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City Council Packet 2024 05-28-24REVISED 5-24-24 @ 3:30 p.m. Revised agenda title for Mayor’s Report Item #5 to include a budget amendment. AGENDA CITY COUNCIL MEETING Tuesday, May 28, 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: 1. Swearing-In to Sergeant – Officer Robbie Hart 2. Merit Award – Officer Nick Mertes 3. Michael Garrett Wolancevich – Blues Hall of Fame Induction Recognition Public Hearings: 1. 2024 Water Bond A public hearing will be held to receive public comments on the proposal to issue revenue bonds of the City, payable solely from the revenue derived from the operation of the City’s water delivery system (the “System”), and other such funds to be pledged, in the amount not to exceed $25,000,000 and bearing interest per annum at a rate not to exceed the maximum rate authorized by law at the such revenue bonds are sold (the “Revenue Bonds”) or, in lieu thereof, its general obligation alternate revenue bonds in the amount not to exceed $25,000,000 (the “Alternate Bonds”), for the purpose of providing funds for the enhancement of the City’s water delivery system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System. United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda May 28, 2024 Page 2 Public Hearings (cont’d): 2. WIFIA Loan A public hearing will be held to receive public comments on the proposal to borrow a Water Infrastructure Finance and Innovation Act loan (a “WIFIA Loan”) from the United States Environmental Protection Agency, payable solely from the revenue derived from the operation of the City’s water delivery system (the “System”), in the amount of not to exceed $160,000,000 and bearing interest per annum at a rate not to exceed the maximum rate authorized by law at the time such WIFIA Loan is borrowed (a “Revenue-Backed WIFIA Loan”) or, in lieu thereof, a general obligation alternate revenue WIFIA Loan in an amount of not to exceed $160,000,000 (the “Alternate Revenue WIFIA Loan”), for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. 3. Public Works and Parks Facility Bond A public hearing will be held to receive public comments on the proposal to issue revenue bonds of the City in the amount of not to exceed $40,000,000 for the purpose of providing funds for (i) the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, (ii) the construction of a new public works facility thereon, and (iii) certain other capital infrastructure projects within the City. Citizen Comments on Agenda Items: Consent Agenda: 1. Bill Payments for Approval $ 545,735.58 (vendors – FY 24) $ 1,309,743.75 (vendors – FY 25) $ 412,087.19 (payroll period ending 05/10/24) $ 2,267,566.52 (total) 2. PW 2024-44 Bluestem Water Main Replacement – Design Engineering Agreement – authorize the Mayor and City Clerk to execute 3. PW 2024-45 Water Rate Study – Professional Services Agreement – authorize the Mayor and City Clerk to execute Mayor’s Report: 1. CC 2024-35 Ordinance Amending Title 3, Chapter 3 of the Code of Ordinances Creating a New Liquor License Class and Fee (Water Parks) – Informational Item 2. CC 2024-44 Resolution Authorizing the Purchase of a Skid Steer From McCann Industries, Inc. in an Amount Not to Exceed $45,440 3. CC 2024-45 Selection of Mayor Pro Tem for Fiscal Year 2025 City Council Agenda May 28, 2024 Page 3 Mayor’s Report (cont’d): 4. CC 2024-46 Ordinance Approving a Redevelopment Agreement By and Between the United City of Yorkville, Kendall County, Illinois and the Williams Group, LLC 5. CC 2024-47 121 East Van Emmon Street (FS Property) a. Ordinance Authorizing the Acquisition of Real Estate and Approval of a Real Estate Purchase Agreement with Grundy Bank as Trustee Under Trust Agreement Dated December 31, 2009 and Known as Trustee Number 1505 b. Ordinance Authorizing the First Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2024 and Ending on April 30, 2025 Public Works Committee Report: 1. PW 2024-41 2024 Local Road Program – Contract Award 2. PW 2024-42 2024 Local Road Program – Construction Engineering Agreement 3. PW 2024-43 2025 Water Main Replacement – Design Engineering Agreement Economic Development Committee Report: 1. EDC 2024-30 East Village of Westbury a. Ordinance Repealing a Planned Unit Development Agreement for the East Village of Westbury b. Ordinance Approving a Memorandum of Understanding Regarding the East Village of Westbury Public Safety Committee Report: Administration Committee Report: Park Board: Planning and Zoning Commission: City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 6. CC 2021-04 City Buildings Updates 7. CC 2021-38 Water Study Update Presentations (cont’d): 1. Elected Officials Harassment Training Additional Business: City Council Agenda May 28, 2024 Page 4 Citizen Comments: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: June 19, 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: June 4, 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: July 11, 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 PUBLIC WORKS: June 18, 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 AGENDA CITY COUNCIL MEETING Tuesday, May 28, 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: 1. Swearing-In to Sergeant – Officer Robbie Hart 2. Merit Award – Officer Nick Mertes 3. Michael Garrett Wolancevich – Blues Hall of Fame Induction Recognition Public Hearings: 1. 2024 Water Bond A public hearing will be held to receive public comments on the proposal to issue revenue bonds of the City, payable solely from the revenue derived from the operation of the City’s water delivery system (the “System”), and other such funds to be pledged, in the amount not to exceed $25,000,000 and bearing interest per annum at a rate not to exceed the maximum rate authorized by law at the such revenue bonds are sold (the “Revenue Bonds”) or, in lieu thereof, its general obligation alternate revenue bonds in the amount not to exceed $25,000,000 (the “Alternate Bonds”), for the purpose of providing funds for the enhancement of the City’s water delivery system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System. United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda May 28, 2024 Page 2 Public Hearings (cont’d): 2. WIFIA Loan A public hearing will be held to receive public comments on the proposal to borrow a Water Infrastructure Finance and Innovation Act loan (a “WIFIA Loan”) from the United States Environmental Protection Agency, payable solely from the revenue derived from the operation of the City’s water delivery system (the “System”), in the amount of not to exceed $160,000,000 and bearing interest per annum at a rate not to exceed the maximum rate authorized by law at the time such WIFIA Loan is borrowed (a “Revenue-Backed WIFIA Loan”) or, in lieu thereof, a general obligation alternate revenue WIFIA Loan in an amount of not to exceed $160,000,000 (the “Alternate Revenue WIFIA Loan”), for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. 3. Public Works and Parks Facility Bond A public hearing will be held to receive public comments on the proposal to issue revenue bonds of the City in the amount of not to exceed $40,000,000 for the purpose of providing funds for (i) the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, (ii) the construction of a new public works facility thereon, and (iii) certain other capital infrastructure projects within the City. Citizen Comments on Agenda Items: Consent Agenda: 1. Bill Payments for Approval $ 545,735.58 (vendors – FY 24) $ 1,309,743.75 (vendors – FY 25) $ 412,087.19 (payroll period ending 05/10/24) $ 2,267,566.52 (total) 2. PW 2024-44 Bluestem Water Main Replacement – Design Engineering Agreement – authorize the Mayor and City Clerk to execute 3. PW 2024-45 Water Rate Study – Professional Services Agreement – authorize the Mayor and City Clerk to execute Mayor’s Report: 1. CC 2024-35 Ordinance Amending Title 3, Chapter 3 of the Code of Ordinances Creating a New Liquor License Class and Fee (Water Parks) – Informational Item 2. CC 2024-44 Resolution Authorizing the Purchase of a Skid Steer From McCann Industries, Inc. in an Amount Not to Exceed $45,440 3. CC 2024-45 Selection of Mayor Pro Tem for Fiscal Year 2025 City Council Agenda May 28, 2024 Page 3 Mayor’s Report (cont’d): 4. CC 2024-46 Ordinance Approving a Redevelopment Agreement By and Between the United City of Yorkville, Kendall County, Illinois and the Williams Group, LLC 5. CC 2024-47 Ordinance Authorizing the Acquisition of Real Estate and Approval of a Real Estate Purchase Agreement with Grundy Bank as Trustee Under Trust Agreement Dated December 31, 2009 And Known as Trustee Number 1505 (FS Property) Public Works Committee Report: 1. PW 2024-41 2024 Local Road Program – Contract Award 2. PW 2024-42 2024 Local Road Program – Construction Engineering Agreement 3. PW 2024-43 2025 Water Main Replacement – Design Engineering Agreement Economic Development Committee Report: 1. EDC 2024-30 East Village of Westbury a. Ordinance Repealing a Planned Unit Development Agreement for the East Village of Westbury b. Ordinance Approving a Memorandum of Understanding Regarding the East Village of Westbury Public Safety Committee Report: Administration Committee Report: Park Board: Planning and Zoning Commission: City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 6. CC 2021-04 City Buildings Updates 7. CC 2021-38 Water Study Update Presentations (cont’d): 1. Elected Officials Harassment Training Additional Business: Citizen Comments: Executive Session: Adjournment: City Council Agenda May 28, 2024 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: June 19, 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: June 4, 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: July 11, 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 PUBLIC WORKS: June 18, 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, May 28, 2024 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Swearing-In to Sergeant – Officer Robbie Hart 2. Merit Award – Officer Nick Mertes 3. Michael Garrett Wolancevich – Blues Hall of Fame Induction Recognition ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARING: ----------------------------------------------------------------------------------------------------------------------------------------- 1. 2024 Water Bond 2. WIFIA Loan 3. Public Works and Parks Facility Bond ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Bill Payments for Approval □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2024-44 Bluestem Water Main Replacement – Design Engineering Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2024-45 Water Study Rate – Professional Services Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2024-35 Ordinance Amending Title 3, Chapter 3 of the Code of Ordinances Creating a New Liquor License Class and Fee (Water Parks) – Informational Item □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2024-44 Resolution Authorizing the Purchase of a Skid Steer From McCann Industries, Inc. in an Amount Not to Exceed $45,440 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2024-45 Selection of Mayor Pro Tem for Fiscal Year 2025 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2024-46 Ordinance Approving a Redevelopment Agreement By and Between the United City of Yorkville, Kendall County, Illinois and the Williams Group, LLC □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2024-47 121 East Van Emmon Street (FS Property) a. Ordinance Authorizing the Acquisition of Real Estate and Approval of a Real Estate Purchase Agreement with Grundy Bank as Trustee Under Trust Agreement Dated December 31, 2009 and Known as Trustee Number 1505 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Authorizing the First Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2024 and Ending on April 30, 2025 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2024-41 2024 Local Road Program – Contract Award □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2024-42 2024 Local Road Program – Construction Engineering Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2024-43 2025 Water Main Replacement – Design Engineering Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2024-30 East Village of Westbury a. Ordinance Repealing a Planned Unit Development Agreement for the East Village of Westbury □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Approving a Memorandum of Understanding Regarding the East Village of Westbury □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2021-04 City Building Updates □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 7. CC 2021-38 Water Study Update □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 4. Elected Officials Harassment Training ----------------------------------------------------------------------------------------------------------------------------------------- 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 Presentations #1 Tracking Number Swearing-In to Sergeant – Officer Robbie Hart City Council – May 28, 2024 None Informational James Jensen Police 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: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Presentations #2 Tracking Number Merit Award – Officer Nick Mertes City Council – May 28, 2024 None Informational James Jensen Police 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: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Presentations #3 Tracking Number Michael Garrett Wolancevich – Blues Hall of Fame Recognition City Council – May 28, 2024 None Informational Mayor John Purcell 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: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Hearing #1 Tracking Number Proposed 2024 Water Bond – Authorizing Ordinance City Council – May 28, 2024 CC – 5/14/24 Authorizing Ordinance adopted CC 2024-40 Informational Please see attached. Rob Fredrickson Finance Name Department Summary Approval of an ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2024, to finance the transition of water sourcing to Lake Michigan through the DuPage Water Commission (DWC), including necessary capital improvements to enhance the City's water delivery system in alignment with this transition. Background This item was last discussed at the March 26th meeting when City Council adopted a reimbursement resolution for the purposes of reimbursing the (51) Water Fund for any Lake Michigan/DWC water sourcing transition and related capital improvement costs that were incurred prior to the issuance of the proposed bonds. This resolution served two primary objectives: (1) it enabled the City to reimburse itself for any project-related expenses incurred within 60 days prior to the passage of the reimbursement resolution using future bond proceeds; and (2) it grants the City the flexibility to issue a bond at any time over the next 36 months (through January 2027), starting from the date that project related costs were first incurred. The next step in the issuance process would be the passage of an Intent to Issue Ordinance (i.e., the “Authorizing Ordinance”). The Authorizing Ordinance first authorizes the City to issue water revenue bonds but then provides that, under the Debt Reform Act, the City can issue ARS bonds in lieu of its water revenue bonds. The Authorizing Ordinance sets out that because water revenue bonds have been authorized, the City can issue its ARS bonds in lieu thereof in compliance with the Debt Reform Act. Moreover, the Authorizing Ordinance (Exhibit A), establishes the maximum amount of principal that could be issued, which is presently capped in the ordinance at $25 million. As shown in attached debt service schedule (Exhibit C), the bonds are currently projected to provide a total of $22.496 million in proceeds ($22.455 million in principal, plus a premium of $291,140, less issuance costs of $250,000). However, Council always reserves the right to issue the bonds for less than that amount, should it choose to do so. Besides setting the maximum principal amount for the potential bond issue, the Authorizing Ordinance also establishes what projects the City may use the bond proceeds on. As noted in the appended ordinance, the 2024 Water bond proceeds could be spent on any qualifying project that enhances the City’s Water “System by replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and by constructing a new water supply line and connection to the DuPage Water Commission for a new source of water.” Furthermore, it is important to note that all proposed bond proceeds would be allocated to WIFIA eligible capital projects, thus fulfilling the City’s 20% match requirement for the impending WIFIA loan. Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: May 8, 2024 Subject: Ordinance Authorizing the Issuance of the 2024 Water Bonds The Authorizing Ordinance also identifies the specific revenues pledged for the repayment of the proposed bond issue. As you may recall from prior Alternate Revenue Source (ARS) bond issuances, this revenue pledge is essentially a financial benchmark, created by the bond indenture (i.e., contract) or final bond ordinance. This revenue pledge mandates the City demonstrate the sufficiency of the revenues allocated to support debt service payments by meeting or surpassing the 125% threshold. The pledged revenues for the proposed 2024 Water bonds consist of (1) Water Fund net revenues (i.e., revenues less operating expenses) from the City’s water system; (2) any revenues derived from a places of eating tax (recently implemented on January 1, 2024); and (3) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (i.e., a portion of fund equity can be used to cover the additional 25% pledge requirement over actual debt service amounts at 100%). In contrast to the WIFIA loan, which relies on projected figures for its revenue pledge, the proposed 2024 Water bonds would be fully backed by existing revenues within the Water Fund, as detailed in the FY 2023 audited financial statements. Assuming passage of the Authorizing Ordinance, the next step would be the publication of the Authorizing Ordinance and the statutory notice in the Beacon News. This notice would provide that, unless a petition, signed by not less than 7.5% of the registered voters of the City, is filed with the City Clerk within 30 days after such publication date, then the ARS bonds can be issued. If a sufficient number of registered voters do sign and file the petition within the 30-day backdoor referendum period, then the issuance of the ARS bonds would have to be put up for referendum on the November 5, 2024 election. The 30-day challenge period for taxpayers to file a backdoor referendum would begin on the planned publication date of May 17th. Pursuant to the Bond Issuance Notification Act (BINA), the Mayor would order a public hearing (Exhibit B), in order to establish the date and time for the public hearing on the proposed 2024 Water bond issue, which is tentatively set for the May 24th City Council meeting. A public notice of the BINA hearing will be published in the Beacon News on May 17th. The City Council cannot adopt a bond ordinance providing for the issuance of the bonds until 7 days after the public hearing has been held. Once the 30-day backdoor referendum period concludes (anticipated during the week of June 17th), the subsequent step in the process involves the Council's adoption of a final ordinance to authorize the debt issuance, thus finalizing the issuance process. As previously noted, staff recommends the concurrent issuance of the proposed 2024 water bonds alongside the proposed Public Works/Parks facility bonds, in order to minimize issuance costs. After thorough analysis of the City’s cash position, staff is confident in the sufficiency of overall cash flow to fully finance all budgeted capital projects until the size and scope of the new Public Works/Park facility is determined later this year. Additionally, the infusion of bond proceeds from this proposed issue would enhance cash flow management within the Water Fund. This is particularly beneficial considering the timing intricacies associated with capital projects tied to the DWC/Lake Michigan water sourcing initiative and would also serve to mitigate any potential delays in financing from WIFIA. Also included is a preliminary debt service schedule (prepared by Speer Financial), which shows annual debt service amounts fluctuating between $1.0 and $1.9 million over a 25-year timeframe, which is the same timeframe outlined in the FY 25 Adopted Budget. Recommendation Staff recommends approval of the attached ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2024. 51949207.2 MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, at 7 o’clock P.M., on the 14th day of May, 2024. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, John Purcell, the City Mayor, and the following Aldermen were physically present at said location: ________________________________________________ _____________________________ _____________________________________________________________________________. The following Aldermen were allowed by a majority of the Aldermen of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _______________________________________________ ______________________________________________________________________________ No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _______________________________________________________ ______________________________________________________________________________ The Mayor announced that, in view of the need to provide funds for the enhancement of the City’s water delivery system, the City Council would consider the adoption of an ordinance authorizing the issuance of its water revenue bonds or, in lieu thereof, its general obligation alternate revenue bonds pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, and directing the publication of a notice setting forth the determination of the City Council to issue such bonds. 2 Whereupon Alderman ____________________ presented and the City Clerk read by title an Ordinance as follows, a copy of which was provided to each Alderman prior to said meeting and to everyone in attendance at said meeting who requested a copy: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $25,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. * * * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended (the “Code”), and all laws amendatory thereof and supplementary thereto, including without limitation the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City has owned and operated a municipally-owned water supply system (the “System”) under and pursuant to the provisions of Division 129 of Article 11 of the Code; and WHEREAS, the Mayor and the City Council of the City (the “City Council”) have determined that it is advisable, necessary and in the best interests of the public health, safety, welfare and convenience of the City to enhance the System, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water (collectively, the “Project”), all in accordance with the preliminary plans and estimates of costs therefor heretofore presented to the City Council and WHEREAS, the estimated costs of the Project, including, without limitation, legal, financial, bond discount, bond registrar, paying agent and other related banking fees, printing and publication 2 costs and other expenses, does not exceed $25,000,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs; and WHEREAS, pursuant to Article 8 and Article 11 of the Code, the City is authorized to issue its water revenue bonds payable solely from the revenue derived from the operation of the System to pay the costs of the Project (the “Revenue Bonds”), subject to right of backdoor petition for referendum; and WHEREAS, pursuant to the provisions of Section 15 of the Debt Reform Act, whenever the City has been authorized under applicable law (as defined in the Debt Reform Act) to issue revenue bonds under the Code, the City may issue its general obligation alternate bonds (as defined in the Debt Reform Act) in lieu of such revenue bonds; and WHEREAS, it is necessary and for the best interests of the City that the Project be undertaken, and, in order to finance the cost thereof, it will be necessary for the City to issue (a) the Revenue Bonds in an aggregate amount not to exceed $25,000,000 payable from the revenue derived from the operation of the System, or (b) in lieu thereof, its general obligation alternate revenue bonds (the “Alternate Bonds”), which Alternate Bonds shall be in an aggregate amount not to exceed $25,000,000 and be payable from (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund (the “Water Fund”), and (iii) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (collectively, the “Pledged Revenues”), as authorized to be issued at this time pursuant to the Debt Reform Act; and WHEREAS, as provided in the Debt Reform Act, if the Pledged Revenues are insufficient to pay the principal and interest on the Alternate Bonds, ad valorem property taxes levied upon all taxable property in the City without limitation as to rate or amount are authorized to be extended and collected to pay the principal of and interest on the Alternate Bonds; and 3 WHEREAS, the costs of the Project are expected to be paid for from the proceeds of the Alternate Bonds which are authorized to be issued pursuant to the Debt Reform Act, subject to the right of backdoor petition for referendum; and WHEREAS, pursuant to and in accordance with the provisions of Section 15 of the Debt Reform Act, and in lieu of the issuance of its Revenue Bonds, the City is authorized to issue its Alternate Bonds in an aggregate principal amount not to exceed $25,000,000 for the purpose of providing funds to pay the costs of the Project; and WHEREAS, before Revenue Bonds or, in lieu thereof, the Alternate Bonds may be issued for said purpose, Division 129 of Article 11 of the Code and Section 15 of the Debt Reform Act require that the City Council must first adopt an Ordinance authorizing the issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds for said purpose and directing that notice of such authorization be published as provided by law. NOW, THEREFORE, Be It and It Is Hereby Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Incorporation of Preambles. The City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are full, true and correct and does incorporate them into this Ordinance by this reference. Section 2. Determination to Issue Bonds. It is necessary and in the best interests of the public health, safety, welfare and convenience of the City to undertake the Project in accordance with the estimate of costs as hereinabove described, and that for such purpose there are hereby authorized to be issued and sold by the City its Revenue Bonds in an aggregate principal amount not to exceed $25,000,000 or, in lieu thereof, its Alternate Bonds in an aggregate principal amount not to exceed $25,000,000. The issuance of the Revenue Bonds or, in lieu thereof, the 4 Alternate Bonds shall be subject to the right of backdoor petition for referendum as set forth herein and the adoption of a bond ordinance setting forth the terms for the issuance and sale thereof. Section 3. Publication. This Ordinance, together with a notice in the statutory form as set forth herein in Section 4 (the “Notice”), shall be published at least once within ten (10) days after passage hereof by the City Council in the Beacon-News, the same being a newspaper of general circulation in the City, and if no petition, signed by not less than 1,572 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City), asking that the question of the Project, as provided in this Ordinance, and the issuance of the Revenue Bonds therefor be submitted to the electors of this City is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the Revenue Bonds shall be authorized to be issued. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to issue the Revenue Bonds shall be held on the 5th day of November, 2024 (being the next election held in accordance with the general election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. If no petition, signed by not less than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters), asking that the issuance of the Alternate Bonds be submitted to referendum, is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the Alternate Bonds shall be authorized to be issued. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to issue the Alternate Bonds shall be held on the 5th day of November, 2024 (being the next election held in accordance with the general 5 election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. It is expressly provided that in the event there shall be filed with the City Clerk in a timely manner a petition, asking that the issuance of the Revenue Bonds be submitted to a referendum, the Alternate Bonds shall not be authorized to be issued until such time as the issuance of the Revenue Bonds shall have been submitted to the electors of the City and a majority of votes cast on such question shall have been in favor thereof. Section 4. Form of Notice. The notice of the intention to issue the Revenue Bonds or, in lieu thereof, the Alternate Bonds shall be in substantially the following form: NOTICE OF INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO ISSUE $25,000,000 REVENUE BONDS OR, IN LIEU THEREOF, $25,000,000 ALTERNATE REVENUE BONDS AND RIGHT TO FILE PETITION PUBLIC NOTICE is hereby given that pursuant to an Ordinance (the “Ordinance”) adopted on the 14th day of May, 2024 by the City Council (the “City Council”) of the United City of Yorkville, Kendall County, Illinois (the “City”), the City intends to issue its revenue bonds, payable solely from the revenue derived from the operation of the City’s water delivery system (the “System”), in an aggregate amount of not to exceed $25,000,000 and bearing interest per annum at a rate not to exceed the maximum rate authorized by law at the time such revenue bonds are sold (the “Revenue Bonds”) or, in lieu thereof, its general obligation alternate revenue bonds in an aggregate amount of not to exceed $25,000,000 (the “Alternate Bonds”), for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. The revenue sources for the payment of the Alternate Bonds will be (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City’s Water Fund. If these revenue sources are insufficient to pay the Alternate Bonds, the City will also levy ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount to pay the principal of and interest on the Alternate Bonds. This notice is incorporated into the Ordinance. Notice is hereby further given that a petition may be filed with the City Clerk (the “City Clerk”) within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,572 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City) asking that the question of the Project, as provided in the Ordinance, and the issuance of the Revenue Bonds be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to issue the Revenue Bonds shall be held on the 5th day of November, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to issue the Revenue Bonds for the purpose hereinabove provided. Notice is further hereby further given that a petition may be filed with the City Clerk within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters) asking that 2 the issuance of the Alternate Bonds be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to issue the Alternate Bonds shall be held on the 5th day of November, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to issue the Alternate Bonds for the purpose hereinabove provided. By order of the City Council of the United City of Yorkville, Kendall County, Illinois. DATED this 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears over the name of the City Clerk. 3 Section 5. Additional Ordinances. If no petition with respect to the issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds and meeting the requirements of applicable law is filed during the petition period hereinabove referred to, then the City Council may adopt additional ordinances or proceedings supplementing or amending this Ordinance providing for the issuance and sale of the Revenue Bonds or, in lieu thereof, the Alternate Bonds and prescribing all the details of the Revenue Bonds or, in lieu thereof, the Alternate Bonds, so long as the maximum amount of the Revenue Bonds or, in lieu thereof, the Alternate Bonds as set forth in this Ordinance is not exceeded and there is no material change in the Project described herein. Such additional ordinances or proceedings shall in all instances become effective immediately without publication or posting or any further act or requirement. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds under applicable law. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. (This space is intentionally blank) 4 Section 7. Repealer and Effective Date. All Ordinances and parts of Ordinances in conflict herewith be and the same are hereby repealed and that this Ordinance be in full force and effect forthwith upon its adoption. ADOPTED by the City Council on the 14th day of May, 2024, pursuant to a roll call vote as follows: DANIEL V. TRANSIER KEN KOCH MATT MAREK ARDEN JOE PLOCHER CHRIS FUNKHOUSER SEAVER TARULIS CRAIG SOLING RUSTY CORNEILS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. CITY CLERK Alderman _______________________ moved and Alderman ________________________ seconded the motion that said Ordinance as presented and read by title be adopted. After a full and complete discussion thereof, the Mayor directed the City Clerk to call the roll for a vote upon the motion to adopt said Ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________. The following Aldermen voted NAY: __________________________________________ Whereupon the Mayor declared the motion carried and said Ordinance adopted, and in open meeting approved and signed said Ordinance and directed the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville, Kendall County, Illinois, which was done. Other business not pertinent to the adoption of said Ordinance was duly transacted at said meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. ____________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the City and of the City Council thereof (the “City Council”). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the City Council held on the 14th day of May, 2024, insofar as same relates to the adoption of Ordinance No. entitled: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $25,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. a true, correct and complete copy of which said Ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the City Council on the adoption of said Ordinance were conducted openly, that the vote on the adoption of said Ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the City Council at least 96 hours in advance of the holding of said meeting and on a day that was not a Saturday, Sunday or legal holiday in the State of Illinois, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Public Code of the State of Illinois, as amended, the Open Meetings Act of the State of Illinois, as amended, and the Local Government Debt Reform Act of the State of Illinois, as amended, and that the City Council has complied with all of the provisions of said Acts and with all of the procedural rules of the City Council in the conduct of said meeting and in the adoption of said Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature, this 14th day of May, 2024. (SEAL) City Clerk, United City of Yorkville, Kendall County, Illinois [Attach Agenda as Exhibit A] STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION –REVENUE BONDS We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to issue not to exceed $25,000,000 revenue bonds to provide funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water, as provided for by the Ordinance adopted by the City Council of said City on the 14th day of May, 2024, with the revenue sources to be used to pay the principal of and interest on said revenue bonds to be the revenues of the City’s water delivery system?