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City Council Packet 2024 01-23-24 AGENDA CITY COUNCIL MEETING Tuesday, January 23, 2024 7:00 p.m. City Hall Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Ken Koch Arden Joe Plocher Chris Funkhouser Seaver Tarulis Dan Transier Craig Soling Matt Marek Rusty Corneils Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: 1. Bill Payments for Approval $ 1,330,960.36 (vendors) $ 371,437.39 (payroll period ending 01/05/24) $ 1,702,397.75 (total) 2. PW 2024-04 Grande Reserve Unit 12 – Acceptance - accept the public improvements of water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees as described in the Bill of Sale for ownership and maintenance by the City, subject to receipt of a maintenance guarantee in the amount of $80,154.00, subject to verification that the developer has no outstanding debt owed to the City for this project and subject to receipt of a signed Bill of Sale 3. PW 2024-05 Grande Reserve Unit 15 – Acceptance - accept the public improvements of water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees as described in the Bill of Sale for ownership and maintenance by the City, subject to receipt of a maintenance guarantee in the amount of $143,341.00, subject to verification that the developer has no outstanding debt owed to the City for this project and subject to receipt of a signed Bill of Sale United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda January 23, 2024 Page 2 Consent Agenda (cont’d): 4. PW 2024-06 Grande Reserve Unit 22 – Acceptance - accept the public improvements of water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees as described in the Bill of Sale for ownership and maintenance by the City, subject to receipt of a maintenance guarantee in the amount of $80,162.00, subject to verification that the developer has no outstanding debt owed to the City for this project and subject to receipt of a signed Bill of Sale 5. PW 2024-07 New Leaf Energy – Plat of Dedication and Grant of Easement – authorize staff to accept the plat of dedication and grant of easement for part of New Leaf Energy project and authorize the Mayor and City Clerk to execute 6. PW 2024-08 2024 Road to Better Roads – MFT Resolution and Cost Estimate – authorize the Mayor and City Clerk to execute 7. PW 2024-09 North Central Tank Rehabilitation – Change Order No. 3 (Final Balancing) – approve the North Central Tank Rehabilitation – Change Order No. 3 (Final Balancing) and authorize the Mayor to execute Mayor’s Report: 1. CC 2024-04 Kendall Marketplace – 8 Acres a. Resolution Declaring Certain Property as Surplus Property and Authorizing Its Sale b. Approval of the Commercial Purchase and Sale Agreement 2. CC 2024-05 Resolution Approving and Adopting a Debt Policy 3. CC 2024-06 Underwriter Engagement Letter for Raintree Village I and Raintree Village II Special Service Area (SSA) Bonds Public Works Committee Report: 1. PW 2024-10 2024 Water Main Replacement Contract B (Fox Industrial Park) – Contract Award 2. PW 2024-11 2024 Water Main Replacement Contract B (Fox Industrial Park) – Construction Engineering Agreement 3. PW 2024-12 Resolution Approving an Agreement with Kluber, Inc. for the Design of a Public Works Facility 4. PW 2024-13 Yorkville Public Works Building – Agreement for Professional Services (EEI Contract) Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Park Board: Planning and Zoning Commission: 1. PZC 2024-02 & EDC 2024-05 Ordinance Granting an Accessory Structure Location Variance for the Property Located at 703 South Main Street (Detached Shed) City Council Agenda January 23, 2024 Page 3 Planning and Zoning Commission (cont’d): 2. PZC 2024-03 & EDC 2024-06 Kendall County Petitions 23-32 and 23-33 – 1.5 Mile Review (Grainco FS, Inc. & A.B. Schwartz) City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 4. CC 2021-04 City Buildings Updates 5. CC 2021-38 Water Study Update Additional Business: Citizen Comments: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: February 21, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Marek Finance Library Vice-Chairman: Alderman Plocher Administration Committee: Alderman Koch Committee: Alderman Corneils ECONOMIC DEVELOPMENT: February 6, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Plocher Community Development Planning & Zoning Commission Vice-Chairman: Alderman Funkhouser Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Transier Committee: Alderman Tarulis PUBLIC SAFETY: March 7, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Transier Police School District Vice-Chairman: Alderman Tarulis Committee: Alderman Soling Committee: Alderman Funkhouser City Council Agenda January 23, 2024 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES cont’d: PUBLIC WORKS: February 20, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Koch Public Works Park Board Vice-Chairman: Alderman Soling Engineering YBSD Committee: Alderman Marek Parks and Recreation Committee: Alderman Corneils UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, January 23, 2024 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Bill Payments for Approval □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2024-04 Grande Reserve Unit 12 – Acceptance □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2024-05 Grande Reserve Unit 15 – Acceptance □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2024-06 Grande Reserve Unit 22 – Acceptance □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2024-07 New Leaf Energy – Plat of Dedication and Grant of Easement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2024-08 2024 Road to Better Roads – MFT Resolution and Cost Estimate □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2024-09 North Central Tank Rehabilitation – Change Order No. 3 (Final Balancing) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2024-04 Kendall Marketplace – 8 Acres a. Resolution Declaring Certain Property as Surplus Property and Authorizing Its Sale b. Approval of the Commercial Purchase and Sale Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2024-05 Resolution Approving and Adopting a Debt Policy □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2024-06 Underwriter Engagement Letter for Raintree Village I and Raintree Village II Special Service Area (SSA) Bonds □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2024-10 2024 Water Main Replacement Contract B (Fox Industrial Park) – Contract Award □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2024-11 2024 Water Main Replacement Contract B (Fox Industrial Park) – Construction Engineering Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2024-12 Resolution Approving an Agreement with Kluber, Inc. for the Design of a Public Works Facility □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2024-13 Yorkville Public Works Building – Agreement for Professional Services (EEI Contract) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PLANNING AND ZONING COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PZC 2024-02 & EDC 2024-05 Ordinance Granting an Accessory Structure Location Variance for the Property Located at 703 South Main Street (Detached Shed) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PZC 2024-03 & EDC 2024-06 Kendall County Petitions 23-32 and 23-33 – 1.5 Mile Review (Grainco FS, Inc. & A.B. Schwartz) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2021-04 City Building Updates □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2021-38 Water Study Update □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #1 Tracking Number Bills for Payment City Council – January 23, 2024 Majority Approval Amy Simmons Finance Name Department 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/10/24 UNITED CITY OF YORKVILLE TIME: 13:12:32 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------131230 KCR KENDALL COUNTY RECORDER'S 01/08/24151424 01/08/24 01 RAINTREE VILLAGE UNIT 6 SSA 01-000-24-00-2440 76.0002 SATISFACTION OF TAX LIEN-2346 ** COMMENT **03 RICHMOND ** COMMENT **04 RAINTREE VILLAGE UNIT 6 SSA 01-000-24-00-2440 76.0005 SATISFACTION OF TAX LIEN-2201 ** COMMENT **06 COUNTRY HILLS DR ** COMMENT **07 RAINTREE VILLAGE UNIT 5 SSA 01-000-24-00-2440 76.0008 SATISFACTION OF TAX LIEN-522 ** COMMENT **09 COACH RD ** COMMENT **10 WINDETT RIDGE UNIT 1 SSA 01-000-24-00-2440 76.0011 SATISFACTION OF TAX LIEN-642 ** COMMENT **12 KENTSHIRE DR ** COMMENT **13 WINDETT RIDGE UNIT 1 SSA 01-000-24-00-2440 76.0014 SATISFACTION OF TAX LIEN-611 ** COMMENT **15 SUTTON ST ** COMMENT **INVOICE TOTAL: 380.00 *CHECK TOTAL: 380.00TOTAL AMOUNT PAID: 380.00Page 1 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539952 AACVB AURORA AREA CONVENTION11/23-HAMPTON 12/31/23 01 NOV 2023 HAMPTON HOTEL TAX 01-640-54-00-5481 3,011.77INVOICE TOTAL: 3,011.77 *11/23-SUNSET 12/31/23 01 NOV 2023 SUNSET HOTEL TAX 01-640-54-00-5481 8.10INVOICE TOTAL: 8.10 *11/23-SUPER 12/20/23 01 NOV 2024 SUPER 8 HOTEL TAX 01-640-54-00-5481 1,283.11INVOICE TOTAL: 1,283.11 *CHECK TOTAL: 4,302.98539953 ADVAAUTO ADVANCED AUTOMATION & CONTROLS23-4238 12/21/23 01 REMOVED OLD AND INSTALLED NEW 51-510-54-00-5445 3,045.9202 ANTENNA AND CABLE ON WATER ** COMMENT **03 TOWER ** COMMENT **INVOICE TOTAL: 3,045.92 *CHECK TOTAL: 3,045.92539954 ALTORFER ALTORFER INDUSTRIES, INCTH510093996 12/28/23 01 REBUILD BUCKET CYLINDER 51-510-54-00-5490 3,252.6602 REBUILD BUCKET CYLINDER 01-410-54-00-5490 3,252.65INVOICE TOTAL: 6,505.31 *CHECK TOTAL: 6,505.31539955 AMEHOIST AMERICAN HOIST & MANLIFT, INC28374 12/28/23 01 DEC 2023 ELEVATOR MAINTENANCE 24-216-54-00-5446 160.0002 AT 102 E VAN EMMON ** COMMENT **INVOICE TOTAL: 160.00 *CHECK TOTAL: 160.00Page 2 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539956 AMENGLLI ERIC SUSZYNSKI2024 HTD DEPOSIT 01/11/24 01 HOMETOWN DAYS 2024 BAND 79-000-14-00-1400 2,375.0002 DEPOSIT ** COMMENT **INVOICE TOTAL: 2,375.00 *CHECK TOTAL: 2,375.00D003272 ANTPLACE ANTHONY PLACE YORKVILLE LPFEB 2024 01/05/24 01 CITY OF YORKVILLE HOUSING 01-640-54-00-5427 946.0002 ASSISTANCE PROGRAM RENT** COMMENT **03 REIMBURSEMENT FOR FEB 2024** COMMENT **INVOICE TOTAL:946.00 *DIRECT DEPOSIT TOTAL:946.00539957 ATTAT&T6305536805-122312/25/23 01 12/25-01/24 RIVERFRONT PARK 79-795-54-00-5440124.11INVOICE TOTAL:124.11 *CHECK TOTAL:124.11539958 BDKDOOR BDK DOOR80506841212/28/23 01 REPAIRED DOOR SPRING79-790-54-00-54952,922.00INVOICE TOTAL:2,922.00 *CHECK TOTAL:2,922.00539959 BENNETTG BENNETT, GARY L.12172312/17/23 01 JAN-APR 2024 BRUSH DUMPING 01-540-54-00-5443400.0002 MAY-JUN 2024 BRUSH DUMPING 01-000-14-00-1400200.00INVOICE TOTAL:600.00 *CHECK TOTAL:600.00Page 3 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539960 CARGILL CARGILL, INC2908920154 12/13/23 01 DEICER SALT 15-155-56-00-5618 18,241.20INVOICE TOTAL: 18,241.20 *2908924823 12/14/23 01 DEICER SALT 15-155-56-00-5618 4,057.64INVOICE TOTAL: 4,057.64 *2908928841 12/15/23 01 DEICER SALT 15-155-56-00-5618 8,055.88INVOICE TOTAL: 8,055.88 *2908936343 12/18/23 01 DEICER SALT 15-155-56-00-5618 8,166.00INVOICE TOTAL: 8,166.00 *CHECK TOTAL: 38,520.72539961 CHICMAFP CHICAGO METROPOLITAN AGENCY2024MUN 282 11/06/23 01 FY 2024 LOCAL CONTRIBUTION 01-110-54-00-5460 813.03INVOICE TOTAL: 813.03 *CHECK TOTAL: 813.03539962 CITYSTUD CITYSTUDIO, LLC121823 12/18/23 01 INFORMATION CENTER FURNISHINGS 25-205-60-00-6060 6,939.36INVOICE TOTAL: 6,939.36 *CHECK TOTAL: 6,939.36539963 COMED COMMONWEALTH EDISON0091033126-1223 12/29/23 01 11/28-12/29 RT34 & AUTUMN CRK 23-230-54-00-5482 334.52INVOICE TOTAL: 334.52 *0435057364-1223 12/22/23 01 11/21-12/22 RT126 & SCHLHS RD 23-230-54-00-5482 138.47INVOICE TOTAL: 138.47 *Page 4 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539963 COMED COMMONWEALTH EDISON1647065335-1223 12/29/23 01 11/28-12/29 SARAVANOS PUMP 52-520-54-00-5480 309.67INVOICE TOTAL: 309.67 *2947052031-1223 12/28/23 01 11/27-12/28 RT47 & RIVER 23-230-54-00-5482 574.32INVOICE TOTAL: 574.32 *7110074020-1223 12/28/23 01 11/22-12/28 104 E VAN EMMON 01-110-54-00-5480 340.22INVOICE TOTAL: 340.22 *7982120022-1223 12/28/23 01 11/27-12/28 609 N BRIDGE 01-110-54-00-5480 45.00INVOICE TOTAL: 45.00 *CHECK TOTAL: 1,742.20539964 COREMAIN CORE & MAIN LPU005310 12/19/23 01 RED SBR 51-510-56-00-5664 87.92INVOICE TOTAL: 87.92 *U076956 12/13/23 01 METER WIRE 51-510-56-00-5664 352.64INVOICE TOTAL: 352.64 *U085345 12/12/23 01 WALL CHARGER COMMAND LINK 51-510-56-00-5664 154.36INVOICE TOTAL: 154.36 *CHECK TOTAL: 594.92539965 DELAGE DLL FINANCIAL SERVICES INC81609868 12/18/23 01 FEB 2024 MANAGED PRINT 01-110-54-00-5485 112.3302 SERVICES ** COMMENT **03 FEB 2024 MANAGED PRINT 01-120-54-00-5485 37.4404 SERVICES ** COMMENT **05 FEB 2024 MANAGED PRINT 01-210-54-00-5485 112.33Page 5 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539965 DELAGE DLL FINANCIAL SERVICES INC81609868 12/18/23 06 SERVICES ** COMMENT **07 FEB 2024 MANAGED PRINT 51-510-54-00-5485 50.1808 SERVICES ** COMMENT **09 FEB 2024 MANAGED PRINT 52-520-54-00-5485 12.3610 SERVICES ** COMMENT **11 FEB 2024 MANAGED PRINT01-410-54-00-548512.3612 SERVICES** COMMENT **INVOICE TOTAL:337.00 *CHECK TOTAL:337.00539966 DIRENRGY DIRECT ENERGY BUSINESS1704705-233630053361 12/29/23 01 11/22-12/26 KENNEDY & MCHUGH 23-230-54-00-5482138.48INVOICE TOTAL:138.48 *1704707-233530053286 12/19/23 01 11/13-12/14 RT47 & KENNEDY 23-230-54-00-54821,321.14INVOICE TOTAL:1,321.14 *1704708-240030053381 01/03/24 01 1/27-12/27 1850 MARKETVIEW DR 23-230-54-00-5482127.72INVOICE TOTAL:127.72 *1704709-240030053381 01/03/24 01 11/27-12/27 7 COUNTRYSIDE PKWY 23-230-54-00-5482215.20INVOICE TOTAL:215.20 *1704710-233630053361 12/29/23 01 11/22-12/26 VAN EMMON LOT 23-230-54-00-548229.07INVOICE TOTAL:29.07 *1704712-233560053318 12/22/23 01 11/16-12/19 421 POPLAR23-230-54-00-54828,567.25INVOICE TOTAL:8,567.25 *1704714-240030053381 01/03/24 01 11/27-12/27 MCHUGH RD23-230-54-00-5482139.32INVOICE TOTAL:139.32 *1704715-233560053318 12/22/23 01 11/16-12/19 998 WHITE PLAINS 23-230-54-00-548211.32INVOICE TOTAL:11.32 *Page 6 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539966 DIRENRGY DIRECT ENERGY BUSINESS1704716-240030053381 01/03/24 01 11/27-12/28 1 COUNTRYSIDE KWY 23-230-54-00-5482 268.50INVOICE TOTAL: 268.50 *1704719-233610053341 12/27/23 01 11/20-12/21 LEASURE & SUNSET 23-230-54-00-5482 2,453.08INVOICE TOTAL: 2,453.08 *1704721-240030053381 01/03/24 01 11/27-12/27 610 TOWER WELLS 51-510-54-00-5480 7,388.03INVOICE TOTAL: 7,388.03 *1704722-233630053361 12/29/23 01 11/29-12/26 2923 BRISTOL RDG 51-510-54-00-5480 5,744.03INVOICE TOTAL: 5,744.03 *1704723-233630053361 12/29/23 01 11/22-12/26 2224 TREMONT 51-510-54-00-5480 10,968.66INVOICE TOTAL: 10,968.66 *1704724-233560053318 12/22/23 01 11/13-12/18 3299 LEHMAN 51-510-54-00-5480 8,290.47INVOICE TOTAL: 8,290.47 *CHECK TOTAL: 45,662.27539967 DYNEGY DYNEGY ENERGY SERVICES386643523121 12/29/23 01 10/25-11/26 420 FAIRHAVEN 52-520-54-00-5480 126.5202 10/26-11/27 6780 RT47 51-510-54-00-5480 151.2903 11/22-12/26 456 KENNEDY 51-510-54-00-5480 145.2704 11/08-12/10 4600 N BRIDGE 51-510-54-00-5480 96.9505 11/21-12/21 1106 PRAIRIE CR 52-520-54-00-5480 146.6706 11/22-12/26 301 E HYDRAULIC 79-795-54-00-5480 66.3407 10/27-11/28 FOXHILL 7 LIFT 52-520-54-00-5480 93.6808 11/21-12/21 872 PRAIRIE CR 79-795-54-00-5480 149.8409 11/08-12/10 9257 GALENA PK 79-795-54-00-5480 49.2110 10/25-11/26 101 BRUELL 52-520-54-00-5480 440.5511 11/21-12/21 1908 RAINTREE 51-510-54-00-5480 300.7012 11/22-12/26 PRESTWICK LIFT 52-520-54-00-5480 156.41Page 7 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539967 DYNEGY DYNEGY ENERGY SERVICES386643523121 12/29/23 13 11/22-12/26 1991 CANNONBALL TR 51-510-54-00-5480 307.7914 10/25-11/26 610 TOWER 51-510-54-00-5480 200.2015 11/22-12/26 276 WINDHAM LIFT 52-520-54-00-5480 179.2916 11/22-12/26 133 E HYDRAULIC 79-795-54-00-5480 250.8717 10/25-11/26 1975 BRIDGE LIFT 52-520-54-00-5480 478.52INVOICE TOTAL:3,340.10 *CHECK TOTAL:3,340.10539968 EEIENGINEERING ENTERPRISES, INC.7901112/27/23 01 NORTH RT47 IMPROVEMENTS01-640-54-00-54654,457.00INVOICE TOTAL:4,457.00 *7901212/27/23 01 SOUTH RT47 IMPROVEMENTS01-640-54-00-5465592.00INVOICE TOTAL:592.00 *7901312/27/23 01 TRAFFIC CONTROLS SIGNAGE & 01-640-54-00-54651,296.0002 MARKINGS** COMMENT **INVOICE TOTAL:1,296.00 *7901412/27/23 01 UTILITY PERMIT REVIEWS01-640-54-00-5465972.00INVOICE TOTAL:972.00 *7901512/27/23 01 GRANDE RESERVE-UNIT 801-640-54-00-5465435.00INVOICE TOTAL:435.00 *7901612/27/23 01 WINDETT RIDGE-UNIT 290-048-48-00-0111829.75INVOICE TOTAL:829.75 *7901712/27/23 01 WHISPERING MEADOWS-TRG01-640-54-00-5465716.50INVOICE TOTAL:716.50 *7901812/27/23 01 GRANDE RESERVE-UNIT 301-640-54-00-5465998.25INVOICE TOTAL:998.25 *Page 8 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539968 EEI ENGINEERING ENTERPRISES, INC.79019 12/27/23 01 GRANDE RESERVE-UNITS 26 & 27 90-147-00-00-0111 1,863.75INVOICE TOTAL: 1,863.75 *79036 12/27/23 01 BRENART EYE CARE BUILDING 90-155-00-00-0111 292.5002 ADDITION ** COMMENT **INVOICE TOTAL: 292.50 *79037 12/27/23 01 KENDALL MARKETPLACE-LOT 52 90-154-00-00-0111 652.5002 PHASE 2 & 3 RESUB** COMMENT **INVOICE TOTAL:652.50 *7903812/27/23 01 GRANDE RESERVE-UNIT 901-640-54-00-54651,135.50INVOICE TOTAL:1,135.50 *7903912/27/23 01 BRIGHT FARMS90-173-00-00-0111416.00INVOICE TOTAL:416.00 *7904012/27/23 01 KENDALLWOOD ESTATES-RALLY 90-174-00-00-01111,787.25INVOICE TOTAL:1,787.25 *7904112/27/23 01 WELL MONITORING DASHBOARDS 01-640-54-00-5465281.00INVOICE TOTAL:281.00 *7904212/27/23 01 NORTH CENTRAL EWST REHAB51-510-60-00-601512,131.75INVOICE TOTAL:12,131.75 *7904312/27/23 01 LSL INVENTORY01-640-54-00-5465237.89INVOICE TOTAL:237.89 *7904412/27/23 01 GREEN DOOR LINCOLN PRAIRIE 90-191-00-00-01111,909.25INVOICE TOTAL:1,909.25 *7904512/27/23 01 2023 WATER MAIN REPLACEMENT-A 51-510-60-00-6025194.00INVOICE TOTAL:194.00 *Page 9 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539968 EEI ENGINEERING ENTERPRISES, INC.79046 12/27/23 01 CALEDONIA UNIT 3 90-188-00-00-0111 81.00INVOICE TOTAL: 81.00 *79047 12/27/23 01 GENERAL LAKE MICHIGAN/DWC 01-640-54-00-5465 750.5002 COORDINATION ** COMMENT **INVOICE TOTAL: 750.50 *79048 12/27/23 01 BRISTOL BAY UNIT 10 90-186-00-00-0111 162.00INVOICE TOTAL:162.00 *7904912/27/23 01 STATION 1 BBQ90-185-00-00-0111192.00INVOICE TOTAL:192.00 *7905012/27/23 01 GRANDE RESERVE UNIT 401-640-54-00-54651,151.50INVOICE TOTAL:1,151.50 *7905112/27/23 01 GRANDE RESERVE-UNIT 601-640-54-00-5465297.00INVOICE TOTAL:297.00 *7905212/27/23 01 LAKE MICHIGAN CONNECTION51-510-60-00-6011769.7902 PRELIMINARY ENGINEERING** COMMENT **INVOICE TOTAL:769.79 *7905312/27/23 01 LAKE MICHIGAN CONNECTION51-510-60-00-6011712.0002 CORROSION CONTROL STUDY** COMMENT **INVOICE TOTAL:712.00 *7905412/27/23 01 NORTHPOINTE SUBDIVISION90-195-00-00-0111411.00INVOICE TOTAL:411.00 *7905512/27/23 01 NEW LEAF ENERGY-SOLAR FARM 90-196-00-00-01112,602.00INVOICE TOTAL:2,602.00 *CHECK TOTAL:38,326.68Page 10 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539969 EEI ENGINEERING ENTERPRISES, INC.79056 12/27/23 01 2023 WATER MAIN REPLACEMENT-B 51-510-60-00-6025 64,368.00INVOICE TOTAL: 64,368.00 *CHECK TOTAL: 64,368.00539970 EEI ENGINEERING ENTERPRISES, INC.79057 12/27/23 01 CITY OF YORKVILLE-GENERAL 01-640-54-00-5465 1,240.00INVOICE TOTAL: 1,240.00 *79058 12/27/23 01 MUNICIPAL ENGINEERING SERVICES 01-640-54-00-5465 1,900.00INVOICE TOTAL: 1,900.00 *79059 12/27/23 01 WELL #10 & RAW WATER MAIN 51-510-60-00-6029 24,961.66INVOICE TOTAL: 24,961.66 *79060 12/27/23 01 2023 SANITARY SEWER LINING 52-520-60-00-6025 867.75INVOICE TOTAL: 867.75 *79061 12/27/23 01 YORKVILLE HIGH SCHOOL STADIUM 01-640-54-00-5465 81.0002 PROJECT ** COMMENT **INVOICE TOTAL: 81.00 *79062 12/27/23 01 2024 WATER MAIN REPLACEMENT-B 51-510-60-00-6025 25,265.55INVOICE TOTAL: 25,265.55 *79063 12/27/23 01 KENDALL COUNTY BUILDING-FOX ST 01-640-54-00-5465 5,180.25INVOICE TOTAL: 5,180.25 *79064 12/27/23 01 ELDAMAIN WATER MAIN LOOP-LP 51-510-60-00-6024 18,679.78INVOICE TOTAL: 18,679.78 *79065 12/27/23 01 CORNEILS SANITARY SEWER-LP 52-520-60-00-6024 1,333.62INVOICE TOTAL: 1,333.62 *Page 11 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539970 EEI ENGINEERING ENTERPRISES, INC.79066 12/27/23 01 SOUTHERN SANITARY SEWER 52-520-60-00-6024 1,690.1402 CONNECTION-LP ** COMMENT **INVOICE TOTAL: 1,690.14 *79067 12/27/23 01 DWC TRANSMISSION MAIN 51-510-60-00-6011 9,732.50INVOICE TOTAL: 9,732.50 *79068 12/27/23 01 1203 N BRIDGE ST-GERBER 90-214-00-00-0111 2,722.75INVOICE TOTAL:2,722.75 *7906912/27/23 01 WELL #7 WTP STANDBY GENERATOR 51-510-60-00-60601,576.35INVOICE TOTAL:1,576.35 *7907012/27/23 01 LOT 1-FOUNTAIN VILLAGE90-211-00-00-01112,522.25INVOICE TOTAL:2,522.25 *7907112/27/23 01 E. VAN EMMON ST RESURFACING 23-230-60-00-60898,831.84INVOICE TOTAL:8,831.84 *7907212/27/23 01 2024 ROAD PROGRAM23-230-60-00-602510,748.00INVOICE TOTAL:10,748.00 *7907312/27/23 01 KENDALL MARKETPLACE LOT 52 90-154-00-00-0111255.0002 PHASE 4** COMMENT **INVOICE TOTAL:255.00 *7907412/27/23 01 FY 2025 BUDGET01-640-54-00-54655,428.75INVOICE TOTAL:5,428.75 *7907512/27/23 01 LAKE MICHIGAN-WIFIA LOAN51-510-60-00-601117,653.8602 APPLICATION** COMMENT **INVOICE TOTAL:17,653.86 *7907612/27/23 01 NEXAMP SOLAR90-212-00-00-01111,137.00INVOICE TOTAL:1,137.00 *Page 12 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539970 EEI ENGINEERING ENTERPRISES, INC.79077 12/27/23 01 LOT 1 TIMBER OAKS LN-BOWMAN 90-194-00-00-0111 738.00INVOICE TOTAL: 738.00 *CHECK TOTAL: 142,546.05539971 FIRSTNET AT&T MOBILITY287313454005X0103202 12/25/23 01 11/26-12/25 MOBILE DEVICES 01-220-54-00-5440 42.1702 11/26-12/25 MOBILE DEVICES 51-510-54-00-5440 42.1703 11/26-12/25 MOBILE DEVICES 01-110-54-00-544084.3404 11/26-12/25 MOBILE DEVICES 01-210-54-00-5440838.6405 11/26-12/25 MOBILE DEVICES 79-795-54-00-544042.17INVOICE TOTAL:1,049.49 *CHECK TOTAL:1,049.49539972 FIRSTNET AT&T MOBILITY287313454207X0103202 12/25/23 01 11/26-12/25 MOBILE DEVICES 01-220-54-00-5440253.0202 11/26-12/25 MOBILE DEVICES 79-790-54-00-544036.2403 11/26-12/25 MOBILE DEVICES 79-795-54-00-5440156.8204 11/26-12/25 MOBILE DEVICES 51-510-54-00-5440235.2305 11/26-12/25 MOBILE DEVICES 52-520-54-00-544072.48INVOICE TOTAL:753.79 *CHECK TOTAL:753.79539973 FOXRIDGE FOX RIDGE STONE828512/23/23 01 GRAVEL51-510-56-00-5640130.00INVOICE TOTAL:130.00 *CHECK TOTAL:130.00539974 GARDKOCH GARDINER KOCH & WEISBERGPage 13 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539974 GARDKOCH GARDINER KOCH & WEISBERGH-2364C-17537 01/11/24 01 KIMBALL HILL I MATTERS 01-640-54-00-5461 6,396.74INVOICE TOTAL: 6,396.74 *H-3181C-17538 01/11/24 01 GENERAL CITY ADMIN MATTERS 01-640-54-00-5461 66.00INVOICE TOTAL: 66.00 *CHECK TOTAL: 6,462.74539975 GLATFELT GLATFELTER UNDERWRITING SRVS.429952128-201/02/24 01 LIABILITY INS INSTALL #201-640-52-00-523115,620.6002 LIABILITY INS INSTALL #2-PR 01-640-52-00-52313,247.9003 LIABILITY INS INSTALL #251-510-52-00-52311,722.4504 LIABILITY INS INSTALL #252-520-52-00-5231825.6705 LIABILITY INS INSTALL #282-820-52-00-52311,294.7106 LIABILITY INS INSTALL #201-000-14-00-1400518.3707 LIABILITY INS INSTALL #2-PR 01-000-14-00-1400107.7808 LIABILITY INS INSTALL #251-000-14-00-140057.1609 LIABILITY INS INSTALL #252-000-14-00-140027.4010 LIABILITY INS INSTALL #2-LIB 01-000-14-00-140042.96INVOICE TOTAL:23,465.00 *CHECK TOTAL:23,465.00539976 GROOT GROOT INC11712688T10201/01/24 01 DEC 2024 REFUSE SERVICE 01-540-54-00-5442142,448.4602 DEC 2024 SENIOR REFUSE SERVICE 01-540-54-00-54413,990.57INVOICE TOTAL:146,439.03 *CHECK TOTAL:146,439.03539977 HARRIS HARRIS COMPUTER SYSTEMSMSIXT000045411/28/23 01 MYGOVHUB FEES-NOV 202301-120-54-00-5462301.37Page 14 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539977 HARRIS HARRIS COMPUTER SYSTEMSMSIXT0000454 11/28/23 02 MYGOVHUB FEES-NOV 2023 51-510-54-00-5462 454.8203 MYGOVHUB FEES-NOV 2023 52-520-54-00-5462 131.25INVOICE TOTAL: 887.44 *CHECK TOTAL: 887.44539978 ILPD4811 ILLINOIS STATE POLICE113023-4811 11/30/23 01 SOLICITOR BACKGROUND CHECKS 01-110-54-00-5462 56.5002 MASSAGE BACKGROUND CHECKS 01-110-54-00-546228.2503 APPLICANT BACKGROUND CHECKS 01-220-54-00-5462113.0004 BACKGROUND CHECKS79-790-54-00-5462339.00INVOICE TOTAL:536.75 *CHECK TOTAL:536.75539979 INTERDEV INTERDEV, LLCLIC-104244012/31/23 01 INTERDEV TIMED ACTIVE STORAGE 01-640-54-00-5450270.00INVOICE TOTAL:270.00 *MSP-104243812/31/23 01 MONTHLY IT BILLINING-DEC 2023 01-640-54-00-545018,298.00INVOICE TOTAL:18,298.00 *SEC-104245012/31/23 01 MONTHLY DUO BILLING-DEC 2023 01-640-54-00-54501,235.54INVOICE TOTAL:1,235.54 *CHECK TOTAL:19,803.54539980 IPRFILLINOIS PUBLIC RISK FUND9050312/18/23 01 FEB 2024 WORKER COMP INS01-640-52-00-523111,668.7602 FEB 2024 WORKER COMP INS-PR 01-640-52-00-52312,373.7103 FEB 2024 WORKER COMP INS51-510-52-00-52311,106.54Page 15 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539980 IPRF ILLINOIS PUBLIC RISK FUND90503 12/18/23 04 FEB 2024 WORKER COMP INS 52-520-52-00-5231 499.8305 FEB 2024 WORKER COMP INS 82-820-52-00-5231 943.16INVOICE TOTAL: 16,592.00 *CHECK TOTAL: 16,592.00539981 JIMSTRCK JIM'S TRUCK INSPECTION LLC200681 12/06/23 01 TRUCK INSPECTION 01-410-54-00-5490 43.00INVOICE TOTAL:43.00 *20103901/02/24 01 TRUCK INSPECTION79-790-54-00-549541.00INVOICE TOTAL:41.00 *20104001/02/24 01 TRUCK INSPECTION79-790-54-00-549541.00INVOICE TOTAL:41.00 *20104101/02/24 01 TRUCK INSPECTION79-790-54-00-549541.00INVOICE TOTAL:41.00 *20104201/02/24 01 TRUCK INSPECTION79-790-54-00-549541.00INVOICE TOTAL:41.00 *20104301/02/24 01 TRUCK INSPECTION79-790-54-00-549541.00INVOICE TOTAL:41.00 *20104401/02/24 01 TRUCK INSPECTION79-790-54-00-549541.00INVOICE TOTAL:41.00 *20104701/02/24 01 TRUCK INSPECTION79-790-54-00-549541.00INVOICE TOTAL:41.00 *20104801/02/24 01 TRUCK INSPECTION79-790-54-00-549541.00INVOICE TOTAL:41.00 *Page 16 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539981 JIMSTRCK JIM'S TRUCK INSPECTION LLC201060 01/02/24 01 TRUCK INSPECTION 79-790-54-00-5495 41.00INVOICE TOTAL: 41.00 *CHECK TOTAL: 412.00539982 KCSHERIF KENDALL CO. SHERIFF'S OFFICELEE-DEC 202301/03/24 01 LEE COUNTY FTA BOND FEE01-000-24-00-241270.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:70.00 *CHECK TOTAL:70.00539983 MARCO MARCO TECHNOLOGIES LLC51884139012/27/23 01 12/20-01/20 COPIER LEASE01-110-54-00-5485259.2902 12/20-01/20 COPIER LEASE01-120-54-00-5485259.2703 12/20-01/20 COPIER LEASE01-220-54-00-5485518.5804 12/20-01/20 COPIER LEASE01-210-54-00-5485663.7305 12/20-01/20 COPIER LEASE01-410-54-00-548551.4706 12/20-01/20 COPIER LEASE51-510-54-00-548551.4707 12/20-01/20 COPIER LEASE52-520-54-00-548551.4608 12/20-01/20 COPIER LEASE79-790-54-00-5485154.3909 12/20-01/20 COPIER LEASE79-795-54-00-5485259.28INVOICE TOTAL:2,268.94 *CHECK TOTAL:2,268.94539984 MENINC MENARDS INC103123-STREBATE01/09/24 01 AUG-OCT 2023 SALES TAX REBATE 01-640-54-00-5492121,628.75INVOICE TOTAL:121,628.75 *CHECK TOTAL:121,628.75Page 17 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539985 MESIMPSO M.E. SIMPSON CO, INC41441 11/30/23 01 307 ILLINI DR LEAK DETECTION 51-510-54-00-5462 935.00INVOICE TOTAL: 935.00 *CHECK TOTAL: 935.00539986 METIND METROPOLITAN INDUSTRIES, INC.INV057677 12/29/23 01 BLACKBERRY CREEK PUMP REPAIR 52-520-56-00-5613 12,608.00INVOICE TOTAL: 12,608.00 *CHECK TOTAL: 12,608.00539987 MIDWSALT MIDWEST SALTP471324 12/22/23 01 BULK ROCK SALT 51-510-56-00-5638 3,448.31INVOICE TOTAL: 3,448.31 *P471431 01/03/24 01 BULK ROCK SALT 51-510-56-00-5638 3,525.04INVOICE TOTAL: 3,525.04 *P471509 01/05/24 01 BULK ROCK SALT 51-510-56-00-5638 3,546.44INVOICE TOTAL: 3,546.44 *CHECK TOTAL: 10,519.79539988 NICOR NICOR GAS00-41-22-8748 4-1223 01/02/24 01 11/30-01/02 1107 PRAIRIE LN 01-110-54-00-5480 126.00INVOICE TOTAL: 126.00 *12-43-53-5625 3-1223 01/03/24 01 12/01-01/03 609 N BRIDGE 01-110-54-00-5480 112.12INVOICE TOTAL: 112.12 *15-64-61-3532 5-1223 01/02/24 01 11/30-01/02 1991 CANNONBALL TR 01-110-54-00-5480 46.84INVOICE TOTAL: 46.84 *Page 18 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539988 NICOR NICOR GAS20-52-56-2042 1-1223 12/29/23 01 11/29-12/29 420 FAIRHAVEN 01-110-54-00-5480 140.42INVOICE TOTAL: 140.42 *23-45-91-4862 5-1223 01/03/24 01 12/01-01/03 101 BRUELL ST 01-110-54-00-5480 144.89INVOICE TOTAL: 144.89 *40-52-64-8356 1-1223 01/04/24 01 12/04-01/04 102 E VAN EMMON 01-110-54-00-5480 480.74INVOICE TOTAL: 480.74 *61-60-41-1000 9-1223 01/03/24 01 12/01-01/03 610 TOWER 01-110-54-00-5480 634.78INVOICE TOTAL: 634.78 *83-80-00-1000 7-1223 01/04/24 01 12/01-01/03 610 TOWER UNIT B 01-110-54-00-5480 326.77INVOICE TOTAL: 326.77 *91-85-68-4012 8-1223 01/05/24 01 11/30-01/02 902 GAME FARM RD 82-820-54-00-5480 2,094.6602 1/3/23-2/1/23 OVERPAYMENT CR 82-820-54-00-5480 -200.00INVOICE TOTAL: 1,894.66 *CHECK TOTAL: 3,907.22539989 OMALLEY O'MALLEY WELDING & FABRICATING2103712/13/23 01 MISC. FABRICATION AT BEECHER 79-790-54-00-5495562.5002 CENTER** COMMENT **INVOICE TOTAL:562.50 *CHECK TOTAL:562.50539990 OSWEGO VILLAGE OF OSWEGO251712/20/23 01 STATE LOBBYIST REIMBURSEMENT 01-640-54-00-54622,333.3302 NOV-DEC 2023** COMMENT **03 STATE LOBBYIST REIMBURSEMENT 51-510-54-00-54622,333.34Page 19 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539990 OSWEGO VILLAGE OF OSWEGO2517 12/20/23 04 NOV-DEC 2023 ** COMMENT **05 FEDERAL LOBBYIST 01-640-54-00-5462 3,125.0006 REIMBURSEMENT NOV-DEC 2023 ** COMMENT **07 FEDERAL LOBBYIST 51-510-54-00-5462 3,125.0008 REIMBURSEMENT NOV-DEC 2023 ** COMMENT **INVOICE TOTAL:10,916.67 *251812/20/23 01 TRAINING COORDINATOR SALARY 01-210-54-00-54134,001.7802 REIMBURSEMENT FOR NOV 2023** COMMENT **INVOICE TOTAL:4,001.78 *CHECK TOTAL:14,918.45539991 OTTOSEN OTTOSEN DINOLFO270511/30/23 01 NEW LEAF SOLAR MATTER90-196-00-00-0011242.00INVOICE TOTAL:242.00 *270611/30/23 01 NORTHPOINT MATTER90-195-00-00-0011198.00INVOICE TOTAL:198.00 *270711/30/23 01 MEETINGS01-640-54-00-54561,600.00INVOICE TOTAL:1,600.00 *270811/30/23 01 BRIGHT FARMS MATTER01-640-54-00-545677.00INVOICE TOTAL:77.00 *270911/30/23 01 WESTBURY MATTER01-640-54-00-5456165.00INVOICE TOTAL:165.00 *271011/30/23 01 GREEN DOOR MATTER90-191-00-00-00112,783.00INVOICE TOTAL:2,783.00 *271111/30/23 01 DOWNTOWN TIF II MATTER89-890-54-00-5462165.00INVOICE TOTAL:165.00 *Page 20 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539991 OTTOSEN OTTOSEN DINOLFO2896 11/30/23 01 MISC CITY ADMIN MATTERS 01-640-54-00-5456 6,432.92INVOICE TOTAL: 6,432.92 *CHECK TOTAL: 11,662.92539992 PETITEPA THE PETITE PALETTE123023 12/30/23 01 CHRISTMAS BREAK PAINTING CLASS 79-795-54-00-5462 350.00INVOICE TOTAL: 350.00 *CHECK TOTAL: 350.00539993 R0001975 RYAN HOMES4435 SARASOTA 12/29/23 01 CANCELLED PERMIT REFUND 01-000-42-00-4210 1,165.0002 CANCELLED PERMIT REFUND 51-000-44-00-4430 550.0003 CANCELLED PERMIT REFUND 52-000-44-00-4455 2,000.0004 CANCELLED PERMIT REFUND 25-000-42-00-4219 700.0005 CANCELLED PERMIT REFUND 25-000-42-00-4215 300.0006 CANCELLED PERMIT REFUND 84-000-42-00-4214 500.0007 CANCELLED PERMIT REFUND 25-000-42-00-4220 50.0008 CANCELLED PERMIT REFUND 25-000-42-00-4218 100.0009 CANCELLED PERMIT REFUND 95-000-24-00-2452 1,000.0010 CANCELLED PERMIT REFUND 23-000-42-00-4222 2,000.0011 CANCELLED PERMIT REFUND 95-000-24-00-2453 2,668.1612 CANCELLED PERMIT REFUND 51-000-44-00-4450 5,554.0013 CANCELLED PERMIT REFUND 24-000-42-00-4218 1,759.0014 CANCELLED PERMIT REFUND 42-000-42-00-4208 25.00INVOICE TOTAL: 18,371.16 *CHECK TOTAL: 18,371.16539994 R0002208 HARI DEVELOPMENT YORKVILLE LLC103123-STREBATE 01/09/24 01 AUG-OCT 2023 SALES TAX REBATE 01-640-54-00-5492 1,279.40INVOICE TOTAL: 1,279.40 *CHECK TOTAL: 1,279.40Page 21 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------539995 R0002619 JAMI HINSHAW010324-RFND 01/03/24 01 REFUND OVERPAYMENT ON UB 01-000-13-00-1371 252.0202 ACCT#0300404560-09 ** COMMENT **INVOICE TOTAL: 252.02 *CHECK TOTAL: 252.02539996 R0002620 JOHN STABILE010224-RFND 01/02/24 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371 101.5802 BILL FOR ACCT#0103239230-01 ** COMMENT **INVOICE TOTAL:101.58 *CHECK TOTAL:101.58539997 R0002621 SMEED KHAN2023-2379 RFND01/03/24 01 REFUND WITHDRAWN PERMIT01-000-42-00-42101,357.05INVOICE TOTAL:1,357.05 *CHECK TOTAL:1,357.05539998 R0002622 BLUE SKY ENERGY SOLUTIONS LLC2023-1429 RFND12/28/23 01 CANCELLED PERMIT REFUND01-000-42-00-4210150.00INVOICE TOTAL:150.00 *CHECK TOTAL:150.00539999 R0002623 VFW POST 14862023 SANTA01/11/24 01 HOLIDAY SANTA VISITS79-795-56-00-56061,352.00INVOICE TOTAL:1,352.00 *CHECK TOTAL:1,352.00Page 22 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540000 SUBURLAB SUBURBAN LABORATORIES INC.221236 12/29/23 01 WATER SAMPLING 51-510-54-00-5429 806.33INVOICE TOTAL: 806.33 *CHECK TOTAL: 806.33540001 TRCONTPR TRAFFIC CONTROL & PROTECTION114102-BALANCE 03/10/23 01 BALANCE FOR SIGNS 79-790-54-00-5495 150.00INVOICE TOTAL: 150.00 *CHECK TOTAL: 150.00540002 TRICO TRICO MECHANICAL , INC8157 12/08/23 01 BEECHER CENTER HVAC REPAIR 24-216-54-00-5446 1,212.00INVOICE TOTAL: 1,212.00 *CHECK TOTAL: 1,212.00540003 TRICO TRICO MECHANICAL , INC8166 12/20/23 01 CITY HALL IT SERVER ROOM AC 24-216-54-00-5446 12,060.0002 UPGRADE ** COMMENT **INVOICE TOTAL: 12,060.00 *CHECK TOTAL: 12,060.00540004 UMBBANK UMB BANK103123-STREBATE 01/09/24 01 AUG-OCT 2023 SALES TAX REBATE 01-640-54-00-5492 151,787.22INVOICE TOTAL: 151,787.22 *CHECK TOTAL: 151,787.22540005 WATERSYS WATER SOLUTIONS UNLIMITED, INCPage 23 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540005 WATERSYS WATER SOLUTIONS UNLIMITED, INC50237 12/22/23 01 CHEMICALS 51-510-56-00-5638 5,055.32INVOICE TOTAL: 5,055.32 *CHECK TOTAL: 5,055.32540006 WINTEREQ WINTER EQUIPMENT COMPANYIV57441 11/27/23 01 PLOW GUARDS 01-410-56-00-5628 2,925.23INVOICE TOTAL: 2,925.23 *CHECK TOTAL: 2,925.23D003273 YBSDYORKVILLE BRISTOL2024.00101/02/24 01 JAN 2024 LANDFILL EXPENSE 51-510-54-00-544521,226.76INVOICE TOTAL:21,226.76 *23-DEC01/09/24 01 DEC 2023 SANITARY FEES95-000-24-00-2450351,204.29INVOICE TOTAL:351,204.29 *DIRECT DEPOSIT TOTAL:372,431.05540007 YORKGLAS YORKVILLE GLASS & MIRROR791612/26/23 01 CAULKED INTERIOR WINDOWS IN 24-216-54-00-5446900.0002 LOBBY ARE AT CITY HALL** COMMENT **INVOICE TOTAL:900.00 *CHECK TOTAL:900.00540008 YOUNGM MARLYS J. YOUNG010224-EDC01/09/24 01 01/02/24 EDC MEETING MINUTES 01-110-54-00-546285.00INVOICE TOTAL:85.00 *Page 24 of 27 01-110ADMIN01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATIONS01-640ADMINISTRATIVESERVICES11-111FOXHILLSSA12-112SUNFLOWERSSA15-155MOTORFUELTAX(MFT)23-230CITYWIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-212GENERALGOVERNMENTCAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECREATIONCAPITAL51-510WATEROPERATIONS52-520SEWEROPERATIONS79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNIITIF90-XXXDEVELOPERESCROW95-000ESCROWDEPOSITDATE: 01/17/24TIME: 08:42:36UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/23/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540008 YOUNGM MARLYS J. YOUNG121923-PW 12/22/23 01 12/19/23 PW MEETING MINUTES 01-110-54-00-5462 85.00INVOICE TOTAL: 85.00 *122023-ADMIN 12/25/23 01 12/20/23 ADMIN MEETING MINUTES 01-110-54-00-5462 85.00INVOICE TOTAL: 85.00 *CHECK TOTAL: 255.00957,203.31373,377.05TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:1,330,580.36Page 25 of 27 REGULAR OVERTIME TOTAL IMRF FICA TOTALSADMINISTRATION18,622.44 - 18,622.44 1,100.59 1,377.52 21,100.55 FINANCE13,739.01 - 13,739.01 811.98 1,014.75 15,565.74 POLICE139,545.07 8,422.81 147,967.88 413.70 11,034.38 159,415.96 COMMUNITY DEV.25,748.62 - 25,748.62 1,539.49 1,905.91 29,194.02 STREETS23,708.04 83.76 23,791.80 1,412.01 1,765.94 26,969.75 BUILDING & GROUNDS5,938.01 - 5,938.01 359.80 457.22 6,755.03 WATER20,362.40 831.07 21,193.47 1,252.55 1,547.75 23,993.77 SEWER10,066.17 - 10,066.17 594.89 735.71 11,396.77 PARKS29,333.76 - 29,333.76 1,709.35 2,177.31 33,220.42 RECREATION22,889.78 - 22,889.78 1,280.95 1,718.22 25,888.95 LIBRARY16,088.64 - 16,088.64 654.94 1,192.85 17,936.43 TOTALS326,041.94$ 9,337.64$ 335,379.58$ 11,130.25$ 24,927.56$ 371,437.39$ TOTAL PAYROLL371,437.39$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYJanuary 5, 2024Page 26 of 27 ACCOUNTS PAYABLE DATE Clerk's Check #131230 Kendall County Recorder (Page 1)01/08/2024 380.00$ City Check Register (Pages 2 - 25)01/23/2024 1,330,580.36 SUB-TOTAL:1,330,960.36$ Bi - Weekly (Page 26)01/05/2024 371,437.39$ SUB-TOTAL:371,437.39$ TOTAL DISBURSEMENTS:1,702,397.75$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, January 23, 2024 PAYROLL Page 27 of 27 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #2 Tracking Number PW 2024-04 Grande Reserve – Unit 12 City Council – January 23, 2024 PW – 1/16/24 Moved forward to CC consent agenda. PW 2024-04 Majority Consideration of Approval Subdivision Acceptance Consideration Brad Sanderson Engineering Name Department The developer has requested that the City accept the public improvements for ownership and maintenance. All work related to the public improvements, including punch list work has been completed. We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted for ownership and maintenance by the City. As required by City Code, the developer will be responsible to provide a performance guarantee to cover the one-year maintenance period. This period starts after the City formally accepts the improvements. Along with final acceptance, there is a bond reduction to 10% of the value of the public improvements (Maintenance Guarantee). The existing bond and new amounts are as follows: Platte River Insurance Co. Bond #41239269 $31,689.00 Platte River Insurance Co. Bond #41239270 $37,374.00 Platte River Insurance Co. Bond #41239272 $60,400.00 Current Total Bond Value $129,463.00 Original Value $493,094.35 Required Value (10% of Original) $49,309.00 Net Allowable Reduction $80,154.00 Upon City Council approval of the acceptance and the receipt of the executed Bill of Sale and new guarantee amount, the existing security may then be released. