Public Works Packet 2018 07-17-18
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, July 17, 2018
6:00 p.m.
City Hall Conference Room
800 Game Farm Road, Yorkville, IL
Citizen Comments:
Minutes for Correction/Approval: June 19, 2018
New Business:
1. PW 2018-65 Capital Improvement Projects Update
2. PW 2018-66 Bond/LOC Reduction Quarterly Update
3. PW 2018-67 NPDES Annual Report
4. PW 2018-68 2018 Sanitary Sewer Lining Change Order No. 1
5. PW 2018-69 Small Cell Wireless Fees and Code Amendment
6. PW 2018-70 Ground Effects Sidewalk
7. PW 2018-71 Old Jail RFP
8. PW 2018-72 Metra Support Resolution
Old Business:
1. PW 2018-58 Beecher Center HVAC – Award of Contract
Additional Business:
2018/2019 City Council Goals – Public Works Committee
Goal Priority Staff
“Road to Better Roads Funding” 5 Bart Olson, Eric Dhuse & Rob Fredrickson
“Water Planning” 6 Eric Dhuse & Brad Sanderson
“Municipal Building Needs & Planning” 7 Bart Olson, Eric Dhuse, Rob Fredrickson,
Tim Evans & Erin Willrett
“Traffic Patrol” 9 Eric Dhuse & Rich Hart
“Whispering Meadows” 10 Bart Olson & Brad Sanderson
“Vehicle Replacement” 12 Bart Olson, Eric Dhuse, Rob Fredrickson,
Rich Hart & Tim Evans
“Water Conservation Plan” 14 Eric Dhuse & Brad Sanderson
“Capital Improvement Plan” 16 Eric Dhuse, Rob Fredrickson &
Brad Sanderson
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
UNITED CITY OF YORKVILLE
WORKSHEET
PUBLIC WORKS COMMITTEE
Tuesday, July 17, 2018
6:00 PM
CITY HALL CONFERENCE ROOM
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CITIZEN COMMENTS:
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MINUTES FOR CORRECTION/APPROVAL:
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1. June 19, 2018
□ Approved __________
□ As presented
□ With corrections
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NEW BUSINESS:
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1. PW 2018-65 Capital Improvement Projects Update
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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2. PW 2018-66 Bond/LOC Reduction Quarterly Update
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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3. PW 2018-67 NPDES Annual Report
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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4. PW 2018-68 2018 Sanitary Sewer Lining Change Order No. 1
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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5. PW 2018-69 Small Cell Wireless Fees and Code Amendment
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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6. PW 2018-70 Ground Effects Sidewalk
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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7. PW 2018-71 Old Jail RFP
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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8. PW 2018-72 Metra Support Resolution
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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OLD BUSINESS:
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1. PW 2018-58 Beecher Center HVAC – Award of Contract
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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ADDITIONAL BUSINESS:
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Minutes
Tracking Number
Minutes of the Public Works Committee – June 19, 2018
Public Works Committee – July 17, 2018
Majority
Committee Approval
Minute Taker
Name Department
Page 1 of 3
DRAFT
UNITED CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE
Tuesday, June 19, 2018, 6:00pm
Yorkville City Hall, Conference Room
800 Game Farm Road
IN ATTENDANCE:
Committee Members
Chairman Joel Frieders Alderman Seaver Tarulis
Alderman Jackie Milschewski Alderman Ken Koch
Other City Officials
City Administrator Bart Olson Engineer Brad Sanderson, EEI
Assistant City Administrator Erin Willrett Public Works Director Eric Dhuse
Alderman Chris Funkhouser Facilities Manager Steve Raasch
Other Guests: None
The meeting was called to order at 6:00pm by Chairman Joel Frieders.
Citizen Comments: None
Previous Meeting Minutes: April 17, 2018
The minutes were approved as presented.
New Business:
1. PW 2018-56 ADA Transition Plan
Mr. Sanderson said the ADA plan needs to be opened for public comment for 30 days as part of the
requirements and then the city must adopt the local public agency standards. He said the plan is very
detailed and meets guidelines for agencies that oversee ADA. There are 1,400 deficient areas.
Chairman Frieders asked for cost breakdowns. The committee was OK for the public comment to
open and this item will be brought back to committee.
2. PW 2018-57 Well No. 3 - RFP
An RFP was drafted to demolish the structure around the abandoned well. The teardown is budgeted.
Mr. Olson said Imperial Investments had been approached about taking title or purchasing the property,
however, they declined. He said there is still underground infrastructure in place and the roof is in bad
condition. The committee approved of going to RFP to get bids and it will go to City Council for
approval.
Page 2 of 3
3. PW 2018-58 Beecher Center HVAC
a. Budget Amendment
b. RFP Results – Award of Contract
Mr. Olson said this item is not budgeted. Mr. Raasch reviewed the two bids received and one was
rejected due to errors. Mr. Olson replied that one of the heating units is beyond repair and parts are
unobtainable. It was noted Beecher is a warming/cooling center. Mr. Koch noted there had once been
a $1 million grant for repairs for the building, but it was not used. Mr. Raasch said there is an
opportunity for possible rebates from ComEd. This moves to the consent agenda.
4. PW 2018-59 Traffic Control Requests – Heartland Subdivision
Mr. Sanderson said the Heartland HOA asked about additional stop signs, however, after an analysis it
was recommended that no additional signage was needed.
5. PW 2018-60 Johnson Property ROW
Alderman Funkhouser requested this item to be on the agenda. A memo was written regarding the
city's position regarding access. The petitioner hopes that the city might vacate a small strip of land
there and he prefers to not be off Main. He wanted to know where the right-of-way is and where he
can position the home he wishes to build. No action was taken since there was no formal request.
6. PW2018-61 10-20 Year Plan for Lead Service Evaluation and Subsequent Replacement
Mr. Dhuse said there will soon be a law that lead service lines will need to be replaced by the city. He
said there should be very few that need to be replaced, but there are some in the area of Orange,
Morgan and Heustis. Mr. Olson added that the bill did not get passed this session, but generally states
all the lead pipes should be replaced within 10 years. He said details have not been worked out for
those residents who may possibly have to have their entire yard dug up. He also said this is an
unfunded mandate. The committee discussed other towns, the veterans' home in Quincy and the issues
encountered. Chairman Frieders commented he wanted this matter to go on the record that it has been
discussed even though all details are not finalized.
7. PW 2018-62 Legionella Testing Costs
Chairman Frieders said this is the start of a conversation and a summary about how legionella applies
to Yorkville. Mr. Dhuse said the city has deep well systems and moves a lot of water which is an
important factor.
8. PW 2018-63 Budget Amendment for Truck Body Purchase
Mr. Dhuse said $45,000 had been budgeted for a new pickup, however, it was decided to purchase a
removable brining system for the winter. The box holding the brining unit has holes and needs to be
replaced. Public Works wishes to keep the truck and to purchase a stainless steel bed. Mr. Dhuse said
they do not use a bed liner as it gets chipped very easily and does not last. Mr. Olson said the purchase
is under staff authority and if this moves forward, it would only be for the budget amendment. This
moves to the consent agenda.
9. PW 2018-64 Raintree Village – Units 4, 5, and 6 Basin Maintenance
There are 3 basins in Raintree which Encap has been maintaining for the city. Chairman Frieders said
he would like to go out for competitive bids which might include local businesses. Alderman Koch
said it would make sense to remove any muskrats since they have been removed from other nearby
ponds.
Page 3 of 3
Mr. Dhuse commented that the animals will just move back and forth between ponds. If this goes to
bid, it would take about 6-7 weeks and would come back to the August meeting. The maintenance
being done is naturalization and the mowing is separate. In another issue, Mr. Sanderson said
prevailing wages must be paid which drives up the cost, however, the wages will be verified with the
city attorney. The committee was OK with going to bid and they will be brought back in August.
Old Business: None
Additional Business:
Alderman Milschewski said the downtown crosswalks are failing. Mr. Dhuse said IDOT has patched at
least one and are aware of the issue.
Alderman Koch said he met with two residents of Heritage Woods who said the sidewalk they use for
their motorized devices stops at Ground Effects on Rt. 47. They residents spoke with the owner of
Ground Effects who indicated he did not want them on his property. The owner planted trees where a
sidewalk extension would go and the residents complained it is difficult for them to reach Walgreens on
the south side of town. There are about 100 residents at Heritage Woods. Committee members
discussed possible solutions and this will be brought back next month. Mr. Olson commented that
some of the semi-permanent structures at Ground Effects might be encroaching since they are in the
right-of-way and the city could pursue removal or lease. Mr. Olson said $5,000 is budgeted for
unobligated sidewalk construction and a budget amendment could be done. Mr. Sanderson was asked
to provide engineering estimates for next month.
Alderman Tarulis asked about rules for motorcycles and snowmobiles on the new shared use path. He
stated that a resident had complained about nearly being hit by a motorcycle on the path. Mr. Dhuse
will put up signs stating motorized vehicles are prohibited.
There was no further business and the meeting was adjourned at 6:47pm
Minutes respectfully transcribed by
Marlys Young, Minute Taker
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Agenda Item Number
New Business #1
Tracking Number
PW 2018-65
Capital Project Update
Public Works Committee – July 17, 2018
None
Status Update
Brad Sanderson Engineering
Name Department
The purpose of this memo is to update the Public Works Committee as to the status of the several
projects. A summary on the status of the projects is provided below:
Construction Projects
2018 RTBR Program
The majority of the work should be complete by July 13th.
Whispering Meadows – Completion of Improvements
The majority of the planned work is complete. We are assessing the project budget and may add
additional sidewalk repair.
Restoration will be addressed in later summer/early fall.
Fountain Village – Completion of Improvements
The contractor is approximately 70% complete with the planned work. Landscaping is the main
work item remaining. This will be addressed in the late summer/early fall.
2018 Sanitary Sewer Lining Program
This project is substantially complete.
Rt 71 Water main and Sanitary Sewer Relocation
IDOT has let the project. Work may begin this fall.
Fox Highlands Water Main Improvements
The Fox Highlands water main project has been awarded and a preconstruction conference has
been held. Construction start is dependent on a Comed Permit
Planning/Design Projects
Pavillion Road Streambank Stabilization
We have received the Army Corps permit for the work. We are currently evaluating our cost
estimate and the proposed budget prior to letting the project.
East Orange Street Water Main Improvements
Final design is approximately 60% complete. Permits should be applied for by the end of July.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: July 9, 2018
Subject: Capital Improvement Projects Update
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #2
Tracking Number
PW 2018-66
Bond/LOC Reduction Summary – June 30, 2018
Public Works Committee – July 17, 2018
Informational
Informational
Brad Sanderson Engineering
Name Department
Please see the attached reduction summary through June 30, 2018. If you have any questions,
please let me know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: July 10, 2018
Subject: 2018 Bond/LOC Reduction Summary – To Date
30-Jun-18
2018 Bond and Letter of Credit Reduction Report
Date Development/Project
Engineer
Concurrence
City Administrator
Concurrence
Mayor
Concurrence Reduction Final Release Reduction Value Remaining Balance
2/27/2018 Bristol Bay Unit 3 X X X $284,638.81 $0.00
2/27/2018 Caledonia X X X $497,615.58 $60,000.00
3/27/2018 GC Housing X X X $200,022.65 $8,845.35
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Agenda Item Number
New Business #3
Tracking Number
PW 2018-67
NPDES Annual Report
Public Works Committee – July 17, 2018
None
Informational Purposes
Brad Sanderson Engineering
Name Department
The City adopted its latest Stormwater Management Plan in April 2017 which was required by
the IEPA in order for the City to be compliance with the NPDES MS4 Permit. One of the
requirements of the permit is to submit an annual report to the IEPA. The report is to detail the
City’s progress towards its goals that it outlined in its plan.
The report, which covers the period from March 2017 to March 2018, is provided for
informational purposes and will be submitted to the IEPA by the end of the June.
If you have any questions or require additional information, please let us know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: July 9, 2018
Subject: NPDES MS4 Stormwater Permit
Illinois Environmental Protection Agency
Bureau of Water • 1021 N. Grand Avenue E. • P.O. Box 19276 • Springfield • Illinois • 62794-9276
Division of Water Pollution Control
ANNUAL FACILITY INSPECTION REPORT
for NPDES Permit for Storm Water Discharges from Separate Storm Sewer Systems (MS4)
This fillable form may be completed online, a copy saved locally,printed and signed before it is submitted to the
Compliance Assurance Section at the above address. Complete each section of this report.
Report Period: From March, 2017 To March,2018 Permit No. ILR40 0554
MS4 OPERATOR INFORMATION: (As it appears on the current permit)
Name: United City of Yorkville Mailing Address 1: 800 Game Farm Road
Mailing Address 2:County: Kendall
City: Yorkville State: IL Zip:60560 Telephone: (630) 553-4350
Contact Person: Bart Olson, City Administrator Email Address: bolson@yo rk v__ille.il.us
Person responsible for Annual Report)
Name(s)of governmental entity(ies) in which MS4 is located: (As it appears on the current permit)
United City of Yorkville
THE FOLLOWING ITEMS MUST BE ADDRESSED.
A. Changes to best management practices (check appropriate BMP change(s)and attach information
regarding change(s)to BMP and measurable goals.)
1. Public Education and Outreach 4. Construction Site Runoff Control
2. Public Participation/Involvement 5. Post-Construction Runoff Control
3. Illicit Discharge Detection & Elimination 6. Pollution Prevention/Good Housekeeping
B.Attach the status of compliance with permit conditions, an assessment of the appropriateness of your identified best
management practices and progress towards achieving the statutory goal of reducing the discharge of pollutants to the
MEP, and your identified measurable goals for each of the minimum control measures.
C.Attach results of information collected and analyzed, including monitoring data, if any during the reporting period.
D.Attach a summary of the storm water activities you plan to undertake during the next reporting cycle ( including an
implementation schedule.)
E.Attach notice that you are relying on another government entity to satisfy some of your permit obligations (if applicable).
F.Attach a list of construction projects that your entity has paid for during the reporting period.
Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Illinois EPA
commits a Class 4 felony. A second or subsequent offense after conviction is a Class 3 felony. (415 ILCS 5/44(h))
Owner Signature: Date:
Bart Olson City Administrator
Printed Name: Title:
EMAIL COMPLETED FORM TO: epa.ms4annualinsp@illinois.gov
or Mail to: ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL
COMPLIANCE ASSURANCE SECTION#19
1021 NORTH GRAND AVENUE EAST
POST OFFICE BOX 19276
SPRINGFIELD, ILLINOIS 62794-9276
This Agency is authorized to require this information under Section 4 and Title X of the Environmental Protection Act(415 ILCS 5/4,5/39).Failure to disclose this
information may result in: a civil penalty of not to exceed$50,000 for the violation and an additional civil penalty of not to exceed$10,000 for each day during
IL 532 2585 which the violation continues(415 ILCS 5/42)and may also prevent this form from being processed and could result in your application being denied.This form
WPC 691 Rev 6/10 has been approved by the Forms Management Center.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ANNUAL FACILITY INSPECTION REPORT
NPDES PERMIT FOR STORM WATER DISCHARGES
FROM MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4)
UNITED CITY OF YORKVILLE, IL: MARCH 2017 TO MARCH 2018
THE FOLLOWING ITEMS MUST BE ADDRESSED.
A. CHANGES TO BEST MANAGEMENT PRACTICES (BMP CHANGES).
The City did not make any changes to their Best Management Practices program or Stormwater
Management Program Plan (SMPP) over the past year and does not have any planned modifications for the
upcoming year. However, the City is continually investigating opportunities to enhance their program
each year as budget and staff considerations allow.
B. STATUS OF COMPLIANCE WITH PERMIT CONDITIONS AND ASSESSMENT OF
THE APPROPRIATENESS OF THE IDENTIFIED BEST MANAGEMENT PRACTICES
TOWARDS ACHIEVING THE STATUTORY GOAL OF REDUCING THE DISCHARGE OF
POLLUTANTS TO THE MEP, AND THE IDENTIFIED MEASURABLE GOALS FOR EACH OF
THE MINIMUM CONTROL MEASURES.
The City has endeavored to meet the requirements of the permit conditions as outlined in the SMPP and in
consideration of current staffing and budget constraints. The status of the permit activities for the reporting
period is as follows.
Public Education and Outreach
The City maintains an information center at City Hall that includes informational items regarding
stormwater related issues. The City staff regularly reviews current available materials in their information
center at City Hall to compare with requirements and the topic list from the General Permit. This will be an
ongoing effort to keep educational materials current and relevant to resident and stormwater pollution
prevention needs.
The City is in compliance with minimum control measures by providing public education and outreach
materials at the City Hall and on its website.
Public Participation and Involvement
The City maintains documentation on the number and type of calls received from the public regarding
potential illicit discharges. The City received seven drainage complaint calls and no illicit discharge
complaints during this reporting period. The City supports recycling and includes a recycling program and
regular collection with their solid waste and recycling collection provider. The City also maintains a call-in
free of charge electronics recycling program through their solid waste and recycling collection provider.
The City held a Public Meeting to solicit input from the public on the stormwater plan and program on
February 28, 2017.
The above activities demonstrate the City’s compliance with minimum control measures for Public
Participation and Involvement.
Construction Site Runoff Control
IEPA MS4 2017-2018 Annual Report
United City of Yorkville
Page 2 of 4
The City tracks site development permits issued and requires compliance with Construction Runoff
Controls in their ordinances where required. The City documents citizen complaints, if any, regarding
construction site runoff and implements and documents follow up procedures. There were no citizen
complaints regarding erosion control during the reporting period. However, the City inspects construction
sites for erosion and sediment control as required by the NPDES Permit and the City’s Erosion and
Sediment Control provisions in their Stormwater Ordinance and takes enforcement action as necessary.
.
The above activities demonstrate the City’s compliance with minimum control measures for Construction
Site Runoff Control.
Post Construction Site Runoff Control
The City developed a database of basins and provides support and assistance for citizens regarding post
construction runoff control on an as requested basis. However, no post construction runoff basin related
complaints from citizens were received. The City maintains a database of Home Owners Associations
(HOA) and encourages HOAs to inspect and maintain their stormwater management basins and makes
information available and provides assistance on an as needed basis when requested by HOAs. The City
requires new developments to enter into maintenance agreements for stormwater facilities. All new
developments requiring stormwater basins during the reporting period were required to submit a
maintenance plan for approval by the City.
The City is in compliance with minimum control measures for Post Construction Runoff Control because
their ordinances address post construction requirements and City staff responds to citizen complaints and
HOA requests for information and assistance.
Illicit Discharge Detection and Elimination
The City maintains and updates as necessary their stormwater Outfall Inventory. In addition, the City
tracks the number and types of Illicit Discharges and the steps taken to eliminate the discharge as potential
discharges are brought to their attention. There were no potential illicit discharges reported during the
reporting period and no citation issued for discharge of waste oil into the storm sewer system. The City
staff will take action if problems with the outfalls or illicit discharges are reported to the City.
The City is in compliance with the minimum control measures for Illicit Discharge Detection and
Elimination because they have ordinances and procedures in place to address and correct illicit discharge
when they are discovered. The City takes action as necessary in accordance with these ordinances when
illicit discharges or problems with stormwater outfalls are reported.
Pollution Prevention and Good Housekeeping
The City provided services and maintained records for the following good housekeeping activities: number
of curb miles swept, amount of leaves collected, amount of road salt used, number of catch basins cleaned,
and the amount of herbicides and pesticides used, and training provided for employees. Due to budget
constraints, no formal NPDES training was provided to employees; however, employees are kept informed
on best management practices through implementation of the SMPP. In addition, the City investigated
methods for tracking BMP implementation and resultant pollutant load reduction and keeping and regularly
updating the BMP inventory.
These activities place the City in compliance with the minimum control measures for Pollution Prevention
and Good Housekeeping.
C. RESULTS OF INFORMATION AND DATA COLLECTED AND ANALYZED.
IEPA MS4 2017-2018 Annual Report
United City of Yorkville
Page 3 of 4
The following data was collected or information analyzed for the above permit cycle and is
attached to this report.
Public Education and Outreach
No data was collected or information analyzed in this area during the reporting period.
Public Participation and Involvement
No data was collected or information analyzed in this area during the reporting period.
Construction Site Runoff Control
No data was collected or information analyzed in this area during the reporting period.
Post Construction Site Runoff Control
No data was collected or information analyzed in this area during the reporting period.
Illicit Discharge Detection and Elimination
No data was collected or information analyzed in this area during the reporting period.
Pollution Prevention and Good Housekeeping
The City swept 525 curb miles in the reporting period.
The City collected 6500 cubic yards of leaves during their fall collection.
The City used 1500 tons of road salt and 15,000 gallons of 23% slat brine for ice control during
the winter.
The City cleaned 238 catch basins and checked restrictors and cleaned storm drain covers after
each significant rainfall event during the reporting period.
The City applied 75 gallons of herbicides and pesticides and contracted to have insecticide caches
placed in all catch basins for mosquito control during the reporting period.
D. SUMMARY OF STORM WATER ACTIVITIES PLANNED FOR THE NEXT
REPORTING CYCLE.
In addition to continuing City programs, the City will be continuing to implement the BMP changes to
meet the requirements contained in the 2016 Permit and is continually evaluating their program to enhance
the community’s pollution prevention efforts.
The City is proposing to follow the plan of activities as described in their approved SMPP for the upcoming
year. These activities would include the following.
Public Education and Outreach
The City will continue to maintain an information center at City Hall that contains stormwater and
recycling related information for City residents.
Public Participation and Involvement
IEPA MS4 2017-2018 Annual Report
United City of Yorkville
Page 4 of 4
The City will continue to maintain documentation regarding the number and type of calls received from the
public regarding potential illicit discharges. The City will hold a Public Meeting to received public input
on their stormwater management program.
Construction Site Runoff Control
The City will continue to track the number of site development permits issued. The City will continue to
document and follow up on citizen complaints regarding construction site runoff. The City will continue to
inspect active construction sites in accordance with NPDES Permit and Erosion and Sediment Control
Ordinance requirements.
Post Construction Site Runoff Control
The City will maintain their databases of HOAs and Stormwater Basins and update as necessary. The City
will provide information and assistance to citizens and HOAs on an as requested basis. The City will
continue to require new developments to enter into maintenance agreements for their stormwater basins.
The City will start implementation of their Basin Monitoring Program from their SMPP. 25% of the Basins
in the City will be inspected in the upcoming year and maintenance recommendations will be provided to
Basin owners.
Illicit Discharge Detection and Elimination
The City will continue to track the number and type of potential illicit discharges and problems with
stormwater outfalls that are reported. The City will document the incidents and the corrective actions on
their summary forms and in accordance with their ordinances and procedures.
Pollution Prevention and Good Housekeeping
The City will continue to provide services and maintain records for the following good housekeeping
activities: number of curb miles swept, amount of leaves collected, amount of road salt used, number of
catch basins cleaned, and the amount of herbicides and pesticides used, and training provided for
employees. The City will inventory stormwater BMPs installed in new developments and track resultant
estimated pollutant load reductions. The City will seek opportunities to address chloride issues with de-
icing operations and participate if a watershed group is organized to implement control measures.
E. NOTICE OF PERMIT OBLIGATIONS SATISFIED BY OTHER GOVERNMENT
ENTITY.
The City is not depending on other units of government to meet any of its’ permit obligations.
F. LIST OF CONSTRUCTION PROJECTS PAID FOR BY THE CITY OF YORKVILLE
FOR THE 2017-2018 REPORTING PERIOD.
The following City funded construction projects were underway in the 2017-2018 reporting period.
2017 Road Program
2017 Sanitary Sewer Lining
Washington Street Water main
Countryside Water main and Street Improvements
Countryside / Center Resurfacing
Kennedy Road Shared-Use Path
Kennedy Road Resurfacing
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #4
Tracking Number
PW 2018-68
2018 Sanitary Sewer Lining Program
Public Works Committee – July 17, 2018
Consideration of Approval
Consideration of Change Order No. 1
Brad Sanderson Engineering
Name Department
The purpose of this memo is to present Change Order No. 1 for the above referenced project.
A Change Order, as defined by in the General Conditions of the Contract Documents, is a written
order to the Contractor authorizing an addition, deletion or revision in the work within the
general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or
Contract Time.
Background:
The United City of Yorkville and Innovative Underground LLC entered into an agreement for a
contract value of $102,804.00 for the above referenced project.
Questions Presented:
Should the City approve Change Order No. 1 which would increase the contract amount by
$17,312.50?
Discussion:
Change Order No. 1 includes:
The removal of calcium deposits and obstructions within the sanitary sewer via robotic
cutting. This work was associated with the original contract.
The addition of the Raintree Village sanitary service lateral lining to the contract.
Through televising and other investigative efforts, we have identified three laterals that
are in need of immediate repair. These laterals are significant contributors of inflow and
infiltration (I&I) into the sewer lines. Past flow monitoring efforts have noted that this
area has a high amount of I&I.
Since the City received favorable bids on the original planned work, we are able to add the
proposed work and remain within the overall project budget.
We are recommending approval of the Change Order.
Action Required:
Consideration of approval from the City Council for Change Order No. 1.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: July 10, 2018
Subject: 2018 Sanitary Sewer Lining – Change Order No. 1
CHANGE ORDER
Order No. 1
Date: July 9, 2018
Agreement Date:
NAME OF PROJECT: 2018 Sanitary Sewer Lining
OWNER: United City of Yorkville
CONTRACTOR: Innovative Underground, LLC
The following changes are hereby made to the CONTRACT DOCUMENTS:
1-3) SEE ATTACHED SHEET
Change of CONTRACT PRICE:
Original CONTRACT PRICE: $102,804.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $102,804.00
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased)
by: $ 17,312.50
The new CONTRACT PRICE including this CHANGE ORDER will be: $120,116.50
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by 0 calendar days.
The date for completion of all work will be November 30, 2018
Justification
1) The removal of calcium deposits and obstructions within the sanitary sewer via robotic cutting.
2-3) The addition of the Raintree Village sanitary service lateral lining to the contract.
Approvals Required
Requested by: Innovative Underground, LLC
Recommended by: Engineering Enterprises, Inc.
Accepted by: United City of Yorkville
CHANGE ORDER NO. 1
2018 SANITARY SEWER LINING
UNITED CITY OF YORKVILLE
QUANTITY COST QUANTITY COST
1 HOUR 450.00$ 6.25 2,812.50$ 0 -$
2 EACH 7,500.00$ 1.0 7,500.00$ 0 -$
3 EACH 3,500.00$ 2.0 7,000.00$ 0 -$
17,312.50$
-$
102,804.00$
102,804.00$
$17,312.50
$120,116.50
MISCELLANEOUS EXTRAS AND CREDITS
ROBOTIC CUTTING FOR CALCIUM DEPOSIT REMOVAL
LATERAL LINING WITH ACTIVE I/I - RAINTREE VILLAGE
DEDUCTIONSITEM NO.ITEMS UNIT CONTRACT
QUANTITY UNIT PRICE ADDITIONS
NEW CONTRACT PRICE:
LATERAL LINING - 6"X8" INTERFIT - RAINTREE VILLAGE
TOTAL ADDITIONS =
TOTAL DEDUCTIONS =
ORIGINAL CONTRACT PRICE:
CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS:
AMOUNT OF CURRENT CHANGE ORDER:
Innovative Underground LLC
PO BOX 3507
Glen Ellyn, IL 60138 US
Invoice
BILL TO
United City of Yorkville
800 Game Farm Rd
Yorkville, IL 50650
INVOICE #DATE TOTAL DUE DUE DATE TERMS ENCLOSED
1127 05/11/2018 $1,687.50 05/11/2018 Due on receipt
ACTIVITY QTY RATE AMOUNT
ROBOTIC CUTTING
2018 Yorkville Lining Project, T & M Calcium
Removal on Walter St.
Work performed from 9:00 AM to 12:45 PM
3.75 450.00 1,687.50
DUE UPON COMPLETION
Thank you for your business.
BALANCE DUE $1,687.50
Innovative Underground LLC
PO BOX 3507
Glen Ellyn, IL 60138 US
Invoice
BILL TO
Julie Morrison
City of Yorkville
INVOICE #DATE TOTAL DUE DUE DATE TERMS ENCLOSED
1157 07/02/2018 $1,125.00 07/02/2018 Due on receipt
ACTIVITY QTY RATE AMOUNT
ROBOTIC CUTTING
2018 Yorkville Lining Project
Removal of PVC Obstruction on Heustis between S2 -
59A to S2 - 59B
Work performed from 8:00 am to 10:30 am
2.50 450.00 1,125.00
DUE UPON COMPLETION
Thank you for your business.
BALANCE DUE $1,125.00
Engineering Enterprises, Inc.PROPOSAL
Attn: Nadia Simek 6/25/2018
52 Wheeler Rd
Sugar Grove IL 60554
PROJECT: RAINTREE SUBDIVISION I & I PROJECT, YORKVILLE, IL, SANITARY SERVICE IMPROVEMENTS
NO.ITEM QTY U/M PRICE AMOUNT
1 FIX SERVICE W/ACTIVE I & I @ MH4 - MH5 BY INSTALLING 1 EA 7,500.00$ 7,500.00$
- INTERFIT SEAL
- CLEANOUT
- CIPP LINER IN SERVICE
2 INSTALL 6" X 8" INTERFIT CONNECTION SEAL MH8-MH9, MH9-MH10 2 EA 3,500.00$ 7,000.00$
PHASE I PROPOSAL TOTAL 14,500.00$
SCOPE OF WORK:
‐ PROVIDE BEFORE AND AFTER VIDEO
PROVIDED BY OTHERS:
‐ Water onsite for steam curing liner
RANDY HARKER, PRESIDENT DATE
PROPOSAL VALID FOR 30 DAYS
TERMS: DUE UPON COMPLETION
WARRANTY: 5 YEARS FROM DATE OF INSTALLATION
SIGNATURE OF ACCEPTANCE DATE
PROPOSED AMOUNTS
2175C Griswold Springs Rd., Sandwich IL 60548
331-300-5225
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
PZC public hearing requirement for the Text Amendment request to the Zoning Ordinance
Regarding small cell antennas.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Buiness #5
Tracking Number
PW 2018-69
Modifying Codified Ordinances for Small Cell Antenna Regulations
Public Works Committee - July 17, 2018
N/A
Majority
Approval
Consideration of updates to the Codified Chapter 8, Chapter 10 and Chapter 18
regarding small cell antennas.
Erin Willrett Administration
Name Department
Summary
Consideration of updates to the Codified Ordinance Chapter 8 Construction of Utility Facilities
in Rights of Way, Chapter 10 Building Permit Fees and Chapter 18 Telecommunication and Antenna
Regulations.
Background
Municipalities throughout Illinois have seen a proliferation of small cell antenna applications
from wireless/phone companies for both an array of improvements to existing utility poles and new
poles within the right of way. The City Council approved changes to Chapter 8 and Chapter 18 in June,
2017 when the Illinois Municipal League (IML) recommended changes to municipal ordinances
regarding small cell siting within the rights-of-way in anticipation of the recently approved legislation.
Once again, the IML has distributed model documents to assist municipalities in implementing allowed
regulations under the newly adopted Small Wireless Facilities Deployment Act (P.A. 100-0585).
Staff took the model and incorporated the recommendations for the Small Wireless Facilities into
Chapter 8 Construction of Utility Facilities in Rights of Way, Chapter 10 Building Permit Fees and
Chapter 18 Telecommunication and Antenna Regulations of the City’s Codified Ordinances. All of
these Ordinances will be reviewed by the Public Works Committee on July 17th. Chapter 18 will
additionally go to the July 18th Special PZC meeting for a Public Hearing regarding a Text Amendment
to the Chapter, because it is a Chapter within the Zoning Code and then back to City Council for a vote
on all Ordinances, with the anticipated meeting date of July 24, 2018.
