES 48 SECONDS WEST, 3116.29 FEET TO A NON TANGENT CARVE, THENCE NORM{ERLY ALONG A CURVE TO THE LEFT 141011 RADIUS Of 011-3 1187'32'22"E 17.00 FEET AND CHORD NEARING NORTH 20 DEGREES 45 MINUTES 25 SECONDS EAST, AN ARC DISTANCE OF 58.15 FEET TO A POINT OF TANGENCY; 4 _ 11J..59AT&T THENCE NORTH 00 DECREES 52 MINUTES 40 SECONDS WEST, }1].U}FEET, THENCE NORTH 99 DEGREES 07 MINUTES 20 SECONDS EAST, 160.56 HET. z L --3O.On AT&I EASEM ENI THENCE 90010 DO DEGREES 53 MINUTES 30 SECONDS WEST, 713.93 FEET TO THE POINT OF BEGINNING.IN BRISTOL TOWNSHIP,KENDALL.COUNTY,ILLINOIS r- THE TEMPORARY CONSTRUCTION EASEMENTS DESCRIBE ROVE SHALL EXPIRE SFPIEMBER 2, 2005 OR 60 DAYS ELLOVANG RECEIPT OF THE NEPA `V A OPERATING PERMIT FOR IRE ASSOCIATED WATER MAIN_ WHIC.IIEVER IS SOONER. 3 - - -_ -- OWNER'S ONNER'S CERTIFICATE STATE OF ILLINOIS ) 1`in ),s I 0- w, COLJNT0 DF DuPAGE) I I I J l\ TEAS IS TO CER-RFT THAT THE UNDERSIGNED.INLAND LAND APPRECIATION FUND.LP.,A /'\ DELAWARE I.TED PARTNERSHIP,IS THE FEE SIMPLE OWNER Of THE PROPERTY DESCRIBEO 1 - - I - L - -- 1,L LAND. GRANTOR'S PR PROPERTY SHOWN HEREON, AND THAT SAID INLAND LAND APPRECIATION L o r//'`\7 FUND,LP FOR AND IN CONLLDEH ATION OF$1.00(ONE DOLLAR)AND OTHER GOOD AND ,1/ \ VA115RLE CONSDERAl10N RECEIPT OF WITCH IS HEREBY ACKNOWI EDGE.HEREBY GRANTS 589'07'20"W TO THE UN11EO CITY OF YORKVIILt ILLINOIS THEIR RESPECTIVE LICENSEES,SUCCESSORS ANTI ASSIGNS JOINTLY AND SEVERALLY, THE NON-EXCLUSIVE"PERMANENT AND TEMPORARY 59.89 EASEMENTS DESCRIBED HEREON TO CONSTRUCT OPERATE MAINTAIN,RENEW,RELOCATE AND .-..... p' r/7'/77�T/ /.,\ REMOVE.1R0M TIME TO 119E WATERMAIN AND DIRER FACILITIES USED IN CONNECTION WITH ___ _ _ 1 Lt , .(t 4 SAID WA TERNIAIN TQGE1HO.W IR RIGHT OF ACCESS 10 THE SAME AND THE HIGHI 1141110 I��\16!!56'�\�\� TIRE (0 IIMf 10 TRIM OR RfMOYE T6EC3 F7USH€3 AMD SRPEIH03 RND TI)Cl ERIE Irl \N 89'07'20"E�\\ OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY BE REASONABLY REQUIRED LL\.�1-- \_ INCIDENT TO THE GRANT HEREIN GIVEN,UNDER,ACROSS ALONG AND UPON THE SORTIES OF V 144,.57 TIE PROPERTY DESCRIBED UNDER PERMANENT WATERMAIN EASEMENT r7/� 589'07'20"W THE GRAN TOR HEREBY RESERVES THE 1410117 TO CROSS OR OCCIIPY THE PERMANENT AND /,�{{! __ CNC PO.BOX 1746 PRIVATE DRIVEWAYS AND �r'1N VT TT_ LOMBAR2 ILLINOIS 60146 TEMPORARY EASEMENTS HEREIN GRANTED WITH PUBLIC STREETS, � 02-17_226-D09 FEE STAPLE LOTS AS MAY BE CREATED BY SUBDIVISION OF THE GRANTOR'S PROPERTY. THE mo\ I i�'/ GRANTOR FURTHER RESERVES DIE RIGHT 10 GRANT OTHER EASEMENTS WHICH CROSS OR !��r\1-'1)Y COINCIDE WTII SATO PERMANENT AND TEMPORARY EASEMENTS 1WIHCH TIIE USE OF WILL NOT O \ff.) L _I INTERFERE WINI THE EASEMENT RIGHTS HEREIN GRAN NFD. • -i /\ 111E TEMPORARY CONSTRUCTION EASEMENTS SHALL.EXPIRE SEPTEMBER 2 2005 OR 60 DAYS Ci FOLLOWING RECEIPT OF THE TEPA OPERATING PERMIT FOR THE ASSOCIATED WATER MAIN o o ., Er,bawl til /o.�Ha•14 S.I Wal A�.-+ Grµ..I.'..4 WHICHEVER IS SOONER aV:_En WrJ Rul J-E ul,s r V DATE AlAT OAK BROOK.ILLINOIS, THIS/ DAY OF424 __, 2004- I RAN o I�L=58_CH.ORG.=N20 45 25 E • C{PO.BOX 1246 6 o L-58-15' • TABARD.ILLINOIS. 60148 0 to i R=77-00 Qd • -17-201-DOW L --- /{/,f ` /// `yyr ,i . r 1�""_____ ,-._ t t'_d-__'"`/E,NESICIENT IN IDL LAND APPRECIATION ''' �% 2901 Au 1,.II ltl Road '{ CH.BRG=510'56'47"Yy C ooK Brook.Il. tiu5z1 („0.52 :\ _- L_5O./7 ___.._.-____.- - _ SECRETARY . K=57.0 \ ,�� R=123.00' - • I 'IN NOTARY CERTIFICATE ,,,---___\w STATE OF ILLINOIS) [�06-�r�., � 587'58'49"W )n �- '� o (`'''`'97-----: ;',. ,q' I -17.78' COUNTY of 0 I-AGE) x <9= • - O I 500"53'30"E 11-' • �--8. M.W 1 1 po,---i`� -24.05' I.114-1C-Art 104.\.. ..\ NOTARY Pueur„IN AND FDR SAID CONN rr AND STATE S'07.q _ <^ AFORESAID,DO HEREBY CERTIFY-THAT An 45g*C14_ Off' 3O-----_� Cat e L 4 flO1 ,PERSONALLY KNOWN ID ME 10 OE _ OFFICERS OF INLAND(ANO APPHEC ATION FUND LP AIJD 111E SAME PERSONS WHOSE NAMES -- _ -� - - - - o,•,��, „N, _-._ VOL SUBSCRIBED TO TIE FOREGOING INSTRUMENT, APPEARED BEFORE MF THIS DAY IN F PERSON AND ACK OWI EDGED THAT THEY SIGNED AND DELIVERED THE FOREGOING INSTRUMENT, `ten L .7„,:,-A- e`�4� pBUSIN vLINE CF ORKVT NOT Nil UIDI LL R 11 AS OFF CERS OF SAI❑ NLAND I AND APPRECIATION FUND,L.P, AS d' 26 53 !HEIR OWN FREE AND VOLUNTARY OCT AND THE FREE AND VOLUNTARY ACT OF SAID INLAND NI "11VV/AA1, BUSINESS CEA i= UNIT LAND APPRECIATION FUND,LP,FCR THE USES AND PURPOSES THEREIN SET FORTH. LOI�1 S00'S3 30'E C !` 1��` N I 1 O• I I I GIVEN UNDER MY HAND AND NOTARIAL"SEAL THIS ` DAY OF k4Vel� 2004_ T III • F• ��a1 500'53'30"E r OFf41 n ,,L1�G F n N n/A 288.82' - HALEYSHIM L. n I�NI t'I� 23 A. FI''' - ------L2.Q�{L- - Notary D V I� \/ 24 INOTARY PUBLIC Not PuLll SLeI I o•\ I 'I TEMPORARY CONSTRUCTION EASEMENT LMy Cnnun,ciLL E%(IIS0T4X32U08 Z ^1 \- PAFiciL A I I I ,N---. IV��I WEST UNE III III PARTE-C, NBT38'13'E I\,nf.SOF LOT 24 I I THAI PART OF THE EAST HALE Or SECTION 11, TOwNS1110 CITY ACC EP I A.NCF CERTIFICATE 58.01 O NORTH,RANGE 7 EAST( THE TARO PRINCIPAL • PARCEL C \%,3 ��--1187'.50'13"E Ct- MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THF SIATE OF IL11NO15 ) -55,22I I 1� - _--� CENTER UNIT THEENCE C LOT TIN YOEGREE BUSINESS L) J I I L�y� ID SER(11111 2, 011(0 0,500TH 87 DEGREES 38 MIND IES COUNTY OF KENDALL) 002'21'4/"W 1 - `' 13 SECONDS WfsT(ass,re8)ALONG THE NORTH LINE OF 15.()0 VCOMMERCI COMMERCIAL DRIVE SAID LOT 5,7-62 FEET FUR THE PDINI OF BEGINNING; APPROVED AND ACCEPTED BY THE UNI TED CITY OF-YORKVII.LE,ILLINOIS. IVT 1. F1 THENCE CONTINUING NOIR TH 97 DEGREES 38 MINUTES 13 SECONDS WE5T, ALONG SAID NORTH LINE, 40.00 FEET. THIS__"_DAY OF_ __ _ _ 2004. AND SUBJECT TO THE 587.38.13"W THENCE NORTH 2 DEGREES 21 MINUTES 47 SECONDS 4,4151, FOLLOYANC PROVISIONS IN CONSIDERATION OF 011E EASEMENTS HEREIN GRANTED. 111E 4() lI 64.84' l�1ii� - 40451 FEET; THENCE WORM 87 DEGREES 34 MINUTES 13 UNITED CITY OF YORKV1LLE HEREBY INDEMNFIES AND HOLDS HARMLESS.INLAND LAND SECONDS EAST, 59.01 FEET; THENCE NDRTt1 0 DEGREES 53 APPRECIATION FUND.I-.P,ITS SUCCESSORS AND ASSIGNS,FROM ANY AND ALL CLAIMS OF ___ _ 1 MINUTES 30 SECONDS WEST, 262.45 FEET TO DIE 0000SF R OISRIIPIION OF SERVICE ARISING OUT OF THE ACTIONS Of IRE CITY,ITS 3 \• , -- Y- I L SOUTHWESTERLY W£STEIILY LINE Of PERMANENT EASEMENT PARCEL.A AGENTS ON CONTRACTORS FROM WORK PERFORMED VA THIN TIIE EXISTING*191 EASEMENT T I D' \I�{� F I I MINUTES 48BED 1 SECONDS EA T ALLONN THASNCE G SAID SOUTHWfSIERI_S AN40 DEGREES 08 D TEMPORTHE IAIRY E ASEMETIES rN OTS THEREIN GRANTEHEREIN. THE T RAY BE RCSSED OR OCCUPII DY ACKNOWLEDGEs THAT THE H BYNPIIBLIC d'�10)�. ILINE 60.41 FEET, THENCE SOUTH 0 DEGREES 53 MINUTES SIHEETS,PRIVATE DPovEwAYS ANO/OR FEE SIMPE LIFTS AS MAY BE(TREATED BY t•� 0\r7 I I I 30 SECONDS EAST, ALU`05 THE WEST LINE OF SAID PARCEL SUBDIVISION Al TIIE GRANTOR'S PROPERTY. THE CITY FUI<TIEI<ACKNOWLEDGES THE 1'ENMS ZJ s I A, [54.71 FEET. THENCE SOUTH 6%DEGREES ]9 MINUTES OF EXPIRATION OF THE TEMPORARY CONSTRUCTION EASEMENTS AND THE GRANTOR'S • \I (� I 13 SECONDS WEST, ALONG TIIE NOR ONE OF SAID RESERVATION OF THE RICHT TO RANT 011TCR EASEMENTS WHICH CROSS OR COINCIDE WITH\^�; ONOCEI A 5522 FEET- THENCE SOUTH 2 DEGREES 21 SAID PERMANENT AND TEMPORARY EASEMENTS WHICH THE USE QE WILL NOT INTERFERE 3 ; MINUTES 47 SECONDS EAST ALONG THtE WEST LINE OF 144111 111E EASEMENT RIGHT$HEREIN GRANTED 9 _' I O SAID PARCEL A THE WEST LINE OF COMMERCIAL DRIVE \N.I; COQ 8 I AND IIIE WEST UNE OF LOT 8 IN YORK MLLE BUSINESS \N CENTER 1911 T 364.51 FEET TO THE POINT OF BEGINNING. pp\0J' IN BRISTOL TOWNSHIP KENDALL COUNTY,ILLINOIS, LOA1 NORTH LINE OF- N:. I I I 111E TEMPORARY C(1N5IIRUCIION EASEMENTS DESCRIBED Al CENTERLLE BUSINESS \\ P08 I I I ABOVE SHALL EIPT DIESEPTEMBER 2,OPER2005ATING GR WO OAFS MAYOR- - -- UNIT 2 15\\1\`I I FO LOWING RECEIPT OF TIE EPA OPERA PNC PERMIT FOR `� PARCEL C - THE ASSOCIATED WATEIB MAIN,WHICIHEVER IS SOONER I T-TEST. __ I IY _ \ J LL CITY CLERK Y 087'38'13'Wsryr 1 L - __- \_ __ _ _ _ _ 40.00' J -€ I I 19 STATE DF'IU MDIs) 6 PARK )SS YO • RKVILLF p`I INESS CENTER UNIT 2 COUNTY OF KONE) (THIS IS TO CER IIFY THAT EIJGINEE I4NG ENIERPRISLS.INC.HAS PREPARED o THIS GRANT OF EASEMENT AS SHOWN AY TILE ANNE)0-0 FI Al WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID PROPERTY,FOR THE USES m AND PURPOSES QUSCRIBED HEREIN. ALL DISTANCES 51010111 ARE IN FEET � LII AND OECIMAI S THEREOF. LIVEN UNDER Al HAND AND SEA,. Al'SUGAR :_,.----7,141_11.1"&,,l11,,__ GROVE,11UI401S .:77-..01'..,'"-. '.GJI II, o' F624 ,,Oz, I �; NSiNI,AL g TI115 7rU OAT OF Sr PTEMBEf1, 2(104. IA Engineering Enterprises, Inc. TDR :+ �� CIVIL ENGINEERS K LANE]SURVEYORS' - a T OIL ' • r 52 Wheeler Road S �*,01..,..„, /141 $11 C3ar Grove,(630 Illinois66- 60554 B PROFESSIONAL LAND SURVEYOR 12724 EXP. 11-70-04 ,1 PROJ. 1O0106 II IIAWLING]"_ Phone: (630) 466-9350 DWG 00010021 s F C' i .11 = UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer rr�-' Subject: Countryside Parkway Interceptor—II3 T Highway Permit &Resolution Date: September 16, 2004 Attached find one copy of the proposed IDOT Highway Permit application for construction of the referenced project. Also attached is the normal resolution that DOT requires to adopt prior to issuance of the permit. Please place this item on Public Works Committee agenda of September 27, 2004 for consideration. /0-3 trirv-a-rt—d%' 7)/7fr q2S41, ./1 7/P1 Cc: Dan Kramer, City Attorney Liz D'Anna, Deputy City Clerk wi Illinois Department of Transportation Highway Permit District Serial No. PMT308ac/L-9450 United City of Yorkville (We) do Walter E. Deuchler Associates 230 Woodlawn Avenue (Name of Applicant) (Mailing Address) Aurora IL 60506 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 North of Countryside Parkway. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, an eighteen (18) inch and a twenty-four (24) inch sanitary sewer and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify Steve Niemann, Field Engineer, Phone: 815-942-0351 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 Day of 20 Witness Signed Applicant 800 Game Farm Road 800 Game Farm Rnacl Mailing Address Mailing Address Yorkville, Illinois 60560 Yorkvil1P T11 ;nnic 6(156D 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: District 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 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. 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. The diameter of any bored hole shall not be more than one (1) inch larger than the outside diameter of the pipe. Boring of pipe over six (6) inches in diameter shall be accomplished with an auger and following pipe. Borings six (6) inches and under may be accomplished by either jacking or auger and following pipe method. 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. It is the applicant's responsibility for insuring that all requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and Public Water Supplies have been satisfied. pmt308/L-9450 RESOLUTION WHEREAS, the United City of Yorkville located in the county of Kendall, state of Illinois, wishes to construct a sanitary sewer line along 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 sanitary sewer 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, 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 .. L- t,E14 .i.., A, CITY OF YORKVILLE /. -,l, VArAli I WATER DEPARTMENT REPORT i1711 MONTH July 2004 WELLS 1 1 WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE NO. (FEET) (FEET) PUMP (FEET) (MILLION GALLONS) 3 1335 463 200 21.728 4 1393 542 190 16.982 TOTAL 38.710 El CURRENT MONTH'S PUMPAGE IS 2,344,000 GALLONS MORE THAN LAST MONTH ❑ LESS 8,584,000 GALLONS E MOSS THAN THIS MONTH LAST YEAR LESS DAILY AVERAGE PUMPED: 1,249,000 GALLONS DAILY MAXIMUM PUMPED: 1 ,978,000 GALLONS DAILY AVERAGE PER CAPITA USE: 130 GALLONS ' WATER TREATMENT CHLORINE FED: 474 LBS. CALCULATED CONCENTRATION: 1.5 MG/L FLUORIDE FED: 541 SBS. CALCULATED CONCENTRATION: 0, 'i1 MG/L ' WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY (EXPLAIN FLUORIDE : 2 SAMPLE(S) TAKEN CONCENTRATION : 1'05MG/L MAINTENANCE NUMBER OF METERS REPLACED: 10 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 NEW CUSTOMERS RESIDENTIAL 40 COMMERCIAL INDUSTRIAL/GOVERNMENTAL COMMENTS Main Breaker replaced at Rt 47 Booster Station , new Check valve installed Well 3, Breaker replaced at N. Tower RI di% CITY OF YORKVILLE • 1l I�ir/'1711I1fJ - 1 V,J4 jpiWATER DEPARTMENT REPORT P' ! - MONTH August 2004 azgalt WELLS , WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE NO. (FEET) (FEET) PUMP (FEET) (MILLION GALLONS) 3 1335 463 205 16.905 t a 1393 542 185 15.904 L TOTAL 32.809 5,901,000 Ll MORE CURRENT MONTH'S PUMPAGE IS GALLONS THAN LAST MONTH LESS 2,087,000 GALLONS D MORE THAN THIS MONTH LAST YEAR i] LESS DAILY AVERAGE PUMPED: 1,058,354 GALLONS DAILY MAXIMUM PUMPED: 1,694,000 GALLONS DAILY AVERAGE PER CAPITA USE: 110 GALLONS WATER TREATMENT CHLORINE FED: 450 LBS. CALCULATED CONCENTRATION: 1.6 MG/L FLUORIDE FED: 526 LBS. CALCULATED CONCENTRATION: 0. 36 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY (EXPLAIN FLUORIDE : 9 SAMPLE(S) TAKEN CONCENTRATION: 9 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 14 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 NEW CUSTOMERS RESIDENTIAL 49 COMMERCIAL 2 INDUSTRIAL/GOVERNMENTAL 1 COMMENTS Well 7 completed , phase 4 of Raintree on line , 8,310 gallons used for landscape at ne 000 III .. 4 02 - an - - - del It UNITED CITY OF YORKVILLE To: Tony Graff, City Administra or From: Joe Wywrot, City Engineer ( b: Subject: Grande Reserve—Plats of V ation and Easement Date: September 20, 2004 Attached find one copy each of a proposed plat of vacation and plat of easement for the Grande Reserve development. The plat of vacation is for a 5'-wide strip of an existing 30'- wide easement that extends from the Well #8 site to Mill Road. Fox Metro revised their Mill Road Interceptor alignment to run parallel to this easement. The exclusive easement that they require, however, partially overlapped an easement previously dedicated to the city. This Plat of Vacation reduces the width of the city easement by 5 feet. The remaining city easement is wide enough to accommodate future utilities. The Plat of Easement is for 15'-wide strip parallel to and immediately north of the city easement mentioned above. This easement is needed to allow for construction of the Well #8 sanitary sewer in the proper location. That sewer connects directly to Fox Metro's Mill Road Interceptor. The County Recorders signature block on both plats needs to be revised to state"County Recorder" at the signature line. On the plat of easement, the City Engineer signature block is not needed and can be crossed out. Other than these items, I recommend that these plats be approved. Please place these items on the Public Works Committee agenda of September 27, 2004 for consideration. Cc: Liz D'Anna, Deputy City Clerk Dan Kramer, City Attorney L P.I.N.: 02 11 4C0 005 PLAT OF VACATION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11.TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: OWNERSHIP CERTIFICATE COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MILL ROAD WIN THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 11:THENCE SOUTH 01 DEGREE 00 MINUTES 45 SECONDS EAST CN AN ASSUMED BEARING ALONG THE EAST /'_,,_, LINE CF SAID SOUTHEAST QUARTER OF SECTION 11 A DISTANCE OF 52.28 FEET TC A LIFE 50.00 FEET SOUTHERLY OF AND PARALLEL STA --� E 0r /o os- ' S WITH THE CENTERLINE OF MILL ROAD:THENCE NORTH 74 DEGREES 01 MINUTE 01 SECOND WEST ALONG SAID PARALLEL LINE A ,,�, ) $. DISTANCE OF 492.05 FEET:THENCE SOUTH 15 DEGREES 58 MINUTES 59 SECONDS 7IES1 7.13 FEET;THENCE SOUTH 70 DEGREES 38 COUNTY OF A�[jq., -__- ) MINUTES 03 SECONDS WEST 39.53 FEET TO THE PLACE OF BEGINNING:THENCE SOUTH 74 DEGREES 01 MINUTE 01 SECOND EAST CITY COUNCIL CERTIFICATE 8.64 FEET:THENCE SOUTH 70 DEGREES 38 MINUTES 03 SECONDS WEST 448.07 FEET:THENCE NORTH 36 DEGREES 21 MINUTES 11 THIS IS TO CER TIFY THAT �/ SECONDS WEST 5.23 FEET:THENCE NORTH 70 DEGREES 38 MINUTES 03 SECONDS EAS"443.15 FEET TO THE PLACE OF BEGINNING: STATE OF 1LVAN015 ) _l=gy�1^1YJLi//K �27i`!1—tf.._C__-_ AN SAID PARCEL OF LAND CONTAINS 0.0512 ACRE.MORE OR LESS,ALL IN KENDALL COUNT,ILLINOIS. COUNTY OF KENDALL 1 < ILLINOIS CORPORATION, IS THE FEE SIMPLE OWNER OF THE PROPERTY DESCRIBED IN THE FOREGOING SURVEYOR'S CERTIFICATE AND HAS CAUSED APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY dr THE SAME TO BE SURVEYED, AND PLATTED AS SHOWN HEREON FOR THE USES AND PURPOSES HEREIN SET FORTH AS ALLOWED AND PROVIDED //� �\ YORKVILLE.ILLINOIS. THIS__DAY OF zo__ FOR BY STATUTE, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE -T SAME UNDER THE STYLE AND TITLE THEREON INDICATED. / ' THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS //�� I .MAYOR SHOWN ON THIS FLAT FOR THOROUGHFARES, STREETS, ALLEYS AND / I PUBLIC SERVICES: AND HEREBY ALSO RESERVES FOR ANY ELECTRIC. GAS, // - CITY CLERK'S CERTIFICATE TELEPHONE, CABLE TV OR OTHER TELECOMMUNICATIONS COMPANY UNDER FR ANC'HISo AGREEMENT A'N THE UNITED CITY OF `(ORK MLLE THEIR I STATE OF ILLINOIS ) SUCCESSORS AND ASSIGNS, THE EASEMENT PROVISIONS WHICH ARE �V �� /� )I IS. / i� �J COUNTY OF KENDALL) STATED HEREON. A V / \ 1 /� / 2,------- --------- ...„....% -/ APPROVED AND ACCEPTED a5 THE MAYCF AND CITY COUNCIL OF THE UNITED CITY cr -----N-A.....---------...2._\ //// ------------- -NA.„....„.... .......„/" ''� YORKVILLE, ILLINOIS, RY ORDNANCE No _ DATED AT arrr__li/r e- 111.n� . THIS �A �/ / _ AT A MEETING Hero THIS __DAY of 20 _I�_ D A r OF � 2F0 t. A �/ ��q�-fG�v ------ -------1 SCALE: t" =100' --y Jam'` 0`"' /// /� / KENDALL COUNTY RECORDER'S CERTIFICATE • / 5-1111111.111.1.1111111..mTATE OF ILLINOIS I� // �� // / .... / 5 jMP,-2 FORK`/ILLE CEV TR AL LLC, .AN ILLINOIS LIMITED !i ABILITY COMPANY / �� - / ��/ 100 50 100 COUNTY OF KENDALL)-- — li ----r---- I/ �/ \ /� '19' THIS INSTRUMENT WAS FILED FOR RECORD IN THE RECORDER'S CORPORATION NAME _______-/- 2� / - / .--------<-_.__. / /' \ ...-/"--c. / OFFICE OF KENDALL COUNTY,ILLINOIS.ON THE 'JAY OF -� -,0.}8,0.x, J A.D.. 20 _AT O'CLOCx AND WAS • i� / // 3).53(-,. \ ` IN 7.-0','01'w RECORDED IN ROOK OF PLATS ON PAGE ADORES$ /LRC A� S 7401'01' E P�� / FtP 8 5a' ' v v /� /'/ HER% /�l�ta EJ, ,' = 4j/ ` I RECORDER OF DEEDS arc R,� _�‘ ',CLO 51,13 / �/ N NCP�1,aoP /� y`'��' \` `` rP.O.C. �' I n/ �\I\Cj�O ON3GU1N0 / yi'sy �; `rA3E4\` -`�T\ � V�� \vim 8U/t /// b,7{ .iry\�' , r -��- `.°,DI-,,K- `NE �o I 0150045'E CITY CLERK /-/ • TB, l PGO. `// E H9Tj9oy�yy S5r�r\`.\\ `73z1s36'S° '" )-2/NE `o\�`fX�-+\' /�/ ��o / oJa oSN �f�~03 N ` COUNTY CLERK'S CERTIFICATE i� �%/ N 36'21'11" W .1617-p,(If_ ` =� STATE OF ILLINOIS ) 5.23' 4,41,4 S "1 )95s.)50,Sou / o o L \ S.S. ///j II ,, ////,,aa�� /� / /', eo5'0 m >F,E c6-4L).L,Ne A"D RA / m COUNTY of KENDALL ) BY _��_ ��4 //� ,c"s p3 w y orM,L1 po4oL� T` 1 ILLINOIS, DO HEREBY CERTIFY THAT OHERE ARE UNTY RNO DELK OF ENOUENTNDALL COU I/ ��'// c rv`\` / /\ _�' /5 y1 � ��-`i GENERAL TAXES, NO UNPAID CURRENT ?AXES, NO UNPAID FORFEITED °T. .--. // - l" °' Li c, , TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAN �� O o h I-o INCLUDED IN THE PLAT HEREIN DRAWN- I FURTHER CERTIFY THAT I 0 0 i oN � HAVE RECEIVED ALL STATUTORY FEES IN CONNECTION WITH THE PLA, _ oi,' 1 o z HEREIN DRAWN. ATTEST: /� / '''1-- _. � oc zc;o' W¢� D� o � GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT , J°. QaN �v EN LLl o y itc Due c, y R c F 4-'6T,'''' q YORKMLLE, CC SECRETARY N/ /h 1'-'230,,,,Y007/,/,ry _P o,e, iF a Y 6 ILLINOIS, THIS DAY OF tel /�.'" , c v k -, w n w 20____ DOT �,N a _ 1 L, a.i- jl w v,-// /`V -No GCF Eq W U a e/ /? OaDpp sENr m c 2 U �_ 2/ /4, -�,'- '3 4 W 2 W N 90'00100" / //`L' ` `P F- Z s.u / / a NOTARY CERTIFICATE CD COUNTY CLERK 5 N 00.00100- wj 1 H $ ATE OF 30.00' 50U TH LINE OF II.NORTHEAST GUAR TER OF SECn ON' 1 -37-7 7' • �' y 11 12 - - (� , ) S.S. S 90'00'00' w _ / _ _ - - - - - - - T UI --73 r COUNTY OF ) LSD., _ - - _ _ _ _/_ _ _ -. _ _ _ \\ ' Q' A-L-+ -_ A NOTARY PUBLIC IN AND FOR I I THE COUNT' AND STATE AFORESAID, DO HEREBY CERTIFY THAT ` AND STATE OF ILLINOIS ) S.S. - �---�-�-- - COUNTY OF Du PAGE ) • WE, MIDWEST TECHNICAL CONSULTANTS, INC., PROFESSIONAL MPI-2 YORKVILLEY KNOWN CENTRALO ME TO BE THE PRESIDENT SECRETARYCOMPANY, DESIGN FIRM - LAND SURVEYING CORPORATION No, 184-002917, ASASI-H SHOWNABOVE, AELLC, AN ILLINOIS IS Y AND ACKNOWLEDGEDCK DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON WAS THAT ASABOVE, APPEARED BEFORE ME ANDD DAY DPREPARED FROM EXISTING PLATS AND RECORDS AND THAT SAID AS SUCH OFFICERS, THEY OIGPOD DELIVERED THE SAID PLAT IS A TRUE AND CORRECT REPRESENTATION THEREOF. ALL INSTRUMENT AND CAUSED THE CORPORATE SEAL TO BE AFFIXED THERETO AS THEIR FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY APPROVED & ACCEPTED DIMENSIONS SHOWN IN FEET AND DECIMAL PART THEREOF. ACT OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN SET FORTHUNITED CIN OF YORK GIVEN UNDER MY HAND AND SEAL IN RAPER MLLE. ILLINOIS. THIS . 3rd DAY OF SEPTEMBER, A.D., 2004. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _1L _ DAY OF BY: DATE: ,,SSE1,L WO I TITLE.___—__ i �)� STATE OF _T <<n0 0�. ---- RU SELL W. OLSEN, P.L.S. #2718 PROFLINCNS 1 . IL VICE PRESIDENT 1 0090508001OR ---- N ` n LICENSE EXPIRES 11/30/2004 N0.03SOAE. U 'y,aERVItf.�� 3 NOTARY PUBLIC ` _ V fJ ' '' STATE OF BRUCE A. BRUCKcLMEYER, F.L.S. }24.,01 ILLINOIS ----01-,-,:r\---- PRESIDENT 1/��.CFd!�� .....-. ..,n,nn.- .. an/n nn• S 'R PROPS S9DNAL JERSHIP CERTIFICATE PAT- OF AS /l ]T 02-11-400-005 E OF XJ1j LrLS ) S.S THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11.TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS, IT'' OF JQM ie ___ / COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MILL ROAD WITH THE EAST LT JE OF SAID SOUTHEAST QUARTER OF SECTION 11;THENCE CITY ENGINEER'S C E R-T I F I C A T E SOUTH 01 DEGREE 55 MINUTES 45 SECONDS EAST ON AN ASSUMED BEARING ALONG THE EAST LINE 0 r SAID SOUTHEAST QUARTER OF SECTION I1 A DISTANCE OF STATE JF ILLINOIS 1 IS TC CERTIFY THAT 52.28 FEET TO A LINE 50.00 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF MILL ROAD,THENCE NORTH 74 DEGREES 01 MINUTE S1 SECOND'NEST )S C _f0ro'zj//2_¢cutrtz(L4-L ANI ALONG SAID PARALLEL LINE A DISTANCE OF 492.05 FEET;THENICE SOUTH 15 DEGREES 58 MINUTES 59:;ECONDS WEST 7.13 FEET;THENCE SOUTH 70 DEGREES 38 000811 OF KENDALL 5I5 CORPORATION, IS THE FEE SIMPLE OWNER OF WE PROPERTY MINUTES 03 SECONDS WEST 482.68 FEET TO THE PLACE OF BEGINNING;THENCE SOUTH 70 DEGREES T8 MINUTES 03 SECONDS WEST 414.74 FEET;THENCE NORTH 21 IRIBED IN THE GFEGGNG SL'R VE YOB'S TER TIP.CATE AND HAS CAUSED DEGREES 45 MINUTES 50 SECONDS EAST 19.91 FEET; THENCE NORTH 70 DEGREES 38 MINUTES 03 SEI;ONDS EAST 397.05 FEE-:THENCE SOUTH 36 DEGREES 21 ( SET pSAME T D BE SURVEYED. AND FLA ITEC AS SHOWN HEREON FOR THE MINUTES 11 SECONDS EAST 15.68 FEET TO THE PLACE OF BEGINNING,SAID PARCEL OF LAND CONTAINS 0.1398 ACRE,MORE OR LESS,ALL IN HENIDALL COUNTY, H, JOE'W189OT,CITY ENCINEE FOR THE ANI TED CITY OF Y^v FK'A LLE, DO HEREBY CER'IF ILLINOIS C.AT THE REQUIRED IMPROVEMENTS HAVE SEEN INSTALLED OR 'HE REQUIRED AND PURPOSES HEREIN T FORTH AS ALLOWED AND ROVIDED GUARANTEE COLLATERAL HAS BEEN POSTED FOP THE CCMP'_ETION CF ALL REQUIRED BY STATUTE, ANO DOES HEREBY ACKINJWLEDCE AND ADOFT THE IMPROvEMENTS. UNDER. THE STYLE AND T TLE THEREON INDICATED. DATED AT YORKLFLLE,ILLINOIS THIS__--DAY OF 2003. 'UNDERSIGNED :HEREBY LED CA TES FOR PUBLIC USE THE LA.NIDS 'N ON THIS PLA' FOR THOROUGHFARES, STREETS, ALLEYS AND IC SERVICES; AND HEREBY ALSO RESERVES FOR ANY ELECTRIC, GAS, 'HONE_, CABLE T'/ OR OTHER TELECOMMUNICATIONS COMPANY 'UNDER CHISE AGREEMENT WITH THE UNITED CITY OF YORK LILLE, THEIR /...------ / N CITY ENGINEERESSORS AND ASSIGNS. THE EASEMENIT PROVISIONS WHICH ARE ------------- I .0 HEREON AT ��s01�� ta?iS THIS /// CITY COUNGIsL CERTIFICATE / STATE OF ILLINOIS ? - // ____1„____-- I3, COUNTY OF KENDALL) \\ // / ll, APPROVED AND ACGE°TED BY THE MAYOR AND CITY COUNCIL OF THE uNI TED CITY OF -- DA Y OF S lYcmbl5l 2On�! �` ``�` �- / / YORKMLLE. ILLINOIS.THIS DAY OF_ 2C__, `` �� / / / MAYOR TORKVIC_E CEI.'-PAL LLC, AN IL4'INOIS LIMITED LABILITY COMPANY �, ��\ ------ / // �/ CORPORATION NAME ,_ -� i \� ------._._..:"------____,_____--- SCALE, \` '/ / / CITY CLERK'S CERTIFICATE \� y �+ �, lJ ..SALE. ''BOG STATE OF ILLINOIS 2__/__V—c-':"7- fig yrl -_/jy/ ESca.� _ �" �\ / / ,� / ouNTY OF KENDALL i ADDRESS // — / / 1 /� // / // 100 50 100 APE'RO VED ANO ACCEPTED BY 7NE MA'fOR AND CITU COUNCL OF i1E JNITEC i;!TY'OF ORKVILLE. 'nINDIS.BY ORDINANCE No___ _gyp' a'- Uit?oiS-_-__6Q..S��z �' - \� ----- �NL� / a D T— / / �/ `\1 ---------- --/--- T A MEE TANG HELI THIS DAR_ OF . 2G-- - N as ------ / G"�O��SO �`� a ��A,/l'�/"L'ruFc KENDALL COUNTY RECORDER'S CERTIFICATE �RL�V PGO,gV ' 15'Sd'S9' } V/` `mak co, Fr.O.l . STATE OF ILLINOIS r1 S.S. /� /` CN / \ COUNTY OF KENDALL) / '/ _________:Rs / \ // / /'// ' I 5 '_ " \`�`'C'r\rN ,:•-7 �� `� THIS INS'RUMEN WAS FLED FOR RECORD IN THE RECORDER'S l / S 36'21'11" E 5N� 1 ,�Ec .,9, � � / r 01'DDA5" oFFIc£OF KENDALL COUNTY,ILL Nc!s N THE GAY OF / /� -------- // 15.68' w a %< Ls °s7�'os �� 7-1:,2 z_= o To ocLocK M AND wAs / / / / ,iv9D%La90 �2. -7` �� `� o-��uk�:J I'IY g661Y_ OF PLATS ON PACE __ Et -------- / ��"�Bqi�2 D'ct u ek / / ,,_ - • �� ii 0}.E y -T-3,t unlf S `\ l ^ �I \ RECORDER of DEEDS _ . j�//j///� //7 8p3 �_-'�f� .. \ h�a}o �� `o_G I"r�rNCun'EacvOF l � --- -- x'�--. f l�3'US�f w �� EVTERLNEAND�„ i\ -7 J� - / - N i� �C4 .n oo p m r MALL R"([c'L o\ . ------------ N 2145 50" �� \N 4_'�', -o �� 4. °o F RD<,D� o J `�a 1 _, �" s �� - - CIT`! CLERK o BC�� P. .B.^ SECRETARY 19..,1" �i�i �p'3 'moo 1 _ 91� 'a © c 4 H\ COUNTY CLERK'S CERTIFICATE rr, G W Z n /' l� tL 2, y z z oz� ? Z STATE OF ILLINOIS ) `� Z z n ,r�H.,:Tr,o G 'I r, }' ,S ry" VT�� L'ST, W p j COUNTY OF KENDALL ; DB / PFc L/C TO -K /lc '"a�2CTTt-„A 'G ! a 4m wG a I, COUNT' CORK F KENDALL 'SOUND A R Y CERTIFICATE `U• / a 000 UR,/, • o �� B' = 3 Y Jr, ILLINOIS, DC HEREBY CER T.F`l THAT THERE ARE VO AEL,N GU ENT tH Cc a„ 3 W o W GENERAL TAXES. NO UNPAID CURRENT TAXES NG UNPAID FORFEITED -'/ > sQagaac s r c^ O z ".5 Uo �_ ICLODEDNIN THED NO FLATREDEHEREIN DRAYNMABLE TAX �EI S AURTHER CERTFY HAGAINST ANY OF THE T I LA,NC CF --Lk-L---1°-___ ; _/ / `�y CC HAVE RECEIVED ALL STA TU TOR" TEES IN „ONNEC`'CN `WITH TSE PL>T S.S. l Try C' Z 3� -R 4 W z W HEREIN DRAWN.N 9oDD'oo' / / L,o H Z • TY CF ) 523f'\'l / DY 53 11 GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK Al r / ED P1 YORKMLLE, ' y et .s- -L-� , A NOTARY' PUBLIC ;N AND FOP AL 5 :CUNT RNID STATE AFORESAID, DO HEREBY CERTIFY THAT / - I_ ILLINGIS. THIS DAY OF _ ____ ,N 00'00'00" 30.00'I - - - - - - 2G_ 7 Z SOUTH LINE OF ME NORTHE 5T QUARTER OF SECTION 11-37-7 • A 2p= . ND 'I, FS 90.00'00' W • CO / --- - - - --- �4 �3 --- - - J 2NALLY KNOWN TO ME TO BE THE PRESIDENT ANG SECRETARY OF YORKVILLE CENTRAL LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, • COUNTY CLERK 'OWN ABOVE, APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED ". AS SUCH OFFICERS, THEY SIGNED AND DELIVERED THE SAID ' STATE OF ILLINOIS 1 JMENT AND CAUSED THE CORPORATE SEAL TO BE AFFIXED THERETO . THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE ASH SIX ENTER UPON EASEMENTS ) S.S. HEIR FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND T. RIGHT TO CUT, TRIM. OR REMOVE COUNTY OF Du PAGE ) IF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN SET UNITED CITY OF YORKIALLE ANY TREES, SHRUBS OR OTHER PLANTS'1THw THE AREAS 0 ucNATED AS'PUBLIC UTILITY AND i. DRAINAGE EASEMENT'WHICH INTERFERE WITH THE CONSTRUCT N.INSTALLATION, WE, MIDWEST TECHNICAL CONSULTANTS. INC., PROFESSIONAL EASEMENT PROVISIONS RECONSTRUCTION.REPAIR, REMOVAL,REPLACEMENT,.MAINTEII E AND OPERATION OF 'HEIR UNDER MY HAPIG AND NOTARIAL SEAL THIS, ilk___ GAY OF UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS SRI FACILITES APPURTENANT THERETO. DESIGN FIRM - LAND SURVEYING CORPGRA.TI ON No. 184-002917, PUBLIC UTILITY AND DRAINAGE EASEMENT NO PERMANENT BUILDINGS, STRUCTURES,OR OBSTRUCTIONS S E,L BE CONSTRUCTED 18,UPON, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON WAS A NON-EXCLUSIVE EASEMENT�5 HEREBY RESERVED FOR AND GRANTED TO SBC.AAE41TECH. OR OVER ANY AREAS DESIGNATED AS PUBLIC UTILITY&SRA 'GE EASEMENT",BUT SUCH AREAS PREPARED FROM EXISTING PLATS AND RECORDS AND THAT SAID .MAY BE USED FOR GARDENS. SHRUBS, TREES.LANDSCAPING, iIVEWAYS.AND OTHER RELATED .� `0 O NNCOR,COM ED.JONES INTERCABLE. OTHER PUBLIC UTILITIES, AND HOLDERS OF EXISTING PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE SESUHEREIN DESCRIBED. PLAT IS A TRUE AND CORRECT REPRESENTATION T ERF. ALL FRANCHISES GRANTED BY THE CITY OF YORKLLE,ILLINOIS,AND THEIR RESPECTIVE SUCCESSORS I DIMENSIONS SHOWN IN FEET AND DECIMAL PART THEREOF ABS ASSIGNS 'MTHIN THE AREAS SHOWN ON THE PLAT AS"PUBLIC UTILITY A DRAINAGE THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMEN }:EREIN GRANTED AND RESERVED EASEMENT' (abbreviated P.U..4 O.E.)TO CONSTRUCT,INSTALL,RECONSTRUCT,REPAIR,REMOVE. FOR THE ABOVE NAMES ENTITIES BY EACH OF SUCH ENTITIES ''TALL BE DONE IN SUCH A GIVEN UNDER MY HAND AND SEAL IN NAPERVILLE, ILLINOIS, THIS \i-Y\ REPLACE,INSPECT.MAINTAIN AND OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION MANNER SO AS NOT TO INTERFERE WITH OR PRECLUDE THE C IUPATON AND USE THEREOF BY .318 DAY OF SEPTEMBER_AG., 2004. 'Y\ SYSTEMS AND LINES UNDER RHE SURFACE OF THE"PUBLIC UTILITY&DRAINAGE EASEMENT, OTHER ENTITIES FOR WHICH SUCH EASEMENTS ARE GRANTED I RESERVED. THE CROSSING AND *T1- -11-4-•�_ Q 1`-- INCLu01NS'WI TROUT LIMITA PON TO TELEPHONE CABLE,GAS MAINS,ELECTRIC LINES,CABLE RECROSSING OF SAID EASEMENTS 8Y THE AROSE NAMED ENTI ;SHALL BE DONE IN SUCH A NOTARY PUBLIC TELEVISION LINES,AND ALL NECESSARY FACILITIES APPURTENANT THERETO, TOGETHER'18TH THE DMANER SO ISTR BUTONAS NOT TOAIN FACILITIES APPUR AGE,ORTSI ER INY TRANSMISSION AND :: ,/,,;;',T,--33:w. RIGHT OF ACCESS THERETO FOR THE PERSONNEL ANO EQUIPMENT NECESSARY AND REQUIRED FOR lISTNG WITHIN THE EASEMENTS SUCH USES AND PURPOSES AND TOGETHER`MTH THE RIGHT TO INSTALL REQUIRED SERVICE BEING CROSSED OR RECROSSED.NO USE OR OCCUPATION OF D EASEMENTS BY THE A60VE (, ,..2 c STATE( CONNEC TONS UNDE�4 THE SURFACE of EACH LOi TO SERVE IMPROVEMENTS THEREON. NAMED ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OR WE i OR CHANGE THE SURFACE --- -- � � ILLIN04 DRAINAGE PATTERNS. RUSSELL W. OL$EN, F.L$.'r{2?1B gOFE551t A NON-EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY AREA OF EASEMENT VICE PRESIDENT LANA SURV F�F'S'ALIjL,SEAL"' FOLLOWING ANY WORK i0 BE PERFORMED 9Y THE UNITED CIT' YORKVILLE IN THE EXERCISE OF Lr OF YORK LLE. ILLINOIS TO CONSTRUCT.INSTALL,RECONSTRUCT,REPAIR, REMOVE,REPLACE ANDLICENISE EXPIRE$ 11/30/2004 N0.035-00 ,MARGARET A DUDEKITS EASEMENT RIGHTS HEREIN TNG BUT,SAID CITE SHALL HAI ' ,T ATION.TION WITH RESPECT TO 6 SQ ± NOTARY INSPECT FACILITIES FOR THE TRANSMISSION ERN AND DISTRIBUTION OF-PUBLIC WATER, STORM SEWERS.S.AND SURFACE RESTORATION,AVE INCLUDING BUT NOT UNITED i0,THE I dR BBER REPAIR OR 36 1 6O SO FT , vEv rC STATE OF ILLINOIS SANITARY SEWERS,WITHIN THE AREAS SHOWN ON THE PLAT AS'PV6UC UTDTY k DRAINAGE REPLACEMENT OF PAVEMENT,CURB,CUTTERS, TREES,LAWN C ARUBBERY, PROVIDED, HOWEVER, � I �HRERVIL Al CAt..0,1 on Explrev,5r262C07 EASEMENT', TOGETHER'8TH A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT THAT SAID CITY SHALT_SE OBLIGATED FOLLOWING SUCH MAIN- INCE WORK, TO BACKFILL AND 0 . 8301 AC. ± _ _ NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES. , MOUND ALL TRENCH CREATED SO AS TO RETAIN SUITABLE OR I AGE. TO COLD PATCH ANY RUSE ' - ASPHALT OR CONCRETE SURFACE, TO REMOVE ALL EXCESS DE I AND SPOIL,AND TO LEAVE -.:A��-, :. ." EF 9 THE MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKM. E CONDITION. ��.--.:�LI,IE'�� /� JA • BRUCE A. BRUCKELMEYER P.L.S. ,724'8 �� STATE CI PRESIDENT Lni+oHs I PROFESSSIO LICENSE EXPIRES 11/30/2004 I 1�;e1MIN' uinWFCT • . , SO'R.O.W. Land Use Summary 1M,,. P PARCEL i 0 : ELEMENTARY le/fir T 040411 ew e ,,° L • Land Use f Acreage % of Total Acres Density Units &L -•'r. Y ! Residential-Condominium 41.4 ac. 7.1 % 16.0 du/ac 662 '*' ,' ''' , .' '1'`' ''.� Residential Townhome i .�; �R+•u+ , 94.8 ac. 16.2 % 9.0 du/ac 853 t, Residential Single Family t TOWNNO165.4 ac. 28.3 % 2.95 du/ac 488 PSL 3 IS MIN Center 3.6 ac. 0.6 % _ ME _. . 10.9 AC. •i i t '. Elementary School 19.0 ac. 3.3 % STREET ' ' Parks 7.6 ac. 1.3 % EXTENDS INTO WATER J � I-.PI fes,iT� c' Regional Detention/Open Space 233.8 ac. 40.1 % ROUTE 47 h TOWUI •r Right-of-Way 17.9 ac. 3.1 % 'S r, PARCEL 4 • - ' ;, t000 co 141411+ �`f, ....-.4 .• , Total Gross Acres .583 5 ac. 100.0 % 3.43 du/ac GROSS, 2,003units ,`.,� �� I PARCEL 6 1' - - PRODUCTLOCATEALWESTERN e r ., ; ' SPICES EASILY HIGHER DENSITY •� •'�'' s f 62A AC. I/ N3 Lett . •vJ "k, y 2.03 Ou4a ppi PORTION OF LAND WITH CLOSE .s • (IOGAD END';WITH; PROXIMITY TO ROUTE 47 & r r 1 0 CPEk SPACE COMMERCIAL DEVELOPMENT rj PARCEL 7 Y • , a' E ,_'"4" NORTHGATE 6 COMOOMNIIM '.. - 1141111111110 SHOPPING F 22.3 AC. PARCEL e r _ { REGIONAL DETENTION s. , CENTER ey OPEN SPACE X - �} ' Tae AC. a •. AND A ." �" • am- V* PARCEL 6 , o i k. .,,. TOW/0406E '. '..:.• - 23.6 AC. y'' l£I - t, -, Y � c _ ' '/-1_,T.,‘ i. PARKSCOLLECTOR CTOR ROAO . . >4'1'.... • �i y �: ?Iwo F + r I ' 'S' f'7! ? 1. r a .•n'�Il�i,;.' ' " 30 x�. 6 5 <w�� -' e `K 47 x ', . / t LOCATE AMENITY CENTER AT _�?�` • PARK LOCATED AT END OF ' ' s # PRIMARY ENTRY u ` :• .�• a r. L . ! .! .�, NEKIMORHOOD ENTRY ROAD ' i t •tea. k PARCEL b • '+,�� •� 3, ¢ # Tow3 AC. 1 i ., • ' 07 1 '� ', 20.7 AC. s • • s • ' ; 34 r .1 _ t 1111.,1 • PARCEL 11 v� ,. 9-.. . '. ` 4- ' d"'V SINGLE FAMILY - ,41:1115:1.-,. • - 64.0 AC. • - W s PARK LOCATED AT ••�°„ic a d:',� 160 lots ' • 1 • •.......•r�'• 2.%Oahe PARCEL tZ Li.l.•,,, .. , 1- PROPERTY BOUNDRY TO + •► REOKMAL DETENTION G,1 '. 150.0 AC. • St,. . M ry • ALLOW FOR FUTURE34 0 .` EXPANSION !. ,,;,r CC g.tt PARCEL 13 FUTUSE " - LL V ' HISINGLE AC. COMMERCIAL US Ion lir"st� i 2.96 OWo ... t„ �+ • CENTEX HOMES 2205 POINT BLVD., STE. 200 ## k •, ELGIN, IL 60123 2: :� ` PARCEL 14 .� 4 ... m TOWNiOME • I,,, -$' '*'•` fps' C ... kF s 221 AC. , At c11NOR TH e � f = n 4fl BO(' sea t . n .wviofill _ � fi s BRISTOL BAY SEC Planning Consultantsr CONCEPT PLAN Date: 8, 2004 ,I« «',�,tNN,>v<:s1h1,(fN CENTEX HOM'=S SIEFYFILE r 0CJobs 040S-2 Txc■d,eSeptember ot, 2004 .,.n..11,0. t.. Base mapping compiled from best available Information.All map data YORKVILLE, ILLINOIS should be considered as preliminary.in need of verification and .•.:,..,,�,,: :,,,,, subject to change- This land pian is conceptual in nature and does not represent any regulatory approval Plan is subject to change N '_ 4ug . 25. 2004 8: 40AM No.5925 P. 2/2 STATE OF ILLINOIS ) Revised 10/13/99 ) ss Revised June 27, 2000 COUNTY OF KENDALL ) Revised May 5, 2004 Revised July 19, 2004 ORDINANCE NO. 2000- ORDINANCE AMENDING UNITED CITY OF YORKVILLE LANDSCAPE ORDINANCE NO. 99-18 SECTION 1: APPLICABILITY: -. - - - -_ . --- - - • •- . -•. .. _ posit et tree remote permit in all ren Vis,landscaping ancl-ttee-presefvatien shall be provided, as follows: 1. - „ __ . • _ . - -.. • -- -- - == - : Existing buildings: All lots which have buildings constructed upon prior to the date of this ordinance are exempt from the standards in this ordinance, except for any property which is being rezoned or which a special use is being requested. If a property is being rezoned or is being approved as a special use request, the following landscape standards shall apply: 1. Parkway Landscaping . . . . .. • . . . _ • :•••• •••; - - -.. • • - •.• •••: C011octor . - Colloctol 3. Tree Preservation development activity within this category aro as follows: ••. . ;••;•.• _ -•b! • --.• - • - tort..• . •.• I Aug . 23 . 2004 4:47PM No . 5906 P. 3/16 a. Parkway Landscaping b. Perimeter Landscaping Parking Lot Landscaping—for the purpose of this category,parking lot landscaping requirements shall apply only to the construction of the new portion of a parking lot and shall not apply to existing parking lots. d. Storm Water Storage Basin Landscaping—for the purpose of this category,storm water storage basin landscaping requirements shall apply only to the construction of the new portion of a storm water storage basin and shall not apply to existing storm water storage basins. 2. •- - -_ _ ::":- , - - . .. - .. . . .. . . . . - .• - .- -- - : For single family detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activitycategory are as follows: 1. Parkway Landscaping 2. Landscaping Adjacent to Primary and Secondary Arterials and Collector 2.3. Perimeter Landscaping 3.4. Parking Lot Landscaping 1.5. Lot Landscaping 5.6. Storm Water Storage Basins 6 7. Tree Preservation b. Existing Construction: The applicable landscape requirements for this 2. Perimeter Landscaping 5. Tree Preservation 3. For all other development, other than single family detached and duplex residential development: 2 Rug . 23. 2004 4:47N No. 5906 P. 4/16 c. New Construction: The applicable landscape requirements for this development activity within this category are as follows: 1. Parkway Landscaping 2. Perimeter Landscaping 3. Parking Lot Landscaping 4. Lot Landscaping S. Storm Water Storage Basin Landscaping 6. Tree Preservation SECTION 2: LANDSCAPE AND TREE PRESERVATION REQUIREMENTS: The following requirements in this section axe cumulative: 1. Parkway Landscaping: a. For all single family detached and duplex residential development, the minimum required number of parkway trees are as follows: Interior lots -one tree per lot. Corner lots -two trees per lot(one tree per side). All other lots- (such as parks and retention/detention areas) one tree per 50 lineal feet of frontage. b. For all development other than single family detached and duplex residential development,the minimum required number of parkway trees is one tree per 50 lineal feet of frontage. c. All parkways shall have minimum of 6 inches of good, clean, clump-free topsoil neatly leveled to uniform grade from the top of curb to the top of sidewalk after settling. Trees shall be planted within the public parkway between the curb and sidewalk able. d. All parkways shall have a good,thick stand of grass utilizing sod or seed per the IDOT specifications including fertilizing. The developer as covered by the required maintenance letter of credit will repair any settling of grass loss during the one-year maintenance period. The minimum gradient of all parkways toward the curb shall be 2% and the maximum shall be 8%. All areas shall be seeded or sodded and fertilized in an approved manner. Grass watering and mowing to a maximum height of 5 inches will be the responsibility of the developer through the one year required maintenance period after City acceptance. Parkways will be a minimum of 10 feet in width from the back of the curb to the front edge of 3 Aug . 23. 2004 4 :48PM No . 5906 P. 5/16 the sidewalk. e. No tree shall be planted closer than 30'of the right-of-way intersection. f. Trees shall have a minimum spacing of 20 feet from light poles, street signs, fire hydrants and any other such items that may, in the opinion of the Public Works Director,require similar intervals. g. Trees under wires are not to exceed 20 feet in height at maturity. h. Parkway trees shall be planted prior to the issuance of a certificate of occupancy. It shall be the responsibility of the developer or builder to properly water all newly planted parkway trees at the time of planting, and subsequently thereafter, to insure their survival for a period of one year after City Council acceptance of the public improvements. i. Only approved shade trees may be used as parkway trees. 2. Perimeter Landscaping: a. Non-residential adjacent to residential: Where a non-residential property is adjacent to residential property a 30' wide bufferyard shall be provided. The bufferyard shall consist of a berm or architectural masonry wall, at least 3' in height as measured from the property line. The bufferyard shall also consist of 2 shade trees, 5 evergreen trees and three ornamental trees per 100 lineal feet of bufferyard. b. Multi-family residential adjacent to single family detached and duplex residential: Where multi-family residential property is adjacent to single family detached or duplex residential a 30' landscape bufferyard shall be provided. The bufferyard shall consist of three shade trees, three evergreen and two ornamental trees per 100 lineal feet of bufferyard 3. Parking Lot Landscaping: All parking lots with ten (10)or more parking spaces, shall provide landscaping in accordance with the following: a. Interior Parking Lot Landscaping: 1. Interior Landscaping: One tree shall be provided for every 20 parking space and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians, which have a minimum area of 190 square feet and a minimum dimension 4 Aug . 23• 2004 4:48PN No • 5906 P. 6/16 of 10 feet. The landscape median shall be covered with shrubs, ground cover,turf or organic mulch. 2. Visibility: To ensure proper visibility within the parking lot, the branches of trees shall start no less than six feet (6') above the pavement and shrubs shall be maintained at a height of no greater than 30" above the pavement. b. Perimeter Parking Lot Landscaping: 1. When a parking lot, which is located on a non-residential property, is adjacent to another non-residential property, a 5' perimeter bufferyard shall be planted with two shade trees and fifteen shrubs per 100 lineal feet of bufferyard. 