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: December 21, 2023 Subject: Grande Reserve – Unit 12 1 BILL OF SALE Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development know as Grande Reserve – Unit 12 and generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at ___________________________________, this _____ day of _______________, 20__. _______________________ Signature of Seller Name: Title: Subscribed and Sworn to before me this _____ day of _____________, 20__. _______________________ Notary Public GASB GRANDE RESERVE - UNIT 12 UNITED CITY OF YORKVILLE UNIT QUANTITIY UNIT PRICE COST FOOT 1,081 20.00$ 21,620.00$ FOOT 189 30.00$ 5,670.00$ EACH 11 1,950.00$ 21,450.00$ EACH 20 450.00$ 9,000.00$ EACH 0 1,200.00$ -$ EACH 3 250.00$ 750.00$ FOOT 160 36.50$ 5,840.00$ EACH 1 1,500.00$ 1,500.00$ FOOT 1,270 1.00$ 1,270.00$ FOOT 1,186 21.00$ 24,906.00$ EACH 3 1,000.00$ 3,000.00$ EACH 1 4,000.00$ 4,000.00$ EACH 20 300.00$ 6,000.00$ EACH 0 600.00$ -$ EACH 3 250.00$ 750.00$ EACH 2 1,900.00$ 3,800.00$ EACH 2 1,200.00$ 2,400.00$ EACH 246 17.50$ 4,305.00$ FOOT 640 16.00$ 10,240.00$ FOOT 46 18.00$ 828.00$ FOOT 84 14.00$ 1,176.00$ FOOT 30 17.00$ 510.00$ FOOT 40 19.00$ 760.00$ FOOT 157 21.00$ 3,297.00$ FOOT 24 25.00$ 600.00$ FOOT 144 30.00$ 4,320.00$ FOOT 54 33.00$ 1,782.00$ FOOT 166 38.00$ 6,308.00$ FOOT 129 40.00$ 5,160.00$ FOOT 168 42.00$ 7,056.00$ EACH 3 1,050.00$ 3,150.00$ EACH 10 1,430.00$ 14,300.00$ EACH 3 1,300.00$ 3,900.00$ EACH 1 2,000.00$ 2,000.00$ EACH 4 600.00$ 2,400.00$ EACH 1 1,500.00$ 1,500.00$ EACH 3 250.00$ 750.00$ EACH 2 250.00$ 500.00$ EACH 2 250.00$ 500.00$ FOOT 390 10.00$ 3,900.00$ FOOT 2,357 1.75$ 4,124.75$ 8" X 16" PRESSURE CONNECTION W/60" VAULT 1-1/2" TYPE K COPPER SERVICE, NEAR 1-1/2" TYPE K COPPER SERVICE, FAR 12" RCP SELECT GRANULAR BACKFILL (MAINLINE) 12" RCP W/ASTMC-443 JOINTS UTILITIES SANITARY SEWER CONSTRUCTION 18" RCP 18" RCP W/ASTM C-443 JOINTS 48" CATCH BASIN W/ FRAME & GRATE SIDEWALK STORM SEWER CONSTRUCTION WATER MAIN CONSTRUCTION 8" PLUG FIRE HYDRANT FLUSHING FIRE HYDRANT 8" DUCTILE IRON WATER MAIN 8" PVC SANITARY SEWER (SDR-26) 8" PVC SANITARY SEWER (SDR-21) 15" CMP 60" MANHOLE W/FRAME & LID TELEVISE STORM SEWER 24" INLET TYPE A W/ FRAME & GRATE 24" RCP W/ASTM C-443 JOINTS 27" RCP 30" RCP 30" RCP W/ASTM C-443 JOINTS 36" RCP 36" RCP FLARED END SECTION 12" PLUG 15" PLUG 18" PLUG SELECT GRANULAR BACKFILL (MAINLINE) 48" MANHOLE W/FRAME & LID 60" CATCH BASIN W/ FRAME & GRATE 48" MANHOLE TYPE A W/ FRAME & LID 6" SANITARY SERVICE, COMPLETE - NEAR 6" SANITARY SERVICE, COMPLETE - FAR 8" PLUG SELECT GRANULAR BACKFILL (CA07) CONNECT TO EXISTING MANHOLE TELEVISE MAINS 8" VALVE & BOX 21" RCP 15" RCP GASB GRANDE RESERVE - UNIT 12 UNITED CITY OF YORKVILLE SQ FT 8620 3.75$ 32,325.00$ EACH 3 4,500.00$ 13,500.00$ LSUM 1 43,487.00$ 43,487.00$ LSUM 1 90,536.00$ 90,536.00$ LSUM 1 27,235.00$ 27,235.00$ TOTAL COST 402,405.75$ UNIT QUANTITY UNIT PRICE COST FOOT 275 121.73$ 33,475.66$ FOOT 470 121.73$ 57,212.94$ TOTAL 745 TOTAL COST 90,688.60$ 5' WIDE - 5" PCC SIDEWALK W/ 2" AGGREGATE ROADWAY BIG ROCK BLVD STREET LIGHTING STREET LIGHT 25' STANDARD, COMPLETE INCLUDING WIRE & TRENCHING, ETC MISCELLANEOUS PARKWAY TREES BUFFER & COMMON AREA PARKWAY TREES BERESFORD DRIVE B N S F R R Mat l ockDr B e r r y w o o d L n Shoeger Dr M ill R d Mill Rd Bailey RdBeresford Dr Big RockBlvdKennedy RdKennedy RdShoeger CtLehman CrossingTuscany TrlBissel DrG a le n a R d Engineering Enterprises, Inc. 52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con GRANDE RESERVELOCATION MAP DATE:DECEMBER 2023United City of Yorkville651 Prairie Pointe Dr.Yorkville, IL 60560(630) 553-4350http://www.yorkville.il.us UNIT 12 UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.:YO2034 PATH:H:/GIS/PUBLIC/YORKVILLE/2034/FILE: fffää N O R T H Legend Unit 12 Boundary H:\GIS\Public\Yorkville\2020\YO2034\YO2034_ Grande Reserve Unit 12.mxd 600 0 600300 Feet 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #3 Tracking Number PW 2024-05 Grande Reserve – Unit 15 City Council – January 23, 2024 PW – 1/16/24 Moved forward to CC consent agenda. PW 2024-05 Majority Consideration of Approval Subdivision Acceptance Consideration Brad Sanderson Engineering Name Department The developer has requested that the City accept the public improvements for ownership and maintenance. All work related to the public improvements, including punch list work has been completed. We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted for ownership and maintenance by the City. As required by City Code, the developer will be responsible to provide a performance guarantee to cover the one-year maintenance period. This period starts after the City formally accepts the improvements. Along with final acceptance, there is a bond reduction to 10% of the value of the public improvements (Maintenance Guarantee). The existing bond and new amounts are as follows: Platte River Insurance Co. Bond #41239278 $98,430.00 Platte River Insurance Co. Bond #41239279 $142,800.00 Current Total Bond Value $241,230.00 Original Value $978,892.05 Required Value (10% of Original) $97,889.00 Net Allowable Reduction $143,341.00 Upon City Council approval of the acceptance and the receipt of the executed Bill of Sale and new guarantee amount, the existing security may then be released. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: December 21, 2023 Subject: Grande Reserve – Unit 15 1 BILL OF SALE Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development know as Grande Reserve – Unit 15 and generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at ___________________________________, this _____ day of _______________, 20__. _______________________ Signature of Seller Name: Title: Subscribed and Sworn to before me this _____ day of _____________, 20__. _______________________ Notary Public EXHIBIT A GRANDE RESERVE - UNIT 15 UNITED CITY OF YORKVILLE UNIT QUANTITIY UNIT QUANTITY FOOT 2,743 FOOT 1,350 EACH 20 FOOT 215 EACH 65 EACH 23 FOOT 342 FOOT 209 EACH 1 FOOT 2,743 FOOT 2,542 EACH 12 EACH 1 EACH 71 EACH 14 EACH 1 EACH 11 FOOT 275 FOOT 474 FOOT 368 FOOT 205 FOOT 347 FOOT 400 EACH 6 EACH 3 EACH 9 EACH 7 EACH 3 EACH 4 FOOT 305 FOOT 1,794 SQ FT 14650 EACH 6 EACH 14 LSUM 1 LSUM 1 LSUM 1 BUFFER & COMMON AREA MISCELLANEOUS SIDEWALK 15" RCP 18" RCP 21" RCP 60" MANHOLE W/ FRAME AND LID CONNECTION TO EXISTING SELECT GRANULAR BACKFILL (MAINLINE) TELEVISE STORM SEWER WATER MAIN CONSTRUCTION STORM SEWER CONSTRUCTION FIRE HYDRANT ASSEMBLY, COMPLETE CONNECTION TO EXISTING SELECT GRANULAR BACKFILL (MAINLINE) 12" RCP 48" CATCH BASINW/ FRAME & GRATE 8" DUCTILE IRON WATER MAIN 8" VALVE & BOX 8" X 16" PRESSURE CONNECTION W/60" VAULT 1" TYPE K COPPER SERVICE, NEAR 1" TYPE K COPPER SERVICE, FAR ROADWAY BAILEY ROAD BERESFORD DRIVE STREET LIGHTING STREET LIGHT 25' STANDARD, COMPLETE PARKWAY TREES MISCELLANEOUS 24" RCP 48" MANHOLE W/ FRAME AND LID 6" SANITARY SERVICE COMPLETE - FAR 5' WIDE - 5" PCC SIDEWALK W/ 2" AGGREGATE 27" RCP FLARED END SECTION W/ GRATE UTILITIES SANITARY SEWER CONSTRUCTION 8" PVC SANITARY SEWER (SDR 26) 48" MANHOLE TYPE A W/ FRAME AND LID 6" SANITARY SERVICE COMPLETE - NEAR SELECT GRANULAR BACKFILL (CA-7) 6" SERVICE RISER CONNECT TO EXISTING MANHOLE TELEVISE MAINS 24" INLET TYPE A W/ FRAME & GRATE STREET TREES EXHIBIT A GRANDE RESERVE - UNIT 15 UNITED CITY OF YORKVILLE B N S F R R Matl ock DrM i l l R d Mill Rd Preston Dr Shoeger DrShoegerCtGalena R d Bailey RdBeresford Dr Big RockBlvdHavenhill CtBrady StKennedy RdKennedy RdTuscany TrlSeeley StLehman CrossingBissel DrB e r r y w o o d L n Engineering Enterprises, Inc. 52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con GRANDE RESERVELOCATION MAP DATE:NOVEMBER 2023United City of Yorkville651 Prairie Pointe Dr.Yorkville, IL 60560(630) 553-4350http://www.yorkville.il.us UNIT 15 UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.:YO2034 PATH:H:/GIS/PUBLIC/YORKVILLE/2034/FILE: fffää N O R T H Legend Unit 15 Boundary H:\GIS\Public\Yorkville\2020\YO2034\YO2034_ Grande Reserve Unit 15.mxd 600 0 600300 Feet 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #4 Tracking Number PW 2024-06 Grande Reserve – Unit 22 City Council – January 23, 2024 PW – 1/16/24 Moved forward to CC consent agenda. PW 2024-06 Majority Consideration of Approval Subdivision Acceptance Consideration Brad Sanderson Engineering Name Department The developer has requested that the City accept the public improvements for ownership and maintenance. All work related to the public improvements, including punch list work has been completed. We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted for ownership and maintenance by the City. As required by City Code, the developer will be responsible to provide a performance guarantee to cover the one-year maintenance period. This period starts after the City formally accepts the improvements. Along with final acceptance, there is a bond reduction to 10% of the value of the public improvements (Maintenance Guarantee). The existing bond and new amounts are as follows: Platte River Insurance Co. Bond #41239282 $117,200.00 Current Total Bond Value $117,200.00 Original Value $370,387.95 Required Value (10% of Original) $37,038.00 Net Allowable Reduction $80,162.00 Upon City Council approval of the acceptance and the receipt of the executed Bill of Sale and new guarantee amount, the existing security may then be released. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: December 21, 2023 Subject: Grande Reserve – Unit 22 1 BILL OF SALE Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development know as Grande Reserve – Unit 22 and generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at ___________________________________, this _____ day of _______________, 20__. _______________________ Signature of Seller Name: Title: Subscribed and Sworn to before me this _____ day of _____________, 20__. _______________________ Notary Public EXHIBIT A GRANDE RESERVE - UNIT 22 UNITED CITY OF YORKVILLE UNIT QUANTITIY UNIT QUANTITY FOOT 1,730 FOOT 905 EACH 10 EACH 56 FOOT 215 FOOT 38 FOOT 1 FOOT 1,730 FOOT 1,713 EACH 8 EACH 36 EACH 19 EACH 1 EACH 9 EACH FOOT 736 FOOT 155 FOOT 280 FOOT 230 EACH 5 EACH 4 EACH 9 FOOT 100 FOOT 891 SQ FT 9000 EACH 2 LSUM 1 SIDEWALK 12" RCP 15" RCP 15" RCP W/ ASTM C-443 JOINTS 48" CATCH BASIN W/ FRAME & GRATE WATER MAIN CONSTRUCTION STORM SEWER CONSTRUCTION FIRE HYDRANT ASSEMBLY, COMPLETE 4" SUMP PUMP CONNECTION 24" INLET TYPE A W/ FRAME & GRATE 8" DUCTILE IRON WATER MAIN 8" VALVE & BOX 1" TYPE K COPPER SERVICE, NEAR 1" TYPE K COPPER SERVICE, FAR CONNECTION TO EXISTING ROADWAY BISSEL DRIVE STREET LIGHTING STREET LIGHT 25' STANDARD, COMPLETE LANDSCAPING MISCELLANEOUS 18" RCP W/ ASTM C-443 JOINTS 48" MANHOLE W/ FRAME AND LID SELECT GRANULAR BACKFILL (CA-7) 5' WIDE - 5" PCC SIDEWALK W/ 2" AGGREGATE TELEVISE STORM SEWER UTILITIES SANITARY SEWER CONSTRUCTION 8" PVC SANITARY SEWER (SDR 26) 48" MANHOLE TYPE A W/ FRAME AND LID 6" SANITARY SERVICE COMPLETE - NEAR 6" SERVICE RISER CONNECTION TO EXISTING TELEVISE MAINS SELECT GRANULAR BACKFILL (MAINLINE) B N S F R R Matl ock DrB e r r y w o o d L n Shoeger DrShoegerCt Bailey RdM ill R d Mill Rd Beresford Dr Big RockBlvdG a le n a R d Tuscany TrlKennedy RdKennedy RdLehman CrossingBissel DrEngineering Enterprises, Inc. 52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con GRANDE RESERVELOCATION MAP DATE:NOVEMBER 2023United City of Yorkville651 Prairie Pointe Dr.Yorkville, IL 60560(630) 553-4350http://www.yorkville.il.us UNIT 22 UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.:YO2034 PATH:H:/GIS/PUBLIC/YORKVILLE/2034/FILE: fffää N O R T H Legend Unit 22 Boundary H:\GIS\Public\Yorkville\2020\YO2034\YO2034_ Grande Reserve Unit 22.mxd 600 0 600300 Feet 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #5 Tracking Number PW 2024-07 New Leaf Energy – Plat of Dedication and Grant of Easement City Council – January 23, 2024 PW – 1/16/24 Moved forward to CC consent agenda. PW 2024-07 Majority Consideration of Approval Plat of Dedication and Grant of Easement Brad Sanderson Engineering Name Department Last spring the City Council approved the annexation and rezoning for the development of the New Leaf Energy project. New Leaf Energy is proceeding with site plan work in preparation for spring 2024 construction. Accordingly, there is right-of-way to be dedicated along Beecher Road as well as easements to be granted to the City. See the attached documents. We have reviewed both documents for compliance with City requirements and are recommending approval and execution. 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 Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: January 2, 2024 Subject: New Leaf Energy – Plat of Dedication and Grant of Easement JOB: S2300001 CHECK:FIM DRAWN:KCH SHEET 1 OF 1 PLAT OF DEDICATIONSTRUCTURALMECHANICALTELECOMMUNICATIONLAND SURVEYCIVILAQUATICACCESSIBILITY CONSULTINGDESIGN & PROGRAM MANAGEMENTPLUMBINGELECTRICALWT GROUPIL. License No: 184.007570-0015 Expires: 04.30.20232675 Pratum Avenue | Hoffman Estates, IL 60192T: 224.293.6333 | F: 224.293.6444wtengineering.comCOPYRIGHT 2023 THE WT GROUP, LLC©ISSUE DATETOBEECHER ROAD, BRISTOLBEECHER SOLAR 1, LLCKENDALL COUNTY, ILLINOISDED-1Engineering with Precision, Pace and Passion.Engineering Ÿ Design Ÿ Consulting11/01/23CLIENT N 11/28/23CLIENT 12/22/23CLIENT PRELIMINARY 12/22/23 JOB: S2300001 CHECK:FIM DRAWN:KCH SHEET 1 OF 1 PLAT OF DEDICATIONSTRUCTURALMECHANICALTELECOMMUNICATIONLAND SURVEYCIVILAQUATICACCESSIBILITY CONSULTINGDESIGN & PROGRAM MANAGEMENTPLUMBINGELECTRICALWT GROUPIL. License No: 184.007570-0015 Expires: 04.30.20232675 Pratum Avenue | Hoffman Estates, IL 60192T: 224.293.6333 | F: 224.293.6444wtengineering.comCOPYRIGHT 2023 THE WT GROUP, LLC©ISSUE DATETOBEECHER ROAD, BRISTOLBEECHER SOLAR 1, LLCKENDALL COUNTY, ILLINOISDED-1Engineering with Precision, Pace and Passion.Engineering Ÿ Design Ÿ Consulting11/01/23CLIENT N “” 11/29/23CLIENT 12/13/23CLIENT“” 12/21/23CLIENT 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #6 Tracking Number PW 2024-08 2024 Road to Better Roads Program City Council – January 23, 2024 PW – 1/16/24 Moved forward to CC consent agenda. PW 2024-08 Majority Consideration of Approval MFT Resolution and Cost Estimate Consideration Brad Sanderson Engineering Name Department In accordance with the planned FY25 budget and Road to Better Roads Program, we are proceeding with design of the 2024 program and submitting the documents to IDOT for review and approval. The overall project is estimated at $1,415,983.55 with $1,000,000 coming from MFT funds. Note that adjustments will be made to the program as necessary after bids are received to match the budgeted funds. Since MFT funds are being utilized to fund the project, IDOT requires the passing of a Resolution to appropriate the funds. Accordingly, please see the attached Resolution for Maintenance Under the Illinois Highway Code in the amount of $1,000,000. Staff is seeking approval of the resolution from the City Council. 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 Rob Fredrickson, Finance Director Jori Behland, City Clerk Date: January 9, 2024 Subject: 2024 Road to Better Roads Program Resolution for Maintenance Under the Illinois Highway Code BLR 14220 (Rev. 12/13/22)Completed12/27/23 District 3 County Kendall Resolution Number Resolution Type Original Section Number 24-00000-00-GM BE IT RESOLVED, by the Governing Body Type Council of the Local Public Agency Type City of Name of Local Public Agency Yorkville Illinois that there is hereby appropriated the sum of DollarsOne Million and 00/100 () $1,000,000.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of Illinois Highway Code from Beginning Date 05/01/24 to Ending Date 04/30/25 . BE IT FURTHER RESOLVED, that only those operations as listed and described on the approved Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that Local Public Agency Type City of Name of Local Public Agency Yorkville shall submit within three months after the end of the maintenance period as stated above, to the Department of Transportation, on forms available from the Department, a certified statement showing expenditures and the balances remaining in the funds authorized for expenditure by the Department under this appropriation, and BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office of the Department of Transportation. I Name of Clerk Jori Behland Local Public Agency Type City Clerk in and for said Local Public Agency Type City of Name of Local Public Agency Yorkville in the State of Illinois, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Governing Body Type Council of Name of Local Public Agency Yorkville at a meeting held on Date 01/23/24 . IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this Day 23rd day of Month, Year January, 2024 . (SEAL, if required by the LPA) Clerk Signature & Date APPROVED Regional Engineer Signature & Date Department of Transportation BLR 14222 (Rev. 05/26/23) Local Public Agency General Maintenance Page 1 of 2Completed12/27/23 Submittal Type Original Estimate of Maintenance Costs District 3 Estimate of Cost For Municipality Maintenance Period Local Public Agency United City of Yorkville County Kendall Section Number 24-00000-00-GM Beginning 05/01/24 Ending 04/30/25 Maintenance Items Maintenance Operation Maint Eng Category Insp. Req. Material Categories/ Point of Delivery or Work Performed by an Outside Contractor Unit Quantity Unit Cost Cost Total Maintenance Operation Cost 1. Roadway Maintenance IV Yes $1,415,983.55 Total Operation Cost $1,415,983.55 Estimate of Maintenance Costs Summary Maintenance MFT Funds RBI Funds Other Funds Estimated Costs Local Public Agency Labor Local Public Agency Equipment Materials/Contracts(Non Bid Items) Materials/Deliver & Install/Materials Quotations (Bid Items) Formal Contract (Bid Items) $1,000,000.00 $415,983.55 $1,415,983.55 Maintenance Total $1,000,000.00 $415,983.55 $1,415,983.55 Estimated Maintenance Eng Costs Summary Maintenance Engineering MFT Funds RBI Funds Other Funds Total Est Costs Preliminary Engineering Engineering Inspection Material Testing Advertising Bridge Inspection Engineering Maintenance Engineering Total Total Estimated Maintenance $1,000,000.00 $415,983.55 $1,415,983.55 Remarks SUBMITTED Local Public Agency Official Signature & Date Title Mayor APPROVED Regional Engineer Signature & Date Department of TransportationCounty Engineer/Superintendent of Highways Signature & Date BLR 14222 (Rev. 05/26/23)Page 2 of 2Completed12/27/23 Estimate of Maintenance Costs Submittal Type Original Local Public Agency United City of Yorkville County Kendall Section 24-00000-00-GM Maintenance Period Beginning 05/01/24 Ending 04/30/25 IDOT Department Use Only Received Location Received Date Additional Location? WMFT Entry By Entry Date Contract Estimate of Cost Page 1 of 2 BLR 11510 (Rev. 10/25/21)Printed 12/27/23 Local Public Agency United City of Yorkville County Kendall Section Number 24-00000-00-GM Route(s)/Street-Road Name Various Local Roads (See Location Map) Project Length 3.43 Miles Project Termini Various Local Roads (See Location Map) Item Number Item Unit of Measure Quantity Unit Price Total Estimated Cost 1.Partial Depth Patching (Special)Sq Yd 280 $35.00 $9,800.00 2.Hot-Mix Asphalt Surface Removal - Butt Joint Sq Yd 140 $15.00 $2,100.00 3.Hot-Mix Asphalt Surface Removal, Variable Depth Sq Yd 39,430 $2.90 $114,347.00 4.Hot-Mix Asphalt Surface Removal, 1.5"Sq Yd 19,555 $2.20 $43,021.00 5.Bituminous Materials (Tack Coat)Pound 31,055 $0.05 $1,552.75 6.Hot-Mix Asphalt Binder Course, IL-9.5, N50 Ton 3,400 $81.00 $275,400.00 7.Hot-Mix Asphalt Surface Course, IL-9.5, Mix "D", N50 Ton 5,090 $81.00 $412,290.00 8.Combination Concrete Curb and Gutter Removal and Replacement Foot 2,056 $44.00 $90,464.00 9.Sidewalk Removal Sq Ft 17,254 $2.25 $38,821.50 10.Portland Cement Concrete Sidewalk, 5 Inch Sq Ft 17,409 $9.50 $165,385.50 11.Detectable Warnings Sq Ft 732 $35.00 $25,620.00 12.Inlets To Be Adjusted Each 45 $450.00 $20,250.00 13.Manholes To Be Adjusted Each 1 $750.00 $750.00 14.Sanitary Manholes To Be Adjusted Each 2 $1,000.00 $2,000.00 15.Type 1 Frame, Open Lid Each 8 $600.00 $4,800.00 16.Type 1 Frame, Closed Lid Each 1 $600.00 $600.00 17.Type 3 Frame and Grate Each 1 $600.00 $600.00 18.Valve Boxes To Be Adjusted Each 3 $250.00 $750.00 19.Domestic Water Service Boxes To Be Adjusted Each 1 $200.00 $200.00 20.Thermoplastic Pavement Markings - Letters & Symbols Sq Ft 477 $6.00 $2,862.00 21.Thermoplastic Pavement Markings - Line 4"Foot 2,050 $1.00 $2,050.00 22.Thermoplastic Pavement Markings - Line 6"Foot 3,244 $2.00 $6,488.00 23.Thermoplastic Pavement Markings - Line 8"Foot 429 $4.00 $1,716.00 24.Thermoplastic Pavement Markings - Line 12"Foot 205 $4.00 $820.00 25.Thermoplastic Pavement Markings - Line 24"Foot 119 $5.00 $595.00 26.Hot-Mix Asphalt Driveway Removal and Replacement Sq Yd 217 $55.00 $11,935.00 27.Remove and Reinstall Brick Pavers Sq Ft 12 $45.00 $540.00 BLR 11510 (Rev. 10/25/21)Page 2 of 2Printed 12/27/23 Section Number 24-00000-00-GM County Kendall Local Public Agency United City of Yorkville Item Number Item Unit of Measure Quantity Unit Price Total Estimated Cost 28.Bike Path Removal Sq Ft 188 $2.25 $423.00 29.Hot-Mix Asphalt Bike Path Removal and Replacement Sq Yd 114 $55.00 $6,270.00 30.Sodding, Special Sq Yd 2,016 $15.00 $30,240.00 31.Supplemental Watering Unit 20 $100.00 $2,000.00 32.Traffic Control and Protection L Sum 1 $20,000.00 $20,000.00 33.Routing and Sealing Cracks Foot 36,188 $0.60 $21,712.80 34.Crack Routing Foot 48,000 $0.01 $480.00 35.Crack Filling Pound 16,000 $1.60 $25,600.00 36.Class D Patches, 2 Inch Sq Yd 2,100 $35.00 $73,500.00 Total Overall Estimated Cost: $1,415,983.55 Prepared By Christopher Ott Date 12/27/23 Signature Date ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()-()-( )-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( )-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( ) - 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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, 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #7 Tracking Number PW 2024-09 North Central Tank Rehabilitation City Council – January 23, 2024 PW – 1/16/24 Moved forward to CC consent agenda. PW 2024-09 Majority Consideration of Approval Consideration of Change Order No. 3 – Final Balancing Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 3 – Final Balancing, 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 Jetco, ltd. entered into an agreement for a contract value of $630,750 for the above-referenced project. The current contract completion date is November 30, 2023. Questions Presented: Should the City approve Change Order No. 3 - Final Balancing, which would decrease the contract value by $39,639.80? Discussion: This change order balances the contract value to final quantities. Deductions from contract value include:  Item 7 – Weld Repair, Corrosion Pits – not required due to the absence of corrosion pits requiring repairs.  Item 8 – Pit Filling, Applied – quantity reduction to actual value due to minimal required repairs.  Item 9 - Waste Disposal - quantity reduction to actual value.  Item 10 – Hazardous Waste Disposal – not required.  Item 15 – Furnish and Install Flanged Exhaust Hatch – not required.  Item 18 – Roof Pod Removal – not required, completed by T-Mobile.  Item 20 – Remove and Replace Expansion Joint – not required, previously upgraded.  Item 22 – Items Ordered by Engineer – not required. Total deductions from the contract amount to $50,639.80. Please see the attached summary spreadsheet for detailed information. Additionally, the design for the logo was updated, increasing the cost by $11,000. The cost increase is due to the additional cost of paint and labor involved for the more detailed design. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Rob Fredrickson, Finance Director Jori Behland, City Clerk Date: January 10, 2024 Subject: North Central Tank Rehabilitation CHANGE ORDER NO. 3 ‐ FINAL BALANCING UNITED CITY OF YORKVILLE ‐ NORTH CENTRAL ELEVATED TANK REHABILITATION TOTAL BALANCING DEDUCTS Item No. Description Contract Quantity Unit Unit Price Contract Value Actual Completed Quantity Total Completed and Stored To Date Change to Contract Price 7 Weld Repair - Corrosion Pits 100 SQ IN $ 100.00 $ 10,000.00 $0.00 $ 10,000.00 8 Pit Filling, Applied 5 GAL $ 2,000.00 $ 10,000.00 1.00 $2000.00 $ 8,000.00 9 Waste Disposal 125 TON $ 10.00 $ 1,250.00 55.92 $559.20 $ 690.80 10 Hazardous Waste Disposal 50 TON $ 10.00 $ 500.00 $0.00 $ 500.00 15 Furnish and Install Flanged Exhaust Hatch 1 LS $ 100.00 $ 100.00 $0.00 $ 100.00 18 Roof Pod Removal 1 LS $ 10,604.00 $ 10,604.00 $0.00 $ 10,604.00 20 Remove and Replace Expansion Joint 1 LS $ 10,400.00 $ 10,400.00 $0.00 $ 10,400.00 22 Items Ordered by the Engineer 1 LS $ 10,000.00 $ 10,000.00 $0.00 $ 10,000.00 Well Starter backup controls wiring repair $ 345.00 $ 345.00 SUB-TOTAL DEDUCTS $ 52,854.00 $ 2,559.20 $ 50,639.80 TOTAL ADDED C.O. #3 New Logo and Bands Design 1 LS $ 11,000.00 $ 11,000.00 1 $11000.00 $ 11,000.00 SUB-TOTAL CREDITS $ 11,000.00 $11000.00 $ 11,000.00 FINAL BALANCING CHANGE ORDER AMOUNT GRAND TOTAL ($ 39,639.80) Approval of the change will allow for the final closeout of this project. We are recommending approval of the change order. Action Required: Consideration of approval of Change Order No. 3 – Final Balancing. CHANGE ORDER Order No. 3 – Final Balancing Date: January 9, 2024 Agreement Date: February 24, 2022 NAME OF PROJECT: North Central Tank Rehabilitation OWNER: United City of Yorkville CONTRACTOR: Jetco, Ltd. The following changes are hereby made to the CONTRACT DOCUMENTS: Change of CONTRACT PRICE: Original CONTRACT PRICE: $630,750.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $654,570.00 The CONTRACT PRICE due to this CHANGE ORDER will be decreased by: $39,639.80 The new CONTRACT PRICE including this CHANGE ORDER will be: $614,930.20 Change to CONTRACT TIME: The date for completion of all work will be Justification All items are based on final field quantities. Additions: The design for the logo was updated, increasing the cost by $11,000. The cost increase is the result of the additional cost of paint and labor involved for the more detailed design. Deductions: Balancing Authorization to bring the contract value to final quantities. • Item 7 – Weld Repair, Corrosion Pits – not required due to the absence of corrosion pits requiring repairs. • Item 8 – Pit Filling, Applied – quantity reduction to actual value due to minimal required repairs. • Item 9 - Waste Disposal - quantity reduction to actual value. • Item 10 – Hazardous Waste Disposal – not required. • Item 15 – Furnish and Install Flanged Exhaust Hatch – not required. • Item 18 – Roof Pod Removal – not required, completed by T-Mobile. • Item 20 – Remove and Replace Expansion Joint – not required, previously upgraded. • Item 22 – Items Ordered by Engineer – not required. • Well starter backup controls wiring repair Total deductions from the contract amount to $50,639.80. Approvals Required Requested by: United City of Yorkville Recommended by: Engineering Enterprises, Inc. Accepted by: Jetco. Ltd. 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #1 Tracking Number CC 2024-04 Sale of Kendall Marketplace 8 Acres City Council – January 23, 2024 CC – 1/9/24 A discussion took place at the 1/9/24 City Council meeting. CC 2024-04 Supermajority (6 out of 9) Approval Bart Olson Administration Name Department Summary Review of updates to the purchase agreement for the 8 acres at Kendall Marketplace. Background This item was last discussed by the City Council at the January 9th meeting. At that meeting, the City Council gave the staff feedback on the Kendall Marketplace 8-acre purchase agreement. Since that meeting, we have the following updates: 1) The purchaser has agreed to reduce the fee lock from 6 years to 5 years. 2) The purchaser has agreed to make B-3 permitted use restrictions part of the zoning approval. Preliminarily, staff has proposed a list of prohibited businesses to the purchaser, with some early feedback from the purchaser that he doesn’t have any immediate objections to the following: a. Pawnshops b. Funeral home, mortuary, crematorium c. Tattoo and body piercing establishment d. Automobile repair e. Heavy machinery and equipment rental f. Recreational vehicle sales and service g. Fire station h. Police station (per the 2007 settlement agreement) 3) The purchaser has been given feedback on Alderman Funkhouser’s request that the Northland-facing lots be deeper than currently drawn. No commitment has been made at this time. 4) The purchaser has received feedback from the City on the baseball field and park-related parking issues. While he is open to allowing public use of the commercial parking lot to the extent that the parking lot is not being used by the businesses, he is hesitant to guarantee public parking use in perpetuity and without some reasonable limitation. We have drafted language in Section 6 that states “a covenant permitting use of the area of the Subject Property designated for parking for activities in the adjoining park area so long as such use does not interfere with the hours of operation of any business located at the Subject Property.” Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 18, 2024 Subject: Kendall Marketplace 8 acres – purchase agreement update 5) Attorney Orr opined that return of earnest money under certain circumstances is a common clause in commercial real estate contracts. 6) The age-restricted deed clause is implemented pursuant to federal housing law limitations as follows: a. The purchase agreement contains age-restricted requirements in Paragraph 8D: “That the residential proposed lots in the attached Exhibit “C” will be governed by Covenants and a Planned Unit Development Agreement limited to a 55 year and older active adult community.” b. Under federal housing laws, those subdivision covenants will contain language similar to the following language seen in the Heartland Meadows development: “AGE RESTRICTION: HEARTLAND MEADOWS AN ACTIVE ADULT COMMUNITY ASSOCIATION NFP is intended to provide housing primarily for persons 55 years of age or older, subject to the rights reserved to Declarant in Section 12.1 and Federal Law set out in Article 1, Section 1/.24(d) of these Covenants. The Properties shall be operated as an ACTIVE ADULT “Age Exclusive Community” in compliance with all applicable state and federal laws. No person under 19 years of age, that is not a spouse or significant other of the primary qualified age occupant of the Dwelling Unit, shall stay overnight in any Dwelling Unit for more than ninety (90) days cumulative in any calendar year. Subject to Section 12.1, each Dwelling Unit, if occupied, shall be occupied by at least one (1) individual 55 years of age or older; provided, however, that once a Dwelling Unit is occupied by an Age-Qualified Occupant, other Qualified Residents of that Dwelling Unit may continue to occupy the Dwelling Unit, regardless of the termination of the Age-Qualified Occupant’s occupancy.” c. Enforcement of the age-restricted rules could be done by any other property owner in the subdivision, or interested party. Recommendation This is an informational memo. The original staff recommendation for approval of the purchase agreement remains. The agreement has been updated since the January 9th meeting to take into account the 5 year fee lock and the mutual agreement to review permitted uses on the property as part of the zoning approval. Initials _________/___________ 1 Dated: December 8, 2023 STATE OF ILLINOIS ) ) COUNTY OF KENDALL ) COMMERCIAL PURCHASE AND SALE AGREEMENT THIS COMMERCIAL PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into this ______ day of _________________ , 2023 (the "Effective Date"), which shall be the date the last party executes this Agreement), by and between THE UNITED CITY OF YORKVILLE, ("SELLER") and HEARTLAND MEADOWS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY or Its Assignee to an Authorized Legal Entity to be created by PURCHASER ("PURCHASER"). SELLER and PURCHASER are sometimes collectively referred to as the "Parties." RECITALS: A. SELLER is the owner of certain real property located in the United City of Yorkville, Sections 17 and 20 of Bristol Township ( "Township"), Kendall County, Illinois, as depicted in the attached legal description as Exhibit "A" approximately Eight Point Three (8.3)gross surveyed acres more or less of real property and identified as PIN:_02-20-351-006 as more accurately described in the legal description to be provided by survey and to be attached hereto as Exhibit "B" upon Agreement of SELLER'S and PURCHASER'S Counsel. The parcel of Real Property being sold herein is referred to as the "Subject Parcel" SELLER has agreed to sell that portion of the Subject Parcel exclusive of the trail along the southern border of the Subject Parcel, the remaining portion of the Subject Parcel hereinafter referred to as the “Subject Property” as depicted in the attached Heartland Meadows West Conceptual Site Plas as set out in the attached Exhibit "C" incorporated herein by reference to PURCHASER for the sum of Four Hundred Five Thousand Dollars ($405,000.00) the “Purchase Price”. THEREFORE, in consideration of the mutual covenants and the undertakings described in this Agreement, and other good and valuable consideration, the receipt and adequacy thereof being expressly acknowledged, the Parties agree as follows: 1.Agreement to Sell. SELLER agrees to sell, transfer and convey the Subject Property as set forth in paragraphs A and B above in exchange for the Purchase Price at Closing is set forth in paragraphs A and B above hereof and shall be paid at the Closing in wired funds. Initials _________/___________ 2 2. Earnest Money Deposit. On or prior to the seventh (7th) business day after the Effective Date, PURCHASER shall make a deposit in the form of Cashier's check from PURCHASER, in the amount of Twenty Five Thousand Dollars ($25,000.00) ("Earnest Money Deposit") to Chicago Title Company, Yorkville, Illinois office ("Title Insurer"), which shall be held in Strict Joint Order ("SJO") escrow by the Title Insurer. Upon expiration of the Platting/Entitlement Period (defined in Section 8 ), provided PURCHASER has not terminated this Agreement as permitted herein, and Seller has not otherwise defaulted and failed to cure its default, the Earnest Money Deposit shall become non-refundable and applicable as a credit against the Purchase Price. 3. (a) Due Diligence Materials. Within Fourteen (14) Business days from the Effective Date, SELLER shall, at SELLER's expense, provide PURCHASER a copy of all documents relating to the Subject Property that are in the possession of SELLER, its agents, attorney and consultants including, but not limited to, any reports, investigations, studies, plans or documents pertaining to the Subject Property in SELLER's possession (the "Due Diligence Period"). (b) Site Access. PURCHASER shall be granted reasonable access to the Subject Property during the term of the Agreement to obtain soil tests, engineering studies, environmental (hazardous waste) study, and archeological study. Copies of all reports shall be provided to SELLER within Thirty (30) business days of receipt by PURCHASER of each report. Prior to entry of PURCHASER or its agents, employees, or subcontractors on the Subject Property, PURCHASER shall provide SELLER or SELLER's Attorney a Certificate of Insurance for at least One Million Dollar ($1,000,000.00) Liability Insurance naming SELLER as a party insured for Liability purposes in regard to any onsite testing or investigations. 4. Evidence of Title. Within Fourteen (14) Business days from the Effective Date, SELLER shall deliver to PURCHASER a commitment for a Chicago Title ALTA Owner's Title Insurance Policy ( "Commitment"), issued by the Title Insurer in an amount equal to the Purchase Price, naming PURCHASER as the proposed insured and identifying the condition of title to the Subject Property, together with legible copies of all the instruments and documents referenced in the Commitment and all Schedule B documents and including but not limited to all easements which are appurtenant to or burden the Subject Property. 5. Survey. SELLER shall provide PURCHASER with a Current ALTA Extended Coverage Survey within 30 business days of SELER'S written acceptance of this Agreement. The ALTA Survey to be made in accordance and in compliance with the most current ALTA/ ASCM Urban Land Survey Standards and containing Table A Option Numbers 1, 2, 3, 4, 6, 7(a), 7(b), 7(c), 8, 9, 10, 11, 11(a), 11(b), 13, 14, 15 and 16 ("New Survey"). The New Survey shall be sufficient to cause the Title Company to delete the standard printed survey exception and to issue an owner's title policy free from any survey objections other than the Permitted Exceptions. The certification on the Survey shall run to the benefit of the PURCHASER, Title Company, PURCHASER's Lender and SELLER. 6. Permitted Exceptions. PURCHASER shall have twenty-one days (21) from receipt of the ALTA Survey and the Commitment, including all Schedule B documents referenced Initials _________/___________ 3 therein ("Title Review Period") to review the Survey, the Commitment and all instruments and documents referenced in the Commitment. Permitted Exceptions shall include a limitation on the permitted commercial uses of any portion of the Subject Property as mutually agreed by the Seller and Purchaser and a covenant permitting use of the area of the Subject Property designated for parking for activities in the adjoining park area so long as such use does not interfere with the hours of operation of any business located at the Subject Property. Prior to expiration of the Title Review Period, PURCHASER or PURCHASER's attorney may deliver to SELLER a written objection as to item(s) identified (or which the Title Insurer or surveyor failed to identify) in the Commitment ("PURCHASER's Objection Letter "), SELLER shall have five (5) days from its receipt of PURCHASER's Objection Letter to notify PURCHASER by written notice ( "SELLER Objection Response ") as to whether or not SELLER has elected either (i) to cure any title defects or unpermitted exceptions identified in PURCHASER's Title Notice, or (ii) to cause the Title Insurer to insure the title defects or unpermitted exceptions identified in PURCHASER's Objection Letter in a manner satisfactory to PURCHASER. Any items not raised in PURCHASER's Objection Letter shall be deemed "Permitted Exceptions." If Seller elects , not to cure any matter objected to in the PURCHASER's Objection Letter , then PURCHASER shall have five (5) business days thereafter to notify SELLER by written notice (an "PURCHASER's Title Waiver Notice") as to whether PURCHASER has elected either (i) to waive its objection or objections to the matter or matters not being cured by SELLER, without reduction of the Purchase Price, or (ii) to terminate this Agreement, in which event the Initial Deposit (which has not yet been applied as no closing shall have occurred) shall be promptly returned to PURCHASER. If PURCHASER fails to deliver PURCHASER's Title Waiver Notice, such failure shall be deemed a waiver of such objections and such exceptions shall become Permitted Exceptions. 