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 5th day of November, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2024. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $25,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, duly adopted by the City Council of the City (the “City Council”) on the 14th day of May, 2024, notice of authorization of the City to issue not to exceed $25,000,000 Revenue Bonds was published on the day of , 2024, in the Beacon-News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to issue said revenue bonds be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this ____ day of , 2024. __________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION – ALTERNATE REVENUE BONDS We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to issue not to exceed $25,000,000 general obligation alternate revenue bonds to provide funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water, as provided for by the Ordinance adopted by the City Council of said City on the 14th day of May, 2024, with the revenue sources to be used to pay the principal of and interest on said bonds to be (i) the net revenues derived from the operation of the City’s water delivery system, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City’s Water Fund, unless said revenue sources are insufficient to pay said bonds, in which case ad valorem property taxes levied upon all taxable property in said City without limitation as to rate or amount are authorized to be extended for such purpose?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 5th day of November, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2024. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $25,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, duly adopted by the City Council of the City (the “City Council”) on the 14th day of May, 2024, notice of authorization of the City to issue not to exceed $25,000,000 Alternate Revenue Bonds was published on the day of , 2024, in the Beacon-News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to issue said bonds be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this day of , 2024. __________________________________ City Clerk ORDER calling a public hearing concerning the intent of the City Council of the United City of Yorkville, Kendall County, Illinois, to sell not to exceed $25,000,000 General Obligation Alternate Revenue Bonds. * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended, and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City Council of the City (the “City Council”) intends to sell bonds in the amount of not to exceed $25,000,000 (the “Bonds”) for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water; and WHEREAS, the Bond Issue Notification Act of the State of Illinois, as amended, requires the City Council to hold a public hearing concerning the City Council’s intent to sell the Bonds before adopting an ordinance providing for the sale of the Bonds and further requires that the governing body or the presiding officer of the governing body set the date, time, and location of such public hearing: NOW, THEREFORE, Be It and It Is Hereby Ordered by the Mayor of the United City of Yorkville, Kendall County, Illinois, as follows: 1. Public Hearing. I hereby call a public hearing to be held at 7:00 o’clock P.M. on the 28th day of May, 2024, in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, concerning -2- the City Council’s intent to sell the Bonds and to receive public comments regarding the proposal to sell the Bonds (the “Hearing”). 2. Notice. I hereby direct the City Clerk (the “City Clerk”) to (i) publish notice of the Hearing at least once in the Beacon-News, the same being a newspaper of general circulation in the City, not less than seven (7) nor more than thirty (30) days before the date of the Hearing and (ii) post at least 48 hours before the Hearing a copy of said notice at the principal office of the City Council. 3. Form of Notice. Notice of the Hearing shall appear above the name of the City Clerk and shall be in substantially the following form: -3- NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO SELL NOT TO EXCEED $25,000,000,000 GENERAL OBLIGATION ALTERNATE REVENUE BONDS PUBLIC NOTICE IS HEREBY GIVEN that the United City of Yorkville, Kendall County, Illinois (the “City”), will hold a public hearing on the 28th day of May, 2024, at 7:00 o’clock P.M. The hearing will be held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell general obligation alternate revenue bonds of the City in the amount of not to exceed $25,000,000 for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. The City allows remote attendance to the public hearing. Public comments on such proposal may be emailed to jbehland@yorkville.il.us. The City publishes a remote participation meeting link for every City meeting at https://www.yorkville.il.us/520/Agendas‐Minutes‐Packets. Each meeting generally has a phone number for audio call‐in, or a video meeting link. Residents who attend the meeting via phone or computer through the methods above, may speak during the public hearing. By order of the Mayor of the United City of Yorkville, Kendall County, Illinois. DATED the 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears above the name of the City Clerk. -4- 4. Hearing Requirements. At the Hearing, the City Council shall explain the reasons for the proposed bond issue and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. The City Council shall not adopt an ordinance selling the Bonds for a period of seven (7) days after the final adjournment of the Hearing. ORDERED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Table of Contents Report Sources & Uses 1 Debt Service Schedule 2 Net Debt Service Schedule 3 Pricing Summary 4 Proof of Premium/5Yr Call Bond Selection of Call D 5 Proof of D/S for Arbitrage Purposes 6 Proof of Bond Yield @ 4.2006727%7 Detail Costs Of Issuance 8 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Sources & Uses Dated 08/21/2024 | Delivered 08/21/2024 Sources Of Funds Par Amount of Bonds $22,455,000.00 Reoffering Premium 470,799.70 Total Sources $22,925,799.70 Uses Of Funds Total Underwriter's Discount (0.800%)179,640.00 Costs of Issuance 250,000.00 Deposit to Project Fund 22,496,159.70 Total Uses $22,925,799.70 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 1 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/21/2024 ----- 06/30/2025 --843,237.40 843,237.40 - 12/30/2025 --491,206.25 491,206.25 - 04/30/2026 ----1,334,443.65 06/30/2026 --491,206.25 491,206.25 - 12/30/2026 --491,206.25 491,206.25 - 04/30/2027 ----982,412.50 06/30/2027 --491,206.25 491,206.25 - 12/30/2027 --491,206.25 491,206.25 - 04/30/2028 ----982,412.50 06/30/2028 --491,206.25 491,206.25 - 12/30/2028 --491,206.25 491,206.25 - 04/30/2029 ----982,412.50 06/30/2029 --491,206.25 491,206.25 - 12/30/2029 --491,206.25 491,206.25 - 04/30/2030 ----982,412.50 06/30/2030 --491,206.25 491,206.25 - 12/30/2030 --491,206.25 491,206.25 - 04/30/2031 ----982,412.50 06/30/2031 --491,206.25 491,206.25 - 12/30/2031 --491,206.25 491,206.25 - 04/30/2032 ----982,412.50 06/30/2032 --491,206.25 491,206.25 - 12/30/2032 --491,206.25 491,206.25 - 04/30/2033 ----982,412.50 06/30/2033 --491,206.25 491,206.25 - 12/30/2033 --491,206.25 491,206.25 - 04/30/2034 ----982,412.50 06/30/2034 --491,206.25 491,206.25 - 12/30/2034 910,000.00 5.000%491,206.25 1,401,206.25 - 04/30/2035 ----1,892,412.50 06/30/2035 --468,456.25 468,456.25 - 12/30/2035 960,000.00 5.000%468,456.25 1,428,456.25 - 04/30/2036 ----1,896,912.50 06/30/2036 --444,456.25 444,456.25 - 12/30/2036 1,010,000.00 5.000%444,456.25 1,454,456.25 - 04/30/2037 ----1,898,912.50 06/30/2037 --419,206.25 419,206.25 - 12/30/2037 1,060,000.00 4.000%419,206.25 1,479,206.25 - 04/30/2038 ----1,898,412.50 06/30/2038 --398,006.25 398,006.25 - 12/30/2038 1,110,000.00 4.000%398,006.25 1,508,006.25 - 04/30/2039 ----1,906,012.50 06/30/2039 --375,806.25 375,806.25 - 12/30/2039 1,145,000.00 4.000%375,806.25 1,520,806.25 - 04/30/2040 ----1,896,612.50 06/30/2040 --352,906.25 352,906.25 - 12/30/2040 1,190,000.00 4.000%352,906.25 1,542,906.25 - 04/30/2041 ----1,895,812.50 06/30/2041 --329,106.25 329,106.25 - 12/30/2041 1,240,000.00 4.000%329,106.25 1,569,106.25 - 04/30/2042 ----1,898,212.50 06/30/2042 --304,306.25 304,306.25 - 12/30/2042 1,290,000.00 4.250%304,306.25 1,594,306.25 - 04/30/2043 ----1,898,612.50 06/30/2043 --276,893.75 276,893.75 - 12/30/2043 1,340,000.00 4.250%276,893.75 1,616,893.75 - 04/30/2044 ----1,893,787.50 06/30/2044 --248,418.75 248,418.75 - 12/30/2044 1,400,000.00 4.250%248,418.75 1,648,418.75 - 04/30/2045 ----1,896,837.50 06/30/2045 --218,668.75 218,668.75 - 12/30/2045 1,465,000.00 4.250%218,668.75 1,683,668.75 - 04/30/2046 ----1,902,337.50 06/30/2046 --187,537.50 187,537.50 - 12/30/2046 1,520,000.00 4.500%187,537.50 1,707,537.50 - 04/30/2047 ----1,895,075.00 06/30/2047 --153,337.50 153,337.50 - 12/30/2047 1,595,000.00 4.500%153,337.50 1,748,337.50 - 04/30/2048 ----1,901,675.00 06/30/2048 --117,450.00 117,450.00 - 12/30/2048 1,665,000.00 4.500%117,450.00 1,782,450.00 - 04/30/2049 ----1,899,900.00 06/30/2049 --79,987.50 79,987.50 - 12/30/2049 1,740,000.00 4.500%79,987.50 1,819,987.50 - 04/30/2050 ----1,899,975.00 06/30/2050 --40,837.50 40,837.50 - 12/30/2050 1,815,000.00 4.500%40,837.50 1,855,837.50 - 04/30/2051 ----1,896,675.00 Total $22,455,000.00 -$19,006,918.65 $41,461,918.65 - Yield Statistics Bond Year Dollars $434,661.38 Average Life 19.357 Years Average Coupon 4.3728106% Net Interest Cost (NIC)4.3058252% True Interest Cost (TIC)4.2669470% Bond Yield for Arbitrage Purposes 4.2006727% All Inclusive Cost (AIC)4.3532895% IRS Form 8038 Net Interest Cost 4.2103910% Weighted Average Maturity 19.203 Years 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 2 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S 12/30/2024 ----- 12/30/2025 --1,334,443.65 1,334,443.65 1,334,443.65 12/30/2026 --982,412.50 982,412.50 982,412.50 12/30/2027 --982,412.50 982,412.50 982,412.50 12/30/2028 --982,412.50 982,412.50 982,412.50 12/30/2029 --982,412.50 982,412.50 982,412.50 12/30/2030 --982,412.50 982,412.50 982,412.50 12/30/2031 --982,412.50 982,412.50 982,412.50 12/30/2032 --982,412.50 982,412.50 982,412.50 12/30/2033 --982,412.50 982,412.50 982,412.50 12/30/2034 910,000.00 5.000%982,412.50 1,892,412.50 1,892,412.50 12/30/2035 960,000.00 5.000%936,912.50 1,896,912.50 1,896,912.50 12/30/2036 1,010,000.00 5.000%888,912.50 1,898,912.50 1,898,912.50 12/30/2037 1,060,000.00 4.000%838,412.50 1,898,412.50 1,898,412.50 12/30/2038 1,110,000.00 4.000%796,012.50 1,906,012.50 1,906,012.50 12/30/2039 1,145,000.00 4.000%751,612.50 1,896,612.50 1,896,612.50 12/30/2040 1,190,000.00 4.000%705,812.50 1,895,812.50 1,895,812.50 12/30/2041 1,240,000.00 4.000%658,212.50 1,898,212.50 1,898,212.50 12/30/2042 1,290,000.00 4.250%608,612.50 1,898,612.50 1,898,612.50 12/30/2043 1,340,000.00 4.250%553,787.50 1,893,787.50 1,893,787.50 12/30/2044 1,400,000.00 4.250%496,837.50 1,896,837.50 1,896,837.50 12/30/2045 1,465,000.00 4.250%437,337.50 1,902,337.50 1,902,337.50 12/30/2046 1,520,000.00 4.500%375,075.00 1,895,075.00 1,895,075.00 12/30/2047 1,595,000.00 4.500%306,675.00 1,901,675.00 1,901,675.00 12/30/2048 1,665,000.00 4.500%234,900.00 1,899,900.00 1,899,900.00 12/30/2049 1,740,000.00 4.500%159,975.00 1,899,975.00 1,899,975.00 12/30/2050 1,815,000.00 4.500%81,675.00 1,896,675.00 1,896,675.00 Total $22,455,000.00 -$19,006,918.65 $41,461,918.65 $41,461,918.65 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 3 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price YTM Call Date Call Price Dollar Price 12/30/2034 Serial Coupon 5.000%3.250%910,000.00 115.283% ---1,049,075.30 12/30/2035 Serial Coupon 5.000%3.300%960,000.00 114.808%c 3.416%12/30/2034 100.000%1,102,156.80 12/30/2036 Serial Coupon 5.000%3.400%1,010,000.00 113.866%c 3.600%12/30/2034 100.000%1,150,046.60 12/30/2037 Serial Coupon 4.000%3.750%1,060,000.00 102.125%c 3.795%12/30/2034 100.000%1,082,525.00 12/30/2038 Serial Coupon 4.000%3.850%1,110,000.00 101.267%c 3.884%12/30/2034 100.000%1,124,063.70 12/30/2039 Serial Coupon 4.000%3.950%1,145,000.00 100.417%c 3.963%12/30/2034 100.000%1,149,774.65 12/30/2040 Serial Coupon 4.000%4.050%1,190,000.00 99.402% ---1,182,883.80 12/30/2041 Serial Coupon 4.000%4.100%1,240,000.00 98.762% ---1,224,648.80 12/30/2042 Serial Coupon 4.250%4.150%1,290,000.00 100.830%c 4.184%12/30/2034 100.000%1,300,707.00 12/30/2043 Serial Coupon 4.250%4.200%1,340,000.00 100.412%c 4.218%12/30/2034 100.000%1,345,520.80 12/30/2044 Serial Coupon 4.250%4.250%1,400,000.00 100.000% ---1,400,000.00 12/30/2045 Serial Coupon 4.250%4.300%1,465,000.00 99.301% ---1,454,759.65 12/30/2046 Serial Coupon 4.500%4.350%1,520,000.00 101.235%c 4.412%12/30/2034 100.000%1,538,772.00 12/30/2047 Serial Coupon 4.500%4.400%1,595,000.00 100.819%c 4.443%12/30/2034 100.000%1,608,063.05 12/30/2048 Serial Coupon 4.500%4.450%1,665,000.00 100.406%c 4.472%12/30/2034 100.000%1,671,759.90 12/30/2049 Serial Coupon 4.500%4.500%1,740,000.00 100.000% ---1,740,000.00 12/30/2050 Serial Coupon 4.500%4.550%1,815,000.00 99.231% ---1,801,042.65 Total ---$22,455,000.00 -----$22,925,799.70 Bid Information Par Amount of Bonds $22,455,000.00 Reoffering Premium or (Discount)470,799.70 Gross Production $22,925,799.70 Total Underwriter's Discount (0.800%)$(179,640.00) Bid (101.297%)22,746,159.70 Total Purchase Price $22,746,159.70 Bond Year Dollars $434,661.38 Average Life 19.357 Years Average Coupon 4.3728106% Net Interest Cost (NIC)4.3058252% True Interest Cost (TIC)4.2669470% 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 4 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Proof of Premium/5Yr Call Bond Selection of Call Dates/Prices Maturity Call Date Call Price PV at Bond Yield Lowest? 12/30/2035 --1,028,452.94 No 12/30/2035 12/30/2034 100.000%1,023,617.17 Yes 12/30/2036 --1,086,898.66 No 12/30/2036 12/30/2034 100.000%1,076,930.56 Yes 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 5 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Proof of D/S for Arbitrage Purposes Date Principal Interest Total 08/21/2024 --- 06/30/2025 -843,237.40 843,237.40 12/30/2025 -491,206.25 491,206.25 06/30/2026 -491,206.25 491,206.25 12/30/2026 -491,206.25 491,206.25 06/30/2027 -491,206.25 491,206.25 12/30/2027 -491,206.25 491,206.25 06/30/2028 -491,206.25 491,206.25 12/30/2028 -491,206.25 491,206.25 06/30/2029 -491,206.25 491,206.25 12/30/2029 -491,206.25 491,206.25 06/30/2030 -491,206.25 491,206.25 12/30/2030 -491,206.25 491,206.25 06/30/2031 -491,206.25 491,206.25 12/30/2031 -491,206.25 491,206.25 06/30/2032 -491,206.25 491,206.25 12/30/2032 -491,206.25 491,206.25 06/30/2033 -491,206.25 491,206.25 12/30/2033 -491,206.25 491,206.25 06/30/2034 -491,206.25 491,206.25 12/30/2034 2,880,000.00 491,206.25 3,371,206.25 06/30/2035 -419,206.25 419,206.25 12/30/2035 -419,206.25 419,206.25 06/30/2036 -419,206.25 419,206.25 12/30/2036 -419,206.25 419,206.25 06/30/2037 -419,206.25 419,206.25 12/30/2037 1,060,000.00 419,206.25 1,479,206.25 06/30/2038 -398,006.25 398,006.25 12/30/2038 1,110,000.00 398,006.25 1,508,006.25 06/30/2039 -375,806.25 375,806.25 12/30/2039 1,145,000.00 375,806.25 1,520,806.25 06/30/2040 -352,906.25 352,906.25 12/30/2040 1,190,000.00 352,906.25 1,542,906.25 06/30/2041 -329,106.25 329,106.25 12/30/2041 1,240,000.00 329,106.25 1,569,106.25 06/30/2042 -304,306.25 304,306.25 12/30/2042 1,290,000.00 304,306.25 1,594,306.25 06/30/2043 -276,893.75 276,893.75 12/30/2043 1,340,000.00 276,893.75 1,616,893.75 06/30/2044 -248,418.75 248,418.75 12/30/2044 1,400,000.00 248,418.75 1,648,418.75 06/30/2045 -218,668.75 218,668.75 12/30/2045 1,465,000.00 218,668.75 1,683,668.75 06/30/2046 -187,537.50 187,537.50 12/30/2046 1,520,000.00 187,537.50 1,707,537.50 06/30/2047 -153,337.50 153,337.50 12/30/2047 1,595,000.00 153,337.50 1,748,337.50 06/30/2048 -117,450.00 117,450.00 12/30/2048 1,665,000.00 117,450.00 1,782,450.00 06/30/2049 -79,987.50 79,987.50 12/30/2049 1,740,000.00 79,987.50 1,819,987.50 06/30/2050 -40,837.50 40,837.50 12/30/2050 1,815,000.00 40,837.50 1,855,837.50 Total $22,455,000.00 $18,857,918.65 $41,312,918.65 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 6 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Proof of Bond Yield @ 4.2006727% Date Cashflow PV Factor Present Value Cumulative PV 08/21/2024 -1.0000000x -- 06/30/2025 843,237.40 0.9649468x 813,679.20 813,679.20 12/30/2025 491,206.25 0.9450966x 464,237.34 1,277,916.53 06/30/2026 491,206.25 0.9256547x 454,687.37 1,732,603.91 12/30/2026 491,206.25 0.9066128x 445,333.86 2,177,937.77 06/30/2027 491,206.25 0.8879626x 436,172.77 2,614,110.54 12/30/2027 491,206.25 0.8696960x 427,200.13 3,041,310.66 06/30/2028 491,206.25 0.8518053x 418,412.07 3,459,722.73 12/30/2028 491,206.25 0.8342825x 409,804.79 3,869,527.52 06/30/2029 491,206.25 0.8171202x 401,374.57 4,270,902.09 12/30/2029 491,206.25 0.8003110x 393,117.78 4,664,019.87 06/30/2030 491,206.25 0.7838476x 385,030.83 5,049,050.70 12/30/2030 491,206.25 0.7677228x 377,110.25 5,426,160.95 06/30/2031 491,206.25 0.7519298x 369,352.60 5,795,513.56 12/30/2031 491,206.25 0.7364616x 361,754.54 6,157,268.10 06/30/2032 491,206.25 0.7213116x 354,312.78 6,511,580.88 12/30/2032 491,206.25 0.7064733x 347,024.11 6,858,604.99 06/30/2033 491,206.25 0.6919402x 339,885.37 7,198,490.36 12/30/2033 491,206.25 0.6777061x 332,893.49 7,531,383.85 06/30/2034 491,206.25 0.6637648x 326,045.44 7,857,429.29 12/30/2034 3,371,206.25 0.6501103x 2,191,656.04 10,049,085.33 06/30/2035 419,206.25 0.6367367x 266,924.01 10,316,009.34 12/30/2035 419,206.25 0.6236382x 261,433.04 10,577,442.38 06/30/2036 419,206.25 0.6108092x 256,055.03 10,833,497.41 12/30/2036 419,206.25 0.5982440x 250,787.64 11,084,285.05 06/30/2037 419,206.25 0.5859374x 245,628.61 11,329,913.66 12/30/2037 1,479,206.25 0.5738839x 848,892.64 12,178,806.31 06/30/2038 398,006.25 0.5620784x 223,710.70 12,402,517.01 12/30/2038 1,508,006.25 0.5505157x 830,181.08 13,232,698.09 06/30/2039 375,806.25 0.5391909x 202,631.29 13,435,329.38 12/30/2039 1,520,806.25 0.5280990x 803,136.26 14,238,465.64 06/30/2040 352,906.25 0.5172353x 182,535.58 14,421,001.22 12/30/2040 1,542,906.25 0.5065951x 781,628.77 15,202,629.99 06/30/2041 329,106.25 0.4961738x 163,293.90 15,365,923.89 12/30/2041 1,569,106.25 0.4859669x 762,533.64 16,128,457.53 06/30/2042 304,306.25 0.4759699x 144,840.61 16,273,298.14 12/30/2042 1,594,306.25 0.4661786x 743,231.41 17,016,529.55 06/30/2043 276,893.75 0.4565887x 126,426.55 17,142,956.10 12/30/2043 1,616,893.75 0.4471961x 723,068.51 17,866,024.61 06/30/2044 248,418.75 0.4379967x 108,806.58 17,974,831.19 12/30/2044 1,648,418.75 0.4289865x 707,149.38 18,681,980.57 06/30/2045 218,668.75 0.4201617x 91,876.23 18,773,856.80 12/30/2045 1,683,668.75 0.4115184x 692,860.69 19,466,717.49 06/30/2046 187,537.50 0.4030529x 75,587.54 19,542,305.04 12/30/2046 1,707,537.50 0.3947616x 674,070.28 20,216,375.31 06/30/2047 153,337.50 0.3866409x 59,286.54 20,275,661.86 12/30/2047 1,748,337.50 0.3786872x 662,072.97 20,937,734.82 06/30/2048 117,450.00 0.3708971x 43,561.86 20,981,296.69 12/30/2048 1,782,450.00 0.3632672x 647,505.70 21,628,802.38 06/30/2049 79,987.50 0.3557944x 28,459.10 21,657,261.48 12/30/2049 1,819,987.50 0.3484752x 634,220.53 22,291,482.01 06/30/2050 40,837.50 0.3413066x 13,938.11 22,305,420.12 12/30/2050 1,855,837.50 0.3342855x 620,379.58 22,925,799.70 Total $41,312,918.65 -$22,925,799.70 - Derivation Of Target Amount Par Amount of Bonds $22,455,000.00 Reoffering Premium or (Discount)470,799.70 Original Issue Proceeds $22,925,799.70 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 7 Preliminary, As of May 7, 2024 United City of Yorkville, IL General Obligation (Alternate Revenue Source) Bonds, Series 2024 Dated: August 21, 2024 / Callable December 30, 2034 @ Par PRLM / Max Project Fund Detail Costs Of Issuance Dated 08/21/2024 | Delivered 08/21/2024 COSTS OF ISSUANCE DETAIL 2024 Water Bonds 5.7.24 | SINGLE PURPOSE | 5/ 7/2024 | 7:06 PM Speer Financial, Inc. Page 8 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 Hearing #2 Tracking Number Proposed WIFIA Loan – Authorizing Ordinance City Council – May 28, 2024 CC – 5/14/24 Authorizing Ordinance adopted CC 2024-41 Informational Please see attached. Rob Fredrickson Finance Name Department Summary Approval of an ordinance authorizing the issuance of a Water Infrastructure Finance and Innovation Act (WIFIA) loan, from the United States Environmental Protection Agency (EPA). Background In 2021, the United City of Yorkville, in collaboration with the Villages of Montgomery and Oswego, formed a partnership, called WaterLink, in order to secure a sustainable drinking water source for its residents across the region. After assessing options, WaterLink chose to partner with the DuPage Water Commission (DWC) to expand its existing transmission system to connect to all WaterLink communities. To facilitate this endeavor, the City will be seeking financial support through the Federal EPA’s Water Infrastructure Finance and Innovation Act (WIFIA) program. The City's strategy involves a phased approach, initially pursuing an agreement with the EPA to execute a Master Credit Agreement, followed by securing two WIFIA loans to cover the two phases of the project. Phase I will encompass eight projects, that center on upgrading the City's water system to meet DWC and State standards, at an estimated cost of ~$37 million. Estimated funding from WIFIA for Loan 1 is $29.6 million (80%), with the City to fund the remaining 20% of ~$7.4 million. Phase II will consist of three projects, focusing on the WaterLink connection to DWC, expanding the existing DWC transmission system and the construction of the South Receiving Station and South Receiving Station Standpipe. Phase II expenditures are projected to total around $137 million, with anticipated Loan 2 funding from WIFIA total $109.6 million (City’s portion would be $27.4 million). Similar to a General Obligation (Alternate Revenue Source) Bond, the next step in the WIFIA loan issuance process entails the enactment of an Authorizing Ordinance. This ordinance sets the ceiling for the maximum principal amount that can be issued, currently specified at $160 million (see Exhibit A). With estimated WIFIA-related expenses totaling $139.2 million, this allocation affords the City a margin of flexibility of approximately $20 million to address any unforeseen expenditures or cost increases that may arise. Besides setting the maximum principal amount for the potential loan issue, the Authorizing Ordinance also establishes what projects the City may use the bond proceeds on. As noted in the appended ordinance, WIFIA loan proceeds could be spent on any qualifying project that enhances the City’s Water “System by replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and by constructing a new water supply line and connection to the DuPage Water Commission for a new source of water.” Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: May 8, 2024 Subject: Ordinance Authorizing – WIFIA Loan Furthermore, the Authorizing Ordinance identifies the specific revenues pledged for the repayment of the proposed bond issue. As you may recall from prior Alternate Revenue Source (ARS) bond issuances, this revenue pledge is essentially a financial benchmark, created by the bond indenture (i.e., contract) or final bond ordinance. This revenue pledge mandates the City demonstrate the sufficiency of the revenues allocated to support debt service payments by meeting or surpassing the 125% threshold. The pledged revenues for the proposed WIFIA loan consist of (1) Water Fund net revenues (i.e., revenues less operating expenses) from the City’s water system; (2) any revenues derived from a places of eating tax (recently implemented on January 1, 2024); and (3) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (i.e., a portion of fund equity can be used to cover the additional 25% pledge requirement over actual debt service amounts at 100%). As discussed during the water rate deliberations on April 23rd, Council will eventually need to adopt a multi-year water rate plan, which can be adjusted up or down, depending on actual future water sale revenues. In order to develop a multi-year rate plan, it is recommended that the City conduct a water rate analysis, funding for which has been included in the FY 2025 budget (estimated at $100,000 in Engineering Services – Water Fund). Beyond the obvious reason of establishing a multi-year rate structure, the primary purpose of conducting a water rate analysis is to provide assurance to WIFIA, and other bond holders, that the City will meet its debt coverage requirements. To close on the WIFIA loan and future bond issues for the DWC/Lake Michigan water sourcing project, the City must prove that revenues equal at least 125% of total debt service. If the revenues used to demonstrate coverage are projected and based on future rate increases, those increases must have already been approved by City Council. The projections must be made by an outside firm, not related to the City or the bond/WIFIA loan issuance. Additional materials regarding the scope and timing of a rate study will be presented to Council for consideration at a future meeting. Assuming passage of the Authorizing Ordinance, the next step would be the publication of the Authorizing Ordinance and the statutory notice in the Beacon News. This notice would provide that, unless a petition, signed by not less than 7.5% of the registered voters of the City, is filed with the City Clerk within 30 days after such publication date, then the ARS bonds can be issued. If a sufficient number of registered voters do sign and file the petition within the 30-day backdoor referendum period, then the issuance of the WIFIA loan would have to be put up for referendum on the November 5, 2024 election. The 30-day challenge period for taxpayers to file a backdoor referendum would begin on the planned publication date of May 17th. Pursuant to the Bond Issuance Notification Act (BINA), the Mayor would order a public hearing (Exhibit B), in order to establish the date and time for the public hearing on the proposed WIFIA loan, which is tentatively set for the May 24th City Council meeting. A public notice of the BINA hearing will be published in the Beacon News on May 17th. The City Council cannot adopt a bond ordinance providing for the issuance of the bonds until 7 days after the public hearing has been held. Once the 30-day backdoor referendum period concludes (anticipated during the week of June 17th), the subsequent step in the process involves the Council's adoption of a final ordinance to authorize the loan issuance, which would be done in conjunction with the closing of the WIFIA loan, currently slated for later 2024 / early 2025. Recommendation Staff recommends approval of the attached ordinance authorizing the issuance of a Water Infrastructure Finance and Innovation Act (WIFIA) loan, from the United States Environmental Protection Agency (EPA). 51950004.2 MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, at 7 o’clock P.M., on the 14th day of May, 2024. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, John Purcell, the City Mayor, and the following Aldermen were physically present at said location: ________________________________________________ _____________________________ _____________________________________________________________________________. The following Aldermen were allowed by a majority of the Aldermen of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _______________________________________________ ______________________________________________________________________________ No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _______________________________________________________ ______________________________________________________________________________ The Mayor announced that, in view of the need to provide funds for the enhancement of the City’s water delivery system, the City Council would consider the adoption of an ordinance authorizing the borrowing of a loan payable solely from the revenue derived from the operation of the System or, in lieu thereof, payable from other revenue sources pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, and directing the publication of a notice setting forth the determination of the City Council to borrow such funds. 2 Whereupon Alderman ____________________ presented and the City Clerk read by title an Ordinance as follows, a copy of which was provided to each Alderman prior to said meeting and to everyone in attendance at said meeting who requested a copy: AN ORDINANCE authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system. * * * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended (the “Code”), and all laws amendatory thereof and supplementary thereto, including without limitation the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City has owned and operated a municipally-owned water supply system (the “System”) under and pursuant to the provisions of Division 129 of Article 11 of the Code; and WHEREAS, the Mayor and the City Council of the City (the “City Council”) have determined that it is advisable, necessary and in the best interests of the public health, safety, welfare and convenience of the City to enhance the System by replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and by constructing a new water supply line and connection to the DuPage Water Commission for a new source of water (collectively, the “Project”), all in accordance with the preliminary plans and estimates of costs therefor heretofore presented to the City Council and WHEREAS, the estimated costs of the Project, including, without limitation, legal, financial and other related banking fees and other expenses, does not exceed $160,000,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs; and 2 WHEREAS, pursuant to Article 8 and Article 11 of the Code, the City is authorized to issue its water revenue bonds payable solely from the revenue derived from the operation of the System to pay the costs of the Project, subject to right of backdoor petition for referendum; and WHEREAS, pursuant to the provisions of Section 15 of the Debt Reform Act, whenever the City has been authorized under applicable law (as defined in the Debt Reform Act) to issue revenue bonds under the Code, the City may issue its general obligation alternate bonds (as defined in the Debt Reform Act) in lieu of such revenue bonds; and WHEREAS, the Debt Reform Act defines a bond as any instrument evidencing the obligation to pay money authorized or issued by or on behalf of a governmental unit under applicable law, including without limitation, bonds, notes, installment or financing contracts, leases, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of indebtedness; and WHEREAS, the City has applied to the United States Environmental Protection Agency (the “EPA”) for a Water Infrastructure Finance and Innovation Act loan (the “WIFIA Loan”) to finance the costs of the Project; and WHEREAS, it is necessary and for the best interests of the City that the Project be undertaken, and, in order to finance the cost thereof, it will be necessary for the City to borrow from the EPA the WIFIA Loan in an aggregate amount not to exceed $160,000,000 and (a) payable from the revenue derived from the operation of the System (a “Revenue-Backed WIFIA Loan”), or (b) in lieu thereof, payable from (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund (the “Water Fund”), and (iii) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (collectively, the “Pledged Revenues”), 3 as authorized to be borrowed at this time pursuant to the Debt Reform Act (an “Alternate Revenue WIFIA Loan”); and WHEREAS, as provided in the Debt Reform Act, if the Pledged Revenues are insufficient to pay the principal and interest on the Alternate Revenue WIFIA Loan, ad valorem property taxes levied upon all taxable property in the City without limitation as to rate or amount are authorized to be extended and collected to pay the principal of and interest on the Alternate Revenue WIFIA Loan; and WHEREAS, the costs of the Project are expected to be paid for from the proceeds of the Alternate Revenue WIFIA Loan which is authorized to be borrowed as an alternate bond pursuant to the Debt Reform Act, subject to the right of backdoor petition for referendum; and WHEREAS, pursuant to and in accordance with the provisions of Section 15 of the Debt Reform Act, and in lieu of the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan, the City is authorized to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan in an aggregate principal amount not to exceed $160,000,000 for the purpose of providing funds to pay the costs of the Project; and WHEREAS, before the City can borrow the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue WIFIA Loan for said purpose, Division 129 of Article 11 of the Code and Section 15 of the Debt Reform Act require that the City Council must first adopt an Ordinance authorizing the borrowing of the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue WIFIA Loan for said purpose and directing that notice of such authorization be published as provided by law. NOW, THEREFORE, Be It and It Is Hereby Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: 4 Section 1. Incorporation of Preambles. The City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are full, true and correct and does incorporate them into this Ordinance by this reference. Section 2. Determination to Borrow the WIFIA Loan. It is necessary and in the best interests of the public health, safety, welfare and convenience of the City to undertake the Project in accordance with the estimate of costs as hereinabove described, and that for such purpose the WIFIA Loan is hereby authorized to be borrowed from the EPA as a Revenue-Backed WIFIA Loan in an aggregate principal amount not to exceed $160,000,000 or, in lieu thereof, as an Alternate Revenue WIFIA Loan in an aggregate principal amount not to exceed $160,000,000. The borrowing of the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue WIFIA Loan shall be subject to the right of backdoor petition for referendum as set forth herein and the adoption of an ordinance setting forth the terms for the borrowing thereof. Section 3. Publication. This Ordinance, together with a notice in the statutory form as set forth herein in Section 4 (the “Notice”), shall be published at least once within ten (10) days after passage hereof by the City Council in the Beacon-News, the same being a newspaper of general circulation in the City, and if no petition, signed by not less than 1,572 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City), asking that the question of the Project, as provided in this Ordinance, and the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan therefor be submitted to the electors of this City is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the City shall be authorized to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan shall be held on the 5th 5 day of November, 2024 (being the next election held in accordance with the general election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. If no petition, signed by not less than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters), asking that the borrowing of the WIFIA Loan as an Alternate Revenue WIFIA Loan be submitted to referendum, is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the City shall be authorized to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan shall be held on the 5th day of November, 2024 (being the next election held in accordance with the general election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. It is expressly provided that in the event there shall be filed with the City Clerk in a timely manner a petition, asking that the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan be submitted to a referendum, the WIFIA Loan shall not be authorized to be borrowed as an Alternate Revenue WIFIA Loan until such time as the borrowing of the WIFIA Loan as a Revenue- Backed WIFIA Loan shall have been submitted to the electors of the City and a majority of votes cast on such question shall have been in favor thereof. Section 4. Form of Notice. The notice of the intention to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan shall be in substantially the following form: NOTICE OF INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO BORROW A WIFIA LOAN AS A $160,000,000 REVENUE-BACKED WIFIA LOAN OR, IN LIEU THEREOF, AS AN $160,000,000 ALTERNATE REVENUE WIFIA LOAN AND RIGHT TO FILE PETITION PUBLIC NOTICE is hereby given that pursuant to an Ordinance (the “Ordinance”) adopted on the 14th day of May, 2024 by the City Council (the “City Council”) of the United City of Yorkville, Kendall County, Illinois (the “City”), the City intends to borrow a Water Infrastructure Finance and Innovation Act loan (a “WIFIA Loan”) from the United States Environmental Protection Agency, payable solely from the revenue derived from the operation of the City’s water delivery system (the “System”), in an aggregate amount of not to exceed $160,000,000 and bearing interest per annum at a rate not to exceed the maximum rate authorized by law at the time such WIFIA Loan is borrowed (a “Revenue-Backed WIFIA Loan”) or, in lieu thereof, a general obligation alternate revenue WIFIA Loan in an aggregate amount of not to exceed $160,000,000 (the “Alternate Revenue WIFIA Loan”), for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. The revenue sources for the payment of an Alternate Revenue WIFIA Loan will be (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City’s Water Fund. If these revenue sources are insufficient to pay an Alternate Revenue WIFIA Loan, the City will also levy ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount to pay the principal of and interest on such Alternate Revenue WIFIA Loan. This notice is incorporated into the Ordinance. Notice is hereby further given that a petition may be filed with the City Clerk (the “City Clerk”) within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,572 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City) asking that the question of the Project, as provided in the Ordinance, and the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan shall be held on the 5th day of November, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan for the purpose hereinabove provided. Notice is further hereby further given that a petition may be filed with the City Clerk within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less 2 than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters) asking that the borrowing of the WIFIA Loan as an Alternate Revenue WIFIA Loan be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan shall be held on the 5th day of November, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan for the purpose hereinabove provided. By order of the City Council of the United City of Yorkville, Kendall County, Illinois. DATED this 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears over the name of the City Clerk. 