In the attached red-lined version of Chapter 8, staff added several definitions per the IML
recommended ordinance. A “Collocate or Collocation” definition was added. This definition is the
trend that other municipalities are seeing installed, where the installation of the wireless facilities is on
or adjacent to a wireless support structure or existing utility pole. A definition was also added for
“Small Wireless Facility” which accompanies the definition which was added in 2017 of Small Cell
Facilities, only this is a wireless facility. Within Chapter 8, Section 15, Location of Facilities, Free
Standing Facilities – Above Ground, staff deleted the nine additional requirements for above ground free
standing facilities that were added in 2017 per the IML. The new section that was added to the chapter
regarding small wireless facilities is: 7-8-17: Small Wireless Facilities. This new section includes
regulation for permitted uses, the permit process, including the application process, conditions, including
height, spacing and design, and exceptions. All other items and processes within the Chapter remain the
same. A permit is required for construction and will be reviewed by staff and the variance process also
remains the same. The following is a break-down of the new processes:
Memorandum
To: Public Works and Planning and Zoning Commission
From: Erin Willrett, Assistant City Administrator
CC: Bart Olson, City Administrator
Date: July 17, 2018 & July 18, 2018
Subject: Modifying Codified Ordinance Chapter 8, Chapter 10 and18 for
Small Wireless Facilities
Type of Facility Most Likely to be Applied for:
Small Wireless Facility: A wireless facility that meets both of the following qualifications: (i)
each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of an
antenna that has exposed elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than 6 cubic feet; and (ii) all other wireless equipment attached directly
to a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume. The
following types of associated ancillary equipment are not included in the calculation of equipment
volume: electric meter, concealment elements, telecommunications demarcation box, ground-based
enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the
connection of power and other services.
Proposed Application Process:
In order to apply for a permit an application must be received stating:
The site specific structural integrity and a make-ready analysis of a municipal utility pole
as prepared by a structural engineer;
The location where each proposed small wireless facility or utility pole would be
installed including a depiction of the completed facility; specifications and drawings of
each facility as it is proposed to be installed by a structural engineer;
The equipment type and model numbers for the antennas and all other wireless
equipment associated with the facility;
A proposed schedule of the installation and completion of each facility;
Certification that the collocation complies with the collocation requirements (as written
in the ordinance);
If the facility is to be attached to an existing pole owned by an entity other than the City,
the wireless provider shall provide legally competent evidence of the consent of the
owner of such pole to the proposed collocation.
Processing Application:
The City shall process the application on a first come first serve basis for collocation on the same
utility pole or wireless support structure. It shall be processed on a nondiscriminatory basis and shall be
deemed approved if the City fails to approve or deny the application within 90 days after the submission
of a completed application. However, if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the City in writing of its intention to invoke the
deemed approved remedy no sooner than 75 days after the submission of the completed application. The
permit shall be deemed approved on the latter of the 90th day after submission of the complete
application or the 10th day after the receipt of the deemed approved notice by the City. The receipt of
the deemed approved notice shall not preclude the City's denial of the permit request within the time
limits as provided under this Ordinance.
Denial of Application:
The City shall deny an application which does not meet the requirements of this proposed
ordinance. If there is a concern of public safety or if the utility pole or wireless support structure is
required to be replaced before the requested collocation approval shall be conditioned on the
replacement at the cost of the provider. The City shall document the basis for denial and send the
documentation to the applicant on or before the day the City denies an application. The applicant may
cure the deficiencies identified by the City and resubmit the revised application once within 30 days
after notice of denial is sent to the applicant without paying an additional application fee. The City shall
approve or deny the revised application within 30 days after the applicant resubmits the application or it
is deemed approved. Failure to resubmit the revised application within 30 days of denial shall require
the applicant to submit a new application with applicable fees and recommencement of the City’s review
period. If the cure requires a new location, new or different structure to be collocated upon, new
antennas or other wireless equipment associated with the small wireless facility the revised application
does not apply. Within 30 days after an approved permit to collocate a small wireless facility on a
municipal utility pole, the City and the applicant shall enter into a Master Pole Attachment Agreement,
provided by the City for the initial collocation on a municipal utility pole by the application. For
subsequent approved permits to collocate on a small wireless facility on a municipal utility pole, the
City and the applicant shall enter into a License Supplement of the Master Pole Attachment Agreement.
Consideration of Completeness of Application:
Within 30 days after receiving an application, the City shall determine whether the application is
complete and notify the applicant. If an application is incomplete, the City must specifically identify the
missing information. An application shall be deemed complete if the City fails to provide notification to
the applicant within 30 days after all documents, information and fees specifically enumerated in the
City's permit application form are submitted by the applicant to the City. Processing deadlines are tolled
from the time the City sends the notice of incompleteness to the time the applicant provides the missing
information.
Collocation Applications:
An applicant seeking to collocate small wireless facilities within the jurisdiction of the City shall
be allowed, at the applicant's discretion, to file a consolidated application and receive a single permit for
the collocation of up to 25 small wireless facilities if the collocations each involve substantially the same
type of small wireless facility and substantially the same type of structure. If an application includes
multiple small wireless facilities, the City may remove small wireless facility collocations from the
application and treat separately small wireless facility collocations for which incomplete information has
been provided or that do not qualify for consolidated treatment or that are denied. The City may issue
separate permits for each collocation that is approved in a consolidated application.
Duration of Permits:
The duration of a permit shall be for a period of not less than 5 years, and the permit shall be
renewed for equivalent durations unless the City makes a finding that the small wireless facilities or the
new or modified utility pole do not comply with the applicable City codes or any provision, condition or
requirement contained in this Ordinance. If the Act is repealed as provided in Section 90 therein,
renewals of permits shall be subject to the applicable City code provisions or regulations in effect at the
time of renewal.
Maintenance of Facilities:
The wireless provider shall install, maintain, repair and modify its small wireless facilities in safe
condition and good repair and in compliance with the requirements and conditions of this Ordinance.
The wireless provider shall ensure that its employees, agents or contracts that perform work in
connection with its small wireless facilities are adequately trained and skilled in accordance with all
applicable industry and governmental standards and regulations.
Height Requirements:
The maximum height of a small wireless facility shall be no more than 10 feet above the utility
pole or wireless support structure on which the small wireless facility is collocated.
New or replacement utility poles or wireless support structures on which small wireless facilities
are collocated may not exceed the higher of:
a. 10 feet in height above the tallest existing utility pole, other than a utility pole supporting
only wireless facilities, that is in place on the date the application is submitted to the City,
that is located within 300 feet of the new or replacement utility pole or wireless support
structure and that is in the same right-of-way within the jurisdictional boundary of the
City, provided the City may designate which intersecting right-of-way within 300 feet of
the proposed utility pole or wireless support structures shall control the height limitation
for such facility; or
b. 45 feet above ground level.
Completion of Collocation Timeframe:
Collocation for which a permit is granted shall be completed within 180 days after issuance of
the permit, unless the City and the wireless provider agree to extend this period or a delay is caused by
make-ready work for a municipal utility pole or by the lack of commercial power or backhaul
availability at the site, provided the wireless provider has made a timely request within 60 days after the
issuance of the permit for commercial power or backhaul services, and the additional time to complete
installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void
unless the City grants an extension in writing to the applicant.
Annual Recurring Rate to Collocate:
A wireless provider shall pay to the City an annual recurring rate to collocate a small wireless
facility on a City utility pole located in a right-of-way that equals (i) $200 per year or (ii) the actual,
direct and reasonable costs related to the wireless provider’s use of space on the City utility pole. If the
City has not billed the wireless provider actual and direct costs, the fee shall be $200 payable on the first
day after the first annual anniversary of the issuance of the permit or notice of intent to collocate, and on
each annual anniversary date thereafter.
Abandonment:
A small wireless facility that is not operated for a continuous period of 12 months shall be
considered abandoned. The owner of the facility shall remove the small wireless facility within 90 days
after receipt of written notice from the City notifying the wireless provider of the abandonment. The
notice shall be sent by certified or registered mail, return receipt requested, by the City to the owner at
the last known address of the wireless provider. If the small wireless facility is not removed within 90
days of such notice, the City may remove or cause the removal of such facility pursuant to the terms of
its pole attachment agreement for municipal utility poles or through whatever actions are provided for
abatement of nuisances or by other law for removal and cost recovery. A wireless provider shall provide
written notice to the City if it sells or transfers small wireless facilities within the jurisdiction of the City.
Such notice shall include the name and contact information of the new wireless provider.
Additionally, changes to Chapter 10, Building Permit Fees reflect the one-time application fees
that were included in the Small Wireless Facilities Deployment Act (P.A. 100-0585). 3 categories were
added as follows:
Small wireless facility on an existing utility pole or wireless support structure $650.00
Small wireless facility in a consolidated application for more than one facility
on existing poles or wireless support structure.
$350.00
Small wireless facility installation on a new utility pole. $1000.00
The changes to Chapter 18, which are also red-lined, include an updated definition of “Small
Wireless Facility” to match the approved Act and it also matches the definition proposed to be included
in Chapter 8. The definitions were also cleaned up to eliminate items that are no longer relevant. The
Ordinance already cross references Chapter 8 if any facility is being constructed is located within the
public right-of-way.
Recommendation
Staff recommends approval of the updates to the Codified Ordinance Chapter 8 Construction of
Utility Facilities in Rights of Way, Chapter 10 Building Permit Fees and Chapter 18 Telecommunication
and Antenna Regulations as it relates to Small Wireless Facilities.
Chapter 8
CONSTRUCTION OF UTILITY FACILITIES IN RIGHTS OF
WAY
7-8-1: PURPOSE AND SCOPE:
7-8-2: DEFINITIONS:
7-8-3: ANNUAL REGISTRATION REQUIRED:
7-8-4: PERMIT REQUIRED; APPLICATIONS AND FEES:
7-8-5: ACTION ON PERMIT APPLICATIONS:
7-8-6: EFFECT OF PERMIT:
7-8-7: REVISED PERMIT DRAWINGS:
7-8-8: INSURANCE:
7-8-9: INDEMNIFICATION:
7-8-10: SECURITY:
7-8-11: PERMIT SUSPENSION AND REVOCATION:
7-8-12: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL STATUS:
7-8-13: GENERAL CONSTRUCTION STANDARDS:
7-8-14: TRAFFIC CONTROL:
7-8-15: LOCATION OF FACILITIES:
7-8-16: CONSTRUCTION METHODS AND MATERIALS:
7-8-17: SMALL WIRELESS FACILITIES
7-8-1718: VEGETATION CONTROL:
7-8-1819: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY FACILITIES:
7-8-1920: CLEANUP AND RESTORATION:
7-8-2021: MAINTENANCE AND EMERGENCY MAINTENANCE:
7-8-2122: VARIANCES:
7-8-2223: PENALTIES:
7-8-2324: ENFORCEMENT:
7-8-1: PURPOSE AND SCOPE:
A. Purpose: The purpose of this chapter is to establish policies and procedures for constructing
facilities on rights of way within the city's jurisdiction, which will provide public benefit consistent
with the preservation of the integrity, safe usage, and visual qualities of the city rights of way and
the city as a whole.
B. Intent: In enacting this chapter, the city intends to exercise its authority over the rights of way in
the city and, in particular, the use of the public ways and property by utilities, by establishing
uniform standards to address issues presented by utility facilities, including, without limitation:
1. Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and
places;
2. Prevent the creation of visual and physical obstructions and other conditions that are hazardous to
vehicular and pedestrian traffic;
3. Prevent interference with the facilities and operations of the city's utilities and of other utilities lawfully
located in rights of way or public property;
4. Protect against environmental damage, including damage to trees, from the installation of utility
facilities;
5. Protect against increased storm water runoff due to structures and materials that increase
impermeable surfaces;
6. Preserve the character of the neighborhoods in which facilities are installed;
7. Preserve open space, particularly the tree lined parkways that characterize the city's residential
neighborhoods;
8. Prevent visual blight from the proliferation of facilities in the rights of way; and
9. Assure the continued safe use and enjoyment of private properties adjacent to utility facilities
locations.
C. Facilities Subject To This Chapter: This chapter applies to all facilities on, over, above, along,
upon, under, across, or within the rights of way within the jurisdiction of the city. A facility lawfully
established prior to the effective date of this chapter may continue to be maintained, repaired
and operated by the utility as presently constructed and located, except as may be otherwise
provided in any applicable franchise, license or similar agreement.
D. Franchises, Licenses, Or Similar Agreements: The city, in its discretion and as limited by law, may
require utilities to enter into a franchise, license or similar agreement for the privilege of locating
their facilities on, over, above, along, upon, under, across, or within the City rights-of-way.
Utilities that are not required by law to enter into such an agreement may request that the City
enter into such an agreement. In such an agreement, the City may provide for terms and
conditions inconsistent with this chapter.
E. Effect Of Franchises, Licenses, Or Similar Agreements:
1. Utilities Other Than Telecommunications Providers: In the event that a utility other than a
telecommunications provider has a franchise, license or similar agreement with the City, such
franchise, license or similar agreement shall govern and control during the term of such agreement
and any lawful renewal or extension thereof.
2. Telecommunications Providers: In the event of any conflict with, or inconsistency between, the
provisions of this chapter and the provisions of any franchise, license or similar agreement between
the City and any telecommunications provider, the provisions of such franchise, license or similar
agreement shall govern and control during the term of such agreement and any lawful renewal or
extension thereof.
F. Conflicts With Other Chapters: This chapter supersedes all chapters or parts of chapters adopted
prior hereto that are in conflict herewith, to the extent of such conflict.
G. Conflicts With State And Federal Laws: In the event that applicable Federal or State laws or
regulations conflict with the requirements of this chapter, the utility shall comply with the
requirements of this chapter to the maximum extent possible without violating Federal or State
laws or regulations.
H. Sound Engineering Judgment: The City shall use sound engineering judgment when
administering this chapter and may vary the standards, conditions, and requirements expressed
in this chapter when the City so determines. Nothing herein shall be construed to limit the ability
of the City to regulate its rights-of-way for the protection of the public health, safety and welfare.
(Ord. 2007-97, 12-18-2007)
7-8-2: DEFINITIONS:
As used in this chapter and unless the context clearly requires otherwise, the words and terms listed
shall have the meanings ascribed to them in this section. Any term not defined in this section shall
have the meaning ascribed to it in 92 Illinois Administrative Code section 530.30, unless the context
clearly requires otherwise.
AASHTO: American Association of State Highway and Transportation Officials.
ANSI: American National Standards Institute.
ASTM: American Society for Testing and Materials.
ALTERNATIVE ANTENNA STRUCTURE: An existing pole or other structure within the public right-
of-way that can be used to support an antenna and is not a utility pole or a City-owned infrastructure
that may be designed to shield, conceal or disguise the presence of antennas or towers and blend
with the surrounding setting. Alternative structures may include, but are not limited to, unobtrusive
architectural features on new or existing structures, clock towers, flagpoles and church steeples.
ANTENNA: Communications equipment that transmits or receives electromagnetic radio signals
used in the provision of any type of wireless communications services.
APPLICANT: A person applying for a permit under this chapter.
BACKFILL: The methods or materials for replacing excavated material in a trench or pit.
BORE OR BORING: To excavate an underground cylindrical cavity for the insertion of a pipe or
electrical conductor.
CABLE OPERATOR: As defined in 47 USC 522(5).
CABLE SERVICE: As defined in 47 USC 522(6).
CABLE SYSTEM: As defined in 47 USC 522(7).
CARRIER PIPE: The pipe enclosing the liquid, gas or slurry to be transported.
CASING: A structural protective enclosure for transmittal devices such as: carrier pipes, electrical
conductors, and fiber optic devices.
CITY: The United City of Yorkville, Illinois.
CITY-OWNED INFRASTRUCTURE: Infrastructure in public right-of-way within the boundaries of the
City, including, but not limited to, streetlights, traffic signals, towers, structures, or buildings owned,
operated or maintained by the City.
CLEAR ZONE: The total roadside border area, starting at the edge of the pavement, available for
safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a
nonrecoverable slope, and a clear run out area. The desired width is dependent upon the traffic
volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO
"Roadside Design Guide".
COATING: Protective wrapping or mastic cover applied to buried pipe for protection against external
corrosion.
CODE: The Municipal Code of the United City of Yorkville, Illinois.
COLLOCATE or COLLATION: To install, mount, maintain, modify, operate, or replace wireless
facilities on or adjacent to a wireless support structure or utility pole.
COMMUNICATIONS SERVICE: Cable service, as defined in 47 U.S.C. 522(6), as amended;
information service, as defined in 47 U.S.C. 153(24), as amended; telecommunications service,
as defined in 47 U.S.C. 153(53), as amended; mobile service, as defined in 47 U.S.C. 153(53),
as amended; or wireless service other than mobile service.
COMMUNICATION SERVICE PROVIDER: A cable operator, as defined in 47 U.S.C. 522(5), as
amended; a provider of information service, as defined in 47 U.S.C. 153(24), as amended; a
telecommunications carrier, as defined in 47 U.S.C. 153(51), as amended; or a wireless
provider.
CONDUCTOR: Wire carrying electrical current.
CONDUIT: A casing or encasement for wires or cables.
CONSTRUCTION OR CONSTRUCT: The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
COVER: The depth of earth or backfill over buried utility pipe or conductor.
CROSSING FACILITY: A facility that crosses one (1) or more right-of-way lines of a right-of-way.
DIRECTOR OF PUBLIC WORKS: The City Director of Public Works or his or her designee.
DISRUPT THE RIGHT-OF-WAY: For the purposes of this chapter, any work that obstructs the right-
of-way or causes a material adverse effect on the use of the right-of-way for its intended use. Such
work may include, without limitation, the following: excavating or other cutting; placement (whether
temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and
compaction or loosening of the soil, and shall not include the parking of vehicles or equipment in a
manner that does not materially obstruct the flow of traffic on a highway.
DISTRIBUTED ANTENNA SYSTEM (DAS): A type of personal wireless telecommunication facility
consisting of a network of spatially separated antenna nodes connected to a common source via a
transport medium that provides wireless service within a geographic area.
EMERGENCY: Any immediate maintenance to the facility required for the safety of the public using
or in the vicinity of the right-of-way or immediate maintenance required for the health and safety of
the general public served by the utility.
ENCASEMENT: Provision of a protective casing.
ENGINEER: The City Engineer or his or her designee.
EQUIPMENT: Materials, tools, implements, supplies, and/or other items used to facilitate
construction of facilities.
EXCAVATION: The making of a hole or cavity by removing material, or laying bare by digging.
EXTRA HEAVY PIPE: Pipe meeting ASTM standards for this pipe designation.
FACILITY: All structures, devices, objects, and materials (including, but not limited to, track and rails,
wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals,
poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above,
along, upon, under, across, or within rights-of-way under this chapter. For purposes of this chapter,
the term "facility" shall not include any facility owned or operated by the City.
FCC: The Federal Communications Commission of the United States.
FREESTANDING FACILITY: A facility that is not a crossing facility or a parallel facility, such as an
antenna, transformer, pump, or meter station.
FRONTAGE ROAD: Roadway, usually parallel, providing access to land adjacent to the highway
where it is precluded by control of access to a highway.
HAZARDOUS MATERIALS: Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by the City Engineer to pose an
unreasonable and imminent risk to the life, health or safety of persons or property or to the
ecological balance of the environment, including, but not limited to, explosives, radioactive materials,
petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables,
corrosives or any substance determined to be hazardous or toxic under any Federal or State law,
statute or regulation.
HIGHWAY: A specific type of right-of-way used for vehicular traffic including rural or urban roads or
streets. "Highway" includes all highway land and improvements, including roadways, ditches and
embankments, bridges, drainage structures, signs, guardrails, protective structures and
appurtenances necessary or convenient for vehicle traffic.
HIGHWAY CODE: The Illinois Highway Code, 605 Illinois Compiled Statutes 5/1-101 et seq., as
amended from time to time.
HOLDER: A person or entity that has received authorization to offer or provide cable or video service
from the ICC pursuant to the Illinois Cable and Video Competition Law, 220 Illinois Compiled
Statutes 5/21-401.
ICC: Illinois Commerce Commission.
IDOT: Illinois Department of Transportation.
JULIE: The Joint Utility Locating Information for Excavators Utility Notification Program.
JACKING: Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
JETTING: Pushing a pipe through the earth using water under pressure to create a cavity ahead of
the pipe.
JOINT USE: The use of pole lines, trenches or other facilities by two (2) or more utilities.
LANDSCAPE SCREENING: The installation at grade of plantings, shrubbery, bushes or other
foliage intended to screen the base of a personal wireless telecommunication facility from public
view.
MAJOR INTERSECTION: The intersection of two (2) or more major arterial highways.
MICRO WIRELESS FACILITY: A small wireless facility that is not larger in dimension than 24
inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if
any, no longer than 11 inches.
MONOPOLE: A structure composed of a single spire, pole or tower designed and used to support
antennas or related equipment and that is not a utility pole, an alternative antenna structure, or a
City-owned infrastructure.
MUNICIPAL UTILITY POLE: A utility pole owned or operated by the City in public rights-of-way.
OCCUPANCY: The presence of facilities on, over or under right-of-way.
PARALLEL FACILITY: A facility that is generally parallel or longitudinal to the centerline of a right-of-
way.
PARKWAY: Any portion of the right-of-way not improved by street or sidewalk.
PAVEMENT CUT: The removal of an area of pavement for access to a facility or for the construction
of a facility.
PERMITTEE: That entity to which a permit has been issued pursuant to sections 7-8-4 and 7-8-5 of
this chapter.
PERSONAL WIRELESS TELECOMMUNICATION ANTENNA: An antenna that is part of a personal
wireless telecommunications facility.
PERSONAL WIRELESS TELECOMMUNICATION EQUIPMENT: Equipment, exclusive of an
antenna, that is part of a personal wireless telecommunications facility.
PERSONAL WIRELESS TELECOMMUNICATION FACILITY: An antenna, equipment, and related
improvements used, or designed to be used, to provide wireless transmission of voice, data video
streams, images, or other information including, but not limited to, cellular phone service, personal
communication service, paging, and Wi-Fi antenna service.
PETROLEUM PRODUCTS PIPELINES: Pipelines carrying crude or refined liquid petroleum
products including, but not limited to, gasoline, distillates, propane, butane, or coal slurry.
PRACTICABLE: That which is performable, feasible or possible, rather than that which is simply
convenient.
PRESSURE: The internal force acting radially against the walls of a carrier pipe expressed in
pounds per square inch gauge (psig).
PROMPT: That which is done within a period of time specified by the City. If no time period is
specified, the period shall be thirty (30) days.
PUBLIC ENTITY: A legal entity that constitutes or is part of the government, whether at local, State
or Federal level.
PUBLIC SAFETY AGENCY:The functional division of the federal government, the State, a unit of
local government, or a special purpose district located in whole or in part within this State, that
provides or has authority to provide firefighting, police, ambulance, medical, or other emergency
services to respond to and manage emergency incidents.
RESTORATION: The repair of a right-of-way, highway, roadway, or other area disrupted by the
construction of a facility.
RIGHT-OF-WAY OR RIGHTS-OF-WAY: Any street, alley, other land or waterway, dedicated or
commonly used for pedestrian or vehicular traffic or other similar purposes, including utility
easements, in which the City has the right and authority to authorize, regulate or permit the location
of facilities other than those of the City. "Right-of-way" or "rights-of-way" shall not include any real or
personal City property that is not specifically described in the previous two (2) sentences and shall
not include City buildings, fixtures and other structures or improvements, regardless of whether they
are situated in the right-of-way.
ROADWAY: That part of the highway that includes the pavement and shoulders.
SALE OF TELECOMMUNICATIONS AT RETAIL: The transmitting, supplying, or furnishing of
telecommunications and all services rendered in connection therewith for a consideration, other than
between a parent corporation and its wholly owned subsidiaries or between wholly owned
subsidiaries, when the gross charge made by one such corporation to another such corporation is
not greater than the gross charge paid to the retailer for their use or consumption and not for sale.
SECURITY FUND: That amount of security required pursuant to section 7-8-10 of this chapter.
SHOULDER: A width of roadway, adjacent to the pavement, providing lateral support to the
pavement edge and providing an area for emergency vehicular stops and storage of snow removed
from the pavement.
SMALL CELL FACILITIES: A personal wireless telecommunications facility consisting of an antenna
and related equipment either installed singly or as part of a network to provide coverage or enhance
capacity in a limited defined area.
SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications:
(i) each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the
case of an antenna that has exposed elements, the antenna and all of its exposed elements
could fit within an imaginary enclosure of no more than 6 cubic feet; and (ii) all other wireless
equipment attached directly to a utility pole associated with the facility is cumulatively no more
than 25 cubic feet in volume. The following types of associated ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment elements,
telecommunications demarcation box, ground-based enclosures, grounding equipment, power
transfer switch, cut-off switch, and vertical cable runs for the connection of power and other
services.
SOUND ENGINEERING JUDGMENT: A decision(s) consistent with generally accepted engineering
principles, practices and experience.
TELECOMMUNICATIONS: This term includes, but is not limited to, messages or information
transmitted through use of local, toll and wide area telephone service, channel services, telegraph
services, teletypewriter service, computer exchange service, private line services, mobile radio
services, cellular mobile telecommunications services, stationary two-way radio, paging service and
any other form of mobile or portable one-way or two-way communications, and any other
transmission of messages or information by electronic or similar means, between or among points
by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. "Private line" means
a dedicated nontraffic sensitive service for a single customer that entitles the customer to exclusive
or priority use of a communications channel, or a group of such channels, from one (1) or more
specified locations to one (1) or more other specified locations. "Telecommunications" shall not
include value added services in which computer processing applications are used to act on the form,
content, code and protocol of the information for purposes other than transmission.
"Telecommunications" shall not include purchase of telecommunications by a telecommunications
service provider for use as a component part of the service provided by such provider to the ultimate
retail consumer who originates or terminates the end to end communications. "Telecommunications"
shall not include the provision of cable services through a cable system as defined in the Cable
Communications Act of 1984 (47 USC section 521 and following), as now or hereafter amended, or
cable or other programming services subject to an open video system fee payable to the City
through an open video system as defined in the Rules of the Federal Communications Commission
(47 CFR section 76.1500 and following), as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER: Any person that installs, owns, operates or controls facilities
in the right-of-way used or designed to be used to transmit telecommunications in any form.
TELECOMMUNICATIONS RETAILER: Every person engaged in making sales of
telecommunications at retail as defined herein.
TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one
(1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers, and
that is not a utility pole, an alternative antenna structure, or a City-owned infrastructure.
TRENCH: A relatively narrow open excavation for the installation of an underground facility.
UTILITY: The individual or entity owning or operating any "facility" as defined in this chapter.
UTILITY POLE: An upright pole designed and used to support electric cables, telephone cables,
telecommunication cables, cable service cables, communication service provider, which are used to
provide lighting, traffic control, signage, or a similar function.
VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground
casing.
VIDEO SERVICE: As defined in section 21-201(v) of the Illinois Cable and Video Competition Law of
2007, 220 Illinois Compiled Statutes 21-201(v).
WATER LINES: Pipelines carrying raw or potable water.
WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to
provide a sluice for the excavated material.
WI-FI ANTENNA: An antenna used to support Wi-Fi broadband internet access service based on the
IEEE 802.11 standard that typically uses unlicensed spectrum to enable communication between
devices. (Ord. 2007-97, 12-18-2007; amd. Ord. 2017-35, 6-27-2017)
WIRELESS FACILITY: Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including: (i) equipment associated
with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless of technological
configuration. Wireless facility includes small wireless facilities. Wireless facility does not
include: (i) the structure or improvements on, under, or within which the equipment is collocated;
or (ii) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support
structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately
adjacent to or directly associated with an antenna.
WIRELESS INFRASTRUCTURE PROVIDER: Any person authorized to provide
telecommunications service in the State that builds or installs wireless communication
transmission equipment, wireless facilities, wireless support structures, or utility poles and that
is not a wireless services provider but is acting as an agent or a contractor for a wireless
services provider for the application submitted to the City.
WIRELESS PROVIDER: A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES: Any person authorized to provide telecommunications service in the
State that builds or installs wireless communication transmission equipment, wireless facilities,
wireless support structures, or utility poles and that is not a wireless services provider but is
acting as an agent or a contractor for a wireless services provider for the application submitted
to the City.
WIRELESS SUPPORT STRUCTURE: A freestanding structure, such as a monopole; tower,
either guyed or self-supporting; billboard; or other existing or proposed structure designed to
support or capable of supporting wireless facilities. Wireless support structure does not include
a utility pole.
(Ord. 2007-97, 12-18-2007; amd. Ord. 2017-35, 6-27-2017)
7-8-3: ANNUAL REGISTRATION REQUIRED:
Every utility that occupies right-of-way within the City shall register on January 1 of each year with
the engineer, providing the utility's name, address and regular business telephone and telecopy
numbers, the name of one (1) or more contact persons who can act on behalf of the utility in
connection with emergencies involving the utility's facilities in the right-of-way and a twenty four (24)
hour telephone number for each such person, and evidence of insurance as required in section 7-8-
8 of this chapter, in the form of a certificate of insurance. (Ord. 2007-97, 12-18-2007)
7-8-4: PERMIT REQUIRED; APPLICATIONS AND FEES:
A. Permit Required: No person shall construct (as defined in this chapter) any facility on, over,
above, along, upon, under, across, or within any City right-of-way which: 1) changes the location
of the facility, 2) adds a new facility, 3) disrupts the right-of-way (as defined in this chapter), or 4)
materially increases the amount of area or space occupied by the facility on, over, above, along,
under, across or within the right-of-way, without first filing an application with the City Engineer
and obtaining a permit from the City therefor, except as otherwise provided in this chapter. No
permit shall be required for installation and maintenance of service connections to customers'
premises where there will be no disruption of the right-of-way.
B. Permit Application: All applications for permits pursuant to this chapter shall be filed on a form
provided by the City and shall be filed in such number of duplicate copies as the City may
designate. The applicant may designate those portions of its application materials that it
reasonably believes contain proprietary or confidential information as "proprietary" or
"confidential" by clearly marking each page of such materials accordingly.
C. Minimum General Application Requirements: The application shall be made by the utility or its
duly authorized representative and shall contain, at a minimum, the following:
1. The utility's name and address and telephone and telecopy numbers;
2. The applicant's name and address, if different than the utility, its telephone and telecopy numbers, e-
mail address, and its interest in the work;
3. The names, addresses and telephone and telecopy numbers and e-mail addresses of all
professional consultants, if any, advising the applicant with respect to the application;
4. A general description of the proposed work and the purposes and intent of the facility and the uses
to which the facility will be put. The scope and detail of such description shall be appropriate to the
nature and character of the work to be performed, with special emphasis on those matters likely to
be affected or impacted by the work proposed;
5. Evidence that the utility has placed on file with the City:
a. A written traffic control plan demonstrating the protective measures and devices that will be
employed consistent with the "Illinois Manual On Uniform Traffic Control Devices", to prevent injury
or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular
traffic; and
b. An emergency contingency plan which shall specify the nature of potential emergencies, including,
without limitation, construction and hazardous materials emergencies, and the intended response by
the applicant. The intended response shall include notification to the City and shall promote
protection of the safety and convenience of the public. Compliance with ICC regulations for
emergency contingency plans constitutes compliance with this section unless the city finds that
additional information or assurances are needed;
6. Drawings, plans and specifications showing the work proposed, including the certification of an
Illinois licensed professional engineer that such drawings, plans, and specifications comply with
applicable codes, rules, and regulations;
7. Evidence of insurance as required in section 7-8-8 of this chapter;
8. Evidence of posting of the security fund as required in section 7-8-10 of this chapter;
9. Any request for a variance from one or more provisions of this chapter (see section 7-8-21 of this
chapter); and
10. Such additional information as may be reasonably required by the city.
D. Supplemental Application Requirements For Specific Types Of Utilities: In addition to the
requirements of subsection C of this section, the permit application shall include the following
items, as applicable to the specific utility that is the subject of the permit application:
1. In the case of the installation of a new electric power, communications, telecommunications, cable
television service, video service or natural gas distribution system, evidence that any "certificate of
public convenience and necessity" or other regulatory authorization that the applicant is required by
law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other
jurisdictional authority;
2. In the case of natural gas systems, state the proposed pipe size, design, construction class, and
operating pressures;
3. In the case of water lines, indicate that all requirements of the Illinois environmental protection
agency, division of public water supplies, have been satisfied;
4. In the case of sewer line installations, indicate that the land and water pollution requirements of the
Illinois environmental protection agency, division of water pollution control, the metropolitan water
reclamation district, and the Yorkville-Bristol sanitary district have been satisfied; or
5. In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size,
maximum working pressure, and the design standard to be followed.