2. When a parking lot is adjacent to a public right-of-way, a landscape bufferyard shall be provided and shall be the width of the required parking lot setback or 30',whichever is less. The bufferyard shall consist of one shade tree, one evergreen,tree and thirty-three shrubs per 100 lineal feet of bufferyard. 4. Lot Landscaping: Lot landscaping shall be required for all developments other than single family detached residential and duplex developments in accordance with the following: a. Multi-family: Two canopy trees and 15 shrubs shall be provided for every four units. b. Non-residential: Two shade trees and 15 shrubs shall be provided for every 20,000 sf. of lot area. 5. Landscaping Adjacent to Primary and Secondary Arterials and Collector: Residential lots which back up to an Arterial or Collector as defined in the Yorkville Comprehensive Plan, shall provide a minimum 30' wide landscape easement running the full length of the residential lots. This easement shall be planted with 3 shade trees, 4 evergreens and 20 shrubs per 100 feet. 6. Storm Water Storage Basins Landscaping: A 30 foot wide bufferyard shall be provided around any storm water storage basin that has its high water line within the front or side yards of a lot. The 30' bufferyard shall be measured from the property line to the average elevation between normal water line and the high water line for retention basins and from the property line to the average elevation 5 Aug . 23. 2004 4: 4BPM No. 5906 P. 7/16 between the lowest basin elevation and the high water line for detention basins. The bufferyard shall be planed with 1 tree per 30 feet of bufferyard length. The bufferyard may be reduced to 10' wide. If so,the 10 foot bufferyard shall be planted with 2 trees per 30 feet of bufferyard length. 7. Tree Preservation: • _ : ._ • . . .-.. . . .. • - . . . _ 4" eeated therein. The following standards shall apply to all lots which are 5 acres or greater in area. No live tree(s) with a trunk diameter offour inches (4") or greater in diameter, as measured 5'from the ground, may be removed without first obtaining a tree removal permit from the City. ' a. Tree Removal Permit: The application for a tree removal permit shall be made to the Building Department _•- . • _ p . . Department?). The application shall include: 1. A Tree Preservation and Removal Plan. The plan shall include: a. A tree survey showing the location of all trees 4" or greater in diameter with 100' of any tree proposed to be removed, including a description of the trees, Botanical name, common name, caliper size and general condition or health of the tree(s) b. Delineation of trees to be removed and trees to be preserved c. Details and specifications or procedures to be used to protect trees being preserved d. Location, size and name of replacement trees 2. Tree Preservation and Removal Standards a. Every reasonable effort shall be made to retain existing trees shown on the tree survey through the integration of those trees into the site plan and landscape plan for a proposed development b. Grading and construction equipment shall be forbidden 6 Aug . 23. 2004 4 :48PM No . 5906 P. 8/16 prohibited from encroaching within,the drip line of a tree c. Crushed limestone hydrocarbons and other material detrimental to trees shall not be stored or dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivable affect the health of the tree d. Snow fencing or-other approved construction barrier shall be temporarily installed at the periphery of the tree's drip line e. - - . . . - _.. . .: - . • . - - - -- -- the-Gity: No grade changes shall be allowed under drip line of any trees designated for preservation f. To improve the survival rate of trees, root pruning and/or thinning should be performed in accordance with the Arboricultural Specifications Manual g. In the event that underground utility lines are proposed within five feet (5') of the trunk of a tree, then auguring of the utility line should be considered any may be required by the City 3. Tree Replacement Standards: a. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO BE REMOVED TREES 30 or greater 6 13-29 5 411- 1 8-12 4 4-7 2 b. In the event that a tree identified to be preserved is removed or damaged, such tree shall be replaced as follows: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO BE REMOVED TREES 7 Aug . 23 . 2004 4:49PM No . 5906 P . 9/16 30 or greater 12 13-29 10 11 12 8 8-12 8 4-7 4 c. All replacement trees shall have a minimum caliper of 2 '/2" and shall consist of the shade tree varieties listed in Section 3.8 Permitted Plantings d. If the tree(s) approved for removal is (are) dead, then no replacement tree(s) are required. 4. Approval Criteria: The City shall approve a tree removal permit application if one or more of the following conditions exist: a. The tree to be removed poses a safety hazard to persons or property b. The tree is substantially diseased or weakened by age, storm, fire or other injury c. The tree removal is in accordance with good forestry practice such as when a parcel of land will only support a certain number of healthy trees which is less than the number of existing trees on the parcel d. The tree removal is part of an approved overall landscape plan 5. Failure to Replace Trees: If replacement trees,which are required by the approved tree removal permit, are not planted within the time frame set out by the tree removal permit, the City may, at its option, replace the trees. All costs associated with purchasing and planting the replacement trees shall be charged to the owner or other person or entity causing the removal of the trees. SECTION 3: GENERAL STANDARDS 1. Landscape Plan: Prior to receiving site plan approval, a landscape plan shall be submitted to the City for review and approval. It is recommended that that prior to submitting a site plan or landscape plan, a pre-submittal conference be conducted to review the site plan implications and the standards of this Chapter. The 8 Aug . 23 . 2004 4:48PM No. 5906 P. 10/16 landscape plan shall contain the following information: a. The location and dimensions of all existing and proposed structures, parking lots, sidewalks, ground signs, refuse disposal areas, free standing electrical equipment, and other freestanding structural features. b. Name, location,right-of-way and pavement widths of abutting streets. c. The current zoning and land use'for adjoining properties and properties located across abutting streets. d. The location,quantity, size, and type (both botanical and common names) of all existing landscaping to be preserved and removed, and all proposed landscaping to be added. e. The location and contours, at one-foot (1') intervals, of all proposed berming and storm water detention/retention ponds. f. Specification of the type and boundaries of all proposed ground cover. g. Elevation and location of all existing and proposed fences. h. Location of all existing and proposed utilities and easements. i. Property line dimensions. 2. Quality: All trees shall be planted according to the minimum standards established by the American Association of Nurserymen. Plant material shall be grown in nurseries from the Central or Northern Illinois region. 3. Size: The size of plant material required by this ordinance shall be as follows: Shade Tree - 2 1/2 cal. measured 6" above grade Evergreen Tree - 8' height Ornamental Tree - 6'height Shrubs - 24" 4. Substitutions: For the purposes of providing flexibility in the landscape design substitutions may be allowed at the following rates: 1 Tree equals 2 Evergreen Trees 1 Tree equals 2 Ornamental Trees 1 Tree equals 20 Shrubs 9 Aug • 23. 2004 4: 48PM No . 5906 P . 11/16 5. A mixture of trees is required so that a maximum of 33% of the total amount of required trees should not be of the same species. 6. Alternative Methods of Compliance: Site conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the City's objectives can only he obtained through alternative methods. a. Requests for alternative methods of compliance may be considered by the City for any application to which the requirements of the Ordinance apply when one (1) or more of the following conditions are present: 1. Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification,written and graphic, to allow appropriate evaluation and decisions by the City Planner. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 10 Aug .23. 2004 4:48PM No . 5906 P. 12/16 7. Credit for Existing Vegetation: Credit shall be given for existing trees that are preserved. Each tree that is preserved which is greater than 3" caliper and is a permitted tree per section, shall be credited towards the required tree planting as mss:on a tree for tree basis. Other existing vegetation may be credited towards the required plantings subject to the review and approval of the City Planner. 8. Permitted Plantings: The plantings used to meet the requirements of this ordinance shall be selected from the follow list of approved plant material. Shade Trees Ash, Green Fraxinus pennsylvanica spp. Ash, White Fraxmnus americana spp. Coffeetree,Kentucky Gymnocladus dhioica Ginkgo Ginko biloba Backberry Celtis occidentialis Linden American Tilia americana spp. Linden,Littecleaf Tilia cordata spp. Linden, Silver Tilia tomentosa Maple, Black Acer nigrum Maple,Norway Acer platanoides spp. Maple, Red Acer rubru.m spp. Maple, Sugar Acer saccharum spp. Oak, Burr Quercus macrocarpa Oak, Red Quercus rubra Oak, Swamp White Quercus bicolor Oak, White Quercus alba Pear, Bradford"Cleveland select" Pyrus cahleiyana— Cleveland select Sycamore Platanus occidentahis Tuliptree Liriodendron tuhipifera Honey Locust Gleditsia tricanthos Evergreen Trees Fir, Douglas Pseudotsuga rnenziesii Fir, White Abies coneolor Pine, Austrian Pinus nigra Pine, Scotch Pinus sylvestris Pine, White Pinus strobus Spruce, Blackhills Picea glauca "densata" Spruce, Colorado Picea pungens Spruce,Norway Picea abies 11 Aug . 23. 2004 4:49PM No .5906 P . 13/l6 *Spruce, White Picea glauca Ornamental Trees Alder Alnus glutinosa Birch, River Malus spp. Hawthorne, Downy Craetoegus mollis Hawthorne, Washington Craetoegus phaenopynu, Hawthorne, Thom less Cockspur Crataegus crusgalli "inermis" Hornbean, American Carpinus caroliniana Lilac, Japanese Tree Syringa reticulata Magnolia, Saucer Magnolia souulangiana Magnolia, Star Magnolia stellata Redbud Cercis canadensis Serviceberry, apple Amelanchier grandiflora Serviceberry, Shadblow Amelanchier canadensis Shrubs Those species and varieties hardy to USDA Zone 5. Other plant material not listed may be allowed on a case by case basis as determined by the City Planner. 9. Completion of Landscape Improvements: All required landscape improvements shall be installed prior to the issuance of a certificate of occupancy. If landscape improvements are unable to be completed due to weather conditions which, in the determination of the City, are unfavorable for plant survival and growth,a temporary certificate of occupancy, valid for no more than six months, may be issued. 10. Replacements: The developer shall be responsible for replacing all required landscape improvements that die during a period of two years from the date of installation. The City shall use the bond to replace any plant material if the developer fails to do so within 60 days of notification by the City. After the two year period,the property owner shall be responsible for maintaining and replacing any required plant material that dies. 11. Appeals: Any applicant may appeal any decision of the City Planner to the City Council. The City Council shall review the applicant's appeal. a. Any appeal to the standards of this chapter may be considered by the City Council given the following conditions are present: 12 Aug . 23. 2004 4:49PM No .5906 P. 14/16 1. Topography, soil,vegetation or other site conditions axe such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification, written and graphic, to allow appropriate evaluation and decisions by the City Council. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality,effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 12. Severability: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence,paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Resolution shall not be affected thereby. 13. Repealer: Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON 13 Aug .23. 2.004 4:49PM No .5906 P. 15/16 VALERIE BURR ROSE SPEARS LARRY KOT THOMAS SOWTNSKI APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2000. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2000. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 14 Jul . 19. 2004 3 :32PM No . 5576 P. 21) 3 Draft Revised Landscape Ordinance Prepared by: Schoppe Design Associates,Inc. Date: May 5,2004 Revised: July 19, 2004 ORDINANCE NO. ORDINANCE AMENDING UNITED CITY OF YORKVILLE LANDSCAPE ORDINANCE SECTION I: APPLICABILITY: 1. Existing buildings: All lots which have buildings constructed upon prior to the date of this ordinance are exempt from the standards in this ordinance, except for any property which is being rezoned or which a special use is being requested. If a property is being rezoned or is being approved as a special use request, the following landscape standards shall apply: a. Parkway Landscaping b. Perimeter Landscaping c. Parking Lot Landscaping—for the purpose of this category,parking lot landscaping requirements shall apply only to the construction of the new portion of a parking lot and shall not apply to existing parking lots. d. Storm Water Storage Basin Landscaping—for the purpose of this category, storm water storage basin landscaping requirements shall apply only to the construction of the new portion of a storm water storage basin and shall not apply to existing storm water storage basins. 2. For single family detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity are as follows: 1. Parkway Landscaping 2. Landscaping Adjacent to Primary and Secondary Arterials and Collector 3. Tree Preservation 1 Jul • 19. 2004 3: 32PM No. 5576 P. 3/13 3. For all other development, other than single family detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity within this category are as follows: 1. Parkway Landscaping 2. Perimeter Landscaping 3. Parking Lot Landscaping, 4. Lot Landscaping 5. Storm Water Storage Basin Landscaping 6. Tree Preservation SECTION 2: LANDSCAPE AND TREE PRESERVATION REQUIREMENTS: The following requirements in this section are cumulative: 1. Parkway Landscaping: a. For ail single family detached and duplex residential development, the minimum required number of parkway trees are as follows: Interior lots -one tree per lot. Corner lots-two trees per lot (one tree per side). All other lots - (such as parks and retention/detention areas) one tree per 50 lineal feet of frontage. b. For all development other than single family detached and duplex residential development, the minimum required number of parkway trees is one tree per 50 lineal feet of frontage. e. All parkways shall have minimum of 6 inches of good, clean,clump-free topsoil neatly leveled to uniform grade from the top of curb to the top of sidewalk after settling. Trees shall be planted within the public parkway between the curb and sidewalk and trail as applicable. d. All parkways shall have a good, thick stand of grass utilizing sod or seed per the IDOT specifications including fertilizing. The developer as covered by the required maintenance letter of credit will repair any settling of grass loss during the one-year maintenance period. The minimum gradient of all parkways toward the curb shall be 2% and the maximum shall be 8%. All areas shall be seeded or sodded and fertilized in an 2 Jul . 19. 2004 3 : 32Pl No • 5576 P. 4/13 approved manner. Grass watering and mowing to a maximum height of 5 inches will be the responsibility of the developer through the one year required maintenance period after City acceptance. Parkways will be a minimum of 10 feet in width from the back of the curb to the front edge of the sidewalk. e. No tree shall be planted closer than 30'of the right-of-way intersection. f. Trees shall have a minimum spacing of 20 feet from light poles, street signs, fire hydrants and any other such items that may, in the opinion of the Public Works Director, require similar intervals. g. Trees under wires are not to exceed 20 feet in height at maturity. h. Parkway trees shall be planted prior to the issuance of a certificate of occupancy. It shall be the responsibility of the developer or builder to properly water all newly planted parkway trees at the time of planting, and subsequently thereafter, to insure their survival for a period of one year after City Council acceptance of the public improvements. i. Only approved shade trees may be used as parkway trees. 2, Perimeter Landscaping: a. Non-residential adjacent to residential: Where a non-residential property is adjacent to residential property a 30' wide bufferyard shall be provided. The bufferyard shall consist of a berm or architectural masonry wall, at least 3' in height as measured from the property line. The bufferyard shall also consist of 2 shade trees, 5 evergreen trees and three ornamental trees per 100 lineal feet of bufferyard. b. Multi-family residential adjacent to single family detached and duplex residential: Where multi-family residential property is adjacent to single family detached or duplex residential a 30' landscape bufferyard shall be provided. The bufferyard shall consist of three shade trees, three evergreen and two ornamental trees per 100 lineal feet of bufferyard. 3. Parking Lot Landscaping: AU parking lots with ten (10) or more parking spaces, shall provide landscaping in accordance with the following: a. Interior Parking Lot Landscaping: 3 Ju1 . 19. 2004 3: 32PM No. 5576 P . 5/13 1. Interior Landscaping: One tree shall be provided for every 20 parking space and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians, which have a minimum area of 190 square feet and a minimum dimension of 10 feet. The landscape median shall be covered with shrubs, ground cover, turf or organic mulch. 2. Visibility: To ensure proper visibility within the parking lot, the branches of trees shall stat no less than six feet(6') above the pavement and shrubs shall be maintained at a height of no greater than 30" above the pavement. b. Perimeter Parking Lot Landscaping: 1. When a parking lot, which is located on a non-residential property, is adjacent to another non-residential property, a 5' perimeter bufferyard shall be planted with two shade trees and fifteen shrubs per 100 lineal feet of bufferyard. 2. When a parking lot is adjacent to a public right-of-way, a landscape bufferyard shall be provided and shall be the width of the required parking lot setback or 30', whichever is less. The bufferyard shall consist of one shade tree, one evergreen tree and thirty-three shrubs per 100 lineal feet of bufferyard. 4. Lot Landscaping: Lot landscaping shall be required for all developments other than single family detached residential and duplex developments in accordance with the following: a. Multi-family: Two canopy trees and 15 shrubs shall be provided for every four units. b. Non-residential: Two shade trees and 15 shrubs shall be provided for every 20,000 sf of lot area. 5. Landscaping Adjacent to Primary and Secondary Arterials and Collector: Residential lots which back up to an Arterial or Collector as defined in the Yorkville Comprehensive Plan, shall provide a minimum 30' wide landscape easement running the full length of the residential lots. This easement shall he planted with 3 shade trees, 4 evergreens and 20 shrubs per 100 feet. 4 Jul . 19 • 20D4 3 :32PM No •5576 P . 6/13 6. Storm Water Storage Basin Landscaping: A 30 foot wide bufferyard shall be provided around any storm water storage basin that has its high water line within the front or side yards of a lot. The 30' bufferyard shall be measured from the property line to the average elevation between normal water line and the high water line for retention basins and from the property line to the average elevation between the lowest basin elevation and the high water line for detention basins. The bufferyard shall be planted with 1 tree per 30 feet of bufferyard length. The bufferyard may be reduced to 10' wide. If so, the 10 foot bufferyard shall be planted with 2 trees per 30 feet of bufferyard length. 7. Tree Preservation: The following standards shall apply to all lots which are 5 acres or greater in area. No live tree(s)with a trunk diameter of four inches (4") or greater in diameter, as measured 5' from the ground, may be removed without first obtaining a tree removal permit from the City. a. Tree Removal Permit: The application for a tree removal permit shall be made to the Building Department. The application shall include: 1. A Tree Preservation and Removal Plan. The plan shall include: a. A tree survey showing the location of all trees 4" or greater in diameter with 100' of any tree proposed to be removed, including a description of the trees, botanical name, common name, caliper size and general condition or health of the tree(s) b. Delineation of trees to be removed and trees to be preserved c. Details and specifications or procedures to be used to protect trees being preserved d. Location, size and name of replacement trees 2. Tree Preservation and Removal Standards: a. Every reasonable effort shall be made to retain existing trees shown on the tree survey through the integration of those trees into the site plan and landscape plan for a proposed development 5 Ju1 . 19. 2004 3 :33PM No •5576 P. 7/13 b. Grading and construction equipment shall be prohibited from encroaching within the drip line of a tree c. Crushed limestone hydrocarbons and other material detrimental to trees shall not be stored or dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivable affect the health of the tree d. Snow fencing or other approved construction barrier shall be temporarily installed at the periphery of the tree's drip line e. In the event that underground utility lines are proposed within five feet (5')of the trunk of a tree, then auguring of the utility line should be considered and may be required by the City 3. Tree Replacement Standards: a. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT 3'O BE REMOVED TREES 30 or grcatar 6 13-29 5 8-12 4 4-7 2 b. In the event that a tree identified to be preserved is removed or damaged,such tree shall be replaced as follows: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO BE REMOVED TREES _ 30 or greater 12 13-29 10 8-12 8 4-7 4 c. All replacement trees shall have a minimum caliper of 2 'A" and shall consist of the shade tree varieties listed under Permitted Plantings d. if the tree(s) approved for removal is (are) dead, then no replacement tree(s)are required. 6 Jul . 19. 2004 3: 33PM 14. 5576 P. B/13 4. Approval Criteria: The City shall approve a tree removal permit application if one or more of the following conditions exist: a. The tree to be removed poses a safety hazard to persons or property b. The tree is substantially diseased or weakened by age, • storm, fire or other injury c. The tree removal is in accordance with good forestry practice such as when a parcel of land will only support a certain number of healthy trees which is less than the number of existing trees on the parcel d. The tree removal is part of an approved overall landscape plan 5. Failure to Replace Trees: If replacement trees, which are required by the approved tree removal permit, are not planted within the time frame set out by the tree removal permit, the City may, at its option,replace the trees. All costs associated with purchasing and planting the replacement trees shall be charged to the owner or other person or entity causing the removal of the trees. SECTION 3: GENERAL STANDARDS 1. Landscape Plan: Prior to receiving site plan approval, a landscape plan shall be submitted to the City for review and approval. It is recommended that that prior to submitting a site plan or landscape plan, a pre-submittal conference be conducted to review the site plan implications and the standards of this Chapter. The landscape plan shall contain the following information: . a a. The location and dimensions of all existing and proposed structures, parking lots, sidewalks, ground signs,refuse disposal areas, free standing electrical equipment, and other freestanding structural features. b. Name, location, right-of-way and pavement widths of abutting streets. c. The current zoning and land use for adjoining properties and properties located across abutting streets. • 7 Jul . 19. 2004 3: 33PM No. 5576 P. 9/13 d. The location, quantity, size, and type (both botanical and common names) of all existing landscaping to be preserved and removed, and all proposed landscaping to be added. e. The location and contours, at one-foot(1')intervals, of all proposed berming and storm water detention/retention ponds. 1. Specification of the type and boundaries of all proposed ground cover. g. Elevation and location of all existing and proposed fences. h. Location of all existing and proposed utilities and easements. i. Property line dimensions. 2. Quality: All trees shall be planted according to the minimum standards established by the American Association of Nurserymen. Plant material shall be grown in nurseries from the Central or Northern Illinois region. 3. Size: The size of plant material required by this ordinance shall be as follows: Shade Tree - 2 1/2 cal. measured 6" above grade Evergreen Tree - 8' height Ornamental Tree- 6' height Shrubs -24" 4. Substitutions: For the purposes of providing flexibility in the landscape design substitutions may be allowed at the following rates: 1 Tree equals 1 Evergreen Tree 1 Tree equals 2 Ornamental Trees 1 Tree equals 10 Shrubs 5. A mixture of trees is required so that a maximum of 33% of the total amount of required trees should not be of the same species. 6. Alternative Methods of Compliance: Site conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the City's objectives can only he obtained through alternative methods. a. Requests for alternative methods of compliance may be considered by the City for any application to which the requirements of the Ordinance apply when one (1) or more of the following conditions are present: 8 Jul . 19. 2004 3 : 33PM No • 5516 P. 10/13 1. Topography, soil,vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification,written and graphic, to allow appropriate evaluation and decisions by the City Planner. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality;;, effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 7. Credit for Existing Vegetation: Credit shall be given for existing trees that are preserved. Each tree that is preserved which is greater than 3" caliper and is listed under Permitted Plantings, shall be credited towards the required tree planting as follows. Other existing vegetation may be credited towards the required plantings subject to the review and approval of the City Planner. CALIPER(INCHES)OF TREE TREES CREDITED TOWARDS TO BE PRESERYFJ) REQUIRED PLANTINGS 30 or greater 6 13-29 5 5-12 4 4-7 2 8. Permitted Plantings: The plantings used to meet the requirements of this ordinance shall be selected from the follow list of approved plant material. 9 Jul • 19. 2004 3: 33PM No: 5576 P. 11/13 Shade Trees Ash, Green Fraxinus pennsylvanica spp. Ash, White Fraxrnnus americana spp. Coffeetree,Kentucky Gymnocladus dhioica Ginkgo Ginko biloba Hackberry Celtis occidentialis Linden American Tilia americana spp. Linden, Littecleaf Tilia cordata app. Linden, Silver Tilia tomentosa Maple, Black Acer nigrum Maple,Norway Acer platanoides spp. Maple, Red Acer ruby im spp. Maple, Sugar Acer saccharum spp. Oak, Burr Quercus macrocarpa Oak,Red Quercus rubra Oak, Swamp'White Quercus bicolor Oak, White Quercus alba Pear, Bradford"Cleveland select" Pyrus calleryana—Cleveland select Sycamore Platanus occidentahis Tuliptree Liriodendron tuhipifera Honey Locust Gleditsia tricanthos Evergreen Trees Fir, Douglas Pseudotsuga menziesii Fir, White Abies coneolor Pine, Austrian Pinus nigra Pine, Scotch Pinus sylvestris Pine, White Pinus strobus Spruce, Blackhills Picea glauca"densata" Spruce, Colorado Picea pungens Spruce,Norway Picea abies Spruce, White Picea glauca Ornamental Trees Alder Alnus glutinosa Birch, River Malus spp. Hawthorne, Downy Craetoegus mollis Hawthorne, Washington Craetoegus phaenopynu, Hawthorne, Thorn less Cockspur Crataegus crusgalli "inerrnis" Hornbean, American Carpinus caroliniana 10 Jul • 19. 2004 3 : 33PM No. 5576 P. 12/13 Lilac, Japanese Tree Syringa reticulata Magnolia, Saucer Magnolia souulangiana Magnolia, Star Magnolia stellata Redbud Cercis canadensis Serviceberry, apple Amelanchier grandiflora Serviceberry, Shadblow Amelanchier canadensis Shrubs Those species and varieties hardy to USDA Zone 5. Other plant material not listed may be allowed on a case by case basis as determined by the City Planner. 9. Completion of Landscape Improvements: All required landscape improvements shall be installed prior to the issuance of a certificate of occupancy. If landscape improvements are unable to be completed due to weather conditions which, in the determination of the City, are unfavorable for plant survival and growth, a temporary certificate of occupancy, valid for no more than six months, may be issued. 10. Replacements: The developer shall be responsible for replacing all required landscape improvements that die during a period of two years from the date of installation. The City shall use the bond to replace any plant material if the developer fails to do so within 30 days of notification by the City. After the two year period, the property owner shall be responsible for maintaining and replacing any required plant material that dies. 11. Appeals: Any applicant may appeal any decision of the City Planner to the Zoning Board of Appeals for recommendation to the City Council. a. Any appeal to the standards of this chapter may be considered by the City Council when one or more of the following conditions are present: 1. Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 11 Jul . 19. 2004 3 : 33PM No• 5576 P . 13/13 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification, written and graphic,to allow appropriate evaluation and decions by the City Council. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in.other eases. 12. Severability: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable, If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Resolution shall not be affected thereby. 13. Repealer: Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 12 F` APPEARANCE CODE OBJECTIVES 1. The fostering of: i. Sound and harmonious design of new buildings and sites. ii. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project, its surroundings and the community, by giving encouragement, guidance and direction. iii. Better maintenance of properties through encouragement of preservation, upkeep, protection and care. iv. Greater public interest and enthusiasm in overall community beauty, appearance, cleanliness and order. 2. Establish standards for new construction and development with respect to, but not limited to, buildings, streetscapes and landscapes. II. APPLICABILITY C TY a) The provisions of this code shall apply to: i. building permits for new construction applied for after the execution of the ordinance, and/or ii. building permits for additions to existing buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s) are equal to 10% of the floor area or 200 sq ft, whichever is more and/or iii. when property is rezoned. h) The provisions of this code shall be deferred until . 2009, for lots located within the Fox Industrial Park. IIL PROCEDURES 1. The City Building Official, or his/her designee, shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance with this code, prior to the issuance of a building pellnit. Building permits shall only be issued upon authorization of the City Building Official. 2. Any appeals to this Code or the City Building Official's determination of compliance with this code shall be made in writing and submitted to the City Building Official. The Date Printed: 10/4/2004 Page 1 APPEARANCE CODE (Con't) City Building Official shall direct such requests to the Facade Committee who shall make a recommendation to the City Council. The City Council's decision shall be binding. 3. The Facade Committee shall consider the following points prior to providing the City Council with a written recommendation: a. Will the objectives outlined in Section I be met if the requested deviations is granted? b. Is there a particular physical condition of the specific property and/or building(s) involved that would create a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out? c. Will granting the requested deviation from these regulations be detrimental to to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? d. Will granting the requested deviation impair an adequate supply of light and air to buildings on the subject property or to the adjacent property? e. Will granting the requested deviation increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood? IV. CRITERIA FOR APPEARANCE 1. General a. Creativity and ingenuity in applying the standards and guidelines listed in this Code are encouraged. Likewise, ingenuity and creativity while considering deviations to the standards and guidelines of this Code are encouraged. 2. Landscape and Site Treatment The provisions of this section are meant to supplement the City's Landscape Regulations. All provisions of the Landscape Regulations are in full force. Where conflicts between the two regulations may occur, the more stringent requirement will apply. The following criteria shall be applied to non-residential development, multiple-family dwellings and residential buildings consisting of three or more attached dwelling units. Detached single-family residences and duplexes are exempt from this subsection. i. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utilitarian structures. Date Printed: 10/4/2004 Page 2 APPEARANCE CODE (Con't) ii. Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and/or enhanced. Modification to topography will be permitted where it contributes to good appearance and/or maintains/enhances the drainage of the property. iii. Grades of walks, parking spaces terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting. iv. Landscape treatment and spectacular effects (such as incorporating waterfalls, statues or monuments, or works of art, etc.) shall be provided to enhance architectural features, strengthen vistas, and provide shade. v. Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with adjacent developments. vi. Plant materials shall be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of good appearance shall be used. vii. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices. viii. Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings. Shrubs shall be used only where they will not obscure vision and will not require excessive maintenance. ix. Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged. x. Shade trees in parking areas or areas of extensive hard surfacing will be given special drainage considerations. They could be tiled, have curbs put around them and have the soil mounded up in the curbed areas. xi. Screening of service yards, and other places which tend to be unsightly, shall be accomplished by use of walls, fencing, planting, or combinations of these. Screening shall be equally effective in winter and summer. xii. In areas where general planting will not prosper, other materials such as fences, walls and paving of wood, brick, stone, gravel and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible. xiii. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. Maximum illumination at the Date Printed: 10/4/2004 Page 3 APPEARANCE CODE (Con't) property line cannot exceed .1 footcandles and no glare shall spill onto adjacent properties or right-of-ways. xiv. The provisions of the Ordinance in regards to bulk regulations, standards and off- street parking; relating to trees and shrubs; all other Ordinances, or portions of Ordinances, which directly affect appearance, shall be a part of the criteria of this sub-section. 3. Residential Single-family detached (1) Unless stated otherwise within this ordinance, no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building can not be similar in appearance to another residential building across the street from, or cattycorner from the newly constructed building. (3) A residential dwelling on a corner lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul-de-sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cul-de-sac. (5) For the purpose of this section, "similar in appearance" shall mean a residential building which is identical to another in any four or more of the following architectural characteristics: (a) Roof type (gable, hip mansard, gambrel, flat, combination). (b) Height of main roof ridge above finished grade of property. (c) Dimensions (height and length) and shape of the facades facing the front lot line. (d) Locations and sizes of windows, doors (including garage doors) and ornamental work on the facade facing a front lot line. (e) Type of facade materials (i.e.,brick veneer, lapped horizontal siding,half timber, board and batten, shakes, etc.) on the facade facing a front lot line. ii. Duplexes Date Printed: 10/4/2004 Page 4 APPEARANCE CODE (Con't) (1) In addition to the standards listed in Section IV.2.i above, Duplexes shall incorporate brick, stone, or split face brick. Brick, stone and/or split face brick shall be incorporated on at least 50% of the total building, as broken down as follows: The front facade(defined as that facade that faces a street that includes a main entry to the house) shall itself incorporate brick, stone and/or split face brick on at least 50% of the facade. Any other facade that abuts a street shall incorporate brick, stone and/or split face brick. The use of brick, stone and/or split face brick is encouraged on the remaining facades. iii. Single-family attached (other than Duplexes) and Multiple-family (1) The provisions of IV.2.i.(1)-(5) above shall also apply to Single-family attached (other than Duplexes) and Multiple-family buildings. (2) The building footprint of single-family attached and multi-family buildings can be the same. However, the facade treatments must vary between buildings that are adjacent to one another. Facade treatments may include building materials and colors. (3) Site planning in which setbacks and yards are in excess of the minimum zoning district requirements is encouraged to provide an interesting relationship between buildings. (4) Parking areas shall be treated with decorative elements,building wall extensions, plantings,beinis and other innovative means so as to largely screen parking areas from view from public ways. (5) The height and scale of each building shall be compatible with its site and adjoining buildings. (6) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (7) The architectural character of the building shall be in keeping with the topographical dictates of the site. (8) Brick, stone, split face brick and/or architectural blocks shall be incorporated on at least 50% of the total building, as broken down as follows: The front facade (defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate brick, stone, split face brick and/or architectural blocks on at least 50% of the facade. All other facades shall •- o - - , o- • - - .Any other facade that abuts a street shall incorporate brick, stone, split face brick and/or architectural blocks. The use of brick. stone, split facebrick and/or architectural block is encouraged on the remaining facades. Date Printed: 10/4/2004 Page 5 APPEARANCE CODE (Con't) (9) Pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack facilities are encouraged. (10) Common open space and outdoor seating areas are encouraged. 4. Non-Residential General Provisions (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, pedestrian movement, and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between buildings. (c) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view from public ways. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. (e) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (f) The architectural character of the building shall be in keeping with the topographical dictates of the site. (g) In relating buildings to the site, the provisions of the Zoning Ordinance in regard to bulk regulations, standards, and off-street parking shall be part of this criteria. This shall also apply to sub-section 2 which follows. (2) Relationship of Site to Adjoining Area (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens, site breaks, and materials. (b) Attractive landscape transition to adjoining properties shall be provided. (c) Harmony in texture, lines and masses is required. Monotony shall be avoided. Date Printed: 10/4/2004 Page 6 APPEARANCE CODE (Con't) (d) Buildings shall have similar scale to those in the surrounding area. ii. Building Design (1) Commercial, Office and Institutional Uses (a) Guidelines for sites that have existing buildings (i) The use of dissimilar materials and/or colors between the existing building and the addition(s) is prohibited. (ii) When a site abuts a county, state or federal highway, and when an existing building is modified per the standard outlined in Section II.a.2, the property owner shall be required, to the greatest extent possible, to meet the standards of Section IV. 3.ii. (1)(b) below for the entire building. (iii) When a site abuts a county, state or federal highway, and when an additional building(s) is placed on the site, the additional building shall match the architectural style of the principal building. (iv) If an additional building(s) is placed on the site, the additional building(s) shall, to the greatest extent possible, match the architectural style of the principal building. (v) Any additional building(s)placed on the site shall, to the greatest extent possible, match the materials and/or colors of the principal building on the site. (b) Guidelines for unbuilt sites (i) W:F' - : - -- `:-, -.. -. . -.' --; :- . `'.