3 Section 5. Additional Ordinances. If no petition with respect to the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan and meeting the requirements of applicable law is filed during the petition period hereinabove referred to, then the City Council may adopt additional ordinances or proceedings supplementing or amending this Ordinance providing for the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan and prescribing all the details of the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue WIFIA Loan, so long as the maximum amount of the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue WIFIA Loan as set forth in this Ordinance is not exceeded and there is no material change in the Project described herein. Such additional ordinances or proceedings shall in all instances become effective immediately without publication or posting or any further act or requirement. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan under applicable law. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. (This space is intentionally blank) 4 Section 7. Repealer and Effective Date. All Ordinances and parts of Ordinances in conflict herewith be and the same are hereby repealed and that this Ordinance be in full force and effect forthwith upon its adoption. ADOPTED by the City Council on the 14th day of May, 2024, pursuant to a roll call vote as follows: DANIEL V. TRANSIER KEN KOCH MATT MAREK ARDEN JOE PLOCHER CHRIS FUNKHOUSER SEAVER TARULIS CRAIG SOLING RUSTY CORNEILS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. CITY CLERK Alderman _______________________ moved and Alderman ________________________ seconded the motion that said Ordinance as presented and read by title be adopted. After a full and complete discussion thereof, the Mayor directed the City Clerk to call the roll for a vote upon the motion to adopt said Ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________. The following Aldermen voted NAY: __________________________________________ Whereupon the Mayor declared the motion carried and said Ordinance adopted, and in open meeting approved and signed said Ordinance and directed the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville, Kendall County, Illinois, which was done. Other business not pertinent to the adoption of said Ordinance was duly transacted at said meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. ____________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the City and of the City Council thereof (the “City Council”). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the City Council held on the 14th day of May, 2024, insofar as same relates to the adoption of Ordinance No. entitled: AN ORDINANCE authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, a true, correct and complete copy of which said Ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the City Council on the adoption of said Ordinance were conducted openly, that the vote on the adoption of said Ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the City Council at least 96 hours in advance of the holding of said meeting and on a day that was not a Saturday, Sunday or legal holiday in the State of Illinois, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Public Code of the State of Illinois, as amended, the Open Meetings Act of the State of Illinois, as amended, and the Local Government Debt Reform Act of the State of Illinois, as amended, and that the City Council has complied with all of the provisions of said Acts and with all of the procedural rules of the City Council in the conduct of said meeting and in the adoption of said Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature, this 14th day of May, 2024. (SEAL) City Clerk, United City of Yorkville, Kendall County, Illinois [Attach Agenda as Exhibit A] STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION –REVENUE-BACKED WIFIA LOAN We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to borrow a Water Infrastructure Finance and Innovation Act loan (“WIFIA Loan”) from the United States Environmental Protection Agency in an aggregate amount not to exceed $160,000,000 to provide funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water, as provided for by the Ordinance adopted by the City Council of said City on the 14th day of May, 2024, with the revenue sources to be used to pay the principal of and interest on said WIFIA Loan to be the revenues of the City’s water delivery system?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 5th day of November, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2024. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, duly adopted by the City Council of the City (the “City Council”) on the 14th day of May, 2024, notice of authorization of the City to borrow a Revenue-Backed WIFIA Loan in an aggregate amount not to exceed $160,000,000 was published on the day of , 2024, in the Beacon- News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to borrow said Revenue- Backed WIFIA Loan be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this ____ day of , 2024. __________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION – ALTERNATE REVENUE WIFIA LOAN We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to borrow a Water Infrastructure Finance and Innovation Act loan (“WIFIA Loan”) from the United States Environmental Protection Agency in an aggregate amount not to exceed $160,000,000 to provide funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water, as provided for by the Ordinance adopted by the City Council of said City on the 14th day of May, 2024, with the revenue sources to be used to pay the principal of and interest on said WIFIA Loan to be (i) the net revenues derived from the operation of the City’s water delivery system, (ii) all collections of any non-home rule “places for eating” sales tax imposed by the City and deposited into the City’s Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City’s Water Fund, unless said revenue sources are insufficient to pay said WIFIA Loan, in which case ad valorem property taxes levied upon all taxable property in said City without limitation as to rate or amount are authorized to be extended for such purpose?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 5th day of November, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2024. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City’s water delivery system, duly adopted by the City Council of the City (the “City Council”) on the 14th day of May, 2024, notice of authorization of the City to borrow an Alternate Revenue WIFIA Loan in an aggregate amount not to exceed $160,000,000 was published on the day of , 2024, in the Beacon- News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to borrow said Alternate Revenue WIFIA Loan be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this day of , 2024. __________________________________ City Clerk ORDER calling a public hearing concerning the intent of the City Council of the United City of Yorkville, Kendall County, Illinois, to borrow a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency. * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended, and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City Council of the City (the “City Council”) intends to borrow from the United States Environmental Protection Agency a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 (the “WIFIA Loan”) for the purpose of providing funds for the enhancement of the City’s water delivery system (the “System”), including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water; and WHEREAS, the Bond Issue Notification Act of the State of Illinois, as amended, requires the City Council to hold a public hearing concerning the City Council’s intent to borrow the WIFIA Loan before adopting an ordinance providing for such borrowing and further requires that the governing body or the presiding officer of the governing body set the date, time, and location of such public hearing: NOW, THEREFORE, Be It and It Is Hereby Ordered by the Mayor of the United City of Yorkville, Kendall County, Illinois, as follows: -2- 1. Public Hearing. I hereby call a public hearing to be held at 7:00 o’clock P.M. on the 28th day of May, 2024, in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, concerning the City Council’s intent to borrow the WIFIA Loan and to receive public comments regarding the proposal to borrow the WIFIA Loan (the “Hearing”). 2. Notice. I hereby direct the City Clerk (the “City Clerk”) to (i) publish notice of the Hearing at least once in the Beacon-News, the same being a newspaper of general circulation in the City, not less than seven (7) nor more than thirty (30) days before the date of the Hearing and (ii) post at least 48 hours before the Hearing a copy of said notice at the principal office of the City Council. 3. Form of Notice. Notice of the Hearing shall appear above the name of the City Clerk and shall be in substantially the following form: -3- NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO BORROW A WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT LOAN IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $160,000,000 FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PUBLIC NOTICE IS HEREBY GIVEN that the United City of Yorkville, Kendall County, Illinois (the “City”), will hold a public hearing on the 28th day of May, 2024, at 7:00 o’clock P.M. The hearing will be held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois. The purpose of the hearing will be to receive public comments on the proposal to borrow a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed $160,000,000 from the United States Environmental Protection Agency for the purpose of providing funds for the enhancement of the City’s water delivery system, including, without limitation, replacing existing water mains, modifying the existing raw water main and water treatment plant and other capital improvements relating to the City’s water delivery system, and for the construction of a new water supply line and connection to the DuPage Water Commission for a new source of water. The City allows remote attendance to the public hearing. Public comments on such proposal may be emailed to jbehland@yorkville.il.us. The City publishes a remote participation meeting link for every City meeting at https://www.yorkville.il.us/520/Agendas‐Minutes‐Packets. Each meeting generally has a phone number for audio call‐in, or a video meeting link. Residents who attend the meeting via phone or computer through the methods above, may speak during the public hearing. By order of the Mayor of the United City of Yorkville, Kendall County, Illinois. DATED the 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois -4- 4. Hearing Requirements. At the Hearing, the City Council shall explain the reasons for the proposed WIFIA Loan and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. The City Council shall not adopt an ordinance approving the WIFIA Loan for a period of seven (7) days after the final adjournment of the Hearing. ORDERED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR 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 Hearing #3 Tracking Number Proposed Public Works/Parks Facility Bond – Authorizing Ordinance City Council – May 28, 2024 CC – 5/14/24 Authorizing Ordinance adopted CC 2024-42 Informational Please see attached. Rob Fredrickson Finance Name Department Summary Approval of an ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2024, for the purposes of land acquisition and the construction of a new Public Works/Parks facility. Background This item was last discussed at the January 24, 2023 City Council meeting. At that meeting, a resolution was adopted for the purposes of reimbursing the City’s (24) Buildings & Grounds Fund for the acquisition of a vacant lot (referred to as Lot 4) within the Yorkville Business Center in December 2022. The lot, acquired at a cost of approximately $1.4 million, has been designated as the future site of a new Public Works and Parks facility. This resolution served two primary objectives: (1) it enabled the City to reimburse itself for any project-related expenses incurred within 60 days prior to the passage of the reimbursement resolution using future bond proceeds; and (2) it grants the City the flexibility to issue a bond at any time over the next 36 months (through December 2025), starting from the date of the land acquisition. The next step in the issuance process would be the passage of the Authorizing Ordinance, which establishes the maximum amount of principal that could be issued, which is presently capped in the attached ordinance at $40 million (Exhibit A). As shown in attached debt service schedule (Exhibit C), the bonds are currently shown to provide a total of $40 million in proceeds ($39.115 million in principal, plus a net premium of $1,276,254, less issuance costs of $391,254). However, Council always reserves the right to issue the bonds for less than that amount, should it choose to do so. In addition to determining the maximum principal amount for the potential bond issue, the Authorizing Ordinance delineates the permissible projects for which the City can allocate the bond proceeds. To afford the City maximum flexibility, the parameters are comprehensive. They encompass a wide array of potential uses, including but not limited to land acquisition, construction of a new Public Works/Parks facility, and various other capital projects within the City. Furthermore, the Authorizing Ordinance identifies the specific revenues pledged for the repayment of the proposed bond issue. As you may recall from prior Alternate Revenue Source (ARS) bond issuances, this revenue pledge is essentially a financial benchmark, created by the bond indenture (i.e., contract) or final bond ordinance. This revenue pledge mandates the City demonstrate the sufficiency of the revenues allocated to support debt service payments by meeting or surpassing the 125% threshold. The pledged revenues for the proposed 2024 Public Works/Parks facility bonds are income taxes and utility taxes (which are comprised of electric utility, natural gas, cable franchise and telecommunication taxes). Memorandum To: City Council From: Rob Fredrickson, Finance Director Date: May 7, 2024 Subject: Ordinance Authorizing the Issuance of the 2024 Public Works/Park Facility Bonds Assuming passage of the Authorizing Ordinance, the next step would be the publication of the Authorizing Ordinance and the statutory notice in the Beacon News. This notice would provide that, unless a petition, signed by not less than 7.5% of the registered voters of the City, is filed with the City Clerk within 30 days after such publication date, then the ARS bonds can be issued. If a sufficient amount of registered voters do sign and file the petition within the 30-day backdoor referendum period, then the issuance of the ARS bonds would have to be put up for referendum on the November 5, 2024 election. The 30-day challenge period for taxpayers to file a backdoor referendum would begin on the planned publication date of May 17th. Pursuant to the Bond Issuance Notification Act (BINA), the Mayor would order a public hearing (Exhibit B), in order to establish the date and time for the public hearing on the proposed 2024 Public Works/Parks facility bonds, which is tentatively set for the May 24th City Council meeting. A public notice of the BINA hearing will be published in the Beacon News on May 17th. The City Council cannot adopt a bond ordinance providing for the issuance of the bonds until 7 days after the public hearing has been held. Once the 30-day backdoor referendum period concludes (anticipated during the week of June 17th), the subsequent step in the process involves the Council's adoption of a final ordinance to authorize the debt issuance, thus finalizing the issuance process. The anticipated issuance of the proposed Public Works/Parks bonds can be carried out at any point prior to December 2025. This timing aligns with the determination of the new facility's size and scope, which is expected to be finalized throughout the Summer and Fall of 2024. Additionally, a preliminary debt service schedule (prepared by Speer Financial) has been appended, illustrating estimated annual debt service amounts hovering around $2.72 million over a 25-year timeframe, which is the same timeframe outlined in the FY 25 Adopted Budget. Recommendation Staff recommends approval of the attached ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2024. 51972740.3 MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, at 7 o’clock P.M., on the 14th day of May, 2024. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, John Purcell, the City Mayor, and the following Aldermen were physically present at said location: ________________________________________________ _____________________________ _____________________________________________________________________________. The following Aldermen were allowed by a majority of the Aldermen of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _______________________________________________ ______________________________________________________________________________ No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _______________________________________________________ ______________________________________________________________________________ The Mayor announced that, in view of the need to provide funds for the acquisition of one or more parcels of land and the construction of a new public works facility on any portion thereof, and other capital infrastructure projects within the City, the City Council would consider the adoption of an ordinance authorizing the issuance of its general obligation alternate revenue bonds pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, and directing the publication of a notice setting forth the determination of the City Council to issue such bonds. 2 Whereupon Alderman ____________________ presented and the City Clerk read by title an Ordinance as follows, a copy of which was provided to each Alderman prior to said meeting and to everyone in attendance at said meeting who requested a copy: AN ORDINANCE authorizing the issuance of general obligation alternate revenue bonds of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $40,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility on any portion thereof. * * * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended (the “Code”), and all laws amendatory thereof and supplementary thereto, including without limitation the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the Mayor and the City Council of the City (the “City Council”) have determined that it is advisable, necessary and in the best interests of the public health, safety, welfare and convenience of the City to acquire certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, construct a new public works facility thereon, and provide for certain other capital infrastructure projects within the City (collectively, the “Project”), all in accordance with the preliminary plans and estimates of costs therefor heretofore presented to the City Council and WHEREAS, the estimated costs of the Project, including, without limitation, legal, financial, bond discount, bond registrar, paying agent and other related banking fees, printing and publication costs and other expenses, does not exceed $40,000,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs; and 2 WHEREAS, pursuant to the provisions of Section 15 of the Debt Reform Act, “Alternate Bonds” (as defined therein) may be issued whenever there exists a revenue source for the City; and WHEREAS, it is necessary and for the best interests of the City that the Project be undertaken, and, in order to finance the cost thereof, it will be necessary for the City to issue its general obligation alternate revenue bonds (the “Alternate Bonds”), which Alternate Bonds shall be in an aggregate amount not to exceed $40,000,000 and be payable from (i) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes thereof as provided by the State of Illinois in the future, (ii) the collections by the City of all natural gas and electric utility taxes imposed by the City pursuant to Section 8-11-2 of the Code or successor taxes thereto, (iii) all collections distributed to the City from the State of Illinois from those taxes imposed by the City pursuant to the its Simplified Municipal Telecommunications Tax, or any successor tax thereto, (iv) the collections by the City of all cable television franchise taxes imposed by the City pursuant to the Code or any successor taxes thereto, and (v) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose (collectively, the “Pledged Revenues”), as authorized to be issued at this time pursuant to the Debt Reform Act; and WHEREAS, as provided in the Debt Reform Act, if the Pledged Revenues are insufficient to pay the principal and interest on the Alternate Bonds, ad valorem property taxes levied upon all taxable property in the City without limitation as to rate or amount are authorized to be extended and collected to pay the principal of and interest on the Alternate Bonds; and 3 WHEREAS, the costs of the Project are expected to be paid for from the proceeds of the Alternate Bonds which are authorized to be issued pursuant to the Debt Reform Act, subject to the right of backdoor petition for referendum; and WHEREAS, pursuant to and in accordance with the provisions of Section 15 of the Debt Reform Act, the City is authorized to issue its Alternate Bonds in an aggregate principal amount not to exceed $40,000,000 for the purpose of providing funds to pay the costs of the Project; and WHEREAS, before the Alternate Bonds may be issued for said purpose, Section 15 of the Debt Reform Act requires that the City Council must first adopt an Ordinance authorizing the issuance of the Alternate Bonds for said purpose and directing that notice of such authorization be published as provided by law. NOW, THEREFORE, Be It and It Is Hereby Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Incorporation of Preambles. The City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are full, true and correct and does incorporate them into this Ordinance by this reference. Section 2. Determination to Issue Bonds. It is necessary and in the best interests of the public health, safety, welfare and convenience of the City to undertake the Project in accordance with the estimate of costs as hereinabove described, and that for such purpose there are hereby authorized to be issued and sold by the City its Alternate Bonds in an aggregate principal amount not to exceed $40,000,000 (the “Bonds”). The issuance of the Bonds shall be subject to the right of backdoor petition for referendum as set forth herein and the adoption of a bond ordinance setting forth the terms for the issuance and sale thereof. Section 3. Publication. This Ordinance, together with a notice in the statutory form as set forth herein in Section 4 (the “Notice”), shall be published at least once in the Beacon-News, 4 the same being a newspaper of general circulation in the City, and if no petition, signed by not less than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters), asking that the issuance of the Bonds be submitted to referendum, is filed with the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice, then the Bonds shall be authorized to be issued. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the proposition to issue the Bonds shall be held on the 5th day of November, 2024 (being the next election held in accordance with the general election law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. Section 4. Form of Notice. The notice of the intention to issue the Bonds shall be in substantially the following form: NOTICE OF INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO ISSUE $40,000,000 ALTERNATE REVENUE BONDS AND RIGHT TO FILE PETITION PUBLIC NOTICE is hereby given that pursuant to an Ordinance (the “Ordinance”) adopted on the 14th day of May, 2024 by the City Council (the “City Council”) of the United City of Yorkville, Kendall County, Illinois (the “City”), the City intends to issue its general obligation alternate revenue bonds in an aggregate amount of not to exceed $40,000,000 (the “Bonds”), for the purpose of providing funds for (i) the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, (ii) the construction of a new public works facility thereon, and (iii) certain other capital infrastructure projects within the City. The revenue sources for the payment of the Bonds will be (i) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes thereof as provided by the State of Illinois in the future, (ii) the collections by the City of all natural gas and electric utility taxes imposed by the City pursuant to Section 8-11-2 of the Code or successor taxes thereto, (iii) all collections distributed to the City from the State of Illinois from those taxes imposed by the City pursuant to the its Simplified Municipal Telecommunications Tax, or any successor tax thereto, (iv) the collections by the City of all cable television franchise taxes imposed by the City pursuant to the Code or any successor taxes thereto, and (v) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose. If these revenue sources are insufficient to pay the Bonds, the City will also levy ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount to pay the principal of and interest on the Bonds. This notice is incorporated into the Ordinance. Notice is hereby further given that a petition may be filed with the City Clerk (the “City Clerk”) within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,179 registered voters of the City (being the number of registered voters equal to the greater of (a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered voters) asking that the issuance of the Bonds be submitted to the voters of the City. If such petition is filed with the City Clerk within thirty (30) days after the date of publication of this notice, an election on the proposition to issue the Bonds shall be held on the 5th day of November, 2024. Forms of petitions for such purposes are available to any individual requesting one from the office of the City Clerk. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City shall thereafter be authorized to issue the Bonds for the purpose hereinabove provided. By order of the City Council of the United City of Yorkville, Kendall County, Illinois. 2 DATED this 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears over the name of the City Clerk. 3 Section 5. Additional Ordinances. If no petition with respect to the issuance of the Bonds and meeting the requirements of applicable law is filed during the petition period hereinabove referred to, then the City Council may adopt additional ordinances or proceedings supplementing or amending this Ordinance providing for the issuance and sale of the Bonds and prescribing all the details of the Bonds, so long as the maximum amount of the Bonds as set forth in this Ordinance is not exceeded and there is no material change in the Project described herein. Such additional ordinances or proceedings shall in all instances become effective immediately without publication or posting or any further act or requirement. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the issuance of the Bonds under applicable law. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. (This space is intentionally blank) 4 Section 7. Repealer and Effective Date. All Ordinances and parts of Ordinances in conflict herewith be and the same are hereby repealed and that this Ordinance be in full force and effect forthwith upon its adoption. ADOPTED by the City Council on the 14th day of May, 2024, pursuant to a roll call vote as follows: DANIEL V. TRANSIER KEN KOCH MATT MAREK ARDEN JOE PLOCHER CHRIS FUNKHOUSER SEAVER TARULIS CRAIG SOLING RUSTY CORNEILS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. CITY CLERK Alderman _______________________ moved and Alderman ________________________ seconded the motion that said Ordinance as presented and read by title be adopted. After a full and complete discussion thereof, the Mayor directed the City Clerk to call the roll for a vote upon the motion to adopt said Ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________. The following Aldermen voted NAY: __________________________________________ Whereupon the Mayor declared the motion carried and said Ordinance adopted, and in open meeting approved and signed said Ordinance and directed the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville, Kendall County, Illinois, which was done. Other business not pertinent to the adoption of said Ordinance was duly transacted at said meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. ____________________________________ City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and that as such official I am the keeper of the records and files of the City and of the City Council thereof (the “City Council”). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the City Council held on the 14th day of May, 2024, insofar as same relates to the adoption of Ordinance No. entitled: AN ORDINANCE authorizing the issuance of general obligation alternate revenue bonds of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $40,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility on any portion thereof. a true, correct and complete copy of which said Ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the City Council on the adoption of said Ordinance were conducted openly, that the vote on the adoption of said Ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the City Council at least 96 hours in advance of the holding of said meeting and on a day that was not a Saturday, Sunday or legal holiday in the State of Illinois, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Public Code of the State of Illinois, as amended, the Open Meetings Act of the State of Illinois, as amended, and the Local Government Debt Reform Act of the State of Illinois, as amended, and that the City Council has complied with all of the provisions of said Acts and with all of the procedural rules of the City Council in the conduct of said meeting and in the adoption of said Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature, this 14th day of May, 2024. (SEAL) City Clerk, United City of Yorkville, Kendall County, Illinois [Attach Agenda as Exhibit A] STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) PETITION – ALTERNATE REVENUE BONDS We, the undersigned, do hereby certify that we are registered voters of United City of Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that the following question be submitted to the voters of said City: “Shall the City Council of United City of Yorkville, Kendall County, Illinois, be authorized to issue not to exceed $40,000,000 general obligation alternate revenue bonds to provide funds for the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, the construction of a new public works facility thereon, and certain other capital infrastructure projects within the City, as provided for by the Ordinance adopted by the City Council of said City on the 14th day of May, 2024, with the revenue sources to be used to pay the principal of and interest on said bonds to be (i) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes thereof as provided by the State of Illinois in the future, (ii) the collections by the City of all natural gas and electric utility taxes imposed by the City pursuant to Section 8-11-2 of the Code or successor taxes thereto, (iii) all collections distributed to the City from the State of Illinois from those taxes imposed by the City pursuant to the its Simplified Municipal Telecommunications Tax, or any successor tax thereto, (iv) the collections by the City of all cable television franchise taxes imposed by the City pursuant to the Code or any successor taxes thereto, and (v) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose, unless said revenue sources are insufficient to pay said bonds, in which case ad valorem property taxes levied upon all taxable property in said City without limitation as to rate or amount are authorized to be extended for such purpose?”; and we do hereby further request that the City Clerk certify said proposition to the County Clerk of The County of Kendall, Illinois, for submission to said City voters at the election to be held on the 5th day of November, 2024: CITY, STREET ADDRESS OR CITY SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois ___________________ ____________________, Yorkville, Kendall County, Illinois The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18 years of age, his or her residence address is (Street Address), Yorkville, Kendall County, Illinois, that he or she is a citizen of the United States of America, that the signatures on the foregoing petition were signed in his or her presence and are genuine, that to the best of his or her knowledge and belief the persons so signing were at the time of signing said petition registered voters of said City and that their respective residences are correctly stated therein. _________________________________ Signed and sworn to before me this _____ day of ____________, 2024. ___________________________________ Illinois Notary Public My commission expires _______________ (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the “City”), and as such official I do further certify that pursuant to an Ordinance entitled: AN ORDINANCE authorizing the issuance of general obligation alternate revenue bonds of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $40,000,000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility on any portion thereof, duly adopted by the City Council of the City (the “City Council”) on the 14th day of May, 2024, notice of authorization of the City to issue not to exceed $40,000,000 Alternate Revenue Bonds was published on the day of , 2024, in the Beacon-News, the same being a newspaper of general circulation in the City, and was not posted electronically on the City’s World Wide Web pages. I do further certify that no petition has ever been filed in my office as City Clerk or has ever been presented to me as such official requesting that the proposition to issue said bonds be submitted to the voters of the City, but that I provided a petition form regarding the same to every individual requesting one. IN WITNESS WHEREOF, I hereunto affix my official signature, this day of , 2024. __________________________________ City Clerk ORDER calling a public hearing concerning the intent of the City Council of the United City of Yorkville, Kendall County, Illinois, to sell not to exceed $40,000,000 General Obligation Alternate Revenue Bonds. * * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, and is now operating under the provisions of Illinois Municipal Code, as amended, and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”); and WHEREAS, the City Council of the City (the “City Council”) intends to sell bonds in the amount of not to exceed $40,000,000 (the “Bonds”) for the purpose of providing funds for the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, the construction of a new public works facility thereon, and to provide for certain other capital infrastructure projects within the City; and WHEREAS, the Bond Issue Notification Act of the State of Illinois, as amended, requires the City Council to hold a public hearing concerning the City Council’s intent to sell the Bonds before adopting an ordinance providing for the sale of the Bonds and further requires that the governing body or the presiding officer of the governing body set the date, time, and location of such public hearing: NOW, THEREFORE, Be It and It Is Hereby Ordered by the Mayor of the United City of Yorkville, Kendall County, Illinois, as follows: 1. Public Hearing. I hereby call a public hearing to be held at 7:00 o’clock P.M. on the 28th day of May, 2024, in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, concerning -2- the City Council’s intent to sell the Bonds and to receive public comments regarding the proposal to sell the Bonds (the “Hearing”). 2. Notice. I hereby direct the City Clerk (the “City Clerk”) to (i) publish notice of the Hearing at least once in the Beacon-News, the same being a newspaper of general circulation in the City, not less than seven (7) nor more than thirty (30) days before the date of the Hearing and (ii) post at least 48 hours before the Hearing a copy of said notice at the principal office of the City Council. 3. Form of Notice. Notice of the Hearing shall appear above the name of the City Clerk and shall be in substantially the following form: -3- NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO SELL NOT TO EXCEED $40,000,000,000 GENERAL OBLIGATION ALTERNATE REVENUE BONDS PUBLIC NOTICE IS HEREBY GIVEN that the United City of Yorkville, Kendall County, Illinois (the “City”), will hold a public hearing on the 28th day of May, 2024, at 7:00 o’clock P.M. The hearing will be held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell general obligation alternate revenue bonds of the City in the amount of not to exceed $40,000,000 for the purpose of providing funds for the acquisition of certain real property located within the City, including, without limitation, approximately twelve acres of the real property known as Lot 4 in the Yorkville Business Center located within the City, the construction of a new public works facility thereon, and to provide for certain other capital infrastructure projects within the City. The City allows remote attendance to the public hearing. Public comments on such proposal may be emailed to jbehland@yorkville.il.us. The City publishes a remote participation meeting link for every City meeting at https://www.yorkville.il.us/520/Agendas‐Minutes‐Packets. Each meeting generally has a phone number for audio call‐in, or a video meeting link. Residents who attend the meeting via phone or computer through the methods above, may speak during the public hearing. By order of the Mayor of the United City of Yorkville, Kendall County, Illinois. DATED the 14th day of May, 2024. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears above the name of the City Clerk. -4- 4. Hearing Requirements. At the Hearing, the City Council shall explain the reasons for the proposed bond issue and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. The City Council shall not adopt an ordinance selling the Bonds for a period of seven (7) days after the final adjournment of the Hearing. ORDERED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 14th day of May, 2024. MAYOR United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Table of Contents Report Sources & Uses 1 Debt Service Schedule 2 Net Debt Service Schedule 3 Pricing Summary 4 Proof of D/S for Arbitrage Purposes 5 Proof of Bond Yield @ 4.0234913%6 Detail Costs Of Issuance 7 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Sources & Uses Dated 08/21/2024 | Delivered 08/21/2024 Sources Of Funds Par Amount of Bonds $39,115,000.00 Reoffering Premium 1,589,174.20 Total Sources $40,704,174.20 Uses Of Funds Total Underwriter's Discount (0.800%)312,920.00 Costs of Issuance 391,150.00 Deposit to Project Construction Fund 40,000,000.00 Rounding Amount 104.20 Total Uses $40,704,174.20 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 1 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/21/2024 ----- 06/30/2025 --1,514,336.04 1,514,336.04 - 12/30/2025 320,000.00 5.000%882,137.50 1,202,137.50 2,716,473.54 06/30/2026 --874,137.50 874,137.50 - 12/30/2026 970,000.00 5.000%874,137.50 1,844,137.50 2,718,275.00 06/30/2027 --849,887.50 849,887.50 - 12/30/2027 1,015,000.00 5.000%849,887.50 1,864,887.50 2,714,775.00 06/30/2028 --824,512.50 824,512.50 - 12/30/2028 1,070,000.00 5.000%824,512.50 1,894,512.50 2,719,025.00 06/30/2029 --797,762.50 797,762.50 - 12/30/2029 1,120,000.00 5.000%797,762.50 1,917,762.50 2,715,525.00 06/30/2030 --769,762.50 769,762.50 - 12/30/2030 1,175,000.00 5.000%769,762.50 1,944,762.50 2,714,525.00 06/30/2031 --740,387.50 740,387.50 - 12/30/2031 1,235,000.00 5.000%740,387.50 1,975,387.50 2,715,775.00 06/30/2032 --709,512.50 709,512.50 - 12/30/2032 1,300,000.00 5.000%709,512.50 2,009,512.50 2,719,025.00 06/30/2033 --677,012.50 677,012.50 - 12/30/2033 1,365,000.00 5.000%677,012.50 2,042,012.50 2,719,025.00 06/30/2034 --642,887.50 642,887.50 - 12/30/2034 1,430,000.00 5.000%642,887.50 2,072,887.50 2,715,775.00 06/30/2035 --607,137.50 607,137.50 - 12/30/2035 1,505,000.00 5.000%607,137.50 2,112,137.50 2,719,275.00 06/30/2036 --569,512.50 569,512.50 - 12/30/2036 1,580,000.00 5.000%569,512.50 2,149,512.50 2,719,025.00 06/30/2037 --530,012.50 530,012.50 - 12/30/2037 1,655,000.00 4.000%530,012.50 2,185,012.50 2,715,025.00 06/30/2038 --496,912.50 496,912.50 - 12/30/2038 1,725,000.00 4.000%496,912.50 2,221,912.50 2,718,825.00 06/30/2039 --462,412.50 462,412.50 - 12/30/2039 1,790,000.00 4.000%462,412.50 2,252,412.50 2,714,825.00 06/30/2040 --426,612.50 426,612.50 - 12/30/2040 1,865,000.00 4.000%426,612.50 2,291,612.50 2,718,225.00 06/30/2041 --389,312.50 389,312.50 - 12/30/2041 1,935,000.00 4.000%389,312.50 2,324,312.50 2,713,625.00 06/30/2042 --350,612.50 350,612.50 - 12/30/2042 2,015,000.00 4.250%350,612.50 2,365,612.50 2,716,225.00 06/30/2043 --307,793.75 307,793.75 - 12/30/2043 2,100,000.00 4.250%307,793.75 2,407,793.75 2,715,587.50 06/30/2044 --263,168.75 263,168.75 - 12/30/2044 2,190,000.00 4.250%263,168.75 2,453,168.75 2,716,337.50 06/30/2045 --216,631.25 216,631.25 - 12/30/2045 2,285,000.00 4.250%216,631.25 2,501,631.25 2,718,262.50 06/30/2046 --168,075.00 168,075.00 - 12/30/2046 2,380,000.00 4.500%168,075.00 2,548,075.00 2,716,150.00 06/30/2047 --114,525.00 114,525.00 - 12/30/2047 2,490,000.00 4.500%114,525.00 2,604,525.00 2,719,050.00 06/30/2048 --58,500.00 58,500.00 - 12/30/2048 2,600,000.00 4.500%58,500.00 2,658,500.00 2,717,000.00 Total $39,115,000.00 -$26,090,636.04 $65,205,636.04 - Yield Statistics Bond Year Dollars $592,631.21 Average Life 15.151 Years Average Coupon 4.4025079% Net Interest Cost (NIC)4.1871541% True Interest Cost (TIC)4.1097382% Bond Yield for Arbitrage Purposes 4.0234913% All Inclusive Cost (AIC)4.2018493% IRS Form 8038 Net Interest Cost 4.0343215% Weighted Average Maturity 14.920 Years 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 2 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Net Debt Service Schedule Date Principal Coupon Interest Total P+I Net New D/S 12/30/2024 ----- 12/30/2025 320,000.00 5.000%2,396,473.54 2,716,473.54 2,716,473.54 12/30/2026 970,000.00 5.000%1,748,275.00 2,718,275.00 2,718,275.00 12/30/2027 1,015,000.00 5.000%1,699,775.00 2,714,775.00 2,714,775.00 12/30/2028 1,070,000.00 5.000%1,649,025.00 2,719,025.00 2,719,025.00 12/30/2029 1,120,000.00 5.000%1,595,525.00 2,715,525.00 2,715,525.00 12/30/2030 1,175,000.00 5.000%1,539,525.00 2,714,525.00 2,714,525.00 12/30/2031 1,235,000.00 5.000%1,480,775.00 2,715,775.00 2,715,775.00 12/30/2032 1,300,000.00 5.000%1,419,025.00 2,719,025.00 2,719,025.00 12/30/2033 1,365,000.00 5.000%1,354,025.00 2,719,025.00 2,719,025.00 12/30/2034 1,430,000.00 5.000%1,285,775.00 2,715,775.00 2,715,775.00 12/30/2035 1,505,000.00 5.000%1,214,275.00 2,719,275.00 2,719,275.00 12/30/2036 1,580,000.00 5.000%1,139,025.00 2,719,025.00 2,719,025.00 12/30/2037 1,655,000.00 4.000%1,060,025.00 2,715,025.00 2,715,025.00 12/30/2038 1,725,000.00 4.000%993,825.00 2,718,825.00 2,718,825.00 12/30/2039 1,790,000.00 4.000%924,825.00 2,714,825.00 2,714,825.00 12/30/2040 1,865,000.00 4.000%853,225.00 2,718,225.00 2,718,225.00 12/30/2041 1,935,000.00 4.000%778,625.00 2,713,625.00 2,713,625.00 12/30/2042 2,015,000.00 4.250%701,225.00 2,716,225.00 2,716,225.00 12/30/2043 2,100,000.00 4.250%615,587.50 2,715,587.50 2,715,587.50 12/30/2044 2,190,000.00 4.250%526,337.50 2,716,337.50 2,716,337.50 12/30/2045 2,285,000.00 4.250%433,262.50 2,718,262.50 2,718,262.50 12/30/2046 2,380,000.00 4.500%336,150.00 2,716,150.00 2,716,150.00 12/30/2047 2,490,000.00 4.500%229,050.00 2,719,050.00 2,719,050.00 12/30/2048 2,600,000.00 4.500%117,000.00 2,717,000.00 2,717,000.00 Total $39,115,000.00 -$26,090,636.04 $65,205,636.04 $65,205,636.04 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 3 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price YTM Call Date Call Price Dollar Price 12/30/2025 Serial Coupon 5.000%3.500%320,000.00 101.968% ---326,297.60 12/30/2026 Serial Coupon 5.000%3.350%970,000.00 103.707% ---1,005,957.90 12/30/2027 Serial Coupon 5.000%3.400%1,015,000.00 105.033% ---1,066,084.95 12/30/2028 Serial Coupon 5.000%3.350%1,070,000.00 106.635% ---1,140,994.50 12/30/2029 Serial Coupon 5.000%3.200%1,120,000.00 108.795% ---1,218,504.00 12/30/2030 Serial Coupon 5.000%3.200%1,175,000.00 110.277% ---1,295,754.75 12/30/2031 Serial Coupon 5.000%3.200%1,235,000.00 111.714% ---1,379,667.90 12/30/2032 Serial Coupon 5.000%3.200%1,300,000.00 113.105% ---1,470,365.00 12/30/2033 Serial Coupon 5.000%3.200%1,365,000.00 114.453% ---1,562,283.45 12/30/2034 Serial Coupon 5.000%3.250%1,430,000.00 114.019%c 3.384%12/30/2033 100.000%1,630,471.70 12/30/2035 Serial Coupon 5.000%3.300%1,505,000.00 113.587%c 3.537%12/30/2033 100.000%1,709,484.35 12/30/2036 Serial Coupon 5.000%3.400%1,580,000.00 112.729%c 3.706%12/30/2033 100.000%1,781,118.20 12/30/2037 Serial Coupon 4.000%3.750%1,655,000.00 101.954%c 3.812%12/30/2033 100.000%1,687,338.70 12/30/2038 Serial Coupon 4.000%3.850%1,725,000.00 101.165%c 3.893%12/30/2033 100.000%1,745,096.25 12/30/2039 Serial Coupon 4.000%3.950%1,790,000.00 100.384%c 3.966%12/30/2033 100.000%1,796,873.60 12/30/2040 Serial Coupon 4.000%4.050%1,865,000.00 99.402% ---1,853,847.30 12/30/2041 Serial Coupon 4.000%4.100%1,935,000.00 98.762% ---1,911,044.70 12/30/2042 Serial Coupon 4.250%4.150%2,015,000.00 100.764%c 4.190%12/30/2033 100.000%2,030,394.60 12/30/2043 Serial Coupon 4.250%4.200%2,100,000.00 100.379%c 4.221%12/30/2033 100.000%2,107,959.00 12/30/2044 Serial Coupon 4.250%4.250%2,190,000.00 100.000% ---2,190,000.00 12/30/2045 Serial Coupon 4.250%4.300%2,285,000.00 99.301% ---2,269,027.85 12/30/2046 Serial Coupon 4.500%4.350%2,380,000.00 101.138%c 4.419%12/30/2033 100.000%2,407,084.40 12/30/2047 Serial Coupon 4.500%4.400%2,490,000.00 100.755%c 4.447%12/30/2033 100.000%2,508,799.50 12/30/2048 Serial Coupon 4.500%4.450%2,600,000.00 100.374%c 4.474%12/30/2033 100.000%2,609,724.00 Total ---$39,115,000.00 -----$40,704,174.20 Bid Information Par Amount of Bonds $39,115,000.00 Reoffering Premium or (Discount)1,589,174.20 Gross Production $40,704,174.20 Total Underwriter's Discount (0.800%)$(312,920.00) Bid (103.263%)40,391,254.20 Total Purchase Price $40,391,254.20 Bond Year Dollars $592,631.21 Average Life 15.151 Years Average Coupon 4.4025079% Net Interest Cost (NIC)4.1871541% True Interest Cost (TIC)4.1097382% 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 4 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Proof of D/S for Arbitrage Purposes Date Principal Interest Total 08/21/2024 --- 06/30/2025 -1,514,336.04 1,514,336.04 12/30/2025 320,000.00 882,137.50 1,202,137.50 06/30/2026 -874,137.50 874,137.50 12/30/2026 970,000.00 874,137.50 1,844,137.50 06/30/2027 -849,887.50 849,887.50 12/30/2027 1,015,000.00 849,887.50 1,864,887.50 06/30/2028 -824,512.50 824,512.50 12/30/2028 1,070,000.00 824,512.50 1,894,512.50 06/30/2029 -797,762.50 797,762.50 12/30/2029 1,120,000.00 797,762.50 1,917,762.50 06/30/2030 -769,762.50 769,762.50 12/30/2030 1,175,000.00 769,762.50 1,944,762.50 06/30/2031 -740,387.50 740,387.50 12/30/2031 1,235,000.00 740,387.50 1,975,387.50 06/30/2032 -709,512.50 709,512.50 12/30/2032 1,300,000.00 709,512.50 2,009,512.50 06/30/2033 -677,012.50 677,012.50 12/30/2033 5,880,000.00 677,012.50 6,557,012.50 06/30/2034 -530,012.50 530,012.50 12/30/2034 -530,012.50 530,012.50 06/30/2035 -530,012.50 530,012.50 12/30/2035 -530,012.50 530,012.50 06/30/2036 -530,012.50 530,012.50 12/30/2036 -530,012.50 530,012.50 06/30/2037 -530,012.50 530,012.50 12/30/2037 1,655,000.00 530,012.50 2,185,012.50 06/30/2038 -496,912.50 496,912.50 12/30/2038 1,725,000.00 496,912.50 2,221,912.50 06/30/2039 -462,412.50 462,412.50 12/30/2039 1,790,000.00 462,412.50 2,252,412.50 06/30/2040 -426,612.50 426,612.50 12/30/2040 1,865,000.00 426,612.50 2,291,612.50 06/30/2041 -389,312.50 389,312.50 12/30/2041 1,935,000.00 389,312.50 2,324,312.50 06/30/2042 -350,612.50 350,612.50 12/30/2042 2,015,000.00 350,612.50 2,365,612.50 06/30/2043 -307,793.75 307,793.75 12/30/2043 2,100,000.00 307,793.75 2,407,793.75 06/30/2044 -263,168.75 263,168.75 12/30/2044 2,190,000.00 263,168.75 2,453,168.75 06/30/2045 -216,631.25 216,631.25 12/30/2045 2,285,000.00 216,631.25 2,501,631.25 06/30/2046 -168,075.00 168,075.00 12/30/2046 2,380,000.00 168,075.00 2,548,075.00 06/30/2047 -114,525.00 114,525.00 12/30/2047 2,490,000.00 114,525.00 2,604,525.00 06/30/2048 -58,500.00 58,500.00 12/30/2048 2,600,000.00 58,500.00 2,658,500.00 Total $39,115,000.00 $25,631,636.04 $64,746,636.04 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 5 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Proof of Bond Yield @ 4.0234913% Date Cashflow PV Factor Present Value Cumulative PV 08/21/2024 -1.0000000x -- 06/30/2025 1,514,336.04 0.9663858x 1,463,432.80 1,463,432.80 12/30/2025 1,202,137.50 0.9473279x 1,138,818.44 2,602,251.24 06/30/2026 874,137.50 0.9286459x 811,764.24 3,414,015.48 12/30/2026 1,844,137.50 0.9103324x 1,678,778.07 5,092,793.55 06/30/2027 849,887.50 0.8923800x 758,422.57 5,851,216.12 12/30/2027 1,864,887.50 0.8747816x 1,631,369.23 7,482,585.35 06/30/2028 824,512.50 0.8575303x 707,044.41 8,189,629.76 12/30/2028 1,894,512.50 0.8406191x 1,592,563.45 9,782,193.21 06/30/2029 797,762.50 0.8240415x 657,389.42 10,439,582.63 12/30/2029 1,917,762.50 0.8077908x 1,549,150.93 11,988,733.57 06/30/2030 769,762.50 0.7918606x 609,544.59 12,598,278.16 12/30/2030 1,944,762.50 0.7762445x 1,509,611.25 14,107,889.41 06/30/2031 740,387.50 0.7609364x 563,387.82 14,671,277.23 12/30/2031 1,975,387.50 0.7459302x 1,473,501.20 16,144,778.43 06/30/2032 709,512.50 0.7312199x 518,809.67 16,663,588.10 12/30/2032 2,009,512.50 0.7167997x 1,440,418.02 18,104,006.13 06/30/2033 677,012.50 0.7026639x 475,712.26 18,579,718.39 12/30/2033 6,557,012.50 0.6888069x 4,516,515.32 23,096,233.71 06/30/2034 530,012.50 0.6752231x 357,876.69 23,454,110.40 12/30/2034 530,012.50 0.6619072x 350,819.10 23,804,929.50 06/30/2035 530,012.50 0.6488539x 343,900.69 24,148,830.19 12/30/2035 530,012.50 0.6360581x 337,118.72 24,485,948.91 06/30/2036 530,012.50 0.6235145x 330,470.50 24,816,419.41 12/30/2036 530,012.50 0.6112184x 323,953.38 25,140,372.78 06/30/2037 530,012.50 0.5991647x 317,564.78 25,457,937.57 12/30/2037 2,185,012.50 0.5873487x 1,283,364.34 26,741,301.91 06/30/2038 496,912.50 0.5757658x 286,105.22 27,027,407.13 12/30/2038 2,221,912.50 0.5644113x 1,254,072.47 28,281,479.60 06/30/2039 462,412.50 0.5532807x 255,843.90 28,537,323.50 12/30/2039 2,252,412.50 0.5423696x 1,221,640.02 29,758,963.53 06/30/2040 426,612.50 0.5316737x 226,818.63 29,985,782.15 12/30/2040 2,291,612.50 0.5211887x 1,194,362.47 31,180,144.62 06/30/2041 389,312.50 0.5109105x 198,903.82 31,379,048.45 12/30/2041 2,324,312.50 0.5008349x 1,164,096.88 32,543,145.33 06/30/2042 350,612.50 0.4909581x 172,136.05 32,715,281.37 12/30/2042 2,365,612.50 0.4812760x 1,138,512.63 33,853,794.01 06/30/2043 307,793.75 0.4717849x 145,212.45 33,999,006.46 12/30/2043 2,407,793.75 0.4624810x 1,113,558.85 35,112,565.31 06/30/2044 263,168.75 0.4533605x 119,310.32 35,231,875.63 12/30/2044 2,453,168.75 0.4444199x 1,090,237.09 36,322,112.72 06/30/2045 216,631.25 0.4356557x 94,376.63 36,416,489.35 12/30/2045 2,501,631.25 0.4270642x 1,068,357.16 37,484,846.51 06/30/2046 168,075.00 0.4186422x 70,363.29 37,555,209.80 12/30/2046 2,548,075.00 0.4103863x 1,045,694.97 38,600,904.77 06/30/2047 114,525.00 0.4022931x 46,072.62 38,646,977.39 12/30/2047 2,604,525.00 0.3943596x 1,027,119.52 39,674,096.92 06/30/2048 58,500.00 0.3865826x 22,615.08 39,696,712.00 12/30/2048 2,658,500.00 0.3789589x 1,007,462.20 40,704,174.20 Total $64,746,636.04 -$40,704,174.20 - Derivation Of Target Amount Par Amount of Bonds $39,115,000.00 Reoffering Premium or (Discount)1,589,174.20 Original Issue Proceeds $40,704,174.20 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 6 Preliminary, As of May 7, 2024 United City of Yorkville, Kendall County, Illinois General Obligation Bonds (ARS), Series 2024 Dated: August 21, 2024 $40M / 25 Year / Preliminary Detail Costs Of Issuance Dated 08/21/2024 | Delivered 08/21/2024 COSTS OF ISSUANCE DETAIL 2024 Bonds PRLM 25 Year 4 | SINGLE PURPOSE | 5/ 7/2024 | 7:05 PM Speer Financial, Inc. Page 7 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 – May 28, 2024 Majority Approval Amy Simmons Finance Name Department 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/14/24TIME: 10:46:16UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/17/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003438 CULLENT TREVOR CULLEN04/28-04/3005/08/24 01 UMPIRE79-795-54-00-546245.00INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00 540531 HUMBERSC CARTER HUMBERS04/28-04/3005/08/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00 540532 KOCURJ JAXSON KOCUR04/28-04/3005/08/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00D003439 MATSONA AIDAN MATSON04/28-04/3005/08/24 01 UMPIRE79-795-54-00-546245.00INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00D003440 MEIERJ JACKSON MEIER04/28-04/3005/08/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *DIRECT DEPOSIT TOTAL:35.00D003441 OLEARYM MARTIN J. O'LEARYFY 24Page 1 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/14/24TIME: 10:46:16UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/17/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003441 OLEARYM MARTIN J. O'LEARY04/28-04/3005/08/24 01 UMPRE79-795-54-00-5462100.00INVOICE TOTAL:100.00 *DIRECT DEPOSIT TOTAL:100.00 540533 PAETZOLS SAM PAETZOLD04/28-04/3005/08/24 01 UMPIRE79-795-54-00-546280.00INVOICE TOTAL:80.00 *CHECK TOTAL:80.00D003442 PIATKOWD DAVID PIATKOWSKI04/28-04/3005/08/24 01 UMPIRE79-795-54-00-5462120.00INVOICE TOTAL:120.00 *DIRECT DEPOSIT TOTAL:120.00150.00345.00TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:495.00FY 24Page 2 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540562 AACVB AURORA AREA CONVENTION04/24-ALL05/08/24 01 APR 2024 ALL SEASON HOTEL TAX 01-640-54-00-548152.02INVOICE TOTAL:52.02 *CHECK TOTAL:52.02540563 ADVAAUTO ADVANCED AUTOMATION & CONTROLS23-428201/02/24 01 INSTALL 2 VFD'S FOR RAINTREE 52-520-54-00-544413,395.0002 LIFT STATION** COMMENT **INVOICE TOTAL:13,395.00 *CHECK TOTAL:13,395.00540564 ALTORFER ALTORFER INDUSTRIES, INCP53C019432804/24/24 01 RETAINER, PINS01-410-56-00-5628189.20INVOICE TOTAL:189.20 *P6AC009885404/17/24 01 COOLANT01-410-56-00-5628192.01INVOICE TOTAL:192.01 *CHECK TOTAL:381.21540565 AMEHOIST AMERICAN HOIST & MANLIFT, INC2959705/08/24 01 APR 2024 ELEVATOR MAINTENANCE 24-216-54-00-5446165.00INVOICE TOTAL:165.00 *CHECK TOTAL:165.00540566 ARTLIP ARTLIP & SONS, INC.21101105/06/24 01 CONDENSOR FAN REPAIR 4/17/24 24-216-54-00-54461,421.69INVOICE TOTAL:1,421.69 *FY 24Page 3 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540566 ARTLIP ARTLIP & SONS, INC.21118105/06/24 01 VAV SYSTEM SERVICE ON 4/25/24 24-216-54-00-5446240.00INVOICE TOTAL:240.00 *CHECK TOTAL:1,661.69540567 ATTAT&T6305536805-042404/25/24 01 03/26-04/25 RIVERFRONT PARK79-795-54-00-5440123.85INVOICE TOTAL:123.85 *CHECK TOTAL:123.85540568 COMED COMMONWEALTH EDISON1709169000-042405/02/24 01 04/03-05/02 RT34 & AUTUMN CRK 23-230-54-00-5482253.57INVOICE TOTAL:253.57 *2536492222-022405/06/24 01 04/03-05/02 46 SARAVANOS PUMP 52-520-54-00-5480266.77INVOICE TOTAL:266.77 *3260462000-042405/01/24 01 04/02-05/01 RT47 & RIVER23-230-54-00-5482325.60INVOICE TOTAL:325.60 *38525340000-0424 04/29/24 01 03/29-04/29 RT126 & SCHLHS 23-230-54-00-5482113.93INVOICE TOTAL:113.93 *3897838000-042405/03/24 01 04/02-05/01 609 N BRIDGE01-110-54-00-548025.87INVOICE TOTAL:25.87 *5946707000-042405/09/24 01 04/02-05/01 PR BUILDINGS79-795-54-00-5480661.65INVOICE TOTAL:661.65 *8273737000-042405/01/24 01 04/04-05/01 102 E VAN EMMON01-110-54-00-5480264.28INVOICE TOTAL:264.28 *CHECK TOTAL:1,911.67FY 24Page 4 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540569 COREMAIN CORE & MAIN LPU78574404/26/24 01 METER WIRE51-510-56-00-5664465.91INVOICE TOTAL:465.91 *U79897404/30/24 01 METER WIRE51-510-56-00-5664220.00INVOICE TOTAL:220.00 *CHECK TOTAL:685.91540570 COXLAND COX LANDSCAPING LLC19239705/01/24 01 APR 2024 GROUNDS UPKEEP11-111-54-00-54951,058.00INVOICE TOTAL:1,058.00 *19239805/01/24 01 APR 2024 GROUNDS UPKEEP12-112-54-00-54952,375.00INVOICE TOTAL:2,375.00 *CHECK TOTAL:3,433.00540571 DIRENRGY DIRECT ENERGY BUSINESS1704706-241210054256 04/30/24 01 03/07-04/03 RT34 & BEECHER 23-230-54-00-5482100.12INVOICE TOTAL:100.12 *1704707-241210054256 04/30/24 01 03/21-04/19 RT47 & KENNEDY 23-230-54-00-54821,526.38INVOICE TOTAL:1,526.38 *1704708-241290054317 05/08/24 01 04/02-04/30 1850 MARKETVIEW 23-230-54-00-548278.55INVOICE TOTAL:78.55 *1704709-241290054317 05/08/24 01 04/02-04/30 7 COUNTRYSIDE PKWY 23-230-54-00-5482135.60INVOICE TOTAL:135.60 *1704714-241290054317 05/08/24 01 04/02-04/30 MCHUGH RD23-230-54-00-548283.73INVOICE TOTAL:83.73 *FY 24Page 5 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540571 DIRENRGY DIRECT ENERGY BUSINESS1704715-241200054246 04/29/24 01 03/21-04/19 998 WHITE PLAINS 23-230-54-00-54829.52INVOICE TOTAL:9.52 *1704716-241290054317 05/08/24 01 04/02-05/01 1 COUNTRYSIDE PKWY 23-230-54-00-5482175.53INVOICE TOTAL:175.53 *1704724-241220054267 05/01/24 01 03/27-04/18 3299 LEHMAN CR 51-510-54-00-54806,507.95INVOICE TOTAL:6,507.95 *CHECK TOTAL:8,617.38540572 DYNEGY DYNEGY ENERGY SERVICES38664352404105/02/24 01 03/05-04/01 420 FAIRHAVEN52-520-54-00-5480131.7902 03/06-04/02 6780 RT4751-510-54-00-5480175.5603 04/01-04/29 456 KENNEDY51-510-54-00-5480104.0004 03/18-04/15 4600 BRIDGE51-510-54-00-5480101.5305 03/29-04/08 1107 PRAIRIE CR 52-520-54-00-5480173.9606 04/01-04/29 301 E HYDRAULIC 79-795-54-00-548049.4707 03/07-04/03 FOXHILL 7 LIFT 52-520-54-00-5480102.3308 03/29-04/28 872 PRAIRIE CR 79-795-54-00-5480268.1309 03/18-04/15 9257 GALENA PK 79-795-54-00-548040.4210 03/05-04/01 101 BRUELL ST 52-520-54-00-5480579.3211 03/29-04/28 1908 RAINTREE 51-510-54-00-5480330.3112 04/01-04/29 PRESTWICK LIFT 52-520-54-00-5480164.3313 04/01-04/29 1991 CANNONBALL TR 51-510-54-00-5480302.8714 03/0-04/01 610 TOWER51-510-54-00-5480230.2715 04/01-04/29 276 WINDHAM LIFT 52-520-54-00-5480198.7916 04/01-04/29 133 E HYDRAULIC 79-795-54-00-5480131.2217 03/05-04/01 1975 N BRIDGE LIFT 52-520-54-00-5480508.43INVOICE TOTAL:3,592.73 *CHECK TOTAL:3,592.73540573 EEIENGINEERING ENTERPRISES, INC.FY 24Page 6 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540573 EEIENGINEERING ENTERPRISES, INC.8008304/30/24 01 NORTH RT47 IMPROVEMENTS01-640-54-00-54651,173.00INVOICE TOTAL:1,173.00 *8008404/30/24 01 TRAFFIC CONTRL SIGNAGE &01-640-54-00-54651,985.6902 MARKINGS** COMMENT **INVOICE TOTAL:1,985.69 *8008504/30/24 01 UTILITY PERMIT REVIEWS01-640-54-00-54651,162.50INVOICE TOTAL:1,162.50 *8008604/30/24 01 GRANDE RESERVE-AVANTI01-640-54-00-5465494.50INVOICE TOTAL:494.50 *8008704/30/24 01 PRESTWICK01-640-54-00-5465298.50INVOICE TOTAL:298.50 *8009004/30/24 01 STORM WATER BASIN INSPECTIONS 01-640-54-00-54652,790.00INVOICE TOTAL:2,790.00 *8009104/30/24 01 WHISPERING MEADOWS-TRG01-640-54-00-5465836.50INVOICE TOTAL:836.50 *8009304/30/24 01 YBSD SOLIDS HANDLING01-640-54-00-5465119.5002 IMPROVEMENTS** COMMENT **INVOICE TOTAL:119.50 *8009404/30/24 01 GRANDE RESERVE-UNIT 901-640-54-00-5465708.00INVOICE TOTAL:708.00 *8009704/30/24 01 WELL MONITORING DASHBOARDS01-640-54-00-5465690.00INVOICE TOTAL:690.00 *8009804/30/24 01 CORNEILS RD INTERCEPTOR SEWER 52-520-60-00-6092450.00INVOICE TOTAL:450.00 *FY 24Page 7 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540573 EEIENGINEERING ENTERPRISES, INC.8009904/30/24 01 LSL INVENTORY01-640-54-00-5465183.00INVOICE TOTAL:183.00 *8010204/30/24 01 GENERAL LAKE MICHIGAN/DWC01-640-54-00-54654,033.5002 COORDINATION** COMMENT **INVOICE TOTAL:4,033.50 *8010404/30/24 01 LAKE MICHIGAN51-510-60-00-60111,528.5002 CONNECTION-CORROSION CONTROL** COMMENT **03 STUDY** COMMENT **INVOICE TOTAL:1,528.50 *CHECK TOTAL:16,453.19540574 EEIENGINEERING ENTERPRISES, INC.8010504/30/24 01 PUBLIC WORKS SITE-BOOMBAH BLV 24-216-60-00-60423,790.26INVOICE TOTAL:3,790.26 *CHECK TOTAL:3,790.26540575 EEIENGINEERING ENTERPRISES, INC.8010604/30/24 01 GAWNE LANE IMPROVEMENTS01-640-54-00-54651,014.00INVOICE TOTAL:1,014.00 *8010704/30/24 01 WATER AUDIT AND NON-REVENUE51-510-54-00-54653,938.0002 WATER REDUCTION** COMMENT **INVOICE TOTAL:3,938.00 *8011004/30/24 01 MUNICIPAL ENGINEERING01-640-54-00-54651,900.0002 SERVICES** COMMENT **INVOICE TOTAL:1,900.00 *8011104/30/24 01 WELL #10 & RAW WATER MAIN51-510-60-00-60294,209.25INVOICE TOTAL:4,209.25 *FY 24Page 8 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540575 EEIENGINEERING ENTERPRISES, INC.8011404/30/24 01 2023 SANITARY SEWER LINING52-520-60-00-60251,482.00INVOICE TOTAL:1,482.00 *8011604/30/24 01 2024 WATER MAIN REPLACEMENT-A 51-510-60-00-602534,414.00INVOICE TOTAL:34,414.00 *8011704/30/24 01 2024 WATER MAIN REPLACEMENT-B 51-510-60-00-602531,781.50INVOICE TOTAL:31,781.50 *8011804/30/24 01 ELDAMAIN WATER MAIN LOOP-LP51-510-60-00-602410,828.50INVOICE TOTAL:10,828.50 *8011904/30/24 01 CORNEILS SANITARY SEWER52-520-60-00-6024227.00INVOICE TOTAL:227.00 *8012004/30/24 01 SOUTHERN SANITARY SEWER52-520-60-00-60247,714.5002 CONNECTION-LP** COMMENT **INVOICE TOTAL:7,714.50 *8012104/30/24 01 DWC TRANSMISSION MAIN51-510-60-00-60113,757.00INVOICE TOTAL:3,757.00 *8012204/30/24 01 CENTER ST WATER MAIN EXTENSION 51-510-60-00-60254,587.50INVOICE TOTAL:4,587.50 *8012404/30/24 01 WELL #7 WTP STANDBY GENERATOR 51-510-60-00-6060427.50INVOICE TOTAL:427.50 *8012504/30/24 01 DOWNTOWN RIVERWALK-FEASIBILITY 01-640-54-00-54651,479.0002 STUDY** COMMENT **INVOICE TOTAL:1,479.00 *8012704/30/24 01 E. VAN EMMON ST RESURFACING23-230-60-00-60899,900.50INVOICE TOTAL:9,900.50 *FY 24Page 9 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540575 EEIENGINEERING ENTERPRISES, INC.8012804/30/24 01 2024 ROAD PROGRAM23-230-60-00-60254,206.00INVOICE TOTAL:4,206.00 *8013004/30/24 01 FY 2025 BUDGET01-640-54-00-5465358.50INVOICE TOTAL:358.50 *8013104/30/24 01 LAKE MICHIGAN-WIFIA LOAN51-510-60-00-60111,892.4702 APPLICATION** COMMENT **INVOICE TOTAL:1,892.47 *8013204/30/24 01 RT47 WATER MAIN51-510-60-00-60354,070.7002 RELOCATION-WATER PARK WAY TO** COMMENT **03 BERTRAM** COMMENT **INVOICE TOTAL:4,070.70 *8013304/30/24 01 CITY OF YORKVILLE-GENERAL01-640-54-00-54651,098.00INVOICE TOTAL:1,098.00 *8013804/30/24 01 2024 LOCAL ROAD PROGRAM23-230-60-00-602525,811.50INVOICE TOTAL:25,811.50 *8014004/30/24 01 LOT 22, KENDALL MARKETPLACE01-640-54-00-54651,798.50INVOICE TOTAL:1,798.50 *CHECK TOTAL:156,895.92540576 FOXVALLE FOX VALLEY TROPHY & AWARDS19204/18/24 01 SPRING SOCCER MEDALS79-795-56-00-56061,805.00INVOICE TOTAL:1,805.00 *CHECK TOTAL:1,805.00540577 FOXVALSA FOX VALLEY SANDBLASTINGFY 24Page 10 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540577 FOXVALSA FOX VALLEY SANDBLASTING5817804/01/24 01 SANDBLAST & RECOAT LIGHT POLES 25-225-60-00-60101,535.00INVOICE TOTAL:1,535.00 *5817904/01/24 01 SANDBLAST & RECOAT LIGHT POLES 25-225-60-00-6010300.00INVOICE TOTAL:300.00 *5845804/29/24 01 KIWANI PARK REPAINTING25-225-60-00-6010828.40INVOICE TOTAL:828.40 *CHECK TOTAL:2,663.40540578 FRNKMRSH FRANK MARSHALL9199704/30/24 01 POWER MONITORING AT LIBRARY24-216-54-00-5446282.00INVOICE TOTAL:282.00 *CHECK TOTAL:282.00540579 FUNKHOUC CHRIS FUNKHOUSERMETRO DRVDWN04/18/24 01 METROWEST LEGISLATIVE DRIVE01-110-54-00-5415217.0802 DOWN MILEAGE REIMBURSEMENT** COMMENT **INVOICE TOTAL:217.08 *CHECK TOTAL:217.08540580 GARDKOCH GARDINER KOCH & WEISBERG1939405/11/24 01 APR 2024 KIMBALL HILL I MATTER 01-640-54-00-54614,662.07INVOICE TOTAL:4,662.07 *CHECK TOTAL:4,662.07540581 GROOT GROOT INCFY 24Page 11 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540581 GROOT GROOT INC12476096T10205/01/24 01 APR 2024 REFUSE SERVICE 01-540-54-00-5442144,543.0102 APR 2024 SENIOR REFUSE SERVICE 01-540-54-00-54414,023.44INVOICE TOTAL:148,566.45 *CHECK TOTAL:148,566.45540582 IMPACT IMPACT NETWORKING, LLC322789205/03/24 01 02/01-04/30 COPIER CHARGES01-210-54-00-54302.7002 02/01-04/30 COPIER CHARGES 01-110-54-00-543020.1203 02/01-04/30 COPIER CHARGES 01-120-54-00-543037.4104 02/01-04/30 COPIER CHARGES 79-790-54-00-54620.6505 02/01-04/30 COPIER CHARGES-UB 01-120-54-00-54309.2506 02/01-04/30 COPIER CHARGES-UB 51-510-54-00-543012.3907 02/01-04/30 COPIER CHARGES-UB 52-520-54-00-54305.77INVOICE TOTAL:88.29 *CHECK TOTAL:88.29540583 JIMSTRCK JIM'S TRUCK INSPECTION LLC20137501/18/24 01 TRUCK INSPECTION79-790-54-00-549541.00INVOICE TOTAL:41.00 *CHECK TOTAL:41.00540584 KLUBER KLUBER, INC900604/30/24 01 CITY OF YORKVILLE PUBLIC24-216-60-00-604291,962.0002 WORKS AND PARK MAINTENANCE** COMMENT **03 STUDY** COMMENT **INVOICE TOTAL:91,962.00 *CHECK TOTAL:91,962.00FY 24Page 12 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540585 KONICAMI KONICA MINOLTA BUSINESS5162712805/07/24 01 APR 2024 DOCUMENT SCANNING01-220-54-00-546215,720.89INVOICE TOTAL:15,720.89 *5162712905/07/24 01 APR 2024 DOCUMENT SCANNING01-220-54-00-54624,049.50INVOICE TOTAL:4,049.50 *5162882505/08/24 01 APR 2024 DOCUMENT SCANNING01-220-54-00-5462369.84INVOICE TOTAL:369.84 *5162882605/08/24 01 APR 2024 DOCUMENT SCANNING01-220-54-00-5462546.00INVOICE TOTAL:546.00 *5162882705/08/24 01 APR 2024 DOCUMENT SCANNING01-220-54-00-5462307.43INVOICE TOTAL:307.43 *CHECK TOTAL:20,993.66540586 MEADE MEADE ELECTRIC COMPANY, INC.70840104/22/24 01 RT47 & SARAVANOS SIGNAL REPAIR 01-410-54-00-5435566.99INVOICE TOTAL:566.99 *CHECK TOTAL:566.99540587 MECHANIC MECHANICS LAB LLC503704/30/24 01 REPLACE DASH PTO SWITCH52-520-54-00-5490856.47INVOICE TOTAL:856.47 *CHECK TOTAL:856.47540588 MORASPH MORRIS SAND & GRAVEL, INC.1600404/16/24 01 GRAVEL79-790-56-00-5646441.94INVOICE TOTAL:441.94 *CHECK TOTAL:441.94FY 24Page 13 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540589 NARVICK NARVICK BROS. LUMBER CO, INC9063504/19/24 01 CONCRETE25-225-60-00-6010971.00INVOICE TOTAL:971.00 *CHECK TOTAL:971.00540590 NICOR NICOR GAS12-43-53-5625 3-0424 05/02/24 01 04/02-05/02 609 N BRIDGE01-110-54-00-548046.08INVOICE TOTAL:46.08 *23-45-91-4862 5-0424 05/02/24 01 04/02-05/02 101 BRUELL01-110-54-00-5480139.89INVOICE TOTAL:139.89 *37-35-53-1941 1-0424 05/07/24 01 04/05-05/07 185 WOLF ST01-110-54-00-548092.34INVOICE TOTAL:92.34 *40-52-64-8356 1-0424 05/03/24 01 04/03-05/03 102 E VAN EMMON 01-110-54-00-5480266.06INVOICE TOTAL:266.06 *46-69-47-6727 1-0424 05/07/24 01 04/05-05/07 1975 N BRIDGE 01-110-54-00-5480139.22INVOICE TOTAL:139.22 *61-60-41-1000 9-0424 05/02/24 01 04/02-05/02 610 TOWER LN01-110-54-00-5480297.86INVOICE TOTAL:297.86 *66-70-44-6942 9-0424 05/07/24 01 04/05-05/07 1908 RAINTREE RD 01-110-54-00-5480139.91INVOICE TOTAL:139.91 *80-56-05-1157 0-0424 05/07/24 01 04/05-05/07 2512 ROSEMONT 01-110-54-00-548046.24INVOICE TOTAL:46.24 *83-80-00-1000 7-0424 05/07/24 01 04/02-05/02 610 TOWER UNIT B 01-110-54-00-548094.21INVOICE TOTAL:94.21 *CHECK TOTAL:1,261.81FY 24Page 14 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540591 NICOR NICOR GAS91-85-68-4012 8-0424 05/02/24 01 04/01-05/01 902 GAME FARM RD 82-820-54-00-54801,254.40INVOICE TOTAL:1,254.40 *CHECK TOTAL:1,254.40540592 NUTOYS NUTOYS LEISURE PRODUCTSYRKCIT 104/10/24 01 BENCHES79-790-56-00-56205,060.00INVOICE TOTAL:5,060.00 *CHECK TOTAL:5,060.00540593 OMALLEY O'MALLEY WELDING & FABRICATING2120104/29/24 01 KIWANIS PARK GUARD RAIL REPAIR 25-225-60-00-60102,500.00INVOICE TOTAL:2,500.00 *CHECK TOTAL:2,500.00540594 OSWEGO VILLAGE OF OSWEGO262905/10/24 01 WATER FUND WATER CORROSION51-510-60-00-60111,370.2502 ASSESSMENT FOR APR 2024** COMMENT **03 REIMBURSEMENT** COMMENT **INVOICE TOTAL:1,370.25 *263104/30/24 01 MAR 2024 SALARY REIMBURSEMENT 01-210-54-00-54135,577.3502 FOR TRAINING COORDINATOR** COMMENT **INVOICE TOTAL:5,577.35 *263204/30/24 01 APR 2024 SALARY REIMBURSEMENT 01-210-54-00-54134,038.8302 FOR TRAINING COORDINATOR** COMMENT **INVOICE TOTAL:4,038.83 *CHECK TOTAL:10,986.43FY 24Page 15 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540595 OTTOSEN OTTOSEN DINOLFO635804/30/24 01 APR 2024 CITY LEGAL MATTERS01-640-54-00-545610,807.90INVOICE TOTAL:10,807.90 *635904/30/24 01 APR 2024 YORKVILLE TIF 188-880-54-00-54622,541.50INVOICE TOTAL:2,541.50 *636004/30/24 01 APR 2024 MEETINGS01-640-54-00-54561,600.00INVOICE TOTAL:1,600.00 *636704/30/24 01 ACQUISITION OF 407 ADAMS01-640-54-00-54561,150.00INVOICE TOTAL:1,150.00 *CHECK TOTAL:16,099.40540596 PARADISE PARADISE CAR WASH22489304/05/24 01 MAR 2024 CAR WASHES79-790-54-00-549515.00INVOICE TOTAL:15.00 *CHECK TOTAL:15.00D003457 PEASLEYB BRANDON PEASLEY04272404/27/24 01 REFEREE79-795-54-00-5462300.00INVOICE TOTAL:300.00 *DIRECT DEPOSIT TOTAL:300.00540597 PURCELLJ JOHN PURCELLMETRO DRVDWN04/18/24 01 METROWEST LEGISLATIVE DRIVE01-110-54-00-5415217.0802 DOWN MILEAGE REIMBURSEMENT** COMMENT **INVOICE TOTAL:217.08 *CHECK TOTAL:217.08FY 24Page 16 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540598 R0002646 JOSEPH PANOZZOMAILBOX RPLCMNT05/01/24 01 MAILBOX REPLACEMENT01-410-56-00-5620132.