E. Applicant's Duty To Update Information: Throughout the entire permit application review period
and the construction period authorized by the permit, any amendments to information contained
in a permit application shall be submitted by the utility in writing to the city within thirty (30) days
after the change necessitating the amendment.
F. Application Fees: Unless otherwise provided by franchise, license, or similar agreement, all
applications for permits pursuant to this chapter shall be accompanied by a fee in the amount of
fifty dollars ($50.00). No application fee is required to be paid by any electricity utility that is
paying the municipal electricity infrastructure maintenance fee pursuant to the electricity
infrastructure maintenance fee act. (Ord. 2007-97, 12-18-2007)
7-8-5: ACTION ON PERMIT APPLICATIONS:
A. City Review Of Permit Applications: Completed permit applications, containing all required
documentation, shall be examined by the city engineer within a reasonable time after filing. If the
application does not conform to the requirements of applicable ordinances, codes, laws, rules,
and regulations, the city engineer shall reject such application in writing, stating the reasons
therefor. If the city engineer is satisfied that the proposed work conforms to the requirements of
this chapter and applicable ordinances, codes, laws, rules, and regulations, the city engineer
shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the
applicant to demonstrate, to the satisfaction of the city engineer, that the construction proposed
under the application shall be in full compliance with the requirements of this chapter.
B. Additional City Review Of Applications Of Telecommunications Retailers:
1. Pursuant to section 4 of the telephone company act, 220 Illinois Compiled Statutes 65/4, a
telecommunications retailer shall notify the city that it intends to commence work governed by this
chapter for facilities for the provision of telecommunications services. Such notice shall consist of
plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of
the facilities, and shall be provided by the telecommunications retailer to the city not less than forty
five (45) days prior to the commencement of work requiring no excavation and not less than forty five
(45) days prior to the commencement of work requiring excavation. The city engineer shall specify
the portion of the right of way upon which the facility may be placed, used and constructed.
2. In the event that the city engineer fails to provide such specification of location to the
telecommunications retailer within either: a) forty five (45) days after service of notice to the city by
the telecommunications retailer in the case of work not involving excavation for new construction or
b) forty five (45) days after service of notice by the telecommunications retailer in the case of work
involving excavation for new construction, the telecommunications retailer may commence work
without obtaining a permit under this chapter.
3. Upon the provision of such specification by the city, where a permit is required for work pursuant to
section 7-8-4 of this chapter the telecommunications retailer shall submit to the city an application for
a permit and any and all plans, specifications and documentation available regarding the facility to
be constructed. Such application shall be subject to the requirements of subsection A of this section.
C. Additional City Review Of Applications Of Holders Of State Authorization Under The Cable And
Video Competition Law Of 2007: Applications by a utility that is a holder of a state issued
authorization under the cable and video competition law of 2007 shall be deemed granted forty
five (45) days after submission to the city, unless otherwise acted upon by the city, provided the
holder has complied with applicable city codes, ordinances, and regulations. (Ord. 2007-97, 12-
18-2007)
7-8-6: EFFECT OF PERMIT:
A. Authority Granted; No Property Right Or Other Interest Created: A permit from the city authorizes
a permittee to undertake only certain activities in accordance with this chapter on city rights of
way, and does not create a property right or grant authority to the permittee to impinge upon the
rights of others who may have an interest in the rights of way.
B. Duration: No permit issued under this chapter shall be valid for a period longer than six (6)
months unless construction is actually begun within that period and is thereafter diligently
pursued to completion.
C. Preconstruction Meeting Required: No construction shall begin pursuant to a permit issued under
this chapter prior to attendance by the permittee and all major contractors and subcontractors
who will perform any work under the permit at a preconstruction meeting. The preconstruction
meeting shall be held at a date, time and place designated by the city with such city
representatives in attendance as the city deems necessary. The meeting shall be for the
purpose of reviewing the work under the permit, and reviewing special considerations necessary
in the areas where work will occur, including, without limitation, presence or absence of other
utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use
of rights of way by the public during construction, and access and egress by adjacent property
owners.
D. Compliance With All Laws Required: The issuance of a permit by the city does not excuse the
permittee from complying with other requirements of the city and applicable statutes, laws,
ordinances, rules, and regulations. (Ord. 2007-97, 12-18-2007)
7-8-7: REVISED PERMIT DRAWINGS:
In the event that the actual locations of any facilities deviate in any material respect from the
locations identified in the plans, drawings and specifications submitted with the permit application,
the permittee shall submit a revised set of drawings or plans to the city within ninety (90) days after
the completion of the permitted work. The revised drawings or plans shall specifically identify where
the locations of the actual facilities deviate from the locations approved in the permit. If any deviation
from the permit also deviates from the requirements of this chapter, it shall be treated as a request
for variance in accordance with section 7-8-21 of this chapter. If the city denies the request for a
variance, then the permittee shall either remove the facility from the right of way or modify the facility
so that it conforms to the permit and submit revised drawings or plans therefor. (Ord. 2007-97, 12-
18-2007)
7-8-8: INSURANCE:
A. Required Coverages And Limits: Unless otherwise provided by franchise, license, or similar
agreement, each utility occupying right of way or constructing any facility in the right of way shall
secure and maintain the following liability insurance policies insuring the utility as named insured
and naming the city, and its elected and appointed officers, officials, agents, and employees as
additional insureds on the policies listed in subsections A1 and A2 of this section:
1. Commercial general liability insurance, including premises-operations, explosion, collapse, and
underground hazard (commonly referred to as "X", "C", and "U" coverages) and products-completed
operations coverage with limits not less than:
a. Five million dollars ($5,000,000.00) for bodily injury or death to each person;
b. Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and
c. Five million dollars ($5,000,000.00) for all other types of liability;
2. Automobile liability for owned, nonowned and hired vehicles with a combined single limit of one
million dollars ($1,000,000.00) for personal injury and property damage for each accident;
3. Workers' compensation with statutory limits; and
4. Employer's liability insurance with limits of not less than one million dollars ($1,000,000.00) per
employee and per accident.
If the utility is not providing such insurance to protect the contractors and subcontractors performing
the work, then such contractors and subcontractors shall comply with this section.
B. Excess Or Umbrella Policies: The coverages required by this section may be in any combination
of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess
coverage over underlying insurance on a following form basis such that when any loss covered
by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy
becomes effective to cover such loss.
C. Copies Required: The utility shall provide copies of any of the policies required by this section to
the city within ten (10) days following receipt of a written request therefor from the city.
D. Maintenance And Renewal Of Required Coverages: The insurance policies required by this
section shall contain the following endorsement:
It is hereby understood and agreed that this policy may not be canceled nor the intention not
to renew be stated until thirty (30) days after receipt by the City, by registered mail or certified
mail, return receipt requested, of a written notice addressed to the City Mayor of such intent to
cancel or not to renew.
Within ten (10) days after receipt by the city of said notice, and in no event later than ten (10)
days prior to said cancellation, the utility shall obtain and furnish to the city evidence of
replacement insurance policies meeting the requirements of this section.
E. Self-Insurance: A utility may self-insure all or a portion of the insurance coverage and limit
requirements required by subsection A of this section. A utility that self-insures is not required, to
the extent of such self-insurance, to comply with the requirement for the naming of additional
insureds under subsection A of this section, or the requirements of subsections B, C and D of
this section. A utility that elects to self-insure shall provide to the city evidence sufficient to
demonstrate its financial ability to self-insure the insurance coverage and limit requirements
required under subsection A of this section, such as evidence that the utility is a "private self-
insurer" under the workers' compensation act.
F. Effect Of Insurance And Self-Insurance On Utility's Liability: The legal liability of the utility to the
city and any person for any of the matters that are the subject of the insurance policies or self-
insurance required by this section shall not be limited by such insurance policies or self-
insurance or by the recovery of any amounts thereunder.
G. Insurance Companies: All insurance provided pursuant to this section shall be effected under
valid and enforceable policies, issued by insurers legally able to conduct business with the
licensee in the state of Illinois. All insurance carriers and surplus line carriers shall be rated "A-"
or better and of a class size "X" or higher by A.M. Best Company. (Ord. 2007-97, 12-18-2007)
7-8-9: INDEMNIFICATION:
By occupying or constructing facilities in the right of way, a utility shall be deemed to agree to
defend, indemnify and hold the city and its elected and appointed officials and officers, employees,
agents and representatives harmless from and against any and all injuries, claims, demands,
judgments, damages, losses and expenses, including reasonable attorney fees and costs of suit or
defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless
or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers,
employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the
rights of way, and in providing or offering service over the facilities, whether such acts or omissions
are authorized, allowed or prohibited by this chapter or by a franchise, license, or similar agreement;
provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries,
claims, demands, judgments, damages, losses or expenses arising out of or resulting from the
negligence, misconduct or breach of this chapter by the city, its officials, officers, employees, agents
or representatives. (Ord. 2007-97, 12-18-2007)
7-8-10: SECURITY:
A. Purpose: The permittee shall establish a security fund in a form and in an amount as set forth in
this section. The security fund shall be continuously maintained in accordance with this section
at the permittee's sole cost and expense until the completion of the work authorized under the
permit. The security fund shall serve as security for:
1. The faithful performance by the permittee of all the requirements of this chapter;
2. Any expenditure, damage, or loss incurred by the city occasioned by the permittee's failure to
comply with any codes, rules, regulations, orders, permits and other directives of the city issued
pursuant to this chapter; and
3. The payment by permittee of all liens and all damages, claims, costs, or expenses that the city may
pay or incur by reason of any action or nonperformance by permittee in violation of this chapter
including, without limitation, any damage to public property or restoration work the permittee is
required by this chapter to perform that the city must perform itself or have completed as a
consequence solely of the permittee's failure to perform or complete, and all other payments due the
city from the permittee pursuant to this chapter or any other applicable law.
B. Form: The permittee shall provide the security fund to the city in the form, at the permittee's
election, of cash, a surety bond in a form acceptable to the city, or an unconditional letter of
credit in a form acceptable to the city. Any surety bond or letter of credit provided pursuant to this
subsection shall, at a minimum:
1. Provide that it will not be canceled without ninety (90) day prior cancellation notice to the city and the
permittee;
2. Not require the consent of the permittee prior to the collection by the city of any amounts covered by
it; and
3. Shall provide a location convenient to the city and within the state of Illinois at which it can be drawn.
C. Amount: The dollar amount of the security fund shall be sufficient to provide for the reasonably
estimated cost to restore the right of way to at least as good a condition as that existing prior to
the construction under the permit, as determined by the city engineer, and may also include
reasonable, directly related costs that the city estimates are likely to be incurred if the permittee
fails to perform such restoration. Where the construction of facilities proposed under the permit
will be performed in phases in multiple locations in the city, with each phase consisting of
construction of facilities in one location or a related group of locations, and where construction in
another phase will not be undertaken prior to substantial completion of restoration in the
previous phase or phases, the city engineer may, in the exercise of sound discretion, allow the
permittee to post a single amount of security which shall be applicable to each phase of the
construction under the permit. The amount of the security fund for phased construction shall be
equal to the greatest amount that would have been required under the provisions of this
subsection for any single phase.
D. Withdrawals: The city, upon fourteen (14) days' advance written notice clearly stating the reason
for, and its intention to exercise withdrawal rights under this subsection, may withdraw an
amount from the security fund, provided that the permittee has not reimbursed the city for such
amount within the fourteen (14) day notice period. Withdrawals may be made if the permittee:
1. Fails to make any payment required to be made by the permittee hereunder;
2. Fails to pay any liens relating to the facilities that are due and unpaid;
3. Fails to reimburse the city for any damages, claims, costs or expenses which the city has been
compelled to pay or incur by reason of any action or nonperformance by the permittee; or
4. Fails to comply with any provision of this chapter that the city determines can be remedied by an
expenditure of an amount in the security fund.
E. Replenishment: Within fourteen (14) days after receipt of written notice from the city that any
amount has been withdrawn from the security fund, the permittee shall restore the security fund
to the amount specified in subsection C of this section.
F. Interest: The permittee may request that any and all interest accrued on the amount in the
security fund be returned to the permittee by the city, upon written request for said withdrawal to
the city, provided that any such withdrawal does not reduce the security fund below the minimum
balance required in subsection C of this section.
G. Closing And Return Of Security Fund: Upon completion of the work authorized under the permit,
the permittee shall be entitled to the return of the security fund, or such portion thereof as
remains on deposit, within a reasonable time after account is taken for all offsets necessary to
compensate the city for failure by the permittee to comply with any provisions of this chapter or
other applicable law. In the event of any revocation of the permit, the security fund, and any and
all accrued interest therein, shall become the property of the city to the extent necessary to cover
any reasonable costs, loss or damage incurred by the city as a result of said revocation,
provided that any amounts in excess of said costs, loss or damage shall be refunded to the
permittee.
H. Rights Not Limited: The rights reserved to the city with respect to the security fund are in addition
to all other rights of the city, whether reserved by this chapter or otherwise authorized by law,
and no action, proceeding or exercise of right with respect to said security fund shall affect any
other right the city may have. Notwithstanding the foregoing, the city shall not be entitled to a
double monetary recovery with respect to any of its rights which may be infringed or otherwise
violated. (Ord. 2007-97, 12-18-2007)
7-8-11: PERMIT SUSPENSION AND REVOCATION:
A. City Right To Revoke Permit: The city may revoke or suspend a permit issued pursuant to this
chapter for one or more of the following reasons:
1. Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
2. Noncompliance with this chapter;
3. Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon,
under, across, or within the rights of way presents a direct or imminent threat to the public health,
safety, or welfare; or
4. Permittee's failure to construct the facilities substantially in accordance with the permit and approved
plans.
B. Notice Of Revocation Or Suspension: The city shall send written notice of its intent to revoke or
suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation
or suspension and the alternatives available to permittee under this section.
C. Permittee Alternatives Upon Receipt Of Notice Of Revocation Or Suspension: Upon receipt of a
written notice of revocation or suspension from the city, the permittee shall have the following
options:
1. Immediately provide the city with evidence that no cause exists for the revocation or suspension;
2. Immediately correct, to the satisfaction of the city, the deficiencies stated in the written notice,
providing written proof of such correction to the city within five (5) working days after receipt of the
written notice of revocation; or
3. Immediately remove the facilities located on, over, above, along, upon, under, across, or within the
rights of way and restore the rights of way to the satisfaction of the city providing written proof of
such removal to the city within ten (10) days after receipt of the written notice of revocation.
The city may, in its discretion, for good cause shown, extend the time periods provided in this
subsection.
D. Stop Work Order: In addition to the issuance of a notice of revocation or suspension, the city may
issue a stop work order immediately upon discovery of any of the reasons for revocation set forth
within subsection A of this section.
E. Failure Or Refusal Of The Permittee To Comply: If the permittee fails to comply with the
provisions of subsection C of this section, the city or its designee may, at the option of the city: 1)
correct the deficiencies; 2) upon not less than twenty (20) days' notice to the permittee, remove
the subject facilities or equipment; or 3) after not less than thirty (30) days' notice to the
permittee of failure to cure the noncompliance, deem them abandoned and property of the city.
The permittee shall be liable in all events to the city for all costs of removal. (Ord. 2007-97, 12-
18-2007)
7-8-12: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL
STATUS:
A. Notification Of Change: A utility shall notify the city no less than thirty (30) days prior to the
transfer of ownership of any facility in the right of way or change in identity of the utility. The new
owner of the utility or the facility shall have all the obligations and privileges enjoyed by the
former owner under the permit, if any, and applicable laws, ordinances, rules and regulations,
including this chapter, with respect to the work and facilities in the right of way.
B. Amended Permit: A new owner shall request that any current permit be amended to show current
ownership. If the new owner fails to have a new or amended permit issued in its name, the new
owner shall be presumed to have accepted, and agreed to be bound by, the terms and
conditions of the permit if the new owner uses the facility or allows it to remain on the city's right
of way.
C. Insurance And Bonding: All required insurance coverage or bonding must be changed to reflect
the name of the new owner upon transfer. (Ord. 2007-97, 12-18-2007)
7-8-13: GENERAL CONSTRUCTION STANDARDS:
A. Standards And Principles: All construction in the right of way shall be consistent with applicable
ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic
control and construction principles, sound engineering judgment and, where applicable, the
principles and standards set forth in the following IDOT publications, as amended from time to
time:
1. "Standard Specifications For Road And Bridge Construction";
2. "Supplemental Specifications And Recurring Special Provisions";
3. "Highway Design Manual";
4. "Highway Standards Manual";
5. "Standard Specifications For Traffic Control Items";
6. "Illinois Manual On Uniform Traffic Control Devices" (92 Ill. adm. code section 545);
7. "Flagger's Handbook"; and
8. "Work Site Protection Manual For Daylight Maintenance Operations".
B. Interpretation Of Municipal Standards And Principles: If a discrepancy exists between or among
differing principles and standards required by this chapter, the city engineer shall determine, in
the exercise of sound engineering judgment, which principles apply and such decision shall be
final. If requested, the city engineer shall state which standard or principle will apply to the
construction, maintenance, or operation of a facility in the future. (Ord. 2007-97, 12-18-2007)
7-8-14: TRAFFIC CONTROL:
A. Minimum Requirements: The city's minimum requirements for traffic protection are contained in
IDOT's "Illinois Manual On Uniform Traffic Control Devices" and this code.
B. Warning Signs, Protective Devices, And Flaggers: The utility is responsible for providing and
installing warning signs, protective devices and flaggers, when necessary, meeting applicable
federal, state, and local requirements for protection of the public and the utility's workers when
performing any work on the rights of way.
C. Interference With Traffic: All work shall be phased so that there is minimum interference with
pedestrian and vehicular traffic.
D. Notice When Access Is Blocked: At least forty eight (48) hours prior to beginning work that will
partially or completely block access to any residence, business or institution, the utility shall
notify the resident, business or institution of the approximate beginning time and duration of such
work; provided, however, that in cases involving emergency repairs pursuant to section 7-8-20 of
this chapter, the utility shall provide such notice as is practicable under the circumstances.
E. Compliance: The utility shall take immediate action to correct any deficiencies in traffic protection
requirements that are brought to the utility's attention by the city. (Ord. 2007-97, 12-18-2007)
7-8-15: LOCATION OF FACILITIES:
A. General Requirements: In addition to location requirements applicable to specific types of utility
facilities, all utility facilities, regardless of type, shall be subject to the general location
requirements of this subsection.
1. No Interference With City Facilities: No utility facilities shall be placed in any location if the city
engineer determines that the proposed location will require the relocation or displacement of any of
the city's utility facilities or will otherwise interfere with the operation or maintenance of any of the
city's utility facilities.
2. Minimum Interference And Impact: The proposed location shall cause only the minimum possible
interference with the use of the right of way and shall cause only the minimum possible impact upon,
and interference with the rights and reasonable convenience of property owners who adjoin said
right of way.
3. No Interference With Travel: No utility facility shall be placed in any location that interferes with the
usual travel on such right of way.
4. No Limitations On Visibility: No utility facility shall be placed in any location so as to limit visibility of
or by users of the right of way.
5. Size Of Utility Facilities: The proposed installation shall use the smallest suitable vaults, boxes,
equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless
of location, for the particular application.
B. Parallel Facilities Located Within Highways:
1. Overhead Parallel Facilities: An overhead parallel facility may be located within the right of way lines
of a highway only if:
a. Lines are located as near as practicable to the right of way line and as nearly parallel to the right of
way line as reasonable pole alignment will permit;
b. Where pavement is curbed, poles are as remote as practicable from the curb with a minimum
distance of two feet (2') (0.6 m) behind the face of the curb, where available;
c. Where pavement is uncurbed, poles are as remote from pavement edge as practicable with
minimum distance of four feet (4') (1.2 m) outside the outer shoulder line of the roadway and are not
within the clear zone;
d. No pole is located in the ditch line of a highway; and
e. Any ground mounted appurtenance is located within one foot (1') (0.3 m) of the right of way line or as
near as possible to the right of way line.
2. Underground Parallel Facilities: An underground parallel facility may be located within the right of
way lines of a highway only if:
a. The facility is located as near the right of way line as practicable and not more than eight feet (8')
(2.4 m) from and parallel to the right of way line;
b. A new facility may be located under the paved portion of a highway only if other locations are
impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in
existing conduit without disrupting the pavement); and
c. In the case of an underground power or communications line, the facility shall be located as near the
right of way line as practicable and not more than five feet (5') (1.5 m) from the right of way line and
any above grounded appurtenance shall be located within one foot (1') (0.3 m) of the right of way
line or as near as practicable.
C. Facilities Crossing Highways:
1. No Future Disruption: The construction and design of crossing facilities installed between the ditch
lines or curb lines of city highways may require the incorporation of materials and protections (such
as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting
from the installation of such crossing facilities.
2. Cattle Passes, Culverts, Or Drainage Facilities: Crossing facilities shall not be located in cattle
passes, culverts, or drainage facilities.
3. Ninety Degree Crossing Required: Crossing facilities shall cross at or as near to a ninety degree
(90°) angle to the centerline as practicable.
4. Overhead Power Or Communication Facility: An overhead power or communication facility may
cross a highway only if:
a. It has a minimum vertical line clearance as required by ICC's rules entitled, "Construction of Electric
Power and Communication Lines" (83 Ill. Adm. Code 305);
b. Poles are located within one foot (1') (0.3 m) of the right-of-way line of the highway and outside of
the clear zone; and
c. Overhead crossings at major intersections are avoided.
5. Underground Power Or Communication Facility: An underground power or communication facility
may cross a highway only if:
a. The design materials and construction methods will provide maximum maintenance free service life;
and
b. Capacity for the utility's foreseeable future expansion needs is provided in the initial installation.
6. Markers: The City may require the utility to provide a marker at each right-of-way line where an
underground facility other than a power or communication facility crosses a highway. Each marker
shall identify the type of facility, the utility, and an emergency phone number. Markers may also be
eliminated as provided in current Federal regulations (49 CFR section 192.707 (1989)).
D. Facilities To Be Located Within Particular Rights-Of-Way: The City may require that facilities be
located within particular rights-of-way that are not highways, rather than within particular
highways.
E. Freestanding Facilities:
1. The City may restrict the location and size of any freestanding facility located within a right-of-way.
2. The City may require any freestanding facility located within a right-of-way to be screened from view.
F. Facilities Installed Aboveground: Aboveground facilities may be installed only if:
1. No other existing facilities in the area are located underground;
2. New underground installation is not technically feasible;
3. The proposed installation will be made at a location, and will employ suitable design and materials,
to provide the greatest protection of aesthetic qualities of the area being traversed without adversely
affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single pole
construction with vertical configuration of conductors and cable. Existing utility poles and light
standards shall be used wherever practicable; the installation of additional utility poles is strongly
discouraged; (Ord. 2007-97, 12-18-2007)
4. No more than two (2) personal wireless telecommunications facilities will be permitted on utility poles
or alternative antenna structure of ninety feet (90') or less;
5. No more than three (3) personal wireless telecommunications facilities will be permitted on utility
poles or alternative antenna structure in excess of ninety feet (90') and less than one hundred twenty
feet (120');
6. Personal wireless telecommunication facilities may be attached to a utility pole, alternative antenna
structure, monopole, or City-owned infrastructure only where such pole, structure or infrastructure is
located no closer than a distance equal to one hundred percent (100%) of the height of such a
facility to any residential building and no closer than five hundred feet (500') from any other personal
wireless telecommunication facility;
7. The personal wireless telecommunication antenna, including antenna panels, whip antennas or dish-
shaped antennas, cannot have a surface area of more than seven (7) cubic feet in volume;
8. The total combined volume of all above-ground equipment and appurtenances comprising a
personal wireless telecommunication facility, exclusive of the antenna itself, cannot exceed thirty two
(32) cubic feet;
9. The operator of a personal wireless telecommunication facility must, whenever possible, locate the
base of the equipment or appurtenances at a height of no lower than eight feet (8') above grade;
10. The top of the highest point of the antenna cannot extend more than seven feet (7') above the
highest point of the utility pole, alternative antenna support structure, tower or City-owned
infrastructure. If necessary, the new replacement or new utility pole, alternative antenna support
structure, or City-owned infrastructure located within the public right-of-way may be no more than ten
feet (10') higher than existing poles adjacent to the replacement or new pole structure, or no more
than ninety feet (90') in height overall, whichever is less;
11. A personal wireless telecommunication facility, including all related equipment and appurtenances,
must be a color that blends with the surrounding pole, structure tower or infrastructure on which it is
mounted and use non-reflective materials which blend with the materials and colors of the
surrounding area and structures. Any wiring must be covered with an appropriate cover;
12. Extensions to utility poles, alternative support structures, towers and City-owned infrastructure
utilized for the purpose of connecting a personal wireless telecommunications antenna and its
related personal wireless telecommunications equipment must have a degree of strength capable of
supporting the antenna and any related appurtenances and cabling and capable of withstanding
wind forces and ice loads in accordance with the applicable structural integrity standards (National
Electric Safety Code, ANSI, and EIA). The evaluation of the structural integrity must be prepared by
a professional structural engineer licensed in the State of Illinois. An extension must be securely
bound to the utility pole, alternative antenna structure, tower or City-owned infrastructure in
accordance with applicable engineering standards for the design and attachment of such extensions;
and
13. No new monopole or other tower to support personal wireless telecommunication facilities shall be
installed on rights-of-way within the corporate limits of the City unless specifically authorized by the
Corporate Authorities based on clear and convincing evidence provided by the applicant, that
locating the personal wireless telecommunications facilities on the right-of-way is necessary to close
a significant coverage or capacity gap in the applicant's services or to otherwise provide adequate
services to customers, and the proposed new monopole or other tower within the right-of-way is the
least intrusive means to do so. (Ord. 2017-35, 6-27-2017)
G. Facility Attachments To Bridges Or Roadway Structures:
1. Facilities may be installed as attachments to bridges or roadway structures only where the utility has
demonstrated that all other means of accommodating the facility are not practicable. Other means
shall include, but are not limited to, underground, underwater, independent poles, cable supports
and tower supports, all of which are completely separated from the bridge or roadway structure.
Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially
those under significant pressure or potential, present high degrees of risk and such installations are
not permitted.
2. A utility shall include in its request to accommodate a facility installation on a bridge or roadway
structure supporting data demonstrating the impracticability of alternate routing. Approval or
disapproval of an application for facility attachment to a bridge or roadway structure will be based
upon the following considerations:
a. The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the
resulting risk to persons and property in the event of damage to or failure of the facility;
b. The type, length, value, and relative importance of the highway structure in the transportation
system;
c. The alternative routings available to the utility and their comparative practicability;
d. The proposed method of attachment;
e. The ability of the structure to bear the increased load of the proposed facility;
f. The degree of interference with bridge maintenance and painting;
g. The effect on the visual quality of the structure; and
h. The public benefit expected from the utility service as compared to the risk involved.
H. Appearance Standards:
1. The city may prohibit the installation of facilities in particular locations in order to preserve visual
quality.
2. A facility may be constructed only if its construction does not require extensive removal or alteration
of trees or terrain features visible to the right of way user or to adjacent residents and property
owners, and if it does not impair the aesthetic quality of the lands being traversed. (Ord. 2007-97,
12-18-2007)
7-8-16: CONSTRUCTION METHODS AND MATERIALS:
A. Standards And Requirements For Particular Types Of Construction Methods:
1. Boring Or Jacking:
a. Pits And Shoring: Boring or jacking under rights of way shall be accomplished from pits located at a
minimum distance specified by the city director of public works from the edge of the pavement. Pits
for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or
jacking operations and backfilled within forty eight (48) hours after boring or jacking operations are
completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring
shall be designed, erected, supported, braced, and maintained so that it will safely support all
vertical and lateral loads that may be imposed upon it during the boring or jacking operation.
b. Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under the roadway.
c. Borings With Diameters Greater Than Six Inches: Borings over six inches (6") (0.15 m) in diameter
shall be accomplished with an auger and following pipe, and the diameter of the auger shall not
exceed the outside diameter of the following pipe by more than one inch (1") (25 mm).
d. Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be
accomplished by either jacking, guided with auger, or auger and following pipe method.
e. Tree Preservation: Any facility located within the drip line of any tree designated by the city to be
preserved or protected shall be bored under or around the root system.
2. Trenching: Trenching for facility installation, repair, or maintenance on rights of way shall be done in
accord with the applicable portions of section 603 of IDOT's "Standard Specifications For Road And
Bridge Construction".
a. Length: The length of open trench shall be kept to the practicable minimum consistent with
requirements for pipe/line testing. Only one-half (1/2) of any intersection may have an open trench at
any time unless special permission is obtained from the city engineer.
b. Open Trench And Excavated Material: Open trench and windrowed excavated material shall be
protected as required by chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices".
Where practicable, the excavated material shall be deposited between the roadway and the trench
as added protection. Excavated material shall not be allowed to remain on the paved portion of the
roadway. Where right of way width does not allow for windrowing excavated material off the paved
portion of the roadway, excavated material shall be hauled to an off road location.
c. Drip Line Of Trees: The utility shall not trench within the drip line of any tree designated by the city to
be preserved.
3. Backfilling:
a. Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full
width, depth, and length using methods and materials in accordance with IDOT's "Standard
Specifications For Road And Bridge Construction". When excavated material is hauled away or is
unsuitable for backfill, suitable granular backfill shall be used.
b. For a period of three (3) years from the date construction of a facility is completed, the utility shall be
responsible to remove and restore any backfilled area that has settled due to construction of the
facility. If so ordered by the engineer, the utility, at its expense, shall remove any pavement and
backfill material to the top of the installed facility, place and properly compact new backfill material,
and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by
the engineer.
4. Pavement Cuts: Pavement cuts for facility installation or repair shall be permitted on a highway only
if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this
subsection A4 is permitted under section 7-8-21 of this chapter, the following requirements shall
apply:
a. Any excavation under pavements shall be backfilled and compacted as soon as practicable with
granular material of CA-7 gradation, as designated by the engineer.
b. Restoration of pavement, in kind, shall be accomplished as soon as practicable and at twice the
amount of the existing pavement depth, and temporary repair with bituminous mixture shall be
provided immediately. Any subsequent failure of either the temporary repair or the restoration shall
be rebuilt upon notification by the city.
c. All saw cuts shall be full depth.
d. For all rights of way which have been reconstructed with a concrete surface/base in the last seven
(7) years, or resurfaced in the last three (3) years, permits shall not be issued unless such work is
determined to be an emergency repair or other work considered necessary and unforeseen before
the time of the reconstruction or unless a pavement cut is necessary for a JULIE locate.
5. Encasement:
a. Casing pipe shall be designed to withstand the load of the highway and any other superimposed
loads. The casing shall be continuous either by one piece fabrication or by welding or jointed
installation approved by the city.
b. The venting, if any, of any encasement shall extend within one foot (1') (0.3 m) of the right of way
line. No aboveground vent pipes shall be located in the area established as clear zone for that
particular section of the highway.
c. In the case of water main or service crossing, encasement shall be furnished between bore pits
unless continuous pipe or city approved jointed pipe is used under the roadway. Casing may be
omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or
mechanical joints are of a type approved by the city. Bell and spigot type pipe shall be encased
regardless of installation method.
d. In the case of gas pipelines of sixty (60) psig or less, encasement may be eliminated.
e. In the case of gas pipelines or petroleum products pipelines with installations of more than sixty (60)
psig, encasement may be eliminated only if: 1) extra heavy pipe is used that precludes future
maintenance or repair and 2) cathodic protection of the pipe is provided.
f. If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so
as to provide that construction does not disrupt the right of way.
6. Minimum Cover Of Underground Facilities: Cover shall be provided and maintained at least in the
amount specified in the Yorkville subdivision control ordinances 2000-2, as amended from time to
time.