-ti : -. building.Brick, stone. split face brick and/or architectural blocks shall be incorporated on at least 50% of the total building, as broken down as follows: The front facade (defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate brick, stone, split face brick and/or architectural blocks on at least 50% of the facade. Any other facade that abuts a street shall incorporate brick, stone, split face brick and/or architectural blocks. The use of brick, stone, split face brick and/or architectural block is encouraged on the remaining facades. (ii) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Four-sided buildings (i.e., use of windows or the impression of windows on all Date Printed: 10/4/2004 Page 7 APPEARANCE CODE (Con't) sides of the building) and the utilization of a campus-style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development, to prevent monotony, and to improve the aesthetic quality of the development. (iii) Outlots shall reflect the style, materials, and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards (i.e., in teiuis of visual design materials and layout of the building), new outlot development proposals will be reviewed using the guidelines and standards contained in this document. (iv) Pedestrian scale features/amenities, such as solid-colored awnings, covered walkways, windows, street furniture, bicycle rack facilities and clearly defined entranceways are encouraged. (v) Common open space and outdoor seating areas are encouraged within commercial, office and institutional developments. (vi) The location of parking lots in a manner that is logical, safe and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (vii) The location of drive-through facilities, including drive-through lanes, bypass lanes, and service windows, adjacent to a public right-of-way are not desirable and are discouraged. (viii) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right-of- way. (ix) Loading bays for industrial uses may not be placed along the front of the building or the side(s) abutting a public right-of-way when there is a non-industrial use across from that facade. Otherwise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right-of-way. When loading bays are placed where they can be viewed from a County State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five (5) years of installing the landscaping it can be reasonably assumed that the bay doors will not be viable visible from the road. (b) Standards Date Printed: 10/4/2004 Page 8 APPEARANCE CODE (Con't) (i) All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (ii) Masonry facades shall not be painted. (iii) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial, office or institutional building is required. (iv) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate. (2) Industrial Uses (a) Guidelines (i) Brick, stone, split face brick and/or architectural blocks shall be incorporated on at least 50%o of the total building, as broken down as follows: The front fa ade defined as that facade that faces a street that includes a main entry to the building) shall itself incorporate brick. stone, split face brick and/or architectural blocks on at least 50% of the facade. Any other facade that abuts a street shall incorporate brick, stone. split face brick and/or architectural blocks. The use of brick, stone, split face brick and/or architectural block is encouraged on the remaining facades.Brick or other structure. Where pre-cast concrete panels or split-face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. (ii) Building entryways shall be clearly identified. Building components, such as windows, doors, eaves and parapets shall be in proportion to one another. (iii) The location of parking lots in a manner that is logical, safe, and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. Date Printed: 10/4/2004 Page 9 APPEARANCE CODE (Con't) (iv) Loading bays shall not be located in the front of an industrial structure or in the area abutting a public right-of-way. (b) Standards (i) Industrial buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (ii) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses, projections, windows or other ornamental/architectural features along at least thirty percent (30%) of the length of the facade abutting a public street in an effort to break up the mass of the structure. (iii) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (iv) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate. iii. Signs The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur, the more stringent requirement will apply. Wall signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. 5. Applicability towards Existing Buildings This code shall not apply to those buildings where siding is being replaced with similar siding materials. ii. This code shall not apply to existing residential accessory structures. iii. The standards in this code shall be pro-rated when being applied to additions to all principal buildings or major re-construction (i.e., 25% of the facade is Date Printed: 10/4/2004 Page 10 APPEARANCE CODE (Con't) removed and/or different type of facade material is used and/or if the size of windows/doors are being modified by more than 25%) done to non-residential or attached single-family or multifamily buildings. iv. Additions and/or major facade work shall be assessed on a cumulative bases (i.e., if a 10 percent modification is conducted at one time and later an another 10 percent medication is made, the cumulative impact is 20% and therefore a 20% compliance ratio is expected.) v. When property is rezoned, the property must comply with this code within 24 months of the execution of the ordinance granting the rezoning. V. MAINTENANCE FOR GOOD APPEARANCE 1. Landscape materials, other than plants, which have deteriorated or have been damaged or defaced, shall be properly repaired or replaced. 2. Plant materials that have deteriorated or died shall be replaced with healthy plantings, or the area shall be redesigned with other treatment to provide an attractive appearance. 3. Plantings shall be kept watered, fed, cultivated, and pruned as required to give a healthy and well groomed appearance during all seasons. 4. Parking areas shall be kept in good repair, properly marked and clear of litter and debris. 5. Vacant property shall be kept free of refuse and debris, and shall have the vegetation cut periodically during the growing season. C: S a� Documents r Filename: \Documents andettmgs\.4nn ,My Do um nts O dmances\.Appearance\AppearanceCode8.doc Date Printed: 10/4/2004 Page 11 Changes from New Directions Housing PHD 1. New Developer is Yorkville Supportive Living LLC 2. New Owner is Yorkville Supportive Living Limited Partnership 3. Changed from 55 to 65 or older to live there. 4. Changed from "individuals who are 55 years of age or older to provide affordable assisted living residences for frail seniors who are 65 years of age or older. 5. Increase density from 15 to 25 units per acre. 6. Change parking from "covered but not fully enclosed" to 55 uncovered spaces. 7. Changed exhibit "B" to our site and building plans Questions: 1. Are we still zoned R4? 2. Can we get the cost for the following fees in writing? Water, Sewer, Recapture Fees, Building Permit Fees, City Reimbursement for consultants and review fees, municipal building fee, land cash ordinance, city development fee ordinance 200400001 961 Filed for Record in I-ENDt LL COUNTY, ILLINOIS PAUL ANDERSON 01-23-200' At 01 :45 pm. ORDINANCE 30. 00 -STATE OF ILLINOIS ) ss COUNTY OF KENDALL . ) ORDINANCE NO. 2003 - b3 AN ORDINANCE AUTHORIZING THE EXECUTION OF A PLANNED UNIT DEVELOPMENT AGREEMENT rO `. YO KJ LL SvPfo ;tv. Litiir) n;:t -i , WHEREAS, it is in the best interest of the UNITED CII Y OF YORKVILLE, Kendall County, Illinois, that a certain Planned Unit Development Agreement BE ENTERED INTO BETWEEN THE United City of Yorkville and OWNER/DEVELOPER guaranteeing the perfoulliance standards and development conditions set out in said Agreement; and WHEREAS, said Planned Unit Development Agreement has been considered by the City Council and Public Hearing held therein Pursuant to statute; WHEREAS,the legal owner ofrecord of the territory which is the subject of said Agreement is ready, willing and able to enter into said Agreement and to perform the obligations as required Thereunder; and WHEREAS,the statutoryprocedures provided in 65 ILCS 5/11-15.1-1 (2002), as amended, for the execution of said Planned Unit Development Agreement have been fully complied with;and WHEREAS, the subject property has previously been annexed to the United City of Yorkville: F. -1- NOW THEREFORE, BE I'J ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CLLY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute,on behalf of the City, a Planned Unit Development Agreement a copy of which said and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHAR.E � JOSEPH BESCO VALERIE BURR PAUL JAMES 1 • LARRY KOT y MARTY MIJNNS ROSE SPEARS til RICHARD STICKA 1 1 APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,this °IjIvl day of `(1-i;,,,R , A.D. 2003. MAYOR -2-. PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 94*ldayof i , A.D. 20113. Attest: Cl'1'Y CLERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S.Bridge Street Yorkville, Illinois 60560 630.553.9500 • -3- STATE OF IT LINOIS ) )SS COUNTY OF KENDALL ) PLANED UNIT DEVELOPMENT AGREEMENT OF This Planned Unit Development Agreement(hereinafter"Agreement") ;is made and entered into this day c by and between the UNITED CITY OF YORKVILLF a municipal corporation;hereinafter referred to as "CITY" and yo0coMk �. t o;n,VC,LAt t .L E ., hereinafter referred to as "DEVELOPER" and Yotz►-v ; 6 hereinafter referred to as "OWNER". WITNESSETH WEEREAS, OWNER owns fee simple interest to the real property which is legally described in Exhibit"A" attached hereto, consisting of approximately 3.48 acres, more or less (hereinafter"PROPERTY"); and which is depicted in the Site Plan which is attached hereto and incorporated herein as Exhibit "B"; and WHEREAS, DEVELOPER has entered into a written agreement to purchase the real property which is the subject matter of said Agreement comprising approximately 3.48 acres, more or less; and WHEREAS, CITY has determined that a need for affordable housing for the population over the age of sexists within the UNITED CITY OF YORKVILLE; and WHEREAS,.the CITY and DEVELOPER agree said Planned Unit Development consisting of a single lot subdivision with the R-4 General Residence Zoning Use shall be exclusively for an age restrictive facility specifically providing.residences foi°1 g4L.t,EIJAE,5 who arP6years of age or older. orrb2DASLC ;ASScsCr S,ry UC, WHEREAS, it is the desire of OWNER and DEVELOPER to provide for the orderly development of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the teiuis of this Planned Unit Development Agreement and the Ordinances of the CITY; as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the development and to adjoining real property; and to provide rezoning to anR4General Residence Zoning Use for said parcel; and —1— WHEREAS, it is the desire of the CITY and DEVELOPER to enter into this Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such Agreement; and the intent ofOWNER and DEVELOPER to design it is m a stormwater management system for the subject PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the rezoning of the PROPERTY to the CITY have been given to the persons or entities entitled thereto,pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CH Y have duly held all public hearings relating to this Agreement all as required by the provisions of the CH Y'S Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER, DEVELOPER and CITY agree that upon execution the this Agreement the subject PROPERTY shall be designated a Planned Unit Development with an_R-4.- General Residence District as set forth in the attached hereto and incorporated herein as Exhibit "B'; and WHEREAS, the DEVELOPER agrees to abide by the documentation as required by the State of Illinois to qualify as an age restriction property a copy of which is attached hereto and incorporated by reference as Exhibit"C"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and other documents that are necessary to accomplish the rezoning of the PROPERTY; and NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 65.-.) That the development of said property shall be subject to approval of all Ordinances of the CITY; Site Plan approval, engineering consultant approval by CITY —2— staff or outside review engineering as elected by the CITY and Site Plan approval by the , City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances,Municipal Building Fee, Weather Warning Siren Fee, City Land-Cash Ordinance,and City Development Fee Ordinance, payable at the time of Site Plan approval, which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER as a condition of approval of the Planned Unit Development Agreement.B. OWNER/DEVELOPER, except to the extent varied by this Agreement the Site P an shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks,perfolluance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Developers,however,will be bound by changes in building codes,building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. The subject Site Plan attached hereto and incorporated herein b2,y reference of OWNER/DEVELOPER shall be permitted to have a density o dwelling units per acre. OWNER/DEVELOPER is hereby peluiitted a deviation from the United City of Yorkville Subdivision Ordinance to provide;parking.shall Le r1-e S, or SS '-)n ouEael ipotth 1 cna -- ke.i t- of the building as set out in the Preliminary Plan is approved regardless of Ordinance height restrictions. The City agrees that should the _ United City of Yorkville revise, alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide for a reduction from the standard as of the date of this Agreement, the City will allow the OWNER/DEVELOPER to comply with reduced standard. C. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control. Roadway right-of-ways, widths of streets, and roadway construction standards shall comply with the requirements as set out on the approved Site Plan. D. Sanitary Sewer Facilities. 1. DEVELOPER shall cause the Subject Property, to be annexed to the Yorkville-Bristol Sanitary District("Yorkville Bristol" or"YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. —3— The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as maybe required from time to time by both federal and state law, including,without limitation, the Illinois Environmental Protection Act, peiinitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and.use of each Phase of Development of the Subject Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen(18) inches or greater in diameter("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense,be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. 2. In the event the CU Y requires OWNER/DEVELOPER to oversize water mains, sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any oversizing. 3. Any stouni water detention facility constructed on-site shall comply with the requirements as set out on the approved Preliminary Plat, Preliminary and Final Engineering Plans approved by the City Engineer. el'hat off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by OWNER/DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 5. The CflY agrees to negotiate with OWNER/DEVELOPER the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefiting future users that are contiguous or within a reasonable service area of the subject subdivision Any recapture shall be done by Ordinance after the CITY has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the —4— Improvements submitted by OWNER/DEVELOPER, and approved by a majority vote of the City Council. OWNER/DEVLOPER acknowledges that there is recapture due to the United City of Yorkville for Sanitary Sewer and Water Interceptors previously run to service the subject property. City will disclose prior to final passage of an Ordinance approving this Agreement whether any other recapture is in fact due as a result of said Development 6. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site improvements to serve said property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, including condemnation, to assist the OWNER/DEVELOPER in the acquisition of easements or permission to use easements from Bristol Township, Kendall County and the State of Illinois. Tin actual cost of acquisition of any easement shall be at the expense of OWNER/DEVELOPER. 7. The Planned Unit Development being approved, as part of this Agreement shall be constructed in substantial confoiuiance with the Site Plan attached hereto and incorporated herein as Exhibit"B". Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council, or upon City Engineer's approval as to technical parts of engineering plans. OWNER/DEVELOPER further agrees to conform its Preliminary and Final Landscape,Preliminary and Final Engineering and Final Site Plan to provide the buffering and screening agreed to as set out in the Preliminary Site Plan for the Subject Property. 8. Approval of Final Plat and Final Engineering. Upon the submittal by DEVELOPER to the CITY of a Final Site Plan("Final Site Plan"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering") for the Development, which substantially confoiui with the Preliminary Plans as to such Phase of Development, the CITY shall promptly approve such Final Plan so long as it is in substantial confoimity with the approved Preliminary Plan, and that DEVELOPER is not in material breach or default as to any terms of this Agreement, Final Landscape Plan and Final Engineering in compliance with applicable law and cause the Final Plan to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph I of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the CITY as provided for in this Agreement and(iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering are referred to herein collectively as the "Final Plans". —5— AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, stoiui water management and drainage,building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five (5) years from the date of this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after passage by the City Council, so long as said changes are applied uniformly throughout the City. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Subject Property and its development will be subject to all ordinances,regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5)year period, provided, however, that the application of any such ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-confoiuiing under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER, provided, however, that any so called "grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. E. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development shall be accepted by the Cl1 Y pursuant to the provisions of the Subdivision Ordinance. The CflY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty(30) days following the submission of the as built plans. F. GENERAL PROVISIONS. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an ap- propriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. —6— Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation,both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. Notices. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 111 W. Fox, Ste. 3 Yorkville, IL 60560 With as opy—to: ni e Ity of Y orkvilTee's Attorney Law Offices of Daniel J. Kramer 1107A. S. Bridge St. Yorkville, IL 60560 If to the DEVELOPER: twilte..SoppAr.-ko- L..tu(�,�F-czckt*�P LLC 116 innAuc, �`t \ At, With a Copy to: plegate& r ome The sen P. . Warren enzlof —7— 322 Green St. cite Chicago, 602 IL 602 Or to such other addresses as any party may from time to time designate in a written notice to the other parties. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the MY Y and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Property not effected by such Agreement. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors Of assigns,to develop th.e u.jec 'rope in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. Term of Agreement. The term of this Agreement shall be for five (5)years. In the event construction is commenced within said five year period all of the teiins of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWN-ER. Captions and Paragraph Headings. The captions and paragraph headings used —8— it herein are for convenience only and shall not be used in construing any term or provision of this Agreement. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. No Moratorium. The CITY shall not limit the number of building or other peiniits that maybe applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall effect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville- Bristol Sanitary District. (Please include language stating that the City has adequate water sources/availability to serve the Development) Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be perfoiuied in a timely manner by all parties hereto. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the i.j e °rope , tie CITY, the DEVELOPER, or OWNERS, including, but not limited to, county, state or federal regulatory bodies. —9— IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this '- ` day of, 2003. UNITED CITY OF YORKVILLE, Kendall County, Illinois . 7 -� ,:, By/_�BIV./ --Le / ./ . MAYOR / Atte. • --- CI` CLE OWNER 1EVELOPER: 'fDf��1)lo SuK,NC—,+r ls‘a'iio.. Vac iE..i.11` Lb-C. By: Attest: Dated: –10– bt-F •J • • • • • Legal Description • . • That.part of the Southeast Ouarter of Section 5. Township .36 North, .Range 7 East of the Third Principal Meridian • described as follows: Beginning at the Northeast corner of a • subdivision known us Sun 5t wer Estates; Phase 1, Yorkville, • . • 'Kendall County, Illinois,' thence South 0120'48" East along . an East line of said subdivision 309.99; thence North 8839'12" East along a,North:line of said subdivision, 490.0 feet to a line •drawn parallel with the West right of way line of Illinois State Route No. 47 and 622.30 feet South 5539'12" West therefrom; thence North 0144'07" West parallel with said • Route 47 right of way line, 570.0 feet to the southerly richt. 'of- V way line of Green Briar Road,- thence South 8839'12" West V . a/Ong said southerly right of way line 487.90 feet to the point . of beginning in the United City of Yorkville, Kendal/ County, V 'Illinois and containing 5480 acres. • Inland • • • • • • S 7 GLEASON SITE STATISTICS ARCHITECTS,P.0 Noxi Br ural Site Area 161,670 S.F.(3 48 AC.) B �or.� Parking Spaces 65(Incl.3 Accessible spaces) Building Area Site Coverage 28,285 S.F. Js '.'° " Total Bldg.Area 56,570 S.F. UM= DATA Unit Count 78 units-2 Story PORMAIIT GREEN BRIAR ROAD FOR COM lemom SIGN ' � I • I \ I I a DETENTION / PARKIN r � I I = PARKINe PARKING I o4S; 4h ° COVERED ENTRY i BUILDING 1 I i SERVICE a I g LANDSCAPED BERM a mIliomei ------ -- .-�---��.--,�-,.-----��-.-r•-��- --�- --.- ---.��-- 1 - ----•-� JOB NO. PILS UATB PLOT acv:s� OWN11BNr9DVAL KIEV TITLE ETC NAN SITE PLAN Bcr.LB: ,.-m SIM(NUMBER Al 411 gloom STOR. GLVASON mit.. I I~ j ■+ ARCKTIHC S,P.C. ii r I� A' i I No...,106.wi 1. P.63041.5.60 0 ell, z_l__,,,zr 1....6" .,:ar,..,..a,a I r 41 1►-�' rh►�Hpoeurnom roe nom.I e �. R. NW.0 I. ��I RO1 ■ w •1A_ - ii _Pm um r=' I I �i�i1��,,,�,,, 111 410 11.1 - n- jr:.. 1.:i.- 1 I F� h0I ir o� 0! IDI 1', n� IM 01 f iliDi �nl n�. _ Ali p I NUllil r —i illy I iriir N UNIT SUMMARY-FIRST FLOOR I1 t'' - 0, N UNIT A(ONE BED): 18 '•0 1•` I - ! .�1 UNIT B(STUDIO): 17 [ I Kala. 1 ,/® `` TOTAL UNITS: 35 .aa , , 110 FAX'S ( � -� ' %;;;/ T nII 1� or. 1z��. 1,4 ,41 11 , STO�.. ELEC. I + -i,�a.• -T■ 11`1 ■ — Ili j• -'T■ Il'y1 ■�� " �' SIE �[ �_■�' °q ■❑ II° �7 '�' F, p LOB©Y I _ 'k! t,"` u6 o s ,-'y. �iY•, .• , to lis �I1u sl i- ,. ' g 1 _ in I � -a,.. 77,, amu.' 1 �11 =a3 �, Mr lel 611L. •O1� ITi�es�rwt _WO a e AI - u' 1c0►t1 .�-a-- ._�. mol Mit Toff 0 !_1�0►-f 0 f- ►�1, 0 0 MECH, Pte, u . _ h p DINING/ DJN�G KITCHEN KITCHEN 0 S e ; I= L• �i � 01 41 _CIh , A CDNF STOR. �� ,■ �Ii � ��' ��¢ L "I�'�� III' Lill 11111 `'m`u i J INTI H I 1oe wo. PLw PLOT WALE.. OVNO.APPROVAL 363'-1 7/8" —e�armie FIRST FLOOR PAN 001 41, FIRST FLOOR PLAN 0 6'��N��n.`.— A2 SCLC: ]/]2'-1'-0• feel Al I illliiii 2 . s?o. GLEASON IV Lel , i 0 e I ARCH1 crs,P.C. �.. .j AlPer•61.6.700oft' l_t�. ►., Nebo was !D • yai-, , •Ri■• 1 _I j 1•0114201.0T.I 0 Si 0 ISSVLIMON0 DM , -II d �, ■r- io in 0E42 1--- 11 II it ,41 /t.1I UNIT SUMMARY-SECOND FLOOR I tJ'1'' I I►:IJ 1 UNIT A(ONE BED): 22 ) .D �, a-�II UNIT B(STUDIO): 19 • 0 ' tltl 0��D� iN N/ M TOTAL UNITS: 41 p_.,_ [ !l 1 '. sl - f u ...I, V. T B OF F OMMON 69114-1 JAN ' N _--I r� �_ ina, moo'. 7Y,I 'in 0 n ~_ It 2.. _ BnUu AWRY � _I? ° 11° mom ��4�--_- �.,^■ �Ia._. leo X41■ 'n■r gg E ,_ • STOR p - 1 �: u1 � ��I. VEND BELOW d*4VI►_�- .1mm WA lu A►�1.0 �1 ff .a at.T, IM"IC „ji• ' 1 _AB :rii� NM0 } .o'a- jili 1L.11Q I_ ix- Ifi.,Fl Y- 'IIIb 'n; aj I �ar '�`MECH TTEND LIB. SBOEAUTY DOR AMR �.i -01 nA 7 f QoU _l �i! �1 �{ s i Ila ill JO°NO, 0.10 MIX PLL➢ .1. PLOT tlCA■A,a� 00Ntl4A.OVAL PNBBTRIE SECOF0 FLOOR RAN III' IIIA SECOND FLOOR PLAN 0 0 °111,NR° A3 ill —i.xosl GLEASON ARCH1 1 H1 S,P.C. 1.,wa i�mc.X reo•emeo 0.1 d.L.Me. am 1613/110 MVP P0.1.701. N1/1141 Mit PPOr 11.11.010118 IIIN1 Ilii ?i'a!?'. Mit' i??33. i?iii ?ii3111Dre\ U:il ld':II i:ieNii iE!!E ??d?F" ?i 3!!e ..g: 11:313_�!ESi3�lni'3?Iii?W113!1! «??EiOs nen ! u.a . d:,e:: Fi':ii!nHaan_s 3E! a::::: .HaT:F: n:.:: —-r ....., aIIII II I:!�I� .:.e II� ��'' iiia: o -•• — ::,n :e :,.::: :: _ ® ::i _---L_�n .els -4 .tom • _y/,�. t a.wP,�-/ .- " rJ wm wa ____'3_1�3_t�_�`�IC1q'I FRONT ELEVATION • P i it. 131 S13 i iifhim i?a' tit i5' [ g 3i aFi EEi oiiSFil 3il1� Li.:.a .111,111: —.13.T1'_ IS3::. .... Ii!r.. .rz??3 mEai� r$E a.... oSiiSf ilii ANL oi?E:F SI1::: iEi. 3?: 1 '.� ll _ a 311{ ._ hiq: .l .e, 14.1 [ffl :II II 3111:1 3i� if�liiiii,',, - ii i i5 ll SFMat .F... Y g R� i i g itffl q ?:i S-a nig • , l� 11, PO OA PLOT BGLLH:a OVN6fAPPOVAL EXTSNOR ELEVRIONS REAR ELEVATION maw MAORI ..... p4 lit GLHASON ARCHITHCTS,P.C. n.,musw7e 9d�d+?u�,. M Bm� laalo Me POPPonv. 23.-3" / f 15-3 I/2 / �� nal •c; ,Cori --1 W,r 1 _ LIVING/BED ROOM LIVING ROOM BED ROOM a•: r 1 :5 °,-, 1: _ BATH I 1.1 E - C ( 1 KITCHENETTE C N T I KITC HE ET E \ / BATH `— I cf - 1 I 1 UNIT A (467 SF) UNIT 0 (305 SF) g € Y 11 13k N Illi JOB NO. 0.10 DAM PILO PLOT ECA n�11 OEM APPROVAL 910i,ET0000 UNIT PLANS emfNr NUM00R A5 I-( ,--pc___) „ , AFFIDAVIT Yoti.uMe wp>;d ot ` ” L�-„,�, c \i \. THIS AFFIDAVIT is made this 0-/ day of January, 2004 by Ntw Directions Housrug-erns . ("Developer") for the benefit of the United City of Yorkville, Illinois ("City") WHEREAS, the Developer has entered into a purchase contract for the acquisition of that certain property located in the United City of Yorkville, Illinois and commonly known as The Green Briar Apartments parcel (the 'Property"); NOW, THEREFORE, the Developer hereby certifies to the City that it is applying for financial assistance from various governmental entities, including the Jilinois licg 4tr, r�...- 3LLL AO t ^ , for development of the Property as -a mixed incom=, ::e7z. _ 5,-cw r4Aot5' Ftc,1+.v project available to persons of5-years or older; and Developer hereby agrees, by and for itself and on behalf of any affiliate o'"r subsidiary that may be the owner of the Property, that upon completion of development, dwelling units in the Property shall be leased to individuals years of age or older, subject to any and all applicable governmental authority requirements, or any order or judgment entered with respect to the Property by any court of competent jurisdiction. Yukvsllc& ,.1- h L ��'A �, L iC. New Du citrons h`l'ousing orporafion By: ' - - Name: Gz.=lz,- ,,r--- z.,_,--,-7 Its: .:::). ,,-7,--7-, ......5-/,2_. -'-2-7---7—STA FE OF ILLINOIS ) ) ss. COUNTY OF.�,,o�v--- ) Before me, the undersigned Notary Public in the aforesaid County and State, personally appeared l�g€r- i, and being duly sworn, acknowledged the execution of the foregoing instrument. -'1x-'"61 -"" Witness my hand and notarial seal this -21 day of January, 2004. 43676 /� //�'JJ' ,�fi9r., i--z--- Notary Public OFFICIAL_ SEAL MARY L RAMS �EPJ - -- -- 40(AIRY PUSLIC,IC,STATE OF ILLINOIS MY CO Fa:WI55!ON exrKWC:10/03105 10/04/2004 00: 11 FAX 630 553 5764 DANIEL J. KRAMER a002/006 STATE OF ILLINOIS ) October 4, 2004 )ss. COUNTY OF KENDALL ) ORDINANCE 2004- AN ORDINANCE AMENDING ORDINANCE NO. 2003-_AN ORDINANCE SETTING FORTH THE STANDARDS AND REGULATION FOR PAYMENT FOR DEVELOPMENT AND EXTENSION OF UTILITY COSTS UPON ANNEXATION AND/OR PLANNED UNIT DEVELOPMENT WHEREAS, the UNITED CITY OF YORKVILLE is currently experiencing a substantial increase in population, together with the need to expand existing municipal services to provide for orderly growth and adequate municipal services; and WHEREAS, the BRISTOL KENDALL FIRE PROTECTION DISTRICT provides fire protection, emergency medical services and rescue services for the UNITED CITY OF YORKVILLE; and WHEREAS, the UNITED CITY OF YORKVILLE has thoroughly reviewed the need for expanding municipal services and the need for capital purchases and reviewed the study conducted by the BRISTOL KENDALL FIRE PROTECTION DISTRICT, a copy of which is attached hereto and incorporated herein by reference, to support increases in the fees provided herein; and WHEREAS,the UNITED CITY OF YORKVILLE has thoroughly reviewed the cost to be incurred to provide for the expansion of said City; and —1— 10/04/2004 06 : 11 FAX 830 553 5764 DANIEL J. KRAMER (j003/006 WHEREAS, the City has determined that the following fees bear a rational relationship to the costs anticipated to be incurred by the various governmental entities and departments of the City to be affected; and WHEREAS, the UNITED CITY OF YORKVILLE has previously enacted Ordinance No: 2003-_which set standards and regulations for payment of the extension and development of capital costs for utility and governmental purposes; and WHEREAS,one component of that Ordinance was to collect the sum of Three Hundred &00/00 dollars ($300.00) for the acquisition of equipment and vehicles,maintenance of the BRISTOL KENDALL FIRE PROTECTION DISTRICT, and for other capital purchases of said BRISTOL KENDALL FIRE PROTECTION DISTRICT; and WHEREAS, the UNITED CITY OF YORKVILLE has been requested by the BRISTOL KENDALL FIRE PROTECTION DISTRICT to increase the amount of said fees to the sum of One Thousand & 00/00 Dollars ($1000.00)per single-family residential dwelling unit and single- family attached dwellings including, but not limited to, duplexes and town homes; and WHEREAS, the UNITED CITY OF YORKVILLE has been requested by the BRISTOL KENDALL FIRE PROTECTION DISTRICT to increase the amount of said fees to the sum of Five Hundred & 00/00 Dollars ($500.00)per unit of any multifamily structure, including,but not limited to, apartment buildings; and WHEREAS, the UNITED CITY OF YORKVILLE has been requested by the BRISTOL KENDALL FIRE PROTECTION DISTRICT to increase the amount of said fees for all other occupancy classifications as follows: a. The sum of 10.0 cents per square foot,with a minimum fee of One Thousand and —2— 10/04/2004 06: 11 FAX 630 553 5764 DANIEL J KRAMER Z004/006 00/00 Dollars($100000) effective as of the date of passage of this Ordinance up and to April 30, 2006, b. The sum of 12.0 cents per square foot, with a minimum fee of One Thousand Two Hundred and 00/00 Dollars ($1200.00) effective from May 1, 2006 up and to April 30, 2007. c. The sum of 15.0 cents per square foot,with a minimum fee of One Thousand Five Hundred and 00/00 Dollars($1500.00) effective from May 1, 2007. NOW THEREFORE,the UNITED CITY OF YORKVILLE, does upon Motion duly made, seconded and approved by a majority of those voting does hereby ORDAIN: 1. Ordinance 2003- is hereby amended to increase the Development Fee for the BRISTOL KENDALL FIRE PROTECTION DISTRICT payable per single-family residential dwelling unit and single-family attached dwellings including, but not limited to, duplexes and town homes residential dwelling units from Three Hundred & 00/00 Dollars ($300.00)to One Thousand & 00/00 Dollars ($1000.00) for each unit annexed,zoned, and/or platted for residential development after the effective date of this Ordinance. 2. Ordinance 2003- is hereby amended to increase the Development Fee for the BRISTOL KENDALL FIRE PROTECTION DISTRICT per unit of any multifamily structure, including,but not limited to, apartment buildings to Five Hundred & 00/00 Dollars ($500.00) for each unit annexed, zoned, and/or platted for multifamily residential development after the effective date of this Ordinance. 3. Ordinance 2003- is hereby amended to increase the Development Fee for the —3— 10/04/2004 08: 11 FAX 630 553 5764 DANIEL J. KRAMER f�005/006 BRISTOL KENDALL FIRE PROTECTION DISTRICT for all other occupancy classifications, including but not limited to Office District, B-1 Limited Business District, 8-2 General Business District,B-3 Service Business District,13-4 Business District, M-1 Limited Manufacturing District and M-2 General Manufacturing District,as follows: a. The sum of 10.0 cents per square foot, with a minimum fee of One Thousand and 00/00 Dollars($1000.00)effective as of the date of passage of this Ordinance up and to April 30, 2006. b. The sum of 12.0 cents per square foot, with a minimum fee of One Thousand Two Hundred and 00/00 Dollars ($1200.00)effective from May 1, 2006 up and to April 30, 2007. c. The sum of 15.0 cents per square foot, with a minimum fee of One Thousand Five Hundred and 00/00 Dollars (S 1500.00) effective from May 1, 2007. 4. This Ordinance shall be contingent upon receipt by the UNITED CITY OF YORKVILLE of a written agreement in the form satisfactory to the UNITED CITY OF YORKVILLE which holds the UNITED CITY OF YORKVILLE harmless, including it and agreeing to defend the UNITED CITY OF YORKVILLE of any claim made as a result of the imposition or collection of said fees. 5. The various parts,sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of —4— 10/04/2004 06 11 FAX 830 553 5764 DANIEL J. KRAMER fj006/006 the Ordinance shall not be affected thereby. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 20_. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A,D. 20, Attest: CITY CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville,Illinois 60560 630.553.9500 —5— I Bristol Kendall Fire Protection District Development Fee Request Report Revised September 30, 2004 Bristol Kendall Fire Protection District 103 East Beaver Street Yorkville, Illinois 60560 630 553-6186 Page 1 The Bristol Kendall Fire Protection District provides fire protection, emergency medical services (EMS), and rescue services for the majority of The United City of Yorkville, a portion of The Village of Montgomery, and unincorporated sections of Kendall County for a total protection area of approximately 81 square miles. Rapid growth within the Fire Protection District has placed a critical financial burden on providing services to all areas of the District. The vast majority of the new growth, and thus the greatest impact, is occurring within the municipalities served by the District. Tax levy dollars are not being generated in the time frame needed to build services to accommodate this new growth. The following excerpt from The Elburn Herald, In Focus, dated September 16, 2004, provides additional information that may clarify this point. "Because of the way the property tax system works, it takes multiple calendar years for the full tax revenue of an individual piece of developed property to pay its own cost in services and educational support. This means that entities such as fire, police, emergency medical responders and school districts are consistently playing monetary catch-up in regions that experience consistent, significant growth." The Fire District's primary source of income is through a tax levy. Ambulance fees and development fees generate a considerably smaller portion of the funds. Development fees are a preferred method of generating funds to provide infrastructure to new growth areas, as they allow the new growth to pick up the burden placed on the District that the new growth creates. The Fire Protection District cannot impose a development fee. The fees are imposed and collected for the Fire Protection District by the municipalities within the District through Pre-Annexation Agreements. The cost of the impact of new growth is not a simple calculation. Many cost and time variables can affect these calculations. The Fire Protection District has made a reasonable effort to calculate these costs as accurately as possible. Several factors and variables have been considered in making the calculations. Some of these factors will have a greater influence on the recommendation than others; however, the final recommendation is based on the cumulative assessment of all factors as they relate to the Bristol Kendall Fire Protection District. • Population Growth • Fire District's Demographics • Existing Fire Station Appropriateness • Staffing Philosophy • Property Availability • Industrial Standards for Station Placement • Insurance Service Offices, Inc. • NFPA 1710 & 1720 • Fire Prevention Bureau • Preemption Traffic Control Equipment • Automatic Response Areas and Partnerships • Fiscal Capabilities • Equipment Page 2 In order to calculate the impact of development on the District, it utilized the most common references for Fire Departments, the ISO publication and the ISO Fire Suppression Rating Schedule. These publications were used to "...review available public fire suppression facilities, and to develop a Public Protection Classification for insurance purposes." Although the primary purpose of this tool is to rate fire protection so that insurance rates can be established, ISO ratings have also been one of the few standards used to compare community fire protection. Realizing the true intent of the ISO classification as a method for determining insurance rates, ISO is not the sole determining factor in establishing a public fire protection program. The schedule was considered as an instrument for comparison and as an additional factor for consideration when making decisions for increasing facilities to accommodate the new growth. Paragraph 560 of the schedule states, "...the built-upon area of the City should have a first due Engine Company within 11/2 miles, and a ladder-service company within 21/2 miles". This distance is recognized by ISO as an acceptable level of fire protection. It can be deteiiiiined how long it takes for fire units to travel this distance in order to meet the ISO standard. Based on the 11/2-mile distance standard, a community may determine its desired average travel time by plugging in its approximate vehicle speed of responding fire equipment. Given the topography, road system, actual time, and distance studies, it is reasonable to figure that an average vehicle with a speed of 35 mph will take approximately 21/2 minutes travel time to cover 11/2 miles. The FSRS also indicates, when the fire flow requirement is less than 2,000 gallons per minute(GPM), and the area is primarily residential, it is generally acceptable to have the first due Engine Company as much as two miles away. Given an average speed of 35 mph, it will take approximately 31/2 minutes to travel two miles. Obviously, higher, or lower average vehicle speeds will impact the distance covered and the travel time. The minimum cost directly related to adding stations to protect a single response area is calculated as follows: Three bay station with crew quarters $1,800,000.00 Ambulance $250,000.00 Engine $350,000.00 Equipment on ambulance and engine $300,000.00 Station equipment $200,000.00 1/2 Ladder truck $375,000.00 $3,275,000.00 It should be noted that there are NO property costs associated with the dollar amounts described above. The next calculation needed is the area protected by a station. Using the ISO schedule, a station response area of a circle 1 '/2 miles radius encompasses 7.065 square miles. In other words, a station will cover an area of 4,522 acres and may not be fully able to Page 3 cover all of the needs in any one area. Station coverage should not be calculated by square miles only. Other factors like response times and population also have to be figured into the formulas. Support from other stations or departments will be required to fully provide all services needed at all times. The next calculation needed is density. This is a number that can vary greatly. Current density, land topography, waterways, roadways and zoning are among the many variables that can have an affect on density calculations. In an effort to calculate a reasonable average density, we referred to the document titled "Current and Pending Residential Developments", dated August 5, 2004, addressed to the Yorkville Planning Commission from Bart Olson. We took the number of units approved, divided by the acres for each development and averaged them all together to determine a true average number of units per acre. Development Units Acres Average Cimarron Ridge 75 40.82 1.8373 Corner Stone 30 36.75 0.8163 Country Hills 172 65.6 2.622 Fox Highlands 123 34.71 3.5436 Grand Reserve 2650 1127.3 2.3507 Greenbriar 186 166 1.1205 Heartland Circle 250 129.55 1.9298 Heartland Subdivision 186 135.58 1.3719 Kylyn's Crossing - West 111 56.6 1.9611 Kylyn's Ridge 134 70 1.9143 Longford Lakes 62 13.6 4.5588 Prairie Gardens 56 24.2 2.314 Prairie Meadows 442 142.2 3.1083 Raintree Village 642 320 2.0063 River's Edge 166 96.906 1.713 Sunflower Estates 117 65.19 1.7948 White Oak Estates 87 113.78 0.7647 Wildwood 431 187.77 2.2954 Windett Ridge 418 163 2.5644 Average number of units per acre 2.1362 With the density calculation determined, it now becomes a matter of determining what level of build-out that justifies the need for a new facility. We feel it is not in the best interest of the District or its residents to wait until there is 100% build-out. We feel that a build-out level between 30% and 40% is appropriate to use as the calculation needed to base the fee for the construction of a new facility to service the response area. A build out level between 60% and 70% will require additional EMS and fire equipment. As the build-out approaches 100%, additional equipment and station facilities will be required, Page 4 thus requiring the development fee to continue to be collected as the build-out continues. The estimated population is based on a conservative estimate of 3 people per unit. Acres per Estimated Units per acre area Units per area % Build out Total units population Cost per unit 2.1362 4522 9660 100 9660 28980 $339.03 2.1362 4522 9660 90 8694 26082 $376.70 2.1362 4522 9660 80 7728 23184 $423.79 2.1362 4522 9660 70 6762 20286 $484.33 2.1362 4522 9660 60 5796 17388 $565.05 2.1362 4522 9660 50 4830 14490 $678.06 2.1362 4522 9660 40 3864 11592 $847.58 2.1362 4522 9660 30 2898 8694 $1,130.10 Single-family and single-family attached dwelling are defined as any dwelling unit that is not structurally dependent on another dwelling and has its own exit corridor. The next calculation needed is a rate for multifamily residences, i.e. apartments. A multifamily dwelling is defined as any dwelling unit that is structurally dependent on each other and/or exits thru a common exit corridor. The District believes that the multifamily dwellings are categorized between single family/single family attached housing and commercial for impact. As an example: an 8 unit multifamily (apartment) building has 8 times the potential as that of a single-family residence or a commercial building. Understanding that these dwellings are designed to higher standards, the District, however, feels the impact is still potentially high. The District does not believe that multifamily dwellings should be included in commercial rates. We understand that there may be buildings designed with mixed occupants, example: a three-story building that has other occupancies on the first floor and multifamily units on the second and third floor. The District requests that the commercial rates be assessed on the first floor and the multifamily rates be assessed for the second and third floor. The next calculation needed is a rate for occupancy classifications as per International Building Code, 2000 edition to include: Assembly Group A, Business Group B, Educational Group E, Factory Group F, High-Hazard Group H, Institutional Group I, Mercantile Group M, Storage Group S and Utility/Miscellaneous Group U. These occupancy classifications have different needs and may require different methods to establish a fair rate for development fees. Using a residential development fee rate of $678.06 per residential unit, an acre of land would have an impact value of$678.06 X 2.1362 = $1,448.47. Using the recently approved "Saravanos Properties Annexation Exhibit", a calculation was made to try to mirror the residential unit fee. The Saravanos site is 10.15 acres and has 59,700 square feet of commercial structures on the property. This equates to 5,882 square feet Page 5 of commercial structure per acre. To generate the same development fee per acre, a square foot rate of$.2462 is needed. Using a residential development fee rate of$1,130.10 per residential unit, an acre of land would have an impact value of$1,130.10 X 2.1362 = $2,414.12. At 5,882 square feet of commercial structure per acre, a similar development fee rate of $.41 per square foot is needed. Given the above information, the Bristol Kendall Fire Protection District is requesting the development fees collected for the District be set at a rate as follows: 1. $1000.00 for single-family and single-family attached dwellings. (duplexes, town homes and condominiums). 