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:132.00 *CHECK TOTAL:132.00540599 REILTEAM REIL INC.2437304/26/24 01 GEAR HANDLE79-790-56-00-5640150.00INVOICE TOTAL:150.00 *CHECK TOTAL:150.00540600 REINDERS REINDERS, INC.1957031-0004/30/24 01 SOLAR PANNEL KIT79-790-56-00-564611,783.52INVOICE TOTAL:11,783.52 *4075358-0004/30/24 01 CONTROL KIT INSTALLATION79-790-54-00-54954,429.61INVOICE TOTAL:4,429.61 *CHECK TOTAL:16,213.13540601 SOLINGC CRAIG SOLINGMETRO DRVDWN04/18/24 01 METROWEST LEGISLATIVE DRIVE01-110-54-00-5415217.0802 DOWN MILEAGE REIMBURSEMENT** COMMENT **INVOICE TOTAL:217.08 *CHECK TOTAL:217.08540602 SUBURLAB SUBURBAN LABORATORIES INC.22464304/30/24 01 WATER SAMPLING51-510-54-00-5429802.88INVOICE TOTAL:802.88 *CHECK TOTAL:802.88FY 24Page 17 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 07:41:02UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540603 WATERSYS WATER SOLUTIONS UNLIMITED, INC12351404/26/24 01 CHEMICALS51-510-56-00-56384,605.19INVOICE TOTAL:4,605.19 *CHECK TOTAL:4,605.19540604 WILLMAN WILLMAN & GROESCH505705/02/24 01 ASSIST WITH H2O LEAK TOOLS IN 51-510-54-00-5462150.0002 MARCH 2023** COMMENT **INVOICE TOTAL:150.00 *CHECK TOTAL:150.00544,940.58300.00TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:545,240.58FY 24Page 18 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/15/24UNITED CITY OF YORKVILLETIME: 15:28:33CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 05/15/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540561 R0002648 DOLORES CRUISEEASEMENT05/15/24 01 REIMBURSEMENT FOR EASEMENT51-510-60-00-60245,270.0002 AND CROP DAMAGE** COMMENT **INVOICE TOTAL:5,270.00 *CHECK TOTAL:5,270.00TOTAL AMOUNT PAID:5,270.00FY 25Page 19 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/14/24TIME: 11:02:18UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/17/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003443 BARTLETA ADAM BARTLETT05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462150.00INVOICE TOTAL:150.00 *DIRECT DEPOSIT TOTAL:150.00540535 BEEBEK KATE BEEBE05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462375.00INVOICE TOTAL:375.00 *CHECK TOTAL:375.00540536 BOOKERM MICHAEL BOOKER05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462135.00INVOICE TOTAL:135.00 *CHECK TOTAL:135.00540537 BOOKERT THOMAS BOOKER05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462160.00INVOICE TOTAL:160.00 *CHECK TOTAL:160.00540538 BRISBOND DANA XAVIER BRISBON05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462250.00INVOICE TOTAL:250.00 *CHECK TOTAL:250.00540539 BUDDA ARLO BUDDFY 25Page 20 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/14/24TIME: 11:02:18UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/17/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540539 BUDDA ARLO BUDD05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462160.00INVOICE TOTAL:160.00 *CHECK TOTAL:160.00540540 CALHOUNC CAMDEN CALHOUN05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462125.00INVOICE TOTAL:125.00 *CHECK TOTAL:125.00D003444 CONFORTM MASON CONFORTI05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462350.00INVOICE TOTAL:350.00 *DIRECT DEPOSIT TOTAL:350.00D003445 CULLENT TREVOR CULLEN05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462105.00INVOICE TOTAL:105.00 *DIRECT DEPOSIT TOTAL:105.00540541 DICKINSD DONALD W DICKINSON05/01-05/1205/13/24 01 UMPIRE79-795-54-00-546275.00INVOICE TOTAL:75.00 *CHECK TOTAL:75.00540542 EVINST W. THOMAS EVINSFY 25Page 21 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/14/24TIME: 11:02:18UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/17/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540542 EVINST W. THOMAS EVINS05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462250.00INVOICE TOTAL:250.00 *CHECK TOTAL:250.00540543 GAMBROA ABIGAIL GAMBRO05/01-05/1205/13/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00540544 GAMBROK KATE GAMBRO05/01-05/1205/13/24 01 UMPIRE79-795-54-00-546270.00INVOICE TOTAL:70.00 *CHECK TOTAL:70.00D003446 HUNTR RUSSEL J. HUNT05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462300.00INVOICE TOTAL:300.00 *DIRECT DEPOSIT TOTAL:300.00540545 JENKINSL LANDON JENKINS05/01-05/1205/13/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00540546 KEITHM MASON KEITHFY 25Page 22 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/14/24TIME: 11:02:18UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/17/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540546 KEITHM MASON KEITH05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462250.00INVOICE TOTAL:250.00 *CHECK TOTAL:250.00540547 KOCURJ JAXSON KOCUR05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462115.00INVOICE TOTAL:115.00 *CHECK TOTAL:115.00D003447 MATSONA AIDAN MATSON05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462715.00INVOICE TOTAL:715.00 *DIRECT DEPOSIT TOTAL:715.00D003448 MAYNARDL LAURENCE R. MAYNARD05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462105.00INVOICE TOTAL:105.00 *DIRECT DEPOSIT TOTAL:105.00D003449 MEIERJ JACKSON MEIER05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462190.00INVOICE TOTAL:190.00 *DIRECT DEPOSIT TOTAL:190.00D003450 MOSLEYL LONNIE I. MOSLEY IVFY 25Page 23 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/14/24TIME: 11:02:18UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/17/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003450 MOSLEYL LONNIE I. MOSLEY IV05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462150.00INVOICE TOTAL:150.00 *DIRECT DEPOSIT TOTAL:150.00540548 NYDEGGEA AYDEN NYDEGGER05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462140.00INVOICE TOTAL:140.00 *CHECK TOTAL:140.00D003451 OLEARYM MARTIN J. O'LEARY05/01-05/1205/13/24 01 UMPRE79-795-54-00-5462100.00INVOICE TOTAL:100.00 *DIRECT DEPOSIT TOTAL:100.00540549 PAETZOLS SAM PAETZOLD05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462375.00INVOICE TOTAL:375.00 *CHECK TOTAL:375.00D003452 PATTONS SHANE PATTON05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462675.00INVOICE TOTAL:675.00 *DIRECT DEPOSIT TOTAL:675.00D003453 PEASLEYB BRANDON PEASLEYFY 25Page 24 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/14/24TIME: 11:02:18UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/17/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003453 PEASLEYB BRANDON PEASLEY05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462300.00INVOICE TOTAL:300.00 *DIRECT DEPOSIT TOTAL:300.00D003454 PIATKOWD DAVID PIATKOWSKI05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462270.00INVOICE TOTAL:270.00 *DIRECT DEPOSIT TOTAL:270.00540550 RIETZR ROBERT L. RIETZ JR.05022405/02/24 01 UMPIRE79-795-54-00-546284.00INVOICE TOTAL:84.00 *CHECK TOTAL:84.00540551 ROTHLISD DAVID ROTHLISBERGER05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462105.00INVOICE TOTAL:105.00 *CHECK TOTAL:105.00540552 SANDOVAA ANTONIO SANDOVAL05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462300.00INVOICE TOTAL:300.00 *CHECK TOTAL:300.00D003455 SCHOUD DECLAN SCHOUFY 25Page 25 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/14/24TIME: 11:02:18UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/17/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003455 SCHOUD DECLAN SCHOU05/01-05/1205/13/24 01 UMPIRE79-795-54-00-546280.00INVOICE TOTAL:80.00 *DIRECT DEPOSIT TOTAL:80.00540553 STONED DANIEL ROBERT STONE05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462180.00INVOICE TOTAL:180.00 *CHECK TOTAL:180.00540554 STONEDJR DANIEL MICHAEL STONE05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462140.00INVOICE TOTAL:140.00 *CHECK TOTAL:140.00D003456 STRIKEK KNOX STRIKE05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462270.00INVOICE TOTAL:270.00 *DIRECT DEPOSIT TOTAL:270.00540555 TATET TOM TATE05/01-05/1205/13/24 01 UMPIRE79-795-54-00-546270.00INVOICE TOTAL:70.00 *CHECK TOTAL:70.00540556 VOITIKM MICHAEL VOITIKFY 25Page 26 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/14/24TIME: 11:02:18UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/17/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540556 VOITIKM MICHAEL VOITIK05022405/02/24 01 UMPIRE79-795-54-00-546284.00INVOICE TOTAL:84.00 *CHECK TOTAL:84.00540557 WALTERSJ JULIA MARGARET WALTERS05/01-05/1205/13/24 01 UMPIRE79-795-54-00-5462150.00INVOICE TOTAL:150.00 *CHECK TOTAL:150.00540558 WASONG GERALD WASON05022405/02/24 01 UMPIRE79-795-54-00-546284.00INVOICE TOTAL:84.00 *CHECK TOTAL:84.00540559 WILLEK KEEGAN WILLE05/01-05/1205/13/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00TOTAL CHECKS PAID:3,782.00TOTAL DEPOSITS PAID:3,760.00TOTAL AMOUNT PAID:7,542.00FY 25Page 27 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 13:44:34UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540645 AGUILARJ JOSE GONZALO AGUILAR5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462150.00INVOICE TOTAL:150.00 *CHECK TOTAL:150.00540646 ALLENK KATLYN ALLEN5/13-5/1905/21/24 01 UMPIRE79-795-54-00-546275.00INVOICE TOTAL:75.00 *CHECK TOTAL:75.00D003459 BARTLETA ADAM BARTLETT5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546280.00INVOICE TOTAL:80.00 *DIRECT DEPOSIT TOTAL:80.00D003460 BAUTISTR RUBENN BAUTISTA5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462100.00INVOICE TOTAL:100.00 *DIRECT DEPOSIT TOTAL:100.00540647 BEEBEK KATE BEEBE5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462150.00INVOICE TOTAL:150.00 *CHECK TOTAL:150.00D003461 BOOKERM MICHAEL BOOKERFY 25Page 28 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 13:44:34UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003461 BOOKERM MICHAEL BOOKER5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546245.00INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00540648 BRISBOND DANA XAVIER BRISBON5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462450.00INVOICE TOTAL:450.00 *CHECK TOTAL:450.00540649 BUDDA ARLO BUDD5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462160.00INVOICE TOTAL:160.00 *CHECK TOTAL:160.00D003462 CONFORTM MASON CONFORTI5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462170.00INVOICE TOTAL:170.00 *DIRECT DEPOSIT TOTAL:170.00D003463 CULLENT TREVOR CULLEN5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546270.00INVOICE TOTAL:70.00 *DIRECT DEPOSIT TOTAL:70.00540650 CURLC CHRISTOPHER CURLFY 25Page 29 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 13:44:34UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540650 CURLC CHRISTOPHER CURL5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546275.00INVOICE TOTAL:75.00 *CHECK TOTAL:75.00540651 EVINST W. THOMAS EVINS5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546250.00INVOICE TOTAL:50.00 *CHECK TOTAL:50.00540652 HUMBERSC CARTER HUMBERS5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546270.00INVOICE TOTAL:70.00 *CHECK TOTAL:70.00D003464 HUNTR RUSSEL J. HUNT5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462350.00INVOICE TOTAL:350.00 *DIRECT DEPOSIT TOTAL:350.00540653 JENKINSL LANDON JENKINS5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462125.00INVOICE TOTAL:125.00 *CHECK TOTAL:125.00540654 KEITHM MASON KEITHFY 25Page 30 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 13:44:34UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540654 KEITHM MASON KEITH5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00540655 KNICKERJ JACKSON KNICKERBOCKER5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546245.00INVOICE TOTAL:45.00 *CHECK TOTAL:45.00540656 KOCURJ JAXSON KOCUR5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546270.00INVOICE TOTAL:70.00 *CHECK TOTAL:70.00540657 LIPSCOJA JACOB LIPSCOMB5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462150.00INVOICE TOTAL:150.00 *CHECK TOTAL:150.00D003465 MATSONA AIDAN MATSON5/13-5/1905/21/24 01 UMPIRE79-795-54-00-5462135.00INVOICE TOTAL:135.00 *DIRECT DEPOSIT TOTAL:135.00D003466 MEIERJ JACKSON MEIERFY 25Page 31 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 13:44:34UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003466 MEIERJ JACKSON MEIER5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *DIRECT DEPOSIT TOTAL:35.00540658 NAROLESS STEPHANIE NAROLESKI5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546275.00INVOICE TOTAL:75.00 *CHECK TOTAL:75.00D003467 OLEARYM MARTIN J. O'LEARY5/13-5/1905/20/24 01 UMPRE79-795-54-00-5462100.00INVOICE TOTAL:100.00 *DIRECT DEPOSIT TOTAL:100.00540659 PAETZOLS SAM PAETZOLD5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00D003468 PATTONS SHANE PATTON5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462150.00INVOICE TOTAL:150.00 *DIRECT DEPOSIT TOTAL:150.00540660 R0002509 SPECIAL OLYMPICS ILLINOISFY 25Page 32 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 13:44:34UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540660 R0002509 SPECIAL OLYMPICS ILLINOIS2024 COP ON RFTTP 05/21/24 01 2024 COP ON A ROOFTOP PROCEEDS 01-000-24-00-24212,720.03INVOICE TOTAL:2,720.03 *CHECK TOTAL:2,720.03540661 RIETZR ROBERT L. RIETZ JR.05162405/16/24 01 UMPIRE79-795-54-00-5462168.00INVOICE TOTAL:168.00 *CHECK TOTAL:168.00540662 ROTHLISD DAVID ROTHLISBERGER5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546280.00INVOICE TOTAL:80.00 *CHECK TOTAL:80.00540663 RUMSHASO OWEN RUMSHAS5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546245.00INVOICE TOTAL:45.00 *CHECK TOTAL:45.00D003469 SCHOUD DECLAN SCHOU5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *DIRECT DEPOSIT TOTAL:35.00540664 STONEDJR DANIEL MICHAEL STONEFY 25Page 33 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 13:44:34UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540664 STONEDJR DANIEL MICHAEL STONE5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00D003470 STRIKEK KNOX STRIKE5/13-5/1905/20/24 01 UMPIRE79-795-54-00-5462170.00INVOICE TOTAL:170.00 *DIRECT DEPOSIT TOTAL:170.00540665 TOMBLINC CHARLES TOMBLINSON5/13-5/1905/20/24 01 UMPIRE79-795-54-00-546275.00INVOICE TOTAL:75.00 *CHECK TOTAL:75.00540666 VOITIKM MICHAEL VOITIK05162405/16/24 01 UMPIRE79-795-54-00-5462168.00INVOICE TOTAL:168.00 *CHECK TOTAL:168.00540667 WASONG GERALD WASON05162405/16/24 01 UMPIRE79-795-54-00-5462168.00INVOICE TOTAL:168.00 *CHECK TOTAL:168.00TOTAL CHECKS PAID:TOTAL DIRECT DEPOSITS PAID:TOTAL AMOUNT PAID:5,174.031,440.006,614.03FY 25Page 34 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540606 AMALGAMA AMALGAMATED BANK OF CHICAGO7544052405/01/24 01 BOND SERIES 2021 ADMIN FEE 24-216-54-00-5498475.0002 FOR 5/1/24-4/30/25** COMMENT **INVOICE TOTAL:475.00 *CHECK TOTAL:475.00540607 BAUERJ JONATHAN BAUERILEPA RENEWAL05/14/24 01 ILEPA RENEWAL REIMBURSEMENT 51-510-54-00-546210.00INVOICE TOTAL:10.00 *CHECK TOTAL:10.00540608 BKFDBRISTOL KENDALL FIRE DEPART.043024-LC05/01/24 01 FEB-APR 2024 DEVELOPMENT FEES 95-000-24-00-245235,600.00INVOICE TOTAL:35,600.00 *CHECK TOTAL:35,600.00540609 CAMBRIA CAMBRIA SALES COMPANY INC.4379705/01/24 01 PAPER TOWEL52-520-56-00-5620108.54INVOICE TOTAL:108.54 *CHECK TOTAL:108.54540610 CIVICPLS CIVIC PLUS29277804/01/24 01 MUNICODE RENEWAL01-110-54-00-54511,195.00INVOICE TOTAL:1,195.00 *CHECK TOTAL:1,195.00540611 COREMAIN CORE & MAIN LPFY 25Page 35 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540611 COREMAIN CORE & MAIN LPU81894605/02/24 01 100CF METER51-510-56-00-56641,726.79INVOICE TOTAL:1,726.79 *U81900205/02/24 01 METER FLG SET51-510-56-00-5664105.28INVOICE TOTAL:105.28 *CHECK TOTAL:1,832.07540612 CULLL LEVI CULL2024 RIVER FEST05/14/24 01 2024 RIVER FEST BAND79-795-56-00-5606800.00INVOICE TOTAL:800.00 *CHECK TOTAL:800.00540613 DINNERBL DINNERBELL PRODUCTIONS2024 RIVER FEST05/14/24 01 2024 RIVERFEST MUSIC SHOW 79-795-56-00-56061,500.00INVOICE TOTAL:1,500.00 *CHECK TOTAL:1,500.00540614 EEIENGINEERING ENTERPRISES, INC.8008804/30/24 01 HEARTLAND MEADOWS90-064-64-00-01112,796.50INVOICE TOTAL:2,796.50 *8008904/30/24 01 WINDETT RIDGE-UNIT 290-048-48-00-0111234.75INVOICE TOTAL:234.75 *8009204/30/24 01 GRANDE RESERVE-UNITS 26 & 27 90-147-00-00-01113,523.00INVOICE TOTAL:3,523.00 *8009504/30/24 01 BRIGHT FARMS90-173-00-00-01113,063.50INVOICE TOTAL:3,063.50 *FY 25Page 36 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540614 EEI ENGINEERING ENTERPRISES, INC.80096 04/30/24 01 KENDALLWOOD ESTATES-RALLY 90-174-00-00-0111 1,073.75INVOICE TOTAL: 1,073.75 *80100 04/30/24 01 BRISTOL BAY-UNIT 13 90-179-00-00-0111 132.75INVOICE TOTAL:132.75 *8010104/30/24 01 GREEN DOOR LINCOLN PRAIRIE 90-191-00-00-0111426.00INVOICE TOTAL:426.00 *8010304/30/24 01 STATION 1 BBQ90-185-00-00-0111102.00INVOICE TOTAL:102.00 *8010804/30/24 01 NORTHPOINTE SUBDIVISION90-195-00-00-01112,684.00INVOICE TOTAL:2,684.00 *8010904/30/24 01 NEW LEAF ENERGY-SOLAR FARM 90-196-00-00-0111113.50INVOICE TOTAL:113.50 *8011204/30/24 01 GREEN DOOR HAGEMANN90-221-00-00-0011606.00INVOICE TOTAL:606.00 *8011304/30/24 01 GREEN DOOR KELAKA90-220-00-00-0111164.50INVOICE TOTAL:164.50 *8011504/30/24 01 BRISTOL RIDGE SOLAR 10590-201-00-00-0111113.50INVOICE TOTAL:113.50 *8012304/30/24 01 1203 N BRIDGE ST-GERBER90-214-00-00-0111358.50INVOICE TOTAL:358.50 *8012604/30/24 01 LOT 1-FOUNTAIN VILLAGE90-211-00-00-011188.50INVOICE TOTAL:88.50 *8012904/30/24 01 KENDALL MARKETPLACE-LOT 52 90-154-00-00-0111326.00FY 25Page 37 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540614 EEI ENGINEERING ENTERPRISES, INC.80129 04/30/24 02 PHASE 4 ** COMMENT **INVOICE TOTAL: 326.00 *80134 04/30/24 01 CORNEILS RD SOLAR 90-216-00-00-0111 1,597.25INVOICE TOTAL:1,597.25 *8013504/30/24 01 1981 S. BRIDGE ST90-219-00-00-01112,185.00INVOICE TOTAL:2,185.00 *8013604/30/24 01 GRANDE RESERVE - UNIT 2190-222-00-00-01111,530.50INVOICE TOTAL:1,530.50 *8013704/30/24 01 724 E. VETERANS PKWY90-217-00-00-01113,352.00INVOICE TOTAL:3,352.00 *8013904/30/24 01 GRANDE RESERVE-UNITS 18 & 25 90-228-00-00-01112,342.00INVOICE TOTAL:2,342.00 *8014104/30/24 01 WESTBURY VILLAGE-NVR90-178-00-00-01112,663.50INVOICE TOTAL:2,663.50 *CHECK TOTAL:29,477.00540615 FOXVALLE FOX VALLEY TROPHY & AWARDSt10205/06/24 01 SPRING BASEBALL MEDALS79-795-56-00-5606729.20INVOICE TOTAL:729.20 *CHECK TOTAL:729.20540616 FRNKMRSH FRANK MARSHALL9201505/08/24 01 BRUELL LIFT STATION52-520-54-00-54441,148.0002 PREVENTATIVE MAINTENANCE** COMMENT **INVOICE TOTAL:1,148.00 *CHECK TOTAL:1,148.00FY 25Page 38 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540617 IMPERINV IMPERIAL INVESTMENTSMAR 2024-REBATE05/09/24 01 MAR 2024 BUSINESS DIST. REBATE 01-000-24-00-24881,085.33INVOICE TOTAL:1,085.33 *CHECK TOTAL:1,085.33540618 JIMSTRCK JIM'S TRUCK INSPECTION LLC20349905/09/24 01 TRUCK INSPECTION01-410-54-00-549065.00INVOICE TOTAL:65.00 *20350005/09/24 01 TRUCK INSPECTION01-410-54-00-549043.00INVOICE TOTAL:43.00 *20353405/10/24 01 TRUCK INSPECTION01-410-54-00-549041.00INVOICE TOTAL:41.00 *20353505/10/24 01 TRUCK INSPECTION01-410-54-00-549041.00INVOICE TOTAL:41.00 *CHECK TOTAL:190.00540619 KENDCROS KENDALL CROSSING, LLCBD REBATE 03/2405/09/24 01 MAR 2024 BUSINESS DIST. REBATE 01-000-24-00-24876,364.22INVOICE TOTAL:6,364.22 *CHECK TOTAL:6,364.22540620 KENDEDC KENDALL COUNTY COLLECTOR2023 PAYABLE 2024 05/14/24 01 ROB ROY/ RAYMOND DRAINAGE 01-640-54-00-5462584.1802 2023 P-TAX INSTALLMENT** COMMENT **INVOICE TOTAL:584.18 *CHECK TOTAL:584.18FY 25Page 39 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540621 LINDCO LINDCO EQUIPMENT SALES INC240334C-SWL 05/01/24 01 PETERBILT 567 SINGLE AXEL 25-215-60-00-6070 150,696.44INVOICE TOTAL: 150,696.44 *CHECK TOTAL: 150,696.44540622 LINDCO LINDCO EQUIPMENT SALES INC240335C-SWL 05/01/24 01 PETERBILT 567 SINGLE AXLE 25-215-60-00-6070 150,696.44INVOICE TOTAL:150,696.44 *CHECK TOTAL:150,696.44540623 LINDCO LINDCO EQUIPMENT SALES INC240337C-SWL05/01/24 01 PETERBILT 567 TANDEM AXEL 25-215-60-00-6070164,206.34INVOICE TOTAL:164,206.34 *CHECK TOTAL:164,206.34540624 LINDCO LINDCO EQUIPMENT SALES INC40336C-SWL05/01/24 01 PETERBILT 567 SINGLE AXEL 25-215-60-00-6070150,696.44INVOICE TOTAL:150,696.44 *CHECK TOTAL:150,696.44540625 LRSLRS, LLCPS59815005/02/24 01 5/3-5/30 PORTOLET UPKEEP-TOWN 79-795-56-00-5620210.0002 SQUARE PARK** COMMENT **INVOICE TOTAL:210.00 *PS59815105/02/24 01 5/3-5/30 PORTOLET79-795-56-00-5620302.0002 UPKEEP-RIVERFRONT PARK** COMMENT **INVOICE TOTAL:302.00 *FY 25Page 40 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540625 LRS LRS, LLCPS59815205/02/24 01 5/3-5/30 PORTOLET79-795-56-00-562092.0002 UPKEEP-CIRCLE CENTER** COMMENT **INVOICE TOTAL:92.00 *PS59815305/02/24 01 5/3-5/30 PORTOLET UPKEEP-VAN 79-795-56-00-562092.0002 EMMON** COMMENT **INVOICE TOTAL:92.00 *PS59815405/02/24 01 5/3-5/30 PORTOLET UPKEEP-1711 79-795-56-00-562092.0002 JOHN** COMMENT **INVOICE TOTAL:92.00 *PS59815505/02/24 01 5/3-5/30 PORTOLET UPKEEP-FOX 79-795-56-00-562092.0002 HILL** COMMENT **INVOICE TOTAL:92.00 *PS59815605/02/24 01 5/3-5/30 PORTOLET UPKEEP-901 79-795-56-00-5620586.0002 GAME FARM RD** COMMENT **INVOICE TOTAL:586.00 *PS59815705/02/24 01 5/3-5/30 PORTOLET79-795-56-00-562092.0002 UPKEEP-ROTARY PARK** COMMENT **INVOICE TOTAL:92.00 *PS59815805/02/24 01 5/3-5/30 PORTOLET79-795-56-00-562092.0002 UPKEEP-BRISTOL BAY ELEMENTARY ** COMMENT **INVOICE TOTAL:92.00 *PS59815905/02/24 01 5/3-5/30 PORTOLET79-795-56-00-5620184.0002 UPKEEP-BRIDGE PARK** COMMENT **INVOICE TOTAL:184.00 *PS59816005/02/24 01 5/3-5/30 PORTOLET79-795-56-00-562092.0002 UPKEEP-RAINTREE** COMMENT **INVOICE TOTAL:92.00 *FY 25Page 41 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540625 LRS LRS, LLCPS59816105/02/24 01 5/3-5/30 PORTOLET79-795-56-00-562092.0002 UPKEEP-CANNONBALL PARK** COMMENT **INVOICE TOTAL:92.00 *PS59816205/02/24 01 5/3-5/30 PORTOLET79-795-56-00-562092.0002 UPKEEP-GREENS FILLING STATION ** COMMENT **INVOICE TOTAL:92.00 *PS59816305/02/24 01 5/3-5/30 PORTOLET79-795-56-00-562092.0002 UPKEEP-BRISTOL STATION** COMMENT **INVOICE TOTAL:92.00 *PS59816405/02/24 01 5/3-5/30 PORTOLET79-795-56-00-5620184.0002 UPKEEP-RIEMENSCHNIEDER BALL ** COMMENT **03 FIELD** COMMENT **INVOICE TOTAL:184.00 *PS59816505/02/24 01 5/3-5/30 PORTOLET79-795-56-00-5620662.0002 UPKEEP-BRISTOL BAY PARK** COMMENT **INVOICE TOTAL:662.00 *PS59816605/02/24 01 5/3-5/30 PORTOLET79-795-56-00-562092.0002 UPKEEP-GRANDE RESERVE** COMMENT **03 ELEMENTARY** COMMENT **INVOICE TOTAL:92.00 *PS59816705/02/24 01 5/3-5/30 PORTOLET79-795-56-00-562092.0002 UPKEEP-COUNTRYSIDE** COMMENT **INVOICE TOTAL:92.00 *CHECK TOTAL:3,232.00540626 MADBOMB MAD BOMBER FIREWORK PRODUCTION2024 JULY 405/14/24 01 JULY 4TH FIREWORKS79-795-56-00-560648,000.00INVOICE TOTAL:48,000.00 *CHECK TOTAL:48,000.00FY 25Page 42 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540627 METRONET METRO FIBERNET LLC1872272-05182405/18/24 01 5/18-6/17 651 PP INTERNET 01-110-54-00-544066.8702 5/18-6/17 651 PP INTERNET 01-220-54-00-544076.4203 5/18-6/17 651 PP INTERNET 01-120-54-00-544038.2104 5/18-6/17 651 PP INTERNET 79-795-54-00-544076.4205 5/18-6/17 651 PP INTERNET 01-210-54-00-5440382.08INVOICE TOTAL:640.00 *CHECK TOTAL:640.00540628 NEOPOST QUADIENT FINANCE USA, INC051424-CITY05/14/24 01 POSTAGE MACHINE REFILL01-000-14-00-1410300.00INVOICE TOTAL:300.00 *CHECK TOTAL:300.00540629 OSWEFIRE OSWEGO FIRE PROTECTION DIST.043024-LC05/01/24 01 FEB-APR 2024 DEVELOPMENT FEES 95-000-24-00-24564,019.40INVOICE TOTAL:4,019.40 *CHECK TOTAL:4,019.40540630 OTTOSEN OTTOSEN DINOLFO636104/30/24 01 APR 2024 WESTBURY MATTER90-178-00-00-00111,794.00INVOICE TOTAL:1,794.00 *636204/30/24 01 APR 2024 GREEN DOOR MATTER 90-191-00-00-00111,805.53INVOICE TOTAL:1,805.53 *636404/30/24 01 APR 2024 TIMBER RIDGE MATTERS 90-174-00-00-0011747.50INVOICE TOTAL:747.50 *636604/30/24 01 APR 2024 HAGEMANN ANNEXATION 90-229-00-00-0011115.00FY 25Page 43 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540630 OTTOSEN OTTOSEN DINOLFO6366 04/30/24 02 MATTER ** COMMENT **INVOICE TOTAL: 115.00 *CHECK TOTAL: 4,462.03540631 PEPSI PEPSI-COLA GENERAL BOTTLE28329405 05/13/24 01 BRIDGE CAONCESSION DRINKS 79-795-56-00-5607 366.44INVOICE TOTAL:366.44 *2832940605/13/24 01 BEECHER CONCESSION DRINKS 79-795-56-00-5607401.48INVOICE TOTAL:401.48 *3081565805/06/24 01 BRIDGE CONCESSION DRINKS79-795-56-00-5607500.76INVOICE TOTAL:500.76 *CHECK TOTAL:1,268.68540632 PIZZO PIZZO AND ASSOCIATES, LTD34005/01/24 01 651 PRAIRIE POINTE DR24-216-54-00-5446732.1902 NATURALIZATION AREA** COMMENT **03 MAINTENANCE-MAY 2024** COMMENT **INVOICE TOTAL:732.19 *CHECK TOTAL:732.19540633 PRINTSRC LAMBERT PRINT SOURCE, LLC400305/09/24 01 CONCESSION STAFFING SHIRTS 79-795-56-00-5607435.60INVOICE TOTAL:435.60 *401205/14/24 01 MARGARITAS EN MAYO SIGNAGE 79-795-56-00-56061,030.00INVOICE TOTAL:1,030.00 *CHECK TOTAL:1,465.60FY 25Page 44 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540634 QUICKSCR QUICK SCORES LLC24103405/13/24 01 SOFTBALL SCORING79-795-56-00-5606833.00INVOICE TOTAL:833.00 *CHECK TOTAL:833.00540635 R0000307 RAY TREVINO050724-RFND05/07/24 01 REFUND OVERPAYMENT ON UB01-000-13-00-1371241.0702 ACCT#0107463820-00** COMMENT **INVOICE TOTAL:241.07 *CHECK TOTAL:241.07540636 R0001975 RYAN HOMES20231320-428 MONTERE 05/07/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20231624-4443 TAMPA 05/10/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20231812-4459 TAMPA 05/10/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20231813-4444 SARASO 05/10/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *20231901-420 MONTERE 05/10/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *CHECK TOTAL:25,000.00540637 R0002647 KAREN MCELROY21368505/09/24 01 SOFTBALL FEE CREDIT REFUND 79-000-44-00-4404140.00INVOICE TOTAL:140.00 *CHECK TOTAL:140.00FY 25Page 45 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540638 RUSHTRCK RUSH TRUCK CENTER303721612005/10/24 01 SENSOR ASSEMBLY01-410-56-00-5628125.80INVOICE TOTAL:125.80 *CHECK TOTAL:125.80540639 TRCONTPR HIGH STAR TRAFFIC520505/08/24 01 SIGNS23-230-56-00-5642751.50INVOICE TOTAL:751.50 *CHECK TOTAL:751.50540640 VITOSH CHRISTINE M. VITOSH217704/24/23 01 04/10/24 P&Z MEETING90-216-00-00-0011385.00INVOICE TOTAL:385.00 *218004/29/24 01 04/23/24 CC MEETING90-216-00-00-0011215.00INVOICE TOTAL:215.00 *CHECK TOTAL:600.00540641 WHISKEY CRAIG COX2024 RVR FEST05/14/24 01 2024 RIVER FEST BAND79-795-56-00-56063,000.00INVOICE TOTAL:3,000.00 *CHECK TOTAL:3,000.00D003458 YBSDYORKVILLE BRISTOL24-APR05/09/24 01 APR 2024 SANITARY FEES95-000-24-00-2450376,213.37INVOICE TOTAL:376,213.37 *DIRECT DEPOSIT TOTAL:376,213.37FY 25Page 46 of 49 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 05/21/24TIME: 08:03:15UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 05/28/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------540642 YORKSCHO YORKVILLE SCHOOL DIST #115043024-LC 05/01/24 01 FEB - APR 2024 LAND CASH 95-000-24-00-2453 121,813.88INVOICE TOTAL: 121,813.88 *CHECK TOTAL: 121,813.88540643 YOUNGM MARLYS J. YOUNG050224-PS 05/06/24 01 05/02/24 PS MEETING MINUTES 01-110-54-00-5462 85.00INVOICE TOTAL:85.00 *CHECK TOTAL:85.00914,104.35376,213.37TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:1,290,317.72FY 25Page 47 of 49 REGULAR OVERTIME TOTAL IMRF FICA TOTALSADMINISTRATION25,384.21 - 25,384.21 1,479.90 1,889.80 28,753.91 FINANCE13,543.27 - 13,543.27 789.59 998.25 15,331.11 POLICE159,384.24 3,864.06 163,248.30 435.91 12,209.38 175,893.59 COMMUNITY DEV.29,594.78 - 29,594.78 1,748.70 2,205.44 33,548.92 STREETS24,871.03 148.64 25,019.67 1,464.46 2,195.88 28,680.01 BUILDING & GROUNDS5,960.30 - 5,960.30 356.23 550.24 6,866.77 WATER17,366.23 171.60 17,537.83 1,022.47 1,564.55 20,124.85 SEWER10,215.71 - 10,215.71 595.56 918.34 11,729.61 PARKS34,081.89 595.77 34,677.66 1,869.77 3,050.97 39,598.40 RECREATION28,916.64 - 28,916.64 1,249.91 2,469.40 32,635.95 LIBRARY17,033.02 - 17,033.02 640.24 1,250.81 18,924.07 TOTALS366,351.32$ 4,780.07$ 371,131.39$ 11,652.74$ 29,303.06$ 412,087.19$ TOTAL PAYROLL412,087.19$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYMay 10, 2024Page 48 of 49 ACCOUNTS PAYABLE DATE FY 24 Manual City Check Register - FY 24 (Pages 1 - 2)05/17/2024 495.00$ City Check Register - FY 24 (Pages 3 - 18)05/28/2024 545,240.58 SUB-TOTAL:545,735.58$ FY 25 Manual City Check Register - FY 25 (Page 19)05/15/2024 5,270.00$ Manual City Check Register - FY 25 (Pages 20 - 27)05/17/2024 7,542.00 Manual City Check Register - FY 25 (Pages 28 - 34)05/24/2024 6,614.03 City Check Register - FY 25 (Pages 35 - 47)05/28/2024 1,290,317.72 SUB-TOTAL:$1,309,743.75 Bi - Weekly (Page 48)05/10/2024 412,087.19$ SUB-TOTAL:412,087.19$ TOTAL DISBURSEMENTS:2,267,566.52$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, May 28, 2024 PAYROLL Page 49 of 49 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 2024-44 Bluestem Water Main Replacement – Design Engineering Agreement City Council – May 28, 2024 PW – 5/21/24 Moved forward to CC consent agenda. PW 2024-44 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed engineering agreement with EEI to prepare plans for the Bluestem water main replacement project. Background As part of the Lake Michigan water project, it is necessary to make internal system upgrades to improve the water flow throughout town. This project will replace a small section of 8” water main on Bluestem from Prairie Rose to McHugh with 16” water main. Currently, there is already 16” that serves the rest of Bluestem, goes through Autumn Creek, and back through Grande Reserve all the way to the Well 8 & 9 treatment plant. This plant is slated to become a receiving point for Lake Michigan, so this connection will allow us to flow more water to be able to distribute it throughout the system in a more efficient manner. I do not know for sure why the 16” wasn’t extended to McHugh where is transitions to a 12” when it was originally constructed in 2005, but I have an idea that it was to save the developer money by not running a 16” transmission main along Kennedy Rd. and an 8” main on Bluestem for the residential services. This engineering agreement is the typical engineering agreement for this type of work. EEI will provide all the engineering, management, and regulatory agency coordination to get this project bid out and awarded for a proposed flat fee of $56,985. This money is budgeted in the approved FY 25 budget in the water fund line item “Water Sourcing – DWC”. Recommendation Staff recommends approval of this agreement with EEI in the amount of $56,985. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: May 6, 2024 Subject: Bluestem Water Main Replacement Engineering Agreement UNITED CITY OF YORKVILLE BLUE STEM WATER MAIN IMPROVEMENTS PAGE 1 Bluestem Water Main Improvements United City of Yorkville Agreement for Professional Services – Design 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. Design Engineering services shall be provided as indicated on the Scope of Services on Attachment B. The Engineer shall work with the City to develop a contracting and bidding schedule consistent with available funding. All Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Environmental Protection Agency, 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 ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein an amount based on the Estimated Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for monthly based on the percentage of the project that is complete. The Fixed Fee amount for the Design Engineering is $56,985.00. The hourly rates for this project are shown in 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 UNITED CITY OF YORKVILLE BLUE STEM WATER MAIN IMPROVEMENTS PAGE 2 attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER 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, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER 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 Kane County, Illinois. G. Independent ENGINEER: ENGINEER 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 ENGINEER under this agreement shall be that of an independent ENGINEER. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The ENGINEER 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 ENGINEER 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 ENGINEER is an individual, the ENGINEER 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 UNITED CITY OF YORKVILLE BLUE STEM WATER MAIN IMPROVEMENTS PAGE 3 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The ENGINEER 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 ENGINEER (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 UNITED CITY OF YORKVILLE BLUE STEM WATER MAIN IMPROVEMENTS PAGE 4 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 ENGINEER 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 ENGINEER 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 ENGINEER 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: ENGINEER 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 ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER 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 the 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) UNITED CITY OF YORKVILLE BLUE STEM WATER MAIN IMPROVEMENTS 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 Attachment D: Location Map Attachment E: Anticipated Project Schedule Attachment F: 2024 Standard Schedule of Charges Attachment G: IEPA Professional Services Contract Clauses Attachment H: USEPA / WIFIA Professional Services Contract Clauses 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 Angela R. Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. MAY 2024 PAGE 1 ATTACHMENT A – 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. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. 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. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. ENGINEERING ENTERPRISES, INC. MAY 2024 PAGE 2 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 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 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’ 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 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 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. UNITED CITY OF YORKVILLE BLUESTEM WATER MAIN IMPROVEMENTS PAGE 1 Bluestem Water Main Improvements – Design Engineering United City of Yorkville, IL Attachment B – Scope of Services The United City of Yorkville requires Design Engineering services to replace approximately 716 feet of existing 8” water main with 16” water main along Bluestem Drive between McHugh Road and Prairie Rose Lane. A map of the project location can be found in Attachment D of this proposal. The following list of work items establishes the scope of engineering services for this project: DESIGN ENGINEERING: 2.1 Project Management and Administration • Management of Personnel and the Engineering Contract • Budget Tracking • Coordination with the City and Subconsultants (Rubino Engineering) 2.2 Project Meetings • Project Kick-Off Meeting Between the City and EEI • One (1) Design Progress Meeting Between the City and EEI prior to Bidding 2.3 Topographic Survey & Easements • Field Survey • Drafting to Create Base File 2.4 Utility Coordination • Design JULIE • Plan Submission and Coordinate with Private Utilities 2.5 Final Plans, Specifications and Estimates • Preparation of 60%, 90%, and 100% Engineering Plans • Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions. • Internal QA/QC 2.6 Regulatory Agency Coordination and Permitting • Prepare IEPA Construction Permit Application and Acquire Permit • Coordination with Other Regulatory Agencies as Required 2.7 Bidding and Contracting Services • Prepare Bidders List and Ad for Bid • Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN • Address Bid Questions and Prepare Addenda • Attend Bid Opening UNITED CITY OF YORKVILLE BLUESTEM WATER MAIN IMPROVEMENTS PAGE 2 • Prepare Bid Tab, Bid Summary, and Recommendation of Award • Execute Contract Documents DIRECT EXPENSES The following scope of services will be provided by EEI’s subconsultant: Geotechnical and CCDD (Rubino Engineering, Inc.) • One (1) Soil Boring 10’ in depth • Prepare Geotechnical Report and CCDD Analysis • Prepare LPC 662/663 Permit EXCLUSIONS The above scope of services does not include the following: • Property Negotiations • Environmental Surveys • Sewer Televising • Easements The above scope 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 EEI’s Standard Schedule of Charges (Attachment F) in affect at the time the extra work is performed. ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2420-P PROJECT TITLE DATE PREPARED BY Bluestem Water Main Improvements ROLE PIC SPM PM SPE 1 SPM SPT2 ST CM SPT1 ADMIN RATE $246 $241 $210 $186 $234 $175 $168 $175 $164 $70 DESIGN ENGINEERING 2.1 Project Management and Administration - - 12 2 - - - - - - 14 2,892$ 2.2 Project Meetings 2 - 4 6 - - - - - - 12 2,448$ 2.3 Topographic Survey & Easements - - - - 9 19 - - - - 28 5,431$ 2.4 Utility Coordination - - 3 9 - - - - - - 12 2,304$ 2.5 Final Plans, Specifications, and Estimates - - 18 68 - - - 20 64 - 170 30,424$ 2.6 Regulatory Agency Coordination and Permitting - - 4 10 - - - - - - 14 2,700$ 2.7 Bidding and Contracting 1 - 8 10 - - - - - 5 24 4,136$ Design Engineering Subtotal:3 - 49 105 9 19 - 20 64 5 274 50,335$ 3 - 49 105 9 19 - 20 64 5 274 50,335 EEI STAFF PIC Principal In Charge -$ SPM Senior Project Manager 100$ PM Project Manager 6,550$ SPE 1 Senior Project Engineer I DIRECT EXPENSES =6,650$ SPT 2 Senior Project Technician II SPT 1 Senior Project Technician I ST Senior Technician 50,335$ ADMIN Adminstrative Assistant 50,335$ 56,985$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: KDW4/25/24 COSTTASK NO.TASK DESCRIPTION HOURS DIRECT EXPENSES TOTAL COSTS Mileage = Printing = Geotechnical/CCDD = EEI Labor Expenses = TOTAL LABOR EXPENSES LABOR SUMMARY GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( Ke n n e d y McHughB lu e ste m Wi ld IndigoFairhaven Prairie RoseChristy Hayden SwitchgrassLexingtonConeflowerPrairie M e a d o w s Prairie Clover Hayden Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 Le gend !(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 WATER IMPROVEMENT LIMITS BLUESTEM DRWATER MAIN IMPROVEMENTSLOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: APRIL 2024 YO2420 YO2420_Bluestem Dr Water Main Replacement. MXD H:\GIS\PUBLIC\YORKVILLE\2024\ MJT ³ 800 0400 Feet ATTACHMENT E: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2420-P PROJECT TITLE DATE PREPARED BY Bluestem Water Main Improvements KDW MAY JUN JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR DESIGN ENGINEERING 2.1 2.2 2.3 2.4 2.5 2.6 2.7 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting Bidding and Contracting Project Management and Administration Project Meetings Topographic Survey Utility Coordination TASK NO.TASK DESCRIPTION 4/25/24 20252024 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $246.00 Principal E-3 $241.00 Senior Project Manager E-2 $234.00 Project Manager E-1 $210.00 Senior Project Engineer/Surveyor II P-6 $200.00 Senior Project Engineer/Surveyor I P-5 $186.00 Project Engineer/Surveyor P-4 $168.00 Senior Engineer/Surveyor P-3 $155.00 Engineer/Surveyor P-2 $140.00 Associate Engineer/Surveyor P-1 $127.00 Senior Project Technician II T-6 $175.00 Senior Project Technician I T-5 $164.00 Project Technician T-4 $153.00 Senior Technician T-3 $140.00 Technician T-2 $127.00 Associate Technician T-1 $111.00 GIS Technician II G-2 $125.00 GIS Technician I G-1 $114.00 Engineering/Land Surveying Intern I-1 $ 82.00 Executive Administrative Assistant A-4 $ 77.00 Administrative Assistant A-3 $ 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 20.00 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 $ 225.00 Expert Testimony $ 275.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2024 ATTACHMENT G IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES Audit and Access to Records Clause: A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this agreement shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. C. All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. D. The final audit report shall include the written comments, if any, of the audited parties. E. Records shall be maintained and made available during performance of project services under this agreement and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Covenant Against Contingent Fees: The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Certification Regarding Debarment, Suspension and Other Responsibility Matters: Form EPA 5700-49 is signed and attached as part of Attachment G. USEPA Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. USEPA Fair Share Percentage Clause: The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs”. United States Environmental Protection Agency Washington, D.C. 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public: (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name and Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. May explanation is attached. EPA FORM 5700-49 (11-88) EPA Project Control Number ATTACHMENT H SUPPLEMENTARY USEPA / WIFIA PROFESSIONAL SERVICES CONTRACT CLAUSES ECONOMIC AND MISCELLANEOUS AUTHORITIES DEBARMENT AND SUSPENSION AND PROHIBITIONS RELATING TO VIOLATIONS OF CWA AND CAA WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR LOANS Debarment and Suspension. Contractor certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 2 CFR part 180 and part 1532 (per Executive Order 12549, 51 FR 6370, February 21, 1986) or who is prohibited under Section 306 of the Clean Air Act or Section 508 of the Clean Water Act to participate in the [Project]. Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement. NEW RESTRICTIONS ON LOBBYING Federal Lobbying Restrictions (31 U.S.C 1352). Recipients of federal financial assistance may not pay any person for influencing or attempting to influence any officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress with respect to the award, continuation, renewal, amendment, or modification of a federal grant, loan, or contract. These requirements are implemented for USEPA in 40 CFR Part 34, which also describes types of activities, such as legislative liaison activities and professional and technical services, which are not subject to this prohibition. Upon award of this contract, Contractor shall complete and submit to the City the certification and disclosure forms in Appendix A and Appendix B to 40 CFR Part 34. Contractor shall also require all subcontractors and suppliers of any tier awarded a subcontract over $100,000 to similarly complete and submit the certification and disclosure forms pursuant to the process set forth in 40 CFR 34.110. 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 2024-45 Water Rate Analysis Proposal City Council – May 28, 2024 PW – 5/21/24 Moved forward to CC consent agenda. PW 2024-45 Majority Approval Please see the attached memo. Eric Dhuse / Rob Fredrickson Public Works / Finance Name Department Summary Approval of a proposed Professional Services Agreement with EEI for a water rate analysis. Background As discussed previously during the water rate deliberations (April 23rd) and the WIFIA bond authorization discussion (May 14th), Council will eventually need to adopt a multi-year water rate plan in order to close on the upcoming WIFIA loan. In order to develop a multi-year rate plan, the City will need to conduct a water rate analysis, funding for which has been included in the FY 2025 budget (estimated at $100,000 in Engineering Services line item within the Water Fund). Beyond the obvious reason of establishing a multi-year rate structure, the primary purpose of conducting a water rate analysis is to provide assurance to WIFIA, and other bond holders, that the City will meet its debt coverage requirements. As noted in the preceding paragraph, in order to close on the WIFIA loan and future bond issues for the DWC/Lake Michigan water sourcing project, the City must prove that revenues equal at least 125% of total debt service. If the revenues used to demonstrate coverage are projected and based on future rate increases, those increases must have already been approved by City Council. The multi-year rate plan can be adjusted up or down, depending on actual future water sale revenues; however, the projections must be made by an outside firm, not related to the City or the bond/WIFIA loan issuance. This analysis will not only consider the DWC connections and infrastructure, but it will also include our internal improvements such as the water main replacement program and water meter replacement along with ongoing operational and maintenance costs within the Water Fund. EEI’s proposed agreement outlines detailed work items, including progress meetings with City staff, which will ultimately culminate in a presentation to City Council. This is proposed as an hourly agreement and work is estimated to cost $88,900, which is $11,100 less than initially budgeted. The analysis will start as soon as the agreement is approved and is scheduled to wrap up early in 2025. Recommendation Staff recommends the approval of the proposed Professional Services Agreement for a Water Rate Analysis from EEI in the amount of $88,900. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works Rob Fredrickson, Finance Director Date: May 9, 2024 Subject: Water Rate Analysis Proposal UNITED CITY OF YORKVILLE WATER RATE STUDY PAGE 1 Water Rate Study United City of Yorkville Professional Services Agreement 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 engineering services for the preparation of the Water Rate Study. 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 ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: Contractor 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. The total contract amount shall be paid for on an hourly or actual basis in an estimated amount of $88,900. The hourly rates for this project are shown in the attached 2024 Standard Schedule of Charges (Attachment E). 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. E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER 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 UNITED CITY OF YORKVILLE WATER RATE STUDY PAGE 2 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, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER 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: ENGINEER 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 ENGINEER under this agreement shall be that of an independent contractor. ENGINEER 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). 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 UNITED CITY OF YORKVILLE WATER RATE STUDY PAGE 3 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 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. UNITED CITY OF YORKVILLE WATER RATE STUDY PAGE 4 I. Indemnification: ENGINEER 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 ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER 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 the 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 attachments. Except for those terms included on the attachments, 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 Attachment D: Anticipated Project Schedule Attachment E: 2024 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: UNITED CITY OF YORKVILLE WATER RATE STUDY PAGE 5 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, PE Mayor Chief Operating Officer / President ___________________________ __________________________ Jori Behland Angie Smith City Clerk Executive Assistant UNITED CITY OF YORKVILLE WATER RATE STUDY PAGE 6 STANDARD TERMS AND CONDITIONS Attachment A 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 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 UNITED CITY OF YORKVILLE WATER RATE STUDY PAGE 7 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 WATER RATE STUDY PAGE 8 Water Rate Study United City of Yorkville, IL Professional Services Agreement Attachment B – Scope of Services We propose to furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations, along with exhibits, cost estimates and narrative, and to review the existing capital improvement and maintenance plans, identify major deficiencies, and produce a written report recommending any necessary adjustments to the City’s water connection fee and water and sewer rate and fee structure. A listing of the activities and items to be covered and/or provided is as follows: PROJECT FACILITATION 1 Project Administration 2 Project Meeting No. 1 - Project Initiation Meeting (Internal and with City) 3 Coordinating Request for Information RATE ANALYSIS 4 Review of Background Info and Proposed CIP 5 Review Pumped and Billed Water for Last Five Years by Consumer Type 6 Preparing Population, Service Connections, and Water Use Projections 7 Inventory Water Facilities (Wells, WTPs, Pump Stations, Storage Tanks) 8 Review Reserve Policy for the Water Funds 9 Internal Progress Meeting - Preparation and Attendance 10 Project Meeting No. 2 - Progress Meeting with City Staff 11 Review Costs of Lake Michigan Supply Improvements - Internal 12 Review Costs of Lake Michigan Supply Improvements - Commission 13 Review Costs of Lake Michigan Connection Improvements - NRW 14 Coordinate/Confirm Best Available Future DWC Rates 15 Coordinate with Spear/Stantec on Bond Payments for Lake Michigan Imp. 16 Assemble CIP costs and WM Replacement 17 Review and Update Maintenance Schedules and Costs, Prepare 5, 20 yr Projections 18 Project NRW Cost Impacts 19 Evaluation of Historical Revenues and Project Future Water Revenues 20 Evaluation of Historical Expenses and Project Future Water Expenses 21 Internal Progress Meeting - Preparation and Attendance 22 Project Meeting No. 3 - Progress Meeting with City Staff - Revenues and Expenses 23 Review Unincorporated to Incorporated Rate Ratio 24 Develop Base Service Charge and Rate Options (Maximum of 5) 25 Develop Base Service Charge/Rate Comparisons 26 Preparation for Progress Meeting No. 4 With City Staff UNITED CITY OF YORKVILLE WATER RATE STUDY PAGE 9 27 Internal Discussion Regarding Rate Options 28 Revisions to Rate Options Based on Internal Comments 29 Internal Progress Meeting - Preparation and Attendance 30 Project Meeting No. 4 - Progress Meeting with City Staff - Rate Options 31 Revisions to Rate Options Based on City Comments REPORT & PRESENTATION 32 Prepare Draft Report For City For Review 33 Prepare Draft Presentation For City Staff Review 34 Internal Progress Meeting - Preparation and Attendance 35 Project Meeting No. 6 - Review Draft Report and Presentation With City Staff 36 Finalize Report 37 Finalize Presentation 38 Project Meeting No. 7 - City Board/Committee Presentation & Final Report Submittal NOTES: 1. The following work items are excluded from the project scope of this study: a. A review of the capacity of all existing Water Works System Facilities for current and future water use, b. Sanitary and storm sewer revenues, expenses, and rate analysis. The above scope summarizes the work items that will be completed for this contract. All work items are not known at this time and will only be completed upon direction from City staff when necessary. Additional work items, shall be considered outside the scope of the base contract and will be billed in accordance with the Standard Schedule of Charges (Attachment D). ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO24XX PROJECT TITLE DATE PREPARED BY Water Rate Study ROLE PIC PM PE PE PE SR TECH ADMIN PERSON BPS MLP EMC DRA RATE $246 $241 $168 $70 PROJECT FACILITATION 1 Project Administration 4 4 964$ 2 Proj. Mtg No. 1 - Project Initiation Meeting (Internal and with City) 2 6 6 14 2,946$ 3 Coordinating Request for Information 2 1 6 9 1,741$ Project Facilitation Subtotal: 4 11 12 - - - - 27 5,651$ RATE ANALYSIS 4 4 4 8 1,636$ 5 2 6 8 1,490$ 6 4 8 12 2,308$ 7 2 4 6 1,154$ 8 Review Reserve Policy for the Water Funds 1 1 2 409$ 9 Internal Progress Meeting - Preparation and Attendance 2 2 2 6 1,310$ 10 Proj. Mtg No. 2 - Progress Meeting with City Staff 2 4 4 10 2,128$ 11 Review Costs of Lake Michigan Supply Improvements - Internal 2 2 4 8 1,646$ 12 Review Costs of Lake Michigan Supply Improvements - Commission 2 2 4 8 1,646$ 13 Review Costs of Lake Michigan Connection Improvements - NRW 2 2 4 8 1,646$ 14 Coordinate/Confirm Best Available Future DWC Rates 2 4 4 10 2,128$ 15 2 4 12 18 3,472$ 16 Assemble CIP costs and WM Replacement 4 8 12 2,308$ 17 1 4 24 29 5,242$ 18 3 6 9 1,731$ 19 4 12 16 2,980$ 20 4 12 16 2,980$ 21 Internal Progress Meeting - Preparation and Attendance 2 2 2 6 1,310$ 22 4 2 2 8 1,802$ 23 Review Unincorporated to Incorporated Rate Ratio 1 2 6 9 1,736$ 24 Develop Base Service Charge and Rate Options (Maximum of 5)4 20 24 4,324$ 25 Develop Base Service Charge/Rate Comparisons 4 16 20 3,652$ 26 Preparation for Progress Meeting No. 4 With City 4 4 8 1,636$ 27 Internal Discussion Regarding Rate Options 2 2 2 6 1,310$ 28 Revisions to Rate Options Based on Internal Comments 2 4 6 1,154$ 29 Internal Progress Meeting - Preparation and Attendance 2 4 4 10 2,128$ 30 2 4 4 10 2,128$ 31 Revisions to Rate Options Based on City Comments 2 2 8 12 2,318$ Rate Analysis Subtotal: 30 84 191 - - - - 305 59,712$ REPORT & PRESENTATION 32 Prepare Draft Report For City For Review 4 8 36 48 8,960$ 33 Prepare Draft Presentation For City Staff Review 4 12 16 2,980$ 34 Internal Progress Meeting - Preparation and Attendance 2 2 2 6 1,310$ 35 Proj. Mtg No. 6 - Review Draft Report and Presentation With City 2 4 4 10 2,128$ 36 2 4 8 1 15 2,870$ 37 1 4 6 1 12 2,288$ 38 2 8 8 1 19 3,834$ Report and Presentation Subtotal: 13 34 76 - - - 3 126 24,370$ 47 129 279 - - - 3 458 89,733 EEI STAFF DIRECT EXPENSES BPS Bradley P. Sanderson, PE Printing/Scanning = 100$ MLP Michele L. Piotrowski, PE, MBA, LEED AP Mileage = EMC Emily M. Conti MJT Matthew J. Taylor DIRECT EXPENSES = 100$ DRA Deborah R. Anderson LABOR SUMMARY EEI Labor Expenses = 89,733$ TOTAL LABOR EXPENSES 89,733$ TOTAL COSTS 89,833$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Finalize Report Finalize Presentation Proj. Mtg. No. 7 - City Council Presentation & Final Report Submittal Project NRW Cost Impacts Evaluation of Historical Revenues and Project Future Water Revenues Evaluation of Historical Expenses and Project Future Water Expenses Proj. Mtg No. 3 - Progress Meeting with City Staff - Review Revenues and Expenses Proj. Mtg No. 4 - Progress Meeting with City Staff - Rate Options PROJECT TOTAL: MLP5/6/24 COSTTASK NO.TASK DESCRIPTION HOURS Review of Background Info And Proposed CIP Review Pumped and Billed Water For Last Five Years by Consumer Type Preparing Population, Service Connections, and Water Use Projections Inventory Water Facilities (Wells, WTPs, Pump Stations, Storage Tanks) Coordinate with Spear/Stantec on Bond Payments for Lake Michigan Improvements Review and Update Maintenance Schedules and Costs, Prepare 5, 20 yr Cost Projections ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO24XX PROJECT TITLE DATE PREPARED BY Water Rate Study MLP PROJECT FACILITATION 1 Project Administration 2 Project Meeting No. 1 - Project Initiation Meeting 3 Coordinating Request for Information RATE ANALYSIS 4 Review of Background Info And Proposed CIP 5 Review Pumped and Billed Water For Last Five Years by Consumer Type 6 Preparing Population, Service Connections, and Water Use Projections 7 Inventory Water Facilities (Wells, WTPs, Pump Stations, Storage Tanks) 8 Review Reserve Policy for the Water Funds 9 Internal Progress Meeting - Preparation and Attendance 10 Project Meeting No. 2 - Progress Meeting with City Staff 11 Review Costs of Lake Michigan Supply Improvements - Internal 12 Review Costs of Lake Michigan Supply Improvements - Commission 13 Review Costs of Lake Michigan Connection Improvements - NRW 14 Coordinate/Confirm Best Available Future DWC Rates 15 Coordinate with Spear/Stantec on Bond Payments for Lake Michigan Imp. 16 Assemble CIP costs and WM Replacement 17 Review and Update Maintenance Schedules and Costs (5, 20 yr Proj) 18 Project NRW Cost Impacts 19 Evaluation of Historical Revenues and Project Future Water Revenues 20 Evaluation of Historical Expenses and Project Future Water Expenses 21 Internal Progress Meeting - Preparation and Attendance 22 Project Meeting No. 3 - Revenues and Expenses 23 Review Unincorporated to Incorporated Rate Ratio 24 Develop Base Service Charge and Rate Options (Maximum of 5) 25 Develop Base Service Charge/Rate Comparisons 26 Preparation for Progress Meeting No. 4 With City Staff 27 Internal Discussion Regarding Rate Options 28 Revisions to Rate Options Based on Internal Comments 29 Internal Progress Meeting - Preparation and Attendance 30 Project Meeting No. 4 - Rate Options 31 Revisions to Rate Options Based on City Comments REPORT & PRESENTATION 32 Prepare Draft Report For City For Review 40 Prepare Draft Presentation For City Staff Review 41 Internal Progress Meeting - Preparation and Attendance 42 Project Meeting No. 6 - Review Draft Report and Presentation 43 Finalize Report 44 Finalize Presentation 45 Project Meeting No. 7 - City Council Presentation 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com MAY TASK NO.TASK DESCRIPTION 2024 2025 JUN JUL AUG SEP OCT NOV 5/6/2024 DEC JAN FEB MAR APR EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $246.00 Principal E-3 $241.00 Senior Project Manager E-2 $234.00 Project Manager E-1 $210.00 Senior Project Engineer/Surveyor II P-6 $200.00 Senior Project Engineer/Surveyor I P-5 $186.00 Project Engineer/Surveyor P-4 $168.00 Senior Engineer/Surveyor P-3 $155.00 Engineer/Surveyor P-2 $140.00 Associate Engineer/Surveyor P-1 $127.00 Senior Project Technician II T-6 $175.00 Senior Project Technician I T-5 $164.00 Project Technician T-4 $153.00 Senior Technician T-3 $140.00 Technician T-2 $127.00 Associate Technician T-1 $111.00 GIS Technician II G-2 $125.00 GIS Technician I G-1 $114.00 Engineering/Land Surveying Intern I-1 $ 82.00 Executive Administrative Assistant A-4 $ 77.00 Administrative Assistant A-3 $ 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 20.00 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 $ 225.00 Expert Testimony $ 275.00 ATTACHMENT E - STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2024 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 2024-35 Liquor Code Amendment – Water Parks City Council – May 28, 2024 CC – 5/14/24 Council approved the amendment to the liquor code ordinance and approved an amendment to the proposed ordinance. CC 2024-35 None Informational Please see the attached memo. Jori Behland Administration Name Department Summary Adding the approved amended language to the Ordinance Amending Title 3, Chapter 3 of the Code of Ordinances Creating a New Liquor License Class and Fee for Water Parks. Background This item was thoroughly discussed and reviewed at the May 14th City Council meeting. The Council approved the liquor code amendment at that meeting by adding a new liquor class for water parks. Prior to the approval of the new liquor class, the Council also approved an amendment to the proposed ordinance requiring wristbands to purchase or consume beer, wine, and liquor on the park grounds. The amended language has been added to Title 3, Chapter 3, Section 4, Subsection (A)(4) of the Code of Ordinances by adding the following requirements to the water park liquor class: d. No beer, wine, or liquor shall be sold or served to anyone not wearing a wristband provided by the water park. No beer, wine, or liquor shall be consumed on the premises without wearing a wristband provided by the water park. Wristbands will only be provided to individuals twenty-one years or older who present a valid driver’s license or state identification card. For your convenience and reference, please find attached the redline version of the Ordinance and a clean final version, ready for implementation. Recommendation This is an informational item. Memorandum To: City Council From: Jori Behland, City Clerk CC: Bart Olson, City Administrator Date: May 28, 2024 Subject: Liquor Code Amendment – Water Parks Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING TITLE 3, CHAPTER 3 OF THE CODE OF ORDINANCES CREATING A NEW LIQUOR LICENSE CLASS AND FEE 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 section 5/4-1 of the Liquor Control Act of 1934, as amended, (235 ILCS 5/1-1 et seq.) the Mayor and City Council have the power to determine the number, kind and classification of liquor licenses and the regulations for the sale of alcoholic beverages; and in addition pursuant to its powers to protect the public’s health, welfare and safety this Ordinance is hereby adopted. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 3, Section 3-3-1 of the Code of Ordinances of the City is hereby amended by adding the following definition for a water park: H. Water park: A water park is an amusement park that has a minimum of ten (10) total acres that features water play areas such as swimming pools, water slides, splash pads, water playgrounds, and lazy rivers, as well as areas for floating, swimming, and other aquatic recreation. Section 2. That Title 3, Chapter 3, Section 4, Subsection (A)(4) of the Code of Ordinances of the City is hereby amended by adding the following new classification for a liquor license: WP - Water Parks. a. Authorizes a licensee to sell beer, wine, and liquor for consumption on the premises within designated areas of the water park approved by the City Liquor Control Commissioner. Ordinance No. 2024-____ Page 2 b. The sale and consumption of beer, wine, and liquor are permitted between the hours of 10:00 a.m. to 6:00 p.m. (unless otherwise extended by the City Liquor Control Commissioner at his discretion) c. Beer, wine, and liquor are to be served in non-glass containers only. c.d. No beer, wine, or liquor shall be sold or served to anyone not wearing a wristband provided by the water park. No beer, wine, or liquor shall be consumed on the premises without wearing a wristband provided by the water park. Wristbands will only be provided to individuals twenty-one years or older who present a valid driver’s license or state identification card. Section 3. Title 3, Section 3-3-5, Subsection B of the Code of Ordinances of the City is hereby amended by adding the following to number 4 under said Subsection B: WP – Water Park ………………………………………………………… $1,050.00 Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication 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 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING TITLE 3, CHAPTER 3 OF THE CODE OF ORDINANCES CREATING A NEW LIQUOR LICENSE CLASS AND FEE 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 section 5/4-1 of the Liquor Control Act of 1934, as amended, (235 ILCS 5/1-1 et seq.) the Mayor and City Council have the power to determine the number, kind and classification of liquor licenses and the regulations for the sale of alcoholic beverages; and in addition pursuant to its powers to protect the public’s health, welfare and safety this Ordinance is hereby adopted. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 3, Section 3-3-1 of the Code of Ordinances of the City is hereby amended by adding the following definition for a water park: H. Water park: A water park is an amusement park that has a minimum of ten (10) total acres that features water play areas such as swimming pools, water slides, splash pads, water playgrounds, and lazy rivers, as well as areas for floating, swimming, and other aquatic recreation. Section 2. That Title 3, Chapter 3, Section 4, Subsection (A)(4) of the Code of Ordinances of the City is hereby amended by adding the following new classification for a liquor license: WP - Water Parks. a. Authorizes a licensee to sell beer, wine, and liquor for consumption on the premises within designated areas of the water park approved by the City Liquor Control Commissioner. Ordinance No. 2024-____ Page 2 b. The sale and consumption of beer, wine, and liquor are permitted between the hours of 10:00 a.m. to 6:00 p.m. (unless otherwise extended by the City Liquor Control Commissioner at his discretion) c. Beer, wine, and liquor are to be served in non-glass containers only. d. No beer, wine, or liquor shall be sold or served to anyone not wearing a wristband provided by the water park. No beer, wine, or liquor shall be consumed on the premises without wearing a wristband provided by the water park. Wristbands will only be provided to individuals twenty-one years or older who present a valid driver’s license or state identification card. Section 3. Title 3, Section 3-3-5, Subsection B of the Code of Ordinances of the City is hereby amended by adding the following to number 4 under said Subsection B: WP – Water Park ………………………………………………………… $1,050.00 Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication 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 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 2024-44 Parks & Recreation Skid Steer Purchase Approval City Council – May 28, 2024 Majority Approval Please see attached. Tim Evans Parks and Recreation Name Department Subject Parks & Recreation Skid Steer Purchase Approval Background As part of the of the approved Fiscal Year 2025 City budget, the City designated $55,000 in Parks & Recreation capital funds for a new skid steer. There is a picture attached of the equipment piece. A skid steer, sometimes called a skid loader or wheel loader, is a compact, multipurpose piece of construction equipment often used for digging. It's maneuverable, lightweight and its arms can attach to different tools for various construction and landscaping jobs The current City owned unit is nearly ten years old and is past its useful life span. Staff is proposing to replace the current Takeuchi model with a similar unit. As part of this purchase process, the current unit would be used as a trade with a trade-in value of $27,000. The sales order is attached. Some of the benefits to purchasing a similar skid steer unit are as follows: a) Staff is already familiar with the daily operation and maintenance of this equipment model. b) It would also allow for a seamless use of several attachment pieces that have already been purchased for the current unit. c) McCann was the original dealer that the City used to purchase the current unit from and where staff purchases needed parts. d) Staff is very pleased with McCann services and it is located in Bolingbrook. The purchase process would consist of the following: 1) The New 2024 Takeuchi TL10V2-CRHRP Skid Steer purchase amount is $72,440. 2) Trade-In the 2015 Takeuchi TL8 Skid Steer in the amount of $27,000. 3) Use $45,440 of the $55,000 designated capital funds to pay the difference of the new purchase price, minus the trade in amount. Recommendation Staff seeks City Council approval to purchase in Takeuchi TL10V2-CRHRP Skid Steer in the sales price of amount of $72,440, with the City trading in the 2015 unit for $27,000 and using $45,440 of the Parks & Recreation Capital Funds to complete the purchase process. Memorandum To: Yorkville City Council From: Tim Evans, Director of Parks and Recreation CC: Bart Olson, City Administrator Date: May 16, 2024 Subject: Parks & Recreation Skid Steer Purchase Approval Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE PURCHASE OF A SKID STEER FROM McCANN INDUSTRIES, INC., IN AN AMOUNT NOT TO EXCEED $45,440 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 City’s Municipal Code provides that the City may approve contracts for supplies and equipment that have not been competitively bid by a two-thirds affirmative vote of the City Council; and WHEREAS, the City’s current skid steer is past its useful lifespan at nearly 10 years old and the City has therefore determined the skid steer is in need of replacement; and WHEREAS, the City has $55,000 set aside in the Fiscal Year 2025 budget for the purchase of a skid steer; and WHEREAS, McCann Industries, Inc. (the “Supplier”), an Illinois corporation, is a supplier of construction equipment, and has provided the City with a quote (the “Quote”), attached hereto and incorporated herein as Exhibit A; and WHEREAS, pursuant to the provisions of the Quote, the Supplier has offered to accept the City’s current skid steer at a trade-in value of $27,000, and shall provide the City with a replacement skid steer for an amount not to exceed $45,440, after the trade-in value of the current skid steer has been deducted from the full price of a new skid steer; and WHEREAS, the City’s current skid steer was purchased from the Supplier, the City has a good relationship with the Supplier, and the Supplier is conveniently located for any potential future maintenance needs; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the health and safety of the City and its residents to waive the competitive bidding requirement and to authorize and approve the purchase of the skid steer from the Supplier in accordance with the provisions of the Quote. 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. In consideration of the foregoing recitals, the City Administrator is hereby authorized and directed to proceed with the purchase of the skid steer, as described in the Quote, from McCann Industries, Inc. Resolution No. 2024-____ Page 2 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 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 PLEASE SEE REVERSE SIDE FOR TERMS AND SIGNATURE PAGE 1 OF 2 CUSTOMER/PURCHASER NAME CUSTOMER NUMBER ORDER DATE D/B/A ACCOUNT MANAGER CUSTOMER PO # STREET ADDRESS WRITTEN BY CUSTOMER JOB # CITY STATE ZIP COUNTY CELL PHONE BUSINESS PHONE BUSINESS FAX E-MAIL NO DELIVERY OF GOODS TO BE MADE UNTIL FULL SETTLEMENT IS RECEIVED DELIVERY TO BE MADE ON OR BEFORE OR AS SOON AS POSSIBLE DELIVERY ADDRESS (IF DIFFERENT FROM ABOVE)CITY, STATE ZIP QUANTITY YEAR HOURS MAKE, MODEL, DESCRIPTION SERIAL NUMBER CASH PRICE EACH ITEM NEW USED RENTAL $ $ $ $ $ SELLING PRICE $TRADE-IN EQUIPMENT TRADE-IN SHIP TO:Bolingbrook McHenry 6FKHUHUYLOOH TRANSPORTATION TO BE PAID BY:CUSTOMER MCCANN YEAR HOURS DESCRIPTION TRADE ALLOWANCE AMT OWING NET TRADE ALLOWANCE OWED TO WHOM NOTE # MAKE MODEL SERIAL# TOTAL TRADE ALLOWANCE Purchaser hereby bargains, sells and conveys unto Seller the above described Trade-In Equipment and warrants and certifies it to be free and clear of liens, encumbrances, and security interests except as shown above. OTHER FEES 1. SELLING PRICE $ 1. Doc Fees $ 2. TRADE ALLOWANCE (per above) $ 2. License & Title $3. NET PRICE (1-2) $ 3. Extended Service Contract $ 4. LOCAL SALES TAX $ 4. Physical Damage Insurance $ . FREIGHT City Rate $5. Total Other Fees (1+2+3+4) $ . OTHER FEES (per left column)$ . TOTAL PRICE (3+4+5+6)$ RENTAL CREDIT CALCULATION 1. # Months . CASH WITH ORDER $2. Monthly Rental Rate $ . RENTAL CREDIT (per left column)$3. Total Rental (1x2) $ 1. BALANCE ON DELIVERY (--)$4.% Credit Granted If purchased within: TERMS:CASH ON DELIVERY0-30 days……..100% applied RETAIL INSTALLMENT CONTRACT (Terms Subject to Credit Approval) If retail contract, indicate desired length of contract years 31-60 days………90% applied 61 & after………..85% applied %5. Rental Credit (3x4) $ ALL TERMS SUBJECT TO CREDIT APPROVAL (48,30(176$/(625'(5 .