B. Standards And Requirements For Particular Types Of Facilities:
1. Electric Power Or Communication Lines:
a. Code Compliance: Electric power or communications facilities within city rights of way shall be
constructed, operated, and maintained in conformity with the provisions of 83 Illinois administrative
code part 305 (formerly general order 160 of the Illinois commerce commission) entitled "rules for
construction of electric power and communication lines", and the national electrical safety code.
b. Overhead Facilities: Overhead power or communication facilities shall use single pole construction
and, where practicable, joint use of poles shall be used. Utilities shall make every reasonable effort
to design the installation so guys and braces will not be needed. Variances may be allowed if there
is no feasible alternative and if guywires are equipped with guy guards for maximum visibility.
c. Underground Facilities:
(1) Cable may be installed by trenching or plowing, provided that special consideration is given to
boring in order to minimize damage when crossing improved entrances and side roads.
(2) If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore
pits. Encasement may be eliminated only if: a) the crossing is installed by the use of "moles", "whip
augers", or other approved methods which compress the earth to make the opening for cable
installation or b) the installation is by the open trench method which is only permitted prior to
roadway construction.
(3) Cable shall be grounded in accordance with the national electrical safety code.
d. Burial Of Drops: All temporary service drops placed between November 1 of the prior year and
March 15 of the current year, also known as snow drops, shall be buried by May 31 of the current
year, weather permitting, unless otherwise permitted by the city. Weather permitting, utilities shall
bury all temporary drops, excluding snow drops, within ten (10) business days after placement.
2. Underground Facilities Other Than Electric Power Or Communication Lines: Underground facilities
other than electric power or communication lines may be installed by:
a. The use of "moles", "whip augers", or other approved methods which compress the earth to move
the opening for the pipe;
b. Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the
highway;
c. Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior
to roadway construction; or
d. Tunneling with vented encasement, but only if installation is not possible by other means.
3. Gas Transmission, Distribution And Service: Gas pipelines within rights of way shall be constructed,
maintained, and operated in a city approved manner and in conformance with the federal code of the
office of pipeline safety operations, department of transportation, part 192 - transportation of natural
and other gas by pipeline: minimum federal safety standards (49 CFR section 192), IDOT's
"Standard Specifications For Road And Bridge Construction", and all other applicable laws, rules,
and regulations.
4. Petroleum Products Pipelines: Petroleum products pipelines within rights of way shall conform to the
applicable sections of ANSI standard code for pressure piping (liquid petroleum transportation piping
systems ANSI-B 31.4).
5. Water Lines, Sanitary Sewer Lines, Storm Water Sewer Lines Or Drainage Lines: Water lines,
sanitary sewer lines, storm sewer lines, and drainage lines within rights of way shall meet or exceed
the recommendations of the current "Standard Specifications For Water And Sewer Main
Construction In Illinois" and "Yorkville's Standard Specifications For Improvements".
6. Ground Mounted Appurtenances: Ground mounted appurtenances to overhead or underground
facilities, when permitted within a right of way, shall be provided with a vegetation free area
extending one foot (1') (305 mm) in width beyond the appurtenance in all directions. The vegetation
free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar
material approved by the engineer. With the approval of the engineer, shrubbery surrounding the
appurtenance may be used in place of vegetation free area. The housing for ground mounted
appurtenances shall be painted a neutral color to blend with the surroundings.
C. Materials:
1. General Standards: The materials used in constructing facilities within rights of way shall be those
meeting the accepted standards of the appropriate industry, the applicable portions of IDOT's
"Standard Specifications For Road And Bridge Construction", the requirements of the Illinois
commerce commission, or the standards established by other official regulatory agencies for the
appropriate industry.
2. Material Storage On Right Of Way: No material shall be stored on the right of way without the prior
written approval of the city engineer. When such storage is permitted, all pipe, conduit, wire, poles,
cross arms, or other materials shall be distributed along the right of way prior to and during
installation in a manner to minimize hazards to the public or an obstacle to right of way maintenance
or damage to the right of way and other property. If material is to be stored on right of way, prior
approval must be obtained from the city.
3. Hazardous Materials: The plans submitted by the utility to the city shall identify any hazardous
materials that may be involved in the construction of the new facilities or removal of any existing
facilities.
D. Operational Restrictions:
1. Construction operations on rights of way may, at the discretion of the city, be required to be
discontinued when such operations would create hazards to traffic or the public health, safety, and
welfare. Such operations may also be required to be discontinued or restricted when conditions are
such that construction would result in extensive damage to the right of way or other property.
2. These restrictions may be waived by the engineer when emergency work is required to restore vital
utility services.
3. Unless otherwise permitted by the city, the hours of construction are those set forth in section 8-1-2B
of this code.
E. Location Of Existing Facilities: Any utility proposing to construct facilities in the city shall contact
JULIE and ascertain the presence and location of existing aboveground and underground
facilities within the rights of way to be occupied by its proposed facilities. The city will make its
permit records available to a utility for the purpose of identifying possible facilities. When notified
of an excavation or when requested by the city or by JULIE, a utility shall locate and physically
mark its underground facilities within forty eight (48) hours, excluding weekends and holidays, in
accordance with the Illinois underground facilities damage prevention act1. (Ord. 2007-97, 12-18-
2007)
7-8-17: SMALL WIRELESS FACILITIES
Regulation of Small Wireless Facilities.
Permitted Use. Small wireless facilities shall be classified as permitted uses and subject to
administrative review, except as provided in paragraph (9) regarding Height Exceptions or
Variances, but not subject to zoning review or approval if they are collocated (i) in rights-of-way
in any zoning district, or (ii) outside rights-of-way in property zoned exclusively for commercial or
industrial use.
Permit Required. An applicant shall obtain one or more permits from the City to collocate a
small wireless facility. An application shall be received and processed, and permits issued shall
be subject to the following conditions and requirements:
(1) Application Requirements. A wireless provider shall provide the following information
to the City, together with the City’s Small Cell Facilities Permit Application, as a
condition of any permit application to collocate small wireless facilities on a utility
pole or wireless support structure:
a. Site specific structural integrity and, for a municipal utility pole, make-ready
analysis prepared by a structural engineer, as that term is defined in Section
4 of the Structural Engineering Practice Act of 1989;
b. The location where each proposed small wireless facility or utility pole would
be installed and photographs of the location and its immediate surroundings
depicting the utility poles or structures on which each proposed small wireless
facility would be mounted or location where utility poles or structures would
be installed. This should include a depiction of the completed facility;
c. Specifications and drawings prepared by a structural engineer, as that term is
defined in Section 4 of the Structural Engineering Practice Act of 1989, for
each proposed small wireless facility covered by the application as it is
proposed to be installed;
d. The equipment type and model numbers for the antennas and all other
wireless equipment associated with the small wireless facility;
e. A proposed schedule for the installation and completion of each small
wireless facility covered by the application, if approved; and
f. Certification that the collocation complies with the Collocation Requirements
and Conditions contained herein, to the best of the applicant’s knowledge.
g. In the event that the proposed small wireless facility is to be attached to an
existing pole owned by an entity other than the City, the wireless provider
shall provide legally competent evidence of the consent of the owner of such
pole to the proposed collocation.
(2) Application Process. The City shall process applications as follows:
a. The first completed application shall have priority over applications received
by different applicants for collocation on the same utility pole or wireless
support structure.
b. An application to collocate a small wireless facility on an existing utility pole or
wireless support structure, or replacement of an existing utility pole or
wireless support structure shall be processed on a nondiscriminatory basis
and shall be deemed approved if the City fails to approve or deny the
application within 90 days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the City in writing of its
intention to invoke the deemed approved remedy no sooner than 75 days
after the submission of a completed application.
The permit shall be deemed approved on the latter of the 90th day after
submission of the complete application or the 10th day after the receipt of the
deemed approved notice by the City. The receipt of the deemed approved
notice shall not preclude the City's denial of the permit request within the time
limits as provided under this Ordinance.
c. An application to collocate a small wireless facility that includes the
installation of a new utility pole shall be processed on a nondiscriminatory
basis and deemed approved if the City fails to approve or deny the
application within 120 days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the City in writing of its
intention to invoke the deemed approved remedy no sooner than 105 days
after the submission of a completed application.
The permit shall be deemed approved on the latter of the 120th day after
submission of the complete application or the 10th day after the receipt of the
deemed approved notice by the City. The receipt of the deemed approved
notice shall not preclude the City's denial of the permit request within the time
limits as provided under this Ordinance.
d. The City shall deny an application which does not meet the requirements of
this Ordinance.
If the City determines that applicable codes, ordinances or regulations that
concern public safety, or the Collocation Requirements and Conditions
contained herein require that the utility pole or wireless support structure be
replaced before the requested collocation, approval shall be conditioned on
the replacement of the utility pole or wireless support structure at the cost of
the provider.
The City shall document the basis for a denial, including the specific code
provisions or application conditions on which the denial is based, and send
the documentation to the applicant on or before the day the City denies an
application.
The applicant may cure the deficiencies identified by the City and resubmit
the revised application once within 30 days after notice of denial is sent to the
applicant without paying an additional application fee. The City shall approve
or deny the revised application within 30 days after the applicant resubmits
the application or it is deemed approved. Failure to resubmit the revised
application within 30 days of denial shall require the applicant to submit a
new application with applicable fees, and recommencement of the City’s
review period.
The applicant must notify the City in writing of its intention to proceed with the
permitted activity on a deemed approved basis, which may be submitted with
the revised application.
Any review of a revised application shall be limited to the deficiencies cited in
the denial. However, this revised application does not apply if the cure
requires the review of a new location, new or different structure to be
collocated upon, new antennas, or other wireless equipment associated with
the small wireless facility.
e. Pole Attachment Agreement. Within 30 days after an approved permit to
collocate a small wireless facility on a municipal utility pole, the City and the
applicant shall enter into a Master Pole Attachment Agreement, provided by
the City for the initial collocation on a municipal utility pole by the application.
For subsequent approved permits to collocate on a small wireless facility on a
municipal utility pole, the City and the applicant shall enter into a License
Supplement of the Master Pole Attachment Agreement.
(3) Completeness of Application. Within 30 days after receiving an application, the City
shall determine whether the application is complete and notify the applicant. If an
application is incomplete, the City must specifically identify the missing information.
An application shall be deemed complete if the City fails to provide notification to the
applicant within 30 days after all documents, information and fees specifically
enumerated in the City's permit application form are submitted by the applicant to the
City.
Processing deadlines are tolled from the time the City sends the notice of
incompleteness to the time the applicant provides the missing information.
(4) Tolling. The time period for applications may be further tolled by:
a. An express written agreement by both the applicant and the City; or
b. A local, State or federal disaster declaration or similar emergency that causes
the delay.
(5) Consolidated Applications. An applicant seeking to collocate small wireless facilities
within the jurisdiction of the City shall be allowed, at the applicant's discretion, to file
a consolidated application and receive a single permit for the collocation of up to 25
small wireless facilities if the collocations each involve substantially the same type of
small wireless facility and substantially the same type of structure.
If an application includes multiple small wireless facilities, the City may remove small
wireless facility collocations from the application and treat separately small wireless
facility collocations for which incomplete information has been provided or that do not
qualify for consolidated treatment or that are denied. The City may issue separate
permits for each collocation that is approved in a consolidated application.
(6) Duration of Permits. The duration of a permit shall be for a period of not less than 5
years, and the permit shall be renewed for equivalent durations unless the City
makes a finding that the small wireless facilities or the new or modified utility pole do
not comply with the applicable City codes or any provision, condition or requirement
contained in this Ordinance.
If the Act is repealed as provided in Section 90 therein, renewals of permits shall be
subject to the applicable City code provisions or regulations in effect at the time of
renewal.
(7) Means of Submitting Applications. Applicants shall submit applications, supporting
information and notices to the City by personal delivery at the City’s designated place
of business, by regular mail postmarked on the date due or by any other commonly
used means, including electronic mail or via the City’s website.
Collocation Requirements and Conditions.
(1) Public Safety Space Reservation. The City may reserve space on municipal utility
poles for future public safety uses, for the City’s electric utility uses, or both, but a
reservation of space may not preclude the collocation of a small wireless facility
unless the City reasonably determines that the municipal utility pole cannot
accommodate both uses.
(2) Installation and Maintenance. The wireless provider shall install, maintain, repair and
modify its small wireless facilities in safe condition and good repair and in
compliance with the requirements and conditions of this Ordinance. The wireless
provider shall ensure that its employees, agents or contracts that perform work in
connection with its small wireless facilities are adequately trained and skilled in
accordance with all applicable industry and governmental standards and regulations.
(3) No interference with public safety communication frequencies. The wireless
provider's operation of the small wireless facilities shall not interfere with the
frequencies used by a public safety agency for public safety communications.
A wireless provider shall install small wireless facilities of the type and frequency that
will not cause unacceptable interference with a public safety agency's
communications equipment.
Unacceptable interference will be determined by and measured in accordance with
industry standards and the FCC's regulations addressing unacceptable interference
to public safety spectrum or any other spectrum licensed by a public safety agency.
If a small wireless facility causes such interference, and the wireless provider has
been given written notice of the interference by the public safety agency, the wireless
provider, at its own expense, shall remedy the interference in a manner consistent
with the abatement and resolution procedures for interference with public safety
spectrum established by the FCC including 47 CFR 22.970 through 47 CFR 22.973
and 47 CFR 90.672 through 47 CFR 90.675.
The City may terminate a permit for a small wireless facility based on such
interference if the wireless provider is not in compliance with the Code of Federal
Regulations cited in the previous paragraph. Failure to remedy the interference as
required herein shall constitute a public nuisance.
(4) The wireless provider shall not collocate small wireless facilities on City utility poles
that are part of an electric distribution or transmission system within the
communication worker safety zone of the pole or the electric supply zone of the pole.
However, the antenna and support equipment of the small wireless facility may be
located in the communications space on the City utility pole and on the top of the
pole, if not otherwise unavailable, if the wireless provider complies with applicable
codes for work involving the top of the pole.
For purposes of this subparagraph, the terms "communications space",
"communication worker safety zone", and "electric supply zone" have the meanings
given to those terms in the National Electric Safety Code as published by the
Institute of Electrical and Electronics Engineers.
(5) The wireless provider shall comply with all applicable codes and local code
provisions or regulations that concern public safety.
(6) The wireless provider shall comply with written design standards that are generally
applicable for decorative utility poles, or reasonable stealth, concealment and
aesthetic requirements that are set forth in a City ordinance, written policy adopted
by the City, a comprehensive plan or other written design plan that applies to other
occupiers of the rights-of-way, including on a historic landmark or in a historic district.
(7) Alternate Placements. Except as provided in this Collocation Requirements and
Conditions Section, a wireless provider shall not be required to collocation small
wireless facilities on any specific utility pole, or category of utility poles, or be
required to collocate multiple antenna systems on a single utility pole. However, with
respect to an application for the collocation of a small wireless facility associated with
a new utility pole, the City may propose that the small wireless facility be collocated
on an existing utility pole or existing wireless support structure within 100 feet of the
proposed collocation, which the applicant shall accept if it has the right to use the
alternate structure on reasonable terms and conditions, and the alternate location
and structure does not impose technical limits or additional material costs as
determined by the applicant.
If the applicant refuses a collocation proposed by the City, the applicant shall provide
written certification describing the property rights, technical limits or material cost
reasons the alternate location does not satisfy the criteria in this paragraph.
(8) Height Limitations. The maximum height of a small wireless facility shall be no more
than 10 feet above the utility pole or wireless support structure on which the small
wireless facility is collocated.
New or replacement utility poles or wireless support structures on which small
wireless facilities are collocated may not exceed the higher of:
a. 10 feet in height above the tallest existing utility pole, other than a utility pole
supporting only wireless facilities, that is in place on the date the application
is submitted to the City, that is located within 300 feet of the new or
replacement utility pole or wireless support structure and that is in the same
right-of-way within the jurisdictional boundary of the City, provided the City
may designate which intersecting right-of-way within 300 feet of the proposed
utility pole or wireless support structures shall control the height limitation for
such facility; or
b. 45 feet above ground level.
(9) Height Exceptions or Variances. If an applicant proposes a height for a new or
replacement pole in excess of the above height limitations on which the small
wireless facility is proposed for collocation, the applicant shall apply for a variance in
conformance with procedures, terms and conditions set forth in section 7-8-22 below.
(10) Contractual Design Requirements. The wireless provider shall comply with
requirements that are imposed by a contract between the City and a private property
owner that concern design or construction standards applicable to utility poles and
ground-mounted equipment located in the right-of-way.
(11) Ground-mounted Equipment Spacing. The wireless provider shall comply with
applicable spacing requirements in applicable codes and ordinances concerning the
location of ground-mounted equipment located in the right-of-way if the requirements
include a waiver, zoning or other process that addresses wireless provider requests
for exception or variance and do not prohibit granting of such exceptions or
variances.
(12) Undergrounding Regulations. The wireless provider shall comply with local code
provisions or regulations concerning undergrounding requirements that prohibit the
installation of new or the modification of existing utility poles in a right-of-way without
prior approval if the requirements include a waiver, zoning or other process that
addresses requests to install such new utility poles or modify such existing utility
poles and do not prohibit the replacement of utility poles.
(13) Collocation Completion Deadline. Collocation for which a permit is granted shall
be completed within 180 days after issuance of the permit, unless the City and the
wireless provider agree to extend this period or a delay is caused by make-ready
work for a municipal utility pole or by the lack of commercial power or backhaul
availability at the site, provided the wireless provider has made a timely request
within 60 days after the issuance of the permit for commercial power or backhaul
services, and the additional time to complete installation does not exceed 360 days
after issuance of the permit. Otherwise, the permit shall be void unless the City
grants an extension in writing to the applicant.
Application:
(1) The City shall not require an application, approval or permit, or require any fees or other
charges, from a communications service provider authorized to occupy the rights-of-way,
for:
a. routine maintenance;
b. the replacement of wireless facilities with wireless facilities that are substantially
similar, the same size, or smaller if the wireless provider notifies the City at least
10 days prior to the planned replacement and includes equipment specifications
for the replacement of equipment consistent with subsection d. under the Section
titled Application Requirements; or
c. the installation, placement, maintenance, operation or replacement of micro
wireless facilities suspended on cables that are strung between existing utility
poles in compliance with applicable safety codes.
(2) Wireless providers shall secure a permit from the City to work within rights-of-way for
activities that affect traffic patterns or require lane closures.
Exceptions to Applicability. Nothing in this Ordinance authorizes a person to collocate small
wireless facilities on:
(1) property owned by a private party or property owned or controlled by the City or another
unit of local government that is not located within rights-of-way, or a privately owned
utility pole or wireless support structure without the consent of the property owner;
(2) property owned, leased, or controlled by a park district, forest preserve district, or
conservation district for public park, recreation or conservation purposes without the
consent of the affected district, excluding the placement of facilities on rights-of-way
located in an affected district that are under the jurisdiction and control of a different unit
of local government as provided by the Illinois Highway Code; or
(3) property owned by a rail carrier registered under Section 18c-7201 of the Illinois Vehicle
Code, Metra Commuter Rail or any other public commuter rail service, or an electric
utility as defined in Section 16-102 of the Public Utilities Act, without the consent of the
rail carrier, public commuter rail service, or electric utility. The provisions of this
Ordinance do not apply to an electric or gas public utility or such utility's wireless
facilities if the facilities are being used, developed and maintained consistent with the
provisions of subsection (i) of Section 16-108.5 of the Public Utilities Act.
For the purposes of this subsection, "public utility" has the meaning given to that term in
Section 3-105 of the Public Utilities Act. Nothing in this Ordinance shall be construed to
relieve any person from any requirement (a) to obtain a franchise or a State-issued
authorization to offer cable service or video service or (b) to obtain any required
permission to install, place, maintain, or operate communications facilities, other than
small wireless facilities subject to this Ordinance.
Pre-Existing Agreements. Existing agreements between the City and wireless providers that
relate to the collocation of small wireless facilities in the right-of-way, including the collocation of
small wireless facilities on City utility poles, that are in effect on June 1, 2018, remain in effect
for all small wireless facilities collocated on the City’s utility poles pursuant to applications
submitted to the City before June 1, 2018, subject to applicable termination provisions contained
therein. Agreements entered into after June 1, 2018, shall comply with this Ordinance.
A wireless provider that has an existing agreement with the City on the effective date of the Act
may accept the rates, fees and terms that the City makes available under this Ordinance for the
collocation of small wireless facilities or the installation of new utility poles for the collocation of
small wireless facilities that are the subject of an application submitted two or more years after
the effective date of the Act by notifying the City that it opts to accept such rates, fees and
terms. The existing agreement remains in effect, subject to applicable termination provisions, for
the small wireless facilities the wireless provider has collocated on the City’s utility poles
pursuant to applications submitted to the City before the wireless provider provides such notice
and exercises its option under this paragraph.
Annual Recurring Rate. A wireless provider shall pay to the City an annual recurring rate to
collocate a small wireless facility on a City utility pole located in a right-of-way that equals (i)
$200 per year or (ii) the actual, direct and reasonable costs related to the wireless provider’s
use of space on the City utility pole.
If the City has not billed the wireless provider actual and direct costs, the fee shall be $200
payable on the first day after the first annual anniversary of the issuance of the permit or notice
of intent to collocate, and on each annual anniversary date thereafter.
Abandonment. A small wireless facility that is not operated for a continuous period of 12
months shall be considered abandoned. The owner of the facility shall remove the small
wireless facility within 90 days after receipt of written notice from the City notifying the wireless
provider of the abandonment.
The notice shall be sent by certified or registered mail, return receipt requested, by the City to
the owner at the last known address of the wireless provider. If the small wireless facility is not
removed within 90 days of such notice, the City may remove or cause the removal of such
facility pursuant to the terms of its pole attachment agreement for municipal utility poles or
through whatever actions are provided for abatement of nuisances or by other law for removal
and cost recovery.
A wireless provider shall provide written notice to the City if it sells or transfers small wireless
facilities within the jurisdiction of the City. Such notice shall include the name and contact
information of the new wireless provider.
Section 4. Dispute Resolution.
The Circuit Court of Kendall County shall have exclusive jurisdiction to resolve all disputes
arising under the Small Wireless Facilities Deployment Act. Pending resolution of a dispute
concerning rates for collocation of small wireless facilities on municipal utility poles within the
right-of-way, the City shall allow the collocating person to collocate on its poles at annual rates
of no more than $200 per year per municipal utility pole, with rates to be determined upon final
resolution of the dispute.
Indemnification.
A wireless provider shall indemnify and hold the City harmless against any and all liability or
loss from personal injury or property damage resulting from or arising out of, in whole or in part,
the use or occupancy of the City improvements or right-of-way associated with such
improvements by the wireless provider or its employees, agents, or contractors arising out of the
rights and privileges granted under this Ordinance and the Act. A wireless provider has no
obligation to indemnify or hold harmless against any liabilities and losses as may be due to or
caused by the sole negligence of the City or its employees or agents. A wireless provider shall
further waive any claims that they may have against the City with respect to consequential,
incidental, or special damages, however caused, based on the theory of liability.
Insurance.
The wireless provider shall carry, at the wireless provider's own cost and expense, the following
insurance:
(i) property insurance for its property's replacement cost against all risks;
(ii) workers' compensation insurance, as required by law;
OR
(iii) commercial general liability insurance with respect to its activities on the City improvements
or rights-of-way to afford minimum protection limits consistent with its requirements of other
users of City improvements or rights-of-way, including coverage for bodily injury and property
damage.
The wireless provider shall include the City as an additional insured on the commercial general
liability policy and provide certification and documentation of inclusion of the City in a
commercial general liability policy prior to the collocation of any wireless facility.
A wireless provider may self-insure all or a portion of the insurance coverage and limit
requirement required by the City. A wireless provider that self-insures is not required, to the
extent of the self-insurance, to comply with the requirement for the name of additional insureds
under this Section. A wireless provider that elects to self-insure shall provide to the City
evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage limits
required by the City.
7-8-1718: VEGETATION CONTROL:
A. Electric Utilities; Compliance With State Laws And Regulations: An electric utility shall conduct all
tree trimming and vegetation control activities in the right of way in accordance with applicable
Illinois laws and regulations, and additionally, with such local franchise or other agreement with
the city as permitted by law.
B. Other Utilities; Tree Trimming Permit Required: Tree trimming that is done by any other utility with
facilities in the right of way and that is not performed pursuant to applicable Illinois laws and
regulations specifically governing same, shall not be considered a normal maintenance
operation, but shall require the application for, and the issuance of, a permit, in addition to any
other permit required under this chapter.
1. Application For Tree Trimming Permit: Applications for tree trimming permits shall include assurance
that the work will be accomplished by competent workers with supervision who are experienced in
accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the
interest of assuring that the work will be expeditiously accomplished.
2. Damage To Trees: Poor pruning practices resulting in damaged or misshapen trees will not be
tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of
damages. The city will require compensation for trees extensively damaged and for trees removed
without authorization. The formula developed by the International Society of Arboriculture will be
used as a basis for determining the compensation for damaged trees or unauthorized removal of
trees. The city may require the removal and replacement of trees if trimming or radical pruning would
leave them in an unacceptable condition.
C. Specimen Trees Or Trees Of Special Significance: The city may require that special measures be
taken to preserve specimen trees or trees of special significance. The required measures may
consist of higher poles, side arm extensions, covered wire or other means.
D. Chemical Use:
1. Except as provided in the following subsection, no utility shall spray, inject or pour any chemicals on
or near any trees, shrubs or vegetation in the city for any purpose, including the control of growth,
insects or disease.
2. Spraying of any type of brush killing chemicals will not be permitted on rights of way unless the utility
demonstrates to the satisfaction of the engineer that such spraying is the only practicable method of
vegetation control. (Ord. 2007-97, 12-18-2007)
7-8-1819: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY
FACILITIES:
A. Notice: Within ninety (90) days following written notice from the city, a utility shall, at its own
expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or
alter the position of any utility facilities within the rights of way whenever the corporate authorities
have determined that such removal, relocation, change or alteration, is reasonably necessary for
the construction, repair, maintenance, or installation of any city improvement in or upon, or the
operations of the city in or upon, the rights of way.
B. Removal Of Unauthorized Facilities: Within thirty (30) days following written notice from the city,
any utility that owns, controls, or maintains any unauthorized facility or related appurtenances
within the rights of way shall, at its own expense, remove all or any part of such facilities or
appurtenances from the rights of way. A facility is unauthorized and subject to removal in the
following circumstances:
1. Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by
applicable law;
2. If the facility was constructed or installed without the prior grant of a license or franchise, if required;
3. If the facility was constructed or installed without prior issuance of a required permit in violation of
this chapter; or
4. If the facility was constructed or installed at a location not permitted by the permittee's license or
franchise.
C. Emergency Removal Or Relocation Of Facilities: The city retains the right and privilege to cut or
move any facilities located within the rights of way of the city, as the city may determine to be
necessary, appropriate or useful in response to any public health or safety emergency. If
circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting
or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
D. Abandonment Of Facilities: Upon abandonment of a facility within the rights of way of the city, the
utility shall notify the city within ninety (90) days. Following receipt of such notice the city may
direct the utility to remove all or any portion of the facility if the city engineer determines that such
removal will be in the best interest of the public health, safety and welfare. In the event that the
city does not direct the utility that abandoned the facility to remove it, by giving notice of
abandonment to the city, the abandoning utility shall be deemed to consent to the alteration or
removal of all or any portion of the facility by another utility or person. (Ord. 2007-97, 12-18-
2007)
7-8-1920: CLEANUP AND RESTORATION:
The utility shall submit a landscape restoration plan to the city engineer for approval. The utility shall
remove all excess material and restore all turf and terrain and other property within ten (10) days
after any portion of the rights of way are disturbed, damaged or destroyed due to construction or
maintenance by the utility, all to the satisfaction of the city engineer. This includes restoration of
entrances and side roads. Restoration of roadway surfaces shall be made using materials and
methods approved by the city engineer in the landscape restoration plan. Such cleanup and repair
may be required to consist of backfilling, regrading, reseeding, resodding, or any other requirement
to restore the right of way to a condition substantially equivalent to that which existed prior to the
commencement of the project. The time period provided in this section may be extended by the city
engineer for good cause shown. (Ord. 2007-97, 12-18-2007)
7-8-2021: MAINTENANCE AND EMERGENCY MAINTENANCE:
A. General: Facilities on, over, above, along, upon, under, across, or within rights of way are to be
maintained by or for the utility in a manner satisfactory to the city and at the utility's expense.
B. Emergency Maintenance Procedures: Emergencies may justify noncompliance with normal
procedures for securing a permit:
1. If an emergency creates a hazard on the traveled portion of the right of way, the utility shall take
immediate steps to provide all necessary protection for traffic on the highway or the public on the
right of way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the
traveled way, but the nature of the emergency is such as to require the parking on the shoulder of
equipment required in repair operations, adequate signs and lights shall be provided. Parking on the
shoulder in such an emergency will only be permitted when no other means of access to the facility
is available.
2. In an emergency, the utility shall, as soon as possible, notify the city engineer or his or her duly
authorized agent of the emergency, informing him or her as to what steps have been taken for
protection of the traveling public and what will be required to make the necessary repairs. If the
nature of the emergency is such as to interfere with the free movement of traffic, the city police shall
be notified immediately.
3. In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable
and with the least inconvenience to the traveling public.
C. Emergency Repairs: The utility must file in writing with the city a description of the repairs
undertaken in the right of way within forty eight (48) hours after an emergency repair. (Ord. 2007-
97, 12-18-2007)
7-8-2122: VARIANCES:
A. Request For Variance: A utility requesting a variance from one or more of the provisions of this
chapter must do so in writing to the city engineer as a part of the permit application. The request
shall identify each provision of this chapter from which a variance is requested and the reasons
why a variance should be granted.
B. Authority To Grant Variances: The city engineer shall decide whether a variance is authorized for
each provision of this chapter identified in the variance request on an individual basis.
C. Conditions For Granting Of Variance: The city engineer may authorize a variance only if the utility
requesting the variance has demonstrated that:
1. One or more conditions not under the control of the utility (such as terrain features or an irregular
right of way line) create a special hardship that would make enforcement of the provision
unreasonable, given the public purposes to be achieved by the provision; and
2. All other designs, methods, materials, locations or facilities that would conform with the provision
from which a variance is requested are impracticable in relation to the requested approach.
D. Additional Conditions For Granting Of A Variance: As a condition for authorizing a variance, the
city engineer may require the utility requesting the variance to meet reasonable standards and
conditions that may or may not be expressly contained within this chapter but which carry out the
purposes of this chapter.
E. Right To Appeal: Any utility aggrieved by any order, requirement, decision or determination,
including denial of a variance, made by the city engineer under the provisions of this chapter
shall have the right to appeal to the city council, or such other board or commission as it may
designate. The application for appeal shall be submitted in writing to the city clerk within thirty
(30) days after the date of such order, requirement, decision or determination. The city council
shall commence its consideration of the appeal at the council's next regularly scheduled meeting
occurring at least seven (7) days after the filing of the appeal. The city council shall timely decide
the appeal. (Ord. 2007-97, 12-18-2007)
7-8-2223: PENALTIES:
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of
this chapter shall be subject to fine in accordance with the penalty provisions of this code. There
may be times when the city will incur delay or other costs, including third party claims, because the
utility will not or cannot perform its duties under its permit and this chapter. Unless the utility shows
that another allocation of the cost of undertaking the requested action is appropriate, the utility shall
bear the city's costs of damages and its costs of installing, maintaining, modifying, relocating, or
removing the facility that is the subject of the permit. No other administrative agency or commission
may review or overrule a permit related cost apportionment of the city. Sanctions may be imposed
upon a utility that does not pay the costs apportioned to it. (Ord. 2007-97, 12-18-2007)
7-8-2324: ENFORCEMENT:
Nothing in this chapter shall be construed as limiting any additional or further remedies that the city
may have for enforcement of this chapter. (Ord. 2007-97, 12-18-2007)
Footnotes - Click any footnote link to go back to its reference.
Footnote 1: 220 ILCS 50/1 et seq.