2. $500.00 for multifamily (apartment) per unit. 3. The fees to be collected for all other occupancy classifications: A. A fee of$.10 per square foot, with a minimum fee of $1000.00 from passage of ordinance until April 30, 2006. B. A fee of$.12 per square foot, with a minimum fee of $1200.00 beginning May 1, 2006. C. A fee of$.15 per square foot, with a minimum fee of $1500.00 beginning May 1, 2007. Page 6 _ 14I 11 m PARns a RECREAT]On1 Yorkville Parks&Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: k ;_ Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo To: Art Prochaska, Mayor City Council 431 From: Laura J. Brown, Executive Director Date: September 29, 2004 Cc: Tony Graff, City Administrator Re: RFP—site Planning and Architectural Services Parks Maintenance At the Park Board Meeting of September 27, 2004 the selection of the services for the site and space planning, and the Architectural Services were discussed. The Park Board and staff rated the firms based on the criteria established in the RFP / bid documents. The overall ranking order for selection is as follows; 1. Sente, Ruble, Boseman, Lee Architects, Ltd. 2. Williams Architects 3. Cordogan Clark 4. Kluber, Skahan +Associates, Inc. 5. Burnidge Cassell Associates 6. Yas/ Fischel Partnership Suggest Motion: To accept the Park Board recommendation for the selection of Sente, Ruble, Boseman, Lee Architects, Ltd. for the site and space planning, and the Architectural Services for the proposed Parks Maintenance facility; and to authorize the Mayor and staff to negotiate the fee for services based on the scope of services included in the RFP. All Fees associated for planning and architectural services will be expended from the Parks Land Cash. 1 United City of Yorkville RFP — Site Planning & Architectural Services For Yorkville Park and Recreation Department Parks Maintenance Facility Points Available Evaluation Criteria Williams SRBL KS+A Cordogan Clark BCA Yas Fischel 40 Qualifications of Firm & Similarity of 38 38 30 32 30 28 Projects 40 Program of Work & General approach 38 39 35 38 35 36 5 General knowledge of Yorkville 5 3 5 3 5 3 15 Past Performances & References 13 14 13 12 12 8 TOTALS 94 94 83 85 82 75 Comments Williams Architects Experience includes: Naperville Maintenance Garage, Skokie Park District Maintenance Facility, Zion Park District Maintenance, Woodridge Park District Park Maintenance Facility, Village of Glen Ellyn Public Works, Village of Carpentersville Public Works, Village of Clarendon Hills Public Works, and Willow Springs Public Works. Use of Maintenance Facility Consultants, Inc. as a sub consultant for the project. This sub consultant has experience with maintenance facilities for Bolingbrook, West Dundee, Naperville, Decatur, Schaumburg, Melrose Park, Lake Bluff, Orland Park and Niles. Project estimate 145 days for space needs assessment and design work. Does include some exclusions to the project focus. Similar projects and facilities —Woodridge Park District / 14,000 sf, project budget $1.5 million. Through Williams Development Co is able to provide Construction Management if the City chooses to trade bid the project. Sente, Ruble, Boseman, Lee Architects Ltd. Experience includes: Hoffman Estates Park District Maintenance Facility, Rolling Meadows Park District, Palatine Park District & Public Works, Winnetka Public Works, and Round Lake and Lindenhurst Public Works Departments. Provided a detailed work description and responsibilities with space needs assessment and design work completed by March 2005. Similar projects and facilities —Village of Western Springs Public Works Expansion / Remodeling — new 7,020 sf, remodel 14,666 sf total 21,686 sf, project budget $1.25 million. Kluber, Skahan + Associates, Inc Experience includes:Oswego Public Works. Has on staff a construction manager who can assist in overseeing the project completion. Similar projects and facilities Oswego Public Works 24,000 sf, 2.4 million. Cordogan Clark & Associates Experience includes: Village of Sugar Grove public works, Kane County Division of Transportation maintenance facility, DuPage County Division of Transportation. Provides in-house construction management service if desired. Similar projects and facilities Village of Sugar Grove 31,144 sf, $4.1 million. Burnidge Cassell Associates Experience includes: Four Winds Hospital Maintenance facility and garage, all other examples cited were recreation facilities (non maintenance). Proposed schedule is estimated 4.5 months with construction documentation and bidding to follow. Yas / Fischel Partnership Experience includes: All examples cited were non-maintenance facilities. Large experience with master facility planning. Yas/Fischel utilizes consultants for primary services that are included by others such as; civil engineering, landscaping, structural engineers, cost estimators, etc., 5 . 5�-gzz'�fL United City of Yorkville R.F.P. Site Planning& Architectural Services For Park Maintenance Facility Summary Points Available Evaluation Criteria Williams SRBL KS + A Cordogan Clark BCA Yas Fischel 40 Qualifications of firm&Similarity of projects 35 38 28 32 28 25 40 Program of work&General approach 35 35 35 35 35 35 5 General knowledge of Yorkville 5 0 5 5 5 2 15 Past performances&References Williams. Has designed and built several projects similar to ours. SRBL. Has designed and built several projects similar to ours. KS+A. Has not designed many maintenance facilities and seems geared more toward school and medical facilities. Cordogan Clark. Has not designed many maintenance facilities and also seemed geared toward school and medical facilities. I liked the fact that they had a structural engineer on staff. BCA. Has not designed many maintenance facilities although they have designed a lot of park&recreation facilities. They have also worked with the Yorkville Public Library on there new facility design. Yas/Fischel. Has not designed any maintenance facility and seem geared more toward master planning. 1 3 . CAS()1,\, Williams— 1 Qualifications (40) —32 2 Program of work and general approach (40) —38 3 Knowledge of community(5) - 5 4 References (15) - 10 Total - 85 Additional projects are above average in design, but nothing ground breaking. Everything else is complete and acceptable, although references lack comments or elaboration. SRBL— 1 Qualifications (40) —38 2 Program of work and general approach (40) —39 3 Knowledge of community(5) — 5 4 References (15) - 14 Total - 96 Has documented both practical designs, and aesthetically pleasing designs. Many public works and storage facilities are shown. Good qualifications. Work plan is very detailed, including a chart of all the parties responsible for every step of the process. Appears to have spent time learning about Yorkville's background. BCA— 1 Qualifications (40) —33 2 Program of work and general approach (40) —35 3 Knowledge of community (5) — 5 4 References (15) - 13 Total - 86 Documents plenty of Parks and Recreation studies and plans, not many maintenance facilities listed under all projects. Members are involved with IPRA. Conversation with Village Manager of Niles produced some issues with functionality of design and pieces of recreation equipment, as well as the length of time it took to complete the project. KSA— 1 Qualifications (40) —36 2 Program of work and general approach (40) —36 3 Knowledge of community(5) — 3 4 References(15) - 13 Total - 88 3D virtual design tours. Smaller, limited working staff. Intro letter was short, and no real signs were shown they knew a great amount about Yorkville. Program of work was brief, although it did include a chart of dates. Projects listed looked good, one functional, one office/functional. Not many total projects listed (projects for Oswego, and Kendall County). Cordogan— 1 Qualifications (40) —39 2 Program of work and general approach(40) —39 3 Knowledge of community(5) — 3 4 References (15) - 12 Total - 93 Program of work was very thorough. References were complete, projects listed seemed to be of completely functional nature. Projects not listed (O'Hare oasis, etc.) show wide range of capabilities. Packet does not show company knows extensive information about Yorkville, however Cordogan is on the façade committee (inferred knowledge). Projects listed for Sugar Grove and Kane County, appear to be functional, but nothing special as far as design Yas/Fischel— 1 Qualifications (40) —40 2 Program of work and general approach (40) —38 3 Knowledge of community(5) — 5 4 References(15) - 8 Total - 91 Company is providing City Municipal Facilities Master Plan. Thorough knowledge of Yorkville, very thorough resumes. Smaller firm uses many subcontracted firms. Many specialized, impressive projects, but none listed for public works/parks and recreation maintenance facility. While the scope of large and important projects would seem to indicate that there would be no problem with designing a smaller project, it may be slightly above practical to hire such an innovative firm for a practical use building. Total Ranks— 1) SRBL — 96 2) Cordogan — 93 3) Yas/Fischel — 91 4) KSA — 88 5) BCA — 86 6) Williams — 85 „, United City of Yorkville 4,,,'�Z” �off:, County Seat of Kendall County tl �w,��a 800 Game Farm Road 5 TX; "� 1.%71-1,T117. g Yorkville, Illinois 60560 • : Phone: 630-553-4350 c t ;� r� Fax: 630-553-7575 REQUEST FOR PROPOSAL SI Th PLANNING AND ARCHITECTURAL SERVICE FOR DESIGN OF A NEW PARK MAINTENANCE FACILITY The United City of Yorkville, IL (City) is seeking proposals from a qualified architectural / engineering firm to undertake design and development of site planning for new park maintenance facility. The facility will be located on a site owned by the City in a recently annexed residential neighborhood, in the geographic region of commercial areas. The City's schedule is to have plans and specification ready for contractor bidding no later than February 15, 2005. The RFP is present as outlined below: I. Background II. Scope of Services III. Proposal Format&Content IV. Evaluation Criteria and Selection Process V. Submittal Requirements I. Background The United City of Yorkville is a rapidly growing community in Kendall County in northeast Illinois with a population of approximately 9,000, founded in the 1830's. Yorkville is the county seat and is located on the Fox River. Yorkville is served by Illinois State and County Highways 47, 34, 126, 71, and 30 and the Burlington Northern Santa Fe railroad. At current rates,the population of Yorkville is expected to triple in the next 10 years. Park owned land has grown from 50 acres to close to 500 acres. The Parks Department has shared facility space with the Public Works Department. This overcrowding situation has been taxing for both departments. The current site limitations do not accommodate the office space or garage space for the current staff, vehicles or equipment. The new two-acre site is adjacent to a new 5-acre proposed public park and will centralise the parks department and equipment in a hilly visible and easily accessible location. The Mayor, City Council and Park Board are now seeking the services of an experienced architectural/engineering firm to proceed with site planning for the new park maintenance facility and completion of architectural plans and specifications. United City of Yorkville Request for Proposal August 2004 Page 2 IL Scope of Services The project consists of furnishing all labor, materials, supervision and travel to undertake and complete the following: A. Space needs assessment 1. Interview necessary staff and apply professional knowledge and standards to determine current and future space needs for the following • Offices,work space and meeting areas for the Park and Planning staff • Garage and storage areas for all the parks vehicles and maintenance needs • Storage areas for the Public Works streets area maintenance needs 2. Determine appropriate space for offices,work areas,locker rooms and break areas. 3. Determine the appropriate size for garage, storage,and maintenance yard. B. Design 1. Conduct on site analysis and review material on file with the City(building codes and standards)to determine location, façade, and building/zoning requirements for a free standing building/garage. 2. Prepare preliminary site plan showing layout of building,parking areas, public areas, private maintenance area and uses for the overall site. 3. Prepare detailed construction drawing for a one or two story Parks Department office building, pre-engineered steel garage or other material, maintenance yard with privacy fencing,and designed to accommodate the office and activities identified above. Future Services The selected consultant may be retained by the United City of Yorkville construction management services for the parks facility project with the scope of work to be defined, trade bidding and contracts negotiated prior to the time any work is commenced. III. Proposal Format and Content Proposals are to follow the format and are to contain information listed in this section. In order to be responsive,proposal must address all the items listed in this section. A. Letter of transmittal introducing firm and nature of proposal. B. • Narrative items 1. Brief resumes' of principal-in-charge and key technical/professional personnel to be assigned to the project. Discuss experience and how experience will be applied to this project. 2. Program of work satisfying the requirement of the Scope of Services section. Program should include a Completion Schedule(bar chart) and a Work Plan identifying discrete tasks and outlining: • Activity/task description 2 United City of Yorkville Request for Proposal August 2004 Page 3 • Person completing the task • Deliverable C. Prior Work A copy(s)of work from not more than two similar projects complete by your firm. D. References Provide name and telephone numbers of three references who will attest to your firm's ability to undertake and complete projects similar to this on time and within budget. IV. Evaluation Criteria and Selection Process Consultant selection and award of contract will be make on the basis of the respondent receiving the most points based on the following: A. Qualifications of the firm(Staff strength&Similarity of projects) 40 points available B. Program of Work and general approach -40 points available C. General knowledge of the Yorkville Community—5 points available D. Past performance/references— 15 points available V. Submittal Twelve copies of the proposal are due in the office of the United City of Yorkville- City Clerk no later than 3:00 p.m. on September 17, 2004. Proposals are to be submitted in a sealed envelope and marked "UNITED CITY OF YORKVILLE - SITE PLANNING AND ARCHITECTURAL SERVICE FOR DESIGN OF A NEW PARK MAINTENANCE FACILITY". Proposals submitted by any means other than mailing, courier. or hand delivery will not be accepted. Submittal and hand delivery address: CITY CLERK UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, Illinois 60560 All contacts, and questions with regard to the RFP shall be directed as follows: Laura J. Brown, Executive Director United City of Yorkville/Park and Recreation Department 630-553-4341 The City reserved the right to reject any and all proposals received. 3 Bid Summary Date c--..:' ‘ /•-,\\ ‘ c----;>-, C". Inattendance A"je`:V."'" \. (---) \,-.C:':'-',''''..._. ...-.1 , \,,__,(7,4_,A,.,:-„,j4-("::,-- \C'<SMI--C:',:-Li\---',--- "., •:... %--'---c?, (y-t,J,,,‘1,.:\(,:,.\-1,,,, ,,, _ _k Bids Submitted Ai 1. ; ,le 2. \i 'Th_ ( 3 -A ?_ \\ , C.' '‘, . \ -c::'1',7--S5:-•GC,"7.-' \‘'''\C,- ., I, :::),,,__ _.,:_. ,,_,--\_ (...___. — -C)j';\iT) 1-C-'t.:-C--:, I — , - ,.,...,...\A--;,,,,c '\,..-:)..;-A\,--\c,-)-N.-cs, ' ,,,2:-___ — k•.-.C::)."I'iN•rt ( o'''tre , 4. ..-.-30 v,-,\,-,4?.. c-C---) ----k-\----,,J..s_5,, %--,,c(Z v.-y--,.0_,..\,......„ •--Q--,,---, ) v, --- --- , (.___,, ,----:- _-(-,_A..k., . .,,__.,... _. - \_ - \ 'A .-• 0. IT::),;\...x.);--V\ \C:X.(-, .c, ....,.... .c.....-,C_.- `c-<--- • ,.-.,..f .. .'; -,\ I 7. 8. 9. , 10. Comments 1 L'' YORKv1LLE WS PARKS&RECPEATTON Yorkville Parks&Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: ri __ Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo To: Art Prochaska, Mayor City Council From: Laura J. Brown, Executive Director - Date: September 29, 2004 Cc: Tony Graff, City Administrator Re: Riverfront Park Grading Request In order to complete the requirements for the Glen Palmer Dam reconstruction, IDNR is requesting the City to provide grading plans for the Riverfront Park concept design. Schoppe Design is able and capable of providing the necessary grading plans and site information as requested by TENG and IDNR for a fee of$2,500. This currently is an unbudgeted item. Staff are requesting approval to expend fees from the Park and Recreation Land Developer line item#79-610-62-00-5440 for this project. Suggest Motion: To accept the Park Board and staffs recommendation and staff to executive services based on the stated fees for service as proposed in the scope of services included. 1 Page 1 of I Subj: Lump sum fee for Riverfront Park Preliminary Grading Plan Date: 9/20/2004 2:17:58 PM Central Daylight Time From: Ilit-; .in;r + ,r 1 ,s;_ To: /�. CC: Iia;,a Sent from the Internet,D' r `,, Laura: We have prepared a proposed fee for the preparation of the preliminary grading plan for Riverfront Park in order that Teng can incorporate such information into their hydrological calculations. The fee would be $2,500.00 plus reimbursable expenses such as printing. We anticipate that printing costs will be negligible, as we are conveying the information to Teng Associates and not sending it out for bid, etc. We propose to Procure and assemble/manipulate base information as provided by Teng Associates (digital AutoCadd format). We will set preliminary spot elevations using standard gradients and we will research the bridge clearance and other design factors affecting grades. We will incorporate such information into the preliminary grading plan. We will sketch out a conceptual grading plan, including spot elevations and contour elevations drawn at one-foot intervals. We will re-draw the sketched conceptual grading plan for legibility, and we will review the conceptual grading plan with you. We will make revisions as directed by you and will prepare a preliminary grading plan. We will provide a paper copy of the preliminary grading plan for you and for Teng Associates and will also provide a digital (AutoCadd format)drawing for Teng Associates. Laura, We look forward to continuing with this very exciting park development. I look forward to your response. Please let me know if you have questions or if you would like additional information. Sincerely, SCHOPPE DESIGN ASSOCIATES Mark Harrison, RLA Sr. Project Manager 126 S. Main Street Oswego, IL. 60543 PH: 630/551-3355 FX: 630/551-3639 Monday, September 20, 2004 America Online: LBNSP 10/01/2004 15:27 FAX 630 553 5764 DANIEL J. KRAMER Z 002/015 • • INTERGOVERNMENTAL AGREEMENT between the UNITED CITY OF YOF&KVILLE, ILLINOIS ?_ �t�',�� I stir I_ and the PJB STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES for the GLEN PALMER DAM IMPROVEMENTS PROJECT AND USE OF STATE OWNED PROPERTY Contract No. 198 9-01-04 THIS AGREEMENT is made among the United City of Yorkville, a Municipal Corporation, located in Kendall County, Illinois, hereinafter referred to as the "CITY,"and the State of Illinois, Department of Natural Resources, hereinafter referred to as the "DEPARTMENT," WITNESSETH: WHEREAS, the CITY and the DEPARTMENT are legal entities, organized and existing under the laws of the State of Illinois, having among their powers the authority to contract with one another to perform such undertakings as described.herein under the"Intergovernmental Cooperation Act," 5 ILCS 220/1 at. seq. (2002); and WHEREAS, the CITY requested the DEPARTMENT to investigate the Glen Palmer Dam site to diminish or remove the public safety concerns created by the existing spillway configuration which ultimately resulted in the development of the PROJECT; and WHEREAS, the CITY recognizes the dam as a integral part of the CITY's history and economy and recognizes the dam as a recreational destination for local citizens, tourists, and sportsmen alike; and WHEREAS, the CITY, through prior resolution 2001.7 approved by the CITY on February 28, 2001, strongly urged the DEPARTMENT to preserve the existing dam in the CITY while making such safety enhancements that will protect persons from harm and create an ecologically safe passageway for fish and water craft to move both upstream and downstream of the dam without harm to the environment; and • WHEREAS, the DEPARTMENT has developed improvements for the state owned Glen Palmer Dam which consists of: modifying a portion of the dam spillway with a 4-step concrete spillway and fish ladder, modifying the remainder of the dam spillway with a divider island and whitewater bypass channel/fish passage along the south bank of the river, appurtenances, and any environmental mitigation hereinafter referred to as the "PROJECT", and WHEREAS, based on a document entitled "Yorkville/Glen Palmer Dam Alternative Analysis and Preliminary Design -December 2003,"prepared by Teng and Associates for the DEPARTMENT and filed with the Illinois General Assembly in summary form, it has been determined that while the DEPARTMENT prefers the ecologically beneficial removal of the dam, the PROJECT satisfies the state's objectives for safety, ecological improvements and recreational developments while minimizing land rights necessary to improve public safety, and that the DEPARTMENT should proceed to implement the PROJECT; and 10/01/2004 15. 27 FAX 630 553 5764 DANIEL J. KRAMER Z003/015 • WHEREAS, the DEPARTMENT has jurisdiction over State property at the Yorkville Dam of the Fox River, located in Kendall County and known as Riverfront Bicentennial Park; and WHEREAS, the CITY currently operates Riverfront Bicentennial Park under Agreement Number 645A with the DEPARTMENT, dated April 25,1991 and revised January 15, 1999, and incorporated herein by reference, for open space, recreational purposes, and the operation of a 16-inch water line across state owned property, including the Fox River; and WHEREAS, the CITY recognizes the PROJECT as an integral part of their further development of the Riverfront Bicentennial Park in the CITY; and WHEREAS, the DEPARTMENT has approved participation in the PROJECT to the extent allowed by its statutory authority under the"Des Plaines and Illinois Rivers Act," 615 ILCS 60/3 (2002); and WHEREAS, the Illinois General Assembly has appropriated funds to the DEPARTMENT from the Capital Development Bond Fund under Public Act 93-0097, Article 1, Sections 160 and 175, that includes funds for this PROJECT; and WHEREAS, the DEPARTMENT has determined that the execution of this AGREEMENT is not subject to the signature requirements of the "State Finance Act,"30 ILCS 105/9.02 (2002). WHEREAS, under penalties of perjury,the CITY certifies that is its correct Federal Taxpayer Identification Number and that the CITY is doing business as a government entity; and NOW THEREFORE, for and in consideration of the benefits to be derived from the completion of the PROJECT, the sufficiency of which is hereby acknowledged, the parties hereto agree to the following terms and conditions: A. SPECIAL CONDITIONS 1. The recitals set forth are incorporated by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. The PROJECT will be constructed by the DEPARTMENT in two stages, identified as STAGE 1 and STAGE 2 in this AGREEMENT. STAGE 1 will include that work necessary to modify the existing dam spillway with a four step spillway, fish ladder and to construct a temporary spillway in the vicinity of the future bypass channel. STAGE 2 will include that work necessary to remove the temporary spillway constructed in STAGE 1 and to construct a permanent divider island and bypass channel/fish passage along the south bank of the river including any landscaping and appurtenances necessary to complete the PROJECT. 3. STAGE 2 of the PROJECT will proceed based on the availability of funds, accepted design plans, permits and land rights necessary to complete the stage. In the event the CITY wishes to proceed with implementation of STAGE 2 of the PROJECT without DEPARTMENT funding. the DEPARTMENT agrees to cooperate in the exchange of existing PROJECT documents with the CITY to facilitate the CITY's efforts. 2 10/01/2004 15 28 FAX 630 553 5764 DANIEL J KRAMER Z004/015 4. The 2003 estimated cost of the two phased PROJECT is $6,800,000. The DEPARTMENT's funding obligation will cease immediately without penalty or further payment being required if in any fiscal year the Illinois General Assembly fails to appropriate or otherwise make available sufficient funds for the PROJECT. 5. The DEPARTMENT will not approve the award of a construction contract for STAGE 1 of the PROJECT until the CITY has adopted and furnished to the DEPARTMENT a proper resolution providing that sufficient CITY funding will be set aside to adequately operate and maintain the PROJECT as defined herein. 6. The previous Agreement Number 645A entered into on April 25, 1991 and revised January 15, 1999 between the CITY and the DEPARTMENT is hereby declared null and void and is hereby replaced in total with the terms of this new AGREEMENT between the parties. 7. All provisions of this agreement will be binding upon the successors and assigns of the parties hereto. 8. This agreement may be modified, assigned, supplemented, amended or terminated by mutual agreement, in writing, by the parties hereto. B. DEPARTMENT OF NATURAL RESOURCES 1. The DEPARTMENT will prepare or cause to be prepared, the final design plans, specifications. operation and maintenance manual, and contract documents; advertise for bids; make the contract award; supervise the construction (resident engineering); and pay for all the construction costs associated with the PROJECT. The CITY will pay for all design and construction costs associated with any enhancements added to the PROJECT at the request of the CITY. The PROJECT may be constructed in phases as determined by the DEPARTMENT. 2. The DEPARTMENT will designate on the plans all designated boundaries of the lands, easements, and rights-of-way, hereinafter referred to as "PROPERTY RIGHTS," required for the construction, environmental mitigation, operation and maintenance of the PROJECT. The DEPARTMENT will also designate, on the plans or in writing prior to the CITY commencing acquisition, the minimum title, right or interest required in each parcel of land to ensure the proper construction and future integrity of the PROJECT. 3. The DEPARTMENT will assume all responsibility for the structural repair and/or rehabilitation of the PROJECT after construction completion to ensure that it will serve the intended purpose for the life of the PROJECT. Any necessary work concerning concrete PROJECT features and any other PROJECT features related to the structural integrity of the PROJECT will be the responsibility of the DEPARTMENT. 4. The DEPARTMENT hereby grants to the CITY the right to enter upon any property rights held by the DEPARTMENT necessary for operation, maintenance inspection, and maintenance of the PROJECT as defined herein. 5. The DEPARTMENT will be responsible for obtaining all federal and state permits required to construct, operate, and maintain the PROJECT. All permits will be applied for in the DEPARTMENT's name. The CITY will be responsible for obtaining any local permits required for the PROJECT. The DEPARTMENT will be responsible for all PROJECT Inspections and reports associated with the issuance of a state Dam Safety permit. 3 10/01/2004 15: 26 FAX 630 553 5764 DANIEL J. KRAMER [2005/015 • 6. The DEPARTMENT will make periodic inspections subsequent to the completion of the PROJECT to ensure that adequate maintenance is being performed on the PROJECT. Should the DEPARTMENT determine that a maintenance problem exists, a joint inspection will be scheduled and made by the CITY and the DEPARTMENT. Failure of the CITY to properly maintain the PROJECT as defined herein and as indicated by a written report of such inspection, will permit the DEPARTMENT, upon thirty (30) days written notice and continued failure of the CITY to perform the necessary maintenance work, to enter upon any of the PROJECT property rights and perform such maintenance work. In this instance, the CITY will reimburse the DEPARTMENT for any and all costs that may be incurred by the DEPARTMENT in connection therewith. C. UNITED CITY OF YORKVILLE 1. The CITY will review and comment in writing to the DEPARTMENT on the final design plans and specifications and on the operation and maintenance manual for the PROJECT prior to the DEPARTMENT advertising for construction bids. 2. The CITY, without cost to the DEPARTMENT, will acquire and convey to the DEPARTMENT, title to all PROPERTY RIGHTS, not currently held by the DEPARTMENT required for the construction, operation, and maintenance of the PROJECT. All expenses associated with PROPERTY RIGHTS acquisition including title commitments, attorney fees, appraisal costs, plat preparation, recording costs and any other incidental expenses will be borne by the CITY. Prior to the DEPARTMENT advertising for bids, the CITY will furnish to the DEPARTMENT copies of the conveyance documents on all PROPERTY RIGHTS acquired for the construction, operation and maintenance of the PROJECT for review and approval by the DEPARTMENT. 3. The CITY, without cost to the DEPARTMENT, will acquire and convey to the DEPARTMENT, PROPERTY RIGHTS for any environmental mitigation required as a result of the construction of the PROJECT. All expenses associated with PROPERTY RIGHTS acquisition including title commitments, attorney fees, appraisal costs, plat preparation, recording costs and any other incidental expenses will be borne by the CITY. Prior to the DEPARTMENT advertising for bids, the CITY will furnish to the DEPARTMENT copies of the conveyance documents on all PROPERTY RIGHTS acquired for the mitigation of the PROJECT, if necessary, for review and approval by the DEPARTMENT. 4. The CITY hereby grants to the DEPARTMENT the right to enter upon any PROPERTY RIGHTS held by the CITY necessary for construction, construction inspection, operation, maintenance, maintenance inspection and in the event the provisions of Item B-6 herein are invoked by the DEPARTMENT for failure of the CITY to operate and maintain the PROJECT. CITY will permit the use of any CITY-owned streets or alleys by the DEPARTMENT or its assigns as necessary to construct, inspect, operate and maintain the PROJECT. 5. The CITY, without Cost to the DEPARTMENT, will assume responsibility for the operation and maintenance of the PROJECT in accordance with the operation and maintenance manual,to ensure that the PROJECT will serve the intended purpose. Maintenance will include, but not be limited to, keeping the area clear of all trash and debris, or any other matter that might tend to impede proper and free flow of water. All structures, including riffles, pools, trails, bridges and the divider island will be kept clean of any and all debris and will be maintained in a satisfactory condition. All PROJECT signage will be maintained in a satisfactory condition. Grass covered areas will be mowed to a height of six 4 10/01/2004 15: 26 FAX 630 553 5764 DANIEL J. KRAMER Z006/015 inches or less at least twice each year. On areas that cannot be mowed, measures will be taken at least annually to maintain the designated landscape plantings and eliminate unwanted woody growth larger than one-half inch in diameter. The CITYwill keep all concrete and rock surfaces free of graffiti and unnecessary markings and maintain and repair all fencing and handrailing associated with the PROJECT. Measures will also be taken as conditions require to correct any erosion problems associated with the PROJECT. 6. The CITY will be responsible for expeditiously notifying the DEPARTMENT of any necessary PROJECT repair or rehabilitation conditions that exist related to substantial erosion or structural integrity of the PROJECT. 7. The CITY will be responsible for the operation and maintenance of all safety lighting, signage, water control gates, and buoy placement associated with the operation of the PROJECT. 8. The CITY, without cost to the DEPARTMENT, will be responsible for obtaining and providing the DEPARTMENT with copies of all local permits required for the construction of the PROJECT. The CITY will be responsible to abide by all federal, state and local laws, ordinances, rules and regulations during operation and maintenance of the PROJECT, and to satisfy all state environmental laws, regulations, and executive orders that apply because of state funds being used on the.PROJECT, 9. The CITY, without cost to the DEPARTMENT, will be responsible for all utility alterations or relocations and for all fence removal and/or replacement required as a result of the PROJECT construction, including any utility and fence related work shown on the plans. Utilities include, but are not limited to, electrical, cable television, and communication lines and oil, gas, sewer, and water pipelines. 10. The CITY will maintain eligibility in the National Flood Insurance Program. The CITY will continue to adopt and enforce required ordinances satisfactory to the Federal Emergency Management Agency and the DEPARTMENT, relative to the regulation of development in fioodplains under the jurisdiction and control of the CITY. 11. The CITY will hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine or judgment, Including all costs connected therewith, such as attorney and witness fees, filing fees and any other expenses incidental thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the design, location, construction, operation and maintenance of the PROJECT. The CITY will not be responsible to hold the DEPARTMENT harmless against any loss, damages, costs or expenses arising out of negligent acts or omissions by the DEPARTMENT or its agents or employees. D.TERMS OF LAND USE 1. PREMISES: The lands covered by this Agreement shall include: (1) three tracts, comprising the Yorkville Dam and the abutting properties on the North and South banks of the Fox River in Section 33, Township 37 North,.Range 7 East of the Third Principal Meridian, known as TRACT A (north abutment area), TRACT B (south abutment area), and TRACT C (all The DEPARTMENT property situated between said TRACTS A and B and bounded by the . extended East and West boundaries thereof), (2) all PROPERTY RIGHTS acquired by the CITY in the name of the DEPARTMENT required for the construction, operation and 5 10/01/2004 15 28 FAX 630 553 5764 DANIEL J KRAMER Q 007/015 • maintenance of the PROJECT, and (3) all improvements of these lands, including the PROJECT (all hereinafter the"PREMISES"). 2. USE OF PREMISES: The DEPARTMENT grants use of the PREMISES to the CITY, at no cost to the CITY, in consideration for the CITY's responsibilities defined herein. CITY hereby agrees to use the PREMISES for open space and recreational purposes at no charge to the public and for the existing 16-inch water Ilne and other appurtenant utilities only, in accordance with plans, specifications and operations and maintenance manual approved by both parties. The PREMISES shall not be used for the burning of refuse, deposition of debris or other material, or for any unsanitary or unhealthful purposes by the CITY in the use or occupancy of the PREMISES. Any other uses of the PREMISES, and all plans in connection herewith, shall be subject to the prior written approval of the DEPARTMENT. An unauthorized or impermissible use of the PREMISES shall be deemed to be a material breach of this Agreement. 