7. Feasibility Period PURCHASER may terminate this Agreement without fault if it is unable to obtain Zoning, Preliminary Platting approval, and Final Plat Approval within the Platting/Entitlement Period granted herein under Paragraph 3-8 of this Agreement. In the event PURCHASER is able to obtain Zoning and Final Plat Approval granting Entitlements by the United City of Yorkville in order to allow development of the Subject Property in substantial conformity with the Conceptual Site Plan of PURCHASER, incorporated herein as Exhibit "C" as requested for the Subject Property, PURCHASER shall be irrevocably required to purchase the Subject Property. PURCHASER shall use its best efforts to seek approval of its entitlement requests with the United City of Yorkville. Commencing on the Effective Date through the date five (5) months after the Effective Date ("Feasibility Period") the PURCHASER shall be entitled to satisfy itself in its sole discretion, that the Property may be used for PURCHASER's intended purpose, including without limitation, PURCHASER's right to reasonable access to the Property for the purpose of inspecting the physical condition of the Property and obtaining all required third party zoning, Preliminary and Final Platting approval and governmental permits and approvals from any applicable governmental body including but not limited to the United City of Yorkville, Yorkville School District, County of Kendall Stormwater Department, Bristol-Kendall Fire Department, and Illinois EPA. 8. Platting/Entitlement Period. PURCHASER shall file a Petition for Zoning & Site Plan Approval of Preliminary Engineering and a Preliminary Plat, solely at PURCHASER's expense, within thirty (30) days after the expiration of the FeasibilityPeriod, then PURCHASER shall thereafter have one hundred eighty (180) days (the “Platting/Entitlement Period”) to obtain approval of Zoning, Final Engineering and a Final Plat of Subdivision from the United City of Yorkville for development of the Subject Property with the following conditions: Initials _________/___________ 4 A. That the Site Plan shall permit the development of up to 4 separate lots for commercial purposes as set out in the attached Exhibit “C”. The individual parking lots to be maintained by the Association of the 4 lots in proportion to the parking area within the lot lines of each individual, or combined lot. To conform to that request, PURCHASER shall create a Business Owner’s Association in conjunction with Final Plat Approval providing for Cross Access Easements to each of the commercial areas; and cross parking agreements for the benefit of the 4 commercial lots. B. That the Zoning Class attributable to the commercial area shall be in substantial conformity with the United City of Yorkville B-3 Zoning District in order to permit building of office buildings, restaurants, or any other permitted or Special Use within the B-3 Zoning Classification or the less intense zoning classifications under the United City of Yorkville Unified Development Ordinance for B-1 and B-2 purposes. The parties hereto acknowledge that the original Subdivision was planned and engineered for development with substantially the same lot coverage proposed in Exhibit “C” and that no additional detention or retention requirements other than connecting to current out lot storm ponds and current storm sewer installation to which the United City of Yorkville can grant access to Purchaser shall be required for development of the commercial or residential proposed on Exhibit “C” hereto. C. The parties agree that the City shall lock current existing City water and sanitary sewer connection tap on fees as are in effect as of December 1, 2023 for five (5) six (6) years following the date of City Council approval of the final plat of the Subject Property as outlined in Exhibit “C”. D. That the residential proposed lots in the attached Exhibit “C” will be governed by Covenants and a Planned Unit Development Agreement limited to a 55 year and older active adult community. The lot sizes will conform at least to the minimum lot size and setback requirements that PURCHASER has used in a related Development that has been partially built out in the United City of Yorkville and known as Heartland Meadows. PURCHASER may terminate this Agreement if it is unable to obtain Zoning Approvals within the Platting/Entitlement Period, by providing SELLER with written notice of termination on or before the expiration of the Platting/Entitlement Period, in which event the Earnest Money shall be released to PURCHASER and the parties shall have no further rights or obligations under this Agreement, with the exception of any surviving obligations of either party hereunder this Agreement, including but not limited to PURCHASER’s restoration and indemnity obligations, which shall survive. If PURCHASER does not provide SELLER with written notice of termination on or before the expiration of the Feasibility Period. If PURCHASER is satisfied with the Subject Property, it will deliver its Notice of Suitability ("NOS") prior to the expiration of the Feasibility Period. Initials _________/___________ 5 PURCHASER will also have the Platting Entitlement Period to commence and pursue all approvals from the United City of Yorkville and any other applicable authorities which are necessary to construct PURCHASER's intended improvements. PURCHASER's obligation to purchase the land is contingent upon receiving Final Site Plan/Final Plat approval from the United City of Yorkville along with zoning approvals including, without limitation, rezoning and/or re-platting of the Subject Property (if necessary), site plan approvals, fee verification, public financing assistance including, without limitation, department of transportation approvals, and applicable wetland/floodplain authority approvals. In the event that PURCHASER does not proceed with the purchase of either parcel, PURCHASER shall tender to SELLER at no cost all surveys, topography, environmental studies, drawings, evaluations of any kind and government agency reports of any kind obtained by PURCHASER during the Feasibility Period or platting entitlement period other than proprietary financial information at no cost. Closing to occur within ninety (90) days after receipt of the final site plan approval, Final Engineering and Final Plat approval. 9. Conditions to Closing. Without limiting any of the other conditions to the Closing, the obligations of PURCHASER at closing under this Agreement is subject to the satisfaction of the following conditions ("Closing Conditions") as of the Closing Date any of which may be waived by PURCHASER: A. All of the representations and warranties made by SELLER set forth in this Agreement shall be true and correct in all material respects when made. SELLER shall recertify its representations and warranties as of each Closing Date. B. SELLER shall have performed, observed and complied in all material respects with all covenants and agreements required by this Agreement to be performed by SELLER at or prior to such Closing including, without limitation, delivery of all of documents required to be delivered at Closing by SELLER. 10. Closing Deliveries. At Closing the Parties shall execute the following documents and take the following actions: A. Payment of Purchase Price. PURCHASER shall pay to SELLER the Purchase Price for the Subject Property plus or minus applicable adjustments and prorations under this Agreement. B. Warranty Deed. SELLER shall deliver to PURCHASER a fully executed and recordable warranty deed for the Property to be purchased at Closing, conveying title to the Subject Property, subject only to the Permitted Exceptions including items set forth in Paragraph 6, the applicable City Zoning Ordinance and encumbrances that have accrued due to the acts or omissions of PURCHASER. The warranty deed shall be accompanied by an Illinois real estate transfer tax valuation affidavit ("PTAX-203"), as the purchase price is not to be reflected on the warranty deed. SELLER shall be responsible for preparation of the PTAX-203, the accuracy of all information contained therein and any supplements thereto that may be required. SELLER shall indemnify, defend and hold harmless PURCHASER from and against any and all claims, liabilities, losses, causes of action, damages, costs or expenses including court costs and reasonable attorney fees incurred by PURCHASER as Initials _________/___________ 6 a result of any failure to pay or accurately report Illinois real estate transfer taxes due as a result of PURCHASER's purchase of the Subject Property. The Parties acknowledge that No Revenue Stamps shall be required to be obtained or paid for by either Party since a sale from a Governmental Entity is Exempt under Illinois Compiled Statutes 200/31-45(b). C. Non-Foreign Person Affidavit. SELLER shall furnish to PURCHASER with an affidavit stating that SELLER is not a "foreign person" within the meaning of IRC Section 1445(f) (3), as amended. D. Closing Statement. SELLER and PURCHASER shall execute a closing statement showing the Purchase Price for the real property being acquired at Closing together with all prorations, adjustments and credits, if any, as required under this Agreement. SELLER shall pay for the Owner's Policy. PURCHASER shall pay for recording of the deed and mortgage and the costs of any title endorsements requested by PURCHASER, including any lender's title policy. Title Company closing fees, including any escrow fee, shall be split evenly between the Parties. There is no municipal transfer tax to be paid at a Closing. E. Title Insurance Policy. SELLER shall order and pay for, and Chicago Title Insurance Company shall be prepared to issue, an owner's policy of title insurance subject only to the Permitted Exceptions in an amount equal to the Purchase Price (with extended coverage) with respect to the applicable Property to be purchased at Closing and provide to the Title Company such documents that may reasonably be requested by the Title Company to satisfy any of the Schedule B requirements applicable to SELLER. PURCHASER shall be responsible to pay the cost of any title company endorsements excluding extended coverage that PURCHASER requests or requires; or that are required by PURCHASER's Lender, if any. F. Affidavit of Title. The SELLER shall execute a standard "Affidavit of Title." G. certificate stating that no financing statements executed by or on behalf of Seller have been filed against the Premises since the date of the most recent UCC searches delivered by Seller to Buyer hereunder; H. evidence of any notices, reports or registrations received from or delivered to the Illinois State Fire Marshall under any regulations for Underground Storage Tanks and/or any other federal, state or local health and safety regulations; I. Further Assurances. The parties shall execute such additional documents and instruments and take such further actions as may be reasonably requested by either party or necessary to complete the purchase and sale of the real property at each Takedown in accordance with this Agreement. 11. Real Estate Tax Prorations . Real Estate taxes shall be prorated at 105% of the last year's tax bill if any. 12. Possession. At closing, SELLER shall deliver to PURCHASER exclusive physical possession of the real property that is acquired by PURCHASER, free and clear of any rights or claims of possession by SELLER or any third party. Initials _________/___________ 7 13. Permits, Fees; Plans and Elevations: PURCHASER shall pay any zoning application fees, studies, or engineering drawings with regard to the development Property. PURCHASER shall hold SELLER harmless form payment for any fees or costs for entitlement and permitting matters with respect to the Subject Property which result from or are based on any such zoning or entitlement requests by or approvals obtained by Purchaser. SELLER hereby consents to the right of PURCHASER to file for any necessary Zoning/Platting/Review Requirements as a Contract Purchaser once SELLER executes its acceptance of this Contract in writing. 14. SELLER’s Representations, Warranties and Covenants. SELLER represents, warrants and covenants to PURCHASER the following: A. Power and Capacity. SELLER has the full power, capacity and legal right to execute and deliver this Agreement and sell the Subject Property to PURCHASER pursuant to the terms of this Agreement. The execution, delivery and performance of this Agreement and the obligations undertaken by SELLER under this Agreement have been duly authorized by all necessary action, and this Agreement has been executed by a duly authorized representative of SELLER and constitutes a valid and binding obligation of SELLER, enforceable in accordance with its terms. At all times during the term of this Agreement, SELLER shall not transfer any portion of the Subject Property or grant or permit any easements, liens, mortgages encumbrances or other interests with respect to the Real property without PURCHASER's prior written consent. B. Contractual Obligations. The execution and delivery of this Agreement, and the performance by SELLER of any and all transactions contemplated by this Agreement, will not breach any contractual covenant or restriction between SELLER and any third- party affecting the real property. C. Condemnation Proceedings: Special Assessments. SELLER has neither received written notice nor has actual knowledge of any condemnation or eminent domain proceeding regarding any of the Subject Property and has not entered into any negotiations for the disposition of any of the Subject Property in lieu of the commencement of condemnation or eminent domain proceedings and, to SELLER's actual knowledge, without duty of inquiry, there are no proceedings pending before any governmental agency to impose a special assessment or other public authority charge against all or any of the Real property. D. Litigation. There is no pending or, to the best of SELLER's actual knowledge, threatened litigation, administrative action or examination, claim or demand relating to the Real property, or any pending or threatened exercise of the power of eminent domain, condemnation proceeding or other, governmental taking with respect to all or any part of the real property. No notice of default under laws, ordinances, rules and regulations of any governmental authority having jurisdiction over the real property, or any like agreement, has been issued or threatened to SELLER. E. Condition of the Property. PURCHASER acknowledges that the Subject Property is being purchased in an "AS IS" condition and SELLER is not making any representation as to the condition of the Property; except as previously stated herein. Initials _________/___________ 8 F. Existing Due Diligence Materials. The Existing Due Diligence Materials are all of the surveys, plats, agreements, declarations, ordinances, soil reports, notices, environmental studies or other report prepared for SELLER that SELLER has in its possession or control. To the best of SELLER's knowledge, the Existing Due Diligence Materials are copies of the original documents in the SELLER's possession. G. Environmental. To the best of SELLER's knowledge, no hazardous substances are located on or have been stored, generated, used, processed or disposed of on or released or discharged from (including ground water contamination) the Real property or the Subject Property, and no above ground or underground storage tanks exist on or have been removed from, the Subject Property. Anything in this Agreement to the contrary notwithstanding, it is expressly understood and agreed that PURCHASER does not assume or agree to be responsible for, and SELLER hereby agrees to defend, indemnify and hold PURCHASER harmless from and against any and all claims, obligations and liabilities and all costs, expenses and attorney's fees incurred based upon or arising out of any obligation, liability, loss, damage or expense, of whatever kind or nature, contingent or otherwise, known or unknown, incurred under, or imposed by, any environmental laws with respect to a Subject Property prior to the Closing and the Subject Property. SELLER's obligation to indemnify PURCHASER with respect to environmental matters shall expressly survive termination of this Agreement in accordance with Section 24 of this Agreement. H. The Subject Property is currently tax exempt and no action has occurred to alter the tax exempt status. I. To the best of SELLER's knowledge and SELLER has received no Notices Ordinances or other notifications of any obligations in connection with the Subject Property or any so-called "recapture agreement" involving refund for sewer extension, over sizing utility lines, lighting, roadway or like expense or charge for work or services done upon or relating to the Subject Property which will bind PURCHASER or the Premises from and after the Closing Date. J. All United City of Yorkville Service Contracts, management contracts, and leases with respect to the Property shall be terminated at or prior to closing. 15. PURCHASER's Representations, Warranties and Covenants. PURCHASER represents, warrants and covenants to SELLER as follows: A. Due Organization. PURCHASER is a legal entity duly organized and in good standing under the laws of the State of Illinois. B. Power and Capacity. PURCHASER has the full power, capacity, authority and legal right to execute and deliver this Agreement and to perform its obligations under this Agreement. C. Due Authorization. This Agreement has been duly authorized, executed and delivered by PURCHASER and constitutes the legal, valid and binding obligation of Initials _________/___________ 9 PURCHASER, enforceable in accordance with its terms. Prior to Closing, any and all documents required by this Agreement to be executed and delivered by PURCHASER shall have been duly authorized, executed and delivered by PURCHASER, and all such documents shall contain legal, valid and binding obligations of PURCHASER enforceable in accordance with their terms. 16. Signage. Signage mutually acceptable to SELLER and PURCHASER may be erected at PURCHASER's expense on the Subject Property. SELLER agrees to allow signage to be installed at the close of Feasibility Period provided that any such signage shall be in conformity with any applicable United City of Yorkville Unified Development Ordinance. 17. Real Estate Commission. The Parties hereto acknowledge that NO Real Estate Brokerage Commission or Property Manager payment is due to any Third Party that arises out of this transaction. 18. Condemnation. In the event that notice of any action, suit or proceeding shall be given for the purpose of condemning all or any portion of the Subject Property prior to the date such real property has been conveyed to PURCHASER, then PURCHASER's rights and obligations under this Agreement with respect to such real property shall terminate, and the proceeds resulting from the condemnation shall be paid to SELLER. 19. Default. A. PURCHASER Default. If PURCHASER fails to purchase the Subject Property according to the terms of this Agreement, the SELLER shall provide PURCHASER written notice of said default ("SELLER Default Notice"). PURCHASER shall have thirty (30) days from its receipt of the SELLER Default Notice ("Cure Period") to cure or to substantially commence a cure of the default(s) identified in the SELLER Default Notice. SELLER shall have the right to terminate this Agreement if PURCHASER fails to cure or substantially commence a cure of the default identified in the SELLER Default Notice during the Cure Period. In the event of the termination of this Agreement, SELLER shall retain the any earnest money being held by Title Insurer at the time of such respective default by PURCHASER. Retention of the earnest money shall be deemed liquidated damages as SELLER'S sole and exclusive remedy that Parties agree that the damages suffered by SELLER would be speculative and difficult to ascertain and not a penalty, and the Parties shall have no further rights or obligations under this Agreement, with the exception of obligations which expressly survive termination. B. SELLER Default. If SELLER defaults in the performance of its obligations under this Agreement, and such default is not cured or SELLER has not substantially commenced a cure within thirty (30) days from SELLER's receipt of written notice from PURCHASER, PURCHASER may at Its discretion either (i) terminate this Agreement by written notice to SELLER, in which event the Earnest Money shall be returned to PURCHASER; or commence an action under Illinois law to specifically enforce this Agreement Thereafter neither party shall have any further claims or obligations hereunder, except such obligations as are herein expressly made to survive such termination; or (ii) seek specific performance of this Agreement. 20. No Joint Venture. (a) Neither Party is the agent, partner or joint venture partner of the other; neither Party has any obligation to the other except as specified in this Agreement. Initials _________/___________ 10 21. Non-Waiver. The failure of either Party to complain of any act or omission on the part of the other Party, no matter how long it may continue, shall not be deemed to be a waiver by any Party to any of its rights hereunder except as expressly provided for in this Agreement. 22. Third Party Rights. No Party other than SELLER and PURCHASER and their successors and assigns, shall have any right to enforce or rely upon this Agreement, which is binding upon and made solely for the benefit of SELLER and PURCHASER, and their respective successors or assigns, and not for the benefit of any other Party. 23. Survival. The representations, warranties and covenants contained in this Agreement shall survive a Takedown with respect to such Property acquired in each respective Takedown for a twelve (12) month period thereafter and shall not merge upon the delivery of the warranty deed for the Property. 24. Time. TIME IS OF THE ESSENCE OF ANY AND ALL UNDERTAKINGS AND AGREEMENTS OF THE PARTIES HERETO. 25. Notices. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the addresses set forth below. Any such notices shall be either (i) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such courier, (ii) sent by email, in which case notice shall be deemed delivered upon transmission of such notice, or (iii) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until two (2) Business Days following actual receipt of such notice. The Parties agree that the attorney for each respective party has the authority to send and receive notices on behalf of such party. If To SELLER: United City of Yorkville Attn: 651 Prairie Pointe Drive Yorkville, IL 60560 Telephone: 630-553-4350 E-mail: With a copy to: Attorney Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard, Suite 350 Naperville, Illinois 60563 0:312-382-2113, C: 708-267-6244 kfo@ottosenlaw.com If To PURCHASER: Heartland Meadows, LLC, An Illinois Limited Liability Company 608 E. Veterans Parkway Yorkville, Illinois 60560 Telephone: 630-553-3322 Email No: gjmarker@markerinc.com Initials _________/___________ 11 With a copy to: Daniel Kramer The Law Office of Dan Kramer 1107A South Bridge Street Yorkville, IL. 60560 Telephone: 630-553-9500 Email: dkramer@dankramerlaw.com Any party to this Agreement may at any time change the address for notices to that party by giving notice in this manner. 26. Days. Whenever this Agreement requires that something be done within a specified period of days, that period shall (i) not include the day from which the period commences, (ii) include the day upon which the period expires, (iii) expire at 6:00 p.m., local time in the jurisdiction in the where the Property is located on the day upon which the period expires, and (iv) unless otherwise specified in this Agreement, be construed to mean calendar days; provided, that if the final day of the period falls on a Saturday, Sunday or legal holidays, which shall include but not be limited to December 24, 25 and January 1, the period shall extend to the first business day thereafter. As used in this Agreement, "business day" means each day of the year other than Saturdays, Sundays, legal holidays and days on which national banks in the location where the Subject Property is located are generally authorized or obligated by law to close. 27. Severability. If one (1) or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained within the body of this Agreement. 28. Entire Agreement. This Agreement embodies the entire understanding between the Parties with respect to the transaction contemplated herein and all prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded by and merged into this Agreement. Neither this Agreement nor any of its provisions may be waived, modified or amended except by an instrument in writing signed by the party against which enforcement is sought, and then only to the extent set forth in that instrument. 29. Governing Law. This Agreement shall be governed by and construed in accordance with the provisions of the laws of the State of Illinois. Kendall County shall be the agreed venue for any action with respect to the subject matter hereof. 30. Captions; Agreement Preparation. Captions to paragraphs and sections of this Agreement have been included solely for the sake of convenient reference and are entirely without substantive effect. Each of the Parties has joined in and contributed to drafting this Agreement, and the Parties agree that there shall be no presumption favoring or burdening any one or more Parties based upon draftsmanship. 31. Successors and Assigns. Either party shall be entitled to assign its rights or obligations under this Agreement without the consent of the other party so long as such assignment is to entity which is controlled or is a parent entity exercising control over such party. Any other Initials _________/___________ 12 assignment shall require the consent of the other party, which consent shall not be unreasonably withheld. Subject to the foregoing, this Agreement shall be binding upon, and its benefits shall inure to, the Parties hereto and their respective heirs, personal representatives, successors and assigns. 32. Counterparts; Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement. The signature of any party to any counterpart shall be deemed to be a signature to, and may be appended to, any other counterpart. For purposes of this Agreement, a facsimile signature or electronic copy of a signature shall be deemed the same as an original. 33. Confidentiality. Except to the extent that either party needs to disclose financial terms of this agreement to professionals bound by privileged to their respective client or a Lender, the parties shall keep all financial and closing terms of this Agreement confidential between they and their retained experts. 34. Illinois Bulk Sales. SELLER warrants to PURCHASER that it has no obligation to comply with the Illinois Bulk Sale Act in that the subject Real Estate Sale does not comprise a significant portion of the SELLER's real property; or result in a transfer of SELLER's Business. 35. Time. SELLER and PURCHASER agree that time is of the essence and that failure of either party to strictly comply with the time limitations contained herein shall be considered as a default unless provided otherwise herein or unless expressly waived in writing by agreement of the non-defaulting party. 36. Counterpart/PDF Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. Further this Agreement may be executed by PDF attached to email transmission and such PDF signatures shall be valid and binding for all purposes when transmitted to the other party. Notwithstanding the foregoing, each party signing by PDF agrees to provide the other with an original signature hereon within two (2) business days of its execution of this Agreement. Initials _________/___________ 13 Signature Page Follows Initials _________/___________ 14 THIS AGREEMENT has been executed by the SELLER hereto on the date set forth below. "SELLER" United City of Yorkville By: Mayor Attest:________________________ City Clerk Dated: Initials _________/___________ 15 THIS AGREEMENT has been executed by the PURCHASER hereto on the date set forth below. "PURCHASER" HEARTLAND MEADOWS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY By: ____________________________ Its: _________Manager____________ Dated: _________________________ Initials _________/___________ 16 Initials _________/___________ 17 Exhibit "A" Legal Description Lot 22 in Kendall Marketplace, being a Subdivision of part of the Southeast Quarter of Section 19, the South Half of Section 20, and the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, in the United City of Yorkville, Kendall County, Illinois. PIN: Part of 02-20-351-002 Address: Part of the land located at the Northwest Corner of Route 34 and Cannonball Drive, Yorkville, Illinois. Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS DECLARING CERTAIN PROPERTY AS SURPLUS PROPERTY AND AUTHORZING ITS SALE WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State of Illinois; and, WHEREAS, the City owns the vacant property located at Sections 17 and 20 of Bristol Township, Illinois, identified by Permanent Index Number 02-20-351-006 (the “Property”), which the City acquired in 2007; and, WHEREAS, the City has the power to authorize the sale of surplus real estate pursuant to 11-76-4.1 of the Illinois Municipal Code (65 ILCS 5/11-76-4.1); and, WHEREAS, the Mayor and City Council have determined that the City no longer needs to retain ownership of the Property and that the Property is surplus to the City’s needs and therefore has directed the City Administrator to review the offer to purchase the Property as set forth in the Commercial Purchase and Sale Agreement from Heartland Meadows, LLC, a copy of which is attached hereto (the “Agreement”); and WHEREAS, the City Administrator has reviewed the Agreement and hereby recommends its approval as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The above recitals are incorporated herein as if fully restated in this Section 1. Section 2. That the Mayor and City Council hereby declare the property as surplus property pursuant to Section 11-76-4.1 of the Illinois Municipal Code. Section 3. That the Mayor and City Council have reviewed the Agreement; the proposed uses of Heartland Meadows, LLC upon its acquisition; and the recommendation of the City Administrator and hereby approve the Agreement for approximately 8.3 acres, zoned as B-2 as attached hereto. Resolution No. 2024-____ Page 1 Resolution No. 2024-____ Page 2 Section 4. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Section 5. The City Clerk is hereby directed to publish this Resolution in a newspaper of general circulation in the City as soon as possible. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Initials _________/___________ 1 Dated: December 8, 2023 STATE OF ILLINOIS ) ) COUNTY OF KENDALL ) COMMERCIAL PURCHASE AND SALE AGREEMENT THIS COMMERCIAL PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into this ______ day of _________________ , 2023 (the "Effective Date"), which shall be the date the last party executes this Agreement), by and between THE UNITED CITY OF YORKVILLE, ("SELLER") and HEARTLAND MEADOWS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY or Its Assignee to an Authorized Legal Entity to be created by PURCHASER ("PURCHASER"). SELLER and PURCHASER are sometimes collectively referred to as the "Parties." RECITALS: A. SELLER is the owner of certain real property located in the United City of Yorkville, Sections 17 and 20 of Bristol Township ( "Township"), Kendall County, Illinois, as depicted in the attached legal description as Exhibit "A" approximately Eight Point Three (8.3)gross surveyed acres more or less of real property and identified as PIN:_02-20-351-006 as more accurately described in the legal description to be provided by survey and to be attached hereto as Exhibit "B" upon Agreement of SELLER'S and PURCHASER'S Counsel. The parcel of Real Property being sold herein is referred to as the "Subject Parcel" SELLER has agreed to sell that portion of the Subject Parcel exclusive of the trail along the southern border of the Subject Parcel, the remaining portion of the Subject Parcel hereinafter referred to as the “Subject Property” as depicted in the attached Heartland Meadows West Conceptual Site Plas as set out in the attached Exhibit "C" incorporated herein by reference to PURCHASER for the sum of Four Hundred Five Thousand Dollars ($405,000.00) the “Purchase Price”. THEREFORE, in consideration of the mutual covenants and the undertakings described in this Agreement, and other good and valuable consideration, the receipt and adequacy thereof being expressly acknowledged, the Parties agree as follows: 1.Agreement to Sell. SELLER agrees to sell, transfer and convey the Subject Property as set forth in paragraphs A and B above in exchange for the Purchase Price at Closing is set forth in paragraphs A and B above hereof and shall be paid at the Closing in wired funds. Initials _________/___________ 2 2. Earnest Money Deposit. On or prior to the seventh (7th) business day after the Effective Date, PURCHASER shall make a deposit in the form of Cashier's check from PURCHASER, in the amount of Twenty Five Thousand Dollars ($25,000.00) ("Earnest Money Deposit") to Chicago Title Company, Yorkville, Illinois office ("Title Insurer"), which shall be held in Strict Joint Order ("SJO") escrow by the Title Insurer. Upon expiration of the Platting/Entitlement Period (defined in Section 8 ), provided PURCHASER has not terminated this Agreement as permitted herein, and Seller has not otherwise defaulted and failed to cure its default, the Earnest Money Deposit shall become non-refundable and applicable as a credit against the Purchase Price. 3. (a) Due Diligence Materials. Within Fourteen (14) Business days from the Effective Date, SELLER shall, at SELLER's expense, provide PURCHASER a copy of all documents relating to the Subject Property that are in the possession of SELLER, its agents, attorney and consultants including, but not limited to, any reports, investigations, studies, plans or documents pertaining to the Subject Property in SELLER's possession (the "Due Diligence Period"). (b) Site Access. PURCHASER shall be granted reasonable access to the Subject Property during the term of the Agreement to obtain soil tests, engineering studies, environmental (hazardous waste) study, and archeological study. Copies of all reports shall be provided to SELLER within Thirty (30) business days of receipt by PURCHASER of each report. Prior to entry of PURCHASER or its agents, employees, or subcontractors on the Subject Property, PURCHASER shall provide SELLER or SELLER's Attorney a Certificate of Insurance for at least One Million Dollar ($1,000,000.00) Liability Insurance naming SELLER as a party insured for Liability purposes in regard to any onsite testing or investigations. 4. Evidence of Title. Within Fourteen (14) Business days from the Effective Date, SELLER shall deliver to PURCHASER a commitment for a Chicago Title ALTA Owner's Title Insurance Policy ( "Commitment"), issued by the Title Insurer in an amount equal to the Purchase Price, naming PURCHASER as the proposed insured and identifying the condition of title to the Subject Property, together with legible copies of all the instruments and documents referenced in the Commitment and all Schedule B documents and including but not limited to all easements which are appurtenant to or burden the Subject Property. 5. Survey. SELLER shall provide PURCHASER with a Current ALTA Extended Coverage Survey within 30 business days of SELER'S written acceptance of this Agreement. The ALTA Survey to be made in accordance and in compliance with the most current ALTA/ ASCM Urban Land Survey Standards and containing Table A Option Numbers 1, 2, 3, 4, 6, 7(a), 7(b), 7(c), 8, 9, 10, 11, 11(a), 11(b), 13, 14, 15 and 16 ("New Survey"). The New Survey shall be sufficient to cause the Title Company to delete the standard printed survey exception and to issue an owner's title policy free from any survey objections other than the Permitted Exceptions. The certification on the Survey shall run to the benefit of the PURCHASER, Title Company, PURCHASER's Lender and SELLER. 6. Permitted Exceptions. PURCHASER shall have twenty-one days (21) from receipt of the ALTA Survey and the Commitment, including all Schedule B documents referenced Initials _________/___________ 3 therein ("Title Review Period") to review the Survey, the Commitment and all instruments and documents referenced in the Commitment. Permitted Exceptions shall include a limitation on the permitted commercial uses of any portion of the Subject Property as mutually agreed by the Seller and Purchaser and a covenant permitting use of the area of the Subject Property designated for parking for activities in the adjoining park area so long as such use does not interfere with the hours of operation of any business located at the Subject Property. Prior to expiration of the Title Review Period, PURCHASER or PURCHASER's attorney may deliver to SELLER a written objection as to item(s) identified (or which the Title Insurer or surveyor failed to identify) in the Commitment ("PURCHASER's Objection Letter "), SELLER shall have five (5) days from its receipt of PURCHASER's Objection Letter to notify PURCHASER by written notice ( "SELLER Objection Response ") as to whether or not SELLER has elected either (i) to cure any title defects or unpermitted exceptions identified in PURCHASER's Title Notice, or (ii) to cause the Title Insurer to insure the title defects or unpermitted exceptions identified in PURCHASER's Objection Letter in a manner satisfactory to PURCHASER. Any items not raised in PURCHASER's Objection Letter shall be deemed "Permitted Exceptions." If Seller elects , not to cure any matter objected to in the PURCHASER's Objection Letter , then PURCHASER shall have five (5) business days thereafter to notify SELLER by written notice (an "PURCHASER's Title Waiver Notice") as to whether PURCHASER has elected either (i) to waive its objection or objections to the matter or matters not being cured by SELLER, without reduction of the Purchase Price, or (ii) to terminate this Agreement, in which event the Initial Deposit (which has not yet been applied as no closing shall have occurred) shall be promptly returned to PURCHASER. If PURCHASER fails to deliver PURCHASER's Title Waiver Notice, such failure shall be deemed a waiver of such objections and such exceptions shall become Permitted Exceptions. 