Chapter 10
BUILDING PERMIT FEES
8-10-1: FEE SCHEDULE; PAYMENT OF FEES; FEE WAIVER;
MISCELLANEOUS FEES; SURCHARGE; STOP WORK ORDER;
REFUNDS; CERTIFICATE OF OCCUPANCY; SEWER CONNECTION FEE:
8-10-2: EFFECT ON EXISTING FEES:
8-10-1: FEE SCHEDULE; PAYMENT OF FEES; FEE WAIVER;
MISCELLANEOUS FEES; SURCHARGE; STOP WORK ORDER;
REFUNDS; CERTIFICATE OF OCCUPANCY; SEWER CONNECTION
FEE:
The hereinafter set forth fee schedule for the building department is the applicable fee rate
schedule for the United City Of Yorkville:
A. Fee Schedule:
Building permit fee:
New - commercial $750.00, plus $0.20 per square
foot
Addition - commercial $500.00, plus $0.20 per square
foot
Alteration - commercial $350.00, plus $0.10 per square
foot
New - multiple-family residential $350.00, plus $0.15 per square
foot
Alteration - multiple-family residential $175.00, plus $0.10 per square
foot
New - one- and two-family residential $650.00, plus $0.20 per square
foot
Addition - one- and two-family residential $125.00, plus $0.10 per square
foot
Alteration - one- and two-family residential $50.00, plus $0.05 per square
foot
Improvements requiring a permit (plan review fee included):
Commercial/residential roofing $ 50.00
Fence, patio, window replacement, or siding
50.00
Deck 135.00
Residential driveway 50.00
Commercial driveway/parking lot $90.00, plus any additional
engineering review fees (per
resolution 2002-27), plus any
additional consultant fees
Storage shed, pergola, arbor, or gazebo $ 50.00
Inground swimming pool 135.00
Aboveground swimming pool 90.00
Portable (temporary) swimming pool No charge
Electrical service panel replacement $ 50.00
Electrical alteration (excluding fixture
replacement)
50.00
Sign permit (without electric) 50.00
Sign permit (with electric) 100.00
Plumbing alteration (excluding fixture
replacement)
$135.00, plus any additional
consultant fees
Detached garage $180.00
Demolition permit 90.00
Building relocation 50.00
Temporary parking (travel trailers) 200.00
Tent or similar type structure 50.00
Elevator/escalator units $50.00 per unit, plus any
additional consultant fees
"Other" permits not listed that require code $ 50.00
compliance or inspection approval
"Occupancy permit" 50.00
"Temporary occupancy permit" 200.00
Telecommunication tower 750.00
Equipment shelter building for tower 750.00
Additional antenna or a single user group
of antennas on existing tower
250.00
Small wireless facility on an existing utility
pole or wireless support structure
$650.00
Small wireless facility in a consolidated
application for more than one facility on
existing poles or wireless support
structure.
$350.00
Small wireless facility installation on a
new utility pole.
$1000.00
Plan review fees:
New - commercial: Plan review fee based on the size of the building in cubic feet
Building Size Plan Review Fee
Up to 60,000 cubic feet $355.00
60,001 to 80,000 cubic feet 400.00
80,001 to 100,000 cubic feet 475.00
100,001 to 150,000 cubic feet 550.00
150,001 to 200,000 cubic feet 650.00
Over 200,000 cubic feet $650.00, plus $6.50 per 10,000
cubic feet over
Or, any consultant plan review fees
Alteration - commercial: Plan review fee based on the size of the building in cubic
feet
Building Size Plan Review Fee
Up to 60,000 cubic feet $177.50
60,001 to 80,000 cubic feet 200.00
80,001 to 100,000 cubic feet 237.50
100,001 to 150,000 cubic feet 275.00
150,001 to 200,000 cubic feet 325.00
Over 200,000 cubic feet $325.00, plus $3.25 per 10,000
cubic feet over Or, any consultant plan review fees
New - residential $100.00 per "dwelling unit", or
any consultant plan review fees
Engineering review fee See section 11-8-2 of this code
Fire protection systems:
Fire detection/alarm systems $115.00 per 10,000 square feet
of floor area, or any consultant
fees
Fire sprinkler systems: This fee based on the following criteria:
Number Of Sprinkler Heads Permit Fee
Up to 200 $250.00
201 to 300 300.00
301 to 500 400.00
Over 500 $450.00, plus $0.60 per sprinkler
over 500, or any consultant fees
Alternate fire suppression systems:
Standpipe $175.00 per standpipe riser
Specialized extinguisher agent (dry or other
chemical agent)
$125.00 per 50 pounds agent
Hood and duct cooking extinguisher agent $150.00 flat rate, per system, or
any consultant fees
(Ord. 2010-23, 5-25-2010; amd. Ord. 2011-08, 3-22-2011)
B. Payment Of Fees: A permit shall not be valid until the fees prescribed by law have been
paid. Nor shall an amendment to a permit be released until the additional fee, if any, has
been paid.
C. Fee Waiver For Public Governmental Agencies: Permit fees associated with
construction, alteration, or addition to any public governmental agency may be subject
to a fifty (50) to one hundred percent (100%) discount with approval and consent of the
city administrator. All out of pocket expenses and charges by outside agencies or
consultants shall be paid in full prior to final approval and/or issuance of the certificate of
occupancy.
D. Miscellaneous Fees: During the construction or remodeling process, inspections shall be
made to ensure compliance with applicable building codes, ordinances, or any state and
federal regulations.
Plumbing inspection fee $45.00 each, or any consultant fees
Miscellaneous inspection fee $35.00 each
In the event that a building official or city engineer determines, after a requested
inspection, that the work fails to comply with the approved plans associated with the
permit or fails to meet the requirements imposed by a local ordinance or a state statute,
the permit holder may be subject to reinspection fees in accordance with the following
schedule:
Building department:
First reinspection $ 50.00
Second reinspection 75.00
3 or more reinspections 100.00 each
Engineering department reinspections 100.00 each
E. Surcharge: It shall be unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, move, remove, demolish or occupy any building, structure or
equipment regulated by the building code, or cause same to be done, in conflict with or
in violation of any of the provisions of the building code. Any work performed prior to
obtaining the appropriate permit shall be subject to a permit fee surcharge in the amount
of fifty percent (50%) of the permit fee at a minimum charge of fifty dollars ($50.00).
F. Stop Work Order: Upon notice from the building official that work on any building or
structure is being prosecuted contrary to the provisions of the locally adopted building
code or in an unsafe and dangerous manner, such work shall be immediately stopped.
The stop work order shall be in writing and shall be given to the owner of the property
involved, or to the owner's agent, or to the person doing the work; and shall state the
conditions under which work will be permitted to resume. Any person who shall continue
any work in or about the structure after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be subject to fines in the amount of two hundred dollars ($200.00) to
seven hundred fifty dollars ($750.00) per offense. Each and every day constitutes a
separate offense and shall be fined accordingly.
G. Refunds: Any and all permits subject to a refund shall be subject to review and approval
by the city administrator.
H. Certificate Of Occupancy: No building or structure shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion
thereof shall be made until the building official has issued a certificate of occupancy
therefor as provided herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of the building code or of other
ordinances of the United City Of Yorkville. Certificates presuming to give authority to
violate or cancel the provisions of the building code or other ordinances of the United
City Of Yorkville shall not be valid.
I. Sewer Connection Fee:
1. A fee is hereby established payable for each PE or drain unit at the issuance of every
building permit issued by the city, for any parcel of real property located within the sanitary
sewer service area depicted in exhibit A attached to the ordinance codified herein and
incorporated herein by reference.
a. For purposes of residential sanitary sewer conversions, PE shall be calculated at the rate of
twenty five dollars ($25.00) per PE for single-family residential properties.
b. For all other properties the fee shall be calculated on the basis of twenty five dollars
($25.00) per drain unit, as calculated per section 7-6-4-1 of this code.
c. The above fees will, in addition, accumulate interest from the time of expenditure by the city
at a rate of eight percent (8%) per annum.
2. The above fees are to be paid for all building permits issued on real property located within
the sanitary sewer service area depicted in exhibit A attached to the ordinance codified
herein and incorporated herein by reference, for which a new sanitary sewer connection is
required.
3. The fee is applicable to both property within the city and property outside the city
boundaries which hook on to the city sanitary sewer system and are serviced by Yorkville-
Bristol sanitary district plant.
4. This fee shall be required to be paid on all affected real properties after the ordinance
codified herein is passed and approved by the city council; and due publication thereof.
5. The fees to be charged under the terms of the ordinance codified herein shall be imposed
for a period of twenty (20) years from the passage date hereof.
This fee is in addition to any other fees charged by the city for any other purpose
including any other sanitary sewer fees. (Ord. 2010-23, 5-25-2010)
8-10-2: EFFECT ON EXISTING FEES:
All existing building permit fees enacted by the city are hereby revoked. Prior ordinances
affecting zoning, utility, sewer, water, and other hookup fees, land cash fees, and the like
shall remain in full force and effect. (Ord. 2002-05, 3-26-2002)
Chapter 18
TELECOMMUNICATION TOWER AND ANTENNA
REGULATIONS
10-18-1: DEFINITIONS:
10-18-2: APPLICABILITY:
10-18-3: GENERAL REQUIREMENTS:
10-18-4: PERMITTED USES:
10-18-5: SPECIAL USES AND ACCESSORY USES:
10-18-6: NONCONFORMING USES:
10-18-7: ANNUAL REPORTING OF INFORMATION:
10-18-1: DEFINITIONS:
ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and
similar alternative design mounting structures that camouflage or conceal the presence of antennas
and towers.
ANTENNA: Communications equipment that transmits or receives electromagnetic radio signals
used in the provision of any type of wireless communications services not including small wireless
facilities..
ANTENNA STRUCTURES: Those structures which include the radiating and/or receiving system, its
supporting structures (see definition of tower), and any appurtenance mounted thereon as defined
by the FCC or any successor agency.
FAA: The Federal Aviation Administration.
FCC: The Federal Communications Commission.
HEIGHT: When referring to a tower or other structure, the distance measured from the finished
grade of the parcel to the highest point on the tower or other structure, including the base pad and
antenna structures.
NO-IMPACT ANTENNA AND TOWERS: A tower or antenna which is either: a) virtually invisible to
the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar
structure, or b) camouflaged so as to blend in with its surroundings to such an extent that it is no
more obtrusive to the casual observer than the structure on which it is: 1) placed, such as a rooftop,
lighting standard, or existing tower, or 2) replacing, such as a school athletic field light standard.
PERSONAL WIRELESS FACILITY: Any facility for the provision of personal wireless services as
defined by the FCC or any successor agency.
PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless services and
common carrier wireless exchange access services as defined by the FCC or any successor
agency.
PREEXISTING TOWERS OR ANTENNAS: Any tower or antenna for which a building permit or
conditional use permit has been properly issued prior to the effective date hereof, including permitted
towers and antennas that have not yet been constructed so long as such approval is current and not
expired.
SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications: (i)
each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the
case of an antenna that has exposed elements, the antenna and all of its exposed elements
could fit within an imaginary enclosure of no more than 6 cubic feet; and (ii) all other wireless
equipment attached directly to a utility pole associated with the facility is cumulatively no more
than 25 cubic feet in volume. The following types of associated ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment elements,
telecommunications demarcation box, ground-based enclosures, grounding equipment, power
transfer switch, cut-off switch, and vertical cable runs for the connection of power and other
services. Small wireless facilities are permitted uses if they are collocated in right-of-way in any
zoning district or outside rights-of-way in property zoned exclusively for commercial or industrial
use.
TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one
(1) or more antennas for telephone, radio and similar communications purposes, including self-
supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television
transmission towers, microwave towers, common carrier towers, cellular telephone towers,
alternative tower structures, and the like. The term includes the structure and any support thereto.
(Ord. 2014-73, 11-25-2014; amd. Ord. 2017-35, 6-27-2017)
10-18-2: APPLICABILITY:
A. New Towers And Antennas: All new towers or antennas in Yorkville shall be subject to these
regulations, except as provided in subsections B through E of this section inclusive.
B. Amateur Radio Station Operator/Receive Only Antennas: This chapter shall not govern any tower,
or the installation of any antenna, that is under eighty feet (80') in height and is owned and
operated by a Federally licensed amateur radio station operator or is used exclusively for receive
only antennas. No receive only antenna shall exceed the highest point on the nearest residential
rooftop of a dwelling by more than ten feet (10').
C. Preexisting Towers Or Antennas: Existing towers and existing antennas which predated this
chapter, shall not be required to meet the requirements of this chapter other than the
requirements of subsections 10-18-3F, H and R of this chapter. All preexisting towers and
antennas shall be subject to the tower and antenna administrative fee.
D. AM Array: For purposes of implementing this chapter, AM array, consisting of one (1) or more
tower units and supporting ground system which functions as one (1) AM broadcasting antenna,
shall be considered one (1) tower. Measurements for setbacks and separation distances shall be
measured from the outer perimeter of the towers included in the AM array. Additional tower units
may be added within the perimeter of the AM array by right. (Ord. 2014-73, 11-25-2014)
E. Within Public Right-Of-Way: If the tower and/or antenna is situated within the public right-of-way,
such tower and/or antenna must meet the requirements of title 7, chapter 8, "Construction Of
Utility Facilities In Rights-Of-Way", of this Code. (Ord. 2017-35, 6-27-2017)
10-18-3: GENERAL REQUIREMENTS:
A. Special Or Accessory Use: Antennas and towers may be considered either special or accessory
uses. A different existing use of an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot.
B. Lot Size: For purposes of determining whether the installation of a tower or antenna complies with
Yorkville's development regulations, including, but not limited to, setback requirements, lot
coverage requirements, and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased parcels within such lot.
C. Inventory Of Existing Sites: Each applicant for approval of an antenna and/or tower shall provide
to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or
antennas, that are either within the jurisdiction of Yorkville or within one (1) mile of the border
thereof, including specific information about the location, height, and design of each tower. The
Zoning Officer may share such information with other applicants applying for administrative
approvals or special use permits under this chapter or other organizations seeking to locate
antennas within the jurisdiction of Yorkville, provided, however that the Zoning Officer is not, by
sharing such information, in any way representing or warranting that such sites are available or
suitable.
D. Aesthetics: Towers and antennas shall meet the following requirements:
1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the
FAA, be painted a neutral color so as to reduce visual obtrusiveness.
2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use
materials, colors, textures, screening, and landscaping that will blend them into the natural settings
and surrounding buildings.
3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and
mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the
color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
E. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable
authority. If lighting is required, the lighting alternatives and design chosen must cause the least
disturbance to the surrounding views.
F. State Or Federal Requirements: All towers must meet or exceed current standards or regulations
of the FAA, the FCC and any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations are changed, then the
owners of the towers and antennas governed by this chapter shall bring such towers and
antennas into compliance with such revised standards and regulations within six (6) months of
the effective date of such standards and regulations, unless a more restrictive compliance
schedule is mandated by the controlling state or federal agency. Failure to bring towers and
antennas into compliance with such revised standards and regulations shall constitute grounds
for the removal of the tower or antenna at the owner's expense.
G. Building Codes/Safety Standards: Any owner or operator of an antenna, antenna structure or
tower shall maintain the antenna, antenna structure or tower in compliance with the standards
contained in the current and applicable state or local building codes and the applicable
standards for towers that are published by the national electrical code NFPA 70 and international
building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the
city of Yorkville concludes that a tower fails to comply with such codes and standards and
constitutes a danger to persons or property, then upon notice being provided to the owner of the
tower, the owner shall have thirty (30) days to bring such tower into compliance with such
standards. Failure to bring the antenna, antenna structure, or tower into compliance within the
thirty (30) day period shall constitute grounds for the removal of the antenna, antenna structure
or tower at the owner's expense.
H. Measurement: For purposes of measurement, tower setbacks and tower separation distances
shall be calculated and applied to facilities located in Yorkville irrespective of municipal and
county jurisdictional boundaries.
I. Not Essential Services: Antennas, antenna structures, and towers shall be regulated and permitted
pursuant to this chapter and shall not be regulated or permitted as essential services, public
utilities, or private utilities.
J. Public Notice: For purposes of this chapter, any special use request, variance request, or appeal
of an administratively approved use or special use shall require public notice and individual
notice by the city of Yorkville to all abutting property owners and all properties that are located
within two hundred fifty feet (250') of the zoning lot in question. Streets, alleys and watercourses
shall not be considered in the determination of "abutting" nor in calculating the two hundred fifty
feet (250').
K. Signs: No signs shall be allowed on an antenna or tower other than those required by the FCC.
L. Buildings And Support Equipment: Buildings and support equipment associated with antennas or
towers shall comply with the requirements of subsection 10-18-5K of this chapter.
M. Multiple Antenna/Tower Plan: The city of Yorkville encourages all plans for towers and antenna
sites to be submitted in a single application for approval of multiple towers and/or antenna sites.
Applications for approval of multiple sites shall be given priority in the review process.
N. Antenna On Existing Structures: Any antenna which is not attached to a tower may be approved
by the city of Yorkville as an accessory use to any commercial, industrial, professional,
institutional, or multi-family structure of eight (8) or more dwelling units, provided:
1. The antenna does not extend more than thirty feet (30') above the highest point of the structure;
2. The antenna complies with all applicable FCC and FAA regulations; and
3. The antenna complies with all applicable building codes and safety standards as referenced in
subsection G of this section.
O. Antennas On Existing Towers: An antenna which is attached to an existing tower may be
approved by the zoning officer and, to minimize adverse visual impacts associated with the
proliferation and clustering of towers, collocation of antennas by more than one carrier on
existing towers shall take precedence over the construction of new towers, provided such
collocation is accomplished in a manner consistent with the following:
1. Additional Antenna: A tower which is modified or reconstructed to accommodate the collocation of an
additional antenna shall be of the same tower type as the existing tower, unless the zoning officer
allows reconstruction as a monopole.
2. Height:
a. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the
tower's existing height, such height not exceeding one hundred fifty feet (150') in total, to
accommodate the collocation of an additional antenna.
b. The height change referred to in subsection O2a of this section may only occur one time per
communication tower.
c. The additional height referred to in subsection O2a of this section shall not require an additional
distance separation. The tower's premodification height shall be used to calculate such distance
separations.
3. On Site Location:
a. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be
moved on site within fifty feet (50') of its existing location.
b. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
c. A relocated on site tower shall continue to be measured from the original tower location for purposes
of calculating separation distances between towers. The relocation of a tower hereunder shall in no
way be deemed to cause a violation of this chapter.
d. The on site relocation of a tower which comes within the separation distances to residential units or
residentially zoned lands as established in this zoning ordinance shall only be permitted when
approved by the zoning officer.
4. New Towers In Nonresidential Zoning Districts: An applicant may locate any new tower in an O, B-1,
B-2, B-3, B-4, M-1, M-2, or A-1 zoning district, provided that: a) a licensed professional engineer
certifies the tower can structurally accommodate the number of shared users proposed by the
applicant; b) the zoning officer concludes the tower is in conformity with the goals set forth in this
subsection O and the requirements of this subsection; c) the tower meets the setback and
separation requirements in subsection 10-18-5E of this chapter; and d) the tower meets the following
height and usage criteria:
a. For a single user, up to and including one hundred twenty feet (120') in height;
b. For two (2) users, up to one hundred fifty feet (150') in height; and
c. For three (3) or more users, up to and including one hundred eighty feet (180') in height.
P. Roadway Access: All sites on which antennas, antenna structures and towers are located must
have a passable roadway access of compacted macadam base not less than seven inches (7")
thick surfaced with not less than two inches (2") of asphaltic concrete or some comparable
dustless material.
Q. Fencing: The structures upon any site upon which an antenna, antenna structure, or tower is
located shall be surrounded by an opaque screen which is no less than six feet (6') in height and
equipped with an appropriate anticlimbing device. Screening materials shall include either
wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden
or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases.
R. Disguised Structures: The provider of an antenna, antenna structure, or tower may propose to
disguise the proposed antenna, antenna structure or tower. Any such disguise must be
aesthetically consistent with the character of the surrounding area and environment, and be
constructed in such a manner where the health or safety of Yorkville residents shall not be
endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a
condition of approval of a building permit or special use permit if the antenna, antenna structure
or tower is to be erected on a golf course or other public recreational area.
S. Annual Administrative Fee And Certifications:
1. The annual administration fee payable to the city of Yorkville by any owner and/or operator of an
antenna, antenna structure, or tower shall be the sum of thirty five dollars ($35.00) which shall be
due on or before January 10 of each calendar year commencing with calendar year 2001.
2. In the event a tower is inspected and a certification provided by the owner and/or operator of said
tower or related facility showing compliance with all regulations, the above fee shall be the only fee
charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to
have the certification as is required annually to be filed with the city under the terms of this
subsection, the owner and/or operator shall reimburse the city for the actual cost of the outside
consultant the city deems necessary to conduct said inspection which shall be a minimum of three
hundred fifty dollars ($350.00) and any additional cost incurred therein.
The city of Yorkville reserves the right to increase or decrease the amount of the administrative fee
as it deems necessary. A separate administrative fee shall be paid by each user or collocator on a
tower.
T. Permit Required: Prior to the construction of an antenna, antenna structure or tower the provider
of the radio, television, or telecommunications services shall obtain a permit from Yorkville for
the erection of such antenna, antenna structure or tower. An applicant for a permit for an
antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set
forth in title 8, chapter 10 of this code, plus any reasonable legal, engineering, or consulting fees
at the conclusion of the review.
U. Waiver Of Provisions: An applicant can request a waiver of any provision of this chapter upon the
showing of appropriate justification and benefit to the public. Such request shall be treated as a
request for a variance and the appropriate procedures thereto shall apply. (Ord. 2014-73, 11-25-
2014)
10-18-4: PERMITTED USES:
A. General: The following uses listed in this section are deemed to be permitted uses and shall not
require administrative approval or a special use permit.
B. Uses: Antennas, antenna structures and towers are specifically permitted in any zoning
classification, except that part of any zoning district which is located in a floodplain, so long as
said antennas or towers conform to the following and all other requirements of this title:
Antennas and towers located on property owned, leased, or otherwise controlled by Yorkville,
particularly and expressly including Yorkville's water tower sites, and city hall and police station
sites, provided that a lease authorizing such antenna, antenna structure, or tower has been
approved by Yorkville.
Antennas or towers are permitted to be located on the Burlington Northern Railroad easement
running southwest and northeast through Yorkville, subject to subsections 10-18-3A through U of
this chapter.
No-impact antennas and towers. (Ord. 2014-73, 11-25-2014)
10-18-5: SPECIAL USES AND ACCESSORY USES:
A. General Provisions:
1. Radio and telecommunications antennas, antenna structures and towers used for personal wireless
facilities, personal wireless services, radio transmission, or television transmission shall be subject to
the special use provisions contained within section 10-4-9of this title and applications for special use
permits shall be subject to the procedures and requirements of this title, except as modified in this
chapter.
2. In granting a special use permit, the plan commission may impose conditions to the extent the plan
commission concludes such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
3. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or
electrical, shall be certified by a licensed professional engineer.
4. An applicant for a special use permit shall submit the information described in this section and a
nonrefundable fee as established by resolution of the city council of Yorkville to reimburse Yorkville
for the cost of reviewing the application.
5. Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of
the requirements of this chapter in the following zoning districts: R-1, single-family suburban
residence - private school, church, golf course, public utility facilities, public service use facilities with
radio or TV tower sites only; R-2, single-family traditional residence - private school, church, golf
course, public utility facilities, public service use facilities with radio or TV tower sites only; B-1, local
business district; B-2, retail commerce business district; B-3, general business district; B-4, service
business district; and A-1, agricultural district.
6. Antennas, antenna structures and towers shall be allowed as a special use in the E-1, estate district
if it is consistent with all of the requirements of this chapter and the following criteria:
a. The parcel that any antennas, antenna structures and towers are located on must be at least two (2)
acres.
b. The total height of the structure must be less than the distance from the base of the structure to the
closest property line of all adjacent parcels.
7. Antennas, antenna structures and towers shall be allowed as accessory uses only consistent with all
of the requirements of this chapter in the following zoning districts: M-1, limited manufacturing
district, and M-2, general manufacturing district.
B. Information Required: In addition to any information required for applications for special use
permits referenced above, each petitioner requesting a special use permit under this chapter for
an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation
view and other supporting drawings, calculations, and other documentation signed and sealed
by appropriate licensed professionals, showing the location, type and dimensions of all
improvements, including information concerning topography, radio frequency coverage, tower
height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping,
adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be
necessary to assess compliance for this chapter. In addition, the following information shall be
supplied:
1. Legal description of the parent track and leased parcel (if applicable);
2. The setback distance between the proposed structure and the nearest residential unit, platted
residentially zoned properties and unplatted residentially zoned property;
3. The separation distance from other structures in the inventory of existing sites submitted pursuant to
subsection 10-18-3C of this chapter shall be shown on an updated site plan or map and the
applicant shall also identify the type of construction of the existing structure(s) and the
owner/operator of the existing structure(s), if known;
4. A landscape plan showing specific landscape materials;
5. The method of fencing and finish color and, if applicable, the method of camouflage and illumination;
6. A description of compliance with subsections 10-18-3C, E, F, G, H, I, and M of this chapter and all
applicable federal, state or local laws;
7. A notarized statement by the applicant as to whether construction of the tower will accommodate
collocation of additional antennas for future users;
8. Identification of the entities providing the backhaul network for the structure(s) described in the
application and other cellular sites owned or operated by the applicant in Yorkville;
9. A description of the suitability of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services to be provided through the use of
the proposed new tower; and
10. A description of the feasible location(s) of future towers or antennas within Yorkville based upon
existing physical, engineering, technological or geographical limitations in the event the proposed
tower is erected.
11. An applicant shall be notified within thirty (30) days if the application is incomplete. The city shall
make a decision on collocation within ninety (90) days and all other siting applications within one
hundred fifty (150) days of the receipt of a completed application.
C. Factors Considered In Granting Special Use Permits: The city of Yorkville shall consider the
following factors in determining whether to issue a special use permit above and beyond those
factors referenced in section 10-4-9 of this title. The city of Yorkville may waive or reduce the
burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of
this chapter are better served thereby.
1. Height of the proposed antenna, antenna structure or tower;
2. Proximity of the antenna, antenna structure or tower to residential structures and residential district
boundaries;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and foliage;
6. Design of the antenna, antenna structure or tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress.
D. Height: No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear
feet in aerial height. Where an arm has been installed to facilitate collocation of an additional
antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve
(12) linear feet.
E. Setbacks And Separation:
1. Setbacks: Antennas, antenna structures or towers must be set back a distance equal to the height of
the antenna, antenna structure, or tower from any off site, residential structure. Antenna structures,
guylines, and equipment shelters must satisfy the minimum setback requirements for E-1, R-1, R-2,
R-2D, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts.
2. Separation: The following separation requirements shall apply to all towers and antennas for which a
special use permit is required; provided, however, that the plan commission may reduce the
standard separation requirements if the goals of this chapter would be better served thereby, or if
enforcement of said setback would effectively prohibit said tower:
a. Separation From Off Site Uses/Designated Area:
(1) Tower separation shall be measured from the base of the tower to the lot line of the off site uses
and/or designated areas as specified in table 10.18.01 of this section, except as otherwise provided
in table 10.18.01 of this section.
(2) Separation requirements for towers shall comply with the minimum standards established in table
10.18.01 of this section.
TABLE 10.18.01
SEPARATION REQUIREMENTS
Off Site Use/Designated Area
Separation Distance
Single-family or duplex residential units principal building 500 feet
Vacant single-family or duplex residentially zoned land
which is either platted or has preliminary subdivision plan
approval which is not expired
500 feet
Vacant unplatted residentially zoned lands, including
unplatted residential use property without a valid preliminary
subdivision plan or valid development plan approval and
any multi-family residentially zoned land greater than duplex
500 feet
Existing multi-family residential units greater than duplex 100 feet or 100
percent of the tower
height, whichever is
greater
Nonresidentially zoned lands or nonresidential uses None
The Fox River or any watercourse 500 feet, as measured
from the shore
Major highways (as defined in the Yorkville comprehensive
plan)
500 feet from the right
of way
b. Separation Distances Between Towers:
(1) Separation distances between towers shall be applicable for and measured between the proposed
tower and preexisting towers. The separation distances shall be measured by drawing or following a
straight line between the base of the existing tower and the proposed base, pursuant to a site plan,
of the proposed tower. The separation distances (listed in linear feet) shall be as shown in table
10.18.02 of this section.
TABLE 10.18.02
EXISTING TOWER SEPARATION DISTANCES
Existing
Tower Type
Separation Distance
Lattice Guyed
Monopole
(Taller Than
75 Feet)
Monopole
(Shorter Than
75 Feet)
Lattice 1,000 1,500 500 250
Guyed 1,000 1,750 1,500 1,250
Monopole (taller than 75 feet) 500 1,500 250 250
Monopole (shorter than 75 feet) 250 1,250 250 250
F. Siting On Wetland Prohibited: No antenna, antenna structure, or tower shall be located in an area
which has been designated as a wetland either by the city of Yorkville, Kendall County, the state
of Illinois department of natural resources, the United States department of the interior or the
United States army corps of engineers, and any and all governmental bodies and agencies
having jurisdiction.
G. FCC Signage: To the extent that signage is required by the FCC on an antenna structure, or
tower, that signage shall constitute no more than five percent (5%) of the square footage of the
antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever
shall constitute the smallest signage area.
H. Preservation Of Landscape: Existing mature tree growth and natural landforms on the proposed
antenna, antenna structure, or tower site shall be preserved to the maximum extent possible.
I. Utilities And Access Required: Radio and telecommunications antennas, antenna structures, and
towers, including, but not limited to, those used for personal wireless services, personal wireless
facilities and unlicensed wireless services, shall be required to include adequate utilities, access,
and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All
such utilities shall be buried.
J. Signal Interference: No signal transmission from any antenna, antenna structure, or tower shall
interfere with police, fire, public works or any other governmental radio band signals. In the case
of the possibility of such interference based upon the frequencies selected for the proposed
antenna, antenna structure, or tower, the petition for special use shall be denied.
K. Equipment Shelter And Equipment Cabinets:
1. Equipment Shelter: A provider of a radio, television, or telecommunications antenna, antenna
structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure,
or tower. The square footage of the equipment shelter may not exceed more than twenty percent
(20%) of the total square footage of the antenna, antenna structure or tower ground site or four
hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site
in which more than one antenna has been collocated, no more than three (3) equipment shelters
shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably
possible. No equipment shelter shall be approved as part of the site plan unless appropriate
electrical power and road ingress and egress facilities are planned for inclusion at the equipment
shelter site.
2. Equipment Cabinets:
a. In residential districts, the equipment cabinet or structure may be located in a front or side yard
provided the cabinet or structure is no greater than four feet (4') in height or twenty four (24) square
feet of gross floor area and the cabinet/structure is located a minimum of six feet (6') from all lot
lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at
least forty two (42) to forty eight inches (48") and a planted height of at least thirty six inches (36").
b. In a rear yard, provided the cabinet or structure is no greater than six feet (6') in height or sixty four
(64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or
shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches
(36"). In all other instances, structures or cabinets shall be screened from view of all residential
properties which abut or are directly across the street from the structure or cabinet by a solid fence
six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty
six inches (36").
c. In commercial or industrial districts the equipment cabinet or structure shall be no greater than six
feet (6') in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be
screened by a hedge or shrubbery with an ultimate height of eight feet (8') and a planted height of at
least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view
of all residential properties which abut or are directly across the street from the structure or cabinet
by a solid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a
planted height of at least thirty six inches (36").
L. Code Requirements: Any antenna, antenna structure, or tower must meet code requirements
established by the national electrical code, NFPA 70 and international building code; radio,
television towers codes currently in effect as required by Yorkville and all applicable marking and
lighting standards as established by the federal aviation administration.
M. Removal Of Abandoned Antennas, Antenna Structures, Or Towers: Any antenna, antenna
structure, or tower that is not operated for a continuous period of twelve (12) months or for which
the annual administrative fee is not paid within a twelve (12) month period shall be considered
abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from
within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such
abandonment. If such antenna, antenna structure, or tower is not removed within said ninety (90)
days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense
and file a lien against the real estate for the cost of removal or such other action as provided by
law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this
provision shall not become effective until all users cease using the antenna, antenna structure,
or tower.