$028172:,1*$ If retail contract, indicate desired interest rate 1RWLILFDWLRQLVKHUHE\SURYLGHGWKDW0F&DQQLQGXVWULHV,QFKDVDVVLJQHGWRDTXDOLILHGLQWHUPHGLDU\LWVULJKWVWRVHOODQ\UHQWDODVVHWVOLVWHG ZLWKLQWKLVGRFXPHQWDVSDUWRIDOLNHNLQGH[FKDQJH /.(([FKDQJH7UDQVDFWLRQ Ryan Horner UNITE008 5/8/2024 United City of Yorkville 062 800 GAME FARM ROAD JRB Yorkville IL 60560 Kendall 630 553 4370 rhorner@yorkville.il.us X 2024 5+/-Takeuchi TL10V2-CRHRP High Flow TBD Cab w Heat & A/c, Hyd Coupler High Flow Aux Hyd w Elec. Lexon Door, ROPS & FOPS Protection 72" HD BOCE Bucket **24 Mo / 2000 Hr Full Machine Warranty** 72,440.00 72,440.00 2015 1800+/-Takeuchi TL8 HF 200801830 27,000.00 27,000.00 0.00 0.00 27,000.00 0.00 27,000.00 72,440.00 0.00 27,000.00 45,440.00 Exempt 0.00%0.00 0.00 0.00 45,440.00 0.000.00 0.00%45,440.00 0.00 ■ REV. 7/2007 PAGE 2 OF 2 ACCOUNT MANAGER:PURCHASER: (COMPANY) BY: DATE:BY: DATE:Authorized Signature Authorized Signature ACCEPTED: MCCANN INDUSTRIES, INC.NAME:TITLE: Print Name NOTICE TO PURCHASER Caution. Do not sign this contract before you thoroughly read both sides of it or if it contains blank spaces, even if otherwise advised. You are entitled to an exact and completely filled-in copy of this Contract when you sign it. Keep it to protect your legal rights. SALES AGREEMENT The Customer requests that McCann Industries, Inc. (“hereinafter referred to as “McCann”), sell, rent, loan, demo, service, and repair goods and equipment on account in consideration of which the Customer and McCann agree as follows: Payment for equipment is due at time of order and in no event shall equipment be delivered prior to full settlement. The Customer shall pay the full amount of any outstanding balance shown on the monthly statement within thirty (30) days of the invoice date. Should payment not be received by McCann according to the credit terms stated, the entire balance is considered in default and due for immediate payment. Customer agrees to pay a service charge on the outstanding balance for which payment has not been received according to terms stated. The service charge shall be a minimum of 1-1/2% per month of the Customer’s outstanding past due balance, after deducting current payments and credits. Such service charges shall become part of the Customer’s outstanding balance. Customer agrees to pay McCann a reasonable processing fee to cover any check returned by Customer’s bank as unpaid. If the Customer fails to pay pursuant to the terms of this agreement and McCann elects to take action to collect this Account, the Customer shall pay all costs incurred by McCann including, but not limited to: Attorney’s fees, collection agency fees, court costs, deposition and transcript costs, sheriff’s fees, special process server fees, expert witness fees and bond costs. THE CUSTOMER ASSIGNS AS SECURITY FOR ANY INDEBTEDNESS INCURRED OR TO BE INCURRED TO McCANN UNDER THIS ACCOUNT ALL OF THE CUSTOMER’S PRESENTLY OWNED AND EXISTING AND HEREAFTER ACQUIRED AND ARISING: ACCOUNTS, ACCOUNTS RECEIVABLE, CONTRACT RIGHTS, CHATTEL PAPER, EQUIPMENT, INVENTORY, AND ALL PROCEEDS OF THE FOREGOING COLLATERAL. CUSTOMER APPOINTS ANY REPRESENTATIVE OF McCANN AS CUSTOMER’S ATTORNEY-IN-FACT TO SIGN AND FILE A UCC-1 FINANCING STATEMENT TO PERFECT THE SECURITY INTEREST. THIS TRANSACTION SHALL BE GOVERNED BY THE LAW OF THE STATE OF ILLINOIS, AND JURISDICTION AND VENUE FOR THE HEARING FOR ANY MATTER IN DISPUTE SHALL BE WITH THE DUPAGE COUNTY CIRCUIT COURT OF ILLINOIS. Customer waives any right to a jury trial and any right to file a Counter-Claim in any action to enforce this agreement. At McCann’s sole discretion, any deposition will take place in DuPage County. Time is of the essence of this contract and if Customer fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewals hereof, or in the payment of interest or defaults in the payment of any installment due under any other indebtedness or contract held by the McCann or Assignee, or if proceedings are instituted against Customer under any bankruptcy or insolvency law or Customer makes an assignment for the benefit of creditors or if for any reason the McCann deems himself insecure and so declares all payments heretofore made by Customer shall be retained by the McCann and all indebtedness hereunder shall become immediately due and payable, with or without notice, together with all expenses of collection by suit or otherwise, including reasonable attorney fees and McCann may, without notice or demand, take possession of the equipment set forth on the reverse hereof, or any additions to, replacements of, or any proceeds from said equipment or may render the property unusable or McCann may require Customer to assemble the property and make it available at a place designated by McCann. McCann may resell the retaken property at public or private Sales in accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, other selling expenses including attorney fees and legal expenses, the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder, and Customer agrees to pay any deficiency upon demand by McCann, and surplus, however, shall be paid to Customer. Said retaking or repossession shall not be deemed rescission of the contract. McCann may exercise any other rights and remedies provided by applicable law. The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder’s rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof. The Customer acknowledges that it has special skill and knowledge in the selection and use of the equipment and material to be purchased, loaned, used for demo or rented from McCann and expressly disclaims any reliance upon any statements or representations made or to be made by McCann regarding the sale, rental, demo or repair of any material or equipment. The Customer also acknowledges that it is their responsibility to comply with the manufacturer’s instructions in regard to storage, preparation, mixing, and application of materials and expressly disclaims any reliance upon any statements or representations made or to be made by McCann regarding the materials. MCCANN MAKES NO WARRANTIES, EXPRESSED OR IMPLIED AS TO THE EQUIPMENT’S MERCHANTABILITY OF FITNESS FOR ANY PARTICULAR PURPOSE. The Customer also waives any liability upon McCann for any direct, special, or consequential damages that Customer may suffer. The exact manner in which this equipment will be used and the qualifications of the user and the equipment or lack of equipment of the user are beyond the control of the McCann, therefore McCann expressly disclaims any responsibility for Customer’s compliance or failure to comply with OSHA and/or other governmental safety or health regulations or standards. The Customer authorizes any of its employees it sends to McCann to deliver or pick up equipment or materials, for purchase, loan, demo, rental, or repair, to sign demo, rental or delivery receipts or repair orders for said equipment or materials and agrees to be bound by all the terms of said documents. If McCann’s employees assist in loading or unloading, the Customer agrees to assume the risk of, and hold McCann harmless from, any property damaged or personal injuries attributable to the negligence of McCann, including McCann’s employees. In the event the Customer directs McCann to deliver any material or equipment, and the Customer does not have a representative present at the time of delivery, the Customer authorizes McCann to leave the material and equipment at the designated place of delivery. Upon said delivery, the Customer will be responsible for said material and equipment. McCann’s use of a purchase order number is for Customer’s convenience and identification only. This agreement supersedes any inconsistent provision in any purchase order. Absence of a purchase order number shall not constitute grounds for non-payment of charges when the Customer has had possession, or the right to possession of the items charged. Customer agrees to inspect all material immediately upon delivery to verify: (a) the quantities described in the agreement are the quantities delivered and (b) there are no visible defects in the material. The Customer also agrees to examine all delivery tickets and invoices upon receipt. Unless the Customer gives McCann written notice by certified mail-return receipt requested within three (3) days of delivery, the&XVWRPHUZDLYHVDQ\FODLPKHPD\KDYH DJDLQVW0F&DQQIRUDQ\GHWHUPLQDEOHGHILFLHQF\RUGHIHFWLQVDLGGHOLYHU\SURGXFWRUUHSDLUDQGDQ\REMHFWLRQKHPD\KDYHWRWKHDPRXQWRIWKHLQYRLFH The Customer shall indemnify and hold McCann harmless against any and all claims, demands, liabilities, losses, damages, and injuries whatsoever kind or nature, and all attorney’s fees, costs and expenses relating to or in any way arising out of the ordering, acquisition, delivery, installation, possession, maintenance, use, operation, control, loss damage, destruction, return, surrender, sale or disposition of the material and/or equipment purchased, loaned, used for demo or rented from McCann. This indemnity shall not be affected by any termination of this agreement with respect to said materials and equipment. McCann shall be excused if delivery is delayed or rendered impossible by differences with workmen, strikes, work stoppages, car shortages, delays in transportation, inability to obtain labor or materials and also by any cause beyond the reasonable control of McCann, including but not restricted to acts of God, floods, fire, storm, acts of civil and military authorities, war and insurrections. The parties agree that this is the entire agreement and that no oral representation or agreement has been made which would modify this agreement or be a condition precedent or subsequent to the enforcement of this agreement and that this agreement may not be modified except by a writing signed by each of the parties. The invalidity of any portion of this agreement shall not be construed as a waiver thereof and shall not excuse Customer from strict performance. Customer authorizes McCann to insert the serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said equipment. Customer represents that he has read and has been afforded the opportunity to read the terms of this agreement and agrees to be boundby them. IT IS UNDERSTOOD THAT THIS IS THE ENTIRE AGREEMENT BETWEEN PARTIES AND IS SUBJECT TO ACCEPTANCE AT ADDISON, ILLINOIS. BASE WARRANTY ON EQUIPMENT Warranty coverage on the equipment covered by this order, if any, has been explained to purchaser. The warranty coverage is outlined below and indicated by the box checked. NEW CASE PRODUCT WARRANTY or qualified Case warranty WARRANTIES PROVIDED BY THE SELLER ON NEW CASE PRODUCTS SHALL BE GIVEN TO PURCHASER UNDER SEPARATE AGREEMENT, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED BY PURCHASER. NEW - Other manufacturer’s warranty USED - When the equipment covered by this order is used equipment, THE PURCHASER STATES THAT HE EXAMINED THE EQUIPMENT and is buying the equipment AS IS and with NO REPRESENTATIONS OF WARRANTIES unless otherwise stated in writing below. EXTENDED SERVICE CONTRACT Accept Decline $ Deductible Initial Initial Full Machine Power Train Power Train + Hydraulics Power Train + Electronics Hours MontKs purchased, the term of the extended service contract begins concurrently with the base warranty start date and ends with extended service contract expiration date or maximum hours (whichever comes first). PREVENTATIVE MAINTENANCE PACKAGE Accept Decline Quote Number Initial Initial YesPurchase Price $ Term: Years Hours Financed with Machine: No PREVENTATIVE MAINTENANCE PACKAGE SHALL BE GIVEN TO PURCHASER UNDER SEPARATE AGREEMENT, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED BY PURCHASER. PHYSICAL DAMAGE INSURANCE Accept Decline $ Deductible InitialInitial Premium Calculation:Selling Price of Equipment (excluding sales tax) X Monthly Rate X Number of Months =Total Premium $XX = $ 2000 24 0 Charles "JR" Boerner The United City of Yorkville 5/8/2024 5/8/2024 Account Number FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Description Projected Proposed Projected Projected Projected Projected Totals 25-225-60-00-6070 Vehicles $ 38,995 $ 94,000 $ 184,000 $ 52,000 $ 117,000 $ 155,000 $ 640,995 Pickup Truck 38,995 52,000 52,000 52,000 52,000 - 246,995 Pickup Truck - 42,000 52,000 - - - 94,000 Recreation Van - - 38,000 - - 45,000 83,000 Pickup Truck - - 42,000 - - - 42,000 Dump Truck - - - - 65,000 - 65,000 Utility Truck - - - - - 55,000 55,000 Utility Truck - - - - - 55,000 55,000 25-225-60-00-6060 Equipment $ 107,913 $ 219,000 $ 115,000 $ 135,000 $ 77,000 $ 41,000 $ 694,913 Mower 13,359 15,000 15,000 16,000 16,000 16,000 91,359 Scissor Lift 9,650 - - - - - 9,650 Generator 2,398 - - - - - 2,398 Backhoe 13,090 - - - - - 13,090 Skid Steer - 55,000 - - - - 55,000 Watering Trailer and Tank - 15,000 - - - - 15,000 Safety Barriers - 78,000 - - - - 78,000 Gator - - - 12,000 - - 12,000 Forrester Attachment - 31,000 - - - - 31,000 Wing Mower - - - 68,000 - - 68,000 Fork Truck - - 25,000 - - - 25,000 Miscellaneous Recreation Equipment 8,000 15,000 15,000 15,000 15,000 15,000 83,000 Utility Brush Mower - - - 8,000 - - 8,000 Replace Trash Cans 13,500 10,000 10,000 10,000 10,000 10,000 63,500 Trailer 8,127 - - 6,000 - - 14,127 Paint Sprayer - - - - 20,000 - 20,000 Mower 33,199 - - - 16,000 - 49,199 Preschool Cabinets 1,500 - - - - - 1,500 Lighting Detectors - - 50,000 - - - 50,000 Storage Containers 4,740 - - - - - 4,740 Traffic Cones 350 - - - - - 350 Park & Recreation Capital (25-225) - Vehicles / Equipment / Park Improvements Summary Account Number FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Description Projected Proposed Projected Projected Projected Projected Totals 25-225-60-00-6010 Park Improvements $ 417,332 $ 186,000 $ 160,000 $ 220,000 $ 185,000 $ 560,000 $ 1,728,332 Replace Turf - Baseball Outfields at Br - 15,000 15,000 15,000 15,000 15,000 75,000 Playgrounds - Rotary Park - 100,000 - - - - 100,000 Playgrounds - Sleezer Park 76,092 - - - - - 76,092 Playgrounds - Kiwanis Park 73,726 - - - - - 73,726 Playgrounds - Countryside Park 27,266 - - - - - 27,266 Playgrounds - Rice Park 80,751 - - - - - 80,751 Playgrounds - Prestwick Park 62,763 - - - - - 62,763 Riverfront Concrete Project - 25,000 - - - - 25,000 Playground Installation Carry Over from - 46,000 - - - - 46,000 Playgrounds - Cannonball Park - - 105,000 - - - 105,000 Playgrounds - Sunflower Park - - - 85,000 - - 85,000 Grande Reserve - Park C - - 40,000 - - - 40,000 Playgrounds - Bridge Park - - - 70,000 - - 70,000 Playgrounds - Raintree A Park - - - - 70,000 - 70,000 Playgrounds - Stepping Stones Park - - - - 100,000 - 100,000 Playgrounds - Bristol Bay Park - - - 50,000 - - 50,000 Playgrounds - Gilbert Park - - - - - 60,000 60,000 Playgrounds - Bristol Station Park - - - - - 125,000 125,000 Grande Reserve - Park F - - - - - 120,000 120,000 Grande Reserve - Park G - - - - - 120,000 120,000 Grande Reserve - Park H - - - - - 120,000 120,000 Countryside Shelter 38,000 - - - - - 38,000 Countryside Installation 43,734 - - - - - 43,734 Kiwanis Installation 15,000 - - - - - 15,000 Grand Totals $ 564,240 $ 499,000 $ 459,000 $ 407,000 $ 379,000 $ 756,000 $ 3,064,240 All purchases existing Vehicles and Equipment, unless noted otherwise (highlighted in blue). New additions. Park & Recreation Capital (25-225) - Vehicles / Equipment / Park Improvements Summary (continued) 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 2024-45 Selection of Mayor Pro Tem City Council – May 28, 2024 Mayor Purcell is requesting that Alderman Transier serve as Mayor Pro Tem for the Fiscal Year 2025. The motion has been drafted accordingly. Mayor John Purcell Name Department i i I I, i UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS i ORDINANCE NO , 2013-31 i AN ORDINANCE REGARDING CITY COUNCIL PROCEDURES C Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 16"' day of May, 2013 i i Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on May 22 , 2013 . i I i i Ordinance No. 2013- AN ORDINANCE REGARDING CITY COUNCIL PROCEDURES WHEREAS , the United City of Yorkville (the " City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970 ; and, i WHEREAS, the City Council of the United City of Yorkville first passed a Procedural Ordinance on November 8 , 2011 as Ordinance 2011 -65 , and revised said ordinance on April 24, 2012 as Ordinance 2012 -09 and again on October 9, 2012 as Ordinance 2012-33 ; and, WHEREAS , the City Council of the United City of Yorkville, in accordance with the Illinois Compiled State Statutes , has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City ordinance; and, WHEREAS , in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings ; and, WHEREAS , the City Council has discussed implementing additional procedures to supplement Roberts Rules of Order regarding City Council meetings and the four standing committees of the City Council — Administration, Economic Development, Public Safety and Public Works , NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows : Section I. Procedures for City Council Meetings : I a. City Council Meetings shall be regularly scheduled to convene on the 2°d and4th Tuesday of each month at 7 : 00 p .m. in the City Hall Council Chambers . I i Ordinance No. 2013 - 31 Page 2 b . Citizens in attendance at any meeting of the City Council shall be entitled to address the City Council on any agenda item prior to the Council ' s consideration of the Consent Agenda in order to permit the work of the City Council to proceed. Citizens shall be entitled to address the City Council on any matter immediately prior to adjournment. c . No application presented during a public hearing shall be voted on during the same City Council meeting in which that public hearing is held . This provision may be waived by a supermajority of the City Council . d. City Council meeting agenda items may be added by the Mayor, consent of four 4) aldermen, or direction from a committee . e. The Mayor shall preside over City Council meeting as the Chairman, unless the Mayor is unavailable, at which time the Mayor Pro Tem shall preside . f. The City Council shall appoint the Mayor Pro Tem at the first City Council meeting each May. The appointment shall occur by calling for open nominations at the meeting, and then a roll call votes on the nominations . i Section 2. Procedures for Committee Meetings : I a. Committee meetings shall be regularly held monthly, at the dates, times and I locations as approved by the Committees . b . The Mayor shall be a non-voting member of all standing committees . c . The Mayor shall select committee rosters at the first City Council meeting in May following a municipal consolidated election (i . e, every two years) . d . Committee rosters may be switched by mutual, unanimous consent of the aldermen trading seats and the Mayor. e. The Mayor shall select committee chairmen and vice-chairmen. Any alderman may add any agenda item to any committee agenda. g. Chairmen shall select liaisons to other organizations and boards by any means they deem necessary, provided that the other organizations by-laws may govern the selection of the liaison . h . The four committees shall be : i . Administration ii . Economic Development iii . Public Safety iv. Public Works j i . Each committee shall be presided over by its chairman, or in the absence of the chairman, the vice-chairman . I j . Committee meetings may be cancelled by the Chairman of the committee if there is a not a quorum of the members present, or there are no agenda items which require action by a committee. j Ordinance No. 2013 - 31 Page 3 k.When moving items from the committee agenda to a City Council agenda, the committee shall make a recommendation whether that item should be on consent agenda or the committee ' s report. If on the committee ' s report, the committee shall make a recommendation whether the item is up for first reading, or is on the City Council agenda for action. Section 3. This Ordinance shall be in full force and effect upon its passage, approval,I and publication as provided by law. i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this P Day of M 4 y A .D . 2013 , CITY CLERK CARLO COLOSIMO KEN KOCH V JACKIE MILSCHEWSKI T LARRY KOT JOEL FRIEDERS CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING I Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this C 1 Day of MIA A.D . 2013 . AV POW I Ordinance No . 2013- 3 Page 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 #4 Tracking Number CC 2024-46 Williams Group Redevelopment Agreement – Sale of Old Post Office City Council – May 28, 2024 Supermajority (6 out of 9) Approval Bart Olson Administration Name Department Summary Consideration of an ordinance selling the Old Post Office at 201 W Hydraulic to the Williams Group, acquisition of a parcel next to the Old Post Office by the City from the Williams Group, and a redevelopment agreement covering rehab of the Old Post Office building with a sales tax incentive agreement. Background The building at 201 W Hydraulic was purchased by the City from the US Postal Service in 2006 at $275,000. Since then, the building has been used primarily for various Parks and Recreation programming space. In anticipation of a future sale of the property, Parks and Recreation scaled back use of the facility for programming, and the last Parks and Recreation program in the space is scheduled through the end of June. After the completion of the Fox Republic Brewing space in the Bridge Street Plaza building, the Williams Group expressed interest in purchasing the 201 W Hydraulic building a few months ago. The Mayor and staff have been working on the details of a sale and redevelopment agreement of the space, reflected in the likely-final documents presented in the City Council packet. At time of packet creation, there was one final and unresolved discussion about the closing date and deadline for a building permit of the renovation of the building (which will be explained in detail below). There are three documents in the packet – the ordinance authorizing the real estate purchase and sale, the real estate purchase and sale agreement itself, and the agreement covering the redevelopment provisions of the entire deal. Effectively, these three documents would sell the building and property at 201 W Hydraulic to the Williams Group, acquire a 10,000 s.f. parcel from the Williams Group, and govern the redevelopment of the property in the following manner: 1) Page 1, Paragraph 1.2 of the Contract for Purchase and Sale of Real Estate a. As part of the sale of the Old Post Office to the Williams Group, the City will receive a ~10,000 square foot parcel to the east of the Old Post Office. This parcel is numbered 02-32-278-008 and will be used by the City to expand the public parking lot in the adjacent area to the east. 2) Page 2, Paragraph 2.1a of the Contract for Purchase and Sale of Real Estate Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: May 23, 2024 Subject: Sale of Old Post Office, exchange of property a. The purchase price for the Old Post Office will be set at $180,000, with $10,000 of earnest money due immediately. This purchase price reflects the inclusion of the property being sold by the Williams Group to the City (i.e. the City will not cut a check for purchase of the 10,000 s.f. lot). 3) Page 3, Paragraph 4.1 of the Purchase and Sale of Real Estate a. The expected latest closing date is September 30, 2024. This closing date deadline is not expected to change. 4) Page 2, Paragraph 2.2 of the Redevelopment Agreement a. On the 10,000 s.f. lot to be acquired by the City, the City agrees to pave and stripe a parking lot (estimated cost $50,000 to $100,000) on the property by 60 days from receiving a notice from the Williams Group that a tenant will be occupying the building. 5) Page 2, Paragraph 2.3 and 2.4 of the Redevelopment Agreement a. Within 60 days of the real estate closing and at the developer’s cost, the developer shall extend the watermain to their property. After the watermain extension is complete and at the City’s cost (estimated at less than $5,000), the City agrees to patch the street and sidewalk where the watermain extension occurred, subject to weather conditions and asphalt availability. 6) Page 2, Paragraph 3.1 of the Redevelopment Agreement a. The developer agrees to pull a building permit and start the rehab work on the building by December 31, 2024. This building permit deadline date is in final discussions between the City and the developer, and may change between packet creation (Thursday, May 23) and the City Council meeting (Tuesday, May 28). 7) Page 2, Paragraph 3.2 of the Redevelopment Agreement a. The developer agrees to invest between $100,000 and $415,000 on the property. 8) Page 3, Paragraph 4.1 and all subsections of the Redevelopment Agreement a. The City agrees to rebate 50% of the 1% normal sales tax on the property to the developer, up to a maximum of the amount actually spent on the redevelopment agreement or $415,000 (whichever amount is less) and further capped at 10 years from opening of the first tenant on the property Recommendation Staff recommends approval the ordinance and companion agreements on 201 W Hydraulic Ave. Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE APPROVING A REDEVELOPMENT AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND THE WILLIAMS GROUP, LLC WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the “Municipal Code”) (65 ILCS 5/1-1-1, et seq.); and WHEREAS, the City is engaged in the revitalization of its downtown commercial district which includes the property commonly known as 201 W. Hydraulic Avenue, identified by parcel index number 02-32-278-007 (the “Subject Property”) which is owned by the city and previously used as a daycare center operated by the City’s Department of Park and Recreation; and WHEREAS, the City receives a 1% municipal service and occupation tax (the “Tax”) from retail sales at businesses to which the Tax is applicable within the City’s corporate boundaries, including within the City’s downtown commercial district; and WHEREAS, the City has received a proposal from the Williams Group, LLC, an Illinois limited liability company (the “Developer”), to acquire and redevelop the Subject Property, which is improved with a single-story vacant building, and rehabilitate and repurpose the structure for commercial uses as permitted by its zoning classification of B2- Mixed Use Business District (the “Project”); and WHEREAS, the Mayor and City Council of the City (the “Corporate Authorities”) have determined that in order to induce the Developer to undertake the Project at the Subject Property, it is in the best interests of the City, and the health, safety, morals, and welfare of the residents of the City, for the City to reimburse the Developer a portion of the Tax generated from retail sales Ordinance No. 2024-____ Page 2 at the Subject Property for certain project costs, in accordance with the terms and conditions as set forth in the attached Redevelopment Agreement by and between the City and the Developer. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Redevelopment Agreement between the United City of Yorkville, Kendall County, Illinois and the Williams Group, LLC, attached hereto and made a part hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement on behalf of the City. Section 2. The Mayor and City Clerk are hereby authorized and directed to undertake any and all actions as may be required to implement the terms of said Redevelopment Agreement. Section 3. This Ordinance shall be in full force and effect immediately upon its passage by the Mayor and City Council 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 KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ Ordinance No. 2024-____ Page 3 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 1 REDEVELOPMENT AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND THE WILLIAMS GROUP, LLC THIS REDEVELOPMENT AGREEMENT (“Agreement”) is entered into as of the _______ day of _______________, 2024 (“Effective Date”) by and between the United City of Yorkville, Kendall County, Illinois, an Illinois municipal corporation (the “City”), and The Williams Group, LLC, an Illinois limited liability company (the “Developer”). In consideration of the mutual covenants and agreements set forth in this Agreement, the City and Developer hereby agree as follows: ARTICLE 1: RECITALS 1.1 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. 1.2 The City is engaged in the revitalization of its downtown commercial district which includes the property commonly known as 201 W. Hydraulic Avenue, identified by parcel index number 02-32-278-007 (the “Subject Property”) which is owned by the city and previously used as a daycare center operated by the City’s Department of Park and Recreation. 1.3 The City has the authority pursuant to the laws of the State of Illinois, to promote the health, safety, and welfare of its inhabitants, to prevent the spread of blight, to encourage private development in order to enhance the local tax base, to increase job opportunities, and to enter into contractual agreements with third parties for the purpose of achieving these purposes. 1.4 The Developer has submitted a proposal to the City to acquire and redevelop the Subject Property which is improved with a single story vacant building with approximately 5,000 square feet. The Developer proposes to rehabilitate and repurpose the structure for commercial uses as permitted by its zoning classification of B-2 Mixed Use Business District (the “Project”). 1.5 The Developer has advised the City that in order to acquire and redevelop the Subject Property, it shall require an estimated investment of approximately $100,000 to $415,000 and therefore it is not economically feasible to proceed without financial assistance due to the extraordinary costs to undertake the Project. 1.6 The City desires to sell the Subject Property to Developer for a price of $180,000 but only in accordance with the terms and conditions and receipt of the purchase price to be paid 2 as set forth in the Contract for Purchase and Sale of Property, attached hereto as Exhibit A (the “Contract”) because the City believes the Project shall increase the tax base for the City and taxing districts authorized to levy taxes upon the Subject Property; provide job opportunities for residents; improve the general welfare of the community; and, therefore, is prepared to reimburse the Developer for certain costs associated with the Project, subject to the terms of this Agreement. Terms used in this Agreement shall have the same meaning as the terms in the Contract. ARTICLE 2: MUTUAL UNDERSTANDINGS AND OBLIGATIONS 2.1 Upon approval of the Agreement by the parties hereto, the Contract shall be deemed to be approved as if it were fully restated herein. It is understood and agreed that a default under the Contract shall be deemed as a default of this Agreement; provided however, a default under the Contract shall not require a thirty (30) day prior written notice as required for a breach of this Agreement pursuant to Article 6. 2.2 The Developer agrees to convey the “Adjacent Property”, as defined in the Contract, to the City for use as a parking lot, which the City shall pave and stripe and the Developer agrees to construct an ADA walkway and stairs to the City’s parking lot on the permanent easement it intends to retain (collectively the “Parking Lot Project”). The Parking Lot Project shall be completed within sixty (60) days after receipt of notice from the Developer that a tenant shall commence occupation of the Subject Property, all as hereinafter provided. 2.3 Within sixty days of the Closing as stated in the Contract which shall occur on or before September 30, 2024, the Developer shall commence the installation of a water line to serve the Subject Property and the City agrees to patch the street and sidewalk upon completion of the water line installation by the Developer. 2.4 The Parking Lot Project and the patching of the street and sidewalk due to the installation of a water line shall be done to the extent weather permits and asphalt is available. ARTICLE 3: DEVELOPER OBLIGATIONS 3.1 On or before December 31, 2024 the Developer shall obtain all required permits and commence the redevelopment of the Subject Property to provide no less than 1,500 square feet of retail space. 3.2 The Developer covenants and agrees to invest no less than $100,000 nor more than $415,000 (the “Total Investment” ) to rehabilitate and redevelop the Subject Property, install the water line and construct the ADA walkway and stairs in addition to all costs of acquisition. Upon completion of the Project, the Developer shall deliver to the City all receipts, paid invoices and such documentation as needed to evidence the Developer’s Total Investment in the Subject 3 Property, which shall not include labor finished by the Developer. 3.3 The Developer covenants and agrees that the Project shall be completed in accordance with all applicable City Code and State laws within one year of issuance of permits and the City shall have issued a certificate of occupancy for the Subject Property. 3.4 The Developer covenants and agrees to pay all fines, fees, licenses, taxes (including real estate taxes) due or assessed upon the Subject Property throughout the term of this Agreement. ARTICLE 4. CITY OBLIGATIONS 4.1 Upon receipt of all paid invoices, receipts and other evidence of the Total Investment and so long as no event of default has occurred under the Contract or no notice of an event of default under this Agreement has been issued and remains outstanding, the City agrees to reimburse the Developer its Total Investment in the amount as evidenced by such paid invoices, receipts or other documentation but in no event for an amount exceeding of $415,000, subject to the following: (a) The City agrees to rebate to the Developer, 50% of the 1% municipal occupation and service tax generated from retail sales at the Subject Property in an amount not to exceed the Total Investment as documented pursuant to 3.2 until the first to occur: (i) reimbursement to the Developer of the Total Investment of 100,000 or r $415,000, whichever is less, as documented pursuant to 3.2; or (ii) ten (10) years from the date of the occupancy of a tenant at the Subject Property which occupancy must occur no later than one year from the date of Closing. (b) Reimbursement shall be made quarterly to the Developer of fifty percent (50%) of the amounts received from the Illinois Department of Revenue as generated from . the Subject Property. ARTICLE 5: REPRESENTATIONS, WARRANTIES, AND COVENANTS 5.1 Developer’s Representations, Warranties and Covenants. To induce the City to enter into this Agreement, Developer represents, covenants, warrants, and agrees that: (a) Recitals. All representations and understandings as set forth in Article 1 are true, complete, and accurate in all respects. 