7. Feasibility Period PURCHASER may terminate this Agreement without fault if it is unable to obtain Zoning, Preliminary Platting approval, and Final Plat Approval within the Platting/Entitlement Period granted herein under Paragraph 3-8 of this Agreement. In the event PURCHASER is able to obtain Zoning and Final Plat Approval granting Entitlements by the United City of Yorkville in order to allow development of the Subject Property in substantial conformity with the Conceptual Site Plan of PURCHASER, incorporated herein as Exhibit "C" as requested for the Subject Property, PURCHASER shall be irrevocably required to purchase the Subject Property. PURCHASER shall use its best efforts to seek approval of its entitlement requests with the United City of Yorkville. Commencing on the Effective Date through the date five (5) months after the Effective Date ("Feasibility Period") the PURCHASER shall be entitled to satisfy itself in its sole discretion, that the Property may be used for PURCHASER's intended purpose, including without limitation, PURCHASER's right to reasonable access to the Property for the purpose of inspecting the physical condition of the Property and obtaining all required third party zoning, Preliminary and Final Platting approval and governmental permits and approvals from any applicable governmental body including but not limited to the United City of Yorkville, Yorkville School District, County of Kendall Stormwater Department, Bristol-Kendall Fire Department, and Illinois EPA. 8. Platting/Entitlement Period. PURCHASER shall file a Petition for Zoning & Site Plan Approval of Preliminary Engineering and a Preliminary Plat, solely at PURCHASER's expense, within thirty (30) days after the expiration of the FeasibilityPeriod, then PURCHASER shall thereafter have one hundred eighty (180) days (the “Platting/Entitlement Period”) to obtain approval of Zoning, Final Engineering and a Final Plat of Subdivision from the United City of Yorkville for development of the Subject Property with the following conditions: Initials _________/___________ 4 A. That the Site Plan shall permit the development of up to 4 separate lots for commercial purposes as set out in the attached Exhibit “C”. The individual parking lots to be maintained by the Association of the 4 lots in proportion to the parking area within the lot lines of each individual, or combined lot. To conform to that request, PURCHASER shall create a Business Owner’s Association in conjunction with Final Plat Approval providing for Cross Access Easements to each of the commercial areas; and cross parking agreements for the benefit of the 4 commercial lots. B. That the Zoning Class attributable to the commercial area shall be in substantial conformity with the United City of Yorkville B-3 Zoning District in order to permit building of office buildings, restaurants, or any other permitted or Special Use within the B-3 Zoning Classification or the less intense zoning classifications under the United City of Yorkville Unified Development Ordinance for B-1 and B-2 purposes. The parties hereto acknowledge that the original Subdivision was planned and engineered for development with substantially the same lot coverage proposed in Exhibit “C” and that no additional detention or retention requirements other than connecting to current out lot storm ponds and current storm sewer installation to which the United City of Yorkville can grant access to Purchaser shall be required for development of the commercial or residential proposed on Exhibit “C” hereto. C. The parties agree that the City shall lock current existing City water and sanitary sewer connection tap on fees as are in effect as of December 1, 2023 for five (5) years following the date of City Council approval of the final plat of the Subject Property as outlined in Exhibit “C”. D. That the residential proposed lots in the attached Exhibit “C” will be governed by Covenants and a Planned Unit Development Agreement limited to a 55 year and older active adult community. The lot sizes will conform at least to the minimum lot size and setback requirements that PURCHASER has used in a related Development that has been partially built out in the United City of Yorkville and known as Heartland Meadows. PURCHASER may terminate this Agreement if it is unable to obtain Zoning Approvals within the Platting/Entitlement Period, by providing SELLER with written notice of termination on or before the expiration of the Platting/Entitlement Period, in which event the Earnest Money shall be released to PURCHASER and the parties shall have no further rights or obligations under this Agreement, with the exception of any surviving obligations of either party hereunder this Agreement, including but not limited to PURCHASER’s restoration and indemnity obligations, which shall survive. If PURCHASER does not provide SELLER with written notice of termination on or before the expiration of the Feasibility Period. If PURCHASER is satisfied with the Subject Property, it will deliver its Notice of Suitability ("NOS") prior to the expiration of the Feasibility Period. Initials _________/___________ 5 PURCHASER will also have the Platting Entitlement Period to commence and pursue all approvals from the United City of Yorkville and any other applicable authorities which are necessary to construct PURCHASER's intended improvements. PURCHASER's obligation to purchase the land is contingent upon receiving Final Site Plan/Final Plat approval from the United City of Yorkville along with zoning approvals including, without limitation, rezoning and/or re-platting of the Subject Property (if necessary), site plan approvals, fee verification, public financing assistance including, without limitation, department of transportation approvals, and applicable wetland/floodplain authority approvals. In the event that PURCHASER does not proceed with the purchase of either parcel, PURCHASER shall tender to SELLER at no cost all surveys, topography, environmental studies, drawings, evaluations of any kind and government agency reports of any kind obtained by PURCHASER during the Feasibility Period or platting entitlement period other than proprietary financial information at no cost. Closing to occur within ninety (90) days after receipt of the final site plan approval, Final Engineering and Final Plat approval. 9. Conditions to Closing. Without limiting any of the other conditions to the Closing, the obligations of PURCHASER at closing under this Agreement is subject to the satisfaction of the following conditions ("Closing Conditions") as of the Closing Date any of which may be waived by PURCHASER: A. All of the representations and warranties made by SELLER set forth in this Agreement shall be true and correct in all material respects when made. SELLER shall recertify its representations and warranties as of each Closing Date. B. SELLER shall have performed, observed and complied in all material respects with all covenants and agreements required by this Agreement to be performed by SELLER at or prior to such Closing including, without limitation, delivery of all of documents required to be delivered at Closing by SELLER. 10. Closing Deliveries. At Closing the Parties shall execute the following documents and take the following actions: A. Payment of Purchase Price. PURCHASER shall pay to SELLER the Purchase Price for the Subject Property plus or minus applicable adjustments and prorations under this Agreement. B. Warranty Deed. SELLER shall deliver to PURCHASER a fully executed and recordable warranty deed for the Property to be purchased at Closing, conveying title to the Subject Property, subject only to the Permitted Exceptions including items set forth in Paragraph 6, the applicable City Zoning Ordinance and encumbrances that have accrued due to the acts or omissions of PURCHASER. The warranty deed shall be accompanied by an Illinois real estate transfer tax valuation affidavit ("PTAX-203"), as the purchase price is not to be reflected on the warranty deed. SELLER shall be responsible for preparation of the PTAX-203, the accuracy of all information contained therein and any supplements thereto that may be required. SELLER shall indemnify, defend and hold harmless PURCHASER from and against any and all claims, liabilities, losses, causes of action, damages, costs or expenses including court costs and reasonable attorney fees incurred by PURCHASER as Initials _________/___________ 6 a result of any failure to pay or accurately report Illinois real estate transfer taxes due as a result of PURCHASER's purchase of the Subject Property. The Parties acknowledge that No Revenue Stamps shall be required to be obtained or paid for by either Party since a sale from a Governmental Entity is Exempt under Illinois Compiled Statutes 200/31-45(b). C. Non-Foreign Person Affidavit. SELLER shall furnish to PURCHASER with an affidavit stating that SELLER is not a "foreign person" within the meaning of IRC Section 1445(f) (3), as amended. D. Closing Statement. SELLER and PURCHASER shall execute a closing statement showing the Purchase Price for the real property being acquired at Closing together with all prorations, adjustments and credits, if any, as required under this Agreement. SELLER shall pay for the Owner's Policy. PURCHASER shall pay for recording of the deed and mortgage and the costs of any title endorsements requested by PURCHASER, including any lender's title policy. Title Company closing fees, including any escrow fee, shall be split evenly between the Parties. There is no municipal transfer tax to be paid at a Closing. E. Title Insurance Policy. SELLER shall order and pay for, and Chicago Title Insurance Company shall be prepared to issue, an owner's policy of title insurance subject only to the Permitted Exceptions in an amount equal to the Purchase Price (with extended coverage) with respect to the applicable Property to be purchased at Closing and provide to the Title Company such documents that may reasonably be requested by the Title Company to satisfy any of the Schedule B requirements applicable to SELLER. PURCHASER shall be responsible to pay the cost of any title company endorsements excluding extended coverage that PURCHASER requests or requires; or that are required by PURCHASER's Lender, if any. F. Affidavit of Title. The SELLER shall execute a standard "Affidavit of Title." G. certificate stating that no financing statements executed by or on behalf of Seller have been filed against the Premises since the date of the most recent UCC searches delivered by Seller to Buyer hereunder; H. evidence of any notices, reports or registrations received from or delivered to the Illinois State Fire Marshall under any regulations for Underground Storage Tanks and/or any other federal, state or local health and safety regulations; I. Further Assurances. The parties shall execute such additional documents and instruments and take such further actions as may be reasonably requested by either party or necessary to complete the purchase and sale of the real property at each Takedown in accordance with this Agreement. 11. Real Estate Tax Prorations . Real Estate taxes shall be prorated at 105% of the last year's tax bill if any. 12. Possession. At closing, SELLER shall deliver to PURCHASER exclusive physical possession of the real property that is acquired by PURCHASER, free and clear of any rights or claims of possession by SELLER or any third party. Initials _________/___________ 7 13. Permits, Fees; Plans and Elevations: PURCHASER shall pay any zoning application fees, studies, or engineering drawings with regard to the development Property. PURCHASER shall hold SELLER harmless form payment for any fees or costs for entitlement and permitting matters with respect to the Subject Property which result from or are based on any such zoning or entitlement requests by or approvals obtained by Purchaser. SELLER hereby consents to the right of PURCHASER to file for any necessary Zoning/Platting/Review Requirements as a Contract Purchaser once SELLER executes its acceptance of this Contract in writing. 14. SELLER’s Representations, Warranties and Covenants. SELLER represents, warrants and covenants to PURCHASER the following: A. Power and Capacity. SELLER has the full power, capacity and legal right to execute and deliver this Agreement and sell the Subject Property to PURCHASER pursuant to the terms of this Agreement. The execution, delivery and performance of this Agreement and the obligations undertaken by SELLER under this Agreement have been duly authorized by all necessary action, and this Agreement has been executed by a duly authorized representative of SELLER and constitutes a valid and binding obligation of SELLER, enforceable in accordance with its terms. At all times during the term of this Agreement, SELLER shall not transfer any portion of the Subject Property or grant or permit any easements, liens, mortgages encumbrances or other interests with respect to the Real property without PURCHASER's prior written consent. B. Contractual Obligations. The execution and delivery of this Agreement, and the performance by SELLER of any and all transactions contemplated by this Agreement, will not breach any contractual covenant or restriction between SELLER and any third- party affecting the real property. C. Condemnation Proceedings: Special Assessments. SELLER has neither received written notice nor has actual knowledge of any condemnation or eminent domain proceeding regarding any of the Subject Property and has not entered into any negotiations for the disposition of any of the Subject Property in lieu of the commencement of condemnation or eminent domain proceedings and, to SELLER's actual knowledge, without duty of inquiry, there are no proceedings pending before any governmental agency to impose a special assessment or other public authority charge against all or any of the Real property. D. Litigation. There is no pending or, to the best of SELLER's actual knowledge, threatened litigation, administrative action or examination, claim or demand relating to the Real property, or any pending or threatened exercise of the power of eminent domain, condemnation proceeding or other, governmental taking with respect to all or any part of the real property. No notice of default under laws, ordinances, rules and regulations of any governmental authority having jurisdiction over the real property, or any like agreement, has been issued or threatened to SELLER. E. Condition of the Property. PURCHASER acknowledges that the Subject Property is being purchased in an "AS IS" condition and SELLER is not making any representation as to the condition of the Property; except as previously stated herein. Initials _________/___________ 8 F. Existing Due Diligence Materials. The Existing Due Diligence Materials are all of the surveys, plats, agreements, declarations, ordinances, soil reports, notices, environmental studies or other report prepared for SELLER that SELLER has in its possession or control. To the best of SELLER's knowledge, the Existing Due Diligence Materials are copies of the original documents in the SELLER's possession. G. Environmental. To the best of SELLER's knowledge, no hazardous substances are located on or have been stored, generated, used, processed or disposed of on or released or discharged from (including ground water contamination) the Real property or the Subject Property, and no above ground or underground storage tanks exist on or have been removed from, the Subject Property. Anything in this Agreement to the contrary notwithstanding, it is expressly understood and agreed that PURCHASER does not assume or agree to be responsible for, and SELLER hereby agrees to defend, indemnify and hold PURCHASER harmless from and against any and all claims, obligations and liabilities and all costs, expenses and attorney's fees incurred based upon or arising out of any obligation, liability, loss, damage or expense, of whatever kind or nature, contingent or otherwise, known or unknown, incurred under, or imposed by, any environmental laws with respect to a Subject Property prior to the Closing and the Subject Property. SELLER's obligation to indemnify PURCHASER with respect to environmental matters shall expressly survive termination of this Agreement in accordance with Section 24 of this Agreement. H. The Subject Property is currently tax exempt and no action has occurred to alter the tax exempt status. I. To the best of SELLER's knowledge and SELLER has received no Notices Ordinances or other notifications of any obligations in connection with the Subject Property or any so-called "recapture agreement" involving refund for sewer extension, over sizing utility lines, lighting, roadway or like expense or charge for work or services done upon or relating to the Subject Property which will bind PURCHASER or the Premises from and after the Closing Date. J. All United City of Yorkville Service Contracts, management contracts, and leases with respect to the Property shall be terminated at or prior to closing. 15. PURCHASER's Representations, Warranties and Covenants. PURCHASER represents, warrants and covenants to SELLER as follows: A. Due Organization. PURCHASER is a legal entity duly organized and in good standing under the laws of the State of Illinois. B. Power and Capacity. PURCHASER has the full power, capacity, authority and legal right to execute and deliver this Agreement and to perform its obligations under this Agreement. C. Due Authorization. This Agreement has been duly authorized, executed and delivered by PURCHASER and constitutes the legal, valid and binding obligation of Initials _________/___________ 9 PURCHASER, enforceable in accordance with its terms. Prior to Closing, any and all documents required by this Agreement to be executed and delivered by PURCHASER shall have been duly authorized, executed and delivered by PURCHASER, and all such documents shall contain legal, valid and binding obligations of PURCHASER enforceable in accordance with their terms. 16. Signage. Signage mutually acceptable to SELLER and PURCHASER may be erected at PURCHASER's expense on the Subject Property. SELLER agrees to allow signage to be installed at the close of Feasibility Period provided that any such signage shall be in conformity with any applicable United City of Yorkville Unified Development Ordinance. 17. Real Estate Commission. The Parties hereto acknowledge that NO Real Estate Brokerage Commission or Property Manager payment is due to any Third Party that arises out of this transaction. 18. Condemnation. In the event that notice of any action, suit or proceeding shall be given for the purpose of condemning all or any portion of the Subject Property prior to the date such real property has been conveyed to PURCHASER, then PURCHASER's rights and obligations under this Agreement with respect to such real property shall terminate, and the proceeds resulting from the condemnation shall be paid to SELLER. 19. Default. A. PURCHASER Default. If PURCHASER fails to purchase the Subject Property according to the terms of this Agreement, the SELLER shall provide PURCHASER written notice of said default ("SELLER Default Notice"). PURCHASER shall have thirty (30) days from its receipt of the SELLER Default Notice ("Cure Period") to cure or to substantially commence a cure of the default(s) identified in the SELLER Default Notice. SELLER shall have the right to terminate this Agreement if PURCHASER fails to cure or substantially commence a cure of the default identified in the SELLER Default Notice during the Cure Period. In the event of the termination of this Agreement, SELLER shall retain the any earnest money being held by Title Insurer at the time of such respective default by PURCHASER. Retention of the earnest money shall be deemed liquidated damages as SELLER'S sole and exclusive remedy that Parties agree that the damages suffered by SELLER would be speculative and difficult to ascertain and not a penalty, and the Parties shall have no further rights or obligations under this Agreement, with the exception of obligations which expressly survive termination. B. SELLER Default. If SELLER defaults in the performance of its obligations under this Agreement, and such default is not cured or SELLER has not substantially commenced a cure within thirty (30) days from SELLER's receipt of written notice from PURCHASER, PURCHASER may at Its discretion either (i) terminate this Agreement by written notice to SELLER, in which event the Earnest Money shall be returned to PURCHASER; or commence an action under Illinois law to specifically enforce this Agreement Thereafter neither party shall have any further claims or obligations hereunder, except such obligations as are herein expressly made to survive such termination; or (ii) seek specific performance of this Agreement. 20. No Joint Venture. (a) Neither Party is the agent, partner or joint venture partner of the other; neither Party has any obligation to the other except as specified in this Agreement. Initials _________/___________ 10 21. Non-Waiver. The failure of either Party to complain of any act or omission on the part of the other Party, no matter how long it may continue, shall not be deemed to be a waiver by any Party to any of its rights hereunder except as expressly provided for in this Agreement. 22. Third Party Rights. No Party other than SELLER and PURCHASER and their successors and assigns, shall have any right to enforce or rely upon this Agreement, which is binding upon and made solely for the benefit of SELLER and PURCHASER, and their respective successors or assigns, and not for the benefit of any other Party. 23. Survival. The representations, warranties and covenants contained in this Agreement shall survive a Takedown with respect to such Property acquired in each respective Takedown for a twelve (12) month period thereafter and shall not merge upon the delivery of the warranty deed for the Property. 24. Time. TIME IS OF THE ESSENCE OF ANY AND ALL UNDERTAKINGS AND AGREEMENTS OF THE PARTIES HERETO. 25. Notices. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the addresses set forth below. Any such notices shall be either (i) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such courier, (ii) sent by email, in which case notice shall be deemed delivered upon transmission of such notice, or (iii) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until two (2) Business Days following actual receipt of such notice. The Parties agree that the attorney for each respective party has the authority to send and receive notices on behalf of such party. If To SELLER: United City of Yorkville Attn: 651 Prairie Pointe Drive Yorkville, IL 60560 Telephone: 630-553-4350 E-mail: With a copy to: Attorney Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard, Suite 350 Naperville, Illinois 60563 0:312-382-2113, C: 708-267-6244 kfo@ottosenlaw.com If To PURCHASER: Heartland Meadows, LLC, An Illinois Limited Liability Company 608 E. Veterans Parkway Yorkville, Illinois 60560 Telephone: 630-553-3322 Email No: gjmarker@markerinc.com Initials _________/___________ 11 With a copy to: Daniel Kramer The Law Office of Dan Kramer 1107A South Bridge Street Yorkville, IL. 60560 Telephone: 630-553-9500 Email: dkramer@dankramerlaw.com Any party to this Agreement may at any time change the address for notices to that party by giving notice in this manner. 26. Days. Whenever this Agreement requires that something be done within a specified period of days, that period shall (i) not include the day from which the period commences, (ii) include the day upon which the period expires, (iii) expire at 6:00 p.m., local time in the jurisdiction in the where the Property is located on the day upon which the period expires, and (iv) unless otherwise specified in this Agreement, be construed to mean calendar days; provided, that if the final day of the period falls on a Saturday, Sunday or legal holidays, which shall include but not be limited to December 24, 25 and January 1, the period shall extend to the first business day thereafter. As used in this Agreement, "business day" means each day of the year other than Saturdays, Sundays, legal holidays and days on which national banks in the location where the Subject Property is located are generally authorized or obligated by law to close. 27. Severability. If one (1) or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained within the body of this Agreement. 28. Entire Agreement. This Agreement embodies the entire understanding between the Parties with respect to the transaction contemplated herein and all prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded by and merged into this Agreement. Neither this Agreement nor any of its provisions may be waived, modified or amended except by an instrument in writing signed by the party against which enforcement is sought, and then only to the extent set forth in that instrument. 29. Governing Law. This Agreement shall be governed by and construed in accordance with the provisions of the laws of the State of Illinois. Kendall County shall be the agreed venue for any action with respect to the subject matter hereof. 30. Captions; Agreement Preparation. Captions to paragraphs and sections of this Agreement have been included solely for the sake of convenient reference and are entirely without substantive effect. Each of the Parties has joined in and contributed to drafting this Agreement, and the Parties agree that there shall be no presumption favoring or burdening any one or more Parties based upon draftsmanship. 31. Successors and Assigns. Either party shall be entitled to assign its rights or obligations under this Agreement without the consent of the other party so long as such assignment is to entity which is controlled or is a parent entity exercising control over such party. Any other Initials _________/___________ 12 assignment shall require the consent of the other party, which consent shall not be unreasonably withheld. Subject to the foregoing, this Agreement shall be binding upon, and its benefits shall inure to, the Parties hereto and their respective heirs, personal representatives, successors and assigns. 32. Counterparts; Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement. The signature of any party to any counterpart shall be deemed to be a signature to, and may be appended to, any other counterpart. For purposes of this Agreement, a facsimile signature or electronic copy of a signature shall be deemed the same as an original. 33. Confidentiality. Except to the extent that either party needs to disclose financial terms of this agreement to professionals bound by privileged to their respective client or a Lender, the parties shall keep all financial and closing terms of this Agreement confidential between they and their retained experts. 34. Illinois Bulk Sales. SELLER warrants to PURCHASER that it has no obligation to comply with the Illinois Bulk Sale Act in that the subject Real Estate Sale does not comprise a significant portion of the SELLER's real property; or result in a transfer of SELLER's Business. 35. Time. SELLER and PURCHASER agree that time is of the essence and that failure of either party to strictly comply with the time limitations contained herein shall be considered as a default unless provided otherwise herein or unless expressly waived in writing by agreement of the non-defaulting party. 36. Counterpart/PDF Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. Further this Agreement may be executed by PDF attached to email transmission and such PDF signatures shall be valid and binding for all purposes when transmitted to the other party. Notwithstanding the foregoing, each party signing by PDF agrees to provide the other with an original signature hereon within two (2) business days of its execution of this Agreement. Initials _________/___________ 13 Signature Page Follows Initials _________/___________ 14 THIS AGREEMENT has been executed by the SELLER hereto on the date set forth below. "SELLER" United City of Yorkville By: Mayor Attest:________________________ City Clerk Dated: Initials _________/___________ 15 THIS AGREEMENT has been executed by the PURCHASER hereto on the date set forth below. "PURCHASER" HEARTLAND MEADOWS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY By: ____________________________ Its: _________Manager____________ Dated: _________________________ Initials _________/___________ 16 Initials _________/___________ 17 Exhibit "A" Legal Description Lot 22 in Kendall Marketplace, being a Subdivision of part of the Southeast Quarter of Section 19, the South Half of Section 20, and the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, in the United City of Yorkville, Kendall County, Illinois. PIN: Part of 02-20-351-002 Address: Part of the land located at the Northwest Corner of Route 34 and Cannonball Drive, Yorkville, Illinois. Summary Consideration of a resolution declaring the City owned 8-acres of property in Kendall Marketplace as surplus property and accepting an offer for purchase of the property from the developer currently completing Heartland Meadows. Background The City accepted an 8-acre land donation from the original Kendall Marketplace developers in 2007. This property, generally at the NW corner of Cannonball Trail and Blackberry Shore Lane, was originally acquired for use as a site for a police station before neighbors sued the City and the developer in 2007 to prevent that outcome. The City and the neighbors settled in 2007 (agreement attached). Within that settlement agreement, the City agreed that the property would never be used as a police station. In exchange, the neighbors would not object to a future application to the City for a change in use to “multi-family housing with single family housing along Cannonball Trail, with the single-family units along Cannonball Trail facing into the development parcel with each unit’s driveway in the development parcel”. Since then, the property has sat vacant except for a couple years where it was used as a community garden. Greg Marker and his development group (currently operating as Heartland Meadows LLC) has approached the City with an offer to purchase the property with the intent of turning it into age-restricted, single-family homes and a few commercial outlots. That purchase agreement is attached and is for $405,000, which is 97.5% of the value the property was appraised for in 2021 ($415,000). Heartland Meadows intent is to conduct their normal development due diligence on the property for a few months after the City’s acceptance of this purchase offer, eventually submitting a formal development plan to the City Council for their consideration. Heartland Meadows has a 5-month feasibility period where they can walk away from the property for any reason, and a subsequent 6-7 month overlapping period where they will seek a final approval from the City to develop the property. Should the City not approve the plans within this timeframe, the purchaser is allowed to walk away from the deal. Contained within this purchase agreement is an outline of development characteristics the developer is requiring for the property: 1) Four commercial lots 2) B-3 zoning Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 4, 2024 Subject: Sale of Kendall Marketplace 8 acres – surplus declaration and offer acceptance 3) Confirmation no detention is required on the lot (the regional detention basin to the west should be sufficient) 4) A fee lock on water and sewer connection fees as of December 1, 2023, until six years after the date of the final plat approval 5) Age restricted lots 6) Similar lot sizes (5,000 sq. ft. to 6,000 sq. ft.) and setbacks (5-foot sideyard setbacks, 10- feet between buildings) as have been used in Heartland Meadows These standards listed in the development agreement are the developer’s current requests; if the City approves the offer and then later declines to approve a development plan with those characteristics, the developer would be able to walk away from the deal and retain their earnest money. The process to sell City property involves the attached surplus declaration resolution, which confirms the City Council’s decision that the property to be sold is not needed for municipal purposes and inviting offers to be made on the property. Generally, the City is allowed to consider a direct purchase offer from buyers as long as the offer is within 80% of the fair market value of the property. Since the City conducted an appraisal in 2021 with an estimated value of $415,000, the developer’s offer of $405,000 is within the state statute requirement. Should the City Council approve the resolution and purchase agreement, the City will publish the resolution and agreement in the newspaper twice in the next 30 days, and the two different due diligence periods will begin. Recommendation Staff recommends approval of the resolution and purchase agreement. 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #2 Tracking Number CC 2024-05 City Debt Policy Majority Approval Please see attached memo. Rob Fredrickson Finance Name Department City Council – January 23, 2024 Summary Approval of a City Debt Policy. Background The attached debt policy provides guidelines for the various aspects of debt issuance by the City and covers an array of topics pertaining to the goals and parameters when considering debt financing; limits as to how much debt Yorkville could issue; the process by which debt may be issued; and the continuing administration of the City’s debt program. Since the City will be actively involved in debt financing over the next few years, the addition of a debt policy is considered a “best practice” and should be viewed favorably by rating agencies. A brief summary of some of the more salient policy guidelines are noted below:  Debt financing will not be issued to finance operating expenses or fund operating deficits.  The term of the debt will generally be structured to match the expected useful life of the asset(s) being financed. In addition, call provisions of ten years or less shall also be considered, in order to allow for the potential refunding of the debt, dependent on future interest rates.  In general, debt repayment would be structured so that level or declining debt service shall be used unless operational or financial reasons dictate otherwise. Moreover, the City will try to limit debt issuance to less than $10 million per year, in order to maintain bank qualification status, when possible. Bank qualified debt provides certain tax incentives to banks and other financial institutions who purchase municipal debt and should result in reduced interest costs for the City.  The City will self-impose limits on the amount of debt it may issue for General Obligation (GO) and GO Alternate Revenue Source Bonds. GO bonds, which are solely funded by property taxes, would be limited to 75% of the legal debt limit (which currently equates to ~$44.1 million). GO Alternate Revenue Source Bonds, which are the most commonly issued debt by the City, shall not be issued unless pledge revenues exceed annual debt service amounts by 125% (i.e., 1.25 times coverage). Recommendation Staff recommends approval of the attached resolution. Memorandum To: Administration Committee From: Rob Fredrickson, Finance Director Date: January 11, 2024 Subject: City Debt Policy Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS, APPROVING AND ADOPTING A DEBT POLICY WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the Illinois Municipal Code grants the Mayor and City Council of the City (the “Corporate Authorities”) the authority to borrow money on the credit of the City for corporate purposes (65 ILCS 5/8-1-3); and WHEREAS, the Corporate Authorities intend to obtain debt financing only when necessary and desire to set forth guidelines regarding any decision to incur debt on behalf of the City; and WHEREAS, the Corporate Authorities of the City therefore desire to adopt a Debt Policy that sets forth goals and parameters, legal constraints, and considerations for the issuance of debt. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. That the United City of Yorkville Debt Policy, attached hereto as Exhibit A and made a part hereof by reference, is hereby approved and adopted. Section 3. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK Resolution No. 2024-____ Page 2 KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK UNITED CITY OF YORKVILLE DEBT POLICY Purpose Reasonable levels of debt provide a mechanism to reduce costs for the City by allowing critical projects to be completed on a timely basis rather than using current funds. Debt is issued to achieve desired goals in acquiring, developing, and improving Yorkville’s facilities and infrastructure; and in purchasing necessary capital items for conducting operations. The City will obtain debt financing only when necessary; and shall set forth processes to identify the timing and amount of debt needed to be as efficient as possible. Goals and Parameters In following this Policy, the City shall pursue and adhere to the following goals and parameters when considering the issuance of debt: 1.Debt will not be issued to finance general operating expenses or fund operating deficits. 