3. ALTERATIONS: The CITY shall in no way alter or modify any existing structure(s) located on the PREMISES, nor shall the CITY modify the land within the PREMISES, without the prior express written consent of the DEPARTMENT. If the CITY wishes to make any such alterations and/or modifications, the CITY shall first contact the DEPARTMENT's Division of Planning to ensure compliance with applicable statutes and rO9ulations including, but not limited to, consultation requirements of the Illinois Endangered Species Protection Act, 520 ILCS 10/11, and the consultation, mitigation and compensation provisions of the Interagency Wetland Policy Act of 1989, 20 ILLS 83011-1 et seq., and with the State Agency Historic Resources • Protection Act. Nothing herein contained shall be construed to mean that the DEPARTMENT shall be responsible for compliance with all applicable State or Federal statutes and regulations; that responsibility shall remain with the CITY. 4. MAINTENANCE: In consideration for the CITY's use of the PREMISES as defined in articles D-1 and D-2, the CITY agrees to perform all maintenance of the PREMISES, including liner control and vegetation management and all PROJECT maintenance as defined in Articles C-5, C-6, and C-7 of this Agreement. 5. OBSTRUCTION QF PREMISES: CITY shall do nothing that might interfere with the ability of the DEPARTMENT to inspect, maintain or improve the PREMISES or any portion thereof, including specifically.but without limitation activities of the DEPARTMENT related to the operation of the darn and associated PROJECT. The CITY shall not, in any manner, obstruct the programs of the DEPARTMENT. It is understood and agreed that the DEPARTMENT reserves the right to require the CITY to remove, relocate or modify any structures, improvements or facilities upon, under or across the PREMISES, at the CITY's sole expense, if the DEPARTMENT determines, in its sole discretion, that such actions are appropriate and necessary to preserve the integrity, character, function or use of the PREMISES. 6. RELEASE OF DAMAGES: The CITY will further hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine or judgment, including all costs connected therewith, such as attorney and witness fees, filing fees and any other expenses incidental thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the use, operation and maintenance of the PREMISES. The CITY will not be responsible to hold the DEPARTMENT harmless against any loss, damages, costs or expenses arising out of negligent acts or omissions by the DEPARTMENT or its agents or employees. 6 10/01/2004 15 28 FAX 630 553 5764 DANIEL J. KRAMER 0 008/015 7. LAWS AND REGULATIONS: The DEPARTMENT and the CITY shall comply with all applicable provisions of State and Federal constitutions, laws, regulations, orders and decrees, including but not limited to those pertaining to unlawful discrimination and equal employment opportunity, including without limitation the Illinois Human Rights Act, the Public Works Employment Discrimination Act, the Civil Rights Act of 1964, the Americans with Disabilities Act, and Article VI of the regulations of the Illinois Department of Human Rights, which are incorporated herein by reference, and all environmental and cultural heritage requirements. 8. NOTIFICATIONS: All official notices pertaining to this Agreement, excluding routine management communications but including, without limitation, communications pertaining to amendments or termination, shall be effective only if directed to the respective parties as follows: for The DEPARTMENT: for CITY: Department of Natural Resources Mayor, City of Yorkville Concession and Lease Management 800 Game Farm Road One Natural Resources Way Yorkville, Illinois 60560 Springfield, Illinois 62702-1271 (telephone 217-782-0179) (telephone 630-553-4372) or to such other points of contact as may be designated in writing from time to time by authorized representatives of the parties. All routine communications relating to management and operation of the PREMISES shall be directed as follows: Department of Natural Resources Yorkville City Engineer Office of Water Resources 610 Tower Lane One Natural Resources Way Yorkville, Illinois 60560 Springfield, Illinois 62702-1271 (telephone 217-782-0900) (telephone 630-553-4350) 9. INSPECTION AND REPAIRS: The DEPARTMENT makes no representations, warranties (expressed or implied) or assurances with respect to the condition of any improvements situated on the PREMISES or the PREMISES themselves. The CITY accepts the PREMISES and all improvements thereon 'as is" in their present condition, and all future PROJECT improvements as designed, approved and constructed on the PREMISES, It is further understood and agreed that the CITY has sufficiently inspected the PREMISES, prior to the execution of this Agreement, made an independent assessment of the environmental and other conditions of the PREMISES, and accepts the same in its present condition. Any environmental claims which may arise from the CITY's use shall be the sole responsibility of the CITY, who agrees to indemnify and hold harmless the DEPARTMENT thereon. 10. RESERVED RIGHTS: This Agreement is nonexclusive, and the DEPARTMENT reserves the right of ingress, egress and usage of the PREMISES, and the right to grant 7-- leases, permits, or rights-of-way in and to the PREMISES to the extent that they are not incompatible with the uses authorized herein. 7 10/01/2004 15:26 FAX 630 553 5764 DANIEL J. KRAMER I�j009/015 • 11. PUBLIC SAFETY: Should it be determined by the DEPARTMENT that a particular use of the PREMISES by the CITY is, or will be, hazardous to the public or the property, the CITY , upon written notice by the DEPARTMENT, shall Install safety devices or make modifications at the CITY 's sole expense to render the PREMISES safe for, and compatible with, public use. In the event the CITY fails to install such safety devices or make required modifications within thirty(30) days, or, if such modifications cannot be completed within said time frame, the CITY fails to begin working expeditiously to render the PREMISES safe for the public, the DEPARTMENT may install such safety devices or make such modifications at the CITY 's expense, and may declare the CITY to be in breach of this Agreement. 12. ENVIRONMENTAL: The CITY, except as otherwise herein provided, shall not alter or impede water flowage, apply chemicals, or disturb the terrain in any manner within the PREMISES without prior approval of the DEPARTMENT. 13. TERMINATION: The DEPARTMENT shall have the right to terminate this Agreement upon giving the CITY ninety (90) days' written notice. The CITY agrees to surrender and restore the PREMISES, and remove all personal property therefrom, prior to the expiration of said notification period. If this Agreement is terminated under this provision, the CITY shall not be liable for CITY responsibilities defined in this Agreement beyond the date of vacating the PREMISES. It is further understood and agreed that the DEPARTMENT may terminate this Agreement if the CITY is in default or in breach of any of the terms of the Agreement, or in the event of the CITY 's bankruptcy or receivership. In such an event, the DEPARTMENT shall give the CITY a written notification of such breach or default, and the CITY shall have thirty (30) days to cure the same. If the CITY fails to cure or remedy the breach or default within said period of time, the DEPARTMENT shall have the right to declare this Agreement to be terminated. Upon such an occurrence, the CITY shall surrender the PREMISES to the DEPARTMENT subject to the provisions of Article D-14. Likewise, the CITY, with 90 days written notice, may terminate this Agreement if the DEPARTMENT is in breach of any of the terms of the Agreernent. Upon such an occurrence, the CITY shall surrender the PREMISES to the DEPARTMENT subject to the provisions of Article D-14. 8 10/01/2004 15 29 FAX 630 553 5764 DANIEL J KRAMER lj010/015 14. VACATING THE PREMISES: The CITY, immediately upon Agreement Termination, shall vacate the PREMISES and remove all property to which the CITY holds proper title, except that the CITY shall not remove any property that is permanently attached to the PREMISES regardless of whether the CITY holds proper title except as authorized in writing by the DEPARTMENT. Should the CITY fail to remove or dispose of the CITY'S property, the DEPARTMENT may consider such property abandoned and may claim proper title to such property or dispose of same at the CITY'S expense. In addition, at the termination of this Agreement, the CITY shall quit and surrender the PREMISES, including real property improvements, in a good state of repair, save ordinary wear and tear. The DEPARTMENT reserves the right to require the CITY to make such repairs and restorations as it may, in its sole discretion, deem necessary. 15. NONINTERFERENCE AND COOPERATION: The DEPARTMENT and CITY shall do nothing to interfere with or prejudice the other's right or duty to recover damages or commence action against a third party, and shall furnish all reasonable assistance and cooperation in connection with any action against such third party, including without limitation assistance in the prosecution of suit. 16. DISCRIMINATION: The DEPARTMENT and the CITY shall not discriminate unlawfully on the basis of race, color, sex, national origin, age or handicap in admission to, or treatment or employment in, programs or activities. 17. CERTIFICATIONS: The CITY will complete the attached Certification Document marked ATTACHMENT A, which will be Incorporated as part of this AGREEMENT. • 9 10/01/2004 15 29 FAX 630 553 5764 DANIEL J. KRAMER Z011/015 • IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written, and represent that the signatories below are duly authorized to execute this AGREEMENT on behalf of their respective bodies, and that the effective date of this AGREEMENT is the date approved and executed by the Director of the DEPARTMENT. STATE OF ILLINOIS RECOMMENDED: APPROVED: Gary R. Clark, Director Joel Brunsvold, Director Office of Water Resources Department of Natural Resources Date: APPROVED: Robert Mool, Legal Counsel UNITED CITY OF YORKVILLE ATTEST: APPROVED: Yorkville CITY Clerk Yorkville CITY Mayor Date: 10 10/01/2004 15. 29 FAX 630 553 5764 DANIEL J. KRAMER Z012/015 ATTACHMENT A CERTIFICATIONS • • EPARTMENT OF ,41ATURAL RESOURCES I. The Contractor certifies that it is not barred from being awarded a contract or subcontract under Section 50 of the Illinois Procurement Code(30 ILCS 500/50). It, The Contractor certifies that It has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33-E3 or 33-E4 of the Criminal Code of 1961 (720 ILCS 5/33E-3, 720 ILCS 5/33E-4). Ill. The Contractor certifies that it is not In default on an educational loan as provided in Public Act 85-827(5 ILCS 385/1) (a partnership shall be considered barred if any partner is in default on an educational loan), IV, The Contractor is not prohibited from selling goods or services to the Slate of Illinois because it pays dues or fees on behalf of its employees or agents or subsidizes or otherwise reimburses them for payment of their dues or fees to any club which unlawfully discriminates (775 ILCS 25/1). V. Under penalties of perjury, I certify that the name,taxpayer Identification number,and legal status listed below are correct. Name: Taxpayer Identification Number. Social Security Account Number or Federal Employer Identification Number . — (If you are an individual,enter your name and SSAN as it appears on your Social Security Card. If completing this certification for a sole proprietorship. enter the owner's name followed by the name of the business and the owner's SSN.For all other entities, enter the name of the entity as used to apply for the entity's FEIN and the FEIN.) Legal Status (Check one): • O Individual Q Owner of Sole Proprietorship 0 Governmental Entity Partnership p Nonresident alien individual ❑Tax-exempt hospital or extended care facility 0 Estate or legal trust O Corporation providing or billing 0 Foreign corporation, partnership, estate, or trust medical and/or health care services 0 Other. 0 Corporation NOT providing or billing medical and/or health care service VI. This certification is required by the Drug Free Workplace Act(30 ILCS 580/1)for contracts and grants effective January 1, 1992. The Drug Free Workplace Act requires that no grantee or Contractor shall receive a grant or be considered for the purposes of being awarded a contract from the State for the procurement of any property or services unless that the grantee or Contractor will provide a drug free workplace and that individuals must not engage in the unlawful manufacture,distribution, dispensation, possession or use of a controlled substance in the performance of the contract or grant. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but not more than five(5)years. CONTRACTOR/GRANTEE: For the purpose of this certification,"grantee"or"contractor' means a corporation, partnership, or other entity with twenty-five(2S) or more employees at the time of issuing the grant, or a department,division,or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State. 10/01/2004 15.29 FAX 630 553 5764 DANIEL J. KRAMER a013/015 -2- ATTACHMENT A • The contractor/grantee certifies and agrees that it will provide a drug tree workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance,including cannabis,is prohibited in the grantee's or contractors workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute Conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug tree awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace: (3) any available drug counseling, rehabilitation, and employee assistance programs: (4) the penalties that may be Imposed upon employees for drug violations. (c) Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace, (d) Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B) of paragraph(3)of subsection(a) above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by. any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. (1) Assisting employees in selecting a course of action in the event drug counseling,treatment,and rehabilitation is required and indicating that a trained referral learn is in place. (9) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. INDIVIDUALS: If Contractor is an individual,or an individual doing business in the form of a sole proprietorship,the individual certifies that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract, Contractor certifies that it will not engage in the unlawful manufacture, distribution,dispensation,possession or use of a controlled substance in the performance of the contract. This requirement applies to contracts of more than$5,000. VII. In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act,the Department of Central Management Services does not unlawfully discriminate in employment,contracts, or any other activity. Contractor,its employees and subcontractors,agree not to commit unlawful discrimination and agree to comply with applicable provisions of the Illinois Human Rights Act, the Public Works Employment Discrimination Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act,and rules applicable to each.The equal employment opportunity clause of the Department of Human Rights'rules Is specifically incorporated herein. The Americans with Disabilities Act(42 U.S.C. 12101 et seq.)and the regulations thereunder(26 CFR 35.130)(ADA)prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit or service. As a condition of receiving this contract, the undersigned contractor certifies that �.— services, programs and activities provided under this contract are and will continue to be in compliance with the ADA. -3- ATTACHMENT A VIII. Contractor certifies he/she has Informed the director of the agency in writing if he/she was formerly employed by that agency 10/01/2004 15:29 FAX 630 553 5764 DANIEL J KRAMER 0014/015 • and has received an early retirement incentive under Section 40 ILCS 5/14-108.3 or 40 ILCS 5/16-133,3 of the Illinois Pension Code:Contractor acknowledges and agrees that If such early retirement incentive was received,this contract is not valid unless the official executing the contract has made the appropriate filing with the Auditor General prior to execution. IX. RETENTION OF RECORDS: The Contractor or subcontractor shall maintain books and records relating to the performance of the contract or subcontract and necessary to support amounts charged to the State under the contract or subcontract.The • books and records shall be maintained by the Contractor for a period of 3 years from the later of the date of final payment under the contract or completion of the contract and by the subcontractor for a period of 3 years from the later of the date of final payment under the subcontract or completion of the subcontract. However,the 3-year period shall be extended for the duration of any audit in progress at the time of that period's expiration. All books and records shall be available for review and audit by the Auditor General and the purchasing agency. The Contractor agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain the books and records required by this Section shall establish a presumption in favor of the Stale for the recovery of any funds paid by the State under the contract for which required books and records are not available. (30 ILCS 500/20-65). X. SEXUAL HARASSMENT:Pursuant to 775 ILLS 5/2-105(A)(4),contractor shall have written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law;(iii)a description of sexual harassment,utilizing examples;(iv)the Contractor's internal complaint process Including penalties; (v)the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission;(vi)directions on how to contact the Department and Commission;and(vii) protection against retaliation as provided by Section 8-101 of the Illinois Human Rights Act. A copy of the policies shall be provided to the Department upon request. XI. For contracts exceeding $10,000, the Contractor certifies that neither it nor any substantially-owned affiliated company is participating or shall participate In an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. XII. Contractor shall notify the Department's Ethics Officer if Contractor solicits or Intends to solicit for employment any of the Department's employees during any part of the procurement process or during the term of the contract. XIII. WAGES OF LABORERS,MECHANICS AND OTHER WORKMEN: If applicable,the Contractor shall be required to observe and comply with provisions of the'Prevailing Wage Act," 820 ILCS 130/1 et. seq., which applies to the wages of laborers, mechanics and other workers employed in any public works. The Contractor or bidder certifies that it, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500. Section 50-11 prohibits a person from entering Into a contract with a State agency if he knows or should know that he,or any affiliate,Is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. Section 50-12 prohibits a person from entering into a contract with a State agency if ha,or any affiliate,has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act The Contractor further acknowledges that the contracting State agency may declare the contract null and void if this certification is false or if the Contractor, or any affiliate,is determined to be delinquent in the payment of any debt to the State during the term of the contract. XV. The Contractor certifies in accordance with Public Act 93-0307 that no foreign-made equipment,materials,or supplies furnished to the State under the contract have been produced in whole or In part by forced labor,convict labor,or indentured labor under penal sanction. XVI. The Contractor certifies in accordance with 30 ILCS 500/50-10.5 that no officer,director, partner or managerial agent of the contracting business has been convicted of a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953,815 ILCS 5/1 et seq.,for a period of five years prior to the date of the bid or contract. The Contractor acknowledges that the contraCtIng agency shall declare the contract void if this Certification is false. XVII. The Contractor certifies this agreement Is In compliance with the requirements'of the Corporate Accountability for Tax Expenditure Act (PA 93-0552). XVIII. The Contractor certifies in accordance with 30 ILCS 500/50-12 that the bidder or contractor is not barred from being awarded a contract under this Section. The Contractor acknowledges that the contracting agency may declare the contract void if this certification is false. -4- • ATTACHMENT A 10/01/2004 15: 29 FAX 630 553 5764 DANIEL J. KRAMER 1015/015 The undersigned acknowledges and agrees that each of the certifications or amendments shall be incorporated into and made a part of ttle-invitation for bids, request for proposals, agreement,contract,amendment, renewal or other similar document to which these certifications are attached. CONTRACTOR: BY: T ITE: DHR Public Contract Number: Approved by DNA Legal Counsel June 2003 as revised by Comptroller Accounting Bulletin 116 in January 2004 (-)Department of Human Rights Public Contract Number. Each Contractor having 15 or more employees must have a current Public Contract number or have proof of having submitted a completed application for one. Application forms may be obtained by contacting the Department of Human Rights, Public Contracts Section,100 W.Randolph, 101"Floor,Chicago, Illinois 80601 or calling 312/814-2431 (TDD 312/263-1579). In the space provided,show your Public Contract Number or,if not available,the date a completed application for the number was submitted to the Department of Human Rights.Contractors with less than 15 employees may Indicate`not applicable". TOTAL P.15 09/15/2004 11 :51 FAX 630 553 5764 DANIEL J. KRAMER Z002/002 ,QED C/T s • United City of Yorkville County Seal of Kendall County est, 1113B800 Game Farm goad Is; I Yorkv ,IlIlno O �, O Phone:63Dille -553-4350ia60560 "' . Fax:630.559.7575 E `.. September 15, 2004 Tony Graff, City Administrator United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 RE: Civil Environmental Consults, Inc. I Wetland Mitigation Bank Feasibility Study Dear Tony: Please be advised that I have reviewed the September 8, 2004 scope of professional serviced regarding the above referenced matter. Upon review of said document I do not find any legal issues with same. In the event that the staff and policy makers recommend approval of the professional services, I believe the City's legal interests are protected. Should you have any questions or wish to further discuss the matter please feel free to contact me. Very truly yours, Kelly A. Kramer Attorney at Law KAK/pdc , ., , ' , --7:-. ,--A:-.7 r-- , .,rr t, -,,c,':17K,T. T b } it September 8, 2004 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Professional Ecological &Civil Engineering Consulting Services Proposal for Wetland Mitigation Bank Feasibility Study United City of Yorkville, Kendall County, Illinois Dear Mr. Graff: Civil & Environmental Consultants, Inc. (CEC) is pleased to provide this proposal to provide ecological and civil engineering consulting services to the United City of Yorkville (Yorkville) associated with the preparation of a wetland mitigation bank (bank) feasibility study. We have prepared this proposal based on discussions from our meeting on August 23, 2004, a review of available published and conceptual design information available for the proposed site, interactions with the United States Army Corps of Engineers (USAGE) Rock Island District Office, and CE C's experience with similar projects. The following sections of this proposal present background information, scope of services, estimated costs,schedule, and limitations. BACKGROUND INFORMATION CF C has been involved with discussions with Yorkville regarding the possible establishment of a wetland bank within city limits. The exact location of the bank has not been identified, however, a parcel of land is being considered for possible use by a developer currently working with Yorkville. The ultimate use of this parcel has not yet been finalized. However, this parcel may be suitable for the construction of a bank or for surface water management requirements associated with the development of lands/properties that are contiguous to this parcel. As discussed during our meeting, CEC has initiated discussions with USAGE personnel in the Rock Island District Office regarding the establishment of a bank within the Fox River and Illinois River Watersheds located within their jurisdiction. Creation of a bank within these watersheds could create a bank service area inclusive of Kendall and Grundy Counties, Illinois. Preliminary discussions with the USACF. have been favorable and interest in a bank project within the proposed watersheds was received with enthusiasm. As requested, the following paragraphs present CFCs scope of work to perform the necessary informal due diligence for the USACF, United State Environmental Protection Agency (USEPA), Civil & Environmental Consultants, Inc. Chicago 3041 Woodcreek Drive Pittsburgh 800/365-2324 Suite 210 pro Cincinnati 800/759-5614 Columbus 888/598-6808 Downers Grove,Illinois 60515-5417 0,l-m Z� Export 800/899-3610 Phone 630/963-6026 1 `989 t „ „ 2004 Indianapolis 877/746-0749 Fax 630/963-6027 t V-2-7,71 7, }� Nashville 800/763-2326 Toll Free 877/963-6026 St.Louis 866/250-3679 Mr.Tony Graff United City of Yorkville Page 2 and United States Fish & Wildlife Service (FWS). Approval of this informal due diligence by the USACF, USEPA, and FWS will put Yorkville in a position to determine whether municipal resources and funding should be expended on the preparation of a formal Prospectus. The formal Prospectus is the application to initiate the official planning and review process by the Mitigation Bank Review Team (MBRT). Information gathered from the informal due diligence will also be suitable for incorporation into a formal Prospectus submittal. SCOPE OF SERVICES The CEC scope of work can be defined by the following tasks: • Task I: Perform a Wetland Mitigation Bank Feasibility Assessment • Task II: Meeting with USACF, USEPA, and FWS Representatives These tasks are detailed in the following paragraphs: Task I: Perform a Wetland Mitigation Bank Feasibility Assessment CEC will provide ecological consulting services to determine the feasibility of the parcel as a viable candidate to support a bank. CEC shall perform the following: 1. Review Soils Information From Soil Survey. CEC will obtain published information available from the local soil conservation agency for the site. The soils information will be reviewed to determine the appropriateness for creating/restoring wetlands. 2. Review National Wetlands Inventory Map: The National Wetlands Inventory Map (NWI) for the area will be reviewed to determine if the site already contains possible wetlands. The NWI is overlain on the USGS topographic maps so CFC will also use this information to determine drainage patterns and identify potential sources of water for creation of a wetland. 3. Aerial Photography Review: CFC will obtain and review historic aerial photography of the site to determine prior land uses and other items of potential environmental significance. 4. Perform Hydrologic Model: A qualified engineer from CFC will evaluate the surrounding topography of existing maps to determine if the proposed wetland will have sufficient hydrology to support wetland characteristics. The surrounding watershed of the site will be delineated and a water-budget produced both for the existing conditions (agricultural field) and for the proposed nearby development. 5. Site Reconnaissance: A CFC Project Scientist will visit the site to evaluate general environmental conditions, including a soils evaluation to verify the mapped soil types and Mr.Tony Graff United City of Yorkville Page 3 locate potential sources of water, including drain/field tile, that would be needed to support a bank Additionally, vegetation patterns will be investigated to determine the presence or absence of hydrophytic vegetation associated with wetland areas. 6. Summary of Findings and Presentation: CEC will prepare a Summary of Findings (SOF) detailing the findings and recommendations/opinions made during the Feasibility Study activities. The SOF will specifically identify the overall goals of the bank, identify the ecological suitability of the proposed site, and provide opinions on bank feasibility. The SOF will be presented to Yorkville,USAGE,USEPA, and FWS entities. Task II: Meeting with Yorkville's Project Team, consisting of Yorkville, CF C, Gardner Carton & Douglas (GCU),Engineering Enterprises, Inc. (EEI), and representative from the USACE,USEPA, and FWS. To coordinate efforts between Yorkville's Project Team and the USAGE, USEPA, and FWS Representatives, CF C recommends the following activities: 1. Meeting With Regulatory Agencies: CFC will schedule an initial informational meeting between Yorkville's Project Team, USAGE, USEPA, and FWS Representatives prior to submitting SOF results. A second meeting will be scheduled following submittal of the SOF to review USACF, USEPA, and FWS opinions of the feasibility study and gain acceptance to move towards preparation and submittal of a formal Prospectus. ESTIMATED COSTS CF.0 proposes to prepare the SOF and coordinate and attend two proposed meetings as outlined above for a not to exceed cost of $9,200. Should Yorkville request a change in the scope-of-work, or should circumstances render the current estimate invalid, a new estimate will be prepared and mutually agreed to in writing before further work proceeds. CFC will prepare a cost estimate for the preparation of a formal Prospectus following acceptance of Yorkville's SOF. The estimated costs for the preparation and submittal of the formal Prospectus may vary due to USAGE,USEPA, and FWS requirements. Our Schedule of Terms and Conditions shall apply to the proposed work and is attached for your review. Written authorization to proceed will form a binding contract and indicates your acceptance of our Terms and Conditions. Any changes to our Terms and Conditions must be agreed to in writing by both parties prior to your authorization to proceed. Mr.Tony Graff United City of Yorkville Page 4 SCHEDULE CFC is staffed with experienced wetlands scientists, engineers, land surveyors, biologists, soil scientists, and civil engineers, and can initiate services within one week of authorization to proceed. Feasibility Study- 2-3 weeks Meetings - Prior to Initiating Feasibility Study and Following USACF, USEPA, and FWS Determination LIMITATIONS AND QUALIFICATIONS It is assumed for purposes of this estimate that access to the property is available during normal working hours and that records relating to the site is reasonably obtainable. Should Yorkville request a change in the scope-of-work, or should circumstances render the current estimate invalid, a new estimate will be prepared and mutually agreed to in writing before further work proceeds. The results reported and any opinions reached by CEC are for the benefit of the client and, unless agreed to by CEC in writing, are not to be disclosed to or relied upon by any third parry. CEC appreciates the opportunity to offer this proposal for ecological and civil engineering consulting services for the United City of Yorkville. If you have any questions, please contact Mr. Brian Mihelich or Mr.Mark Waxali at (630) 963-6026. Sincerely, ' fa Mr. G eg erke Mr.Brian Mihelich, C FIMM Mr.Mark Waxali,P.E. Project Scientist Project Manager Senior Project Manager cc.Ms Sheila H Deely,Gardner Carton&Douglas Mr. Tony Graff United City of Yorkville " Page 5 AUTHORIZATION TO PROCEED: Wetland Mitigation Bank Feasibility Study Signature: Date: Printed Name: Title: Phone Number: Facsimile Number: f- UNITED CITY OF YORKVILLIE To: Tony Grafi, City Administrate From: Joe Wywrot, City Engineer 1 Subject: 6-Year Capital Improvement Pr gram Date: September 22, 2004 Attached find proposed revisions to last year's 5-year Capital Improvement Program. This list also shows projects completed or planned for the current fiscal year, resulting in a 6-year program. Multi-year projects are listed with their total cost only in the year they are scheduled to begin, unless they will be constructed as separate, phased projects. All project costs are for construction and related construction engineering unless indicated otherwise. Debt service for past projects are not listed. Costs for ongoing and imminent project were updated based on best available information. Detail has been added regarding funding sources. The attached schedule is a first draft to be presented to the Public Works Committee. Proposed revisions to last year's approved plan are as follows: Water • Various projects were moved up or back one year based on the progress of our overall radium-compliance project. • The Game Farm Road/Somonauk Street watermain replacements were moved back one year to Year 06-07 to coordinate that work with our FAU roadway project. • Replacement of the Elizabeth Street watermain was put in Year 06-07 based on recent watermain breaks. • The Adams Street watermain replacement was removed from Year 05-06. This watermain was constructed this year by the developer of the Morgan Street Elevator project. • The South Main Street watermain replacement was moved back one year to Year 08-09 to coordinate with the West Ridge watermain project. • Retro-fitting of existing water meters to become radio-read capable was added in Years 06-07 and 07-08. • Projects added for Year 09-10 are replacement of old 4" watermains on Washington and Orange Streets (S. Main to Mill), and construction of a third Fox River watermain crossing west of town. The location of the crossing has tentatively been identified at Eldamain Road, but it may be further to the east. Sanitary • The Bruell Pump Station project was revised to reflect abandonment of the originally proposed project. A more accurate cost for this project is will be provided once the plans are finished. • Engineering for the Rob Roy Creek Interceptor project was added to the current fiscal year. • Construction of the Rob Roy Creek Interceptor was split revised to be in two phases. Phase 1 is from the YBSD treatment plant to Galena Road. Phase 2 is from Galena to Baseline Road. • A project to add SCADA capability for our many sanitary pump stations was added in Year 05-06. • A project to replace the Gawne Lane pump station was added in Year 05-06. • A project to replace existing sanitary sewers along Route 47 was added in Year 07-08 to coordinate with IDOT's Route 47 project. The timing of this work will change depending on IDOT's schedule. • Projects added in Year 09-10 are for miscellaneous repairs and sewer extensions, as has been the case for past years. Streets • A project to re-stripe the concrete roadways in the Menards Commercial development was added in Year 05-06. • One project added for Year 09-10 is for West Kendall Drive and Anderson Court. Construction of this project will complete the reconstruction of roadways in the Countryside subdivision. • Another project added for Year 09-10 is for Washington Street (Route 47 to Mill). This project coincides with a proposed watermain replacement on that street. • The annual sidewalk project for each year was increased by 100%, and would be funded 100%by the city. The only exception would be when a resident wanted to have the sidewalk replaced in front of their property right away, in which case we would ask them to pay 40% of the cost. • A project for streetlight construction was added in each of the last three years. This is intended to become an annual project to provide streetlighting to the older parts of town. Miscellaneous • A new addition this year is for miscellaneous projects/commitments that do not belong in any of the traditional capital improvement categories. The only projects currently proposed are for our share of the USGS groundwater study, and for the re-study of the Blackberry Creek floodplain. Please place this item on the Public Works Committee of the Whole agenda of September 27, 2004 for consideration. cc: Eric Dhuse, Director of Public Works Traci Pleckham, Director of Finance Liz D'Anna, Deputy City Clerk P.Loptis_elLAYater CapitallmprQyemea Program 22-Sep-04 i'untLing S urcg Year PrQjeS1 General Fund MFT Developer FAU Total 04-05 a)Cannonball Trail Booster Station $370,000 $370,000 b)Route 47 Watermain to North Tower $690,000 $690,000 c)South Tower Construction $1,600,000 $1,600,000 d)South Booster Station $380,000 $380,000 e)South Pressure Reducing Station $150,000 $150,000 t)Well No.7 $690,000 $690,000 g)Well No.7 Treatment Plant $_1_.669,0..01/ $1.660.00(2 Sub-Total $5,540,000 $5,540,000 05-06 a)Well No.4 Rehabilitation . $100,000 $100,000 b)Wells 3 &4 Treatment Plant $1,650,000 $1,650,000 c)King Street Raw&Finished Watermains $1,530,000 $1,530,000 d)State Street Watermain $500,000 $500,000 e)SCADA System for Waterworks $420,000 $420,000 1)Fox/Washington Walermain Loop $105,000 $105,000 g)Orange/Olsen Watermain Loop $40,000 $40,000 10Heustis Watermain Replacement $110,000 $110,000 i)South Water Tower Painting S_La4,00.0 $100-09_0 Sub-Total $4,555,000 $4,555,000 06-07 a)Game Fann/Somonauk Road Watermains $65,000 $65,000 b)Elizabeth Street Watermain Replacement $150,000 $150,000 c)Radio-read meter retrofit(Phase I) $.11.5,001) $115.000 Sub-Total $330,000 $330,000 07-08 a)Well No,6 $550,000 $550,000 b)Well No.6 Treatment Plant $1,710,000 $1,710,000 c)Radio-read meter retrofit(Phase 2) $,1.5,000 £L15,000 Sub-Total $2,375,000 $2,375,000 08-09 a)S.Main Street Watermain Replacement $200,000 $200,000 b)W.Ridge Watermain Replacement $L4Q,0140 $L0,000 Sub-Total $340,000 $340,000 09-10 a)Washington&Orange Watermain Replacement $250,000 $250,000 (S.Main-Mill) b)Fox River Watermain Crossing @ Eldamain Road $250.04.0 $750.90.0 Sub-Total $1,000,000 $1,000,000 Water Total $14,140,000 $14,140,000 Proposed Sanitary Capital Improvement Program 22-Sep-04 Funding_Source Year Project General Fund MFT Developer FAU Total 04-05 a) Countryside Interceptor &Lift Station $3,240,000 $3,240,000 b) Bruell Lift Station(Woodworth Replacement) $1,500,000 $1,500,000 c) Hydraulic Ave. Interceptor $1,900,000 $1,900,000 d)Heartland Circle Onsite Interceptors $700,000 $700,000 e) Rob Roy Creek Interceptor—Engineering $750,090 $750,000 Sub-Total $5,440,000 $2,650,000 $8,090,000 05-06 a) Rob Roy Creek Interceptor(Phase 1) $10,410,000 $10,410,000 b) SCADA System for Pump Stations $100,000 $100,000 c) Gawne Lane Lift Station Replacement $_100,0.00 $.100.000 • Sub-Total $200,000 $10,410,000 $10,610,000 06-07 a) Rob Roy Creek Interceptor(Phase 2) $1,170,000 $1,170,000 b) Rob Roy Creek Interceptor(East Branch) $1,160,000 $1,160,000 c) Game Farm Road Sanitary Sewer Repairs $30,000 • $30,000 d) Palmer Court Sanitary Sewer Replacement $40.000 $44,000 Sub-Total $70,000 $2,330,000 $2,400,000 07-08 a)Miscellaneous Repairs $30,000 $30,000 b) Route 47 Sewer Replacements 5150,92 1 0 000 Sub-Total $180,000 $180,000 • 08-09 a) Miscellaneous Repairs $30,000 $30,000 b) Sewer Extensions $150 900 $150,000 Sub-Total $180,000 $180,000 09-10 a) Miscellaneous Repairs $30,000 $30,000 b) Sewer Extensions $10000 1 0,0_00 Sub-Total $180,000 $180,000 Sanitary Total $6,250,000 $15,390,000 $21,640,000 Pr:Ullases]Stmt Ca pitallmpr4Lmen i_P ogram 22-Sep-04 Funding_ ostrce Year Project General Fund MFT Developer FAU Total 04-05 a)Asphalt Pavement Treatment $35,000 $35,000 b) Sidewalk Replacement/Extension Program $50,000 $50,000 c)Crack Sealing(MFT) $25,000 $25,000 d)Van Emmon St. Overlay(Ball Fields to Route 47)-MET $70,000 $70,000 e)Cannonball Trail overlay(Rt. 34 to 2500' north) $170,000 $1 70,000 f)1n-Town Road Program(Phase 1)Utility Const. $460,000 $460,000 g) In-Town Road Program(Phase 2) Roadway& $120,000 $120,000 Utility Design $0 h)Bristol Ridge Road(Rt.34 to Kennedy) $1,440,000 $1,440,000 i)Game Farm Road(Phase 1 Engineering)-MFT $100,0IQ mum $200,000 Sub-Total $835,000 $195,000 $1,440,000 $100,000 $2,570,000 05-06 a)Asphalt Pavement Treatment $40,000 $40,000 b) Sidewalk Replacement/Extension Program $50,000 $50,000 c)Crack Scaling(MFT) $30,000 $30,000 d)Palmer Court $60,000 $60,000 e)In-Town Road Program(Phase 1)-Roadway Const. $950,000 $950,000 1)In-Town Road Program(Phase 2)-Utilities Const. $440,000 $440,000 g)Kennedy Road(Bristol Ridge to RR tracks) $2,540,000 $2,540,000 h)Game Farm Road(Phase 2 Engineering)-MFT $50,000 $50,000 $100,000 i)Game Farm Road(ROW)--MFT $100,000 $100,000 $200,000 • j) Fox Road Overlay(Morgan to Poplar) $275,000 $275,000 k)Countryside Pkwy(W.Kendall to F. Kendall)-MFT $260,000 $260,000 1)Re-stripe Countryside Pkwy&McHugh Road $10.44.4 $10,1/40 Sub-Total $1,825,000 $440,000 $2,540,000 $150,000 $4,955,000 06-07 a)Asphalt Pavement Treatment $50,000 $50,000 b)Sidewalk Replacement/Extension Program $60,000 $60,000 c) Crack Sealing(MET) $40,000 $40,000 d) Powers Ct. (MFT) $60,000 $60,000 e) In-Town Road Program(Phase 2)-Roadway Const. $1,210,000 $1,210,000 I)Kennedy Road(RR tracks to Galena) $1,430,000 $1,430,000 g)Mill Road(Kennedy to east end Grande Reserve) $2,640,000 $2,640,000 h)Game Farm Road(Construction)-MET&STP $500,000 $1,500,000 $2,000,000 i) Fox Road Reconstruction(Route 47 to Morgan) $ZQQ,QQO $790.0_0_0 Sub-Total $2,020,000 $600,000 $4,070,000 $1,500,000 $8,190,000 Propse(1_St eeeLCapita1Imp roycmcrrtl ragrun 22-Sep-04 Fiuiding-Saurce Year Frojeet General Fund MET Developer FAU Total 07-08 a)Asphalt Pavement Treatment $50,000 $50,000 b) Sidewalk Replacement/Extension Program $60,000 $60,000 c)Crack Sealing(MFT) $40,000 $40,000 d)Strawberry Lane/Conover Ct. (MFT) $100,000 $100,000 e)Kennedy Road(Bristol Ridge to west end of $1,090,000 $1,090,000 Grande Reserve) $0 f)Streetlight Construction(Various Locations) $50,000 $50,000 Sub-Total $160,000 $140,000 $1,090,000 $0 $1,390,000 08-09 a)Asphalt Pavement Treatment $50,000 $50,000 b)Sidewalk Replacement/Extension Program $60,000 $60,000 c)Crack Sealing(MFT) $40,000 $40,000 d)F.Kendall Drive&Mulhern Court- MFT $200,000 $200,000 e)Countryside Subdivision-Units 8 &9 $200,000 $200,000 f)Streetlight Construction(Various Locations) $5.0,040 $50,_00D Sub-Total $360,000 $240,000 $0 $0 $600,000 09-10 a)Asphalt Pavement Treatment $50,000 $50,000 b) Sidewalk Replacement/Extension Program $60,000 $60,000 c)Crack Sealing(MFT) $40,000 $40,000 • d) W. Kendall Drive&Anderson Court-MFT $250,000 $250,000 e)Washington Street(Rt.47--Mill) $100,000 $100,000 1) Streetlight Constriction(Various Locations) $50il0.0 $_50,0_00 Sub-Total $260,000 $290,000 $0 $0 $550,000 Streets Total $5,460,000 $1,905,000 $9,140,000 $1,750,000 $18,255,000 Proposed Miscellaneous Capital Improvement Program 22-Sep-04 Funding Source Year Project General Fund MFT Developer FAU Total 04-05 a) USGS Groundwater Study $26,000 $26,000 b) Blackberry Creek Flood Study $25,000 $25,000 Sub-Total $51,000 $51,000 05-06 USGS Groundwater Study $13,000 $13,000 06-07 USGS Groundwater Study $5,000 $5,000 07-08 USGS Groundwater Study $1,000 $1,000 08-09 None $0 $0 09-10 None $0 $0 Misc. Total $70,000 $70,000 Summary of Capital Improvement Program 22-Sep-04 Funding Source Year Category General Fund MFT Developer FAU Total 04-05 a) Water Improvements $5,540,000 $5,540,000 b) Sanitary Improvements $5,440,000 $2,650,000 $8,090,000 c) Street Improvements $835,000 $195,000 $1,440,000 $100,000 $2,570,000 d) Miscellaneous Improvements $51,000 $51,000 Totals $11,866,000 $4,090,000 $16,251,000 05-06 a) Water Improvements $4,555,000 $4,555,000 b) Sanitary Improvements $200,000 $10,410,000 $10,610,000 c) Street Improvements $1,825,000 $440,000 $2,540,000 $150,000 $4,955,000 d) Miscellaneous Improvements $13,000 $13000 Totals $6,593,000 $440,000 $12,950,000 $150,000 $20,133,000 06-07 a) Water Improvements $330,000 $330,000 b) Sanitary Improvements $70,000 $2,330,000 $2,400,000 c) Street Improvements $2,020,000 $600,000 $4,070,000 $1,500,000 $8,190,000 d) Miscellaneous Improvements $55,0_012 $5,000 Totals $2,425,000 $600,000 $6,400,000 $1,500,000 $10,925,000 07-08 a) Water Improvements $2,375,000 $2,375,000 b) Sanitary Improvements $180,000 $180,000 c) Street Improvements $160,000 $140,000 $1,090,000 $1,390,000 d) Miscellaneous Improvements $1,000 $1,000 Totals $2,716,000 $140,000 $1,090,000 $3,946,000 Summary of Capital Improvement Program Funding Source Year Category • General Fund MFT Developer FAD Total 08-09 a) Water Improvements $340,000 $340,000 b) Sanitary Improvements $180,000 $180,000 c) Street Improvements $360,000 $240,000 $600,000 d) Miscellaneous Improvements Totals $880,000 $240,000 $1,120,000 09-10 a) Water Improvements $1,000,000 $1,000,000 b) Sanitary Improvements $180,000 $180,000 c) Street Improvements $260,000 $290,000 $550,000 d) Miscellaneous Improvements $0 Totals $1,440,000 $290,000 $1,730,000 Total Cost of 6-year Program $25,920,000 $1,710,000 $24,530,000 $1,650,000 $54,105,000 UNITED CITY , OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Subject: Public Sidewalk Program Date: September 16, 2004 Attached find a letter from resident Steve Davis regarding sidewalks along Hillcrest Avenue between Prairie Street and Center Parkway. He is concerned about safety in this area, where some properties have sidewalks and some do not. Recently we discussed the status of our annual public sidewalk replacement project. This project typically includes construction of new public sidewalk at a location near a school, in an area of high pedestrian activity, or in an area where pedestrian safety is a concern. We also discussed the possibility of constructing new sidewalk in areas such as that mentioned by Mr. Davis to complete the sidewalk system in residential neighborhoods. Doing that, however, would probably lead to complaints from residents that had participated in the 60/40 sidewalk replacement program. To address that issue, we should consider eliminating the 60/40 program, and methodically work our way through the city replacing and adding sidewalk where we deem it necessary. If a resident wanted to get the sidewalk in front of their home replaced sooner, they could do so by paying 40% of the cost. Please place this item on the Public Works Committee agenda of September 27, 2004 for discussion. r 1 Steve Davis 1006 Sunset Yorkville, IL 60560 August 30, 2004 Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Mr. Wywrot, My name is Steve Davis, and I am a Yorkville resident who often travels throughout the northern half of the city by foot. This includes walking with my young niece and nephew. This experience is usually pleasant, but at times can be dangerous where we encounter locations with no pedestrian facilities, forcing us to walk in the street. One such location is along Hillcrest Avenue between Prairie Street and Center Parkway, where some properties have a sidewalk along the street and others do not. Pedestrians are forced to walk in the street in order to travel between sections of sidewalk. There are often vehicles parked along the street in this area, causing an unsafe walking environment due to the sight obstructions they create. This area is even more dangerous in the morning and afternoon when many students use this street to access the high school, paying little attention to children who may be walking or playing in the residential area. Why are these sections of sidewalk currently missing? I believe safety and accessibility could be greatly increased for pedestrians if the sidewalks along Hillcrest Avenue were completed. Does Yorkville have a plan to construct these facilities, and if so, when will this be done? I look forward to a time when I can walk along this street without being forced to leave the sidewalk. Sincerely, Steve Davis 1 UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer U Subject: Rob Roy Creek Interceptor— se 1 F---- Date: September 21, 2004 This project consists of constructing a 36" sanitary sewer along River Road and through the PNA Youth Camp, The eastern limit is at the existing Blackberry Creek Interceptor (about 2000 feet west of the YBSD treatment plant) and the western limit is at the western edge of the PNA property. Due to usage of the soccer fields at the PNA camp, this project has a very tight window for construction this coming fall and winter. Consequently, we have set up a tentative bid schedule, as follows: Legal Notice: September 30, 2004 Kendall County Record Bid Opening: October 15, 2004 @ 1 lam Yorkville City Hall Approvals: October 19, 2004 Committee of the Whole October 26, 2004 City Council Please place this item on the Public Works Committee agenda of September 27, 2004 for consideration. Cc: Liz D'Anna, Deputy City Clerk Traci Pleckham, Director of Finance - /74® 6 co.. United City of Yorkville Memorandum 800 Game Farm Road EST gt11j`'— 1836 Yorkville, Illinois, 60560 ® hl Telephone: 630-553-4350 Fax: 630-553-7575 '74E 0.'" Date: October 1, 2004 To: Mayor & City Council 4� From: Traci Pleckham - Finance Director CC: Tony Graff - City Administrator Joe Wywrot - City Engineer Subject: Game Farm Road Project Funding Upon reviewing the FY 2004-2005 Budget, these proposals totaling $2,098.80 were not identified within the Engineering - Contractual Services line item budget. My recommendation would be to fund this project through the Engineering - Contractual Services line item and revise the budgeted amount through the revised budget process by using contingency dollars (if no additional revenues are identified). '11,4 UNITED CITY OF YORKV1LLE To: Tony Graf City Administrat r From: Joe Wywrot, City Engineer Subject: Game Farm Road Project—R Dedication Date: September 22, 2004 Attached find two proposals from Smith Engineering to prepare plats of dedication for right- of-way for property owned by the city and the Yorkville School District along Game Farm Road. The proposals are in the amount of$824.40 and $1274.40, respectively. Checking for adequate right-of-way dedication is a necessary step in the approval process for a federally funded roadway project. During their research, Smith Engineering found that the old Game Farm property owned by the state never had dedicated a right-of-way for the road. Since the process of obtaining this right-of-way through the formal federal procedure can be very time consuming, Smith has recommended that we dedicate it now. They will then be able to show it as existing right-of-way when they submit their Phase 1 report to IDOT. The School District has asked that the new ROW be staked at regular intervals so they can see where it is. This work is included in Smith's proposal. I recommend that these proposals be approved. Please place this item on the Public Works Committee agenda of September 27, 2004. Cc: Liz D'Anna, Deputy City Clerk SEC Surveying Professional Land Surveyors PROPOSAL/AGREEMENT LAND SURVEYING SERVICES Mr. Joseph Wywrot City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 PLAT OF DEDICATION AND MONUMENTATION GAME FARM ROAD—EAST SIDE UNITED CITY OF YORKVILLE LANDS Job No. YORK-040098.01-4 September 21, 2004 Prepared by: Craig L. Duy, P.L.S. Senior Staff Surveyor 759 John Street,Yorkville,II,60560 www.smithengineering.com Telephone 630.553.0868 Fax 630.553.7646 Mr. Joseph Wywrot City of Yorkville Plat of Dedication and Monumentation Game Farm Road-East YORK-040098.01-4 September 21, 2004 Page 2 Scope of Work I 1) Prepare a Plat of Dedication for the East side of Game Farm Road (United City of Yorkville Property) for recordation of any undedicated right-of-way from the South line of Countryside Subdivision Unit 1 at the North to the North line of Yorkville Community Unit School District No. 115 property at the South. Scope also includes coordination and administration. 2) Setting of Monumentation-Iron pins (5/8"diameter—30" long)will be placed at all right-of-way corners and points of curvature. "Red-top" stakes will be placed adjacent to said iron pins. Man-hour and Fee Summary This contract shall be a lump sum contract. Based upon our understanding of the project,we believe a maximum of 10 hours will be required to complete the Plat of Dedication with an associated fee of $824.40 of which$750 is labor and$74.40 is reimbursable for prints and mylar prints(at cost). Direct Costs Mylars(4 each x 1/sheets/set x$18/sheet) $72.00 Prints (4 each x 1/sheets/set x $0.60/sheet) $ 2.40 Total Direct Costs $74.40 Total Fee $824.40 Extra Work Mr.Joseph Wywrot City of Yorkville Plat of Dedication and Monumentation Game Farm Road-East YORK-040098.01-4 September 21,2004 Page 3 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. 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. Reuse of Documents All project documents including,but not limited to,plans and specifications furnished by SEC under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by SEC,shall be at the CLIENTs sole risk,and CLIENT shall indemnify and hold harmless SEC from all claims,damages and expenses including attorney's fees arising out of or resulting therefrom. 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. 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 attorney's fees arising out ofthe modification or reuse of these materials. Mr. Joseph Wywrot City of Yorkville Plat of Dedication and Monumentation Game Farm Road-East YORK-040098.01-4 September 21, 2004 Page 4 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 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. 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.All outstanding invoices greater than 45 days shall have 1.5% interest compounded monthly added to the invoice. Additionally, all outstanding invoices must be paid in full before Final Plats of Subdivision will be submitted for recording or record drawings are submitted to municipalities for final approval. 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.Joseph Wywrot City of Yorkville Plat of Dedication and Monumentation Game Farm Road-East YORK-040098.01-4 September 21,2004 Page 5 If you have any questions or comments,please feel free to contact our office. We sincerely appreciate this opportunity to offer our services. Sincerely, )(:c.i SMITH ENG ERING CONSULT• ► . INC. Craig L. Duy, P.L.S. Senior Staff Surveyor CLD/kmg Accepted by: Title: Date: Client: Y:Uobs\Smith\20041040098 Game Farm Phase Padministration\contract\040098.01 contract-Game Farm Dedication East-092104-cld.doc SEC Surveying Professional Land Surveyors PROPOSAL/AGREEMENT LAND SURVEYING SERVICES Mr. Joseph Wywrot City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 PLAT OF DEDICATION AND MONUMENTATION GAME FARM ROAD—EAST AND WEST SIDE YORKVILLE C.U.S.D.NO. 115 Job No. YORK-040098.02-4 September 21, 2004 Prepared by: Craig L. Duy, P.L.S. Senior Staff Surveyor 759 John Street,Yorkville,IL 60560 www.smithengineering.com Telephone 630.553.0868 Fax 630.553.7646 Mr. Joseph Wywrot City of Yorkville Plat of Dedication and Monumentation Gsme Farm Road-West YORK-040098.02-4 September 21,2004 Page 2 Scope of Work 1) Prepare a Plat of Dedication for the West side of Game Farm Road (C.U.S.D.No. 115 Property) for recordation of any undedicated right-of-way from Conover Lane at the North to the North line of Conover's First Subdivision at the South, and for the East side of Game Farm Road(C.U.S.D. No. 115 Property) from the South line of United City of Yorkville property on the North to the North line of Conover's First Subdivision at the South. Scope also includes coordination and administration. 2) Setting of Monumentation-Iron pins (5/8" diameter—30"long)will be placed at all right-of-way corners and points of curvature. "Red-top" stakes will be placed adjacent to said iron pins. Lath to be placed at approximately 200' intervals along the new right of way lines. Man-hour and Fee Summary This contract shall be a lump sum contract. Based upon our understanding of the project, we believe a maximum of 16 hours will be required to complete the Plat of Dedication with an associated fee of $1274.40 of which$1,200 is labor and$74.40 is reimbursable for prints and mylar prints (at cost). Direct Costs 1 Mylars (4 each x 1/sheets/set x$18/sheet) $72.00 Prints (4 each x 1/sheets/set x $0.60/sheet) $ 2.40 Total Direct Costs $74.40 Total Fee $1274.40 Extra Work Mr.Joseph Wywrot City of Yorkville Plat of Dedication and Monumentation Game Farm Road-West YORK-040098.02-4 September 21,2004 Page 3 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. 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 actor 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. Reuse of Documents All project documents including,but not limited to,plans and specifications furnished by SEC under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by SEC,shall be at the CLIENrs sole risk,and CLIENT shall indemnify and hold harmless SEC from all claims,damages and expenses including attorney's fees arising out of or resulting therefrom. 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. 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 attorney's fees arising out of the modification or reuse of these materials. Mr. Joseph Wywrot City of Yorkville Plat of Dedication and Monumentation Game Farm Road-West YORK-040098.02-4 September 21, 2004 Page 4 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 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. 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.All outstanding invoices greater than 45 days shall have 1.5% interest compounded monthly added to the invoice. Additionally, all outstanding invoices must be paid in full before Final Plats of Subdivision will be submitted for recording or record drawings are submitted to municipalities for final approval. 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. Joseph Wywrot City of Yorkville Plat of Dedication and Monumentation Game Farm Road-West YORK-040098.02-4 September 21, 2004 Page 5 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 ENG 1 ERING CONSU ANTS, INC. ,00 Craig L.Duy, P. .S. Senior Staff Surveyor CLD/kmg • Accepted by: Title: Date: Client: Y:Uobs\Smith\2004\040098 Game Farm Phase I\administration\contract\040098.02-Contract-Game Farm Dedication West-092104-cld.doc 1I/ '`,`c D C/). .Zb , /"- ° United City of Yorkville Memorandum Ay,EST. 1836 800 Game Farm Road Yorkville, Illinois, 60560 o ® Telephone: 630-553-4350 c«.n s� .146 � �.� Fax: 630-553-7575 <CE t�-. Date: September 29, 2004 TO: Mayor Prochaska, CC: Traci Pleckham, Tony Graff, Liz D'Anna, Harold Martin From: Annette williin►,.s RE: Carpeting quotes Please see the information regarding carpeting for the Mayor's office, the conference room and the interior office spaces (finance, accounting, water billing, the clerk's office and Tony's office spaces are not included in this quote) on the administrative side. In the police department, the bid includes the front office space and the interior section (not including Ron's office, Harold's office, training rooms, Molly's office or the kitchen/bathroom area). The carpet is the same as that in the Chamber (which was installed by Tri-State). I gave the specifics on the carpeting to Fox Flooring, Roger's Flooring and Tri-State for bids. The bid for the police and administrative department from Rogers is $12,527.13. The bids for the police and administrative department from Tri-State is $8,988.00. Their was no bid from Fox Flooring. afw 09/02/04 THU 16:01 FAX 847 695 2275 TRI STATE CARPET Z002 Abbey Tri-State Carpet & Decorating, Inc. 1525 Fleetwood Drive Elgin, 17linois 60123 (847) 695-2211 • Fax (847) 695-2275 September 2, 2004 PROPOSAL TO: United City of Yorkville RE: Village Hall Attn: Annette Williams Fax: 630-553-7575 PROPOSAL IS TO: Furnish and install J &J Links, color E Mail# 8637 in rooms 125, 127, 134 and 135. Existing base to remain. Carpet to be installed by direct glue down using Union installers. Carpet Installed 2.02 sq. yds. @ $ 19.65 = $ 3, 969.30 Take up Existing 202 sq. yds. @ $ 2.75 = $ 555.50 Floor Prep = $ 400.00 Total S 4, 924.80 Sincerely, ACCEPTANCE OF PROPOSAL Steve Matsen Date j fIp040902yorkvillevillagehall . II afrl / // • i - r ' 09/02/04 THU 15: 01 FAX 847 595 2275 TRI STATE CARPET 001 Abbey Tri-State Carpet & Decorating, Inc. 1525 Fleetwood Drive Elgin, Illinois 60123 (847) 695-2211 • Fax (847) 695-2275 September 2, 2004 PROPOSAL TO: United City of Yorkville RE: Police Department Attn: Annette Williams Fax: 630-553-7575 PROPOSAL IS TO: Furnish and install J &J Links, color E Mail # 8637 in rooms 104, 105, 113 and 116. Existing base to remain. Carpet to be installed by direct glue down using Union installers. Carpet Installed 168 sq. yds. @$ 19.65 = $ 3,301.20 Take up Existing 168 sq. yds. @ $ 2.75 = $ 462.00 Floor Prep $ 300.00 Total S 4, 06120 Sincerely, ACCEPTANCE OF PROPOSAL Steve Matsen Date jf/p040902yorkvillepoliccdepartment 09/15/04 WED 08:45 FAX 830 231 6563 ROGER'S FLOORING D 0D1 A,- s a rte` "Your Complete Floor Covering Center" September 13,2004 United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Attn: Annette Williams Re: Flooring Proposal (revised) City offices and police station We propose to furnish all material and labor necessary to complete the following: CARPEL Furnish: i & 1 Commercial Carpeting, Link 8637, style 2665. Install: Wall to wall, glue down method, in two(2)main offices,two (2) conference rooms, and eight(8) office rooms of the Yorkville City Offices and Police Station. Total base price for Police Station(I88@27.18) $ 5109.84 Total base price for City Offices (224@27.18) $6097.29 TAKE UP ANT) SUBl LOORREPATR Take up of existing carpet and repair overwood at seams in decking. Total base price for above(24@55) $ 1320.00 27W743 St. Charles Road, West Chicago, IL 60185 630-231-8500/FAX 630-231-8563 101 Garden St., Yorkville, IL 60560 630-553-8500/FAX 630-553-3422 <c*-13 o`Ty UNITED CITY OF YORKVILLE MEMO J? a —�® T, 800 Game Farm Road EST.IN 1836 Yorkville, Illinois 60560 ~� Telephone: 630-553-4350 p °� �i. o Fax: 630-553-7575 Kenda.Cow.ly' `� To: COW Subject: Provena DOT Drug Testing Quote Here is a brief summary of the differences between the original and current quote for drug testing: DOT Tests 1) Preplacement Drug Testing reduced $5 from $55 to $50 2) Post Accident Drug Test reduced $5 from $55 to $50 3) Random Drug Test with MRO reduced $5 from $55 to $50 4) Random Pool Management Fee is waived for the first year ONLY ($15/participant per year) 5) Breath Alcohol Test reduced $4 from $34 to $30 6) Reasonable Suspicion Drug Test with MRO reduced $5 from$55 to $50 Non DOT Tests 1) Preplacement Drug Test (5 panel) with MRO reduced $5 from $40 to $35 2) Breath Alcohol Test reduced $4 from $34 to $30 3) Random Pool Management Fee is waived for first year ONLY($15/participant per year) 4) Random Drug Test (5 panel) with MRO reduced $5 from$40 to $35 5) Reasonable Suspicion Drug Test (5 panel) reduced $5 from $40 to $35 Provena managed to knock $43 off for all the tests and the first year pool management fee, which is $15/person/year. Random Drug Testing may be provided in a consortium with other companies in the pool, or for the City only. The random drug testing is done by Provena, which decreases our liability by decreasing the chance of discrimination claims. Bart Olson 09/27/04 MON 10:19 FAX 6308598474 PMCOHS a002 1325 North Highland Avenue Aurora,IL 60506 PROVENA Mercy Center Provena Mercy Center Occupational Health Revised Quote for City of Yorkville Attention:Bart Olson 9/27/04 DOT (for CDL holders) Preplacement Physical $40 History and Physical including vision test, assessing range of motion and spine check UA dip (urine dip) 3 Preplacement Drug Test 50 Recertification Physical (usually every 2 years) 40 Recertification UA 3 Post Accident Drug Test with MRO 50 Random Drug Test with MRO 50 Random Pool Management Fee no fee for first year Breath Alcohol Test 30 Reasonable Suspicion Drug Test with MRO 50 Non DOT Preplacement Physical $40 History and physical including vision test, Assessing range of motion and spine check Preplacement Drug Test (5 panel)with MRO 35 Breath Alcohol Test 30 Random Pool Management Fee no fee for first year Random Drug Test (5 panel)with MRO 35 Reasonable Suspicion Drug Test (5-panel)with MRO 35 Provena Mercy Center can also provide additional services such as lifting test, audiogram, executive physicals, etc. at competitive rates. Submitted By, Terri Dressel Account Executive 09/27/04 MON 10:20 FAX 6308598474 PMCOHS (1003 i I Provena Mercy Center Occupational Health Quote for City of Yorkville Attention: Scott Sleezer, Parks Foreman 3/11104 (j 4l( 1,JAt C U_ DT DOT (for CDL holders) Preplacement Physical $40 i History and Physical including vision test, assessing range of motion and spine check i i UA dip (urine dip) 3 Preplacement Drug Test 55 Recertification Physical (usually every 2 years) 40 Recertification UA 3 Post Accident Drug Test with MRO 55 Random Drug Test with MRO 55 i Random Pool Management Fee 15 per yr. per participant Breath Alcohol Test 34 Reasonable Suspicion Drug Test with MRO 55 a Non DOT • Preplacement Physical $40 History and physical including vision test, Assessing range of motion and spine check Preplacement Drug Test (5 panel)with MRO 40 Breath Alcohol Test 34 1 Random Pool Management Fee 15 per yr. per participant Random Drug Test (5 panel)with MRO 40 Reasonable Suspicion Drug Test (5-panel) with MRO 40 i Provena Mercy Center can also provide additional services such as lifting test, audiogram, executive physicals, etc. at competitive rates. Submitted By, Terri Dressel Account Executive 1 I 09/27/04 MON 10:20 FAX 6308598474 PMCOHS 11004 1325 North Highland Avenue Aurora,IL 60506. PROVENA - Mercv Center PROVENA MERCY CENTER OCCUPATIONAL HEALTH SERVICES RANDOM DRUG SCREEN/CONSORTIUM SERVICES. Provena Mercy Center Occupational Health Services offers this service for clients,to be in compliance with Department of Transportation regulations regarding Random drug testing. What is a Consortium? A Consortium is a group of companies. Companies can be grouped together for performing random selections. Depending on the number in your pool, you may choose to be in the ; Consortium or an individual pool with your company only. We use a computer program called DrugPak. This drug testing compliance software treats Random tests differently than other types of tests, In other test types,you tell the computer who is participating. With random testing, however,the computer tells you who is participating. This is done through the Random Selection Process of the software.This software is designed under the premise that the cornerstone of every substance abuse deterrence program is verifiable, unbiased random selection. When choosing participants for a random test, the computer uses a basic and complete method to insure unbiased selections. It is a double= blind selection method—one in which neither the administrators nor the participants can predictor affect the outcome. The computer does not examine participant IDs or length of service, nor does it take into account how many times, when or whether participants have been tested in the past. It is possible that someone chosen for a random test may have just completed a periodic test the day before or was selected in the last random selection. The random element of chance is just what is implied—a random chance. What does it cost? Management fee: 10 employees or less $20.00 per employee per year WM vet) for 11-50 employees $15.00 per employee per year . Y more than 51 employees negotiable DOT Audit fee: $100.00 (per annual audit) Drug and Alcohol Testing fee: Non-NIDA(DOT) $40.00 per test NIDA(DOT) $55.00 per test SO BAT(Breath Alcohol Testing) $34.00 per test 30 MRO Testimony $250 per hour plus reasonable costs (as needed) 09/27/04 MON 10:20 FAX 6308598474 PMCOHS 01005 =- - 1-, 111015 Lb-ept •of- 1-iartspov-i-ah Lp1 )785 -nS4 The DOT requires drug and alcohol testing in the following circumstances: Pre-Employment all applicants for safety sensitive positions (drugi testing only) Random alcohol- 10% of safety sensitive employees annually drug- 50% of safety sensitive employees annually Post Accident following an accident on employees who have been cited or a fatality is involved; tested within 8 hours after accident for alcohol and within 32 hours for controlled substances Reasonable Suspicion based on supervisor's observation of an employee's behavior, conduct or appearance , Return to Duty conducted when an individual who has violated the prohibited alcohol and drug rules returns to performing safety sensitive duties; alcohol test must how result of less than .02% and drug test must show a negative result Follow-up employees identified as needing assistance in resolving problems associated with alcohol misuse or drug use are subject to at least 6 unannounced follow-up tests in the first 12 months following return to duty; follow-up tests may be extended to up to 60 months following return to duty Provena Mercy Center Occupational Health Services Agreement for Discounted Fees Company Name: 0,1- ( of. 7C71k-01 k Date: CA /3U 10`--1 Address: &()h L G.412 -�-rk,V✓u_ 164 - City: N(rrrILVi It State: t L Zip: hp ( co Contact: 1B(10-- 0(SUV, Description of Services Requested Procedure Code Disc. Price alirf(1-b1 AtcoY ok 1 ei>t 3G .00 Posy Acc_<dezt ryi.3 ) 6e . RairikYvt w1-uNT) 50 .0D asoi Ole_ histo160-0 Orajiest (Da) Mt OW_ hOT Dvii ins 5 36 . �Y15O(—t-L tit ►�1a�� e �i�c%r�# �� UU2 t ve c 1(5 t Additional Comments: IZ MOY1t h3 Discounts are contingent upon use of Provena Mercy Center Occupational Health Services for Injury Management. Effective Date : / / Expiration Date: / / Agreement Approvals: Company Representative: Date: Provena Mercy Center Account Executive: 3i jZed.A1 % Date: 1/.309 Provena Mercy Center Fiscal Services: Date: 1325 North Highland Avenue Aurora,IL 60506 PROVENA Mercy Center Greetings; We have enjoyed and appreciate your support of our Occupational Health Services here at Provena Mercy Center. Current business practices, as well as new federal regulations, require us to have a formalized agreement with your company as a part of our drug and alcohol testing consortium. I have enclosed a packet for your consideration and signature. The packet consists of the following: 1. Two(2) copies of the Consortium Third Party Administrator Drug and Alcohol Testing Program Agreement. This document outlines the obligations of each party to the agreement. (a) Copy 1 —Sign and retain at your company office. (b) Copy 2—Sign and return to Provena Mercy Center. (envelope provided) 2. A letter from Provena Mercy Center to your company; this letter describes recent federal legislation (called "HIPPA"—Health Insurance Portability and Accountability Act)that Provena Mercy Center is legally obligated to follow. (a) Copy 1 — Retain in your company office. (b) Copy 2—There is no copy 2 of this letter. 3. Two(2) copies of the Health Information Addendum to the Agreement. Your signature on this document represents your commitment to safeguard certain "protected health information"which your company receives from Provena Mercy Center. In other words, your company will comply with the HIPPA regulations as they pertain to this Agreement. (a) Copy 1 —Sign and retain in your company office. (b) Copy 2—Sign and return to Provena Mercy Center(envelope provided) 4. A further Addendum to the Agreement that represents our commitment to certain Standards of Business Conduct. Your signature on this Addendum tells us that you have reviewed our Standards of Business Conduct pamphlet and that you acknowledge our commitment to comply with all federal and state laws and regulations. (a) Standards of Business Conduct pamphlet—Retain in your company office. (b) Addendum to Contract—Sign and return to Provena Mercy Center. (envelope provided) We realize that familiarity with HIPPA is a new concept. In addition, the agreement entails certain fees, billing, and payment information. Terri Dressel of Occupational Health sales will soon be calling on you to answer questions and secure the agreements if you prefer to deliver them to her personally. Very truly yours, Kilby A. Brandt, Vice-president/ Patient Care Services CONSORTIUM THIRD PARTY ADMINISTRATOR DRUG AND ALCOHOL TESTING PROGRAM AGREEMENT Company regulated by Department of Transportation THIS AGREEMENT, ("Agreement") is made and entered in this day of ,200 , byd between Provena Hospitals d/b/a Provena Mercy Center ("Provena")and (it\I of \O Y -V i I , , a local business operating in the community served by Provena("Company"). RECITALS WHEREAS, Provena owns and operates an acute care hospital located in Aurora, Illinois, and, as part of its mission to promote the health of the community, provides employment physical examinations, drug and alcohol testing services, and health care education ("Services") to its community through its Occupational Health Clinic("Clinic"); WHEREAS, Company owns and operates a business regulated by the Department of Transportation ("DOT") in the community served by Provena and as part of its regulatory compliance, Company seeks to comply with DOT requirements for employee physical examinations and random alcohol and drug testing of Company employees. WHEREAS, Company desires to contract with Provena to render the Services provided by the Clinic. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged,it is understood and agreed by and between the parties as follows: 1. Obligations of Provena. 1.1 Drug Testing Services. Provena will provide for specimen collection, laboratory testing and Medical Review services. Specimen collection will be conducted in facilities owned or operated by Provena. Laboratory testing will be provided by a Department of Health and Human Services ("DHHS") certified laboratory. All initial screenings shall be conducted using an immunoassay procedure and all positive screening results shall be confirmed by Gas Chromatography/Mass Spectrometry, all in accordance with DHHS procedures set forth in 49 CFR Part 40, Subpart B (Procedures for Transportation Workplace Drug Testing Programs). 1.2 Medical Review. All laboratory test results shall be reported by the laboratory to the Provena's Medical Review Officer or designee ("MRO"). Each negative test report shall be reported to the Company's designated contact person(s). Each presumptive positive test report shall be medically reviewed by the MRO who will make a final determination in accordance with DOT standards and report the 1 results to the Company's designated contact person(s). The MRO shall be a licensed physician responsible for receiving laboratory results. The MRO shall have appropriate medical training to interpret and evaluate confirmed positive test results together with medication history and any other relevant biomedical information. 1.3 Reporting of Test Results. Provena shall report test results to the Company's contact person(s) by one of the following methods as determined by the Company: by telephone, by fax transmission to secured fax machine or by electronic mail reporting to secured electronic mail address. 1.4 Random Selection Service. Provena shall provide a random selection process for Company which randomly selects from a designated employee pool. The Provena random selection program and procedures are designed to meet DOT regulatory requirements and are summarized in Exhibit A. 1.5 Alcohol Testing Services. Provena shall provide evidential breath testing services on instruments listed as DOT compliant and shall report all results to Company's designated contact person(s). Alcohol testing shall be performed in accordance with 49 CFR Part 40 Subpart C. 1.6 Record Retention and Statistical Reporting. Provena shall maintain all records related to performance of the Services in accordance with state and federal law. Provena shall forward laboratory statistical summaries to Company on a quarterly basis,unless otherwise requested by the Company. 2. Obligations of Company. 2.1 Company shall designate one contact person to serve as the Company's coordinator of Services provided pursuant to this Agreement. An alternate contact shall be designated to receive testing reports in the event the primary contact be unavailable. 2.2 Company shall provide a written certification from an authorized representative of the Company in the form attached as Exhibit B, attesting to the secured access of fax machines and email transmissions for receipt of drug and alcohol testing reports. 2.3 Company shall supply Provena with an employee roster and shall update such roster and deliver such updates to Provena on a quarterly basis. Roster shall only include the employee's social security number. 2.4 Company shall provide notification of random drug testing to employees in accordance with established policies and shall follow through with each employee who is randomly selected to assure employee participation in the random testing process. 2 2.5 Company shall sign such documents and fill out such paperwork as may be reasonably requested by Provena to comply with testing, specimen custody and control, and maintenance of records required by the DOT. 2.6 Company understands and acknowledges that Company and not Provena is responsible under the law for the federal and state compliance of its drug and alcohol testing program. Company acknowledges that it is required to provide for testing of employees for marijuana, cocaine, opiates, amphetamines and phencyclidine according to DOT agency regulations. Company further acknowledges that it is required to provide for testing of employees for alcohol according to DOT agency regulations. 2.7 Company shall make prompt payment to Provena for the services provided in accordance with Section 3 below. 2.8 Company agrees that it must cooperate with the reasonable requirements of Provena as a condition of participation in the consortium of employers that make up the random selection DOT employee pool. Further, Company acknowledges that it has a DOT compliant drug and alcohol policy as described in the Federal Motor Carrier Safety Act. 3. Fees, Billing and Payment. Provena shall charge Company for the Services in accordance with the fee schedule attached as Exhibit C. Provena shall invoice Company monthly for the employee testing fee, and quarterly for the consortium management fee. The quarterly consortium management fee will be pro-rated to reflect the number of current Company employees in the consortium. Annual fees will be pro-rated for companies who join the consortium during the calendar year. The DOT audit fee will be charged only if Company is audited by the DOT, and will be payable at time of occurrence. Company shall remit payment for any and all invoices to Provena within thirty(30) days of receipt of invoice. 4. Confidentiality. 4.1 Record Disclosure to Third Party. The parties agree that all records for the Services are confidential in nature and shall not be disclosed or re-disclosed to any third party without prior written consent as required by law. The parties further agree to comply with state and federal laws and regulations governing the retention and release of such records. The parties acknowledge the requirement that Provena shall disclose information related to a positive drug test of an individual to the individual, the Company, or the decisionmaker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test. The MRO shall inform any Company employee having a positive test result. 4.2 Record Disclosure to Employee. The parties acknowledge that any Company employee who is the subject of a drug or alcohol test shall upon written request, 3 have access to any records relating to his or her test and any records relating to the results of any relevant certification, review, or revocation of certification proceedings. Company shall promptly provide records requested by the employee. Access to an employee's records shall not be contingent upon payment for records. 5. Relationship.of the Parties. The relationship between the parties shall be that of an independent contractors and nothing herein shall be construed as establishing an employment relationship between the parties of their employees. It is expressly understood that each party shall be responsible for its own employees and shall make no claims to the other for work and vacation pay, sick leave, retirement benefits, social security, worker's compensation, disability or unemployment insurance benefits or employee benefits of any kind. Each party to this Agreement shall be liable for its own debts and neither party shall be liable for the debts or obligations of the other. 6. Responsibility for Acts or Omissions. Provena agrees to be solely responsible for the acts or omissions of itself and any of its officers, agents or employees arising out of the performance of this Agreement. Company agrees to be solely responsible for the acts or omissions of itself and any of its officers, agents or employees arising out of the performance of this Agreement. Each party shall indemnify, defend and hold harmless the other party from and against any and all liability, loss, claim, lawsuit, injury, cost, damage or expense whatsoever (including reasonable attorneys' fees and court costs) arising out of, incident to or in any manner occasioned by the performance or nonperformance of any duty or responsibility under this Agreement by such indemnifying party, or any of its employees, agents, contractors or subcontractors. In the event of an employment related or other lawsuit, arising out of the performance of the Services, each party shall reasonably cooperate with the other in the defense of the said lawsuit. Each party shall perform its duties under this Agreement in compliance with all federal, state and local laws. 7. Term and Termination. The Term of this Agreement shall commence on the date of execution and shall continue in effect for a term of one year and shall automatically renew for two (2) successive one year terms unless either party terminates this Agreement at any time upon thirty(30) days prior written notice of termination to the other party. 8. Miscellaneous Provisions. 8.1 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,but all such counterparts together shall constitute one and the same instrument. 4 8.2 Waiver. Any waiver of any terms and conditions hereof must be in writing, and signed by the Parties hereto. A waiver of any of the terms and conditions hereof shall not be construed as a waiver of any other terms and conditions hereof. • 8.3 Severability. The provisions of this Agreement shall be deemed severable, and, if any portion shall be held invalid, illegal or unenforceable for any reason, the remainder of this Agreement shall be effective and binding upon the Parties. 8.4 Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 8.5 Assignment. This Agreement, shall not be assigned, delegated or subcontracted by other party without prior written consent of the other party. 8.6 Governing Law. This Agreement shall be construed under the laws of the State of Illinois. 