N. Collocation: A request for approval of a special use permit for the installation of an antenna,
alternative antenna, antenna structure or tower, the zoning board may by express condition
require that the applicant shall allow, on a commercially reasonable basis, other providers of
personal wireless telecommunications services to collocate additional antennas or antenna
structures on a freestanding pole which is part of applicant's proposed personal wireless facility,
where collocation is technologically feasible. (Ord. 2014-73, 11-25-2014)
10-18-6: NONCONFORMING USES:
A. Prohibited Expansion Of Nonconforming Use: Towers that are constructed and antennas that are
installed in accordance with the provisions of this chapter shall not be deemed to constitute the
expansion of a nonconforming use or structure.
B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently
exist. Routine maintenance (including replacement with a new tower of like construction and
height) shall be permitted on such preexisting towers. New construction other than routine
maintenance on a preexisting tower shall comply with the requirements of this chapter.
C. Rebuilding Damaged Or Destroyed Nonconforming Antennas, Antenna Structures Or Towers:
Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas,
antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without
having first obtained administrative approval or a special use permit and without having to meet
the separation requirements specified elsewhere in this chapter. The type, height, and location of
the tower on site shall be of the same type and intensity as the original facility approved. Building
permits to rebuild a facility shall comply with the then applicable building codes and shall be
obtained within one hundred eighty (180) days from the date the facility is damaged or
destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or
antenna shall be deemed abandoned as specified in subsection 10-18-5M of this chapter. (Ord.
2014-73, 11-25-2014)
10-18-7: ANNUAL REPORTING OF INFORMATION:
Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including
those previously existing structures which would have been regulated under this chapter, shall, on
an annual basis, furnish Yorkville with such information as is required by Yorkville to aid with the
administration of this chapter, such as changes in availability of space on any tower for collocation of
additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible
collocation of another antenna, plans and/or willingness to modify said tower and antenna structure
so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other
nonproprietary information as may be required by Yorkville. Upon written notice from the city of
Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna
structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide
such nonproprietary information as is deemed useful by Yorkville for administration of this chapter.
This section is specifically deemed to have retroactive effect. (Ord. 2014-73, 11-25-2014)
Have a question or comment about this agenda item?
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Agenda Item Number
New Business #6
Tracking Number
PW 2018-70
Ground Effects Sidewalk
Public Works Committee – July 17, 2018
None
Review of Estimates
Brad Sanderson Engineering
Name Department
The purpose of this memo is to discuss the sidewalk along Greenbriar Road.
Since the June committee meeting, we have located the southern right-of-way along Greenbriar
Road. It has been staked in the field and is generally three feet or so south of the curb line.
We have prepared preliminary cost estimates for the following three options for extending
sidewalk to Rt 47. They are as follows:
Option 1 – North Side of Greenbriar
Total Estimated Cost: $80,300
No right-of-way required
Option 2 – South Side of Greenbriar (5’ Carriage Walk)
Total Estimated Cost: $150,700
Right-of-way required
Existing Landscaping Obstructions
Option 3 – South Side of Greenbriar (5’ Normal Sidewalk)
Total Estimated Cost: $276,600
Right-of-way required
Existing Landscaping Obstructions
Attached are detailed estimates along with exhibits. We will be prepared to discuss further at the
committee meeting.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: July 11, 2018
Subject: Ground Effects Sidewalk
JOB NO:
DESIGNED:
DATE:
PROJECT TITLE:
ITEM UNIT
NO.UNIT QUANTITY PRICE AMOUNT
1 CY 100 10.00$ 1,000.00$
2 EACH 2 175.00$ 350.00$
3 LF 20 50.00$ 1,000.00$
4 SF 150 10.00$ 1,500.00$
5 SF 4,400 8.00$ 35,200.00$
6 SF 20 35.00$ 700.00$
7 TON 20 50.00$ 1,000.00$
8 SUBBASE GRANULAR MATERIALS, TYPE B, CA-6 TON 120 40.00$ 4,800.00$
9 SY 980 8.00$ 7,840.00$
10 SY 10 150.00$ 1,500.00$
11 LF 80 10.00$ 800.00$
12 LF 25 15.00$ 375.00$
13 LS 1 5,000.00$ 5,000.00$
61,100.00$
10% CONTINGENCY 6,100.00$
67,200.00$
ESTIMATED ENGINEERING =10,100.00$
IDOT PERMIT =3,000.00$
TOTAL - ESTIMATED COST TO ENGINEER AND CONSTRUCT =80,300.00$
assumes 10' of curb each side of road at west end for road crossing
assumes 4 sidewalk squares at Route 47 and 2 on south side of Greenbriar where it tees into existing sidewalk to make a 2% sidewalk ramp
assumes sidewalk unit cost excludes earth excavation
assumes 4" thick and 6' wide sidewalk aggregate base
assumes restoration 10'' wide total for sidewalk for earth excavation/topsoil respread
assumes all work within City ROW with no temporary construction easements needed
assumes 6" topsoil strip and respread each side of sidewalk
assumes earth excavation can be respread and restored in north parkway; no CCDD required since staying onsite.
\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2018\YO1826-C Ground Effects\Eng\[Preliminary Cost Estimate 2018-07-10.xlsx]PCE Option 1 North Side
ITEM
YO1826
JDH
July 11, 2018
Ground Effects Sidewalk Addition
Preliminary Engineering Cost Estimate - Option 1 - North Side of Greenbriar Road
EARTH EXCAVATION AND RESPREAD IN PARKWAY
COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT
SIDEWALK REMOVAL AND REPLACEMENT
PCC SIDEWALK 5 INCH
DETECTABLE WARNINGS
NON-SPECIAL NON-HAZARDOUS WASTE REMOVAL
TREE ROOT PRUNING
SUB-TOTAL - ESTIMATED PROBABLE COST TO CONSTRUCT
ESTIMATED PROBABLE COST TO CONSTRUCT
RESTORATION
CLASS D PATCH, TYPE 1, 4"
THERMOPLASTIC PAVEMENT MARKING - 6"
TRAFFIC CONTROL AND PROTECTION
PAVEMENT MARKING REMOVAL
Page 1 of 1
B r i d g e B r i d g e
Green BriarGreen BriarEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.conPROPOSED SIDEWALK LOCATION MAPOPTION 1DATE:JULY 2018United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usGREENBRIAR SIDEWALK UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO1826PATH:H:/GIS/PUBLIC/YORKVILLE/2018/YO1826_SIDEWALK OPTION 1.MXDFILE:fffääNORTHCONNECTION TO SOUTH SIDEWALKCONNECTION TO SOUTH SIDEWALKUTILITY BOXESUTILITY BOXESLegendProposed Sidewalk
JOB NO:
DESIGNED:
DATE:
PROJECT TITLE:
ITEM UNIT
NO.UNIT QUANTITY PRICE AMOUNT
1 CY 110 40.00$ 4,400.00$
2 EACH 13 175.00$ 2,275.00$
3 LF 10 50.00$ 500.00$
4 SF 150 10.00$ 1,500.00$
5 SF 3,250 8.00$ 26,000.00$
6 SF 20 35.00$ 700.00$
7 TON 20 50.00$ 1,000.00$
8 SUBBASE GRANULAR MATERIALS, TYPE B, CA-6 TON 80 40.00$ 3,200.00$
9 BRICK PAVER REMOVAL SF 775 5.00$ 3,875.00$
10 BRICK PAVER REMOVAL AND REPLACEMENT WITH 4" AGG BASE SF 625 30.00$ 18,750.00$
11 SY 220 10.00$ 2,200.00$
12 LS 1 5,000.00$ 5,000.00$
69,400.00$
10% CONTINGENCY 6,900.00$
76,300.00$
ESTIMATED ENGINEERING =11,400.00$
IDOT PERMIT =3,000.00$
CCDD =5,000.00$
ROW ACQUISITION =21,000.00$
ROW RECORDING, APPRAISAL & NEGOTIATIONS =9,000.00$
LANDSCAPING REMOVAL =25,000.00$
TOTAL - ESTIMATED COST TO ENGINEER AND CONSTRUCT =150,700.00$
assumes all trees along Ground Effects are root pruned
assumes 5' wide carriage walk against the existing curb
assumes both driveways have sidewalk installed through them
assumes 10' of brick driveway removal & replacement behind sidewalk on west driveway to transition for 2% sidewalk cross slope (exist drive 3% to 5%)
assumes 5' of brick driveway removal for sidewalk on east driveway (exist drive 0% to 1%)
assumes 10' of curb removal at Route 47 for ADA ramp with detectable warning replacement
assumes no detectable warnings or curb removal each side of driveways
assumes sidewalk unit cost excludes earth excavation
assumes 4" thick and 5.5' wide sidewalk aggregate base
assumes restoration 2' on south side of sidewalk
assumes all earth excavation is hauled offsite requiring CCDD
assumes $25,000 in landscaping/retaining wall removal or replacement on the edge of driveways and in parkway tree area
assumes $10/sf ROW Acquisition cost for 3'x650' along sidewalk and 20'x10' at west end
assumes $2500 plat, $2000 appraisal, $1000 appraisal review and $3500 negotiations
assumes no temporary construction easements
\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2018\YO1826-C Ground Effects\Eng\[Preliminary Cost Estimate 2018-07-10.xlsx]PCE Option 2 SouthCarriageWalk
ITEM
YO1826
JDH
July 11, 2018
Ground Effects Sidewalk Addition
Preliminary Engineering Cost Estimate - Option 2 - South Side of Greenbriar Road 5' Carriage Walk
DETECTABLE WARNINGS
EARTH EXCAVATION
TREE ROOT PRUNING
COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT
SIDEWALK REMOVAL AND REPLACEMENT
PCC SIDEWALK 5 INCH
TRAFFIC CONTROL AND PROTECTION
SUB-TOTAL - ESTIMATED PROBABLE COST TO CONSTRUCT
ESTIMATED PROBABLE COST TO CONSTRUCT
NON-SPECIAL NON-HAZARDOUS WASTE REMOVAL
RESTORATION
Page 1 of 1
B r i d g e B r i d g e
Green BriarGreen BriarEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.conPROPOSED SIDEWALK LOCATION MAPOPTION 2 - CARRIAGE WALKDATE:JULY 2018United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usGREENBRIAR SIDEWALKUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO1826PATH:H:/GIS/PUBLIC/YORKVILLE/2018/YO1826_SIDEWALK OPTION 1.MXDFILE:fffääNORTHEDGE OF CURBLegendProposed SidewalkSTORM FLARED END
JOB NO:
DESIGNED:
DATE:
PROJECT TITLE:
ITEM UNIT
NO.UNIT QUANTITY PRICE AMOUNT
1 CY 110 40.00$ 4,400.00$
2 EACH 1 175.00$ 175.00$
3 UNIT 154 35.00$ 5,390.00$
4 SF 100 10.00$ 1,000.00$
5 SF 3,150 8.00$ 25,200.00$
6 LF 15 50.00$ 750.00$
7 TON 20 50.00$ 1,000.00$
8 SUBBASE GRANULAR MATERIALS, TYPE B, CA-6 TON 90 40.00$ 3,600.00$
9 BRICK PAVER REMOVAL SF 450 5.00$ 2,250.00$
10 BRICK PAVER REMOVAL AND REPLACEMENT WITH 4" AGG BASE SF 1,100 25.00$ 27,500.00$
11 SY 240 10.00$ 2,400.00$
12 LS 1 5,000.00$ 5,000.00$
78,700.00$
10% CONTINGENCY 7,900.00$
86,600.00$
ESTIMATED ENGINEERING =13,000.00$
IDOT PERMIT =3,000.00$
CCDD =5,000.00$
ROW ACQUISITION =110,000.00$
ROW RECORDING, APPRAISAL & NEGOTIATIONS =9,000.00$
LANDSCAPING REMOVAL =50,000.00$
TOTAL - ESTIMATED COST TO ENGINEER AND CONSTRUCT =276,600.00$
assumes eastern most tree is root pruned
assumes 11 trees removed at 14" diameter each
assumes both driveways have sidewalk installed through them
assumes 15' of brick driveway removal & replacement for apron on west driveway to transition for 2% sidewalk cross slope (exist drive 3% to 5%)
assumes 5' of brick driveway removal for sidewalk on east driveway (exist drive 0% to 1%)
assumes no curb at route 47
assumes sidewalk unit cost excludes earth excavation
assumes 4 sidewalk squares at route 47 for common square ADA compliance
assumes 4" thick and 6' wide sidewalk aggregate base
assumes 15 feet of 8" PVC under sidewalk for swale drainage at route 47
assumes restoration 2' on each side of sidewalk
assumes all earth excavation is hauled offsite requiring CCDD
assumes $50,000 in landscaping/retaining wall removal or replacement on the edge of driveways and in parkway/tree area
assumes $10/sf ROW Acquisition cost for 17'x650' along sidewalk
assumes $2500 plat, $2000 appraisal, $1000 appraisal review and $3500 negotiations
assumes no temporary construction easements
\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2018\YO1826-C Ground Effects\Eng\[Preliminary Cost Estimate 2018-07-10.xlsx]PCE Option3SouthParkwaySidewalk
ITEM
YO1826
JDH
July 11, 2018
Ground Effects Sidewalk Addition
Preliminary Engineering Cost Estimate - Option 3 - South Side of Greenbriar Road 14' Parkway with Walk
NON-SPECIAL NON-HAZARDOUS WASTE REMOVAL
EARTH EXCAVATION
TREE REMOVAL, 6-15 UNIT DIAMETER
SIDEWALK REMOVAL AND REPLACEMENT
PCC SIDEWALK 5 INCH
PVC CULVERT, 8-INCH
TREE ROOT PRUNING
RESTORATION
TRAFFIC CONTROL AND PROTECTION
SUB-TOTAL - ESTIMATED PROBABLE COST TO CONSTRUCT
ESTIMATED PROBABLE COST TO CONSTRUCT
Page 1 of 1
B r i d g e B r i d g e
Green BriarGreen BriarEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.conPROPOSED SIDEWALK LOCATION MAPOPTION 3 - 14' PARKWAYDATE:JULY 2018United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usGREENBRIAR SIDEWALKUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO1826PATH:H:/GIS/PUBLIC/YORKVILLE/2018/YO1826_SIDEWALK OPTION 3.MXDFILE:fffääNORTHTREE REMOVAL LegendProposed SidewalkSTORM FLARED ENDLANDSCAPING REMOVALLANDSCAPING REMOVAL
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Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Agenda Item Number
New Business #7
Tracking Number
PW 2018-71
Old Jail RFP
Public Works Committee – July 17, 2018
Majority
Approval
Please see attached memo.
Steve Raasch Public Works
Name Department
Summary
Extension of the original bid due date and opening from July 12, 2018 to July 17, 2018.
Background
Earlier this year the City Council requested staff to obtain bids to demolish the Old Jail at 111
W. Madison Street. During the project pre-bid meeting, staff discovered that the IEPA regulations have
changed, and that a full environmental study and report would need to be completed before the building
could be demolished. The study and report were also necessary for contractors to provide competitive
bids for this work.
Recommendation
Staff has already, administratively extended the the bid due date and bid opening to July 17,
2018 at 10:00am. This will allow the contractors who attended the pre-bid meeting to provide
competitive bids. The total bid amounts will be available for the July 17, 2018 Public Works Committee
Meeting, but may not be distributed as formal packages, based on the bid opening that morning.
Memorandum
To: Public Works Committee
From: Steve Raasch, Facilities Manager
CC: Bart Olson, City Administrator, Erin Willrett, Assistant City Administrator,
Eric Dhuse, Director of Public Works
Date: July 9, 2018
Subject: Old Jail Demolition and Site Restoration
v 0 Memorandum
To: Public Works Committee
ll
Esr.1 1836 From: Steve Raasch, Facilities Manager
t1 54) CC:Bart Olson, City Administrator, Erin Willrett,Assistant City Administrator,
0 p Eric Dhuse, Director of Public Works
Date: July 17, 2018LE ,V'Subject: Old Jail Demolition and Site Restoration cOt'
at ?k 711111e
Summary 7TVI
Bid Summary of the Public Bid Opening for the Old Jail Demolition and Site Restoration.
Background
Earlier this year the City Council requested staff to obtain bids to demolish the Old Jail at 111
W. Madison Street. The public bid opening took place on 7/17/18. Four contractors attended the bid
opening, as well as the Assistant City Administrator and Facilities Manager. The low bidding company
was"D"Construction at$78,000.00. There were a total of 6 bid submitted and the bids ranged from
78,000 - $145,650.00.
Recommendation
Staff recommends the approval of the"D" Construction Proposal, for immediate demolition and
site restoration,based on the poor condition of the building at the present time. This bid proposal is
guaranteed until 10/15/2018. If approved, a budget amendment would be required. If the committee
agrees, staff would forward the attached contract and resolution for approval at the July 24, 2018 City
Council Meeting.
Bid Opening
Project: 2018 Jail Demolition and Site Restoration
Date: 7/17/2018
Time: 10:00AM
Location: Yorkville City Hall
Alternate 1 10% Bid
Company Base Bid Signed Bond Exclusions
D Construction 78,000.00 Yes Yes None
Alessio & Sons 99,500.00 Yes Yes None
A-1 Fowler 118,000.00 Yes Yes None
Lite Construction, Inc. 123,700.00 Yes Yes None
J&S Construction Sewer& Water Inc. $ 141,000.00 Yes Yes None
Alpine Demolition Services 145,650.00 Yes Yes None
Brock Industrial Will be the subcontractor for "D" Construction Inc.
Dynamic Contracting Services Did not submit a bid for this project.
McDonagh Demolition Did not submit a bid for this project.
Signature Demolition Service, Inc Did not submit a bid for this project.
Addendums 1
Village Representatives Present Erin Willrett
Steve Raasch
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Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
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Community Development
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Parks and Recreation
Agenda Item Number
New Business #8
Tracking Number
PW 2018-72
Metra Support Resolution
Public Works Committee – July 17, 2018
Majority
Approval
Erin Willrett Administration
Name Department
Resolution No. 2018-____
Page 1
RESOLUTION NO. 2018-_______
_______________________________________________________________________
RESOLUTION SUPPORTING EXTENDING
METRA COMMUTER RAIL SERVICE TO
KENDALL COUNTY AS A HIGH PRIORITY IN
THE CHICAGO METROPOLITAN AGENCY
FOR PLANNING
ON TO 2050 PLAN
________________________________________________________________________
WHEREAS, Kendall County, Illinois is the only county in the Chicago Metropolitan Agency for
Planning (CMAP) region that is not served by Metra commuter rail service; and
WHEREAS, commuter rail service provides a plethora of benefits to a service area, including
traffic congestion mitigation, job creation and economic development, and providing a safer, more
affordable, and more environmentally conscious means of travel; and
WHEREAS, in 2001 and 2002, studies performed by Parsons Brinckerhoff concluded that
commuter rail ridership demand existed at that time, and that extending the Metra-Burlington Northern
Santa Fe commuter rail line from the City of Aurora into Kendall County is feasible; and
WHEREAS, since that time Kendall County’s population has more than doubled to
approximately 126,000 residents, making it the fastest growing area in Illinois and one of the fastest
growing regions in the country, achieving a 110.4% growth rate from 2000 to 2010; and
WHEREAS, CMAP estimates that Kendall County’s population will nearly double again by the
year 2040, and the demand for public transit will continue to grow as a result; and
WHEREAS, according to 2015 data from the United States Census Bureau, a total of 6,687
Kendall County residents commute to Chicago for their primary job, which equates to 10.42% of Kendall
County workers – a higher percentage than Kane County (9.32%) and McHenry County (8.93%)
commuters that are currently served by Metra service; and
WHEREAS, CMAP recommended extending Metra service into Kendall County in the GO TO
2040 comprehensive regional plan as a fiscally-unconstrained project; and
Resolution No. 2018-____
Page 2
WHEREAS, extending Metra service into Kendall County has strong support from local elected
officials, members of the Illinois General Assembly, and bipartisan federal support from both
Congressman Randy Hultgren (14th District) and Congressman Bill Foster (11th District); and
WHEREAS, between 2003 and 2007, the United States Congress reserved and directed $7.5
million to be used to study the Kendall County Metra extension; and
WHEREAS, using the $7.5 million in federal funds, Metra began Preliminary Engineering and a
Phase 1 Environmental Assessment for the project, both of which are expected to be concluded in 2019.
These studies will include the design of the extension and station sites and will include cost estimates and
preliminary financing strategies; and
WHEREAS, once the studies are complete, it is understood that joining the Regional
Transportation Authority (RTA) is a necessary step in the process to provide Metra rail service to Kendall
County; and
WHEREAS, the draft CMAP ON TO 2050 Plan includes extending Metra service into Kendall
County as a Regionally Significant fiscally-unconstrained project, noting that it is the most cost-effective
Metra extension project of those under consideration.
WHEREAS, in 2016 the United City of Yorkville adopted a Comprehensive Plan that designated
transit supportive land uses around the future Metra station area, including high-density multi-family
residential, commercial, and mixed-uses; and
WHEREAS, an extension of Metra commuter rail service into Kendall County would relieve
traffic congestion, promote greater mobility, create more livable communities, stimulate economic
activity in the region, provide access to jobs inside and outside of Kendall County, and provide an
environmentally conscious form of transportation for Kendall County.
Resolution No. 2018-____
Page 3
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, That the United City of
Yorkville hereby submits formal public comment in support of extending Metra Commuter Rail Service
to Kendall County as a High Priority in the Chicago Metropolitan Agency for Planning ON TO 2050
Plan.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
______ day of ____________________, 2018.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________ ALEX HERNANDEZ ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
______ day of ____________________, 2018.
______________________________
MAYOR
Attest:
___________________________________
City Clerk
Resolution No. 2018-____
Page 4
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
CERTIFICATE
I, Beth Warren, City Clerk of the United City of Yorkville, County of Kendall and State of
Illinois, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No._______:
“A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
SUPPORTING EXTENDING METRA COMMUTER RAIL SERVICE TO KENDALL COUNTY
AS A HIGH PRIORITY IN THE CHICAGO METROPOLITAN AGENCY FOR PLANNING
ON TO 2050 PLAN”
which was adopted by the Mayor and City Council of the United City of Yorkville on the _____ day of
____________, 2018.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the
United City of Yorkville this ________ day of _________________________, 2018.
____________________________________
Beth Warren, City Clerk
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
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City Administrator
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Community Development
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Parks and Recreation
Agenda Item Number
Old Business #1
Tracking Number
PW 2018-58
Beecher Center HVAC – Award of Contract
Public Works Committee – July 17, 2018
CC 06/26/18
Budget amendment was approved.
PW 2018-58
Majority
Approval
Steve Raasch Public Works
Name Department
Summary
Discussion of the bids received for the replacement of (2) existing HVAC Units at the Beecher
Community Center.
Background
Earlier this year, Farren Heating & Cooling of Yorkville, responded to a lack of heating at the
Beecher Community Center. They diagnosed that the heating portions on both Mammoth HVAC units
(300,000 &235,000 BTUs of heating), have failed and cannot be repaired, because parts are unavailable
based on the age of the units that were installed in 1981, and they are also past their useful life
expectancy. The existing units will not be able to heat the building when the temperatures fall later this
year. The existing units are under a roof system that was added after the units were original installed,
because of persistent roof leaks.
Based on this information, staff proceeded with the creation of a RFP, and went out to formal
bid. The RFP calls for the existing units to be disconnected, removed and disposed of, from under the
roof line. The replacement units are to be installed on the ground level on a concrete pad, to allow the
units better ventilation and easier access for future repairs. A 6” thick concrete pad will be installed on
ground level to hold the new units, and a 6’ tall cedar fence, with a gate, will be installed around the pad
for security. Insulated galvanized ductwork, will be run from the new units to the existing ductwork
openings inside the roofed in area. The new units will include economizers and power exhaust, which
will allow a more energy efficient way to heat and cool the building. The existing manual thermostats
will be replaced with a new Honeywell thermostat control system, which will allow the systems to be
monitored and controlled remotely. The new HVAC units will come with a 5 year manufacturer’s
warranty, and all work will come with a 1 year labor warranty.
Seven contractors attended the Pre-Bid Meeting on June 24, 2018. Of those 7 contractors, 2
submitted their bids on 5/24/18. The low bidder was R.J. O’Neil at $173,096 (including all 3 alternates),
but after the bid opening, they provided a letter clarifying their bid and also noted that they did not
include some items in their bid. Based on these exclusions, R.J. O’Neil was disqualified, and Trico
Mechanical became the low bidder at $319,725 (including all 3 alternates). The current bid pricing from
Trico Mechanical will expire on 8/22/2018. This project is not part of the approved FY19 budget.
Memorandum
To: Public Work Committee
From: Steve Raasch, Facilities Manager
CC: Bart Olsen, City Administrator, Erin Willrett, Assistant City Administrator,
Eric Dhuse, Director of Public Works
Date: June 12, 2018
Subject: Beecher Community Center HVAC Replacement
Recommendation
Staff recommends the approval of the Trico Mechanical Proposal, 3 alternates, and 3 addendums,
before 8/22/2018, for a cost not to exceed $319,725. If approved, a budget amendment would be
required. If the committee agrees, staff would forward the attached contract and resolution for approval
at a future City Council meeting.
Attachments
RFP
Addendums 1-3
Trico Mechanical Proposal
RJ O’Neil Proposal
RJ O’Neil Letter additional notes and changes to their original proposal
Contract
United City of Yorkville, Illinois
REQUEST FOR PROPOSAL
for an HVAC System Replacement at the Beecher Center
Legal Notice Posted: April 25, 2018
Pre-Bid Meeting May 8, 2018 at 10:00 AM
Proposals Due: May 17, 2018 at 10:00AM
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United City of Yorkville
REQUEST FOR PROPOSAL
HVAC System Replacement at the Beecher Center
May 2018
Table of Contents
A. Legal Notice to Bidders
B. General Information
C. Introduction
D. Project Specifications
E. Instructions to Bidders
F. Contract
G. Bid Certifications
H. References
I. Subcontractors
J. Equipment List
K. Bid Proposal Sheet
L. Bid Sheet Signature
M. Contractor Bid Agreement
United City of Yorkville, Illinois
LEGAL NOTICE
Request for Proposal
3 | P a g e
HVAC System Replacement at the Beecher Center
Sealed bids for an HVAC system replacement at the Beecher Center will be received at the
address listed below until May 17, 2018 at 10:00 a.m. All bids will be publicly opened
immediately thereafter. Proposals Bids not physically received by the City by 10:00 a.m. on
May 17, 2018 will be returned, unopened to the bidder. Emailed or faxed proposals will not
be accepted. All proposals should be addressed and delivered to:
United City of Yorkville
RE: (Vendor Name)
Bid for HVAC System Replacement at the Beecher Center
Attention: Steve Raasch, Facilities Manager
800 Game Farm Road
Yorkville, IL 60560
There will be a Pre-Bid Meeting at Yorkville City Hall on Tuesday, May 8, 2018 at 10:00 AM.
Bid packets are available online at http://www.yorkville.il.us. The link can be found under the
Business tab - Bids & RFPs. Additional packets may be picked up at City Hall, 800 Game Farm
Road, Yorkville, IL 60560. City Hall is open Monday through Friday, 8:00AM to 4:30PM.
Each bid must be accompanied by a Bid Guarantee in the form of a Bid Bond from a company
with an A-1 best rating, or a cashier’s check in the amount of ten percent (10%) of the bid and
made payable to the United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. No
bid shall be withdrawn for a period of thirty (30) days after the bid opening date without the
consent of the City. Checks or drafts of unsuccessful bidders will be returned as soon as possible
after award and execution of the contract. Contractor must comply with Prevailing Wage Act.
Any questions concerning this Request For Proposal, the actual specifications or the plans can be
forwarded by email to Eric Dhuse at edhuse@yorkville.il.us no later than May 10, 2018 at 5PM.
The City Council will make the final selection and award of the contract. The City Council reserves
the right to accept or reject any and all bids, to waive technicalities and to accept or reject any item
of any bid.
No communication, except as otherwise allowed in the specifications, shall occur regarding
this Request For Proposal, including requests for information, or speculation between
Bidder’s or any of their individual members and any City elected official, employee or
independently contracted employees or consultants. Failure to comply with this provision
may result in offeror’s proposal being removed from consideration
Any cost incurred by the Bidder in preparation, transmittal, or presentation of any information or
material submitted in response to the RFP, shall be borne solely by the Bidder.
Page | 1
General Information
The United City of Yorkville is seeking an experienced individual or firm for the removal and
replacement of the HVAC system at the Beecher Center. The Beecher Center is located at 901
Game Farm Rd, Yorkville, IL 60560.
The Contractor shall furnish and provide all labor, materials, tools, equipment and machinery,
unless otherwise specified, necessary to perform and complete, in a good and workmanlike
manner, the removal and replacement of the HVAC system at the Beecher Center . The
Contractor is responsible for being familiar with all conditions, instructions, and documents
governing this contract. Failure to make such preparations shall not excuse the Contractor from
performance of the duties and obligations imposed under the term of this contract.
Introduction
Project Description:
The City is requesting proposals according to the Project Specifications and Plans contained herein
(the “Project”). The Project consists of the removal and replacement of the HVAC system of the
Beecher Center. All equipment is currently roof mounted and concealed in ventilated attic/roof
space. A job site visit is expected to submit a comprehensive bid.
Project Specifications and Plans
Scope of Work: The City is requesting a turn-key proposal for the replacement of one (1)
Mammoth packaged heat/cool RTU and one (1) Mammoth heat only RTU with DX Condenser.
All equipment is currently roof mounted and concealed in ventilated attic/roof space. Bidders must
completely familiarize themselves with the specifications in this bid document.
Description of Work.
• Demo and removal existing equipment from the job site.
• Capping/covering of exiting unused roof curbs with galvanized steel caps, insulated on inside
of cap with 1” insulation.
• Below is the basis for design and the Contractor will be responsible for producing a set
of engineered and stamped drawings for the following:
1) Install two (2) Packaged Heat/cool units sized to handle current spaces conditioned
by the units designated for replacement. New units to be side discharge, equipped
with: economizers with built in power exhaust, humidification control, and CO2
monitoring, include new flat curbs supplied by manufacture. Acceptable
manufactures: Trane, Carrier Corp or equivalent. All submitting companies must
submit manufacture and basic model numbers, manufacturer specifications and cut
sheets with the bid submittals.
2) New units to be set to be set on manufactured supplied equipment curbs and new 6”
thick concrete reinforced concrete pad, large enough to allow for manufactures
required clearance. All pad work, grading and reseeding to be included in quote,
spoils that are not used for back fill or final grading to be hauled off site at the
expense of the contractor awarded the project. Exact location of new concrete pad to
be approved by the City of Yorkville. This will be a separate line item. The City
may be able to provide the concrete slab, time permitting.
2 | P a g e
3) Supply and return duct to be extended from point of disconnection in attic space and
connected to side discharge connections of corresponding new unit.
4) Contractor to supply stainless steel ductwork for all exterior ductwork until the
interior connection is made.
5) Bid needs to include hail guards installed on each unit.
6) Electric and gas from demo’d units from shall be extended to from attic space to
location of new units. All shut offs and disconnects in attic space to be removed and
new shut offs and disconnect switches to be installed per code at locatio n of new
units. Contractor to confirm that existing wiring, breakers and gas is of proper size
and should include any needed upgrades in their proposal.
7) Controls- Shall be stand alone digital thermostats with (7) day programmable
schedule, capable of controlling all functions of the new HVAC equipment.
Thermostats should also have a wifi option so that the Facilities Manager or Public
Works Director can monitor them through a cell phone application.
8) Six (6) foot tall Cedar privacy fence with locking double door gate sized large enough
to allow for future service or replacement of units shall be installed around concrete
pad.
9) Existing Condenser discharge opening in roof to have rain proof outside air hoods
installed to allow for ventilation of attic space.
10) Existing wood louvers on the south side of the building used for access to the attic
space shall be removed and discarded to allow for new duct work, access must be
maintained to allow for access into space.
11) Duct Insulation-All Exterior Supply and Return Duct work to be externally insulated
with 2” thick fiberglass board with Venture Clad wrap.
12) Test & Balance- At end of project the contractor will turn in a TAB certified report
showing: Manufactures test data, fan curves, total cfm, and static along with any
other relative performance data associated with specified equipment. Any belts,
sheaves or pulleys needed for adjustments to be installed with no added expense t o
the City of Yorkville.