2.Alternatives to debt financing will be considered such as other available revenue sources, interfund loans, application of grant proceeds, State/Federal aid or other funding options to meet the long‐term capital needs of the City. 3.Current credit rating metrics used by the City’s rating agency(s) will be evaluated to determine if the rating may be impacted by the issuance of debt, loans, or other financial decisions or actions by the City. 4.Capital projects with an estimated cost of $500,000 or less will ideally be funded with funds on hand or pay‐as‐you‐go financing, and not funded with new debt or loans. Depending on the circumstances, consideration will be given to combine multiple capital projects that are under $500,000 into one debt issuance. 5.Debt issuances shall be structured to amortize within the expected useful life of the asset(s) being financed. Principal will be amortized to best fit within the overall debt structure of the City’s general obligation debt, the repayment source and/or related tax levy at the time the new debt is issued. For issuance of revenue bonds, or general obligation bonds paid by revenues other than property tax, principal will be amortized to best fit with the overall debt structure of the specific enterprise fund or related revenue source. 6.Whenever practicable, debt repayment should be structured so that level or declining debt service shall be used unless operational or financial reasons dictate otherwise, or if to achieve overall level debt service with existing bonds. 7.The potential financial benefits of issuing bank qualified bonds will be considered and, if possible, strive to limit annual issuance of debt to $10 million or less within a calendar year when such estimated benefits are greater than the benefits of exceeding the bank qualification limit. Should subsequent changes in the law change this limit, the City policy will be adjusted accordingly. 8.Call provisions of approximately ten (10) years or less will be considered to provide the City flexibility to refinance debt in the future. Consideration of the call feature will be determined at the time of sale based on overall market conditions and investor acceptance. 9.Fixed rate debt, as opposed to variable rate debt, will be issued to minimize exposure to certain risks. If unusual circumstances warrant the issuance of variable rate debt, explanation must be provided and 1 approved by the City Council. The par amount of outstanding variable rate debt shall not exceed 10% of the City’s total outstanding debt. The City will not use derivative products in its debt structure. Legal Constraints and Other Debt Limitations The City Council may utilize the guidelines established by this Policy, or may choose, in its discretion, to consider other relevant factors in incurring debt. The validity of any debt incurred in accordance with applicable law shall not be invalidated, impaired, or otherwise affected by non‐compliance with any part of the procedures set forth pursuant to this Policy. The laws of the State of Illinois authorize the issuance of debt by the City. The Illinois Municipal Code confers upon municipalities the power and authority to contract debt, borrow money, and issue bonds. The City may, by bond ordinance, incur indebtedness or borrow money, and authorize the issue of negotiable obligations, including refunding bonds, for any capital improvement of property, land acquisition or any other lawful purpose. Under Illinois Compiled Statutes, municipalities with a population of less than 500,000, unless they are a home rule unit, are limited to the amount of general obligation bonded debt they can incur at any one time to no more than 8.625% of the total equalized assessed value of real estate property (i.e., legal debt margin). Yorkville is a non-home rule community and is subject to this limitation. In order to not overly burden the City, the following debt issuance limitations will be followed: 1.General Obligation (GO) Bonds/Certificates/Loans – The City shall not issue general obligation debt in excess of 75% of its legal debt limit referenced above. 2.General Obligation Alternate Revenue Source Bonds: The City shall not issue general obligation alternate revenue source bonds for which coverage of pledged revenues to debt service, including parity debt, is less than 1.25 times. Coverage shall be based on pledged revenues as provided in the most recent audited financial statements of the City. The audited financial statements must be for the most recent fiscal year ending not earlier than 18 months prior to the issuance of bonds. Coverage may also be demonstrated by a report prepared by an independent accountant or feasibility analyst. If coverage is based on higher rates, charges, fees or taxes, such higher rates, charges fees or taxes must be imposed by ordinance prior to the issuance of the bonds. Considerations for Issuance of Debt Use of Professional Service Providers The City will consider seeking the assistance and expertise of a qualified Financial Advisor prior to undertaking a debt issuance process separate from the Underwriter of the Bonds. The City will also ensure that a qualified Bond Counsel is also retained by the City. Types of Debt Issued 1.Short‐Term Debt (three-years or less) - The City may issue short‐term debt to finance the purchase of equipment or other items having a useful life exceeding one year; or to provide increased flexibility in financing programs. The City will not issue debt for deficit financing. 2. Long‐Term Debt (more than three-years) - The City may issue long‐term debt which may include, but is not limited to, general obligation bonds, general obligation alternate revenue source bonds certificates of participation, installment notes, revenue bonds and special assessment bonds. 2 Abatement of Property Tax Debt Service for General Obligation Bonds If the City plans to repay debt service using a specific revenue source when issuing General Obligation bonds, the City will use conservative revenue projection assumptions to ensure the identified funding source is sufficient to pay debt service on the bonds. When issuing general obligation bonds in lieu of revenue bonds with the intent to abate the debt service property tax levies, the City Council will adopt ordinances abating the debt service levies and pay debt service costs with the identified revenues. Methods of Sale When issuing debt, the City will consider multiple methods of sale, including competitive, negotiated or private placement. If the City retains the services of a Financial Advisor, the Advisor will not bid on or underwrite any City debt issuances on which it is advising. Credit Enhancements The City may enter into agreements with commercial banks or other financial entities for the purpose of acquiring letters of credit, municipal bond insurance, or other credit enhancements that will provide the City with access to credit under terms and conditions as specified in such agreements when their use is judged cost effective or otherwise advantageous. Conduit Debt Conduit debt is debt issued in the name of the City but payable by third parties only, and for which the City does not provide credit or security. The City will consider issuing conduit debt when such actions meet the financial objectives of plans and/or policies adopted by City Council, but only to the extent permitted by law. Debt Administration Financial Disclosures The City shall prepare all appropriate annual and other financial disclosures as required by the City’s continuing disclosure undertakings as well as any specific event notices required by the Securities and Exchange Commission (SEC) to the Municipal Securities Rulemaking Board (MSRB), and any other filings required by the federal government, the State of Illinois, rating agencies, underwriters, investors, taxpayers, and other appropriate entities and persons to the ensure compliance with applicable laws and regulations. Review of Financing Proposals All financing proposals that may involve a pledge of the City's credit through the sale of securities, execution of loans or lease agreements and/or otherwise directly involve the lending or pledging of the City's credit shall be referred to the Director of Finance who shall determine the financial feasibility, financial impact, and the impact on existing debt of such proposal, and shall make recommendations accordingly to the City Administrator and City Council for approval. Rating Agency Relations The City shall endeavor to maintain effective relations with rating agencies. The City Administrator, Director of Finance and other appropriate parties should meet with, make presentations to, or otherwise communicate with the rating agencies on a consistent and regular basis in order to keep the agencies informed concerning the City's capital plans, debt issuance program, and other appropriate financial information on the economic and fiscal status of the City. 3 Refunding Policy on Existing Issuances The City shall consider refunding outstanding general obligation debt when legally permissible and financially advantageous. A net present value debt service savings of at least three percent (3%) of the refunded par amount or greater must be achieved, unless otherwise justified and authorized by City Council. Investment of Borrowed Proceeds The City shall invest proceeds of debt in accordance with the City’ adopted investment policy. The City acknowledges its ongoing fiduciary responsibilities to actively manage the proceeds of debt issued for public purposes in a manner that is consistent with Illinois statutes that govern the investment of public funds, and consistent with the permitted securities covenants of related bond documents executed by the City. The management of public funds should enable the City to respond to changes in markets or changes in payment or construction schedules so as to (i) minimize risk, (ii) ensure liquidity, and (iii) optimize returns. Definitions For purposes of this policy, the following definitions apply: A. Bond: A debt obligation issued by a governmental entity, in which the proceeds are used for capital purposes or other projects that benefit the public. A bond is a loan to a local government entity, which in turn promises to pay the buyer a specified amount of interest (usually paid semiannually) and return the principal on a specific maturity date. B. Bank Qualification: The limit to which banks can purchase local government bonds and receive special IRS tax treatment for doing so. Currently this amount is set at $10 million or less in bonds issued in total for one calendar year by a unit of local government. C. Bond Counsel: Attorneys who specializes in tax law; retained by the City to render a legal opinion on if the City is authorized to issue the proposed bonds, has met all legal requirements necessary for issuance, and whether interest on the bonds is, or is not, exempt from federal and state income taxation. D. Capitalization: A debt payment schedule where the first interest payments are made from the bond proceeds due to cash flow concerns. This increases the cost of borrowing. E. Debt Service: The payment of principal and interest consisting of two semi-annual interest payments and one annual principal payment. F. Financial Advisor: Professional service provider who consults and advises the issuer on type of bond, type of sale, length of debt service, and assists in having the issue rated by a bond rating agency. G. Level Debt Service - An arrangement of maturities of about equal value in which the amount of principal maturing increases at approximately the same rate as the amount that interest declines. H. Long term debt: Bonds or capital leases that have an amortization schedule of three (3) years or more. I. Rating Agency - An independent company which evaluates the issuer’s credit quality, which generally measure the probability of the timely repayment of principal and interest. J. Short term debt: Bonds or debt that have an amortization schedule of three (3) years or less. 4 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #3 Tracking Number CC 2024-06 Proposed 2024 Raintree SSA Refunding – Underwriter Engagement Letter City Council – January 23, 2024 Majority Approval Please see attached memo. Rob Fredrickson Finance Name Department Summary Approval of underwriter engagement letter from D.A. Davidson Companies, related to the potential refunding of the Raintree I and Raintree II Special Service Area (SSA) bonds. Background D.A. Davidson Companies, (www.dadavidson.com) is a nationally recognized, employee-owned firm that provides a wide array of financial services pertaining to wealth management, trust services, investment management, investment banking and other services related to equity and fixed income markets. D.A. Davidson’s point person for this potential refunding would be Peter Raphael, who is the Managing Director of the firm’s Public Finance division in their Chicago office. Mr. Raphael has underwritten several SSA bond refunding issuances for the City over the last 10+ years, including the 2019 refunding of the Windett Ridge SSA bonds (which resulted in interest savings of approximately $1.2 million thru 2033); and the refunding of the Autumn Creek and Bristol Ridge SSA bonds in 2016 (which yielded a combined ~$5.9M in interest savings thru 2036). In their current proposal (Exhibit B), D.A. Davidson recommends the refunding of the Raintree II SSA bonds, which shows an estimated net present value savings of $263,184 based on prevailing market conditions. This would yield projected average annual savings between $139 and $201 for each unit (townhome, duplex and single family) within the SSA through 2035. In addition to Raintree II, D.A. Davidson also suggests that the occasion may occur for the Raintree I SSA bonds to be refunded as well, as interest rates are generally predicted to decline over the first quarter of 2024. Should this come to fruition between now and then end of March, the net present value savings for the Raintree I SSA bonds may turn positive, allowing the City to capitalize on a refunding opportunity which could yield consequential savings to residents within the SSA. As noted in Exhibit A, this engagement with D.A. Davidson is preliminary in nature and can be terminated by either party at any time. D.A. Davidson’s proposed fee for underwriting services is 1.25% of the par amount issued, which equates to an estimated range between $61,000 (Raintree II only) and $111,000 (includes Raintree I and II). However, D.A. Davidson’s fee is contingent on the sale of the bonds, so if Council decide not to move forward with the issuance, no fees would be charged. All fees paid to D.A. Davidson would be funded by refunded bond proceeds, and would have no impact on any budgeted funds of the City. Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: January 17, 2024 Subject: Proposed 2024 Raintree SSA Refunding – Underwriter Engagement Letter Recommendation Staff recommends approval of the engagement letter with D.A. Davidson for underwriting services. In addition to the engagement letter, a preliminary term sheet (Exhibit C) has also been included, which summaries the various terms associated with the potential refunding of the Raintree I and II SSA bonds (equalized assessed values (EAV) will be forthcoming from Kendall County, once these figures have been finalized for the 2023 levy year). 1 January 4, 2024 Bart Olson United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Underwriter Engagement Agreement On behalf of D.A. Davidson & Co. (“us” or “Davidson” or “we”), we are writing concerning the potential refunding of Special Service Areas #2003-100 (Raintree Village) and 2004-107 (Raintree Village II) (the “Securities”). This letter confirms that The United City of Yorkville (“Issuer” or “you”) engages us as underwriter for the proposed offering and issuance of the Securities, subject to the conditions and limitations described below. This engagement is preliminary in nature, non-binding and may be terminated at any time by you or us. Although you intend or reasonably expect to use Davidson as an underwriter respecting the Securities, this engagement is subject to any applicable procurement laws and the formal approval of Davidson as underwriter by your board or governing body, and is also subject to mutual agreement as to the final structure for the Securities and the terms of a bond purchase agreement. This engagement does not prevent you from delaying or cancelling the issuance of the Securities. The United City of Yorkville has engaged Davidson to serve as an underwriter, and not as a financial advisor or municipal advisor, in connection with the issuance of the Securities. As an underwriter, Davidson may provide advice concerning the structure, timing, terms, and other similar matters concerning the Securities. Attached to this letter are regulatory disclosures required by the Securities and Exchange Commission and the Municipal Securities Rulemaking Board to be made by us at this time because of this engagement. We may be required to send you additional disclosures regarding the material financial characteristics and risks of such transaction or describing conflicts of interest. At that time, we also will seek your acknowledgement of receipt of any such additional disclosures. It is our understanding that you have the authority to bind the Issuer by contract with us, and that you are not a party to any conflict of interest relating to the Securities. If our understanding is incorrect, please notify the undersigned immediately. We wish to receive your written acknowledgement that you have received the disclosures attached as Exhibit A and that this engagement is approved. Accordingly, please send me an email to that affect, or sign and return the enclosed copy of this letter to me at the address set forth below. If you have any questions or concerns about anything in this letter, please make those questions or concerns known immediately to us at the contact information below. In addition, you should 227 W. Monroe Street. Suite 5250 Chicago, IL 60606 312-525-2776 www.dadavidson.com/ficm D.A. Davidson & Co. member SIPC 2 consult with your own financial and/or municipal, legal, accounting, tax and other advisors, as applicable, to the extent you deem appropriate. Again, we thank you for the opportunity to assist you with your proposed financing and the confidence you have placed in Davidson. Very truly yours, D.A.DAVIDSON & CO. By:__________________________________ Title: ________________________________ Accepted this ___ day of _________, 2024 THE UNITED CITY OF YORKVILLE By:_________________________________ Title:________________________________ Managing Director, Public Finance Banker 3 EXHIBIT A Set forth below are certain regulatory disclosures that we are required to send to you under rules of the Municipal Securities Rulemaking Board (MSRB) and the Securities Exchange Commission. 1. Dealer-Specific Conflicts of Interest Disclosures Davidson has not identified any actual or potential material conflicts 1 that require disclosure. 2. Transaction-Specific Disclosures Since Davidson has not recommended a “complex municipal securities financing” to the Issuer, additional disclosures regarding the financing structure for the Securities are not required under MSRB Rule G-17. The disclosures provided herein may be supplemented to provide disclosure of material financial characteristics and material financial risks of the Securities, if later warranted. 3. Standard Disclosures A. Disclosures Concerning the Underwriters’ Role: (i) MSRB Rule G-17 requires an underwriter to deal fairly at all times with both municipal Issuers and Investors. (ii) An underwriter’s primary role is to purchase the Securities with a view to distribution in an arm’s-length commercial transaction with the Issuer. The underwriter has financial and other interests that differ from those of the Issuer. (iii) Unlike a municipal advisor, the underwriter does not have a fiduciary duty to the Issuer under the federal securities laws and is, therefore, not required by federal law to act in the best interests of the Issuer without regard to its own financial or other interests. (iv) The Issuer may choose to engage the services of a municipal advisor with a fiduciary obligation to represent the Issuer’s interest in this transaction. (v) The underwriter has a duty to purchase the Securities from the Issuer at a fair and reasonable price, but must balance that duty with its duty to sell the Securities to investors at prices that are fair and reasonable. (vi) The underwriter will review the official statement for the Securities in accordance with, and as part of, its respective responsibilities to investors under the federal securities laws, as applied to the facts and circumstances of this transaction.2 B. Disclosures Concerning the Underwriters’ Compensation: 1 Reference to potential material conflicts throughout this letter, refer to ones that are reasonably likely to mature into actual material conflicts during the course of the transaction, which is the standard required by MSRB Rule G- 17 2 Under federal securities law, an issuer of securities has the primary responsibility for disclosure to investors. The review of the official statement by the underwriter is solely for purposes of satisfying the underwriter’s obligations under the federal securities laws and such review should not be construed by an issuer as a guarantee of the accuracy or completeness of the information in the official statement. 4 (i) The underwriter will be compensated by a fee and/or an underwriting discount that will be set forth in the bond purchase agreement to be negotiated and entered into in connection with the issuance of the Securities. Payment or receipt of the underwriting fee or discount will be contingent on the closing of the transaction and the amount of the fee or discount may be based, in whole or in part, on a percentage of the principal amount of the Securities. While this form of compensation is customary in the municipal securities market, it presents a conflict of interest since the underwriter may have an incentive to recommend to the Issuer a transaction that is unnecessary or to recommend that the size of the transaction be larger than is necessary. 4. Questions and Acknowledgment. Davidson is registered as a broker-dealer with the U.S. Securities and Exchange Commission (“SEC”) and the MSRB, and is subject to the regulations and rules on municipal securities activities established by the SEC and MSRB. The website address for the MSRB is www.msrb.org. The MSRB website includes educational material about the municipal securities market, as well as an investor brochure that describes the protections that may be provided by the MSRB rules and how to file a complaint with an appropriate regulatory authority. Refunding Footnotes: 1.Preliminary and subject to change. 2.This refunding analysis emulates the pledges and financing structure of the currently outstanding 2005Yorkville Special Tax Bonds (Raintree Village II) and 2013 Yorkville Special Tax Refunding Bonds (RaintreeVillage I).3.This refunding analysis assumes eligibility for municipal bond insurance (S&P ‘AA’) and utilizes a reserve fund surety.4.Interest rate assumptions are based on current market conditions and similar credits. 5.Yorkville’s actual results may differ, and D.A. Davidson makes no commitment to underwrite at these levels. 6.Costs of issuance and underwriter’s discount are estimates for discussion purposes only. 7.This refunding analysis was performed with no changes to the term or the structure of the currently outstanding2005 Yorkville Special Tax Bonds (Raintree Village II) and 2013 Yorkville Special Tax Refunding Bonds (Raintree Village I).8.The escrow has been funded with SLGS, but in no way does D.A. Davidson recommend this or any otherinvestment strategy.9.D.A. Davidson does not guarantee that the City can achieve an S&P ‘AA’ rating. 10.This refunding analysis reflects all full and partial redemptions disclosed on EMMA. TO: FROM: DATE: RE: Bart Olson & Rob Fredrickson Peter Raphael & Brent Sprunger January 12, 2024 Raintree SSA Refunding Opportunities With the development of Raintree Village II substantially complete, we believe the market is right for pursuing a refinancing of the Special Service Area 2004-107 Bonds in order to reduce the tax burden on property owners within the Special Service Area. As we review Raintree Village II, we will also closely monitor Raintree Village I, as the refunding economics may soon also present savings for the Special Service Area 2003-100 Bonds. Much of this will depend on future market conditions. We will continue to monitor interest rates and would go to the market once refinancing projections are sufficient to generate meaningful savings for the property owners. We plan to seek out municipal bond insurance as we did with the Windett Ridge Project in 2019. The utilization of bond insurance would further drive down interest rates on the Bonds. And if all goes smoothly, we would be able to enter the market in March 2024 and close shortly thereafter. Raintree II Raintree I Par Amount $4,890,000 $4,020,000 Net Present Value Savings $263,184 ($67,415) Average Annual Savings Per Unit: Single Family $201 $134 Duplex $164 $110 Townhome $139 N/A United City of Yorkville, Illinois Special Service Area Number 2004-107 Special Tax Refunding Bonds, Series 2024 (Raintree Village I and II Projects) Summary of Principal Terms 1 ISSUER: United City of Yorkville, Illinois (the “City”) BOND TYPE: Special Tax Refunding Bonds PRINCIPAL*: SSA No. 2003-100 (Raintree Village I Project): $4,020,000 SSA No. 2004-107 (Raintree Village II Project): $4,890,000 GENERAL: The City previously issued special tax bonds for public infrastructure improvements related to Special Service Areas (“SSA”) No. 2003-100 (the “Raintree Village I Project”) and No. 2004-107 (the “Raintree Village II Project”) (collectively the “Raintree Village Projects” or “prior bonds”). The Raintree Village Projects are both part of a larger development for the Raintree Village subdivision. PUBLIC IMPROVEMENTS: Some of the proceeds of the prior bonds were deposited into an improvement fund to finance the costs of design, construction, installation and performing of certain special services to be constructed on behalf of the City by the Developer and dedicated or conveyed to the City, or such other governmental entity as directed by the City, which consisted of engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sewer lines, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, equestrian paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation, utility relocation and tree installation, costs for land, and easement acquisitions relating to any of the foregoing improvements to serve the Raintree Village Projects. THE AREAS: The Raintree Village I Project consists of approximately 165 acres which is generally located south of State Route 71 between State Route 47 to the west and State Route 126 to the east in the United City of Yorkville, Illinois. All parcels within SSA No. 2003-100 are completed. In the 2023 tax year, the developed lots EAV totaled $_______ with an average EAV of $_______ resulting in an average market value of $_______ for each developed single-family home, and $_________ for each developed duplex. The Raintree Village II Project consists of approximately 156 acres of land located on the southeast side of Illinois Route 71, the southwest side of Illinois Route 126 and east of State Route 47 in the United City of Yorkville, Illinois. All parcels within SSA No. 2004-107 are completed. In the 2023 tax year, the developed lots EAV totaled $_________ with an average EAV of $_________ resulting in an average market value of $_______ for each developed single-family home, $_________ for each developed duplex, and $________ for each developed townhome. * Preliminary and subject to change. 2 LAND USE: Single-Family Duplex Townhome SSA No. 2003-100 183 79 N/A SSA No. 2004-107 190 33 127 (Source: Levy Year 2023 Administration Reports. Does not include prepaid properties.) REMAINING LOTS: As of January 17, 2024, Lennar no longer owns any lots within the Raintree Village I Project. 100% of the lots are now developed. As January 17, 2024, Lennar no longer owns any lots within the Raintree Village II Project. 100% of the lots are now developed. UNDERLYING RATINGS: None. INSURER: To be determined. SECURITY: The 2024 Special Tax Refunding Bonds will be secured by, among other things, a first lien on all special taxes imposed upon all property within the respective SSA, a reserve fund equal to 50% of the maximum annual debt service and supplemented with a reserve fund surety, taxes collected by the County and that appear on the regular real estate tax bill, and remitted by the County into a separate City Fund. DELIQUENCY/ COLLECTION RATES: 2018 2019 2020 2021 2022 SSA No. 2003-100 1.58%/98.42% 0.00%/100.00% 0.00%/100.00% 0.00%/100.00% 0.00%/100.00% SSA No. 2004-107 0.11%/99.89% 1.34%/98.66% 0.00%/100.00% 0.00%/100.00% 0.00%/100.00% (Source: Levy Year 2023 Administration Reports.) USE OF PROCEEDS*: The proceeds of the prior bonds were used to: (i) make a deposit into a reserve fund in the amount of the reserve requirement; (ii) fund capitalized interest; (iii) make an initial deposit into an administrative expense fund; (iv) fund certain costs of issuance; and (v) make a deposit into an improvement fund. The 2003-100 bonds were later refunded in 2013 and those proceeds were deposited to: (i) a reserve fund in the amount of the initial reserve requirement equal to maximum annual debt service; (ii) an administrative expense fund to fund a portion of the administrative expenses to be incurred in connection with administration of the Raintree Village I project area and the bonds; (iii) a cost of issuance fund; and (iv) a bond and interest fund created pursuant to the prior indenture. The proceeds of the 2024 Special Tax Refunding Bonds will be deposited into (i) a reserve fund in the amount of the initial reserve requirement equal to 50% of the maximum annual debt service; (ii) an administrative expense fund to fund a portion of the administrative expenses to be incurred in connection with administration of the Raintree Village Project areas and the 2024 refunding bonds; (iii) a costs of issuance fund; and (iv) a bond and interest fund created pursuant to the respective prior indentures to be applied, together with funds available for such * Preliminary and subject to change. 3 purpose under the indentures for the prior bonds, to the refunding of the prior bonds. FINAL MATURITY: SSA No. 2003-100 (Raintree Village I Project): March 1, 2033 SSA No. 2004-107 (Raintree Village II Project): March 1, 2035 AMORTIZATION*: SSA No. 2003-100 (Raintree Village I Project): Amortization will be in years 2025 through 2033. Average life is 5.256 years. SSA No. 2004-107 (Raintree Village II Project): Amortization will be in years 2025 through 2035. Average life is 6.448 years. LIEN PER UNIT*: Single-Family Duplex Townhome SSA No. 2003-100 $16,222.65 $13,307.03 N/A SSA No. 2004-107 $16,167.87 $14,329.87 $10,592.28 Market Value Lien Per Unit Value-to-Lien VALUE-TO-LIEN RATIO: SSA No. 2003-100 # # # SSA No. 2004-107 # # # DEBT SERVICE COVERAGE*: SSA No. 2003-100: 1.33x SSA No. 2004-107: 1.70x (Aggregate maximum parcel special taxes per the original bond ordinances, as adjusted for prepayments.) OPTIONAL REDEMPTION: The 2024 Special Tax Refunding Bonds will not be subject to optional redemption. SPECIAL MANDATORY REDEMPTION FROM PROPERTY OWNER PREPAYMENT: Property owners may prepay the Maximum Parcel Special Tax at any time. The proceeds received from any such prepayments will be used to redeem the 2024 Special Tax Refunding Bonds in part. Consequently, the 2024 Special Tax Refunding Bonds are also subject to mandatory redemption at any time, in part, from prepayments of the Special Tax from amounts available for disbursement from the Special Redemption Account (which includes optional prepayments of the Special Tax and amounts transferred from the Reserve Fund to the Special Redemption Account pursuant to the Trust Indenture) pursuant to the Trust Indenture, at a redemption price (expressed as a percentage of the principal amount of the 2024 Special Tax Refunding Bonds to be redeemed), as set forth below, together with accrued interest on such Bonds to the date fixed for redemption. From: Issue Date March 1, 2026 March 1, 2027 To and Including: February 28, 2026 February 28, 2027 Maturity Premium 2.00% 1.00% 0.00% Any special mandatory redemption of the 2024 Special Tax Refunding Bonds pursuant to the previous paragraph will be applied, to the extent possible, to reduce pro rata the amount of the 2024 Special Tax Refunding Bonds required to be redeemed by mandatory sinking fund redemption and to maintain the * Preliminary and subject to change. 4 proportion of principal maturing in each year to the total original principal amount of the 2024 Special Tax Refunding Bonds. ACCELERATION: The Indenture does not permit the acceleration of the principal of the 2024 refunding bonds upon the occurrence of an Event of Default under the Indenture. INTEREST PAYMENT DATES: March 1 and September 1 of each year, commencing on September 1, 2024. PRINCIPAL PAYMENT DATES: March 1, commencing on March 1, 2025. METHOD OF SALE: Public Offering. DENOMINATION: $100,000 with increments of $1,000 in excess thereof. BOND FORM: Book-entry only through DTC. TAXATION: Exempt from federal taxes; not subject to AMT; not exempt from State of Illinois income taxes. BOND COUNSEL: Saul Ewing. UNDERWRITER: D.A. Davidson. TRUSTEE: Amalgamated Bank of Chicago. BILLING AND COLLECTING: The County will bill and collect the special tax. ADMINISTRATOR: David Taussig & Associates (“DTA”). 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #1 Tracking Number PW 2024-10 2024 Water Main Improvements – Contract B City Council – January 23, 2024 PW – 1/16/24 Moved forward to City Council agenda. PW 2024-10 Majority Consideration of Contract Award 2024 Water Main Improvements Contract B – Recommendation to Award Brad Sanderson Engineering Name Department Bids were received, opened and tabulated for work to be done on the 2024 Water Main Improvements – Contract B at 11:00 a.m., January 9, 2024. Representatives of contractors bidding the project and our firm were in attendance. A tabulation of the bids and the engineer’s estimate is attached for your information and record. This project is a combination of water and roadway-related work. Water-related work consists of 92% of the work ($2,524,056.25) and roadway 8% ($210,588). Due potential conflicts with a ComEd transformer and other existing conditions, we recommend the use of directional drilling utilized in Alternate A. The recommended award value will consist of the base bid plus Alternate A. The low bid was below our engineer’s estimate and within the FY2025 budget. We recommend the acceptance of the bid and approval of award be made to the low bidder, Winninger Excavating, Inc., 1211 Deer Street, Yorkville, IL 60560, in the total amount of $2,734,644.25. 