8.7 Notices. Any notice herein required or permitted to be given shall be in writing and shall be deemed to be duly given on the date of service if served personally on the other party, or on the fourth day after mailing, if mailed to the other party by certified mail, return receipt requested, postage pre-paid, and addressed to the parties as follows: To Provena: To Company: Provena Mercy Center 325 North Highland Avenue Aurora, Illinois 60506 Attn: Eric Krueger, Interim CEO Attn: 8.8 Entire Agreement. This Agreement constitutes the entire Agreement among the parties with respect to services described herein. This Agreement supersedes any and all other prior agreements either written or oral, between the parties with respect to the subject matter hereof. IN WITNESS THEREOF, the parties have cause this Agreement to be executed by their duly authorized officers hereto setting their hands as of the date first written above. PROVENA MERCY CENTER, COMPANY an operating unit of Provena Hospitals,an Illinois not-for-profit corporation By: By:` Name: Kilby A. Brandt Nam f Title: Vice President Title:/ 5 EXHIBIT A CONSORTIUM THIRD PARTY ADMINISTRATOR DRUG AND ALCOHOL TESTING PROGRAM AGREEMENT , RANDOM SELECTION PROCEDURE The selection of drivers shall be made by a scientifically valid method in accordance with Section 382.305 of the Federal Motor Carrier Safety Regulations. The Company shall require that each driver who is notified of selection shall proceed to the testing site immediately, provided however that if the driver is performing a safety-sensitive function at the time of notification, the Company shall then ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon thereafter as possible. If the Company no longer employs the selected driver, the Company must notify the consortium coordinator within ten (10) business days. Failure by the notified employee to report directly to the collection facility will be considered a refusal to test and will be reported as such to the Company. • EXHIBIT B CONSORTIUM THIRD PARTY ADMINISTRATOR DRUG AND ALCOHOL TESTING PROGRAM AGREEMENT , COMPANY ATTESTATION OF SECURED TRANSMISSIONS I hereby attest that I am an authorized representative of UT\ 0:" (company name) for purposes of coordinating its drug and alcohol testing program. In this role, I understand the need for employee privacy and confidentiality of test reports. In order to provide such employee privacy and confidentiality, I attest to the fact that the fax machine and e-mail address designated to receive test reports shall be secured such that access shall be limited to those within the Company with a need to access the test reports to coordinate or administer the program. Company shall maintain records in a secure manner, so that disclosure of information to unauthorized persons does not occur. In order to comply with DOT alcohol and drug testing procedures, forms used will not state the name of the employee, but will state the employee Social Security number. Signature Date • EXHIBIT C CONSORTIUM THIRD PARTY ADMINISTRATOR DRUG AND ALCOHOL TESTING PROGRAM AGREEMENT FEE SCHEDULE Management Fee 10 employees $20 per employee per year 11 —50 employees $15 per employee per year More than 51 employees $ per employee per year DOT Audit Fee $100 (per annual audit) =(< Drug and Alcohol Testing Fee Non-NIDA $40.00 per test NIDA $55.00 per test BAT $34.00 per test MRO Testimony $250 per hour plus reasonable costs (as needed) e e e= � -64 Cal -ECS • 3 CONSORTIUM THIRD PARTY ADMINISTRATOR DRUG AND ALCOHOL TESTING PROGRAM AGREEMENT THIS AGREEMENT, ("Agreement") is made and entered in this day of , 200 , by and between Provena Hospitals d/b/a Provena Mercy Center ("Provena") and 0,6\1 VA;i(k. a local business operating in the community served by Provena("Company"). RECITALS WHEREAS, Provena owns and operates an acute care hospital located in Aurora, Illinois, and, as part of its mission to promote the health of the community, provides employment physical examinations, drug and alcohol testing services, and health care education ("Services") to its community through its Occupational Health Clinic ("Clinic"); WHEREAS, Company desires to contract with Provena to render the Services provided by the Clinic. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, it is understood and agreed by and between the parties as follows: 1. Obligations of Provena. 1.1 Drug Testing Services. Provena will provide for specimen collection, laboratory testing and Medical Review services. Specimen collection will be conducted in facilities owned or operated by Provena. Laboratory testing will be provided by a Department of Health and Human Services ("DHHS") certified laboratory. All initial screenings shall be conducted using an immunoassay procedure and all positive screening results shall be confirmed by Gas Chroniatography/Mass Spectrometry, all in accordance with DHHS procedures set forth in 49 CFR Part 40, Subpart B (Procedures for Transportation Workplace Drug Testing Programs). 1.2 Medical Review. All laboratory test results shall be reported by the laboratory to the Provena's Medical Review Officer or designee ("MRO"). Each negative test report shall be reported to the Company's designated contact person(s). Each presumptive positive test report shall be medically reviewed by the MRO who will make a final determination in accordance with DOT standards and report the results to the Company's designated contact person(s). The MRO shall be a licensed physician responsible for receiving laboratory results. The MRO shall have appropriate medical training to interpret and evaluate confirmed positive test results together with medication history and any other relevant biomedical information. 1 i 1.3 Reporting of Test Results. Provena shall report test results to the Company's contact person(s) by one of the following methods as determined by the Company: by telephone, by fax transmission to secured fax machine or by electronic mail reporting to secured electronic mail address. 1.4 Random Selection Service. Provena shall provide a random selection process for Company which randomly selects from a designated employee pool. The Provena random selection program and procedures are designed to meet DOT regulatory requirements and are summarized in Exhibit A. 1.5 Alcohol Testing Services. Provena shall provide evidential breath testing services on instruments listed as DOT compliant and shall report all results to Company's designated contact person(s). Alcohol testing shall be performed in accordance with 49 CFR Part 40 Subpart C. 1.6 Record Retention and Statistical Reporting. Provena shall maintain all records related to performance of the Services in accordance with state and federal law. Provena shall forward laboratory statistical summaries to Company on a quarterly basis, unless otherwise requested by the Company. 2. Obligations of Company. 2.1 Company shall designate one contact person to serve as the Company's coordinator of Services provided pursuant to this Agreement. An alternate contact shall be designated to receive testing reports in the event the primary contact be unavailable. 2.2 Company shall provide a written certification from an authorized representative of the Company in the form attached as Exhibit B, attesting to the secured access of fax machines and email transmissions for receipt of drug and alcohol testing reports. 2.3 Company shall supply Provena with an employee roster and shall update such roster and deliver such updates to Provena on a quarterly basis. Roster shall only include the employee's social security number. 2.4 Company shall provide notification of random drug testing to employees in accordance with established policies and shall follow through with each employee who is randomly selected to assure employee participation in the random testing process. 2.5 Company shall sign such documents and fill out such paperwork as may be reasonably requested by Provena to comply with testing, specimen custody and control, and maintenance of records. 2.6 Company shall make prompt payment to Provena for the services provided in accordance with Section 3 below. 2 3. Fees, Billing and Payment. Provena shall charge Company for the Services in accordance with the fee schedule attached as Exhibit C. Provena shall invoice Company monthly for the employee testing fee, and quarterly for the consortium management fee. The quarterly consortium management fee will be pro-rated to reflect the number of current Company employees in the consortium. Annual fees will be pro-rated for companies who join the consortium during the calendar year. The DOT audit fee will be charged only if Company is audited by the DOT, and will be payable at time of occurrence. Company shall remit payment for any and all invoices to Provena within thirty(30) days of receipt of invoice. 4. Confidentiality. 4.1 Record Disclosure to Third Party. The parties agree that all records for the Services are confidential in nature and shall not be disclosed or re-disclosed to any third party without prior written consent as required by law. The parties further agree to comply with state and federal laws and regulations governing the retention and release of such records. The parties acknowledge the requirement that Provena shall disclose information related to a positive drug test of an individual to the individual, the Company, or the decisionmaker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test. The MRO shall inform any Company employee having a positive test result. 4.2 Record Disclosure to Employee. The parties acknowledge that any Company employee who is the subject of a drug or alcohol test shall upon written request, have access to any records relating to his or her test and any records relating to the results of any relevant certification, review, or revocation of certification proceedings. Company shall promptly provide records requested by the employee. Access to an employee's records shall not be contingent upon payment for records. 5. Relationship of the Parties. The relationship between the parties shall be that of an independent contractors and nothing herein shall be construed as establishing an employment relationship between the parties of their employees. It is expressly understood that each party shall be responsible for its own employees and shall make no claims to the other for work and vacation pay, sick leave, retirement benefits, social security, worker's compensation, disability or unemployment insurance benefits or employee benefits of any kind. Each party to this Agreement shall be liable for its own debts and neither party shall be liable for the debts or obligations of the other. 3 6. Responsibility for Acts or Omissions. Provena agrees to be solely responsible for the acts or omissions of itself and any of its officers, agents or employees arising out of the performance of this Agreement. Company agrees to be solely responsible for the acts or omissions of itself and any of its officers, agents or employees arising out of the performance of this Agreement. Each party shall indemnify, defend and hold harmless the other party from and against any and all liability, loss, claim, lawsuit, injury, cost, damage or expense whatsoever (including reasonable attorneys' fees and court costs) arising out of, incident to or in any manner occasioned by the performance or nonperformance of any duty or responsibility under this Agreement by such indemnifying party, or any of its employees, agents, contractors or subcontractors. In the event of an employment related or other lawsuit, arising out of the performance of the Services, each party shall reasonably cooperate with the other in the defense of the said lawsuit. Each party shall perform its duties under this Agreement in compliance with all federal, state and local laws. 7. Term and Termination. The Term of this Agreement shall commence on the date of execution and shall continue in effect for a term of one year and shall automatically renew for two (2) successive one year terms unless either party temninates this Agreement at any time upon thirty(30) days prior written notice of termination to the other party. 8. Miscellaneous Provisions. 8.1 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one and the same instrument. 8.2 Waiver. Any waiver of any terms and conditions hereof must be in writing, and signed by the Parties hereto. A waiver of any of the terms and conditions hereof shall not be construed as a waiver of any other terms and conditions hereof 8.3 Severability. The provisions of this Agreement shall be deemed severable, and, if any portion shall be held invalid, illegal or unenforceable for any reason, the remainder of this Agreement shall be effective and binding upon the Parties. 8.4 Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 8.5 Assignment. This Agreement, shall not be assigned, delegated or subcontracted by other party without prior written consent of the other party. 8.6 Governing Law. This Agreement shall be construed under the laws of the State of Illinois. 4 8.7 Notices. Any notice herein required or permitted to be given shall be in writing and shall be deemed to be duly given on the date of service if served personally on the other party, or on the fourth day after mailing, if mailed to the other party by certified mail, return receipt requested, postage pre-paid, and addressed to the parties as follows: To Provena: To Company: Provena Mercy Center 1325 North Highland Avenue Aurora, Illinois 60506 Attn: Eric Krueger, Interim CEO Attn: 8.8 Entire Agreement. This Agreement constitutes the entire Agreement among the parties with respect to services described herein. This Agreement supersedes any and all other prior agreements either written or oral, between the parties with respect to the subject matter hereof. IN WITNESS THEREOF, the parties have cause this Agreement to be executed by their duly authorized officers hereto setting their hands as of the date first written above. PROVENA MERCY CENTER, COMPANY an operating unit of Provena Hospitals, an Illinois not-for-profit corporation By: By: Name: Kilby A. Brandt Name:V Title: Vice President Title: 5 • EXHIBIT A CONSORTIUM THIRD PARTY ADMINISTRATOR DRUG AND ALCOHOL TESTING PROGRAM AGREEMENT RANDOM SELECTION PROCEDURE The selection of drivers shall be made by a scientifically valid method in accordance with Section 382.305 of the Federal Motor Carrier Safety Regulations. The Company shall require that each driver who is notified of selection shall proceed to the testing site immediately, provided however that if the driver is performing a safety-sensitive function at the time of notification, the Company shall then ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon thereafter as possible. If the Company no longer employs the selected driver, the Company must notify the consortium coordinator within ten (10) business days. Failure by the notified employee to report directly to the collection facility will be considered a refusal to test and will be reported as such to the Company. EXHIBIT B CONSORTIUM THIRD PARTY ADMINISTRATOR DRUG AND ALCOHOL TESTING PROGRAM AGREEMENT COMPANY ATTESTATION OF SECURED TRANSMISSIONS I hereby attest that I am an authorized representative of `.41 7OYVk'► 1(f.— (company name) for purposes of coordinating its drug and alcohol testing program. In this role, I understand the need for employee privacy and confidentiality of test reports. In order to provide such employee privacy and confidentiality, I attest to the fact that the fax machine and e-mail address designated to receive test reports shall be secured such that access shall be limited to those within the Company with a need to access the test reports to coordinate or administer the program. Company shall maintain records in a secure manner, so that disclosure of information to unauthorized persons does not occur. In order to comply with DOT alcohol and drug testing procedures, forms used will not state the name of the employee, but will state the employee Social Security number. Signature Date EXHIBIT C CONSORTIUM THIRD PARTY ADMINISTRATOR DRUG AND ALCOHOL TESTING PROGRAM AGREEMENT FEE SCHEDULE Management Fee 10 employees $20 per employee per year 11 — 50 employees $15 per employee per year More than 51 employees $ per employee per year DOT Audit Fee $100 (per annual audit) Drug and Alcohol Testing Fee Non-NIDA $40.00 per test NIDA $55.00 per test BAT $34.00 per test MRO Testimony $250 per hour plus reasonable costs (as needed) See— -A` _ f_e 2 1325 North Highland Avenue Aurora,IL 60506 eSti PROVENA September 30, 2004 Mercy Center Bart Olson City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Business Associate Contract Addendum Dear Mr. Olson: As you are probably aware, Congress enacted the Health Insurance Portability and Accountability Act in 1996. Its purpose is to combat fraud and abuse in health care as well as to protect the privacy and security of individual health information. Under HIPAA regulations,Provena Health is required to assure that all business associates who receive protected health information from us are committed to compliance. This letter provides a general overview of the regulations and encloses the contract language we must ask you to review, sign and return. OVERVIEW: "HIPAA compliance" is a complex topic. It currently involves compliance with: • Uniform Electronic Data Transmission Standards October 16, 2003 is the effective date for the first set of standard electronic transactions governed by HIPAA; • Privacy Standards of individually identifiable Protected Health Information April 14, 2003 is the compliance date for the Final Rule which mandates compliance with the Privacy Resolutions; • Security Standards While there is tremendous activity related to compliance with HIPAA Security Standards based upon the proposed security rules published on August 12, 1998,the fact is that there is no final rule establishing Security Standards and no compliance date has been established for implementation of Security Standards. WHAT IS THE"BOTTOM LINE": • Provena Health is committed to be fully compliant prior to the effective date of each requirement under HIPAA. • HIPAA is properly viewed as a"federal floor"regarding privacy and security of Protected Health Information. HIPAA may be exceeded by requirements of other federal laws, state laws, professional licensure requirements,and mandates of accreditation bodies. Provena Health has a long tradition of assuring the privacy and security of information related to our patients and residents. PROVENA HEALTH AS A"COVERED ENTITY"AND BUSINESS ASSOCIATE"UNDER HIPAA: HIPAA generally defines three categories of"Covered Entities"that are directly subject to HIPAA requirements: 1.)Health Care Providers", 2.)Health Care Clearinghouses and 3.)Health Plans. Generally, the relationship between Provena Health and its health care clients is that both Provena Health and the client are"Health Care Providers"that are directly covered by the HIPAA requirements. BUSINESS ASSOCIATES,TRADING PARTNERS,AND CHAIN OF TRUST: When a"Covered Entity"outsources certain functions or activities that involve the sharing of Protected Health Information from the covered entity,the third party that performs the function or activity on behalf of the Covered Entity is defined as a"Business Associate"under the HIPAA Privacy Rule. HIPAA requires"Covered Entities"to enter into"Business Associate Agreements"with each"Business Associate" to whom a covered entity provides Protected Health Information. Essentially,the Business Associate Agreement is like a confidentiality and nondisclosure agreement with respect to Protected Health Information of a Covered Entity. Enclosed for your review is Provena Health's Business Associate Addendum to be added to our existing agreement with you. As previously stated, as a covered entity,we are required to incorporate HIPAA compliance language to all existing and new contracts. Two copies of the addendum are enclosed. Please sign and return one copy in the enclosed envelope. Should you have questions,please call me at(630)801-2742 or Meghan Kieffer,Vice President,Legal Affairs at(708)478-7672. Thank you for upholding our commitment to compliance with the HIPAA regulations as well as with all federal and state statutes and regulations. Sincerely, Neil Schilling Corporate Compliance Liaison Enclosure: Business Associate Addendum(2) • HEALTH INFORMATION ADDENDUM THIS HEALTH INFORMATION ADDENDUM ("Addendum") supplements and amends that certain - •Y SC' TtAc404 ✓tisirzt..ti>r Agreement, dated , 2004, (the "Agreement"), made and entered into by and between Provena Mercy Center, 1325 N. Highland Avenue, Aurora, IL 60506 ("Provena") and 'k tLv 1 k. ("Associate") as of the Effective Date defined below (Provena and Associate each a "Party," and collectively, the "Parties"). AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt, sufficiency, and adequacy of which are hereby acknowledged, and notwithstanding anything set forth in the Agreement, Provena and Associate hereby agree as follows: 1. BACKGROUND AND PURPOSE 1.1 Provena is subject to and must comply with the provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 ("HIPAA") and all regulations promulgated pursuant to authority granted therein (collectively, and collectively with HIPAA, the "Regulations," and including, but not limited to, those set forth at 45 C.F.R. §§ 160-164 (2003), all as supplemented, replaced, and amended from time to time). 1.2 Associate constitutes a "business associate" of Provena (as such term is defined in the Regulations, see 45 C.F.R. § 160.103) and wishes to commence or continue its business relationship with Provena as provided for in the Agreement. 1.3 Associate acknowledges that Provena must comply with the Regulations and that to achieve such compliance the written agreement between Provena and Associate must contain certain satisfactory assurances that Associate will appropriately safeguard certain"protected health information" which it receives from, or creates or receives on behalf of,Provena(as such term is defined in the Regulations, see 45 C.F.R. § 160.103, and hereinafter referred to, in whole or in part, as "Protected Information"). 1.4 Provena needs the assistance of Associate, and Associate wishes to assist Provena, in achieving and maintaining such required compliance with the Regulations. 1.5 By this Addendum, Provena and Associate wish to supplement and amend the terms and conditions set forth in the Agreement so as to include provisions as required by the Regulations and to bring the business relationship between the Parties into compliance therewith. 2. USES AND DISCLOSURES OF INFORMATION 2.1. Restrictions,Limitations and Duties Associate shall in no event use or disclose Protected Information: (i) other than as permitted or required by the Agreement(including all schedules, exhibits, and attachments thereto) or this Addendum (including all such uses and disclosures as are necessary and required for Associate to fulfill its obligations pursuant to the Agreement), or as required by law; or(ii)in such a manner as would violate the Regulations (including, but not limited to, any requirement, standard, or implementation specification set forth therein) if such use or disclosure were made by Provena. Associate shall at all times use appropriate safeguards to prevent use or disclosure of Protected Information other than as provided for in PROVENA HEALTH INFORMATION SERVICES 1 CONFIDENTIAL HEALTH INFORMATION ADDENDUM FORM 040903 the Agreement or this Addendum, and shall promptly report to Provena any use or disclosure of Protected Information of which Associate becomes aware that is other than as provided for therein or herein. Associate shall ensure that any agents, including but not limited to subcontractors, to whom it provides Protected Infoiination agree to the same restrictions and conditions as apply to Associate with respect to such Protected Information (including, but not limited to, as set forth herein, in the Agreement or in the Regulations). 2.2. Accommodation of Individual Rights Associate shall make Protected Information available to individuals, and provide individuals with access to inspect and obtain a copy of the Protected Information of which each such individual is the subject, in accordance with the Regulations (see 45 C.F.R. § 164.524). Associate shall make available Protected Information for amendment, and incorporate any amendments to Protected Information, in accordance with the Regulations (see 45 C.F.R. § 164.526). Associate shall make available the Protected Information that is required to provide an accounting of disclosures to an individual in accordance with the Regulations(see 45 C.F.R. § 164.528). 2.3. Compliance Reviews Associate shall make its internal practices, books, and records relating to the use and disclosure of Protected Information available to Provena and to the secretary of the United States Department of Health and Human Services (and his or her authorized designees) in order to deteimune compliance with the Regulations and the provisions of this Addendum. 2.4. Duties Upon Termination At termination of the Agreement, to the extent feasible, Associate shall return or destroy all Protected Information that Associate then maintains in any form and Associate shall retain no copies of any Protected Information. To the extent such return or destruction of Protected Information is not feasible, Associate shall extend the protections provided by the Agreement, this Addendum, and the Regulations to such Protected Information for so long as such Protected Information is not returned or destroyed, and Associate shall limit further uses and disclosures of such Protected Information to such purposes as make return or destruction of such Protected Information infeasible. 2.5. Additional Duties of Associate Associate shall use and disclose Protected Information only as necessary to fulfill its duties and obligations under the Agreement, this Addendum, and the Regulations, and at all times in a manner that complies in all respects with the Regulations. Associate represents and warrants that Associate shall at all times when using or disclosing Protected Information, or when requesting Protected Information from any individual or entity, limit Protected Information to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request. Associate shall document and retain such documentation on all uses and disclosures of Protected Information as necessary for Associate and Provena to perform their respective duties hereunder, under the .Agreement, or with regard to the Regulations. Associate shall promptly cure any breach of violation of its or its agents', including but not limited to its subcontractors', duties or obligations with respect to Protected Information, whether set forth in the Agreement, in this Addendum, or in the Regulations, upon first becoming aware or being notified of such violation. Upon becoming aware or being notified thereof, Associate shall, at Associate's cost, take all necessary and appropriate steps to mitigate, and to cooperate with Provena in the mitigation of, any harmful effects of any use or disclosure of Protected Information made by Associate or its agents, including but not limited to its subcontractors, in violation of: (i) duties or obligations under the PROVENA MERCY CENTER 2 CONFIDENTIAL HEALTH INFORMATION ADDENDUM FORM 040903 Agreement or this Addendum; or (ii) the Regulations. Notwithstanding the foregoing, Provena may at any time it deems appropriate, in its sole discretion, intervene, direct, and control such efforts of mitigation and cooperation by Associate. Associate acknowledges such right of Provena to intervene and that any such intervention shall in no event or manner reduce or limit Associate's obligations.hereunder. 2.6. Electronic Protected Health Information With respect to electronic protected health information (as such term is defined in the Regulations, see 45 C.F.R. § 160.103) that Associate creates, receives, maintains, or transmits on behalf of Provena under the Agreement ("Electronic Protected Health Information" or "ePHI," a subset of Protected Information), Associate shall: (i) promptly and continuously implement and update - administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of ePHI; (ii) ensure that any of its subcontractors or agents to whom it provides ePHI agrees to continuously implement and update - reasonable and appropriate safeguards to protect such ePHI; and (iii) immediately report to Provena any security incident (as such term is defined in the Regulations,see 45 C.F.R. § 164.304) of which Associate becomes aware. 3. REPRESENTATIONS AND WARRANTIES Associate represents, warrants and covenants to Provena that: 3.1. Compliance with Laws Associate shall, and shall cause its agents (including, but not limited to, its subcontractors) to, at all times comply, and allow and enable Provena to comply, with all applicable laws and regulations, including,but not limited to,the Regulations. 3.2. Protection of Information Associate shall, and shall cause its agents (including, but not limited to, its subcontractors) to, at all times adhere to all material terms and in no way breach or violate any material term of the Agreement or this Addendum that pertains in any way, directly or indirectly, to Protected Information or the protection of the confidentiality thereof. 4. LIMITATION OF LIABILITY THE LIMITATION OF LIABILITY GOVERNING THIS ADDENDUM SHALL BE AS SET FORTH IN THE AGREEMENT, EXCEPT THAT THE INDEMNIFICATION PROVISIONS OF SECTION 5 HEREIN SHALL IN NO EVENT BE SUBJECT TO ANY LIMITATIONS ON THE AMOUNTS OR TYPES OF LIABILITY OR DAMAGES SET FORTH IN THE AGREEMENT, AND NO EXPRESS OR IMPLIED AGREEMENT OR ARRANGEMENT BETWEEN THE PARTIES SHALL IN ANY WAY REDUCE OR LIMIT ASSOCIATE'S LIABILITY THEREFOR. 5. INDEMNIFICATION Associate shall defend, indemnify, and hold harmless Provena, its affiliates, officers, directors, employees, and agents, from and against any claims, and shall pay all losses, damages, liabilities, claims, and actions, and all related expenses (including reasonable attorneys' fees and expenses), based on or arising out of: (i) any breach or alleged breach by Associate or any agent of Associate (including,but not limited to, subcontractors) of any duty or obligation of the Agreement or this Addendum that pertains in any way, directly or indirectly, to Protected Information or the protection of the confidentiality thereof; PROVENA MERCY CENTER 3 CONFIDENTIAL HEALTH INFORMATION ADDENDUM FORM 040903 (ii) any violation or alleged violation by Associate or any agent of Associate (including, but not limited to, subcontractors) of any applicable law or regulation, including, but not limited to, the Regulations; or (iii) any mitigation of harmful effects of a use or disclosure of Protected Information made by Associate or any agent of Associate (including, but not limited to, subcontractors) in material breach of any duty or obligation under the Agreement or this.Addendum, or in violation of any applicable law or regulation, including, but not limited to, the Regulations. 6. TERM AND TERMINATION Notwithstanding anything to the contrary in the Agreement, Provena shall have the right to immediately terminate the Agreement and this Addendum without penalty or additional fee, and Associate shall not refuse to authorize or recognize any such termination, if Provena shall, in its sole discretion, determine that Associate has violated or breached a material tei ill of the Agreement or this Addendum as pertains, directly or indirectly, to the use and disclosure of Protected Information. Associate shall reasonably cooperate in, and provide any requested services to facilitate, Provena's transition to another service provider following any such termination. This Addendum shall take effect as of the Effective Date defined below and shall in all respects thereafter, except as expressly provided otherwise herein, be coterminous with the Agreement. Except as provided in Section 7.2, the termination of the Agreement shall be deemed to terminate this Addendum. 7. MISCELLANEOUS 7.1. Independent Contractors The Parties are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Addendum, other than as may have been expressly set forth in the Agreement. 7.2. Survival The rights, duties, and obligations of the Parties, and the terms and provisions of this Addendum, which by their nature are intended to survive termination, cancellation, completion, or expiration of the Agreement or this Addendum shall survive and continue as valid and enforceable rights, duties, and obligations. 7.3. No Third Party Benefit The provisions of the Agreement and this Addendum are for the sole benefit of the Parties hereto. Except as expressly provided for in Section 2.1 herein, neither the Agreement nor this Addendum confer or shall be deemed to confer any rights, benefits, or claims upon any person or entity not a Party hereto. 7.4. Further Assurances Associate shall, and shall cause its agents (including, but not limited to, subcontractors) to, from time to time after the date hereof upon the written request of Provena, execute and deliver such further instruments and take such further actions as may be necessary and appropriate, in the sole discretion of Provena, to establish, maintain, and ensure Provena's compliance with the Regulations and all other applicable laws and regulations, as such shall be enacted, adopted,promulgated, or amended. PROVENA MERCY CENTER 4 CONFIDENTIAL HEALTH INFORMATION ADDENDUM FORM 040903 7.5. Order of Precedence In the event and only to the extent that any terms of this Addendum are in conflict with any terms of the Agreement, the terms of this Addendum shall be deemed to prevail. Except as explicitly set forth or amended above, the terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed by their duly authorized representatives as of the dates set forth below. PROVENA MERCY CENTER (Associate) By By it Title Title "I Date Date ("Effective Date") PROVENA MERCY CENTER 5 CONFIDENTIAL HRAT.TH INFORMATION ADDENDUM FORM 040903 • Standard of Business Conduct Addendum to Contract reviewed and understands Provena Health's (Provena Mercy Center) Standards of Business Conduct summary. further acknowledges and upholds Provena Health's (Provena Mercy Center) commitment to compliance with all federal and state laws and regulations. certifies that they have not been excluded from participation in Medicare/Medicaid or any other federally or state funded health care program. Date Building on the faith and INTEGRITY: We do this by: heritage of our founding 1. :tc.itpipoonrstionugr in speech and religious congregations, we -- We demonstrate the organizational beliefs as a ministry of the commit ourselves to these courage to speak and act Catholic Church. values that flow from our honestly to build trust. 2. Reflecting on mission,vision and values when making mission and our identity as a SF �' . : decisions. Catholic healthcare ministry. ' '. ' 3. Understanding and following G all laws,regulations and I t6 policies that apply to our work. . 4. Exercising good faith and honesty in all dealings and ' transactions. We do this by: I .'' ' 5. Avoiding conflicts of RESPECT: 1. Creating an environment interest,or the appearance that fosters community and fillfilAof conflicts of interest. We affirm the respects the dignity of individuality of each every person. person through fairness, 2. Involving,whenever dignity, and compassion. appropriate, people in We do this by: decisions that affect them. STEWARDSHIP• 1. Identifying and utilizing 3. Understanding and upholding individual strengths and patient/resident/employee We use our human and talents to achieve our vision. 0 ,' rights. economic resources 2. Using our physical,financial, <' 4. Protecting personal and responsibly, human and natural resources �, p professional privacy and for the benefit of our ';"4,-,,v, ,,, . with a special concern for �� confidentiality. ministries and communities. �, ' . ) 5. Encouraging open exchange the poor and vulnerable. 3. Making decisions about our of ideas,attitudes and time and work resources ... ...... __'_. —..„.`,. : concerns. that avoid waste and 6. Working with others in a duplication. spirit of teamwork. , 4. Advocating for and serving ti those who have limited . ,:,,,,,,,q. • Olti �� ?1 resources. • r. • 5. Maintaining health,safety "\ 1% and security in the ,1/4, '$f" workplace. 6. Demonstrating personal accountability and responsibility. VA% PROVENA We do this by: Health EXCELLENCE• 1. Continuously defining and attaining the highest level Pro vena Health, a Catholic health system, We achieve exceptional of quality. builds communities of healing and hope by compassionately responding to human need performance through 2. Exceeding expectations of in the spirit of Jesus Christ. continuous growth and those we serve. 3. Seeking out and } development. participating in k / opportunities for V ' individual development. ,� �.�" �,'' . --yy 4. Focusing our work on '' ,'A mak,; +t` efforts that lead to •-.- 1' " achieving organizational ., success. gar 5. Recognizing the good work . r' A and accomplishments of ',-s each other. r rA �: � ' Living Our Produced by: Values Mission Services Department Provena Health 19065 Hickory Creek Drive,#300 Mokena, IL 60448 708/478-7688 January,2003 1325 North Highland Avenue Aurora,IL 60506 WAN PROVE NA Mercy Center February 23, 2004 Scott Sleezer Parks Foreman City of Yorkville 800 Game farm Road Yorkville, IL 60560 Dear Scott, Thank you for taking the time to come out to our clinic last week. Again, I apologize for not being here, however, I am sure Terri Johnson was able to respond to your questions and concerns. Per our conversation this morning, I have enclosed information about Provena Mercy Center's Occupational Health Services, a sample DOT drug testing policy and DOT resource information. I may be reached at (630) 859-8347 if you have any immediate questions about the enclosed information. Dr. Woodward or I will be contacting you to schedule a meeting in Yorkville, to further discuss your work health and wellness needs. We look forward to partnering with the City of Yorkville to provide services for your DOT regulated employees. Healthy Regards, Terri Dressel Account Executive Occupational Health Services Enc. Provena Mercy Center Occupational Health Quote for City of Yorkville Attention: Scott Sleezer, Parks Foreman 3/11/04 DOT (for CDL holders) Preplacement Physical $40 History and Physical including vision test, assessing range of motion and spine check UA dip (urine dip) 3 Preplacement Drug Test 55 Recertification Physical (usually every 2 years) 40 Recertification UA 3 Post Accident Drug Test with MRO 55 Random Drug Test with MRO 55 Random Pool Management Fee 15 per yr. per participant Breath Alcohol Test 34 Reasonable Suspicion Drug Test with MRO 55 Non DOT Preplacement Physical $40 History and physical including vision test, Assessing range of motion and spine check Preplacement Drug Test (5 panel) with MRO 40 Breath Alcohol Test 34 Random Pool Management Fee 15 per yr. per participant Random Drug Test (5 panel) with MRO 40 Reasonable Suspicion Drug Test (5-panel) with MRO 40 Provena Mercy Center can also provide additional services such as lifting test, audiogram, executive physicals, etc. at competitive rates. Submitted By, Terri Dressel Account Executive PROVENA MERCY CEN 'FR OCCUPA 'IllONA', , ill...4 H ,FAIL: T-I SERVICES <ci-.. We've thought of everything. 0-T-• • Pre placement physicals • DOT pre placement physicals • DOT re-certification physicals • Executive physicals ),.,4 . Annual physicals •<c°1 Fitness for duty examinations • Independent medical examinations ` Random drug screening program management DOT consortium CDNon-DOT consortium • Drug testing • Medical Review Officer • Breath alcohol testing <coq • Pulmonary function tests • TB tests •p...1 Flu shots ▪ Hepatitis B titer •ii. Hepatitis B vaccine • Health risk assessment booklets • CPR, first aid,AED classes (0.) •Lop) Laboratory tests as requested Call 630-859-8347 for more information. 0 PROVENA Mercy Center 06/30/2003 10:38 FAX 5152337494 FEDERAL MOTOR a 002 1 SAMPLE POLICY FOR CARRIERS CONCERNING THE MISUSE OF ALCOHOL AND USE OF CONTROLLED SUBSTANCES All drivers, training personnel and all company employees subject to 49 CFR, Part 382 "Alcohol and Controlled Substances Testing"employed or leased to (COMPANY'S NAME)and operating Commercial Motor Vehicles shall submit to all alcohol and controlled substances tests administered in accordance with Part 382 and Part 40. Drivers are required to be in compliance during all periods of all working days. Questions concerning Federal testing regulations, policies, procedures, educational materials and company policy(s) should be directed to (Name of Company's Designated Employer Representative). SAFETY-SENSITIVE FUNCTIONS Means all the time from the time a driver begins to work or is required to be in readiness to work until he/she is relieved from work and all responsibilities for performing work for the employer. PROHIBITED DRIVER CONDUCT (Subpart B) 1. No driver shall report for duty or remain on duty while: (a) Having an alcohol concentration of 0.04 or greater. (b) Possessing alcohol (unless it is manifested and transported as part of a shipment). (c) Using alcohol in any form(Alcohol is defined as "any beverage,mixture, or preparation, including any medication containing alcohol)." (d) Using alcohol within 4 hours of reporting for duty. (e) Use of alcohol for 8 hours following an accident, or until undergoes a Post-Accident test, whichever occurs first. (f) Refuse to submit to any required alcohol or controlled substances testing. (g) Using any controlled substances. (h) After testing Positive for controlled substances. (Employer must inform employees of their Policy on driver conduct and state so in their Policy: such as "Company Policy is to terminate all drivers engaging in any of the above Prohibited Conduct"). TESTING PROCEDURES UNDER GUIDELINES OF PART 40 Controlled substances testing will be performed using urine specimen with split specimen collection conducted. Alcohol screen testing may be conducted using salvia swabs or breath for detection of alcohol. All confirmation alcohol testing shall involve the collection of breath and testing by an evidential breath testing device (EBT). The EBT will provide immediate results with the driver and the employer receiving a copy of the breath test results. Analysis of urine specimens is conducted in accordance with Part 40 standards to ensure validity, accuracy and confidentially for the driver. Only Department of Ilealth and Human Services(DHHS) approve laboratories shall be used to test the urine specimen. All collections of urine specimen and breath samples are conducted by individuals trained according to DOT rules in 49 CFR, Part 40 regulations. 