Submittals: Contractor will be responsible for submitting the final design to the Director and/or
Facilities Manager for review and approval. The equipment submittals shall be approved and
stamped by a mechanical engineer.
Training: Contractor to provide one (1) training session for owners representative. Training to
include controls and general maintenance.
Billing/Invoicing: All billing and invoicing should be done at the completion of the project. Billing
will include the date, the items supplied with serial numbers, and the total cost of each line item.
After receipt of a correct invoice, payments shall be due and owing by the City in accordance with
the terms and provisions of the Local Government Prompt Payment Act, Illinois Compiled
Statutes, Ch. 50, Sec. 505, et. seq.;
If, in the opinion of the City, the Contractor has not or is not satisfactorily perfor min g the
work covered by this specification, and within three (3) business days of receipt of a written
demand from the City, for p e rfo r m anc e , has not cured a n y defect in performance specifically
itemized in such demand, the City may, at its option:
a) Withhold payment.
3 | P a g e
b) Consider all or any part of this contract breached and terminate the contractor, or
c) May hire another contractor to cure any defects in performance or complete all work
covered by this specification for the remaining term of this contract.
d ) Any demand for performance shall be specifically delivered to contractor by
personal delivery, certified or registered mail.
The City will make periodic inspections and follow up as needed with the contractor to discuss
any issues, etc.
Warranty: Contractor shall ensure a five (5) manufacturer’s warranty coverage and/or warranty
service on any and all items including goods, materials, or equipment provided to the City. All
Manufacturer warranties shall be passed through to the City. Such warranty shall not be deemed
waived either by reason of the City’s acceptance of said material or goods or by payment for them.
The Contractor shall assist the City with replacement of all defective or damaged goods.
Contractor to provide one (1) year labor warranty on installation. Labor Warranty to start on
date of owner training.
Annual Maintenance: Contractor to provide pricing for an annual maintenance contract to cover
preventative maintenance and change over costs for the twice annual start-up and shut down of the
units.
Disposal of Material: Contractor shall legally dispose of all waste material generated from the
project at a dump site compliant with Local, State and Federal regulations. Contractor shall provide a
report of the amount in cubic yards of material disposed and where the material was disposed. The
contractor will be required to provide & sign a disposal certificate acknowledgement form. In
addition, Contractor shall reclaim refrigerant per EPA guidelines- documentation of this must be
turned in at end of job.
Completion of Project: Contractor to supply owner with (2) copies of equipment O & M manuals,
Test and Balance Report, Approved Equipment Submittals, Warranty letter stating start and finish
dates for both manufactures warranty and labor warranty.
Prevailing wage Law: This project is subject to the Illinois Prevailing Wage Act.
Conditions: The Contractor is responsible for being familiar with all conditions of this project
and delivery location. Failure to make such investigation and preparations shall not excuse the
Contractor from performance of the duties and obligations imposed under the terms of this
contract.
Traffic Control: The Bidder will be responsible for maintenance of traffic during the Project. If
necessary, the Bidder must use flag men, traffic cones and advance warning signs to assist with
traffic flow and comply with the State of Illinois Traffic Control Manual.
Debris: The Bidder shall clean and maintain all work areas at all times. Effective dust control
by use of spray systems or other means shall be maintained at all times.
Protection of Property and Utilities: All reasonable precautions will be taken to protect public
and private property such as pavements, sidewalks, lawns, fences, bushes, trees, shrubs, catch
basins, manholes, drains, utilities, buildings and other property from undue damage. If the Director
of Public Works determines that the Contractor has damaged or destroyed property, it shall be
repaired or replaced to the satisfaction of the Director at the Contractor’s expense.
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If Applicable, the Contractor shall have full responsibility for locating all underground facilities in
work areas, whether shown or not shown on the Drawings, and contacting JULIE for coordination
of the work with the owners of such underground facilities during construction, for the safety and
protection thereof, and repairing any damage thereto resulting from the Project; the cost of which
shall be included in the Contract Unit Prices for the items specified.
Rules, regulations, and codes governing the respective utilities which may be encountered shall be
observed in executing all work
Accident Reporting: All accidents occurring on the job which damage public or private property,
result in injuries to workers or other persons, or damage to utilities shall be promptly reported to
the City’s Police and to the Public Works Department.
The person or company submitting the bid shall at all times observe and conform to all laws,
ordinances, and regulations of the Federal, State, and City which may in any manner affect the
bid.
NOTE: Scope of Work was written with the help of Trico Mechanical, Inc. of Sugar Grove, IL.
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Instructions to Bidders
1. Receipt of Bid: May 17, 2018; 10:00 A.M.
2. Basis of Bid: Sealed bids will be received until the above noted time and date.
3. Project Description: HVAC system replacement for the Beecher Center
4. Preparation and Submission of Bids:
A. Each bid shall be submitted on the exact form furnished. All blank spaces for bid
prices, unit costs and alternates must be filled in using both words and figures if
indicated. In case of any discrepancy in the amount bid, the prices expressed in written
words shall govern.
B. Each Bidder must complete, execute and submit with its bid a certifications regarding
public contracting.
C. Each Bidder must submit a complete bid package, including the following items:
i. Signed Contract
ii. Bid Certifications
iii. Bid Sheet
iv. Contract
v. References
vi. Subcontractors List.
vii. Equipment List
viii. Bid Guarantee in the amount of 10% of the total of project.
D. One (1) paper copy of the bid and one electronic version of the bid on a flash drive
in a *.pdf (Adobe Acrobat) version shall be submitted in a sealed envelope on or
before the time stated and shall bear the name of the individual, firm, or corporation
submitting the Bid and the Bid Name - “HVAC System replacement for the Beecher
Center”.
E. Bidders may attach separate sheets to the bid for the purpose of explanation, exception,
alternate bid and to cover unit prices, if needed.
F. Bidders may withdraw their bid either personally or by written request at any time
before the hour set for the bid opening, and may resubmit it. No bid may be withdrawn or
modified after the bid opening except where the award of contract has been delayed for a
period of more than ninety (90) days.
G. In submitting this bid, the bidder further declares that the only person or party
interested in the proposal as principals are those named herein; and that the bid is made
without collusion with any other person, firm or corporation.
H. The Bidder further declares that he has carefully examined this entire Bid Package, and he
has familiarized himself with all of the local conditions affecting the Project and the
detailed requirements of this work and understands that in making the bid he waives all
rights to plead a misunderstanding regarding same.
I. The Bidder further agrees that if the City decides to extend or shorten the completion
period, or otherwise alters it by extras or deductions, including elimination of one or more
of the items, as provided in the specifications, the Bidder will perform the work as altered,
increased or decreased.
J. The Bidder further agrees that the City representative may at any time during the
progress of the Project covered by this Contract, order other work or materials incidental
thereto and that all such work and materials as do not appear in the bid or contract as a
6 | P a g e
specific item covered by a lump sum price, and which are not included under the bid
price for other items in the Contract, shall be performed as extra work.
K. The Bidder further agrees to execute all documents within this Bid Package, for this
work and present all of these documents to the City.
L. The Bidder further agrees to execute all documents within this Bid Package, obtain a
Certificate of Insurance for this work and present all of these documents within fifteen (15)
days after the receipt of the Notice of Award.
M. The Bidder further agrees to begin work not later than ten (10) days after receipt of the
Notice to Proceed, unless otherwise provided, and to execute the work in such a
manner and with sufficient materials, equipment and labor as will insure its completion
within the time limit specified within the bid, it being understood and agreed that the
completion within the time limit is an essential part of the contract.
N. By submitting a bid, the Bidder understands and agrees that, if his bid is accepted, and he
fails to enter into a contract forthwith, he shall be liable to the City for any damages the
City may thereby suffer.
O. No bid will be considered unless the party offering it shall furnish evidence satisfactory to
the City that he has necessary facilities, ability and pecuniary resources to fulfill the
conditions of the Contract.
5. Additional Information Request: Questions regarding this Request for Proposal can be
emailed to Steve Raasch, Facilities Manager at SRaasch@yorkville.il.us and specific
questions regarding the specifications in this Invitation To Bid can be emailed to Eric
Dhuse at EDhuse@yorkville.il.us by the end of business on May 10, 2018. Answers will
be provided in writing to all potential Bidders who the City has notice of their intent to
submit a bid; No oral comments will be made to any Bidder as to the meaning of the
Request for Proposal and Specifications or other contract documents. Bidders will not be
relieved of obligations due to failure to examine or receive documents, visit the site or
become familiar with conditions or facts of which the Bidder should have been aware of
and the City will reject all claims related thereto.
Information (other than in the form of a written Addendum issued by the City) from any
officer, agent, or employee of the City or any other person shall not affect the risks or
obligations assumed by the Bidder or relieve him from fulfilling any of the conditions and
obligations set forth in the proposal and other contract documents. Before the proposals
are opened, all modification or additions to the proposal documents will be made in the
form of a written Addendum issued by the City. Any Addendum issued will be posted on
the City’s website. In the event of conflict with the original contract documents, addenda
shall govern all other contract documents to the extent specified. Subsequent addenda
shall govern over prior addenda only to the extent specified.
The Bidder shall be required to acknowledge receipt of the formal Addendum by signing
the Addendum and including it with the proposal quotation. Failure of a Bidder to include
a signed formal Addendum in its bid shall deem its bid non-responsive: provided, however
that the City may waive this requirement if it in its best interest.
6. Conditions:
A. The City is exempt from Federal excise tax and the Illinois Retailer's Occupation
Tax. This bid shall not include any amounts of money for these taxes.
B. To be valid, the bids shall be itemized so that selection for purchase may be made,
there being included in the price of each unit the cost of delivery (FOB Destination).
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C. The City shall reserve the right to add or to deduct from the base bid and/or alternate bid
any item at the prices indicated in itemization of the bid.
D. All bids shall be good for ninety (90) days from the date of the bid opening.
7. Award of Bid: The United City of Yorkville reserves the right to reject any or all bids
and to waive any informality or technical error and to accept any bid deemed most favorable
to the interests of the United City of Yorkville.
A. The items of work not specifically mentioned in the Schedule which are necessary
and required to complete the work intended shall be done incidental to and as part of
the items of work for which a unit price is given. No additional payment will be
made for such incidental work. The Bidder shall be responsible for identifying all
costs to complete the project on time and in order to create a functional and
operational system in accordance with the Plans and Specifications.
B. In addition to price, the City may consider:
• Ability, capacity and skill to fulfill the contract as specified.
• Ability to supply the commodities, provide the services or complete the
construction promptly, or within the time specified, without delay or interference.
• Character, integrity, reputation, judgment, experience and efficiency.
• Quality of performance on previous contracts.
• Previous and existing compliance with laws and ordinances relating to the contract.
• Sufficiency of financial resources.
• Quality, availability and adaptability of the commodities, services or construction,
in relation to the City 's requirements.
• Ability to provide future maintenance and service under the contract.
• Number and scope of conditions attached to the bid/proposal.
• Record of payments for taxes, licenses or other monies due the City
.
8. Rejection of Bids:
A. The City reserves the right to cancel invitations for bids or requests for proposals
without penalty when it is in the best interest of the City. Notice of cancellation
shall be sent to all individuals or entities solicited.
B. The City reserves the right to reject any or all bids, to waive any minor informality
or irregularity in any bid, to negotiate changes and/or modifications with the
lowest responsible bidder and to make award to the response deemed to be the
most advantageous to the City. Any bid not conforming to the specifications or
requirements set forth by the City in the bid request may be rejected.
C. Bids may also be rejected if they are made by a bidder that is deemed un-
responsible due to a lack of qualifications, capacity, skill, character, experience,
reliability, financial stability or quality of services, supplies, materials, equipment
or labor.
9. Equal Opportunity: The Bidder will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, ancestry, national origin, place of birth,
age or handicap unrelated to bona fide occupational qualifications.
10. Non-Discrimination: The Bidder, its employees and subcontractors, agrees not to commit
unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human
Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and
rules applicable to each.
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11. Execution of Documents: The Bidder, in signing his Bid on the whole or on any portion of the work, shall conform to the following requirements:
Bids signed by an individual other than the individual represented in the Bid documents
shall have attached thereto a power of attorney evidencing authority to sign the Bid in the
name of the person for whom it is signed.
Bids which are signed for a partnership shall be signed by all of the partners or by an attorney-
in-fact. If signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney
evidencing authority to sign the bid, executed by the partners.
Bids which are signed for a corporation shall have the correct corporate name thereof and the
signature of the President or other authorized officer of the corporation manually written below
the corporate name.
If such Bid is manually signed by an official other than the President of the Corporation, a
certified copy of a resolution of the board of directors evidencing the authority of such
official to sign the Bid should be attached to it. Such Bid shall also bear the attesting
signature of the Secretary of the corporation.
12. Independent Contractor: There is no employee/employer relationship between the
Contractor and the City. Contractor is an independent contractor and not the City’s
employee for all purposes, including, but not limited to, the application of the Fair Labors
Standards Act minimum wage and overtime payments, Federal Insurance Contribution
Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker’s
Compensation Act (820 ILCS 305/1, et seq.). The City will not (i) provide any form of
insurance coverage, including but not limited to health, worker’s compensation,
professional liability insurance, or other employee benefits, or (ii) deduct any taxes or
related items from the monies paid to Contractor. The performance of the services
described herein shall not be construed as creating any joint employment relationship
between the Contractor and the City, and the City is not and will not be liable for any
obligations incurred by the Contractor, including but not limited to unpaid minimum
wages and/or overtime premiums, nor does there exist an agency relationship or
partnership between the City and the Contractor.
13. Approval and Use of Subcontractors: The Contractor shall perform the Services with
its own personnel and under the management, supervision, and control of its own
organization unless otherwise approved by the City in writing. All subcontractors and
subcontracts used by the Contractor shall be included on the Subcontractor’s form in the
Bid proposal and be acceptable to, and approved in advance by the City. The City’s
approval of any subcontractor or subcontract shall not relieve the Contractor of full
responsibility and liability for the provision, performance, and completion of the Work in
full compliance with, and as required by or pursuant to, this Contract. If the Contractor
chooses to use subcontractors to perform any of the Work, the Work performed under any
subcontract shall be subject to all of the provisions of this Contract in the same manner as
if performed by employees of the Contractor. Every reference in this Contract to
“Contractor” shall be deemed to also apply to all subcontractors of the Contractor. Every
subcontract entered into by the Contractor to provide the Work or any part thereof shall
include a provision binding the subcontractor to all provisions of this Contract.
If any personnel or subcontractor fail to perform the part of the Work undertaken by it in
a manner satisfactory to the City, the Contractor shall immediately upon notice from the
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City remove and replace such personnel or subcontractor. The City shall have no claim
for damages, for compensation in excess of the contract price, or for a delay or extension
of the contract time as a result of any such removal or replacement.
14. Assignment: Neither the City nor the Contractor shall assign or transfer any rights or
obligations under this Agreement without the prior written consent of the other party.
15. Governing Law: The Contract and the rights of the City and Bidder under the Contract
shall be interpreted according to the laws of the State of Illinois. Venue for any action
related to the Contract will be in the Circuit Court of Kendall County, Illinois.
16. Changes in Law: Unless otherwise explicitly provided in the Contract, any reference to
laws shall include such laws as they ma y be amended or modified from time to time.
17. Time: The Contract Time is of the essence of this Contract. Except where otherwise
stated, references in the Contract to days shall be construed to refer to calendar days.
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GENERAL CONDITONS
This entire bid package and following sections apply to all bids requested and accepted by the City
and become a part of the contract unless otherwise specified. Persons submitting bids or their
authorized representatives are expected to fully inform themselves as to the conditions,
requirements, and specifications before submitting bids. The City assumes that submission of a
bid means that the person submitting the bid has become familiar with all conditions and intends
to comply with them unless noted otherwise.
1. Definitions: The Term “City” whenever used in the contract documents shall be
construed to mean the United City of Yorkville. The United City of Yorkville, the
Community Development Department, and the Director of Community Development
shall also be known herein, respectively, as the City, the Department, and the Director.
2. Conditions: The Bidder is responsible for being familiar with all conditions, instructions,
and documents governing this Project and bid. Failure to make such investigation and
preparations shall not excuse the Contractor from performance of the duties and
obligations imposed under the terms of the contract.
3. Bid Bond: If the bidder’s proposal for this project exceeds forty thousand dollars
($40,000.00), bids shall be secured by a certified check, bank draft, satisfactory bid bond
or approved letter of credit in the amount of ten percent (10%) of the total amount of the
complete project. Bid security shall be submitted with the bid.
4. Performance Bond: If the bidder’s proposal for the project is equal to or greater than
$5,000 then the following bonds shall be delivered to the City and shall become binding
with the acceptance of the bid:
Performance bond satisfactory to the City, executed by Surety Company authorized to do
business in the state or otherwise secured in a manner satisfactory to the City, in an
amount equal to 110% of the complete project. The surety on the bond shall be a
company that is licensed by the Department of Insurance authorizing it to execute surety
bonds and the company shall have a financial strength rating of at least A- as rated by
A.M. Best Company, Inc., Moody’s Investors Service, Standard & Poor’s Corporation, or
a similar rating agency.
Upon receipt of the performance bond, the City will return the bid bond to the bidder.
5. Insurance Requirements: T he successful Bidder shall comply with the City’s insurance
requiremnts attached hereto as Exhibit A.
6. Force Majeure: Whenever a period of time is provided for in this Agreement for the
Contractor or the City to do or perform any act or obligation, neither party shall be liable
for any delays or inability to perform if such delay is due to a cause beyond its control
and without its fault or negligence including, without limitation: a) Acts of nature; b)
Acts or failure to act on the part of any governmental authority other than the City or
Contractor, including, but not limited to, enactment of laws, rules, regulations, co des or
ordinances subsequent to the date of this Agreement; c) Acts or war; d) Acts of civil or
military authority; e) Embargoes; f) Work stoppages, strikes, lockouts, or labor disputes;
11 | P a g e
g) Public disorders, civil violence, or disobedience; h) Riots, blockades, sabotage,
insurrection, or rebellion; i) Epidemics or pandemics; j) Terrorist acts; k) Fires or
explosions; l) Nuclear accidents; m) Earthquakes, floods, hurricanes, tornadoes, or other
similar calamities; n) Major environmental disturbances; or o) Vandalism. If a delay is
caused by any of the force majeure circumstances set forth above, the time period shall be
extended for only the actual amount of time said party is so delayed. Further, either party
claiming a delay due to an event of force majeure shall give the other party written notice
of such event within three (3) business days of its occurrence or it shall be deemed to be
waived.
7. Liquidated Damages: Time is of the essence to the contract. Should the Contractor fail
to complete the work within the specified time stipulated in the contract or within such
extended time as may have been allowed, the Contractor shall be liable and shall pay to
the City the amount shown in the following schedule of deductions, not as a penalty but
as liquidated damages, for each hour of overrun in the contract time or such extended
time as may have been allowed. The liquidated damages for failure to complete the
contract on time are approximate, due to the impracticality of calculating and proving
actual delay costs. This schedule of deductions establishes the cost of delay to account for
administration, engineering, inspection, and supervision during periods of extended and
delayed performance. The costs of delay represented by this schedule are understood to
be a fair and reasonable estimate of the costs that will be borne by the City during
extended and delayed performance by the Contractor of the work. The liquidated damage
amount specified will accrue and be assessed not until final completion of the total
physical work of the contract even though the work may be substantially complete. The
City will deduct these liquidated damages from any monies due or to become due to the
Contractor from the City.
Deduction for Each Day of Overrun in Contract Time: $250.00 per day.
8. Compliance with Laws and Regulations: In connection with the performance of the
work, the Contractor shall comply with all statutes, laws, regulations, and orders of
federal, state, county, or municipal authorities which shall impose any obligation or duty
upon the Contractor.
9. Contract Term: The contract will begin upon a full executed Agreement and approval
of the City Council and expire no later than sixty (60) days following the completion of
the installation. Installation shall be completed no later than July 1, 2018.
10. Driver’s License: Before commencing work, the Contractor shall provide a copy of
valid driver’s license for each employee operating equipment in the City. Drivers shall
possess a Commercial Driver’s License with appropriate endorsements if operating
equipment that requires such a license.
11. Change Orders: After a contract is awarded pursuant to the competitive bid procedures
specified herein, additional purchases or modifications may be made under the contract,
or the terms of the contract may be extended, without rebidding the materials, supplies,
services or equipment involved, provided that the change order:
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a. Is approved by the City Council when the change order is an increase or decrease
of more than $10,000 or the time of completion by more than 30 days.
b. Is approved by the by the City Administrator, or his/her designee for change
orders that are not greater than ten thousand dollars ($10,000.00).
12. Construction Contracts:
a. The Bidder must comply with all applicable laws prerequisite to doing business
in the state.
b. The Bidder must have a valid Federal Employer Tax Identification Number or
Tax Identification Number (for individuals).
c. The Bidder must provide a Statement of Compliance with provisions of the State
and Federal Equal Opportunity Employer requirements.
13. Termination: The City shall have the right at any time and for any reason (without any
penalty) to terminate, in whole or in part, this Contract, provided that the City shall
provide Contractor at least ten (10) days’ prior written notice of such termination
whereupon this Agreement shall automatically terminate immediately after the 11 th day.
a. When this contract, or any portion hereof, is terminated or cancelled by the City,
and the Contractor released before all items of work included in this contract have
been completed, payment may be made be prorated as a percentage of completion
of the actual work at contract unit prices, and no claims for loss of anticipated
profits or other damages will be made and are hereby waived.
b. Termination of a contract, as stated above, will not relieve the Contractor or
his/her surety of the responsibility of replacing defective work or materials.
14. Additional Items: The City and Contractor further agree that
a. Prevailing Wage
Some or all of the work herein may be subject to the provisions of Prevailing
Wage Act, 820 ILCS 130/0.01 et.seq., providing for the payment of prevailing
rate wages to all laborers, workmen and mechanics engaged on work. The
Contractor agrees that, prior to making any payments to its own laborers,
workers, or mechanics or to any subcontractor it will determine whether it must
legally pay wages in accordance with the Prevailing Wage Act, and if so legally
required, pay the then-current prevailing rate of wage as determined by the
Illinois Department of Labor and posted at: http//www.state.il.us/agency/idol/.
The City may at any time inquire of the Contractor as to rates of wages being
paid employees of the Contractor, and any subcontractor or material men,
whereupon such information shall be promptly provided by the Contractor. The
Contractor shall indemnify the City for any and all violations of the prevailing
wage laws and any rules and regulations now and hereafter issued pursuant to
said laws.
The Contractor shall insert into each subcontract and into the project
specifications for each subcontract a written stipulation requiring all laborers,
workers and mechanics performing work under the contract to comply with the
Prevailing Wage Act and to require each subcontractor to insert into each lower-
tiered contract and into the project specification for each lower tiered subcontract
a similar stipulation.
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b. Sexual Harassment: During the entire term of the contract, Contractor shall
have in full force and effect a written Sexual Harassment Policy, which complies
with the Illinois Human Rights Act (775- ILCS 5/1-101 et.seq.) including at least
the following: 1) a statement on the illegality of sexual harassment; 2) the
definition of sexual harassment under Illinois Law; 3) a description of sexual
harassment, utilizing examples; 4) an internal complaint process, including
penalties; 5) the legal recourse, investigative and complaint process available
through the Illinois Department of Human Rights (“Department”) and the Illinois
Human Rights Commission (“Commission”); 6) directions on how to contact the
Department and the Commission; and 7) protection against retaliation as provided
by Section 6-101 of the Act.
c. Drug Free Workplace: In compliance with Illinois law, The Contractor certifies
and agrees that it will provide a drug free workplace by:
1) Publishing a Statement:
2) Notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance, including cannabis, is prohibited
in the Contractor’s workplace.
3) Specifying the actions that will be taken against employees for violations of
such prohibition.
4) Notifying the employee that, as a condition of employment on such Contract,
the employee will:
5) Abide by the terms of the statement; and
6) 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.
7) Establishing a drug free awareness program to inform employees about:
8) The dangers of drug abuse in the workplace;
9) The Contractor’s policy for maintaining a drug free workplace;
10) Available counseling, rehabilitation, or assistance programs; and
11) Penalties imposed for drug violations.
12) Providing a copy of the Statement required by subsection (a) to each
employee engaged in the performance of the Contract and to post the
Statement in a prominent place in the workplace.
13) Notifying the contracting agency within ten (10) days after receiving notice of
any violations as listed above.
14) 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.
15) Assisting employees in selecting a course of action in the event drug
counseling, treatment, and rehabilitation are required and indicating that a
trained referral team is in place.
16) Making a good faith effort to continue to maintain a drug free workplace
through implementation of the Drug Free Workplace Act.
17) The Contractor will be required to sign a Drug Free Workplace Certification.
d. Substance Abuse Prevention on Public Works Projects: Before a contractor
or subcontractor commences work on a public works project as defined in 820
ILCS 130/2, the contractor or subcontractor shall have in place a written program
which meets or exceeds the program requirements in the Substance Abuse
Prevention on Public Works Projects Act, to be filed with the public body
engaged in the construction of the public works and made available to the general
14 | P a g e
public, for the prevention of substance abuse among its employees. The testing
must be performed by a laboratory that is certified for Federal Workplace Drug
Testing Programs by the Substance Abuse and Mental Health Service
Administration of the U.S. Department of Health and Human Services. At a
minimum, the program shall include all of the following:
1) A minimum requirement of a 9 panel urine drug test plus a test for alcohol.
Testing an employee's blood may only be used for post-accident testing,
however, blood testing is not mandatory for the employer where a urine test is
sufficient.
2) A prohibition against the actions or conditions specified in 820 ILCS 265/10.
3) A requirement that employees performing the work on a public works project
submit to pre-hire, random, reasonable suspicion, and post-accident drug and
alcohol testing. Testing of an employee before comme ncing work on a public
works project is not required if the employee has been participating in a
random testing program during the 90 days preceding the date on which the
employee commenced work on the public works project.
4) A procedure for notifying an employee who violates 820 ILCS 265/10, who
tests positive for the presence of a drug in his or her system, or who refuses to
submit to drug or alcohol testing as required under the program that the
employee may not perform work on a public works project until the employee
meets the conditions specified in subdivisions (2)(A) and (2)(B) of 820 ILCS
265/20.
e. Non-Collusion: The Contractor represents that it is not barred from bidding for
this contract as a result of a violation of 720 ILCS 5/33E concerning bid rigging,
rotating, kickbacks, bribery and interference with public contracts. The
Contractor will be required to sign the Non-Collusion Certification.
f. Compliance with Laws and Regulations: In connection with the performance
of the work, the Contractor shall comply with all statutes, laws, regulations, and
orders of federal, state, county, or municipal authorities which shall impose any
obligation or duty upon the Contractor.
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REFERENCES
UNITED CITY OF YORKVILLE
General Information, list below current business references for whom you have performed work similar to
that required by this proposal.
Business: _______________________________________________________
Address: ________________________________________________________
City, State, Zip Code:__________________________________________
Telephone Number: _______________________________________________
Contact Person: _________________________________________________
Dates of Service: _______________________________________________
Business: _______________________________________________________
Address: ________________________________________________________
City, State, Zip Code: __________________________________________
Telephone Number: _______________________________________________
Contact Person: _________________________________________________
Dates of Service: _______________________________________________
Business: _______________________________________________________
Address: ________________________________________________________
City, State, Zip Code: __________________________________________
Telephone Number: _______________________________________________
Contact Person: _________________________________________________
Dates of Service: _______________________________________________
If additional sheets are needed, please make copies.
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SUBCONTRACTORS
UNITED CITY OF YORKVILLE
Provide the name, contact information, and value of work for each and every subcontractor which will be
employed on this project.
Subcontractor No. 1: _______________________________________________
Address: ________________________________________________________
City, State, Zip Code:______________________________________________
Telephone Number: _______________________________________________
Value of Work Subcontracted: _______________________________________
Nature of Work Subcontracted: _______________________________________
Subcontractor No. 2: _______________________________________________
Address: ________________________________________________________
City, State, Zip Code:______________________________________________
Telephone Number: _______________________________________________
Value of Work Subcontracted: _______________________________________
Nature of Work Subcontracted: _______________________________________
Subcontractor No. 3: _______________________________________________
Address: ________________________________________________________
City, State, Zip Code:______________________________________________
Telephone Number: _______________________________________________
Value of Work Subcontracted: _______________________________________
Nature of Work Subcontracted: _______________________________________
If additional sheets are needed, please make copies.
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EQUIPMENT LIST
UNITED CITY OF YORKVILLE
Name Make Model Year Use
If additional sheets are needed, please make copies.
Bid Proposal Sheet
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The prices stated in this proposal are guaranteed for 90 days from the date of hereof and if awarded within that period, we agree to
complete the work covered by this Proposal at said prices. Bidders must fill in “Bid Unit Price” and “Extended Amount” for each bid
item. Extend all prices to two decimals.
Quantity Item Description Manufacturer Total Amount
Concrete Work with restoration Total Amount Bid $
6’ Cedar Fence to conceal units Total Amount Bid $
Annual Preventative Maintenance
Contract
Total Amount Bid $
___________________________________
Bid Proposal Sheet
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The undersigned understands that there may be changes, omissions, or modification in
the work, and that appropriate adjustments will be made to the Contract price in
accordance with the Contract Documents. The undersigned understands that the City
reserves the right to accept or reject any or all bids, and to waive all formalities, any
irregularities, and accept the Bid deemed to be in the Owner's best interest.
I hereby certify that the item(s) proposed is/are in accordance with the specifications as
noted and that the prices quoted are not subject to change; and that the Person submitting
the proposal is not barred by law from submitting a proposal to the City for the project
contemplated herein because of a conviction for prior violations of either Illinois Compiled
Statutes, 720 ILCS 5/33E-3 (Proposal Rigging) or b720 ILCS 5/33-4 (Proposal Rotating);
and that
The Person submitting the proposal is not delinquent in payment of any taxes to the Illinois
Department of Revenue in accordance with 65 ILCS 5/11-42.1; and that
The Person submitting the proposal provides a drug free workplace pursuant to 30 ILCS
580/1, et seq., and that
The Person submitting the proposal certifies they have a substance-abuse program and
provide drug testing in accordance with 820 ILCS 130/11G, Public Act 095-0635; and that
The Person submitting the proposal is in compliance with the Illinois Human Right s Act
775 ILCS 5/1.101 et seq. including establishment and maintenance of sexual harassment
policies and program.
_____________________________________ ______________________________
Firm Name Signed Name and Title
________________________________________ ______________________________
Street Address Print Name and Title
________________________________________ ______________________________
City State Zip E-mail Address
________________________________________ ______________________________
Phone Number Fax Number
________________________________________
Date
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UNITED CITY OF YORKVILLE
800 Game Farm Road
YORKVILLE, ILLINOIS 60560
CONTRACT
THIS CONTRACT made this _____ day of ______________, 2018, by and between
the United City of Yorkville, an Illinois municipal corporation hereinafter called the “Owner”
and _________________________________________ located at
_________________________ hereinafter called the “Contractor”.
WITNESSETH:
WHEREAS, the Owner has heretofore solicited Proposals for all labor and materials
necessary to complete the work specified in this bid package;
WHEREAS, the Owner has found that the Contractor is the lowest responsible person
submitting the proposal for said work and has awarded the Contractor this contract for said work.
NOW, THEREFORE, for and in consideration of their mutual promises and
agreements, the parties hereto do hereby agree as follows:
1. The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and
other services necessary to commence and complete the removal of existing HVAC
system and install a new HVAC system at the Beecher Center in accordance with the
conditions and prices stated in the Request for Proposal, Instructions to Persons
submitting proposals – General Conditions, Special Conditions, Insurance
Requirements, Specifications and Plans, Proposal, and Detail Exception Sheet all of
which are made a part hereof and herein called the “Contract Documents”.
2. The Owner will pay the Contractor in the amounts, manner and at times as set forth
in the Contract Documents.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Contract as of the day and year first above written:
UNITED CITY OF YORKVILLE
By: _________________________________
CONTRACTOR:
By: __________________________________
Signature
__________________________________
Print Name and Title
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DETAIL EXCEPTION SHEET
Any exception must be clearly noted on this sheet. Failure to do so may be reason for rejection of the bid. It is
not our intention to prohibit any potential bidder from bidding by virtue of the specifications, but to describe
the material(s) and service(s) actually required. The village reserves the right to accept of reject any or all
exceptions.