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 Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: January 10, 2024 Subject: 2024 Water Main Improvements – Contract B (Fox Industrial Park) Page 1 of 1BID TABULATIONENGINEER'S ESTIMATE H. Linden & Sons Sewer and Water, Inc. Kane County Excavating Performance Const & Eng LLCBIDS RECEIVED 11:00 A.M. 01/09/202452 Wheeler Road 722 E. South St., Unit D PO Box 554 217 W. John StreetSugar Grove, IL 60554 Plano, IL-60545 Hampshire, IL-60140 Plano, IL-60545BASE BID TOTAL$2,851,249.10 $2,853,784.10 $2,804,870.07 $2,985,270.00ALTERNATE A TOTAL$57,350.00 $93,000.00 $75,950.00 $74,400.00ALTERNATE B TOTAL$77,500.00 N/A $46,035.00 $69,750.00BID BOND XXXSIGNED BID XXXADDENDUM NO. 1XXXBID TABULATIONSwallow Construction J. Congdon Sewer Service, Inc. Winninger Excavating, Inc. D. Construction, Inc.BIDS RECEIVED 11:00 A.M. 01/09/2024 490 Topsoil Drive 170-A Alexandra Way 1211 Deer St 1488 S. BroadwayWest Chicago, IL-60185 Carol Stream, IL-60188 Yorkville, IL-60560 Coal City, IL-60416BASE BID TOTAL$3,098,624.90 $3,400,730.70 $2,666,444.25 $3,136,551.65ALTERNATE A TOTAL$77,500.00 $116,250.00 $68,200.00 $93,000.00ALTERNATE B TOTAL$69,750.00 $72,850.00 $53,010.00 $69,130.00BID BOND XX XXSIGNED BID XX XXADDENDNUM NO. 1XX XXBID TABULATIONPirTano Construction Co., Inc. Trine Construction Acqua ContractorsBIDS RECEIVED 11:00 A.M. 01/09/2024 1766 Armitage Court 1041 Trine Ct 551 S IL Route 83Addison, IL-60101 St. Charles, IL-60174 Elmhurst, IL-60126BASE BID TOTAL$2,731,430.94 $4,294,367.21 $3,195,380.00ALTERNATE A TOTAL$59,210.00 $194,270.80 $108,500.00ALTERNATE B TOTAL$34,100.00 $116,715.00 $85,250.00BID BOND XX XSIGNED BID XX XADDENDNUM NO. 1XX XBID SUMMARY2024 WATER MAIN IMPROVEMENTS-CONTRACT BUNITED CITY OF YORKVILLEENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BID TABULATION 2024 WATER MAIN IMPROVEMENTS-CONTRACT BUNITED CITY OF YORKVILLEBIDS RECD 1/9/2024ITEMUNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNITNO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT1 TREE REMOVALEACH 9 200.00$ 1,800.00$ 900.00$ 8,100.00$ 400.00$ 3,600.00$ 500.00$ 4,500.00$ 325.00$ 2,925.00$ 580.00$ 5,220.00$ 1,000.00$ 9,000.00$ 614.55$ 5,530.95$ 580.00$ 5,220.00$ 1,024.00$ 9,216.00$ 35.00$ 315.00$ 2 TREE ROOT PRUNING EACH 2 200.00$ 400.00$ 112.00$ 224.00$ 500.00$ 1,000.00$ 180.00$ 360.00$ 150.00$ 300.00$ 250.00$ 500.00$ 500.00$ 1,000.00$ 211.92$ 423.84$ 200.00$ 400.00$ 128.00$ 256.00$ 500.00$ 1,000.00$ 3 CONNECTION TO EXISTING WATER MAIN, 12-INCH EACH 2 5,300.00$ 10,600.00$ 6,080.00$ 12,160.00$ 6,800.00$ 13,600.00$ 5,000.00$ 10,000.00$ 15,000.00$ 30,000.00$ 12,500.00$ 25,000.00$ 4,000.00$ 8,000.00$ 15,000.00$ 30,000.00$ 6,000.00$ 12,000.00$ 10,500.00$ 21,000.00$ 4,500.00$ 9,000.00$ 4 CONNECTION TO EXISTING WATER MAIN, 8-INCH EACH 3 4,300.00$ 12,900.00$ 5,655.00$ 16,965.00$ 4,900.00$ 14,700.00$ 3,000.00$ 9,000.00$ 12,000.00$ 36,000.00$ 10,500.00$ 31,500.00$ 2,000.00$ 6,000.00$ 12,000.00$ 36,000.00$ 5,000.00$ 15,000.00$ 7,000.00$ 21,000.00$ 3,500.00$ 10,500.00$ 5WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 16-INCH LF 2,220240.00$ 532,800.00$ 202.50$ 449,550.00$ 194.50$ 431,790.00$ 209.00$ 463,980.00$ 250.00$ 555,000.00$ 275.00$ 610,500.00$ 252.00$ 559,440.00$ 300.00$ 666,000.00$ 240.00$ 532,800.00$ 445.90$ 989,898.00$ 215.00$ 477,300.00$ 6WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 12-INCH LF 1,303192.00$ 250,176.00$ 165.00$ 214,995.00$ 161.80$ 210,825.40$ 158.00$ 205,874.00$ 200.00$ 260,600.00$ 225.00$ 293,175.00$ 216.00$ 281,448.00$ 275.00$ 358,325.00$ 190.00$ 247,570.00$ 376.50$ 490,579.50$ 175.00$ 228,025.00$ 7 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 8-INCH LF 2,038175.00$ 356,650.00$ 145.00$ 295,510.00$ 146.50$ 298,567.00$ 125.00$ 254,750.00$ 150.00$ 305,700.00$ 185.00$ 377,030.00$ 168.00$ 342,384.00$ 235.00$ 478,930.00$ 170.00$ 346,460.00$ 321.50$ 655,217.00$ 125.00$ 254,750.00$ 8 BUTTERFLY VALVE IN 60" VAULT, 16-INCH EACH 6 12,000.00$ 72,000.00$ 10,500.00$ 63,000.00$ 13,800.00$ 82,800.00$ 11,800.00$ 70,800.00$ 15,000.00$ 90,000.00$ 11,500.00$ 69,000.00$ 15,305.00$ 91,830.00$ 13,000.00$ 78,000.00$ 10,000.00$ 60,000.00$ 17,843.84$ 107,063.04$ 10,000.00$ 60,000.00$ 9 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 12-INCH EACH 4 10,500.00$ 42,000.00$ 7,335.00$ 29,340.00$ 9,300.00$ 37,200.00$ 8,000.00$ 32,000.00$ 12,000.00$ 48,000.00$ 8,000.00$ 32,000.00$ 11,000.00$ 44,000.00$ 9,000.00$ 36,000.00$ 9,000.00$ 36,000.00$ 14,070.20$ 56,280.80$ 7,000.00$ 28,000.00$ 10 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 8-INCH EACH 6 6,500.00$ 39,000.00$ 5,525.00$ 33,150.00$ 7,500.00$ 45,000.00$ 6,000.00$ 36,000.00$ 10,000.00$ 60,000.00$ 6,000.00$ 36,000.00$ 9,000.00$ 54,000.00$ 7,000.00$ 42,000.00$ 8,000.00$ 48,000.00$ 10,096.78$ 60,580.68$ 5,000.00$ 30,000.00$ 11 GATE VALVE (RESILIENT SEAT) IN VALVE BOX, 12-INCH EACH 1 5,900.00$ 5,900.00$ 5,000.00$ 5,000.00$ 6,550.00$ 6,550.00$ 5,000.00$ 5,000.00$ 8,000.00$ 8,000.00$ 5,500.00$ 5,500.00$ 6,000.00$ 6,000.00$ 6,500.00$ 6,500.00$ 6,000.00$ 6,000.00$ 7,732.96$ 7,732.96$ 3,000.00$ 3,000.00$ 12 GATE VALVE (RESILIENT SEAT) IN VALVE BOX, 8-INCH EACH 2 3,300.00$ 6,600.00$ 2,965.00$ 5,930.00$ 4,750.00$ 9,500.00$ 3,000.00$ 6,000.00$ 6,500.00$ 13,000.00$ 3,500.00$ 7,000.00$ 4,500.00$ 9,000.00$ 4,250.00$ 8,500.00$ 5,000.00$ 10,000.00$ 5,494.18$ 10,988.36$ 2,750.00$ 5,500.00$ 13 GATE VALVE (RESILIENT SEAT) IN VALVE BOX, 6-INCH EACH 2 2,400.00$ 4,800.00$ 2,330.00$ 4,660.00$ 4,750.00$ 9,500.00$ 2,500.00$ 5,000.00$ 6,000.00$ 12,000.00$ 2,800.00$ 5,600.00$ 3,500.00$ 7,000.00$ 4,000.00$ 8,000.00$ 4,000.00$ 8,000.00$ 4,685.70$ 9,371.40$ 2,500.00$ 5,000.00$ 14 FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ EACH 18 10,500.00$ 189,000.00$ 8,090.00$ 145,620.00$ 6,500.00$ 117,000.00$ 8,000.00$ 144,000.00$ 13,000.00$ 234,000.00$ 12,500.00$ 225,000.00$ 11,170.00$ 201,060.00$ 7,000.00$ 126,000.00$ 10,000.00$ 180,000.00$ 10,789.82$ 194,216.76$ 10,000.00$ 180,000.00$ 15 SERVICE BOX COVER (SPECIAL) EACH 3300.00$ 900.00$ 146.00$ 438.00$ 500.00$ 1,500.00$ 300.00$ 900.00$ 500.00$ 1,500.00$ 500.00$ 1,500.00$ 500.00$ 1,500.00$ 165.00$ 495.00$ 500.00$ 1,500.00$ 714.80$ 2,144.40$ 500.00$ 1,500.00$ 16 FIRE HYDRANT TO BE REMOVED EACH 16 600.00$ 9,600.00$ 699.00$ 11,184.00$ 1,300.00$ 20,800.00$ 250.00$ 4,000.00$ 600.00$ 9,600.00$ 250.00$ 4,000.00$ 3,000.00$ 48,000.00$ 500.00$ 8,000.00$ 500.00$ 8,000.00$ 1,566.75$ 25,068.00$ 500.00$ 8,000.00$ 17 DUCTILE IRON FITTINGS LB 10,155 0.01$ 101.55$ 10.00$ 101,550.00$ 12.40$ 125,922.00$ 7.00$ 71,085.00$ 0.01$ 101.55$ 0.01$ 101.55$ 0.01$ 101.55$ 0.01$ 101.55$ 0.01$ 101.55$ 0.01$ 101.55$ 12.00$ 121,860.00$ 18 WATER MAIN PROTECTION, PVC C-900, 18-INCH LF 231 70.00$ 16,170.00$ 167.00$ 38,577.00$ 75.50$ 17,440.50$ 150.00$ 34,650.00$ 80.00$ 18,480.00$ 200.00$ 46,200.00$ 231.00$ 53,361.00$ 160.00$ 36,960.00$ 50.00$ 11,550.00$ 247.83$ 57,248.73$ 65.00$ 15,015.00$ 19 WATER MAIN PROTECTION, PVC C-900, 24-INCH LF 84 110.00$ 9,240.00$ 223.00$ 18,732.00$ 150.00$ 12,600.00$ 220.00$ 18,480.00$ 130.00$ 10,920.00$ 225.00$ 18,900.00$ 306.00$ 25,704.00$ 220.00$ 18,480.00$ 60.00$ 5,040.00$ 322.99$ 27,131.16$ 85.00$ 7,140.00$ 20 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 1 TON 50 60.00$ 3,000.00$ 60.00$ 3,000.00$ 75.00$ 3,750.00$ 60.00$ 3,000.00$ 50.00$ 2,500.00$ 1.00$ 50.00$ 100.00$ 5,000.00$ 120.00$ 6,000.00$ 50.00$ 2,500.00$ 25.60$ 1,280.00$ 74.00$ 3,700.00$ 21 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 2 TON 50 60.00$ 3,000.00$ 60.00$ 3,000.00$ 75.00$ 3,750.00$ 60.00$ 3,000.00$ 50.00$ 2,500.00$ 1.00$ 50.00$ 50.00$ 2,500.00$ 120.00$ 6,000.00$ 50.00$ 2,500.00$ 25.60$ 1,280.00$ 74.00$ 3,700.00$ 22 FOUNDATION MATERIAL CY 100 1.00$ 100.00$ 110.00$ 11,000.00$ 50.00$ 5,000.00$ 1.00$ 100.00$ 40.00$ 4,000.00$ 65.00$ 6,500.00$ 60.00$ 6,000.00$ 45.00$ 4,500.00$ 68.00$ 6,800.00$ 102.40$ 10,240.00$ 50.00$ 5,000.00$ 23 EXPLORATORY EXCAVATION EACH 5500.00$ 2,500.00$ 700.00$ 3,500.00$ 750.00$ 3,750.00$ 450.00$ 2,250.00$ 500.00$ 2,500.00$ 550.00$ 2,750.00$ 1,000.00$ 5,000.00$ 1,000.00$ 5,000.00$ 500.00$ 2,500.00$ 1,312.50$ 6,562.50$ 1,500.00$ 7,500.00$ 24 WATER SERVICE CONNECTION, 6-INCH EACH 2 3,500.00$ 7,000.00$ 3,485.00$ 6,970.00$ 3,600.00$ 7,200.00$ 3,000.00$ 6,000.00$ 8,500.00$ 17,000.00$ 3,350.00$ 6,700.00$ 3,500.00$ 7,000.00$ 9,500.00$ 19,000.00$ 12,000.00$ 24,000.00$ 8,968.93$ 17,937.86$ 3,500.00$ 7,000.00$ 25 WATER SERVICE CONNECTION, 1-INCH EACH 41 2,000.00$ 82,000.00$ 1,225.00$ 50,225.00$ 2,500.00$ 102,500.00$ 3,000.00$ 123,000.00$ 2,500.00$ 102,500.00$ 2,100.00$ 86,100.00$ 2,500.00$ 102,500.00$ 2,000.00$ 82,000.00$ 6,000.00$ 246,000.00$ 3,025.64$ 124,051.24$ 2,600.00$ 106,600.00$ 26 WATER SERVICE PIPE, 6-INCH DIP LF 40 120.00$ 4,800.00$ 49.00$ 1,960.00$ 140.50$ 5,620.00$ 110.00$ 4,400.00$ 175.00$ 7,000.00$ 110.00$ 4,400.00$ 145.00$ 5,800.00$ 300.00$ 12,000.00$ 125.00$ 5,000.00$ 168.84$ 6,753.60$ 115.00$ 4,600.00$ 27 WATER SERVICE PIPE, PEX, 1-INCH LF 1,653 3.00$ 4,959.00$ 46.00$ 76,038.00$ 42.50$ 70,252.50$ 10.00$ 16,530.00$ 25.00$ 41,325.00$ 35.00$ 57,855.00$ 40.00$ 66,120.00$ 2.00$ 3,306.00$ 25.00$ 41,325.00$ 36.54$ 60,400.62$ 5.00$ 8,265.00$ 28 VALVE VAULT TO BE ABANDONED EACH 17 600.00$ 10,200.00$ 495.00$ 8,415.00$ 1,300.00$ 22,100.00$ 300.00$ 5,100.00$ 500.00$ 8,500.00$ 210.00$ 3,570.00$ 1,000.00$ 17,000.00$ 400.00$ 6,800.00$ 500.00$ 8,500.00$ 350.00$ 5,950.00$ 100.00$ 1,700.00$ 29 SANITARY SEWER SERVICE REPAIR, PVC SDR-26, D-2241, 6-INCH EACH 5 600.00$ 3,000.00$ 1,100.00$ 5,500.00$ 2,500.00$ 12,500.00$ 100.00$ 500.00$ 750.00$ 3,750.00$ 3,300.00$ 16,500.00$ 3,500.00$ 17,500.00$ 2,000.00$ 10,000.00$ 500.00$ 2,500.00$ 1,578.10$ 7,890.50$ 1,500.00$ 7,500.00$ 30 EROSION RIPRAP REMOVAL AND REPLACEMENT SF 415 6.00$ 2,490.00$ 8.00$ 3,320.00$ 15.60$ 6,474.00$ 10.00$ 4,150.00$ 25.00$ 10,375.00$ 13.00$ 5,395.00$ 50.00$ 20,750.00$ 10.00$ 4,150.00$ 5.00$ 2,075.00$ 29.74$ 12,342.10$ 25.00$ 10,375.00$ 31 DISCONNECT AND ABANDON EXISTING WATER MAIN EACH 2 4,500.00$ 9,000.00$ 5,660.00$ 11,320.00$ 10,500.00$ 21,000.00$ 3,000.00$ 6,000.00$ 2,500.00$ 5,000.00$ 8,000.00$ 16,000.00$ 5,000.00$ 10,000.00$ 5,000.00$ 10,000.00$ 24,000.00$ 48,000.00$ 5,250.00$ 10,500.00$ 2,500.00$ 5,000.00$ 32 INLET PROTECTIONEACH 30 50.00$ 1,500.00$ 300.00$ 9,000.00$ 130.00$ 3,900.00$ 140.00$ 4,200.00$ 100.00$ 3,000.00$ 210.00$ 6,300.00$ 250.00$ 7,500.00$ 200.00$ 6,000.00$ 50.00$ 1,500.00$ 342.45$ 10,273.50$ 150.00$ 4,500.00$ 33 WATER MAIN TESTING - PRESSURE AND DISINFECTION LS 1 15,000.00$ 15,000.00$ 6,165.00$ 6,165.00$ 7,500.00$ 7,500.00$ 2,000.00$ 2,000.00$ 15,000.00$ 15,000.00$ 26,000.00$ 26,000.00$ 30,000.00$ 30,000.00$ 11,095.00$ 11,095.00$ 25,000.00$ 25,000.00$ 9,386.24$ 9,386.24$ 18,000.00$ 18,000.00$ 34 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION SY 2,124 1.50$ 3,186.00$ 2.75$ 5,841.00$ 4.20$ 8,920.80$ 2.00$ 4,248.00$ 1.50$ 3,186.00$ 5.00$ 10,620.00$ 3.00$ 6,372.00$ 3.00$ 6,372.00$ 1.00$ 2,124.00$ 3.20$ 6,796.80$ 4.00$ 8,496.00$ 35 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIALS CY 708 20.00$ 14,160.00$ 91.00$ 64,428.00$ 22.00$ 15,576.00$ 42.00$ 29,736.00$ 15.00$ 10,620.00$ 33.25$ 23,541.00$ 50.00$ 35,400.00$ 30.00$ 21,240.00$ 58.00$ 41,064.00$ 44.80$ 31,718.40$ 50.00$ 35,400.00$ 36 AGGREGATE SUBGRADE IMPROVEMENT CY 708 30.00$ 21,240.00$ 51.00$ 36,108.00$ 48.50$ 34,338.00$ 38.00$ 26,904.00$ 15.00$ 10,620.00$ 46.00$ 32,568.00$ 50.00$ 35,400.00$ 30.00$ 21,240.00$ 30.00$ 21,240.00$ 19.20$ 13,593.60$ 55.00$ 38,940.00$ 37 HOT-MIX ASPHALT SURFACE REMOVAL, 3" SY 14,163 3.20$ 45,321.60$ 3.50$ 49,570.50$ 3.39$ 48,012.57$ 4.00$ 56,652.00$ 3.05$ 43,197.15$ 3.25$ 46,029.75$ 5.00$ 70,815.00$ 3.25$ 46,029.75$ 3.05$ 43,197.15$ 7.55$ 106,930.65$ 6.00$ 84,978.00$ 38 HOT-MIX ASPHALT PAVEMENT REMOVAL - FULL DEPTH WATER MAIN TRENCH SY 2,942 3.00$ 8,826.00$ 3.00$ 8,826.00$ 12.60$ 37,069.20$ 3.00$ 8,826.00$ 3.50$ 10,297.00$ 3.50$ 10,297.00$ 5.00$ 14,710.00$ 3.10$ 9,120.20$ 2.90$ 8,531.80$ 15.36$ 45,189.12$ 10.00$ 29,420.00$ 39ROADWAY EDGE SEALING LF 9,8521.00$ 9,852.00$ 1.50$ 14,778.00$ 1.60$ 15,763.20$ 1.50$ 14,778.00$ 1.20$ 11,822.40$ 1.25$ 12,315.00$ 5.00$ 49,260.00$ 1.25$ 12,315.00$ 1.20$ 11,822.40$ 4.48$ 44,136.96$ 2.00$ 19,704.00$ 40 BITUMINOUS MATERIALS (TACK COAT) LBS 9,610 0.01$ 96.10$ 0.05$ 480.50$ 0.02$ 192.20$ 0.01$ 96.10$ 0.01$ 96.10$ 0.01$ 96.10$ 0.01$ 96.10$ 0.01$ 96.10$ 0.01$ 96.10$ 0.01$ 96.10$ 0.01$ 96.10$ 41 HOT-MIX ASPHALT BINDER COURSE, IL-9.5, N50, 1.5" TON 1,266100.00$ 126,600.00$ 101.00$ 127,866.00$ 101.50$ 128,499.00$ 99.00$ 125,334.00$ 90.00$ 113,940.00$ 92.00$ 116,472.00$ 80.00$ 101,280.00$ 93.00$ 117,738.00$ 90.00$ 113,940.00$ 121.60$ 153,945.60$ 100.00$ 126,600.00$ 42 HOT-MIX ASPHALT SURFACE COURSE, MIX 'D', N50, 1.5" TON 1,266100.00$ 126,600.00$ 101.00$ 127,866.00$ 101.50$ 128,499.00$ 99.00$ 125,334.00$ 90.00$ 113,940.00$ 92.00$ 116,472.00$ 85.00$ 107,610.00$ 93.00$ 117,738.00$ 90.00$ 113,940.00$ 121.60$ 153,945.60$ 100.00$ 126,600.00$ 43 PARTIAL DEPTH PATCHING, 4" SY 2,737 30.00$ 82,110.00$ 45.00$ 123,165.00$ 52.60$ 143,966.20$ 44.00$ 120,428.00$ 40.50$ 110,848.50$ 40.50$ 110,848.50$ 40.00$ 109,480.00$ 42.00$ 114,954.00$ 40.50$ 110,848.50$ 53.12$ 145,389.44$ 60.00$ 164,220.00$ 44 TEMPORARY PATCHING, 2" SY 2,737 20.00$ 54,740.00$ 32.00$ 87,584.00$ 33.00$ 90,321.00$ 30.00$ 82,110.00$ 10.00$ 27,370.00$ 33.00$ 90,321.00$ 30.00$ 82,110.00$ 29.00$ 79,373.00$ 28.00$ 76,636.00$ 0.01$ 27.37$ 45.00$ 123,165.00$ 45 PCC SIDEWALK REMOVAL AND REPLACEMENT, 5" SF 16 43.00$ 688.00$ 32.00$ 512.00$ 39.50$ 632.00$ 30.00$ 480.00$ 30.00$ 480.00$ 28.00$ 448.00$ 100.00$ 1,600.00$ 35.00$ 560.00$ 30.00$ 480.00$ 41.60$ 665.60$ 12.00$ 192.00$ Coal City, IL-60416Plano, IL-60545 1488 S. Broadway217 W. John Street52 Wheeler RoadSugar Grove, IL 60554Addison, IL-60101Yorkville, IL-60560 Carol Stream, IL-60188 Plano, IL-60545 St. Charles, IL-60174Elmhurst, IL-60126Acqua ContractorsD. Construction, Inc.Performance Const & Eng LLCENGINEER'S ESTIMATE1766 Armitage Court1211 Deer St170-A Alexandra Way722 E. South St., Unit D1041 Trine Ct551 S IL Route 83BID TABULATIONPirTano Construction Co., Inc.Winninger Excavating, Inc.J. Congdon Sewer Service, Inc.H. Linden & Sons Sewer and Water, Inc.Trine ConstructionSwallow Construction490 Topsoil DriveWest Chicago, IL-60185 Kane County ExcavatingPO Box 554Hampshire, IL-60140 ENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BID TABULATION 2024 WATER MAIN IMPROVEMENTS-CONTRACT BUNITED CITY OF YORKVILLEBIDS RECD 1/9/2024ITEMUNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNITNO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNTCoal City, IL-60416Plano, IL-60545 1488 S. Broadway217 W. John Street52 Wheeler RoadSugar Grove, IL 60554Addison, IL-60101Yorkville, IL-60560 Carol Stream, IL-60188 Plano, IL-60545 St. Charles, IL-60174Elmhurst, IL-60126Acqua ContractorsD. Construction, Inc.Performance Const & Eng LLCENGINEER'S ESTIMATE1766 Armitage Court1211 Deer St170-A Alexandra Way722 E. South St., Unit D1041 Trine Ct551 S IL Route 83BID TABULATIONPirTano Construction Co., Inc.Winninger Excavating, Inc.J. Congdon Sewer Service, Inc.H. Linden & Sons Sewer and Water, Inc.Trine ConstructionSwallow Construction490 Topsoil DriveWest Chicago, IL-60185 Kane County ExcavatingPO Box 554Hampshire, IL-60140 46 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT LF 3,777 50.00$ 188,850.00$ 48.00$ 181,296.00$ 51.50$ 194,515.50$ 47.00$ 177,519.00$ 45.00$ 169,965.00$ 43.00$ 162,411.00$ 60.00$ 226,620.00$ 50.00$ 188,850.00$ 45.00$ 169,965.00$ 50.88$ 192,173.76$ 50.00$ 188,850.00$ 47 SANITARY MANHOLE TO BE ADJUSTED EACH 10 1,100.00$ 11,000.00$ 809.00$ 8,090.00$ 950.00$ 9,500.00$ 1,500.00$ 15,000.00$ 1,200.00$ 12,000.00$ 825.00$ 8,250.00$ 1,500.00$ 15,000.00$ 1,500.00$ 15,000.00$ 1,100.00$ 11,000.00$ 1,323.00$ 13,230.00$ 1,400.00$ 14,000.00$ 48 MANHOLE TO BE ADJUSTED EACH 2 750.00$ 1,500.00$ 416.00$ 832.00$ 450.00$ 900.00$ 1,000.00$ 2,000.00$ 800.00$ 1,600.00$ 350.00$ 700.00$ 1,000.00$ 2,000.00$ 1,000.00$ 2,000.00$ 920.00$ 1,840.00$ 976.12$ 1,952.24$ 800.00$ 1,600.00$ 49 INLET TO BE ADJUSTED EACH 17 600.00$ 10,200.00$ 416.00$ 7,072.00$ 450.00$ 7,650.00$ 1,000.00$ 17,000.00$ 550.00$ 9,350.00$ 225.00$ 3,825.00$ 800.00$ 13,600.00$ 1,400.00$ 23,800.00$ 890.00$ 15,130.00$ 521.12$ 8,859.04$ 850.00$ 14,450.00$ 50 HOT-MIX ASPHALT DRIVEWAY REMOVAL SY 1,136 10.50$ 11,928.00$ 13.00$ 14,768.00$ 11.50$ 13,064.00$ 10.00$ 11,360.00$ 11.30$ 12,836.80$ 13.00$ 14,768.00$ 15.00$ 17,040.00$ 12.00$ 13,632.00$ 11.30$ 12,836.80$ 15.36$ 17,448.96$ 5.00$ 5,680.00$ 51 HOT-MIX ASPHALT DRIVEWAY 3-INCH SY 1,136 37.00$ 42,032.00$ 35.00$ 39,760.00$ 35.00$ 39,760.00$ 35.00$ 39,760.00$ 31.40$ 35,670.40$ 32.00$ 36,352.00$ 30.00$ 34,080.00$ 43.00$ 48,848.00$ 31.40$ 35,670.40$ 49.92$ 56,709.12$ 40.00$ 45,440.00$ 52 PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL SY 217 19.00$ 4,123.00$ 16.00$ 3,472.00$ 16.00$ 3,472.00$ 10.00$ 2,170.00$ 14.00$ 3,038.00$ 14.00$ 3,038.00$ 20.00$ 4,340.00$ 15.00$ 3,255.00$ 20.00$ 4,340.00$ 15.36$ 3,333.12$ 24.00$ 5,208.00$ 53 PORTLAND CEMENT CONCRETE DRIVEWAY 6-INCH SY 217 125.00$ 27,125.00$ 112.00$ 24,304.00$ 155.00$ 33,635.00$ 100.00$ 21,700.00$ 100.00$ 21,700.00$ 100.00$ 21,700.00$ 100.00$ 21,700.00$ 110.00$ 23,870.00$ 99.00$ 21,483.00$ 134.40$ 29,164.80$ 105.00$ 22,785.00$ 54 AGGREGATE SHOULDER REMOVAL AND REPLACEMENT SY 92 40.00$ 3,680.00$ 19.00$ 1,748.00$ 16.50$ 1,518.00$ 20.00$ 1,840.00$ 35.00$ 3,220.00$ 43.00$ 3,956.00$ 20.00$ 1,840.00$ 32.00$ 2,944.00$ 12.00$ 1,104.00$ 64.00$ 5,888.00$ 40.00$ 3,680.00$ 55 MAILBOX TO BE REMOVED AND RESET EACH 4200.00$ 800.00$ 648.00$ 2,592.00$ 750.00$ 3,000.00$ 200.00$ 800.00$ 300.00$ 1,200.00$ 200.00$ 800.00$ 500.00$ 2,000.00$ 500.00$ 2,000.00$ 250.00$ 1,000.00$ 525.00$ 2,100.00$ 300.00$ 1,200.00$ 56 SIGN TO BE REMOVED AND RESET EACH 3200.00$ 600.00$ 162.00$ 486.00$ 750.00$ 2,250.00$ 300.00$ 900.00$ 150.00$ 450.00$ 300.00$ 900.00$ 500.00$ 1,500.00$ 300.00$ 900.00$ 300.00$ 900.00$ 684.00$ 2,052.00$ 200.00$ 600.00$ 57 LANDSCAPING TO BE REMOVED AND RESET EACH 6 1,000.00$ 6,000.00$ 3,363.00$ 20,178.00$ 750.00$ 4,500.00$ 2,000.00$ 12,000.00$ 1,200.00$ 7,200.00$ 500.00$ 3,000.00$ 200.00$ 1,200.00$ 1,600.00$ 9,600.00$ 1,200.00$ 7,200.00$ 5,250.00$ 31,500.00$ 100.00$ 600.00$ 58 RESTORATIONSY 3,500 10.00$ 35,000.00$ 17.00$ 59,500.00$ 9.75$ 34,125.00$ 10.00$ 35,000.00$ 13.00$ 45,500.00$ 12.00$ 42,000.00$ 20.00$ 70,000.00$ 12.00$ 42,000.00$ 15.00$ 52,500.00$ 15.36$ 53,760.00$ 20.00$ 70,000.00$ 59 TRAFFIC CONTROL AND PROTECTION LS 1 91,000.00$ 91,000.00$ 36,184.00$ 36,184.00$ 40,000.00$ 40,000.00$ 335,200.00$ 335,200.00$ 254,046.10$ 254,046.10$ 165,000.00$ 165,000.00$ 30,000.00$ 30,000.00$ 111,807.61$ 111,807.61$ 540,000.00$ 540,000.00$ 113,818.43$ 113,818.43$ 50,000.00$ 50,000.00$ 60 ALLOWANCE - ITEMS ORDERED BY THE ENGINEER UNIT 30,000 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ BASE BID TOTAL2,666,444.25$ 2,731,405.00$ 2,804,870.07$ 2,853,784.10$ 2,985,270.00$ 3,098,624.90$ 3,136,551.65$ 3,195,380.00$ 3,400,730.70$ 4,294,367.21$ 2,851,249.10$ CORRECTED NUMBERS FROM BIDALTERNATE A - DIRECTIONAL DRILL (STA. 85+48 TO 88+58)WATER MAIN, 12-INCH D.I.P, DIRECTIONAL DRILLLF 310 220.00$ 68,200.00$ 191.00$ 59,210.00$ 245.00$ 75,950.00$ 300.00$ 93,000.00$ 240.00$ 74,400.00$ 250.00$ 77,500.00$ 300.00$ 93,000.00$ 350.00$ 108,500.00$ 375.00$ 116,250.00$ 626.68$ 194,270.80$ 185.00$ 57,350.00$ ALTERNATE A TOTAL68,200.00$ 59,210.00$ 75,950.00$ 93,000.00$ 74,400.00$ 77,500.00$ 93,000.00$ 108,500.00$ 116,250.00$ 194,270.80$ 57,350.00$ ALTERNATE B -OPEN CUT (STA. 85+48 TO 88+58)WATER MAIN, 12-INCH D.I.P, OPEN CUTLF 310 171.00$ 53,010.00$ 110.00$ 34,100.00$ 148.50$ 46,035.00$ N/A N/A 225.00$ 69,750.00$ 225.00$ 69,750.00$ 223.00$ 69,130.00$ 275.00$ 85,250.00$ 235.00$ 72,850.00$ 376.50$ 116,715.00$ 250.00$ 77,500.00$ ALTERNATE B TOTAL53,010.00$ 34,100.00$ 46,035.00$ N/A 69,750.00$ 69,750.00$ 69,130.00$ 85,250.00$ 72,850.00$ 116,715.00$ 77,500.00$ BASE BID + ALTERNATE A 2,734,644.25$ 2,790,615.00$ 2,880,820.07$ 2,946,784.10$ 3,059,670.00$ 3,176,124.90$ 3,229,551.65$ 3,303,880.00$ 3,516,980.70$ 4,488,638.01$ 2,908,599.10$ ABOVE/BELOW ENGINEERS ESTIMATE (BASE BID)-6.48% -4.20% -1.63% 0.09% 4.70% 8.68% 10.01% 12.07% 19.27% 50.61%ABOVE/BELOW ENGINEERS ESTIMATE (BASE BID + ALTERNATE A)-5.98% -4.06% -0.96% 1.31% 5.19% 9.20% 11.03% 13.59% 20.92% 54.32%ENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!(!( !(!( !( !( !(!(!(!(!( !( !(!(!( !(!( !( !( !( !(!( !( !( !(!( !( !(!( !( !( !( !( !(!(!( !( !( !( !(!( !(!(!( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !(!( !(!(BridgeMillOrange DeerMainSchoolhouse BeaverStateColonialAdrian WolfBadgerGarden Dolph Green Briar Elizabeth Illini Olsen Wooden BridgeWalterBlaine Benjamin Wood SageBeecher HeustisTomasikTrilliumEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 Legend 2024 Water Main Replacement !(VALVE GF HYDRANT Water Main UNKNOWN WATER MAIN Diameter 3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN 2024 WATER MAI N REPLACEME NT - CON TRACT B www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: MAY 2023 YO2315 YO2315_2024 Water Main Replacement Contract B. MXD H:\GIS\PUBLIC\YORKVILLE\2023\ MJT ³ 1,000 0500 Feet 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #2 Tracking Number PW 2024-11 2024 Water Main Improvements – Contract B (Fox Industrial) – Construction Engineering City Council – January 23, 2024 PW – 1/16/24 Moved forward to City Council agenda. PW 2024-11 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a construction engineering agreement with EEI for the 2024 Watermain Improvements Contract B (Fox Industrial) project. Background This item was last discussed in May 2023, when the City Council approved two design engineering contracts (A and B) for the 2024 watermain replacement program. Since then, EEI has completed the design, put the project out to bid, and is recommending awarding the Contract B work to Winninger Excavating. If approved at the January 23rd City Council meeting, work would likely begin in March/April and be complete by mid-August. Accordingly, EEI has submitted a construction engineering contract for the project. The agreement submitted by EEI covers construction engineering services only. The total cost of the contract is estimated at $235,234. Funds for this contract are included in the FY 24 budget and proposed FY 25 budget. Recommendation Staff recommends approval of the construction engineering agreement with EEI for the 2024 Watermain Improvements Contract B (Fox Industrial) project. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 11, 2024 Subject: 2024 Watermain Improvements – Contract B (Fox Industrial) – construction engineering agreement 2024 Water Main Improvements – Contract B (Fox Industrial) United City of Yorkville Professional Services Agreement – Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The ENGINEER shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Construction engineering will be provided for approximately 2,038 linear feet of 8-inch, 1,613 linear feet of 12-inch, and 2,303 linear feet of 16-inch water main improvements, as well as roadway resurfacing and curb and gutter improvements along Beaver Street, Badger Street, Wolf Street, and Deer Street (see Attachment E for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $221,584. Direct expenses are estimated at $13,650. The hourly rates for this project are shown in the attached 2023 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. 2024 Water Main Improvements – Contract B (Fox Industrial) United City of Yorkville Professional Services Agreement Construction Engineering E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the Freedom of Information Act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without Contractor’s consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). 2024 Water Main Improvements – Contract B (Fox Industrial) United City of Yorkville Professional Services Agreement Construction Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal 2024 Water Main Improvements – Contract B (Fox Industrial) United City of Yorkville Professional Services Agreement Construction Engineering sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non-resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally 2024 Water Main Improvements – Contract B (Fox Industrial) United City of Yorkville Professional Services Agreement Construction Engineering or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: Location Map Attachment F: 2023 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2024. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Brad Sanderson, P.E. Mayor Chief Operating Officer / President _________________________________ ________________________________ Jori Behland Angie Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. JUNE 2023 PAGE 1 STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumst ances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furn ish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agen ts or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose o f assessing if upon installation or incorporation in the project work they are generally consistent with the construction docum ents.  OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents .  OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions.  The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope.  Through standard , reasonable means the ENGINEER will become generally familiar with observable completed work.  If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinio n of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of tex t, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in el ectronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at th e beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the t ermination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition . In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNE R: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of ENGINEERING ENTERPRISES, INC. JUNE 2023 PAGE 2 profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have i ncurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warran ty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ writte n notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to car ry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions b eing taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of in voices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of th e provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonab le fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. Attachment B – Scope of Services 2024 Water Main Improvements – Contract B (Fox Industrial) United City of Yorkville The United City of Yorkville intends to install approximately 2,038 linear feet of 8-inch, 1,613 linear feet of 12-inch, and 2,303 linear feet of 16-inch water main improvements, as well as roadway resurfacing and curb and gutter improvements along Beaver Street, Badger Street, Wolf Street, and Deer Street. Our proposed cope of services for Construction Engineering will include the following: 3.1 Construction Administration • Prepare for, Attend and Facilitate the Preconstruction Meeting with the Contractor Including Preparation of Meeting Minutes • Shop Drawing Review • Prepare and Handout Construction Notice Flyers to Residents Including Temporary Water Loss Notices • Coordinate with City Services (Garbage, Mail, Etc.) • Review Engineering Plans, Specifications and Prepare Field Book • Prepare Pay Estimates and Change Orders • Gather Invoices and Waivers of Lien • Provide Weekly Updates to City or as Required Based on Onsite Activities 3.2 Construction Layout and Record Drawings • Stake Proposed Water Main • Perform Post Construction Field Survey for Record Drawings • Prepare and Review Record Drawings 3.3 Construction Observation and Documentation • Review Staked Water Main • Take Pre-Construction Videos and Photos of Pre-Existing Conditions • Provide Resident Engineering Services for Construction • Coordinate Any Required Testing on Behalf of the City and Review Test Reports • Provide Quantity Tracking, Documentation and Daily Field Reports • Perform Punch Walks, Prepare Punch List Letters and Provide Follow Up Inspections and Recommend Acceptance When Appropriate (2 Each) • Prepare Project Closeout Paperwork The following scope of services will be provided by EEI’s Subconsultant: • Rubino Engineering – Material Testing for Quality Assurance The above scope for “2024 Water Main Improvements – Contract B (Fox Industrial)” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBERUnited City of YorkvilleYO2315-PPROJECT TITLEDATE PREPARED BY2024 Water Main Improvements - Contract B (Fox Industrial) 1/10/24ROLE PIC PM PE PT PM SPT2 PE ADMINRATE $239 $204 $162 $146 $204 $167 $162 $70CONSTRUCTION ENGINEERING3.1 Contract Administration 10 48 60 49 - - - 2 169 29,196$ 3.2 Construction Layout and Record Drawings - 6 - 4 9 50 18 - 87 14,910$ 3.3 Observation and Documentation 2 62 44 1,074 - - - 6 1,188 177,478$ Construction Engineering Subtotal: 12 116 104 1,127 9 50 18 8 1,444 221,584$ 12 116 104 1,127 9 50 18 8 1,444 221,584 DIRECT EXPENSESPrinting/Scanning = 150$ Vehicle = 6,500$ Material Testing = 7,000$ Environmental Assessment = -$ DIRECT EXPENSES = 13,650$ LABOR SUMMARYEEI Labor Expenses = 208,482$ Surveying Expenses = 13,102$ Drafting Expenses = -$ TOTAL LABOR EXPENSES221,584$ TOTAL COSTS 235,234$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:KDWCOSTTASK NO.TASK DESCRIPTIONHOURS ATTACHMENT D: ESTIMATED SCHEDULECLIENT United City of YorkvillePROJECT TITLE2024 Water Main Improvements - Contract B (Fox Industrial)123412341234123412341234CONSTRUCTION ENGINEERING3.1 Contract Administration3.2 Construction Layout and Record Drawings3.3 Observation and Documentation - Water Main 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT NUMBERDATEYO2315-PJuly1/10/2024PREPARED BYKDW2024AugustTASK NO.TASK DESCRIPTIONMarch April May June GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!(!( !(!( !( !( !(!(!(!(!( !( !(!(!( !(!( !( !( !( !(!( !( !( !(!( !( !(!( !( !( !( !( !(!(!( !( !( !( !(!( !(!(!( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !(!( !(!(BridgeMillOrange DeerMainSch o o l h o u s e BeaverStateColonialAdrian WolfBadgerGarden Dolph Green Briar Elizabeth Illini Olsen Wooden BridgeWalterBlaine Be n j a m i n Wood SageBeecher HeustisTomasikTrilliumEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 Legend 2024 Water Main Replacement !(VALVE GF HYDRANT Water Main UNKNOWN WATER MAIN Diameter 3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN 2024 WATER MAIN REPLACEMENT - CONTRACT B ATTACHMENT Ewww.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: MAY 2023 YO2315 YO2315_2024 Water Main Replacement Contract B. MXD H:\GIS\PUBLIC\YORKVILLE\2023\ MJT ³ 1,000 0500 Feet EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $239.00 Principal E-3 $234.00 Senior Project Manager E-2 $227.00 Project Manager E-1 $204.00 Senior Project Engineer/Surveyor II P-6 $192.00 Senior Project Engineer/Surveyor I P-5 $179.00 Project Engineer/Surveyor P-4 $162.00 Senior Engineer/Surveyor P-3 $149.00 Engineer/Surveyor P-2 $135.00 Associate Engineer/Surveyor P-1 $122.00 Senior Project Technician II T-6 $167.00 Senior Project Technician I T-5 $156.00 Project Technician T-4 $146.00 Senior Technician T-3 $135.00 Technician T-2 $122.00 Associate Technician T-1 $107.00 GIS Technician II G-2 $119.00 GIS Technician I G-1 $110.00 Engineering/Land Surveying Intern I-1 $ 79.00 Executive Administrative Assistant A-4 $ 75.00 Administrative Assistant A-3 $ 70.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00 Expert Testimony $ 271.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023 ATTACHMENT F 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #3 Tracking Number PW 2024-12 Public Works Building – Architect Contract with Kluber, Inc. City Council – January 23, 2024 PW – 1/16/24 Moved forward to City Council agenda. PW 2024-12 Majority Approval Bart Olson Administration Name Department Summary Consideration of an agreement with Kluber, Inc for architectural services and EEI for site development design services for the proposed Public Works and Parks facility. Background This item was last discussed at the January 2024 Public Works Committee meeting. At that meeting, the committee heard a verbal report from staff about the contents of the attached agreements with EEI and Kluber for services related to the proposed Public Works and Parks facility. In short, in order to assist the City Council with some final decision making on scope and timing of the construction of the Public Works and Parks facility, the City needs to engage both Kluber and EEI via the attached contracts. EEI agreement In general, EEI’s agreement will cover all design, paperwork, and planning for most of the components of a Public Works and Parks facility that are outside of the footprint of the building. It is broken into two phases, preliminary engineering at an estimated cost of $76,221 and final engineering at an estimated cost of $107,465. Both phases will include various scope components like budget tracking, attending project meetings, topography and boundary surveys, base map file creation, JULIE coordination, creation of preliminary or final engineering plans, assisting with the design of material storage bins, preparation and submittal of storm water reports, preparation of engineer’s estimate of probably construction cost, coordinating review with external regulatory agencies and coordinating outsourced soil borings, geotechnical work, and landscape plans. EEI’s proposed fees are in line with staff expectations and can be covered within the FY 24 budget amount proposed for Public Works and Parks Facility planning. No budget amendment is required. Kluber agreement In general, Kluber’s agreement will take the City all the way from schematic design phase (big picture planning and drawings used by the City Council to facilitate final decisions on scope and cost of building), to design development phase (details of building layout and appearance), to preparation of construction documents, to participation in the procurement phase, and finally construction management assistance. If the City Council moves forward with the Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 18, 2024 Subject: Public Works and Parks facility – Kluber and EEI agreements Kluber contract as drafted, the earliest recommended timeline for bidding is September 2024, with potential construction in mid-2025. Unlike the variable fee arrangement utilized in the Cordogan Clark agreement for Prairie Pointe renovations, Kluber is proposing a flat fee of $1,362,400 with a $17,600 credit for work already completed by the City during the last space needs analysis. Assuming the City Council moves forward with a $20m to $22m project, that would put the fees in the 6.2% to 6.8% range. Reiterating, Kluber is proposing a fixed fee – so if the City Council decides to increase or decrease the planned budget for the building (either through pre-bid decision making or through construction change orders), Kluber’s fee should not change. The staff, including Code Official Pete Ratos, have reviewed local, state, and federal governmental standards as well as trends in private development for architectural contracts and determined this fee is reasonable for the size and complexity of the project. This fee can be covered within the FY 24 budget amount proposed for Public Works and Parks Facility planning, and no budget amendment is required. Kluber agreement – construction methodology Kluber’s architectural agreement contemplates the City using a construction manager process. This determination was made after consultation with staff. While the City was able to use the Oswego-Yorkville shared Facility Manager for the Prairie Pointe project, the Public Works and Parks facility project will be much larger and more complex. Because of this, we’re recommending hiring a major regional or national construction firm to serve as the lead under the construction management process. This construction manager would be selected by the City through an open RFP process. Assuming the City Council approves the Kluber agreement in January, the staff would work with Kluber to draft a construction manager RFP and prepare a list of firms to receive direct solicitations to submit a proposal in February and March. Staff would conduct interviews soon thereafter with the hope of bringing a recommendation to City Council for consideration in April. Simultaneously with the selection of the construction manager, the City Council will be asked for feedback or decisions on how we will structure the contract as it relates to the construction manager being at risk or not, how guaranteed minimum pricing, change orders, and allowances will work, and how the bid packages will be broken up and held by the construction manager. Representatives from Kluber will give an overview of these options at the City Council meeting if requested, or later in the construction manager selection process. Recommendation Staff recommends approval of the agreements with EEI for site development design services and Kluber, Inc. for architectural services for the proposed Public Works and Parks facility. Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AGREEMENT WITH KLUBER, INC. FOR THE DESIGN OF A PUBLIC WORKS FACILITY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City has acquired property commonly known as Lot 4 of the Yorkville Business Center on Boombah Boulevard for the purpose of constructing an 87,000 square foot public works facility (the “PW Facility”); and WHEREAS, to design the new PW Facility, the City considered receiving various proposals from architectural firms with which it worked in the past and upon due consideration determined that Kluber Inc. of Aurora, Illinois has the expertise necessary to undertake this project; and WHEREAS, after discussion and review of the Schematic Design submitted by Kluber, Inc., the City Administrator, City Engineer and the City Public Works Director are prepared to recommend that the Mayor and City Council approve the Agreement with Kluber, Inc. in the form attached hereto. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. That the AIA Document 8133-209, being a standard form of Agreement Between Owner and Architect, by and between the United City of Yorkville and Kluber, Inc. attached hereto and made a part hereof by this reference is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the United City of Yorkville. Section 2. That this Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK Resolution No. 2024-____ Page 2 KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: _____________________________ CITY CLERK 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #4 Tracking Number PW 2024-13 Public Works Building – EEI Contract Public Works Committee – January 16, 2024 PW – 1/16/24 Moved forward to City Council agenda. PW 2024-13 Majority Approval Bart Olson Administration Name Department Summary Consideration of an agreement with Kluber, Inc for architectural services and EEI for site development design services for the proposed Public Works and Parks facility. Background This item was last discussed at the January 2024 Public Works Committee meeting. At that meeting, the committee heard a verbal report from staff about the contents of the attached agreements with EEI and Kluber for services related to the proposed Public Works and Parks facility. In short, in order to assist the City Council with some final decision making on scope and timing of the construction of the Public Works and Parks facility, the City needs to engage both Kluber and EEI via the attached contracts. EEI agreement In general, EEI’s agreement will cover all design, paperwork, and planning for most of the components of a Public Works and Parks facility that are outside of the footprint of the building. It is broken into two phases, preliminary engineering at an estimated cost of $76,221 and final engineering at an estimated cost of $107,465. Both phases will include various scope components like budget tracking, attending project meetings, topography and boundary surveys, base map file creation, JULIE coordination, creation of preliminary or final engineering plans, assisting with the design of material storage bins, preparation and submittal of storm water reports, preparation of engineer’s estimate of probably construction cost, coordinating review with external regulatory agencies and coordinating outsourced soil borings, geotechnical work, and landscape plans. EEI’s proposed fees are in line with staff expectations and can be covered within the FY 24 budget amount proposed for Public Works and Parks Facility planning. No budget amendment is required. Kluber agreement In general, Kluber’s agreement will take the City all the way from schematic design phase (big picture planning and drawings used by the City Council to facilitate final decisions on scope and cost of building), to design development phase (details of building layout and appearance), to preparation of construction documents, to participation in the procurement phase, and finally construction management assistance. If the City Council moves forward with the Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 18, 2024 Subject: Public Works and Parks facility – Kluber and EEI agreements Kluber contract as drafted, the earliest recommended timeline for bidding is September 2024, with potential construction in mid-2025. Unlike the variable fee arrangement utilized in the Cordogan Clark agreement for Prairie Pointe renovations, Kluber is proposing a flat fee of $1,362,400 with a $17,600 credit for work already completed by the City during the last space needs analysis. Assuming the City Council moves forward with a $20m to $22m project, that would put the fees in the 6.2% to 6.8% range. Reiterating, Kluber is proposing a fixed fee – so if the City Council decides to increase or decrease the planned budget for the building (either through pre-bid decision making or through construction change orders), Kluber’s fee should not change. The staff, including Code Official Pete Ratos, have reviewed local, state, and federal governmental standards as well as trends in private development for architectural contracts and determined this fee is reasonable for the size and complexity of the project. This fee can be covered within the FY 24 budget amount proposed for Public Works and Parks Facility planning, and no budget amendment is required. Kluber agreement – construction methodology Kluber’s architectural agreement contemplates the City using a construction manager process. This determination was made after consultation with staff. While the City was able to use the Oswego-Yorkville shared Facility Manager for the Prairie Pointe project, the Public Works and Parks facility project will be much larger and more complex. Because of this, we’re recommending hiring a major regional or national construction firm to serve as the lead under the construction management process. This construction manager would be selected by the City through an open RFP process. Assuming the City Council approves the Kluber agreement in January, the staff would work with Kluber to draft a construction manager RFP and prepare a list of firms to receive direct solicitations to submit a proposal in February and March. Staff would conduct interviews soon thereafter with the hope of bringing a recommendation to City Council for consideration in April. Simultaneously with the selection of the construction manager, the City Council will be asked for feedback or decisions on how we will structure the contract as it relates to the construction manager being at risk or not, how guaranteed minimum pricing, change orders, and allowances will work, and how the bid packages will be broken up and held by the construction manager. Representatives from Kluber will give an overview of these options at the City Council meeting if requested, or later in the construction manager selection process. Recommendation Staff recommends approval of the agreements with EEI for site development design services and Kluber, Inc. for architectural services for the proposed Public Works and Parks facility. UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING PAGE 1 Agreement for Professional Services Yorkville Public Works Building THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment B. Services to be provided include survey and engineering services for the proposed public works building and associated site improvements on Lot 4 in the Yorkville Business Center off Boombah Boulevard as indicated on Attachment C and Attachment D in the location shown on Attachment F. Construction Engineering services are not included and would be provided in a separate agreement. All Engineering will be in accordance with all City and Illinois Department of Transportation requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C (Preliminary) and Attachment D (Final). For Attachment C (Preliminary), the Yorkville Public Works Building will be paid for as a Lump Sum in the amount of $63,171, and Direct Expenses are estimated in the amount of $13,050 for a Preliminary Engineering total of $76,221. For Attachment D (Final), the Yorkville Public Works Building will be paid for as a Lump Sum in the amount of $78,215, and Direct Expenses are estimated in the amount of $29,250 for a Final Engineering total of $107,465. The hourly rates for this project are shown in the attached 2023 Standard Schedule of Charges. All payments will be made accordingly to the Illinois State Prompt Payment Act and not less than once every thirty days. UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING PAGE 2 D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, Contractor, on or before February 1 st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1 st of that same year. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING PAGE 3 Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING PAGE 4 under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The contractor agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING PAGE 5 .K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimated Level of Effort and Associated Cost – Preliminary Attachment D: Estimated Level of Effort and Associated Cost - Final Attachment E: Location Map Attachment F: Anticipated Project Schedule Attachment G: 2023 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove, Illinois 60554 Yorkville, Illinois 60115 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 20___. United City of Yorkville: Engineering Enterprises, Inc.: _________________________ _______________________ _ John Purcell Bradley P. Sanderson, P.E. Mayor Chief Operating Officer/President _________________________ ____________________________ Jori Behland Curtis P. Dettmann, P.E. City Clerk Senior Project Manager ENGINEERING ENTERPRISES, INC. JUNE 2023 PAGE 1 STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents.  OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents.  OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions.  The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope.  Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work.  If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of ENGINEERING ENTERPRISES, INC. JUNE 2023 PAGE 2 profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. UNITED CITY OF YORKVILLE, IL YORKVILLE PUBLIC WORKS BUILDING PAGE 1 Yorkville Public Works Building United City of Yorkville, IL Professional Services Agreement - Design Engineering Attachment B – Scope of Services The United City of Yorkville desires to design a new public works building and associated site improvements on Lot 4 of the Yorkville Business Center off Boombah Boulevard. An exhibit depicting the conceptual design of the proposed building and site improvements is attached. The work items to complete the design are as follows: PRELIMINARY DESIGN ENGINEERING – YORKVILLE PUBLIC WORKS BUILDING 1.1 Project Management and Coordination  Budget Tracking  Management of Personnel and the Engineering Contract  Coordination with the City, Architect, and Sub-Consultants 1.2 Project Meetings  Project Kick-Off Meeting Between the City, EEI, Architect, and Sub-Consultants (as needed)  Three (3) Virtual Progress Meetings Between the City, EEI, Architect, and Sub-Consultants (as needed)  Three (3) In-Person Progress Meeting Between the City, EEI, Architect, and Sub-Consultants (as needed) 1.3 Topographic and Boundary Survey  Field Survey of Lot 4 in Yorkville Business Center including adjacent parkway and Boombah Boulevard.  Boundary Survey of Project Limits  Drafting to Create Base File 1.4 Dry Utility Coordination  Design JULIE  Preliminary Plan Submission and Coordinate with Private Utilities 1.5 Preliminary Plans and Estimates  Preparation of Preliminary Engineering Plans  Assist Architect with Design of Material Storage Bins and Salt Dome  Preparation of a Preliminary Storm Water Report  Preparation of a Preliminary Engineer’s Opinion of Probable Construction Cost  Preliminary Plan Submittal to the City DIRECT EXPENSES The following scope of services will be provided by EEI’s subconsultant’s:  Additional Soil Borings and Geotechnical Report – Rubino (Scope in Exhibit A)  Preparation of Preliminary Landscape Architecture Plans – Hey and Associates, Inc. (Scope in Exhibit B) UNITED CITY OF YORKVILLE, IL YORKVILLE PUBLIC WORKS BUILDING PAGE 2 FINAL DESIGN ENGINEERING – YORKVILLE PUBLIC WORKS BUILDING 2.1 Project Management and Coordination  Budget Tracking  Management of Personnel and the Engineering Contract  Coordination with the City, Architect, and Sub-Consultants 2.2 Project Meetings  Three (3) Virtual Progress Meetings Between the City, EEI, Architect, and Sub-Consultants (as needed)  Three (3) In-Person Progress Meetings Between the City, EEI, and Architect 2.3 Dry Utility Coordination  Coordinate Design with Dry Utility Companies including but not limited to AT&T, Nicor, Comcast, and ComEd  Preparation of Drawings and Exhibits 2.4 Final Plans, Specifications, and Estimates  Preparation of 90%, and 100% Engineering Plans  Assist Architect with Design of Material Storage Bins and Salt Dome  Preparation of a Final Storm Water Report  Preparation of Final Engineer’s Opinion of Probable Construction Cost 2.5 Regulatory Agency Coordination and Permitting  Prepare Storm Water Permit Application  Prepare IHPA and IDNR Endangered Species Applications  Prepare IEPA NPDES NOI Construction Permit Application  Prepare IEPA Sanitary and Watermain Permit Applications  Prepare Yorkville - Bristol Sanitary District Permit Application 2.6 Bidding Coordination  Attend Pre-Bid Meeting  Address Bid Questions and Prepare Addenda  Attend Bid Opening DIRECT EXPENSES The following scope of services will be provided by EEI’s subconsultant’s:  Additional Soil Borings and Geotechnical Report – Rubino Engineering (Scope in Exhibit A)  Preparation of Final Landscape Architecture Plans – Hey and Associates, Inc. (Scope in Exhibit B) EXCLUSIONS The above scope of services for the Yorkville Public Works Building excludes the following:  Contract Preparation and Bidding Documents (To be Completed by CM)  Easement Negotiations  Land Acquisition  Environmental Surveys Including but Not Limited to Tree Surveys  Plat of Survey or ALTA Survey  Meetings beyond those shown (can be attended on a per meeting basis)  Wetland delineation, mitigation, or permitting UNITED CITY OF YORKVILLE, IL YORKVILLE PUBLIC WORKS BUILDING PAGE 3  Floodplain study or permitting  Construction Phase Services The above scope for “Yorkville Public Works Building” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of the base contract and will be billed in accordance with the Standard Schedule of Charges. -931--931-1560 (Fax) December 7, 2023 To: Curtis P. Dettmann, P.E. Senior Project Manager Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 Re: Proposal - Geotechnical Exploration Proposed Yorkville Public Works Additional Borings Boombah Boulevard Yorkville, Illinois Proposal No. Q23.574g Via email: CDettmann@eeiweb.com Dear Mr. Dettmann, Rubino Engineering, Inc. (Rubino) is pleased to submit the following proposal to provide geotechnical engineering services for the above referenced project. Rubino received a request for proposal from Curtis P. Dettmann of Engineering Enterprises, Inc. (EEI) via phone on December 1, 2023. PROJECT UNDERSTANDING Rubino understands that Engineering Enterprises, Inc. is requesting additional soil borings for the new Yorkville Public Works building. Under Rubino project number G22.179, Rubino previously completed seven (7) soil borings and submitted a preliminary geotechnical report dated September 12, 2022. EEI has requested Rubino provide a scope for one initial mobilization and drilling to furnish information for certain aspects of the site that may not change or alter much in locations, and a secondary mobilization and drilling once site locations are finalized. Information received: RFP phone from Curtis P. Dettmann of Engineering Enterprises, Inc. on December 1, 2023. Project Description - Structural Loads / Pavement Design Criteria received: none; however this proposal is based on the following: Maximum column load estimate: 70 to 120 kips Maximum wall load estimate: 4 to 6 kips per lineal foot (klf) Maximum cut/fill to balance site: 2 feet Light Duty Pavement 18-kip ESALS: 30,000 Heavy Duty Pavement 18-kip ESALS: 60,000 Pavement Life Expectancy: 15 years Storage bins to supported by asphalt or concrete slabs on grade o Weight not exceed 500 psf Proposed Yorkville Public Works Additional Borings in Yorkville, Illinois December 7, 2023 Rubino Proposal No. Q23.574g Page 2 of 10 Rubino Engineering, Inc. Field Services Scope of Services Summary Additional Scope discussion can be found in subsequent pages of this proposal Private Utility Needed Not anticipated Site Access Open site Field Equipment / Soil Sampling Method Track-mounted Geoprobe Drill Rig Boring Location Plan Soil boring locations TBD Soil Sampling SPT 2 ½ ft to 15 feet, 5 ft thereafter Backfill Needs Cuttings, excess spoils remain on site Boring Depths To obtain data to evaluate subsurface conditions within the proposed development/construction areas. Rubino proposes the drilling scope of work as detailed below: NUMBER OF BORINGS DEPTH (FEET BEG*) LOCATION ON SITE SPT SAMPLING INTERVALS SOIL CLASSIFICATION METHOD 10 20 Building (B-01 to B-10) 2 ½ ft 15 ft, 5 ft intervals thereafter USCS 2 25 Salt Dome (S-01 & S-02) 1 20 Fuel Station (F-01) 2 10 Bins Locations (K-01) 14 Total Borings 290 Total Lineal Feet Should any of the information on which this proposal has been based, including as described above, be inconsistent with the planned construction, Rubino requests to be contacted immediately in order to make any necessary changes to this proposal and scope of work. SCOPE OF SERVICES DISCUSSION The following sections outline the scope of services developed based on the information provided by the client and the information listed above in order to provide a geotechnical exploration the planned project. The exploration will be performed in general accordance with both the requested proposal information and Rubino Site Access Based on current site topography, surface conditions, and project discussions, Rubino anticipates that the project site will be accessible to track-mounted Geoprobe drilling equipment. Boring Locations The locations of the additional soil borings have yet to be determined. Rubino recommends that the borings be located and surveyed for elevation by others prior to drilling. If the borings cannot be surveyed, Rubino will locate the borings in the field by measuring distances from known, fixed site features. Proposed Yorkville Public Works Additional Borings in Yorkville, Illinois December 7, 2023 Rubino Proposal No. Q23.574g Page 3 of 10 Rubino Engineering, Inc. SPT - Soil Sampling Soil sampling will include split-barrel samples (ASTM D 1586) or thin-walled tube samples on cohesive soils (ASTM D 1587) at 2 ½ - foot intervals to a depth of 15 feet and 5 - foot intervals thereafter, as applicable. If unsuitable bearing soils are encountered within the borings as proposed herein, the borings will be extended an additional 5 feet to attempt to end the borings in suitable soils. If unsuitable soils persist at the end of an additional 5 feet the client will be contacted prior to demobilizing. Unsuitable soils will be defined by field personnel using the following criteria: Cohesive soils with an N value less than or equal to 4. Granular soils with an N-value less than 6. Black cohesive or silty soil with visible signs of organic matter and / or organic odor and low blow counts as described above. Completion of Borings Upon completion of drilling, the borings will be backfilled with soil cuttings and capped with similar existing material. Some damage to ground surface may result from the drilling operations near the work areas and along ingress/egress pathways. Rubino will attempt to minimize such damage, but no restoration other than backfilling the soil test borings is included. It should be noted that over time, some settlement may occur in the bore hole. If Rubino is requested to return to the site for the purpose of filling any bore holes that may have settled, additional time and material charges may apply. Proposed Yorkville Public Works Additional Borings in Yorkville, Illinois December 7, 2023 Rubino Proposal No. Q23.574g Page 4 of 10 Rubino Engineering, Inc. Geotechnical Laboratory Testing The soil samples obtained during the field exploration program will be transported to the laboratory for classification and a limited number of laboratory tests. The nature and extent of the laboratory testing program is at the discretion of Rubino Engineering, Inc. and will depend upon the subsurface conditions encountered during drilling. Laboratory testing will be performed in accordance with ASTM procedures and may include index properties and relative strength characteristics. Based on the proposed quantity of soil borings, anticipated depths, and project type, a list of the anticipated laboratory tests are summarized below. LABORATORY TEST ESTIMATED QUANTITY SAMPLE TYPE Atterberg Limits 2 Split spoon, bulk, or Shelby Tube Unconfined Compression Test 1 Shelby Tube Consolidation Testing 1 Shelby Tube Natural Moisture Content 98 Cohesive Samples GEO REPORT Upon completion of field and laboratory work, Rubino will prepare a geotechnical engineering report using the collected data. The geo report will include the following: Summary of client-provided project information and report basis Overview of encountered subsurface conditions Overview of field and laboratory tests performed including results Summary report to include boring logs, boring location plan, and a paragraph describing the soils as they relate to the suitability to the support the proposed construction Geotechnical recommendations pertaining to: Subgrade preparation and cut / fill recommendations Final foundations, including suitable foundation type(s), allowable bearing pressure(s), and estimated settlement for the proposed fuel center, salt dome, and building Pavements, including subgrade pavement sections for bituminous and Portland Cement Concrete (PCC) pavements for pavement Utilizing borings from Rubino report number G22.179 dated September 12, 2022 Subgrade stability for support of bin areas Seismic design site classification parameters Construction considerations, including temporary excavation and construction control of water An electronic copy of the report will be provided. The report will be addressed to Engineering Enterprises, Inc.. Proposed Yorkville Public Works Additional Borings in Yorkville, Illinois December 7, 2023 Rubino Proposal No. Q23.574g Page 5 of 10 Rubino Engineering, Inc. PROJECT SCHEDULE Rubino proposes to initiate work on this project within 5 working days after receiving written authorization to proceed and we will follow the schedule below in order to complete the project: Task Number of Working Days Utility clearance and rig mobilization 10 15 Field work including site layout and drilling 5 Laboratory Testing 10 12 Preparation of the Geotechnical Report 10 Project schedules can be affected by weather conditions and changes in scope. If the report needs to be delivered by a specific day, please notify us as soon as possible. Preliminary verbal recommendations can be made to appropriate parties upon completion of the field investigation and laboratory testing. Rubino will need to receive a signed copy of this proposal intact prior to mobilizing the drill rig. UTILITY LOCATE AND OUTSIDE SERVICES - of drilling activities. It privately owned utilities. This proposal is based on privately owned utility locates being coordinated by the owner prior to drill rig mobilization. FEES Rubino proposes to charge the fee for performance of the outlined scope of services on a lump- sum basis. Based on the scope of services outlined above, the lump-sum fee will be: Subsurface Exploration Boring Layout / Utility / PM $ 550.00 Lump sum Initial Drill Rig Mobilization and Drilling (up to 100 feet of drilling) with Summary Report $ 4,500.00 Lump sum Secondary Drill Rig Mobilization and Drilling $ 9,000.00 Lump sum Lab Geotechnical Lab Tests as described above $ 1,950.00 Lump sum Reporting Preparation of the Geotechnical Report $ 4,000.00 Lump sum $20,000.00 Grand Total Please see the attached fee schedule for additional unit rates for services requested after issuing the geotechnical report (drawing / spec review, scope or site layout change, etc.). Scope Limitations Project services do not include a site evaluation to determine the presence or absence of wetlands, hazardous substances, or toxic materials. Rock coring is not included in the scope of this exploration, therefore, the character and continuity of refusal materials, if encountered, can be determined only with a more comprehensive scope of Proposed Yorkville Public Works Additional Borings in Yorkville, Illinois December 7, 2023 Rubino Proposal No. Q23.574g Page 6 of 10 Rubino Engineering, Inc. services. Therefore, the borings will be advanced to the depths referenced above, or to refusal, whichever is shallower. Boring, sampling and testing requirements are a function of the subsurface conditions encountered. The proposed lump-sum fee is based on the use of shallow foundations to support the planned construction and the existence of adequate bearing materials being encountered within the proposed boring depths. Should conditions be encountered which require a deepening of borings or additional investigation, Rubino will notify you to discuss modifying the outlined scope of services. Additional work beyond the lump-sum fee will not be performed without your prior authorization. AUTHORIZATION If this proposal is acceptable to you, Rubino will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. Rubino will proceed with the work upon receipt of authorization. Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact Rubino with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. Michelle A. Lipinski, PE Anthony T. Tomaras President Project Manager MAL/file Attachments: Proposal Acceptance and Data Sheet Schedule of Services and Fees General Conditions **This is an electronic copy. Hard Copies of this proposal are available upon request. RUBINO ENGINEERING,INC.IS: AN AASHTO-ACCREDITED LABORATORY IDOTPREQUALIFIED IDOTDBE-CERTIFIED (100%WOMAN-OWNED) Proposed Yorkville Public Works Additional Borings in Yorkville, Illinois December 7, 2023 Rubino Proposal No. Q23.574g Page 7 of 10 Rubino Engineering, Inc. PROPOSAL ACCEPTANCE: AGREED TO, THIS _________ DAY OF _____________________ , 202__. BY (please print): ___________________________________________________ TITLE: ___________________________________________________ COMPANY: ___________________________________________________ SIGNATURE: ___________________________________________________ PROJECT INFORMATION: 1. Project Name: _____________________________________________________________ 2. Project Location: ___________________________________________________________ 3. Your Job No: _____________________ Purchase Order No.: _____________________ 4. Project Manager: _______________________ Telephone No.:_____________________ 5. Site Contact:___________________________ Telephone No.:_____________________ 6. Number and Distribution of Reports: ( ) Copies To: _________________________ ( ) Copies To: _____________________ _____________________________________ ________________________________ _____________________________________ ________________________________ Attn: _________________________________ Attn: _____________________________ Email: _______________________________ Email: ___________________________ ( ) Copies To: _________________________ ( ) Copies To: _____________________ _____________________________________ ________________________________ _____________________________________ ________________________________ Attn: _________________________________ Attn: _____________________________ Email: _______________________________ Email: ___________________________ 7. Invoicing Address: __________________________________________________________ _________________________________________________________ _________________________________________________________ Attn: _____________________________________________________ Email: ___________________________________________________ 8. Other Pertinent Information Or Previous Subsurface Information Available: _________________________________________________________________________ _________________________________________________________________________ Proposed Yorkville Public Works Additional Borings in Yorkville, Illinois December 7, 2023 Rubino Proposal No. Q23.574g Page 8 of 10 Rubino Engineering, Inc. Rubino Engineering, Inc. 2023 Schedule of Geotechnical Services & Fees ENGINEERING Professional and Technical Services for site evaluation, field supervision, analysis of test data and engineering recommendations and consultation: Principal Engineer Per Hour $ 185.00 Project Engineer/Manager Per Hour $ 135.00 Engineering Field Technician / Field Engineer / Field Geologist Per Hour $ 105.00 SUBSURFACE EXPLORATION Mobilization and moving of truck-mounted drilling equipment and crew (50-mile radius) Per Trip $ 650.00 Hourly Rate Drilling Per Hour $ 475.00 Thin Wall Tubes (ASTM D-1587) Each $ 50.00 LABORATORY TESTING Moisture Content Test / Visual Classification Each $ 7.00 Atterberg Limits Determination (LL, PL) Each $ 65.00 Sieve Analysis (washed) Each $ 85.00 Unconfined Compression Test, with Stress-Strain Curve Each $ 95.00 Organic Content Determination Test (loss on ignition) Each $ 15.00 One-Dimensional Consolidation Test (ASTM D-2435) Each $ 750.00 FEE REMARKS 1) All fees and services are provided in accordance with the attached Rubino General Conditions. 2) Unit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter. 3) Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday, before 8:00 AM or after 5:00 PM, and for all hours worked on Saturdays, Sundays and holidays. The overtime rate is 1.5 times the applicable hou rly rate. 4) All rates are billed on a portal-to-portal basis. 5) Standby time due to delays beyond Rubino's control will be charged at the applicable hourly rate. 6) Transportation and per diem are charged at the applicable rates. 7)Rates involving mileage (including transportation, mobilization, vehicle and trip charges) are subject to change based upon increases in the national average gasoline price. 8) A minimum charge of 4 hours applies to field testing and observation services. 9) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum charge of 4 hours. 10) For all Rubino services, a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 11) The minimum billing increment for time is a half hour. 12) A project set-up charge of a minimum of two hours applies to all projects. 13) Professional services rates are exclusive of expert deposition or testimony time. 14) Drilling and field service rates are based on OSHA Level D personnel protection. 15) For sites where drilling is to occur that are not readily accessible to a truck mounted drill rig, rates for rig mobility, site clearing, crew stand-by time, etc. will be charged as applicable. 16) If applicable the prevailing wage fees charged under this agreement will be adjusted if there is any change in the applicable prevailing wage rate established by the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. Proposed Yorkville Public Works Additional Borings in Yorkville, Illinois December 7, 2023 Rubino Proposal No. Q23.574g Page 9 of 10 Rubino Engineering, Inc. Proposed Yorkville Public Works Additional Borings in Yorkville, Illinois December 7, 2023 Rubino Proposal No. Q23.574g Page 10 of 10 Rubino Engineering, Inc. GENERAL CONDITIONS 1. PARTIES AND SCOPE OF SERVICES: Rubino Engineering, Inc. shall include said company or its particular division, subsidiary or affiliate performing the servic geotechnical, analytical, testing or other service to be performed by Rubino Engineering, Inc. siness entity ordering the services to be done by Rubino Engineering, Inc. If Client is ordering the services on behalf of another, Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said services. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by communicate these General gineering, Inc. shall have no duty or obligation to he oposal and these General Conditions, regardless of the terms of any subsequently issued document. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site, materials and work performed by Rubino Engineering, Inc. or others to be timely and properly performed in accordance with the plans, specifications and contract documents and Rubino Engineering, In s recommendations have been followed. Client agrees to indemnify, defend and hold Rubino Engineering, Inc., its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs cept to the extent that such failure is the result of the negligence, willful or wanton act of omission of Rubino Engineering, Inc., its officers, agents or employees, subject to the limitation contained in paragraph 9. 3. SCHEDULING OF SERVICES: anlike and professional manner by RUBINO ENGINEERING, INC. personnel at the prices quoted. If Rubino Engineering, Inc. is required to delay commencement of the services or if, upon embarking upon its services, Rubino Engineering, Inc. is required to stop or interrupt the progress of its services as a result of changes in the scope of the services requested by Client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of Rubino Engineering, Inc., additional charges will be applicable and payable by Client. 4. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rubino Engineering, Inc. to perform the services. Rubino Engineering, Inc. shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its services or the use of its equipment; however, Rubino Engineering, Inc. has not included in its fee the cost of restoration of damage which may occur. If Client desires or requires Rubino Engineering, Inc. to restore the site to its former condition, upon written request Rubino Engineering, Inc. will perform such additional services as is necessary to do so and Client agrees to pay Rubino Engineering, Inc. for the cost. Client represents and warrants that it has advised Rubino Engineering, Inc. of any known or suspected hazardous materials, utility lines and pollutants at any site at which Rubino Engineering, Inc. is to perform services hereunder, and unless Rubino Engineering, Inc. has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits. Rubino Engineering, Inc. may use such information in performing its services and is entitled to rely upon the accuracy and completeness thereof. Client agrees to defend, indemnify and save result of personal injury, death or property damage occurring with respect to tructures, lines or conduits where the actual or potential presence and location thereof wer 6. RESPONSIBILITY: , sequences or procedures of construction. Rubino Engineering, Inc. shall not be responsible for evaluating, reporting or affect l not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with work. 7. SAMPLE DISPOSAL: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty 8. PAYMENT: Client shall be invoiced once each month for services performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted Rubino Engineering, Inc. shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement, any provision wherein Rubino eceive payment for its services upon payment to Client by any third party. These General Conditions are notice, where required, that Rubino Engineering, Inc. shall file a lien whenever necessary to collect past due amounts. Release of such lien shall be given only when payment in full has been received for services duly rendered. Failure to make payment within thirty (30) days of invoice shall constitute a release of Rubino Engineering, Inc. from any and all claims which Client may have, whether in tort, contract or otherwise and whether known or unknown at the time. 9. STANDARD OF CARE: PROPOSAL, ING ITS PROFESSIONAL SERVICES, RUBINO ENGINEERING, INC. WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. RUBINO ENGINEERING, INC. MAKES NO WARRANTIES, EITHER EXPRESS THEREOF, AND THESE GENERAL CONDITIONS. STATEMENTS MADE IN RUBINO ENGINEERING, INC. REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD RUBINO ENGINEERING, INC. OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN EERING, INC., ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $10,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING, INC. FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT, WHICHEVER AMOUNT IS GREATER. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING, INC., ARISING FROM OR RELATED TO RUBINO ENGINEERING, R. 10. INDEMNITY: To the fullest extent permitted by law, Client and Rubino Engineering, Inc. each agree to indemnify the other party and the o representatives, from and against losses, damages, and judgments arisi to the extent they are found to be caused by a negligent act, error, or omission of the indemnifying party or any of or subconsultants in the performance of services under this Agreement. If claims, losses, damages, and judgments are found to be caused by the joint or concurrent negligence of Client and Rubino Engineering, Inc., they shall be borne by each party in proportion to its negligence. 11. TERMINATION: ino Engineering, Inc. shall be compensated by Client for all services performed up to and including the termination date, including s files in order and/or protect its professional reputation. Failure of Client to make payments when due shall be cause for suspension of services or, ultimately, termination, unless and until Rubino Engineering Inc. has been paid in full all amounts due for services, expenses and other related changes. 12. DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, the Client and Rubino Engineering, Inc. agree to attempt to resolve such disputes in the following manner: 1) The parties agree to attempt to resolve any and all unsettled claims, counterclaims, disputes and other matters in question through direct negotiations between the appropriate representatives of each party; 2) If such negotiations are not fully successful, the parties agree to submit any and all remaining unsettled claims, counterclaims, disputes and other matters in question to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this Agreement. 13. WITNESS FEES: current fee schedule for Rubino Engineering, Inc. to respond to any subpoena. 14. NO HIRE: ires a Rubino Engineering, Inc. employee, Client shall pay Rubino Engineering, Inc. an amount equal to one-annualized salary, with Rubino Engineering, Inc. waiving other remedies it may have. 15. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering, Inc. to assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as those terms appear within RCRA, CERCLA, or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA, CERCLA, and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of pollutants. 16. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 17. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto. - - - - - - ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES - PRELIMINARY CLIENT PROJECT NUMBER United City of Yorkville YO2247-C PROJECT TITLE DATE PREPARED BY Yorkville Public Works Building ADMIN ROLE PIC SPM PM SPE II SPM SPT 2 PT SPT2 SPT 1 ADM RATE $239 $227 $204 $192 $227 $167 $146 $167 $156 $70 PRELIMINARY DESIGN ENGINEERING 1.1 6 20 - 12 4 - - - - - 42 9,186$ 1.2 6 14 - 14 - - - - - - 34 7,300$ 1.3 - - - - 16 43 2 - - - 61 11,105$ 1.4 - 2 - 12 - - - - - - 14 2,758$ 1.5 3 32 4 85 - - - 7 41 2 174 32,822$ Design Engineering Subtotal: 15 68 4 123 20 43 2 7 41 2 325 63,171$ 15 68 4 123 20 43 2 7 41 2 325 63,171 DIRECT EXPENSES Printing = 300$ Rubino (Geotech) 4,500$ Landscape Architecture 8,250$ DIRECT EXPENSES = 13,050$ LABOR SUMMARY EEI Engin. Expenses = 43,453$ EEI Survey Expenses = 12,013$ EEI CAD Expenses = 7,565$ EEI Admin. Expenses = 140$ TOTAL LABOR EXPENSES 63,171$ TOTAL COSTS 76,221$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Preliminary Plans and Estimates PROJECT TOTAL: Project Management and Coordination Project Meetings Topographic and Boundary Survey Dry Utility Coordination TASK NO.TASK DESCRIPTION HOURS COST 12/8/23 CPD ENGINEERING SURVEYING CAD DRAFTING ATTACHMENT D: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES - FINAL CLIENT PROJECT NUMBER United City of Yorkville YO2247-C PROJECT TITLE DATE PREPARED BY Yorkville Public Works Building ADMIN ROLE PIC SPM PM SPE II SPM SPT 2 PT 1 SPT2 SPT ADM RATE $239 $227 $204 $192 $227 $167 $146 $167 $156 $70 FINAL DESIGN ENGINEERING 2.1 6 24 - 16 - - - - - - 46 9,954$ 2.2 6 16 - 16 - - - - - - 38 8,138$ 2.3 - 4 - 16 - - - - - - 20 3,980$ 2.4 3 46 8 131 - - - 10 56 - 254 48,349$ 2.5 - 4 - 16 - - - - 4 4 28 4,884$ 2.6 1 5 - 8 - - - - - - 14 2,910$ Design Engineering Subtotal: 16 99 8 203 - - - 10 60 4 400 78,215$ 16 99 8 203 - - - 10 60 4 400 78,215 DIRECT EXPENSES Printing = 500$ Rubino (Geotech & CCDD) 15,500$ Landscape Architecture 13,250$ DIRECT EXPENSES = 29,250$ LABOR SUMMARY EEI Engin. Expenses = 66,905$ EEI Survey Expenses = -$ EEI CAD Expenses = 11,030$ EEI Admin. Expenses = 280$ TOTAL LABOR EXPENSES 78,215$ TOTAL COSTS 107,465$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION HOURS Bidding Coordination PROJECT TOTAL: Dry Utility Coordination Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting CPD12/8/23 COST Project Management and Coordination Project Meetings ENGINEERING SURVEYING CAD DRAFTING ATTACHMENT E: ESTIMATED PROJECT SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2247-C PROJECT TITLE DATE PREPARED BY Yorkville Public Works Building CPD 2023 DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR PRELIMINARY DESIGN ENGINEERING 1.1 1.2 1.3 1.4 1.5 FINAL DESIGN ENGINEERING 2.1 2.2 2.3 2.4 2.5 2.6 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com 2024 2025 Construction Preliminary Plans and Estimates 12/8/23 Project Management and Coordination Dry Utility Coordination Project Management and Coordination Project Meetings Dry Utility Coordination Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting Bidding Coordination TASK NO.TASK DESCRIPTION Project Meetings Topographic and Boundary Survey EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $239.00 Principal E-3 $234.00 Senior Project Manager E-2 $227.00 Project Manager E-1 $204.00 Senior Project Engineer/Surveyor II P-6 $192.00 Senior Project Engineer/Surveyor I P-5 $179.00 Project Engineer/Surveyor P-4 $162.00 Senior Engineer/Surveyor P-3 $149.00 Engineer/Surveyor P-2 $135.00 Associate Engineer/Surveyor P-1 $122.00 Senior Project Technician II T-6 $167.00 Senior Project Technician I T-5 $156.00 Project Technician T-4 $146.00 Senior Technician T-3 $135.00 Technician T-2 $122.00 Associate Technician T-1 $107.00 GIS Technician II G-2 $119.00 GIS Technician I G-1 $110.00 Engineering/Land Surveying Intern I-1 $ 79.00 Executive Administrative Assistant A-4 $ 75.00 Administrative Assistant A-3 $ 70.