06/30/2003 10:38 FAX 5152337494 FEDERAL MOTOR [6003 2 CIRCUMSTANCES UNDER WHICH A DRIVER WILL BE TESTED FOR ALCOHOL AND OR CONTROLLED SUBSTANCES 1. PRE-EMPLOYMENT TESTING.Prior to performing safety-sensitive functions an applicant/driver shall undergo a pre-employment controlled substances test and a negative results shall be received by the employer before the driver performs any safety-sensitive functions. 2. POST-ACCIDENT TESTING. Any driver involved in an accident in which there is a fatality shall submit to alcohol and controlled substances testing. Any driver who receives a citation for a moving traffic violation arising from an accident and with either event of(1)the accident resulted in bodily injury requiring immediate medical treatment away from the accident and/or(2)one or more vehicles received disabling damages in the accident requiring vehicle(s) to be transported or towed from the scene shall cause the driver to be tested for alcohol and controlled substances. 3. RANDOM TESTING. Every driver shall submit to random alcohol and controlled substances testing when selected.A sufficient number of drivers shall be randomly selected by a scientifically valid method during a calendar year for alcohol and controlled substances testing to meet the minimum Federal requirements for testing. Each time the selection process is conducted each driver shall have an equal chance of being selected for testing. Upon notification of being selected for testing the selected individual shall proceed immediately to a collection site. Alcohol random tests will only be conducted while the driver is on duty,just before going on duty or just after having been on duty. 4. REASONABLE SUSPICION TESTING. A driver shall submit to alcohol and controlled substances testing when an employer has reasonable suspicion to believe that a driver has violated the prohibitions of Subpart B. The employer's determination for reasonable suspicion testing must be based on specific observations concerning the appearance,behavior, speech or body odors of the driver. 5. RETURN TO DUTY AND FOLLOW-UP TESTING. An employer who has a non-retention policy, shall advise the driver of resources available for evaluation and treatment. If the employer retains positive tested driver(s) the employer and the driver shall be required to follow the prescribed procedures of CFR Part 40, Subpart 0 for referral, evaluation and treatment for rehabilitation.The employer shall refer the driver to a Substance Abuse Professional(SAP)for evaluation, who will prescribe treatment with the employer determining when the driver shall undergo a return-to-duty testing with negative test results received prior to performing safety sensitive functions and the required minimum six (6) follow-up tests spread over the next twelve (12)months. There may be additional testing required for the driver if the SAP determines a need. -,� • (If the employer has a non-retention policy for positive tested drivers they must state so hi-their Policy and treat all drivers the same.) 06/30/2003 10:39 FAX 5152337494 FEDERAL MOTOR 004 3 ALCOHOL TESTING • INITIAL SCREENING TEST. Method used to detect the presence of alcohol. If the result is less than 0.02 no further testing is required and the test will be considered a negative test. • CONFIRMATION TEST. When a screen test detects the presence of alcohol between 0.02 and 0.399 a confirmation test is required.If the confirmation test confirms alcohol concentration for alcohol between 0.02 and 0.399 a driver cannot drive a Commercial Motor Vehicle for 24 hours per Federal regulations. A confirmed alcohol concentration test results of 0.04 or greater is a positive test and the driver shall be removed from safety-sensitive functions. (What transpires next depends on employer's policy-- either termination or rehabilitation following criteria of CFR Part 40 Subpart 0—sent to a substance abuse professional for evaluation and treatment with return to duty test and follow-up testing for driver). CONTROLLED SUBSTANCES TESTING 1. At least 45 ml. Of urine specimen is collected from the driver. The urine specimen is split into two containers (Specimen A, Specimen B)which are individually sealed in the presence of the driver. The urine specimen shall only be tested for marijuana, cocaine, opiates, amphetamines and phencyclidine per Part 40 guidelines. 2. The urine specimens (both containers) are sent to a Department of Health and Human Services certified laboratory where Specimen A is tested for the presence of controlled substances. If the presence of a controlled substances is detected a confirmation test is conducted to confirm the detected controlled substances and its quantitative level(s). If the amount of confirmed controlled substances is at the quantitative cutoff levels the specimen is deemed a positive test. A Medical Review Officer(MRO)will discuss your positive test results with you. Failure on your part to discuss your test results with a MRO will lead to the MRO declaring your test a confirmed positive test result You have the right to challenge the positive test results of your Specimen A. However, only Specimen B will be tested and will only be tested for the presence of the controlled substances confirmed positive in Specimen A.. (What transpires next depends on employer's policy --- either termination.,or rehabilitation following criteria of CFR Part 40 Subpart 0 — sent to a substance abuse professional for evaluation and treatment with return to duty test and follow-up testing for driver). 06/30/2003 10:39 FAX 5152337494 FEDERAL MOTOR IJ 005 4 REFUSAL TO SUBMIT TO TESTING No driver shall refuse to submit to a required alcohol or controlled substances test administered in accordance with Part 382 and Part 40. A refusal on a driver's part to submit to testing shall be treated as a positive test and result in the driver being removed from safety-sensitive functions by the employer. "Refusal to Submit"means a driver did one of the following: 1. Fail to appear for any test. 2. Fail to remain at testing site until the testing process is complete. 3_ Fail to provide a urine specimen, saliva or adequate breath for any drug test required by DOT agency regulations. 4_ Fail to permit a direct or monitored collection observation of specimen provision when directed to do so_ 5. Fail to provide a sufficient amount of urine or adequate breath when directed and it has been determined,through a required medical evaluation; there is no adequate medical explanation for your failure. 6. Fail or decline to take a second test the employer or collector has directed you to take. 7. Fail to undergo a medical examination or evaluation when directed to do so by a Medical Review Officer as part of the verification process or as directed by the employer's Designated Employer Representative (DER) as part of the"Shy Bladder"procedures. 8. Fail to cooperate with any part of the testing process. (a.)Refuse to empty pockets when directed (b.)Behave in a manner which disrupts collection process. (c.)Medical Review Officer(MRO)reports your test as a verified adulterated or substituted test results, you have refused to take a drug test. As an employee, if you refuse to take a drug or alcohol test,you incur the consequences specified under DOT agency regulations for a violation of those DOT agency regulations. You are subject to the requirements of CFR Part 40, Subpart 0,which requires a Substance Abuse Professional (SAP) evaluation and treatment.You cannot perform safety sensitive functions (operate a commercial motor vehicle)until the SAP process is complied with on your part. REFERRAL, EVALUATION AND TREATMENT Each driver who has engaged in conduct prohibited by Subpart B of Part 382 and in violation Part 40 shall be advised of the resources available in evaluating and resolving problems associated withthe Misuse of alcohol and the use of controlled substances, including names, addresses and telephone numbers of substance abuse professionals (SAP), counseling services and treatment programs. This list may be provided by the employer, through a C/TPA (consortium/third party administrator), or other service agent. (If the company has a retention policy for drivers who test positive, the policy should state who is responsible for paying for evaluation,treatment and required testing). THE EFFECTS OF ALCOHOL AND DRUGS See Attached Educational Materials on Etfects of Alcohol Abuse and Controlled Substances Use. 06/30/2003 10:39 FAX 5152337494 FEDERAL MOTOR a006 5 THE EFFECTS OF ALCOHOL & DRUGS The intent of this section is to inform you on the effects of alcohol and controlled substances use on your health,work and personal life. We will give you information on the signs and symptoms of alcohol and/or controlled substances problems. This will help you recognize problems with not only your co-workers and friends, but also will help you examine your own behaviors. EFFECTS OF ALCOHOL Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation during social gatherings. However, when consumed primarily for its physical and mood-altering effects,it is a substance of abuse. As a depressant, it slows down physical responses and progressively impairs mental functions. SIGNS AND SYMPTOMS OF USE- • Dulled mental processes • Lack of coordination • Odor of alcohol on breath • Possible constricted pupils • Sleepy or stuporous condition • Slowed reaction rate • Slurred speech (NOTE: Except for the odor,these are general signs and symptoms of any depressant substance.) HEALTH EFFECTS- The chronic consumption of alcohol (average of three servings per day of beer [12 ounces],whiskey [1 ounce], or wine [6 ounces glass]) over time may result in the following health hazards: 1. Decreased sexual functioning 2. Dependency (up to 10 percent of all people who drink alcohol become physically 3. and be mentally dependent on alcohol and can be termed`alcoholic') 4_ Fatal liver diseases 5. Increased cancers of the mouth,tongue, pharynx, esophagus,rectum,breast, and malignant 6_ melanoma 7. Kidney disease 8. Pancreatitis 9. Spontaneous abortion and neonatal mortality 10. Ulcers 11. Birth defects (up to 54 percent of all birth defects are alcohol related). 06/30/2003 10:39 FAX 5152337494 FEDERAL MOTOR 11007 6 PUBLIC HEALTH RECOMMENDATIONS -ALCOHOL The best advice for pregnant women is to abstain form alcohol consumption during pregnancy.There is no evidence to establish and alcohol consumption level free of risks to the fetus. Women who breast-feed should continue to abstain from drinking alcohol until their babies are weaned. Alcohol readily enters breast milk and heavy alcohol consumption has been shown to reduce lactation. Nine stales and 18 cities/counties require that signs warning of the dangers of drinking during pregnancy be posted wherever alcoholic beverages are served or sold. THE 9 SIGNS OF ALCOHOLISM: 1. Increase in alcohol tolerance. T can drink them under the table." 2. Occasional or partial memory lapses. "Did T really do that last night?" 3. Drinking beyond one's intentions. "Boy did I get smashed! I should have eaten something." 4. Increased dependence on alcohol. "I can't wait...got to have a quickie." 5. Sneaking drinks. "I needed that extra one...who's to know?" 6. Preoccupation with alcohol. "Election day tomorrow...better pick up a bottle.' 7. Resentful whenever one's drinking is discussed. "It's none'of their business.. .I can handle it." 8. Futile, frustrating water-wagon attempts. "This time I've just got to do it...Tust got to!" 9. Rationalizing loss of control. ' ' "if they had my problems, they'd drink too!" • SOCIAL ISSUES -ALCOHOL • Two-thirds of all homicides are committed by people who drink prior to the crime • Two to three percent of the driving population is legally drunk at any one time. • Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during . their lifetimes. • The rate of separation and divorce in families with alcohol dependency problems is 7 times the average. • Forty percent of family court cases are alcohol problem related. • Alcoholics are 15 times more likely to commit suicide than are other segments of the population. 06/30/2003 10: 40 FAX 5152337494 FEDERAL MOTOR a1008 7 • More then 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and • 76 percent of private aircraft accidents are alcohol related. THE ANNUAL TOLL- • 24,000 people will die on the highway due to the legally impaired driver. 12,000 more will die on the highway due to the alcohol-affected driver. • 15,800 will die in non-highway accidents. • 30,000 will die due to alcohol-caused liver disease. 10,000 will clic due to alcohol-induced brain disease or suicide. • Up to another 125,000 will die due to alcohol-related conditions or accidents. WORKPLACE ISSUES- • It takes one hour for the average person (150 pounds)to process one serving of an alcoholic beverage from the body. • Impairment in coordination and judgement can be objectively measured with as little as two drinks in the body. • A person who is legally intoxicated is 6 times more likely to have an accident than a sober person. ALCOHOL-RELATED BIRTH DEFECTS Definitions- Fetal Alcohol Syndrome (FAS)is one or the top three'mown causes of birth defects with accompanying mental retardation-and the only preventable cause among those three. FAS can be prevented by abstaining form alcohol consumption during pregnancy.FAS is characterized by a cluster of congenital birth defect that develop in infants of some women who drink heavily during pregnancy.These defects include prenatal and postnatal growth deficiency; facial malformations such as a small head circumference, flattened mid-face, sunken nasal bridge and flattened and elongated philtrum; central nervous system dysfunction; and varying degrees of major organ system malformations. Fetal Alcohol Effects (FAE), a less severe version of FAS,is characterized by milder or less frequent FAS signs. Low birth weight, subtle behavioral problems or a partial display of , physical malformations, for example, may be seen in the newborns of women who consumed less alcohol during pregnancy then women with FAS newborns. INCIDENCE AND RISK FACTORS- Nearly 5,000 babies-one in every 750-are born with FAS every year. (FAS prevalence rates range form one in 1,000 to one in 200.) Comparatively. FAE may affect 36,000 newborns each year. One in six women in the peak childbearing years of 18-34 may drink enough, either chronically or episodically, to present a hazard to an unborn infant. Alcoholic women are at highest risk of bearing children with FAS. Alcoholism is a primary, chronic disease often progressive and fatal.It is characterized by impaired control over drinking,preoccupation with alcohol,use of alcohol despite adverse consequences and distorted thinking (most notably denial). 06/30/2003 10:40 FAX 5152337494 FEDERAL MOTOR Z009 8 FAS is prevalent in 9.8 of every 1,000 American Indians form a particular high-risk culture. Other American Indian populations have rates ranging from 1.3 to 10.3 for every 1,000. A daily average of one to two reported drinks is linked to decreased birth weight, growth abnormalities and behavioral problem in the newborn and infant. Increased risk of spontaneous abortion has been found at an even lower dose, of one to two drinks weekly. The probability of having a child with FAS or FAB increases with the amount and frequency of alcohol consumed_Whenever a pregnant woman stops drinking, she reduces the risks of FAE and the consequences of alcohol exposure. There is no known safe dose of alcohol during pregnancy,nor does there appear to be safe item to drink during pregnancy. Although 90 percent of the public is aware that drinking during pregnancy may damage the fetus,one study showed that one-third of women interviewed believed that drinking more than three drinks a day during pregnancy was safe. ECONOMIC FACTORS- Assuming a conservative estimate of one FAS newborn for every 1,000 live births in 1980,it cost approximately$14.8 million to treat them; $670 million to treat the 68,000 FAS children under 18; and$760 million to treat 160,000 FAS adults.Plus, indirect productivity losses were$510.5 million. Women are now heavily targeted for marketing alcoholic beverages. (Women will spend$30 billion on alcoholic beverages in 1994, up from$20 billion in 1984.) ALCOHOL'S TRIP THROUGH TUE BODY Mouth and Esophagus: Alcohol is an irritant to the delicate linings of the throat and food pipe. It burns as it goes down. Stomach and Intestines: Alcohol has an irritating effect on the stomach's protective lining,resulting in gastric or duodenal ulcers. This condition,if it becomes acute, can cause peritonities,or perforation of the stomach wall. In the small intestine, alcohol blocks absorption of such substances as thiamine, folic acid, fat, vitamin B, , vitamin B.-, and amino acids. Bloodstream: 95% of the alcohol taken into the body is absorbed into the bloodstream through the lining of the stomach and duodenum. once in the bloodstream, alcohol quickly goes every cell and,tissue in the body_ Alcohol causes red blood cells to clump together in sticky wads, slowing circulation and depriving tissues to oxygen. It also causes anemia by reduction of red blood cell production. Alcohol slows the ability of white cells to engulf and destroy bacteria and degenerates the clotting ability of blood platelets. Pancreas: Alcohol irritates the cells of the pancreas, causing them to swell,thus blocking the flow of digestive enzymes. The chemicals, unable to enter the small intestine,begin to digest the pancreas,leading to acute hemorrhagic pancreatitis. One out of five patients who develop this disease dies during the first attack.Pancreatitis can destroy the pancreas and cause a lack of insulin thus resulting in diabetes. Liver: Alcohol inflames the cells of the liver, causing them to swell and block the tiny canal to the small intestines. This prevents bile from being filtered properly through the liver. Jaundice develops,turning the whites of the eyes and skin yellow. Each drink of alcohol increases the number of live cells destroyed, eventually causing cirrhosis of the liver. This disease is eight times more frequent among alcoholics than among non-alcoholics. 06/30/2003 10:40 FAX 5152337494 FEDERAL MOTOR Cjo10 9 Heart: Alcohol causes inflammation of the heart muscle. It has a toxic effect on the heart and causes increased amounts of fat to collect, thus disrupting its normal metabolism. Urinary Bladder and Kidneys: Alcohol inflates the lining of the urinary bladder making it unable to stretch properly. In the kidneys, alcohol causes increased loss of fluids through its irritating effect. Sex Glands: Swelling of the prostate gland caused by alcohol interferes with the ability of the male to perform sexually. It also interferes with he ability to climax during intercourse. Brain: The most dramatic and noticed effect of alcohol is on the brain. It depresses brain centers,producing progressive un-coordination: confusion, disorientation, stupor, anesthesia, coma, death. Alcohol kills brain cells and brain damage is permanent.Drinking over a period of time causes loss of memory,judgement and learning ability. EFFECTS OF DRUGS: MARIJUANA Marijuana is one of the most misunderstood and underestimated drugs of abuse.People use marijuana for the mildly tranquilizing and mood and perception altering effects it produces. Marijuana does not depress central nervous system altering the proper interpretation of incoming messages. DESCRIPTION- Usually sold in plastic sandwich bags,leaf marijuana will range in color from green to light tan. The leaves are usually dry and broken into small pieces...The seeds are oval with one slightly pointed end.Less prevalent,hashish is a compressed, sometimes tar-like substance ranging in color from pale yellow to black. It is usually sold in small chunks wrapped in aluminum foil. Marijuana has a distinctly pungent aroma resembling a combination of sweet alfalfa and incense. Cigarette papers,roach clip holders and small pipes made of bone,brass or glass are commonly found. Smoking"bongs" (large bore pipes for inhaling large volumes of smoke) can easily be made from soft drink cans and toilet paper rolls. SIGNS AND SYMPTOMS OF USE- •• Reddened eyes (often masked by eye drops) • Slowed speech • Distinctive odor on clothing • Lackadaisical. "I don't care"attitude • Chronic fatigue and lack of motivation • Irritating cough, chronic sore throat HEALTH EFFECTS- MARIJUANA When marijuana is smoked, it is irritating to the lungs. Chronic smoking causes emphysema-like conditions_ One cigarette (joint) of marijuana contains cancer causing substances equivalent to one-half pack of cigarettes. One joint causes the heart to race and be overworked. People with undiagnosed heart conditions are at risk. 06/30/2003 10: 41 FAX 5152337494 FEDERAL MOTOR (j011 10 Marijuana is commonly contaminated with the fungus Aspergillus,which can cause serious respiratory tract and sinus infections. Marijuana smoking lowers the body's immune system response, malting user more susceptible to infection. The U.S. governmentis actively researching a possible connection between marijuana smoking and the activation of AIDS in positive human immunodeficiency virus (HkV)carriers. Chronic smoking causes changes in brain cells and brain waves. In essence,the brain is less healthy and does not work as efficiently or effectively. Does long term brain damage occur?More research is required, but the probable answer is yes. PREGNANCY PROBLEMS AND BIRTH DEFECTS- The active chemical, tctrahydrocannabinol (THC), and 60 other related chemicals in marijuana concentrate in the ovaries and testes, decrease in the sex homione, testosterone, and an increase in estrogen,the female sex hormone. The result can lead to temporary sterility. Pregnant women who are chronic marijuana smokers have a higher than normal incidence of stillborn births, early termination of pregnancy, and higher infant mortality rate during the first few days of life. In test animals, THC causes birth defects, including malformations of the brain, spinal cord, forelimb and liver, and water on the brain or spine. Offspring of test animals who were exposed to marijuana have fewer chromosomes than normal, causing gross birth defects or death of the fetus. Pediatricians and surgeons are concluding that the use of marijuana by either or both parents, especially during pregnancy,leads to specific birth defects of the infant's feet and hands. One of the most common effects of prenatal cannabinoid exposure is underweight newborn babies. Fetal exposure may decrease visual functioning and causes other ophthalmic problems. MENTAL FUNCTION-Regular use can cause the following effects: • Delayed decision making • Diminished concentration • Impaired short-term memory, interfering with learning • Impaired signal detection(ability to detect a brief flash of light),anisk:for users who are • operating machinery • Impaired tracking(the ability to follow moving objects with the eyes) and visual distance • measurements • Erratic cognitive function • Distortions in time estimation • long term negative effects on mental function known as"acute brain syndrome: which is • characterized by disorders in memory, cognitive function, sleep patterns and physical condition. 06/30/2003 10:41 FAX 5152337494 FEDERAL MOTOR 421 012 11 ACUTEIOVERDOSE EFFECTS-MARIJUANA • Aggressive urges • Anxiety • Confusion • Fearfulness • Hallucinations • Heavy sedation • Immobility • Mental dependency • Panic • Paranoid reaction • Unpleasant distortion in body image WORKPLACE ISSUES- The active chemical. THC, is stored in body fat and slowly releases over time.Marijuana smoking has a long-term effect on performance. A 500 to 800 percent increase in THC potency in the past several years makes smoking three to five joints a week today, equivalent to 15 to 40 joints a week in 1978. Combining alcohol or other depressant drugs and marijuana can produce a multiplied effect, increasing the impairing effects of both the depressant and marijuana. EFFECTS OF DRUGS: COCAINE Cocaine is used medically as a local anesthetic. It is abused as a powerful physical and mental stimulant. The entire central nervous system is energized. Muscles are more tense, the heart beats faster and stronger, and the body bums more energy_ The bran experiences an exhilaration caused by a large release of eurohonnones associated with mood elevation. DESCRIPTION- The source of cocaine is the coca bus, grown almost exclusively in the mountainous regions ofnorthem South America. Cocaine Hydrochloride-"snorting coke" is a white to creamy granular or lumpy powder that is chopped into a line powder before use. ft is snorted into the nose,rubbed on the gums or injected in veins. The effect is felt within minutes and lasts 40 to 50 minutes per"line" (about 60 to 90 milligrams). Common paraphernalia includes a single-edge razor blade and a small mirror or piece of smooth metal, a half straw or metal tube, and a small screw-cap vial or folded paper packet containing the cocaine. DESCRIPTION - COCAINE Cocaine Base-"rock, crack or free base"is a small crystalline rock about the size of a small pebble. It boils at a low temperature, is not soluble in water, and is up to 90 percent pure. It is heated in a glass pipe and the vapor is inhaled. The effect is felt within seven seconds. Common paraphernalia includes a within seven seconds.Common paraphernalia includes a"crack pipe"(a small glass smoking device for vaporizing the crack crystal) and a lighter, alcohol lamps or small butane torch for heating. 06/30/2003 10:41 FAX 5152337494 FEDERAL MOTOR 1013 12 SIGNS AND SYMPTOMS OF USE- • Financial problems • Frequent and extended absences from meetings or work assignments • Increased physical activity and fatigue • Isolation and withdrawal from friends and normal activities • Secretive behaviors, frequent non business visitors, delivered packages,phone call • Unusual defensiveness, anxiety, agitation • Wide mood swings • Runny or irritated nose • Difficulty in concentration • Dilated pupils and visual impairment • Restlessness • Formication(sensations of bugs crawling on skin) • High blood pressure,heart palpitations and irregular rhythm • Hallucinations • Hyper excitability and overreaction to stimulus • Insomnia • Paranoia and hallucinations • Profuse sweating and dry mouth • Talkativeness HEALTH EFFECTS- Research suggest that regular cocaine use may upset the chemical balance of the brain_ As a result, it may speed up the aging process by causing irreparable damage to critical nerve cells. The onset of nervous system illnesses such as Parkinson's disease could also occur. Cocaine use causes the heart to beat faster and harder and rapidly increases blood pressure.In addition, cocaine causes spasms of blood vessels in the brain and heart. Both effects lead to ruptured vessels causing strokes and heart attacks. Strong psychological dependency can occur with one"hit" of. crack. Usually,mental dependency occurs within days(crack) or within several months (snorting coke). Cocaine causes the strongestmental dependency of any know drug. HEALTH EFFECTS- COCAINE Treatment success rates arc lower than for other chemical dependencies. Cocaine is extremely dangerous when taken with depressant drugs.Death due to overdose is rapid.The fatal effects of an overdose are usually not reversible by medical intervention. The number of cocaine overdose deaths has tripled in the last four years. Cocaine overdose was the second most common drug emergency in 1986,up from 11thplacein 1980. 06/30/2003 10: 42 FAX 5152337494 FEDERAL MOTOR a014 13 WORKPLACE ISSUES- Extreme mood and energy swings create instability. Sudden noises can cause a violent reaction. Lapses in attention and ignoring warning signals greatly increase the potential for accidents. The high cost of cocaine frequently leads to workplace theft and or dealing. A developing paranoia and withdrawal create unpredictable and sometimes violent behavior. Work performance is characterized by forgetfulness, absenteeism, tardiness and missed assignments. EFFECTS OF DRUGS: OPIATES Opiates are narcotic drug that alleviate pain, depress body functions and reactions and, when taken in large doses, cause a strong euphoric feeling. DESCRIPTION- Natural and natural derivatives -opium,morphine, codeine and heroin Synthetics-meperidine(Demerol), oxymorphone(Nurnorphan)and oxycodone(Percodan) May be taken in pill form, smoked or injected depending upon the type of narcotic used. SIGNS AND SYMPTOMS OF USE - • Mood changes • Impaired mental functioning and alertness • Constricted pupils • Depression and apathy SIGNS AND SYMPTOMS OF USE- OPIATES • Impaired coordination • Physical fatigue and drowsiness • Nausea, vomiting and constipation HEALTH EFFECTS- • IV needle users have a high risk for contracting hepatitis and AIDS due to the sharing of needles. Narcotics increase pain tolerance. As a result,people could more severely injure themselves or fail to seek medical attention after an accident due to the lack of pain sensitivity. Narcotics' effects are multiplied with use in combination with other depressant drugs and alcohol, causing increased risk for an overdose. WORKPLACE ISSUES- Unwanted side effects such as nausea, vomiting, dizziness, mental clouding and drowsiness place the legitimate user and abuser at higher risk for an accident. Narcotics have legitimate medical use in alleviating pain.Workplace use may cause impairment of physical and mental function. 06/30/2003 10:42 FAX 5152337494 FEDERALMOTOR 1Z1015 14 EFFECTS OF DRUGS: AMPHETAMINES Amphetamines are central nervous system stimulants that speed up the mind and body.The physical sense of energy at lower doses and the mental exhilaration of higher doses are the reasons for their abuse. Although widely prescribed at one time for weight reduction and mood elevation, the legal use of the amphetamines is now limited to a very narrow range of medical conditions.Most amphetamines that are abused are illegally manufactured in foreign countries and smuggled into the U.S. or clandestinely manufactured in crude laboratories. DESCRIPTION- Amphetamine ("speed")is sold in counterfeit capsules or as white,flat,double scored"mini bennies". It is usually taken by mouth. Methamphetamine("meth," "crank," or"crystal")is nearly identical in actin to amphetamine. It is often sold as a creamy, white and granular powder or in lumps and is packaged in aluminum foil wraps or sealable plastic bags.Methamphetamine may be taken orally, injected or snorted into the nose. SIGNS AND) SYMPTOMS OF USE-AMPHETAMINES • Hyper excitability,restlessness • Dilated pupils • Increased heart rate and blood pressure • Heart palpitations and irregular beats • Profuse sweating • Rapid respiration • Confusion • Panic • Talkativeness • Inability to concentrate HEALTH EFFECTS- Regular use produces strong psychological dependence and increasing tolerance to drug. High doses may cause toxic psychosis resembling schizophrenia. Intoxication may induce a heart attack or stroke due to spiking of blood pressure. Chronic use may cause heart and brain damage due to severe constriction of capillary blood vessels. The euphoric stimulation increases impulsive and risk taking behavior,including bizarre and violent acts. Withdrawal from the drug may result in severe physical and mental depression. WORKPLACE ISSUES- Since amphetamines alleviate the sensation of fatigue, they may be abused to increase alertness because of unusual overtime demands or failure to get rest. Low dose amphetamine use will cause a short term improvement in metal and physical functioning.With greater use or increasing fatigue the effect reverses and has an impairing effect.Hangover effect is characterized by physical fatigue and depression,which make operation of equipment or vehicles dangerous. 06/30/2003 10:42 FAX 5152337494 FEDERAL MOTOR 1r3j016 15 EFFECTS OF DRUGS; PHENCYCLIDINE (PCP) Phencyclidine (PCP)was originally developed as an anesthetic,but the adverse side effects prevented its use except as a large animal tranquilizer.Phencyclidine acts as both a depressant and a. hallucinogen, and sometimes as a stimulant.It is abused primarily for its variety of mood altering effects. A low dose produces sedation and euphoric mood changes. The mood can change rapidly from sedation to excitation and agitation.Larger doses may produce a coma-like condition with muscle rigidity and a blank stare,with the eyelids half closed. Sudden noises or physical shocks may cause a"freak out"in which the person has abnormal strength,extremely violent behavior, and an inability to speak or comprehend communication DESCRIPTION- PCP is sold as a creamy, granular powder and often packaged in one inch square aluminum foil or folded paper"packets." It may be mixed with marijuana or tobacco and smoked.It is sometimes combined with procaine, a local anesthetic,and sold as imitation cocaine. SIGNS AND SYMPTOMS OF USE- • Impaired coordination • Severe confusion and agitation • Extreme mood shift • Muscle rigidity • Nystagmus (jerky eye movements) • Dilated pupils • Profuse sweating • Rapid heartbeat • Dizziness HEALTH EFFECTS- The potential for accidents and overdoes emergencies is high due to the extreme mental effects combined with the anesthetic effect on the body. The potential for accidents and overdose emergencies is high due to the extreme mental effects combined with the anesthetic effect on the body. PCP is potentiated by other depressant drugs, including alcohol, increasing the likelihood of an.overdose reaction. Mis-diagnosing the hallucinations as LSD induced, and then treating with Thorazine, can cause a fatal reaction. Use can cause irreversible memory loss,personality changes, and thought disorders. WORKPLACE ISSUES—PHENCYCLIDINE (PCP) PCP abuse is less common today then in recent years. It is also not generally used in a workplace setting because of the several disorientation that occurs. There are four phases to PCP abuse_ The first phase is acute toxicity. It can last up to three days and can include combativeness, catatonia, convulsions and coma. Distortions of size, shape and distance perception are common. The second phase, which does not always follow the first, is a toxic psychosis.Users may experience visual and auditory delusions,paranoia and 06/30/2003 10:43 FAX 5152337494 FEDERAL MOTOR 017 16 agitation.The third phase is a drug induced schizophrenia that may last a month or longer. The fourth phase is PCP induced depression. Suicidal tendencies and mental dysfunction can last for months. ALCOHOL AND DRUGS: METHODS OF INTERVENTION Whenever you are put into a position where you come in contact with someone who you believe is under the influence of drugs or alcohol,you must make a choice. The choice is whether you do nothing and hope for the best or do something about the situation.You must realize that if a person is under the influence and you choose to do nothing,you also could become responsible for the acts of the person under the influence. It's kind of like being an accessory to a crime.Maybe all you did was driver the car,you didn't actually rob the bank, but you would still be held accountable for having knowledge of the violation. Therefore if you are put into a situation where you believe someone is under the influence, you must act. There are few options on what you must do.First of all,never let the person perform any work related duties.You must confront the person. Anything they do could effect you. Get them to give you the keys and get them away from any functions.Next,you must contact your employer and report what you have witnessed to a supervisor. The employer's management will take necessary actions to ensure that the person is not risking injury to themselves or to the public. If, at some point, you become concerned that you are using or abusing alcohol or drugs and would like to get help and counseling, you will be referred to those agencies who can assist you with your problem. You must come forward to your employer with your problem before you are found to have a positive alcohol or controlled substances test. At that time you would have to complete a rehabilitation program and agree to submit to future unannounced alcohol or controlled substances tests to assure the company that you have successfully controlled your problem. The most important thing to remember when it comes to intervention, whether it's your coworker or yourself,is that these measures were put into place to ensure safety in your work environment for all employees and the public_ IN SEARCH OF EXCELLENCE Provena Mercy Center Occupational Health Services delivers exceptional quality by balancing the needs of the employer and the employee. We believe that the best medicine for maintaining a healthy workforce and a strong bottom line is an OHS partnership, which provides cost effective medical care with the highest quality of patient care. We offer your company: EXPERT MEDICAL CARE: • Medical staff experienced in all facets of occupational health and dedicated to providing the best possible medical care for your employees. • Our staff specializes in the practice of occupational medicine. COST SAVINGS: • A return-to-work philosophy that enables employers to reduce lost time and minimize total worker's compensation cost. • Timely, prompt service in the clinic with after hours service available in the Emergency Department. • Competitive, market driven pricing that focuses on the employer's bottom line. • Billing customized to specifications, minimizing paperwork and simplifying reimbursement. • Injury assessment and treatment by qualified clinicians in patient friendly environments 24 hours a day, seven days a week. RETURN TO WORK: • Prompt, expert injury treatment and rehabilitation services with an aggressive return-to-work philosophy. • All referrals for injuries and illnesses requiring a specialist for evaluation and/or treatment are handled within the Occupational Health clinic. These appointments are 'fast tracked"so that a definitive diagnosis and treatment plan can be quickly established. • Our specialists understand your needs, and they assist us in determining causality while keeping surgery to a minimum and therapy to only the number of visits needed. OCCUPATIONAL HEALTH SERVICES Injury Gare and Follow-Up Treatment • Initial injury care and diagnosis • Injury follow-up and updated status report • Rehabilitation services for worker's compensation injuries • Referral to specialty physicians and services • Same day physician reports • On-site physician consultation regarding causality Physical Examinations • Pre-placement • • Department of Transportation (D.O.T.) • Return to work • Executive • Annual and periodic evaluations • Fitness for duty • Independent Medical Exams (IME) Tests & Screenings • Drug and hair screening, which includes screening for adulterants • Blood and breath alcohol performed by certified technicians • Full radiology & laboratory testing • Spirometry and audiology services performed by certified technicians DRUG TESTING SERVICES • 5,6,8,and 10 panel non-DOT urine screens • Nida 5 panel urine drug screen (DOT) • Specimen collection services • Express screens TESTS INCLUDE: • GCMS confirmation on all positive results • Chain of custody collection procedures • 24 hour results • MRO services • Federally approved testing laboratory All employees are required to have a photo I.D. at the time of the test. HEALTH MANAGEMENT & WELLNESS In partnership with our client companies, Provena Mercy Center Occupational Health Services lays the foundation for a healthier, more productive and retainable workforce. Our health management and wellness services cater to employees of all ages and support healthy lifestyles. Programs are customized to meet client needs. Specialized offerings include: • ADA compliant job descriptions • Back school • CPR training • Diabetes screenings • Smoking cessation • Blood pressure screenings • Flu vaccine & Hepatitis B series • Blood-borne pathogen training • First aid training • Worksite evaluation • Spirometry baseline screens • Corporate health fairs • Supervisor training for drug and alcohol abuse • Employee Assistance Programs • Physical exams • Workplace ergonomic evaluations • Executive health and wellness initiatives • Stress management • Recognition and prevention of violence in the workplace • On-site physician