Bidder’s exceptions are:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Exhibit A
UNITED CITY OF YORKVILLE, ILLINOIS
INSURANCE REQUIREMENTS
Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages
to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents,
representatives, employees, or subcontractors.
1. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability Occurrence Form CG 0001 with the City named as additional
insured; on a form at least as broad as the endorsement in paragraph 10 including ISO Additional Insur ed Endorsement
CG 2026, CG 2010.
B. Owners and Contractors Protective Liability (OCP) policy is required with the City as insured (for contracts with
subcontractors and projects that are inherently dangerous).
C. Insurance Service Office Business Auto Liability Coverage Form Number CA 0001, Symbol 01 "Any Auto."
D. Workers' Compensation as required by the Worker's Compensation Act of the State of Illinois and Employers' Liability
insurance.
E. Builder Risk Property Coverage with City as loss payee.
2. MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than if required under above scope:
A. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and
property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall
be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000.
B. Owners and Contractors Protective Liability (OCP): $1,000,000 combined single limit per occurrence for bodily injury
and property damage.
C. Businesses Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
D. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and
Employers' Liability limits of $1,000,000 per accident.
E. Builder's Risk shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure
not excluded), on a completed value, replacement cost basis. (Protection against loss of materials during construction,
renovation, or repair of a structure.)
F. Umbrella Excess Insurance: $3,000,000. “Following form” of the underlying and excess policies including listing the
City as an additional insured.
3. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, agents,
employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation,
claim administration, and defense expenses.
4. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
A. General Liability and Automobile Liability Coverages
1. The City, its officials, agents, employees, and volunteers are to be covered as additional insureds as respects:
liability arising out of the Contractor's work, including activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; or
automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officials, agents, employees, and volunteers.
2. The Contractor's insurance coverage shall be primary as respects the City, its officials, agents, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officials, agents, employees, and volunteers
shall be excess of Contractor's insurance and shall not contribute with it.
Exhibit A
3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its
officials, agents, employees, and volunteers.
4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that
Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
5. If any commercial general liability insurance is being provided under an excess or umbrella liabili ty policy that does
not "follow form," then the Contractor shall be required to name the City, its officials, agents, employees, and
volunteers as additional insureds.
6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability
policies will not be accepted.
B. All Coverages
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in
coverage, or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been
given to the City.
5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less than A-, VII, and licensed to do business in the State of
Illinois.
6. VERIFICATION OF COVERAGE
Contractor shall furnish the City with certificates of insurance naming the City, its officials, agents, employees, and volunteers
as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and approved by the City before any work commences. Other additional
insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated in paragraph
10, such as ISO Additional Insured Endorsements CG 2026 or CG 2010. The City reserves the right to request full certified
copies of the insurance policies and endorsements.
7. SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements
for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. ASSUMPTION OF LIABILITY
The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any
subcontractor, any supplier, or any other person and assumes liability for all damage to property sustained by any person or
persons occasioned by or in any way arising out of any work performed pursuant to this agreement.
9. INDEMNITY/HOLD HARMLESS PROVISION
To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify, and hold harmless the City, its
officials, agents, and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, jud gments,
cost, and expenses, which may in anywise accrue against the City, its officials, agents, and employees, arising in whole or in
part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may
anywise result therefore, except that arising out of the sole legal cause of the City, its agents, or employees, the Contractor
shall, at its own expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising therefore or
incurred in connections therewith, and, if any judgment shall be rendered against the City, its officials, agents, and employees,
in any such action, the Contractor shall, at its own expense, satisfy and discharge the same.
Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or
otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep, and save harmless and
defend the City, its officials, agents, and employees as herein provided.
10. ADDITIONAL INSURED ENDORSEMENT
The "WHO IS AN INSURED" section of the policy/coverage document shall be amended to include as an insured, the City,
but only with respect to liability arising out of your work. For purpose of this endorsement, "arising out of your work" sha ll
mean: (1) Liability the Additional Insured may incur resulting from the actions of a contractor it hires, (2) Liability the
Additional Insured may incur for negligence in the supervision of the Named Insured Contractors work, (3) Liability the
Additional Insured may incur for failure to maintain safe worksite conditions, and (4) Liability the Additional Insured may
incur due to joint negligence of the Named Insured Contractor and the Additional Insured.
United City of Yorkville
ADDENDUM TO RFP DOCUMENTS
REQUEST FOR PROPOSAL: HVAC System Replacement at Beecher Center
ADDENDUM No. 1
DATE: 5/9/18
To All Potential Bidders:
This addendum is issued to modify the previously issued bid documents and/or given for informational
purposes, and is hereby made a part of the bid documents. Please attach a signed/dated copy of this
addendum to the documents in your possession.
____________________________________________________________________________________
Changes and Clarifications to Original Scope of Work
1. (Item # 10 on Original SOW) Contractor will be responsible to make the needed wall
penetrations to the attic space, to allow access for the new ductwork. All penetrations should
be kept to the minimal space needed. The United City of Yorkville will the final modifications
to the attic space doors, once the project has been completed.
2. (Item # 11on Original SOW) All ductwork (exterior and in the attic space) must be lined
insulated stainless steel, and the exterior ductwork must be wrapped to provide a water tight
seal.
3. The approximate square footage of the entire building 9,423.
_________________________________________ ______________
Signature Date
United City of Yorkville
ADDENDUM TO RFP DOCUMENTS
REQUEST FOR PROPOSAL: HVAC System Replacement at Beecher Center
ADDENDUM No. 2
DATE: 5/11/18
To All Potential Bidders:
This addendum is issued to modify the previously issued bid documents and/or given for informational
purposes, and is hereby made a part of the bid documents. Please attach a signed/dated copy of this
addendum to the documents in your possession.
____________________________________________________________________________________
Additional Information to Original Scope of Work
1. Beecher Community Center Original HVAC Plan and Equipment Schedules M-1
_________________________________________ ______________
Signature Date
United City of Yorkville
ADDENDUM TO RFP DOCUMENTS
REQUEST FOR PROPOSAL: HVAC System Replacement at Beecher Center
ADDENDUM No. 3
DATE: 5/14/18
To All Potential Bidders:
This addendum is issued to modify the previously issued bid documents and/or given for informational
purposes, and is hereby made a part of the bid documents. Please attach a signed/dated copy of this
addendum to the documents in your possession.
____________________________________________________________________________________
Extension of Bid Due Date and Bid Opening
1. The United City of Yorkville will be extending the bid due date and the public bid opening until
Thursday May 24, 2018 at 10:00am at Yorkville City Hall. This decision will ensure all bidders
have enough time to review Addendum’s 1, 2 & 3, to provide accurate quotes for this project.
_________________________________________ ______________
Signature Date
HVAC System Replacement
for the Beecher Center
Bid Proposal Sheet
18 | P a g e
The prices stated in this proposal are guaranteed for 90 days from the date of hereof and if awarded within that period, we agree to
complete the work covered by this Proposal at said prices. Bidders must fill in “Bid Unit Price” and “Extended Amount” for each bid
item. Extend all prices to two decimals.
Quantity Item Description Manufacturer Total Amount
Concrete Work with restoration Total Amount Bid $
6’ Cedar Fence to conceal units Total Amount Bid $
Annual Preventative Maintenance
Contract
Total Amount Bid $
___________________________________
2
2
1
Packaged Heat/Cool RTU's w/ Hail Guards
Programmable Thermostats
Rain Hoods
Carrier
Honeywell
Custom Manufactured
$32,000.00
$425.00
$2,500.00
7,500.00
6,500.00
1,096.00
Total Base Bid: $158,000.00
*Alternates provided on separate sheet
21 | P a g e
DETAIL EXCEPTION SHEET
Any exception must be clearly noted on this sheet. Failure to do so may be reason for rejection of the bid. It is
not our intention to prohibit any potential bidder from bidding by virtue of the specifications, but to describe
the material(s) and service(s) actually required. The village reserves the right to accept of reject any or all
exceptions.
Bidder’s exceptions are:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
R.J. O'Neil, Inc. intended to furnish and install equipment, labor, and supervision to complete this project per
description of work and specifications.
15 | P a g e
REFERENCES
UNITED CITY OF YORKVILLE
General Information, list below current business references for whom you have performed work similar to
that required by this proposal.
Business: _______________________________________________________
Address: ________________________________________________________
City, State, Zip Code:__________________________________________
Telephone Number: _______________________________________________
Contact Person: _________________________________________________
Dates of Service: _______________________________________________
Business: _______________________________________________________
Address: ________________________________________________________
City, State, Zip Code: __________________________________________
Telephone Number: _______________________________________________
Contact Person: _________________________________________________
Dates of Service: _______________________________________________
Business: :____________________________________________
If additional sheets are needed, please make copies.
GC: Vissering Construction Company
Project: Remodeling & Addition for Meadowvale, Inc.
May 2017 - May 2018
Vissering: Michael Slagel
Vissering: 175 Benchmark Industrial Avenue
Meadowvale: 1305 6th Street
Vissering: Streator, IL 61364
Meadowvale: Sandwich, IL 60548
Vissering: (815) 673-5511
GC: Whittaker Construction & Excavating, Inc.
Project: Fox Metro Water Reclamation District - Building G Improvements
Whittaker: 105 Park Street
Fox Metro: 682 State Route 31
Whittaker: Earlville, IL 60518
Fox Metro: Oswego, IL 60518
Whittaker: 815-246-7119
Whittaker: Kevin Bomstad
November 2016 - Current
GC: R.J. O'Neil, Inc.
Project: Fox Metro Water Reclamation District - Building K Odor Control Improvements
GC: 1125 S. Lake Street
Owner: 682 State Route 31
GC: Montgomery, IL 60538
Owner: Oswego, IL 60543
GC: (630) 906-1300
Owner: (630) 301-6881
GC: Dave Grey
Owner: Matt Woodin
February 2017 - April 2018
15 | P a g e
REFERENCES
UNITED CITY OF YORKVILLE
General Information, list below current business references for whom you have performed work similar to
that required by this proposal.
Business: _______________________________________________________
Address: ________________________________________________________
City, State, Zip Code:__________________________________________
Telephone Number: _______________________________________________
Contact Person: _________________________________________________
Dates of Service: _______________________________________________
Business: _______________________________________________________
Address: ________________________________________________________
City, State, Zip Code: __________________________________________
Telephone Number: _______________________________________________
Contact Person: _________________________________________________
Dates of Service: _______________________________________________
Business: _______________________________________________________
Address: ________________________________________________________
City, State, Zip Code: __________________________________________
Telephone Number: _______________________________________________
Contact Person: _________________________________________________
Dates of Service: _______________________________________________
If additional sheets are needed, please make copies.
November 2016 - Present
Owner: Mark Bank
Project: White Eagle Body Shop - Montgomery
Owner: 575 Weston Ridge Drive
Project: 851 S. Lake Street
Owner: Naperville, IL 60563
Project: Oswego, IL 60543
Owner: (630) 961-9977
Project: (630) 264-1661
Mark Bank
16 | P a g e
SUBCONTRACTORS
UNITED CITY OF YORKVILLE
Provide the name, contact information, and value of work for each and every subcontractor which will be
employed on this project.
Subcontractor No. 1: _______________________________________________
Address: ________________________________________________________
City, State, Zip Code:______________________________________________
Telephone Number: _______________________________________________
Value of Work Subcontracted: _______________________________________
Nature of Work Subcontracted: _______________________________________
Subcontractor No. 2: _______________________________________________
Address: ________________________________________________________
City, State, Zip Code:______________________________________________
Telephone Number: _______________________________________________
Value of Work Subcontracted: ______________________________________
Nature of Work Subcontracted: _______________________________________
Subcontractor No. 3: _______________________________________________
Address: ________________________________________________________
City, State, Zip Code:______________________________________________
Telephone Number: _______________________________________________
Value of Work Subcontracted: _______________________________________
Nature of Work Subcontracted: _______________________________________
If additional sheets are needed, please make copies.
Austin Electric
Integrated Demolition Service
1312 Prospect Avenue
Willow Springs, IL 60480
(708) 606-6942
Demolition
Cher-Mar Mechanical Insulation
8910 West 192nd, Unit K
Mokena, IL 60448
(708) 478-0569
Insulation
251 S. Frontage Road #18
Willowbrook, IL 60527
(630) 327-7406
Electrical
$15,000.00
$9,000.00
$4,500.00
16 | P a g e
SUBCONTRACTORS
UNITED CITY OF YORKVILLE
Provide the name, contact information, and value of work for each and every subcontractor which will be
employed on this project.
Subcontractor No. 4: _______________________________________________
Address: ________________________________________________________
City, State, Zip Code:______________________________________________
Telephone Number: _______________________________________________
Value of Work Subcontracted: _______________________________________
Nature of Work Subcontracted: _______________________________________
Subcontractor No. 5: _______________________________________________
Address: ________________________________________________________
City, State, Zip Code:______________________________________________
Telephone Number: _______________________________________________
Value of Work Subcontracted: _______________________________________
Nature of Work Subcontracted: _______________________________________
Subcontractor No. 6: _______________________________________________
Address: ________________________________________________________
City, State, Zip Code:______________________________________________
Telephone Number: _______________________________________________
Value of Work Subcontracted: _______________________________________
Nature of Work Subcontracted: _______________________________________
If additional sheets are needed, please make copies.
Northern Illinois Fencing, Inc
320 W. Lincoln Hwy
Cortland, IL 60112
(815) 756-3561
Fencing
Whittaker Construction & Excavating, Inc.
(815) 246-7119
Concrete
105 E. Park Street
Earlville, IL 60518
$6,500.00
$7,500.00
17 | P a g e
EQUIPMENT LIST
UNITED CITY OF YORKVILLE
Name Make Model Year Use
If additional sheets are needed, please make copies.
Crane
Forklift
Lull (Renting)
Runnion
Toyota
CaseSkidsteer
890D
7FGU30
1845C
2006
2006
2002
Material Handling
Material Handling
Material Handling
Sitework / Concrete pad work
Submittal
United City of Yorkville Illinois
HVAC System Replacement at the Beecher Center
Rooftop Unit
Owner:
United City of Yorkville Illinois
800 Game Farm Road
Yorkville, IL 60560
P: (630) 553-4350
Mechanical Contractor:
R.J. O’Neil, Inc.
1125 S. Lake Street
Montgomery, IL 60538
P: (630) 906-1300
Manufacturer:
Carrier Corporation
Farmington, CT
P: (800) 227-7437
Vendor:
Temperature Equipment Corporation
17725 Volbrecht Road
Lansing, IL 60438
P: (708) 418-0900
SUBMITTAL
Project
Yorkville Beecher
Date
Monday, May 14, 2018
Table Of Contents
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
RTU-20 3
Unit Report 4
Certified Drawing 5
Performance Summary 9
RTU-17.5 13
Unit Report 14
Certified Drawing 15
Performance Summary 19
Packaged Rooftop Builder 1.49h Page 2 of 21
RTU-20
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
RTU-20
RTU-20
Tag Cover Sheet
Unit Report
Certified Drawing
Performance Report
Packaged Rooftop Builder 1.49h Page 3 of 21
Unit Report For RTU-20
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Unit Report
Unit Parameters
Unit Model:48TCFE25A7A5-0A0J0
Unit Size:25 (20 Tons)
Volts-Phase-Hertz:208-3-60
Heating Type:Gas
Duct Cfg:Horizontal Supply / Horizontal Return
High Heat
Two stage Cooling with Humidi-MiZer
Dimensions (ft. in.) & Weight (lb.) ***
Unit Length:11' 9.5''
Unit Width:7' 2.375''
Unit Height:4' 9.375''
*** Total Operating Weight:2786 lb
*** Weights and Dimensions are approximate. Weight does
not include unit packaging. Approximate dimensions are
provided primarily for shipping purposes. For exact
dimensions and weights, refer to appropriate product
data catalog.
Unit Configuration
High Static Option - Horizontal Models
Al/Cu - Al/Cu
Base Electromechanical Controls
Non-Fused Disconnect
Standard Packaging
2-Speed indoor fan motor controlled by VFD
Humidi-MiZer™ Adaptive Dehumidification System
Warranty Information
1-Year parts(std.)
5-Year compressor parts(std.)
10-Year heat exchanger - Aluminized(std.)
No optional warranties were selected.
NOTE: Please see Warranty Catalog 500-089 for explanation of policies and ordering methods.
Ordering Information
Part Number Description Quantity
48TCFE25A7A5-0A0J0 Rooftop Unit 1
Base Unit
High Static Option - Horizontal Models
None
2 Speed Fan Controller (VFD) and Non-Fused Disconnect
Accessories
CRRFCURB047A00 14-inch Tall Roof Curb 1
Packaged Rooftop Builder 1.49h Page 4 of 21
Certified Drawing for RTU-20
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Certified Drawing
Packaged Rooftop Builder 1.49h Page 5 of 21
Certified Drawing for RTU-20
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Packaged Rooftop Builder 1.49h Page 6 of 21
Certified Drawing for RTU-20
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Packaged Rooftop Builder 1.49h Page 7 of 21
Certified Drawing for RTU-20
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Packaged Rooftop Builder 1.49h Page 8 of 21
Performance Summary For RTU-20
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Performance Summary
Part Number:48TCFE25A7A5-0A0J0
ARI EER:10.80
IEER (Max Cooling at Normal Cooling Design Mode):12.4
Base Unit Dimensions
Unit Length:141.5 in
Unit Width:86.4 in
Unit Height:57.4 in
Operating Weight
Base Unit Weight:2247 lb
High Heat:113 lb
Two stage Cooling with Humidi-MiZer:120 lb
High Static Option - Horizontal Models:16 lb
2 Speed Fan Controller (VFD) and Non-Fused Disconnect:35 lb
Accessories
14-inch Tall Roof Curb:255 lb
Total Operating Weight:2786 lb
Unit
Unit Voltage-Phase-Hertz:208-3-60
Air Discharge:Horizontal
Fan Drive Type:Belt
Actual Airflow:8000 CFM
Site Altitude:0 ft
Cooling Performance
Condenser Entering Air DB:95.0 F
Evaporator Entering Air DB:80.0 F
Evaporator Entering Air WB:67.0 F
Entering Air Enthalpy:31.44 BTU/lb
Evaporator Leaving Air DB:58.3 F
Evaporator Leaving Air WB:57.2 F
Evaporator Leaving Air Enthalpy:24.50 BTU/lb
Gross Cooling Capacity:249.60 MBH
Gross Sensible Capacity:187.10 MBH
Compressor Power Input:16.90 kW
Coil Bypass Factor:0.104
Heating Performance
Heating Airflow:8000 CFM
Entering Air Temp:70.0 F
Leaving Air Temp:107.5 F
Gas Heating Input Capacity:320.0 / 400.0 MBH
Gas Heating Output Capacity:260.0 / 324.0 MBH
Temperature Rise:37.5 F
Thermal Efficiency (%):81.0
Supply Fan
External Static Pressure:1.50 in wg
Options / Accessories Static Pressure
Humidi-MiZer Dehumidification System:0.08 in wg
Total Application Static (ESP + Unit Opts/Acc.):1.58 in wg
Fan RPM:1111
Fan Power:10.06 BHP
NOTE:The Selected Indoor Fan Motor requires a Field-Supplied Drive (RPM Range: 941 - 1100).
Electrical Data
Voltage Range:187 / 253
Packaged Rooftop Builder 1.49h Page 9 of 21
Performance Summary For RTU-20
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Compressor #1 RLA:30.1
Compressor #1 LRA:225
Compressor #2 RLA:30.1
Compressor #2 LRA:225
Indoor Fan Motor Type:HIGH
Indoor Fan Motor FLA:28.5
Combustion Fan Motor FLA (ea):0.52
Power Supply MCA:102.2
Power Supply MOCP (Fuse or HACR):125
Disconnect Size FLA:109
Disconnect Size LRA:625
Electrical Convenience Outlet:None
Outdoor Fan [Qty / FLA (ea)]:4 / 1.5
Electrical Data (Unit produced on or after May 16, 2016)
Compressor #1 RLA:28.2
Compressor #1 LRA:239
Compressor #2 RLA:28.2
Compressor #2 LRA:239
Power Supply MCA:98
Power Supply MOCP (Fuse or HACR):125
Disconnect Size FLA:105
Disconnect Size LRA:653
May 16, 2016 and beyond units can be identified by serial number 2116P15272 and higher
Control Panel SCCR: 5kA RMS at Rated Symmetrical Voltage
Acoustics
Sound Rating:87.0 db
Sound Power Levels, db re 10E-12 Watts
Discharge Inlet Outdoor
63 Hz 95.8 95.9 95.6
125 Hz 91.5 80.6 87.5
250 Hz 83.8 74.0 84.2
500 Hz 82.6 65.7 84.2
1000 Hz 77.7 60.9 81.7
2000 Hz 75.9 56.7 77.9
4000 Hz 75.3 49.9 73.2
8000 Hz 67.9 39.1 66.3
A-Weighted 85.1 72.9 86.5
Advanced Acoustics
Advanced Accoustics Parameters
1. Unit height above ground:30.0 ft
Packaged Rooftop Builder 1.49h Page 10 of 21
Performance Summary For RTU-20
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
2. Horizontal distance from unit to receiver:50.0 ft
3. Receiver height above ground:5.7 ft
4. Height of obstruction:0.0 ft
5. Horizontal distance from obstruction to receiver:0.0 ft
6. Horizontal distance from unit to obstruction:0.0 ft
Detailed Acoustics Information
Octave Band Center Freq. Hz 63 125 250 500 1k 2k 4k 8k Overall
A 95.6 87.5 84.2 84.2 81.7 77.9 73.2 66.3 96.9 Lw
B 69.4 71.4 75.6 81.0 81.7 79.1 74.2 65.2 86.5 LwA
C 63.2 55.1 51.8 51.8 49.3 45.5 40.8 33.9 64.5 Lp
D 37.0 39.0 43.2 48.6 49.3 46.7 41.8 32.8 54.1 LpA
Legend
A Sound Power Levels at Unit's Acoustic Center, Lw
B A-Weighted Sound Power Levels at Unit's Acoustic Center, LwA
C Sound Pressure Levels at Specific Distance from Unit, Lp
D A-Weighted Sound Pressure Levels at Specific Distance from Unit, LpA
Calculation methods used in this program are patterned after the ASHRAE Guide; other ASHRAE Publications and the AHRI
Acoustical Standards. While a very significant effort has been made to insure the technical accuracy of this program, it is assumed
that the user is knowledgeable in the art of system sound estimation and is aware of the tolerances involved in real world acoustical
estimation. This program makes certain assumptions as to the dominant sound sources and sound paths which may not always be
appropriate to the real system being estimated. Because of this, no assurances can be offered that this software will always generate
an accurate sound prediction from user supplied input data. If in doubt about the estimation of expected sound levels in a space, an
Acoustical Engineer or a person with sound prediction expertise should be consulted.
Packaged Rooftop Builder 1.49h Page 11 of 21
Performance Summary For RTU-20
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
300 RPM
400 RPM
500 RPM
600 RPM
700 RPM
800 RPM
900 RPM
1000 RPM
1100 RPM 1200 RPM
1300 RPM
0.50 BHP
0.75 BHP
1.00 BHP 1.50 BHP
2.00 BHP
3.00 BHP
5.00 BHP
7.50 BHP
10.00 BHP
15.00 BHP
SC
RP
Fan Curve
SC - System Curve RP - Rated Point
RPM = 1111 BHP = 10.06 Maximum RPM = 1290 Maximum BHP = 11.90Static Pressure (in. wg.)Airflow (CFM - thousands)0 1 2 3 4 5 6 7 8 9 10
0.0
0.5
1.0
1.5
2.0
Packaged Rooftop Builder 1.49h Page 12 of 21
RTU-17.5
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
RTU-17.5
RTU-17.5
Tag Cover Sheet
Unit Report
Certified Drawing
Performance Report
Packaged Rooftop Builder 1.49h Page 13 of 21
Unit Report For RTU-17.5
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Unit Report
Unit Parameters
Unit Model:48TCEE21A7A5-0A0J0
Unit Size:21 (17.5 Tons)
Volts-Phase-Hertz:208-3-60
Heating Type:Gas
Duct Cfg:Horizontal Supply / Horizontal Return
Medium Heat
Two stage Cooling with Humidi-MiZer
Dimensions (ft. in.) & Weight (lb.) ***
Unit Length:11' 9.5''
Unit Width:7' 2.375''
Unit Height:4' 1.375''
*** Total Operating Weight:2614 lb
*** Weights and Dimensions are approximate. Weight does
not include unit packaging. Approximate dimensions are
provided primarily for shipping purposes. For exact
dimensions and weights, refer to appropriate product
data catalog.
Unit Configuration
High Static Option - Horizontal Models
Al/Cu - Al/Cu
Base Electromechanical Controls
Non-Fused Disconnect
Standard Packaging
2-Speed indoor fan motor controlled by VFD
Humidi-MiZer™ Adaptive Dehumidification System
Warranty Information
1-Year parts(std.)
5-Year compressor parts(std.)
10-Year heat exchanger - Aluminized(std.)
No optional warranties were selected.
NOTE: Please see Warranty Catalog 500-089 for explanation of policies and ordering methods.
Ordering Information
Part Number Description Quantity
48TCEE21A7A5-0A0J0 Rooftop Unit 1
Base Unit
High Static Option - Horizontal Models
None
2 Speed Fan Controller (VFD) and Non-Fused Disconnect
Accessories
CRRFCURB047A00 14-inch Tall Roof Curb 1
Packaged Rooftop Builder 1.49h Page 14 of 21
Certified Drawing for RTU-17.5
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Certified Drawing
Packaged Rooftop Builder 1.49h Page 15 of 21
Certified Drawing for RTU-17.5
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Packaged Rooftop Builder 1.49h Page 16 of 21
Certified Drawing for RTU-17.5
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Packaged Rooftop Builder 1.49h Page 17 of 21
Certified Drawing for RTU-17.5
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Packaged Rooftop Builder 1.49h Page 18 of 21
Performance Summary For RTU-17.5
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Performance Summary
Part Number:48TCEE21A7A5-0A0J0
ARI EER:10.80
IEER (Max Cooling at Normal Cooling Design Mode):12.7
Base Unit Dimensions
Unit Length:141.5 in
Unit Width:86.4 in
Unit Height:49.4 in
Operating Weight
Base Unit Weight:2102 lb
Medium Heat:90 lb
Two stage Cooling with Humidi-MiZer:120 lb
High Static Option - Horizontal Models:12 lb
2 Speed Fan Controller (VFD) and Non-Fused Disconnect:35 lb
Accessories
14-inch Tall Roof Curb:255 lb
Total Operating Weight:2614 lb
Unit
Unit Voltage-Phase-Hertz:208-3-60
Air Discharge:Horizontal
Fan Drive Type:Belt
Actual Airflow:7350 CFM
Site Altitude:0 ft
Cooling Performance
Condenser Entering Air DB:95.0 F
Evaporator Entering Air DB:80.0 F
Evaporator Entering Air WB:67.0 F
Entering Air Enthalpy:31.44 BTU/lb
Evaporator Leaving Air DB:58.8 F
Evaporator Leaving Air WB:57.9 F
Evaporator Leaving Air Enthalpy:24.97 BTU/lb
Gross Cooling Capacity:214.08 MBH
Gross Sensible Capacity:168.46 MBH
Compressor Power Input:14.34 kW
Coil Bypass Factor:0.091
Heating Performance
Heating Airflow:7350 CFM
Entering Air Temp:70.0 F
Leaving Air Temp:101.6 F
Gas Heating Input Capacity:248.0 / 310.0 MBH
Gas Heating Output Capacity:200.0 / 251.0 MBH
Temperature Rise:31.6 F
Thermal Efficiency (%):81.0
Supply Fan
External Static Pressure:0.85 in wg
Options / Accessories Static Pressure
Humidi-MiZer Dehumidification System:0.09 in wg
Total Application Static (ESP + Unit Opts/Acc.):0.94 in wg
Fan RPM:943
Fan Power:6.33 BHP
NOTE:Selected IFM RPM Range: 835 - 1021
Electrical Data
Voltage Range:187 / 253
Packaged Rooftop Builder 1.49h Page 19 of 21
Performance Summary For RTU-17.5
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
Compressor #1 RLA:27.6
Compressor #1 LRA:191
Compressor #2 RLA:25
Compressor #2 LRA:164
Indoor Fan Motor Type:HIGH
Indoor Fan Motor FLA:17.1
Combustion Fan Motor FLA (ea):0.52
Power Supply MCA:82.6
Power Supply MOCP (Fuse or HACR):100
Disconnect Size FLA:87
Disconnect Size LRA:451
Electrical Convenience Outlet:None
Outdoor Fan [Qty / FLA (ea)]:4 / 1.5
Control Panel SCCR: 5kA RMS at Rated Symmetrical Voltage
Acoustics
Sound Rating:84.0 db
Sound Power Levels, db re 10E-12 Watts
Discharge Inlet Outdoor
63 Hz 92.4 92.1 92.2
125 Hz 86.2 75.7 83.9
250 Hz 78.8 70.2 80.4
500 Hz 78.3 62.9 81.8
1000 Hz 72.6 57.3 78.7
2000 Hz 71.0 52.8 76.5
4000 Hz 70.9 46.6 72.2
8000 Hz 62.2 34.9 65.4
A-Weighted 80.4 69.0 84.1
Advanced Acoustics
Advanced Accoustics Parameters
1. Unit height above ground:30.0 ft
2. Horizontal distance from unit to receiver:50.0 ft
3. Receiver height above ground:5.7 ft
4. Height of obstruction:0.0 ft
5. Horizontal distance from obstruction to receiver:0.0 ft
6. Horizontal distance from unit to obstruction:0.0 ft
Detailed Acoustics Information
Octave Band Center Freq. Hz 63 125 250 500 1k 2k 4k 8k Overall
Packaged Rooftop Builder 1.49h Page 20 of 21
Performance Summary For RTU-17.5
Project: Yorkville Beecher 05/14/2018
Prepared By: 11:18AM
A 92.2 83.9 80.4 81.8 78.7 76.5 72.2 65.4 93.6 Lw
B 66.0 67.8 71.8 78.6 78.7 77.7 73.2 64.3 84.1 LwA
C 59.8 51.5 48.0 49.4 46.3 44.1 39.8 33.0 61.2 Lp
D 33.6 35.4 39.4 46.2 46.3 45.3 40.8 31.9 51.7 LpA
Legend
A Sound Power Levels at Unit's Acoustic Center, Lw
B A-Weighted Sound Power Levels at Unit's Acoustic Center, LwA
C Sound Pressure Levels at Specific Distance from Unit, Lp
D A-Weighted Sound Pressure Levels at Specific Distance from Unit, LpA
Calculation methods used in this program are patterned after the ASHRAE Guide; other ASHRAE Publications and the AHRI
Acoustical Standards. While a very significant effort has been made to insure the technical accuracy of this program, it is assumed
that the user is knowledgeable in the art of system sound estimation and is aware of the tolerances involved in real world acoustical
estimation. This program makes certain assumptions as to the dominant sound sources and sound paths which may not always be
appropriate to the real system being estimated. Because of this, no assurances can be offered that this software will always generate
an accurate sound prediction from user supplied input data. If in doubt about the estimation of expected sound levels in a space, an
Acoustical Engineer or a person with sound prediction expertise should be consulted.
300 RPM
400 RPM
500 RPM
600 RPM
700 RPM
800 RPM 900 RPM 1000 RPM 1100 RPM 1200 RPM
0.50 BHP
0.75 BHP
1.00 BHP
1.50 BHP
2.00 BHP 3.00 BHP
5.00 BHP
7.50 BHP
SC
RP
Fan Curve
SC - System Curve RP - Rated Point
RPM = 943 BHP = 6.33 Maximum RPM = 1290 Maximum BHP = 8.30Static Pressure (in. wg.)Airflow (CFM - thousands)0 1 2 3 4 5 6 7 8 9
0.0
0.5
1.0
1.5
2.0
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