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00 Expert Testimony $ 271.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023 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: See attached memorandum. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #1 Tracking Number PZC 2024-02 & EDC 2024-05 PZC 2024-02 703 South Main Street – Variance City Council – January 23, 2024 PZC – 1/10/24 Moved forward to City Council agenda. PZC 2024-02 & EDC 2024-05 Majority Approval Proposed residential rear yard variance for the construction of a shed. Krysti J. Barksdale-Noble, AICP Community Development Name Department 1 SUMMARY: The petitioner, Steve Greenblatt, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an accessory structure location variance for 703 South Main Street. The purpose of this request is to allow a detached shed to be placed closer than five (5) feet to a rear property line and closer than ten (10) feet to the residential home. The property is zoned R-2 Traditional Family Residence District and is comprised of two (2) contiguous parcels owned by the petitioner. It is also surrounded by other R-2 zoned single family homes, most of which have detached accessory structures such as garages and sheds. The principal residential structure is situated on the northern, larger parcel (PIN#02-32-436-004) and the proposed detached shed will be located on the smaller, southern parcel (PIN#02-32-436-008). While the northern subject parcel meets the minimum bulk regulations for the R-2 District, this area of the City was developed before any modern zoning regulations existed and therefore the structures and parcels in the area are uniquely placed and shaped. PLANNING & ZONING COMMISSION ACTION: In consideration of testimony presented during a Public Hearing on January 10, 2024 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a request to vary the accessory structure location regulation contained in Section 10-3-5 of the United City of Yorkville Zoning Ordinance to permit a detached accessory shed to be located closer than five (5) feet to the rear property line and less than ten (10) feet to a main structure of the subject property. Action: Goins– aye; Williams – aye; Vinyard – aye; Millen – aye 4 ayes; 0 nay ATTACHMENTS: 1. Draft Ordinance 2. Planning & Zoning Commission staff memo dated 12-7-23 3. Petitioner Application (with attachments) 4. Public Hearing Notice Memorandum To: City Council From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: January 17, 2024 Subject: PZC 2024-02 703 South Main Street – Variance Detached Accessory Structure (Shed) Location Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, GRANTING AN ACCESSORY STRUCTURE LOCATION VARIANCE FOR THE PROPERTY LOCATED AT 703 SOUTH MAIN STREET (Detached Shed) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to the Illinois Municipal Code (65 ILCS 5/11-13-5) the Mayor and City Council of the City (the “Corporate Authorities”) may provide for and allow variances to provide relief when strict compliance with the requirements of the Yorkville Zoning Ordinance (the “Zoning Ordinance”) presents a particular hardship; and, WHEREAS, Steve Greenblatt (the Applicant”), requested relief from Section 10-3-5 of the Zoning Ordinance requiring the location of an accessory structure to be a minimum distance of 5 feet from any side or rear property line and to allow a detached accessory structure closer than ten (10) feet to any main building for the purpose of installing a detached shed; and, WHEREAS, Notice of a public hearing on said application was published and pursuant to said notice the Planning and Zoning Commission of the City conducted a public hearing on January 10, 2024, on said application in accordance with the State statutes and the ordinances of the City; and, WHEREAS, the Planning and Zoning Commission made the required written Findings of Fact finding that the variation met the standards in Section 10-4-7C of the Zoning Ordinance and recommended that the variance be granted; and, Ordinance No. 2024-____ Page 2 WHEREAS, the Corporate Authorities of the City of Yorkville have received and considered the recommendation of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City of Yorkville, Kendall County, Illinois, as follows: Section 1: That this Ordinance shall apply to the Subject Property legally described as: PARCEL TWO-A: THAT PART OF LOT 1 OF THE OLD COUNTY PROPERTY, IN THE VILLAGE OF YORKVILLE, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK OF DEEDS, PAGE 171, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF MAIN STREET IN SAID VILLAGE OF YORKVILLE, WHICH POINT IS 156.30 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF ORANGE STREET IN SAID VILLAGE OF YORKVILLE, 135 FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID MAIN STREET 13.70 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID ORANGE STREET, 135 FEET TO THE WEST LINE OF SAID MAIN STREET; THENCE SOUTHERLY ALONG THE WEST LINE OF MAIN STREET, 13.70 FEET TO THE POINT OF BEGINNING, IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PARCEL TWO-B: THE EAST HALF (EXCEPT THE SOUTH 170 FEET) OF LOT 1 OF THE OLD COUNTY PROPERTY, IN THE VILLAGE OF YORKVILLE, ACCORDING TO PLAT THEREOF RECORDED IN BOOK A OF DEEDS, PAGE 171, IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Commonly known as 703 South Main Street, Yorkville, Illinois, Property Index Numbers: 02-32-436-004 and 02-32-436-008 Section 2: That a variation pursuant to Section 10-3-5 of the Zoning Ordinance to permit a detached shed as an accessory structure a less than a minimum distance of 5 feet from any side or rear property line and to allow a detached shed closer than ten (10) feet to the main building on the Subject Property is hereby granted. Ordinance No. 2024-____ Page 3 Section 3: That the detached shed shall be constructed, operated, and maintained in accordance with the requirements of the Yorkville City Code and generally located as shown on the attached plat of survey provided by Steve Greenblatt and made a part hereof as Exhibit A. Section 4: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Ordinance No. 2024-____ Page 4 EXHIBIT A 1 SUMMARY: The petitioner, Steve Greenblatt, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an accessory structure location variance for 703 South Main Street. The purpose of this request is to allow a detached shed to be placed closer than five (5) feet to a rear property line and closer than ten (10) feet to the residential home. This memorandum summarizes the submitted materials which will be reviewed by the Planning and Zoning Commission. PROPERTY BACKGROUND: The property is zoned R-2 Traditional Family Residence District and located at the southwest corner of W Washington and South Main Streets. The property is also comprised of two (2) contiguous parcels owned by the petitioner and surrounded by other R-2 zoned single family homes, most of which have detached accessory structures such as garages and sheds. The principal residential structure is situated on the northern, larger parcel (PIN#02-32-436-004) and the proposed detached shed will be located on the smaller, southern parcel (PIN#02-32-436-008). While the northern subject parcel meets the minimum bulk regulations for the R-2 District, this area of the City was developed before any modern zoning regulations existed and therefore the structures and parcels in the area are uniquely placed and shaped. Memorandum To: Planning and Zoning Commission From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: December 7, 2023 Subject: PZC 2024-02 703 South Main Street – Variance Detached Accessory Structure (Shed) Location 2 PROJECT DESCRIPTION: As proposed, the petitioner is seeking to construct a 160 square foot detached shed on the property. The placement of the existing house has created uncommon required yards and limits the location of any detached accessory structure. The exhibit below illustrates where the house is located on the parcel and the yards that are created. The rear yard is shaded and shows the location of the proposed shed. Section 10-3-5 of the City’s Zoning Ordinance states that accessory structures must be a minimum distance of five (5) feet from any rear property line and requires at least ten (10) feet to the main building on the parcel. The petitioner is requesting to vary this part of the ordinance to construct a shed on his property as shown in the above plat. The petitioner initially applied for a building permit seeking to construct the detached shed but was denied due the setback and distance non-compliance as a result of the parcel composition (two contiguous parcels). Additionally, the limitation that sheds are only permitted in the rear yard and the situation of an existing detached garage impairs the petitioner’s options for locating a detached shed on the property. Responses to the standards of variations, submitted by the petitioner, explains the hardship created by the property and the reason he is requesting to vary from the Zoning Ordinance. Due to the heavily vegetated portion of the property along South Main Street and the existing garage facing West Washington Street, the view of the proposed shed would be significantly obscured, if not completely blocked. The adjacent parcel to the south also has a dense tree canopy and will not be negatively impacted by the location of the proposed shed. After considering these facts, the petitioner felt this location was the most appropriate option on the property to place the shed. Further, the location of the house and garage limits the possibilities of where a detached shed may be accessible. Finally, the properties to the south have similarly located detached structures on their parcels and the petitioner’s proposed shed would generally align with these structures (see example on next page). 3 STANDARDS FOR GRANTING A VARIANCE: The Planning and Zoning Commission must base its decision to vary, or recommend varying, the Petitioner’s request for relief of the Zoning Ordinance regulation upon the following standards (Section 10-4-7-C): 1. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 4 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. 6. The proposed variation is consistent with the official comprehensive plan and other development standards and policies of the city. STAFF COMMENTS Staff is supportive of the request for an accessory structure location variance. The shape, structure location, and defined yards of the property create a unique situation which brings a hardship to the resident. The proposed detached shed location will not negatively impact of injure the character of the neighborhood and will be similar in alignment and location to the adjacent properties. PROPOSED MOTIONS: In consideration of testimony presented during a Public Hearing on January 10, 2024 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a request to vary the accessory structure location regulation contained in Section 10-3-5 of the United City of Yorkville Zoning Ordinance to permit a detached accessory shed to be located closer than five (5) feet to the rear property line and less than ten (10) feet to a main structure of the subject property and further subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1. Petitioner Application (with attachments) 2. Public Hearing Notice Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7550662 Purchase Order: State of Illinois - Kendall Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 12/22/2023, and the last publication of the notice was made in the newspaper dated and published on 12/22/2023. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Dec 22, 2023. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 23rd Day of December, 2023, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 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: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #2 Tracking Number PZC 2024-03 & EDC 2024-06 PZC 2024-03 – Kendall County Petition 23-32 & 23-33 (A.B. Schwartz, LLC.) City Council – January 23, 2024 1.5-Mile Review of a proposed rezoning and future land use amendment. PZC – 1/10/24 Moved forward to City Council agenda. PZC 2024-03 & EDC 2024-06 Majority Approval Krysti J. Barksdale-Noble, AICP Community Development Name Department 1 SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the city the opportunity to review and provide comments to Kendall County. The petitioners, Grainco FS, Inc. (owner) and A.B. Schwartz, LLC. (contract purchaser), are requesting approval of a map amendment (rezoning) and an amendment to Kendall County’s Future Land Use Map. The purpose of the request is to rezone the property located at 8115 IL Route 47 from A-1 Agricultural District to M-1 Limited Manufacturing District. Additionally, the petitioners are requesting to amend the Kendall County Future Land Use Map from “Transportation Corridor” to “Mixed Use Business”. The real property and is located north of Ament Road and immediately west of S. Bridge Street in unincorporated Kendall County. A.B. Schwartz is under contract to purchase the ~20-acre property from Grainco F.S. for the purpose of operating a tile business, offices, warehouses, fuel storage, and other light industrial uses within existing structures (see images of the structures on the following page). Due to the change in use from agriculture in nature to industrial, the petitioners are requesting rezoning from A-1 to M-1. This will also necessitate an amendment to the Kendall County Future Land Use Map contained in the Land Resource Management Plan from Transportation Corridor to Mixed Use Business. Grainco FS utilized the property for fuel and ammonia storage, retail and wholesale agricultural feed, agricultural supply sales, and repair of farm equipment, semi-tractors/trailers, and automobiles. As proposed, A.B. Schwartz, LLC, will utilize the main structures for a tile business, but intend to lease out some of the remaining buildings for various construction related businesses. PLANNING & ZONING COMMISSION ACTION: In consideration of the proposed mile and one-half review of Kendall County Petitions 23-32 and 23-33 for a map amendment from A-1 to M-1 and an amendment to the Kendall County Future Land Use Map from Transportation Corridor to Mixed Use Business for an approximately 20-acre property consisting of five (5) parcels commonly known as 8115 Route 47, the Planning and Zoning Commission recommends to the City Council to not to object to the request. Action: Millen – aye; Williams – aye; Vinyard – aye; Goins – aye. 4 ayes; 0 nay ATTACHMENTS 1. Planning & Zoning Commission staff memo dated 12-8-23 2. Application with Attachments Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: January 17, 2024 Subject: PZC 2024-03 – Kendall Co. Petition 23-32 & 23-33 (Rezone) 1.5 Mile Review (Grainco FS, Inc. & A.B. Schwartz) 1 SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the city the opportunity to review and provide comments to Kendall County. The petitioners, Grainco FS, Inc. (owner) and A.B. Schwartz, LLC. (contract purchaser), are requesting approval of a map amendment (rezoning) and an amendment to Kendall County’s Future Land Use Map. The purpose of the request is to rezone the property located at 8115 IL Route 47 from A-1 Agricultural District to M-1 Limited Manufacturing District. Additionally, the petitioners are requesting to amend the Kendall County Future Land Use Map from “Transportation Corridor” to “Mixed Use Business”. The real property and is located north of Ament Road and immediately west of S. Bridge Street in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located at 8115 IL Route 47 in unincorporate Kendall County and consists of five (5) parcels totaling ~20- acres. Currently owned by Grainco FS, Inc., the site has a total of seven (7) agricultural style buildings as well as various diesel fuel/propane structures situated across two (2) parcels. The property is immediately southwest of Yorkville’s corporate boundary, approximately 0.30 miles (~1,600 feet) from the Windett Ridge residential subdivision. In 1966, the property was rezoned to M-1 by Kendall County but was subsequently zoned back to A-1 in 1974 and granted a special use as part of a County-wide rezoning approval. The parcel has operated as Grainco F.S. (formerly Kendall-Grundy F.S), a provider of agronomic grain and energy products, since at least the 1970’s. Ceasing its retail, farm equipment, and truck repair operations over 5 years ago, Grainco F.S. will continue its gas and fuel storage business a tenant of the new owner, A.B. Schwartz. Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: December 8, 2023 Subject: PZC 2024-03 – Kendall Co. Petition 23-32 & 23-33 (Rezone) 1.5 Mile Review (Grainco FS, Inc. & A.B. Schwartz) 2 REQUEST SUMMARY: A.B. Schwartz is under contract to purchase the ~20-acre property from Grainco F.S. for the purpose of operating a tile business, offices, warehouses, fuel storage, and other light industrial uses within existing structures (see images of the structures on the following page). Due to the change in use from agriculture in nature to industrial, the petitioners are requesting rezoning from A-1 to M-1. This will also necessitate an amendment to the Kendall County Future Land Use Map contained in the Land Resource Management Plan from Transportation Corridor to Mixed Use Business. Grainco FS utilized the property for fuel and ammonia storage, retail and wholesale agricultural feed, agricultural supply sales, and repair of farm equipment, semi-tractors/trailers, and automobiles. As proposed, A.B. Schwartz, LLC, will utilize the main structures for a tile business, but intend to lease out some of the remaining buildings for various construction related businesses. 3 YORKVILLE COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential (ECR) and Agricultural Zone (AZ). The ECR future land use is intended to provide flexibility for residential design in areas in Yorkville that can accommodate low-density detached single-family housing but also include sensitive environmental and scenic features that should be retained and enhanced. The AZ future land use designation is primarily intended for lands expected to remain for agricultural uses, both general farming and restricted forms such as pastures, gardening, kennel, riding stables, nurseries, and greenhouses. The current land use and A-1 zoning is consistent with Yorkville’s Comprehensive Plan, however, the proposed industrial land use is not. If approved, the proposed map amendment to M-1 and change to the Kendall County future land use designation from Transportation Corridor to Mixed Use Business would necessitate a review and potential amendment to Yorkville’s Comprehensive Plan’s future land use plans for this area. An appropriate future land use designation would be General Industrial (GI) which is intended for a broad range of warehousing and manufacturing activities. STAFF COMMENTS Staff is seeking input from the Planning and Zoning Commission as the one-and-a-half-mile review allows for the City to make comments and requests to the petitioner and County prior to their public meetings. This review will also be brought to the City Council at the January 23, 2024 meeting. This item was delivered to the City on November 17, 2023. PROPOSED MOTION In consideration of the proposed mile and one-half review of Kendall County Petitions 23-32 and 23-33 for a map amendment from A-1 to M-1 and an amendment to the Kendall County Future Land Use Map from Transportation Corridor to Mixed Use Business for an approximately 20-acre property consisting of five (5) parcels commonly known as 8115 Route 47, the Planning and Zoning Commission recommends to the City Council to (object or not to object) to the request. ATTACHMENTS 1. Application with Attachments 0.30 mi K e n ts hire Drive Sout hBri dgeSt r eet Windett Rid g e Ro adDistance from 8115 Rte. 47 to Nearest Residential Parcel in Windett Ridge 12/11/2023, 1:04:31 PM 0 0.07 0.150.04 mi 0 0.1 0.20.05 km 1:6,000 Kendall County GIS ZPAC Memo – Prepared by Matt Asselmeier – November 17, 2023 Page 1 of 4 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 23-32 Alan Drake on Behalf of Grainco FS, Inc. (Current Owner) and Andrew and Robert Schwartz on Behalf of A.B. Schwartz, LLC (Contract Purchaser) Amendment to Future Land Use Map in Land Resource Management Plan Transportation Corridor to Mixed Use Business INTRODUCTION A.B. Schwartz, LLC would like an amendment to the Future Land Use Map contained in the Land Resource Management Plan for approximately nineteen point eight more or less (19.8 +/-) acres located on the west side of Route 47 addressed as 8115 Route 47. If the change to the Future Land Use Map is approved, the Petitioner would like to rezone the property to M-1 in order to operate a tile business, offices, warehouses, fuel storage, and other light industrial uses. The application letter is included as Attachment 1. Pictures of the property are included as Attachments 2-8. The map amendment request is a separate petition (Petition 23-33). SITE INFORMATION PETITIONERS: Alan Drake on Behalf of Grainco FS, Inc. and Andrew and Robert Schwartz on Behalf of A.B. Schwartz, LLC ADDRESS: 8115 Route 47, Yorkville LOCATION: West Side of Route 47 Approximately 0..33 Miles North of Ament Road TOWNSHIP: Kendall ZPAC Memo – Prepared by Matt Asselmeier – November 17, 2023 Page 2 of 4 PARCEL #s: 05-09-300-006 05-09-300-007 05-16-100-003 05-16-100-004 05-16-100-020 LOT SIZE: 19.8 +/- Acres EXISTING LAND USE: Vacant and Improved Commercial ZONING: 05-09-300-006 A-1 Agricultural 05-09-300-007 A-1 Agricultural with Special Use Permits 05-16-100-003 A-1 Agricultural 05-16-100-004 A-1 Agricultural with Special Use Permits 05-16-100-020 A-1 Agricultural with Special Use Permits LRMP: Future Land Use Transportation Corridor (Petitioner is requesting a change to Mixed Use Business) Yorkville’s Plan calls for the property to be Agricultural. Roads Route 47 is a State maintained arterial road. Trails There are no trails planned in this area. Floodplain/ Wetlands There are no floodplains or wetlands on the property. REQUESTED ACTIONS: Amendment to Future Land Use Map from Transportation Corridor to Mixed Use Business Map Amendment Rezoning Property from A-1 Agricultural and A-1 Agricultural with Special Use Permits to M-1 Limited Manufacturing District APPLICABLE REGULATIONS: Section 13:07 – Map Amendment Procedures SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Improved Commercial and Agricultural B-3 Transportation Corridor (County) Estate/Conservation Residential (Yorkville) A-1, R-1, B-3 (County) R-2, R-3, B-1, and B-3 (Yorkville) South Transportation/Community/Utility (IDOT Yard) and Agricultural A-1 Transportation Corridor and Commercial (County) Agricultural (Yorkville) A-1, A-1 SU, R-3, and B-3 ZPAC Memo – Prepared by Matt Asselmeier – November 17, 2023 Page 3 of 4 East Agricultural/Farmstead A-1 (County) R-2 and R-3 (Yorkville) Transportation Corridor and Commercial (County) Agricultural (Yorkville) A-1 (County) R-2 and R-3 (Yorkville) West Agricultural A-1 Rural Residential (Max 0.65 DU/Acre (County) Agricultural (Yorkville) A-1 The A-1 special use permits to the south are for a church, an illuminated sign, and a cemetery. ACTION SUMMARY KENDALL TOWNSHIP Petition information was sent to Kendall Township on November 17, 2023. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville on November 17, 2023. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Fire Protection District on November 17, 2023. ANALYSIS The portions of the property identified by parcel identification numbers 05-09-300-007, 05-16-100-004, and 05- 16-100-020 were originally rezoned to M-1 in 1966 by Ordinance 1966-08. These properties were rezoned back to A-1 and granted a special use permit during the County-wide rezoning in 1974. A special use permit was granted at these properties to expand the gas facilities in 1979 by Ordinance 1979-20. A special use permit for an illuminated sign was granted at the property in 1998 by Ordinance 1998-09. Ordinances 1966-08, 1979- 20, and 1998-09 are included as Attachments 9-11. In addition to the various zoning actions previously mentioned, the portion of the property identified by parcel identification number 05-16-100-020 was granted variances in 1997 for a reduction of the front yard setback by twenty feet (20’) for a canopy and fuel pumps and a ten foot (10’) front yard setback reduction for post placement. The information for this variance is included as Attachment 12. Those portions of the property identified by parcel identification numbers 05-16-100-003 and 05-09-300-006 appear to have always been zoned A-1. According to the definition of Transportation Corridor found on page 7-36 of the Land Resource Management Plan, this type of land use would be associated with the B-5 Business Planned Development District, B-6 Office and Research Park District, and limited B-3 Highway Business District. The proposed tile business, offices, warehouses, fuel storage, and other light industrial uses would more applicably fit on properties zoned M-1, which more closely corresponds to the Mixed Use Business classification. If the request is granted, the adjacent properties on the west side of Route 47 (the former Aux Sable Building and the Illinois Department of Transportation yard) could the submit the same reclassification request in the future. The types of uses of those building and properties could also fit into the Mixed Use Business classification. ZPAC Memo – Prepared by Matt Asselmeier – November 17, 2023 Page 4 of 4 RECOMMENDATION Staff recommends approval of the requested amendment. ATTACHMENTS 1. Application Letter 2. Picture of Main Building 3. Picture of Looking South by Main Building 4. Picture of South Side of Main Building and South Outbuildings 5. Picture South Outbuildings and Tanks 6. Picture Facing East 7. Picture Facing North 8. Picture of North Outbuilding 9. Ordinance 1966-08 10. Ordinance 1979-20 11. Ordinance 1998-09 12. Variance 1997-17 Attachment 2 Main Building Attachment 3 Looking South By Main Building Attachment 4 South Side of Main Building and South Outbuildings Attachment 5 South Outbuildings and Tanks Attachment 6 Looking East Attachment 7 Looking North Attachment 8 North Outbuilding ZPAC Memo – Prepared by Matt Asselmeier – November 17, 2023 Page 1 of 4 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 23-33 Alan Drake on Behalf of Grainco FS, Inc. (Current Owner) and Andrew and Robert Schwartz on Behalf of A.B. Schwartz, LLC (Contract Purchaser) Map Amendment Rezoning from A-1 and A-1 SU to M-1 INTRODUCTION A.B. Schwartz, LLC would like a map amendment rezoning approximately nineteen point eight more or less (19.8 +/-) acres located on the west side of Route 47 addressed as 8115 Route 47 from A-1 Agricultural District and A-1 SU to M-1 Limited Manufacturing District in order to operate a tile business, offices, warehouses, fuel storage, and other light industrial uses. The application materials are included as Attachment 1. Pictures of the property are included as Attachments 2-8. The amendment to the Future Land Use Map is a separate petition (Petition 23-32). SITE INFORMATION PETITIONERS: Alan Drake on Behalf of Grainco FS, Inc. and Andrew and Robert Schwartz on Behalf of A.B. Schwartz, LLC ADDRESS: 8115 Route 47, Yorkville LOCATION: West Side of Route 47 Approximately 0..33 Miles North of Ament Road TOWNSHIP: Kendall ZPAC Memo – Prepared by Matt Asselmeier – November 17, 2023 Page 2 of 4 PARCEL #s: 05-09-300-006 05-09-300-007 05-16-100-003 05-16-100-004 05-16-100-020 LOT SIZE: 19.8 +/- Acres EXISTING LAND USE: Vacant and Improved Commercial ZONING: 05-09-300-006 A-1 Agricultural 05-09-300-007 A-1 Agricultural with Special Use Permits 05-16-100-003 A-1 Agricultural 05-16-100-004 A-1 Agricultural with Special Use Permits 05-16-100-020 A-1 Agricultural with Special Use Permits LRMP: Future Land Use Transportation Corridor (Petitioner is requesting a change to Mixed Use Business) Yorkville’s Plan calls for the property to be Agricultural. Roads Route 47 is a State maintained arterial road. Trails There are no trails planned in this area. Floodplain/ Wetlands There are no floodplains or wetlands on the property. REQUESTED ACTIONS: Amendment to Future Land Use Map from Transportation Corridor to Mixed Use Business Map Amendment Rezoning Property from A-1 Agricultural and A-1 Agricultural with Special Use Permits to M-1 Limited Manufacturing District APPLICABLE REGULATIONS: Section 13:07 – Map Amendment Procedures SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Improved Commercial and Agricultural B-3 Transportation Corridor (County) Estate/Conservation Residential (Yorkville) A-1, R-1, B-3 (County) R-2, R-3, B-1, and B-3 (Yorkville) South Transportation/Community/Utility (IDOT Yard) and Agricultural A-1 Transportation Corridor and Commercial (County) Agricultural (Yorkville) A-1, A-1 SU, R-3, and B-3 ZPAC Memo – Prepared by Matt Asselmeier – November 17, 2023 Page 3 of 4 East Agricultural/Farmstead A-1 (County) R-2 and R-3 (Yorkville) Transportation Corridor and Commercial (County) Agricultural (Yorkville) A-1 (County) R-2 and R-3 (Yorkville) West Agricultural A-1 Rural Residential (Max 0.65 DU/Acre (County) Agricultural (Yorkville) A-1 The A-1 special use permits to the south are for a church, an illuminated sign, and a cemetery. PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT Report submitted and consultation was terminated (see Attachment 1, Pages 18-20). NATURAL RESOURCES INVENTORY The application for NRI was submitted on November 12, 2023 (see Attachment 1, Page 17). ACTION SUMMARY KENDALL TOWNSHIP Petition information was sent to Kendall Township on November 17, 2023. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville on November 17, 2023. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Fire Protection District on November 17, 2023. GENERAL INFORMATION The portions of the property identified by parcel identification numbers 05-09-300-007, 05-16-100-004, and 05-16-100-020 were originally rezoned to M-1 in 1966 by Ordinance 1966-08. These properties were rezoned back to A-1 and granted a special use permit during the County-wide rezoning in 1974. A special use permit was granted at these properties to expand the gas facilities in 1979 by Ordinance 1979-20. A special use permit for an illuminated sign was granted at the property in 1998 by Ordinance 1998-09. Ordinances 1966-08, 1979-20, and 1998-09 are included as Attachments 9-11. In addition to the various zoning actions previously mentioned, the portion of the property identified by parcel identification number 05-16-100-020 was granted variances in 1997 for a reduction of the front yard setback by twenty feet (20’) for a canopy and fuel pumps and a ten foot (10’) front yard setback reduction for post placement. The information for this variance is included as Attachment 12. Those portions of the property identified by parcel identification numbers 05-16-100-003 and 05-09-300-006 appear to have always been zoned A-1. BUILDING CODES Per the site plan (Attachment 1, Page 21), there are seven (7) buildings presently located on the property. Any new buildings, expansion of existing buildings, or remodeling of these buildings would required applicable building permits and the work would be required to meet applicable building codes. The Petitioners indicate that no new buildings are planned at this time. Any structures or uses that encroach into required setbacks would be considered lawfully non-conforming. Any changes to site, such as new buildings or expanded parking areas, would trigger site plan review and approval under the Zoning Ordinance. ZPAC Memo – Prepared by Matt Asselmeier – November 17, 2023 Page 4 of 4 UTILITIES The site is serviced by a well and septic. There is electricity onsite. There are several LP tanks onsite. ACCESS The property fronts Route 47 and has two (2) access points off of Route 47. Deceleration lanes exist at both entrances on Route 47. PARKING AND INTERNAL TRAFFIC CIRCULATION The site plan shows several gravel and asphalt areas. No dedicated parking spaces appear onsite. Any new parking lots would have to meet applicable regulations. ODORS Based on the proposed uses, no new odors are foreseen. The owners of the property would have to follow applicable odor control regulations based on potential other future M-1 allowable uses. LIGHTING The site plan shows one (1) light pole and there are some existing lights on several of the buildings. The amount of lighting could expand on the property if they install a larger parking lot or if different uses move onto the property. LANDSCAPING AND SCREENING No changes to the landscaping or property screening are proposed. If improvements are made to the site in the future, landscaping and screening would be required as part of site plan review. SIGNAGE Any signage would have to meet applicable regulations and secure permits. NOISE CONTROL Based on the proposed uses, no new noise issues are foreseen. The owners of the property would have to follow applicable noise control regulations based on potential other future M-1 allowable uses. STORMWATER The site plan shows two (2) stormwater inlets. Since no new buildings or impervious surfaces were proposed, a stormwater permit was not required. However, if additional buildings or impervious surfaces are added to the site in the future, stormwater permits could be required at that time. FINDINGS OF FACT §13:07.F of the Zoning Ordinance outlines findings that the Zoning Board of Appeals must make in order to recommend in favor of the applicant on map amendment applications. They are listed below in italics. Staff has provided findings in bold below based on the recommendation: Existing uses of property within the general area of the property in question. The surrounding properties are used for agricultural purposes, larger lot single-family residential uses, Illinois Department of Transportation storage yard, and vacant commercial space that might seek rezoning to industrial in the future. The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned A-1 and B-3 in the unincorporated area and R-2 and R-3 inside the United City of Yorkville. The suitability of the property in question for the uses permitted under the existing zoning classification. The Petitioners propose to use the property for more light industrial type uses that are not allowed in the ZPAC Memo – Prepared by Matt Asselmeier – November 17, 2023 Page 5 of 4 A-1 Agricultural Zoning District. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was in its present zoning classification. The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of th is paragraph the R-1 District shall be considered the highest classification and the M-2 District shall be considered the lowest classification. The trend of development in the area is a mix of agricultural, storage and warehousing, and other light industrial type uses. Consistency with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The Future Land Use Map in the Land Resource Management Plan classifies this property as Transportation Corridor. The United City of Yorkville’s Plan calls for the property to be Agricultural. The Petitioners are also pursuing a change to the County’s Future Land Use Map to Mixed Use Business. If this change is approved, then the requested map amendment would be consistent with the County’s Land Resource Management Plan. RECOMMENDATION If the requested amendment to the Future Land Use Map in the Land Resource Management Plan reclassifying this property as Mixed Use Business is approved, Staff recommends approval of the proposed map amendment. ATTACHMENTS 1. Application Materials 2. Picture of Main Building 3. Picture of Looking South by Main Building 4. Picture of South Side of Main Building and South Outbuildings 5. Picture South Outbuildings and Tanks 6. Picture Facing East 7. Picture Facing North 8. Picture of North Outbuilding 9. Ordinance 1966-08 10. Ordinance 1979-20 11. Ordinance 1998-09 12. Variance 1997-17 Attachment 1, Page 1 Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 1, Page 8 Attachment 1, Page 9 Attachment 1, Page 10 Attachment 1, Page 11 Attachment 1, Page 12 Attachment 1, Page 13 Attachment 1, Page 14 Attachment 1, Page 15 Attachment 1, Page 16 Attachment 1, Page 17 Attachment 1, Page 18 Attachment 1, Page 19 Attachment 1, Page 20 Attachment 1, Page 21 Attachment 2 Main Building Attachment 3 Looking South By Main Building Attachment 4 South Side of Main Building and South Outbuildings Attachment 5 South Outbuildings and Tanks Attachment 6 Looking East Attachment 7 Looking North Attachment 8 North Outbuilding 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: If new information is available at the time of the meeting, then a discussion will be held. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #4 Tracking Number CC 2021-04 City Buildings Updates City Council – January 23, 2024 None Informational Bart Olson Administration Name Department 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: If new information is available at the time of the meeting, then a discussion will be held. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #5 Tracking Number CC 2021-38 Water Study Update City Council – January 23, 2024 None Informational Bart Olson Administration Name Department