4 (b) Organization and Authorization. Developer is an Illinois limited liability company duly formed and existing under the laws of the State of Illinois authorized to do business in Illinois, and Developer has the power to enter into, and by proper action has been duly authorized to execute, deliver, and perform, this Agreement. Developer will do, or cause to be done, all things necessary to preserve and keep in full force and effect its existence and standing as a limited liability company authorized to do business in the State of Illinois for so long as Developer is developing and constructing the Project. (c) Non-Conflict or Breach. The execution, delivery, and performance of this Agreement by Developer, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement shall not conflict with or result in a violation or breach of any of the terms, conditions, or provisions of any offering or disclosure statement made, or to be made, on behalf of Developer, or any restriction, organizational document, agreement, or instrument to which Developer, or any of its partners or venturers, is now a party or by which Developer, or any of its partners or venturers, is bound, or constitute a default under any of the foregoing. Any claim of Conflict or Breach made by either party in this Agreement shall be subject to all enforcement and cure provisions provided in Article in this Agreement. (d) Pending Lawsuits. There are no actions at law or similar proceedings either pending or, to the best of Developer' s knowledge, threatened against Developer that would materially or adversely affect: i. The ability of Developer to proceed with the construction and development of the Subject Property; ii. Developer's financial condition; iii. The level or condition of Developer's assets as of the date of this Agreement; or iv. Developer' s reputation ARTICLE 6: ENFORCEMENT AND REMEDIES 6.1 Enforcement: Remedies. The parties may enforce or compel the performance of this Agreement, in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, subject to the cure provisions provided in 6.2 hereof. Notwithstanding the 5 foregoing, Developer agrees that it will not seek, and does not have the right to seek, to recover a judgment for monetary damages against the City or any elected or appointed officials, officers, employees, agents, representatives, engineers, consultants, or attorneys thereof, on account of the negotiation, execution, or breach of any of the terms and conditions of this Agreement. 6.2 Notice; Cure; Self-Help. In the event of a breach of this Agreement, the parties agree that the party alleged to be in breach shall have, unless specifically provided otherwise by any other provision of this Article 6, 30 days after notice of any breach delivered in accordance with Section 8.10 to correct the same prior to the non-breaching party's pursuit of any remedy provided for in this Section; provided, however, that the 30-day period shall be extended, but only (i) if the alleged breach is not reasonably susceptible to being cured within the 30-day period, and (ii) if the defaulting party has promptly initiated the cure of the breach, and (iii) if the defaulting party diligently and continuously pursues the cure of the breach until its completion. If any party shall fail to perform any of its obligations under this Agreement, and if the party affected by the default shall have given written notice of the default to the defaulting party, and if the defaulting party shall have failed to cure the default as provided in this Article, then, except as specifically provided otherwise in the following sections of this Article 6 and in addition to any and all other remedies that may be available either in law or equity, the party affected by the default shall have the right (but not the obligation) to take any action as in its discretion and judgment shall be necessary to cure the default. In any event, the defaulting party hereby agrees to pay and reimburse the party affected by the default for all costs and expenses reasonably incurred by it in connection with action taken to cure the default, including attorney’s fees and court costs. 6.3 Events of Default by Developer. Any of the following events or circumstances shall be an event of default by Developer with respect to this Agreement: (a) If any material representation made by Developer in this Agreement, or in any certificate; notice, demand to the City; or request made by the City in connection with any of documents, shall prove to be untrue or incorrect in any material respect as of the date made. (b) Default by Developer in the performance or breach of any material covenant contained in this Agreement concerning the existence, structure, or financial condition of Developer. (c) Developer's default in the performance or breach of any material covenant, warranty, or obligation contained in this Agreement or in the Contract. (d) The entry of a decree or order for relief by a court having jurisdiction in the premises in respect of Developer in an involuntary case under the federal 6 bankruptcy laws, as now or hereafter constituted, or any other applicable federal bankruptcy, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator, or similar official of Developer for any substantial part of its property, or ordering the winding-up or liquidation of its affairs and the continuance of any such decree or order un-stayed and in effect for a period of 60 consecutive days. There shall be no cure period for this event of default. (e) The commencement by Developer of a voluntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal bankruptcy, insolvency, or the consent by Developer to the appointment of or taking possession, by a receiver, liquidator, assignee, trustee, custodian, sequestrator, or similar official of Developer or of any substantial part of Developer' s property, or the making by any such entity of any assignment for the benefit of creditors or the failure of Developer generally to pay such entity's debts as such debts become due or the taking of action by Developer in furtherance of any of the foregoing. There shall be no cure period for this event of default. 6.4 Remedies for Default By Developer. (a) Subject to the provisions of this Agreement, in the case of an event of default by Developer, the City may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including proceedings to compel specific performance of Developer of its obligations under this Agreement or the Contract. (b) In case the City shall have proceeded to enforce its rights under this Agreement and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the City, then, and in every such case, Developer and the City shall be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of Developer and the City shall continue as though no such proceedings had been taken. 6.5 Indemnification by Developer: Agreement to Pay Attorneys' Fees and Expenses. Developer agrees to indemnify the City, and all of its elected and appointed officials, officers, employees, agents, representatives, engineers, consultants, and attorneys, against any and all claims that may be asserted at any time against any of such parties in connection with or as a result of (i) Developer's development, construction, maintenance, or use of the Subject Property; or (ii) Developer's default under the provisions of this Agreement. Such indemnification obligation, however, shall not extend to claims asserted against the City or any of the aforesaid parties in 7 connection with or as a result of : (i) the City's default under the provisions of this Agreement; or (ii) the act, omission, negligence or misconduct of the City or any of the aforesaid parties. If Developer shall commit an event of default and the City should employ an attorney or attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of Developer herein contained, Developer, on the City's demand, shall pay to the City the reasonable fees of such attorneys and such other reasonable expenses so incurred by the City, in the event the City is determined to the be prevailing party. 6.6 Events of Default by City. Any of the following events or circumstances shall be an event of default by the City with respect to this Agreement: (a) A default of any term, condition, or provision contained in any agreement or document relating to the Project (other than this Agreement), that would materially and adversely impair the ability of the City to perform its obligations under this Agreement, and the failure to cure such default within the earlier of 30 days after Developer's written notice of such default or in a time period reasonably required to cure such default or in accordance with the time period provided therein. (b) Failure to comply with any material term, provision, or condition of this Agreement within the time herein specified and failing to cure such noncompliance within 30 days after written notice from Developer of each failure or in a time period reasonably required to cure such default. (c) A representation or warranty of the City contained herein is not true and correct in any material respect for a period of 30 days after written notice to the City by Developer. If such default is incapable of being cured within 30 days, but the City begins reasonable efforts to cure within 30 days, then such default shall not be considered an event of default hereunder for so long as the City continues to diligently pursue its cure. 6.7 Remedies for Default by City. Subject to the provisions of this Agreement, in the case of an event of default by the City, the Developer may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including proceedings to compel the City's specific performance of its obligations under this Agreement; provided, however, no recourse under any obligation contained herein or for any claim based thereon shall be had against the City, its officers, agents, attorneys, representatives in any amount in excess of the specific sum agreed to be paid by the City hereunder, and no liability, right or claim at law or in equity shall be attached to or incurred by the City, its officers, agents, attorneys, representatives or employees in any amount in excess of specific sums agreed by the City to be 8 paid hereunder and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Agreement by the City. In the event any action is maintained by the City against Developer, and the City is found to the non-prevailing party, the City shall reimburse Developer for any costs and reasonable Attorney’s fees incurred in enforcing claim under this Agreement as the prevailing party. 6.8 Maintain Improvements in Good and Clean Condition: Developer shall maintain the Subject Property in reasonably good and clean condition at all times during the development by Developer of the Subject Property, which shall include promptly removing all mud, dirt, and debris that is deposited on any street, sidewalk, or other public property in or adjacent to the Subject Property by Developer or any agent of or contractor hired by, or on behalf of Developer and repair any damage to any public property that may be caused by the activities of Developer or any agent of or contractor hired by, or on behalf of, Developer. 6.9 Liability and Indemnity of City. (a) No liability for City Review. Developer acknowledges and agrees that (i) the City is not, and shall not be, in any way liable for any damages or injuries that may be sustained as the result of the City's review and approval of any plans or improvements or as a result of the issuance of any approvals, permits, certificates, or acceptances for the development or use of any portion of the Subject Properties or the improvements and (ii) the City's review and approval of any plans and the issuance of any approvals, permits, certificates, or acceptances does not, and shall not, in any way be deemed to insure Developer, or any of its successors, assigns, tenants, or licensees, or any third party, against violations or damage or injury of any kind at any time. (b) Hold Harmless and Indemnification. Developer shall hold harmless the City, and all of its elected and appointed officials, employees, agents, representatives, engineers, consultants, and attorneys from any and all claims that may asserted at any time against any of such parties in connection with (i) the City's review and approval of any plans or improvements or (ii) the City's issuance of any approval, permit or certificate. The foregoing provision, however, shall not apply to claims made against the City as a result of a City event of default under this Agreement, claims that are made against the City that relate to one or more of the City's representations, warranties, or covenants under Article 4 and claims that the City, either pursuant to the terms of this Agreement or otherwise explicitly has agreed to assume. 9 (c) Defense Expenses. Developer shall pay all expenses, including legal fees and administrative expenses, incurred by the City in defending itself with regard to any and all of the claims identified in the first sentence of Subsection (b) above. 6.10 No Implied Waiver of City Rights. The City shall be under no obligation to exercise rights granted to it in this Agreement except as it shall determine to be in its best interest from time to time. Except to the extent embodied in a duly authorized and written waiver of the City, no failure to exercise at any time any right granted herein to the City shall be construed as a waiver of that or any other right. 6.11 Force Majeure. Time is of the essence of this Agreement, provided, however, a party shall not be deemed in material breach of this Agreement with respect to any of its obligations under this Agreement on such party’s part to be performed if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, labor trouble (whether legal or illegal), civil disorder, weather conditions, failure or interruptions of power, restrictive governmental laws and regulations, condemnations, riots, insurrections, acts of terrorism, war, fuel shortages, accidents, casualties, floods, earthquakes, fires, acts of Gods, epidemics, quarantine restrictions, freight embargoes, acts caused directly or indirectly by the other party (or the other party’s agents, employees or invitees) or similar causes beyond the reasonable control of such party (“Force Majeure”). If one of the foregoing events shall occur or either party shall claim that such an event shall have occurred, the party to whom such claim is made shall investigate same and consult with the party making such claim regarding the same and the party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure. ARTICLE 7. TERM Term. This Agreement shall be in full force and effect upon its execution by the parties and terminate upon the first to occur: (i) the payment to the Developer of its Total Investment in the Subject Property not to exceed $415,000; or, (ii) ten years from the date of occupancy by a tenant but in no extent more than eleven years after the Closing. ARTICLE 8. NOTICES 8.1 Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be deemed delivered to the addressee thereof (a) when delivered in person on a business day at the address set forth below, or (b) on the third business day after being 10 deposited in any main or branch United States post office, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, at the address set forth below, or (c) by facsimile or email transmission, when transmitted to either the facsimile telephone number or email address set forth below, when actually received. Notices and communications to Developer shall be addressed to, and delivered at, the following addresses: With a copy to: The Williams Group, LLC 107 S. Bridge St. Yorkville, Illinois 60560 Attn: Edward L. Williams Boyd Ingemunson 759 W John Street, Suite A, Yorkville, Illinois 60560 Notices and communications to the City shall be addressed to and delivered at these addresses: With a copy to: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Attn: City Administrator Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Ste. 350 Naperville, IL 60563 Attn: Attorney Kathleen Field Orr FAX: (630) 682-0788 Email: kfo@ottosenlaw.com By notice complying with the requirements of this Section, each party shall have the right to change the address or addressee, or both, for all future notices and communications to such party, but no notice of a change of address or addressee shall be effective until actually received. ARTICLE 9. IN GENERAL 9.1 Amendments and Waiver. No modification, addition, deletion, revision, alteration, or other change to this Agreement shall be effective unless and until the change is reduced to writing and executed and delivered by the City and the Developer. No term or condition of this Agreement shall be deemed waived by any party unless the term or condition to be waived, the circumstances giving rise to the waiver and, where applicable, the conditions and limitations on the waiver are set forth specifically in a duly authorized and written waiver of such party. No waiver by any party of any term or condition of this Agreement shall be deemed or construed as a 11 waiver of any other term or condition of this Agreement, nor shall waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provisions of this Agreement. 9.2 No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made, or be valid, against the City or Developer. 9.3 Entire Agreement. This Agreement shall constitute the entire agreement of the Parties; all prior agreements between the Parties, whether written or oral, are merged into this Agreement and shall be of no force and effect. 9.4 Counterparts. This Agreement is to be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below their respective signatures, to be effective as of the Effective Date. United City of Yorkville Attest: By: __________________________ By: _____________________________ Mayor City Clerk Date: ___________________, 2024 The Williams Group, LLC By: __________________________ Date: ________________, 2024 1 CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE This Contract for Purchase and Sale of Real Estate ("Agreement") is entered into this _____ day of ___________ 2024, between the United City of Yorkville, Kendall County, Illinois ("Seller"), and The Williams Group, LLC, an Illinois limited liability company, ("Purchaser"). In consideration of the Purchase Price being paid by Purchaser to Seller, as is more fully described below, and for the other mutual covenants and agreements contained in this Agreement, the Parties agree as follows: Article I. Conveyance by Seller 1.1 Seller agrees to convey title to the property commonly known as 201 W. Hydraulic, Yorkville, Illinois, legally described on Exhibit A attached hereto (“Subject Property”) on the date that the Purchase Price (as defined Article 2.1 below) is paid and all other considerations called for by this Agreement have been satisfied by Purchaser, by recordable Warranty Deed, subject to the following exceptions ("Permitted Exceptions"): (a) Building setback lines and restrictions of record; (b) Zoning and building ordinances; (c) Public utility easements; (d) Covenants and restrictions of record as to use and occupancy; and (e) A permanent easement along the northern edge of the Subject Property as legally described in Exhibit B attached hereto. 1.2 The consummation of this transaction is expressly acknowledged and agreed to be contingent upon the Purchaser's conveyance to the seller of that certain property identified by parcel index number 02-32-278-008 (“Adjacent Property”) legally described in Exhibit C as a part of the Purchase Price, as hereinafter defined, in accordance with the terms and conditions set forth. Should Purchaser's conveyance of the Adjacent Property fail for any reason whatsoever to occur by the Closing Date, as hereinafter defined, then this Contract and each and every obligation of the Seller shall be null, void and of no further force and effect. 2 Article II. Purchase Price 2.1 Purchaser agrees to pay Seller as the Purchase Price the following: (a) One hundred eighty thousand dollars ($180,000) with an earnest money deposit of $10,000, the balance of which shall be due on the Closing Date set forth in 4.1 hereof by immediately available funds. (b) Conveyance of the Adjacent Property to the Seller is subject to: i. General taxes not due and payable; ii. Public utility easements; and iii. A permanent six foot easement along the west lot line of the Adjacent Property for the sole purpose of providing an ADA walkway and stairway to the parking lot servicing the Subject Property, legally described in Exhibit D attached hereto. Article Ill. Seller's Deliverables 3.1 Upon execution of this Agreement, Seller shall, with respect to the Subject Property, and the Purchaser shall with respect to the Adjacent Property make available to each other the following items: (a) An ALTA survey with an effective date that is no earlier than the Effective Date of this Agreement prepared in accordance with the standards for an ALTA/ ASCM survey; (b) Any and all zoning materials and documents in the possession of the Seller and Buyer respectively; (c) A title commitment issued by Chicago Title Company for the Subject Property from the Seller and a Title commitment from Chicago Title Company for the Adjacent Property from the Purchaser; (d) The most recent tax bills from the Purchaser relating to the Adjacent Property; and (e) Such other documents as the Seller and the Purchaser may reasonably request. 3 Article IV. Closing 4.1 The consummation of the transactions contemplated by this Contract (the "Closing") shall take place at the office of Chicago Title Company in Yorkville on or before September 30, 2024 (the "Closing Date"); 4.2 On the Closing Date, Seller shall deliver or cause to be delivered to Purchaser the following instruments, documents and other items pertaining to the Subject Property and the Purchaser shall deliver or cause to be delivered to the Seller the following instruments, documents and other items pertaining to the adjacent property: (a) A Warranty Deed executed by Seller and appropriately acknowledged/notarized, conveying good and indefeasible fee simple title to the Subject Property to Purchaser, subject only to the Permitted Exceptions; (b) A Warranty Deed executed by Purchaser and appropriately acknowledged/ notarized, conveying good and indefeasible fee sample title to the Adjacent Property to the Seller, subject only to permitted Exceptions; (c) An ALTA Owner's Policy of Title Insurance, issued by Chicago Title Company, insuring Purchaser and an Alta’s Owner’s Policy of Title Insurance insuring the Seller that each have good and indefeasible fee simple title to then respective properties, each in the amount $180,000, taking exception for only the Permitted Exceptions, together with all such affidavits, certificates, agreements or other documents as Chicago Title Company may require from Seller in order to issue the Owner's Title Insurance Policy; and (d) Such evidence of the authority of each Seller or the Purchaser to consummate the Closing as Chicago Title Company may reasonably require; (e) Real property transfer declarations from the Seller and the Buyer required by the jurisdiction(s) in which the Subject Property and the Adjacent Property are 4 located; (f) A closing statement executed by Seller and Purchaser in the form acceptable to Chicago Title Company; (g) Such other documents as Chicago Title Company may reasonably request; and 4.3 Closing Costs: Seller shall pay for the survey, title insurance premiums, if any and all recording and escrow charges, and costs to establish easement for the Subject Property. Purchaser shall pay for the survey and costs to establish any required easement, title insurance premiums, all recording and escrow charges for the Adjacent Property. 4.4 Prorations: All debts, liabilities and obligations of the Seller and the Purchaser with respect to the Subject Property and the Adjacent Property, respectively, except general real estate taxes not then due and payable, shall be paid when due and satisfied. General real estate taxes shall be prorated based upon one hundred and five percent (105%) of the last ascertainable taxes. Article V. Defaults 5.1 Default by Seller: In the event Seller shall default in its obligation to convey the Property to Purchaser in accordance with this Agreement for any reason except Purchaser's default or the permitted termination of this Contract by Seller and Purchaser, Purchaser may, as its sole and exclusive remedies for such default terminate this Agreement by written notice to Seller, in which event the Earnest Money Deposit, if any, shall be returned to Purchaser within ten (10) days after such termination. 5.2 Default by Purchaser: In the event Purchaser defaults in its obligation to purchase the Subject Property from Seller pursuant to this Contract as defaults in its obligations to convey the Adjacent Property to the Seller pursuant to this Contract and provided Seller is not in default, Seller shall have the right, as its sole and exclusive remedy for such default, to terminate this Agreement by written notice to Purchaser and Chicago Title Company, and upon any such 5 termination Chicago Title Company shall immediately deliver the Earnest Money Deposit, if any, to Seller as liquidated damages for such default. Article VI. Miscellaneous 6.1 Notices: Any notice to be given or to be served upon any party hereto in connection with this Contract must be in writing and may be given by certified or registered mail, facsimile transmission, the emailing of a PDF file, or by courier or other means. If given by certified or registered mail, the notice shall be deemed to have been given and received three (3) business days after a certified or registered letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail; and if given otherwise than by certified or registered mail, the notice shall be deemed to have been given when delivered to, or rejected/refused by, the party to whom it is addressed. Such notices shall be given to the parties hereto at the following addresses, or, if given by facsimile transmission or by email, at the following FAX numbers or email addresses: If to Purchaser, to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Mr. Bart Olson Email: Bolson@yorkville.il.us With a copy to: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 N. Naper Blvd., Ste. 350 Naperville, IL 60563 Attn: Attorney Kathleen Field Orr FAX: (630) 682-0788 Email: kfo@ottosenlaw.com 6 If to Seller, to: The Williams Group, LLC 1905 Marketview Drive, Suite 255 Yorkville, IL 60560 Attn: Edward H. Williams With a copy to: Boyd Ingemunson 759 W John Street, Suite A, Yorkville, Illinois 60560 Any party hereto may at any time, by giving five (5) days written notice to the other party hereto, designate any other address, FAX number or email address in substitution of the foregoing address to which such notice shall be given. 6.2 Entire Agreement: This Contract embodies and constitutes the entire understanding between the parties hereto with respect to the transactions contemplated herein, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Contract. 6.3 Modification: Neither this Contract nor any provision hereof may be waived, modified, amended, discharged or terminated except as provided herein or by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 6.4 Applicable Law: This Contract shall be governed by, and construed in accordance with, the laws of the state of Illinois. 6.5 Venue: Any dispute arising between the Parties pursuant to this Contract shall be filed in the Circuit Court for the 23rd Judicial Circuit, Kendall County, Illinois. 7 6.6 Headings: Descriptive headings are used in this Agreement for convenience only and shall not control, limit, amplify or otherwise modify or affect the meaning or construction of any provision of this Contract. 6.7 Binding Effect: This Contract shall be binding upon and shall inure to the benefit of the Parties hereto and their respective permitted successors and assigns. 6.8 Time of Essence: Time is of the essence of this Contract and of each covenant and agreement that is to be performed at a particular time or within a particular period of time. However, if the final date of any period which is set out in any provision of this Contract or the Closing Date falls on a Saturday, Sunday or legal holiday under the laws of the United States or of the State of Illinois, then the time of such period or the Closing Date, as the case may be, shall be extended to the next date which is not a Saturday, Sunday or legal holiday. As used herein, the word "day" or "days" mean calendar days, and the words "business day" or "business days" mean any day which is not a Saturday, Sunday or legal holiday under the laws of the United States or of the state of Illinois. 6.9 Invalid Provision: If any provision of this Contract is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Contract shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Contract; and the remaining provisions of this Contract shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provision or by its severance from this Contract. 6.10 No Third-Party Beneficiary: The provisions of this Agreement and of the documents to be executed and delivered at Closing are and will be for the benefit of Seller and Purchaser only and are not for the benefit of any third party, and accordingly, no third party shall have the right to enforce the provisions of this Agreement or of the documents to be executed and delivered at Closing. 8 6.11 Exhibits: The following exhibits attached hereto shall be deemed to be an integral part of this Agreement: (a) Exhibit A Legal Description of the Subject Property. (b) Exhibit B Legal Description of the Permanent Easement on the Subject Property; (c) Exhibit C Legal Description of the Adjacent Property (d) Exhibit D Legal Description of the Permanent Easement on the Adjacent Property 6.12 Termination of Contract: Notwithstanding anything seemingly to the contrary in this Contract, it is understood and agreed that if either Purchaser or Seller terminates this Contract pursuant to a right of termination granted hereunder, such termination shall operate to relieve Seller and Purchaser from all obligations under this Agreement. 6.13 Further Assurances: Each party shall, when requested by the other party hereto, cause to be executed, acknowledged and delivered such further instruments and documents as may be necessary and proper, in the reasonable opinion of the requesting party, in order to carry out the intent and purpose of this Contract; provided, however, this Section 6.13 shall not be construed to increase the economic obligations or liabilities of either party hereto. This Section shall survive Closing. 6.14 Effective Date: The "Effective Date" of this Contract, as such term is referenced herein shall mean the date on which both Seller and Purchaser shall have executed this Contract and delivered executed copies to the other. 6.15 Counterparts; Electronic Delivery: This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. A signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature 9 pages. This Agreement may be executed and delivered by facsimile or other electronic means, with the same force and effect as an original. 6.16 Legal Authority: The Parties also warrant that they have the legal authorization to enter into and sign this Agreement on behalf of themselves, their successors and assigns. Seller- United City of Yorkville By: ___________________________________ Its: ___________________________________ Date: _____________________ Purchaser – The Williams Group, LLC By: ___________________________________ Its: ___________________________________ Date: _____________________ i T`l # C' y tio Cyr o United City of Yorkville Memo T 800 Game Farm Road esr 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 LE Date:Date:January 31, 2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Cc: John Crois, City Administrator; Traci Pleckham, Finance Director Bart Olson, Deputy City Clerk/Intern Subject: Purchase Agreement for Old Post Office on Hydraulic We have reached agreement on the format for the Purchase Agreement for the Old Post Office on Hydraulic. Forming the agreement was somewhat complicated by the desire to use TIFF funds if possible for the acquisition. The language has now been worked out, with approval from our TIFF Attorney, Kathy Orr as well as agreement by the US Postal Service in Colorado. Just this week, the Postal Service has advised that another party may be able to bid unless they are assured that an agreement will be approved soon. I spoke with the Postal Service, and explained the reality of the Council agenda(next meeting for vote being February 141n). He asked for an agreement signed by the Mayor, and I explained that the Mayor's signature would not be binding upon the City, but only an indication of his approval of the document, itself. I went on to explain that this is similar to the familiar procedure of having staff shape the content of any agreement in advance of a council vote. He appreciated my explanation, and offered that such an agreement with cover letter from me would preserve the City's exclusive right to the building pending the Council's opportunity to vote on February 141n A copy of my letter and the agreement are attached for your review. Based upon the council's prior discussion, and the terms as set in the agreement, I recommend that this agreement be approved. clr© United City of Yorkville J County Seat of Kendall County 800 Game Farm Road EST 1` 1836 Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us LE January 31, 2006 Mr. Stephen Vera U.S Postal Service, etc Re: Yorkville Illinois Post Office on Hydraulic Street Dear Mr. Vera: Please find enclosed with this letter, a draft of the Agreement for Purchase which has been signed by the Honorable Arthur F. Prochaska, Jr., Mayor of the United City of Yorkville. As we discussed by telephone, Mayor Prochaska has signed this draft to indicate his approval of the form of the agreement— however, his signature is not binding upon the United City of Yorkville at this time. As I explained to you by telephone, the purchase of real estate requires the approval of the corporate authorities, and not the mayor acting alone. (See the enclosed Section 5/11-61-3 from the Illinois Municipal Code ) The City Council's next meeting will be held on February 14, 2006, at which time it will have its next available opportunity to vote on the purchase. Upon an affirmative vote in favor of the acquisition, the Mayor and City Clerk will sign a final draft of the Agreement and immediately forward it to you, along with the City's earnest money check in the sum of$5,500, as required by paragraph 2 of the Agreement. Pursuant to our telephone conversation, you have asked for the signed draft as an indication of the City's desire to enter into the purchase Agreement. This is also in furtherance of the Letter of Intent previously sent to you. On behalf of the City, the Mayor has indicated that he is happy to accommodate your request by sending the enclosed draft. I look forward to following up from this letter with you after the February 14th City Council meeting. Sincerely yours, John Justin Wyeth City Attorney Cc: Mayor and City Council Encl: UNITED STATES POSTAL SERVICE Agreement of Purchase and Sale The City of Yorkville, Illinois, an Illinois Municipal Corporation ("Buyer") hereby agrees to purchase the United States Postal Service, an independent establishment of the Executive Branch of the United States Government("Seller") Property described as follows: Legal description attached as Exhibit A ("Property") subject to the following terms and conditions. 1. Price. The purchase price will be $275,000.00. 2. Deposit. Upon acceptance of this Agreement by the Seller, Buyer will submit a deposit of 5,500.00 dollars (five-thousand-five-hundred-and-no/100's dollars), by certified or cashier's check made payable to the Escrow Agent identified in paragraph 12. Escrow Agent will hold this deposit in escrow by promptly placing the deposit in an interest-bearing bank account; Escrow Agent will provide the parties with all specific information concerning this account, including bank name, account number, etc. Escrow Agent will apply the deposit toward the purchase price at closing. Escrow Agent will return the deposit to Buyer if this Agreement is terminated pursuant to paragraphs 4, 5, or 12. Escrow Agent will forward the deposit to the Seller(at the Seller's option)upon any breach or default by Buyer pursuant to paragraph 16. 3. Execution Requirements. Buyer must attach to the Agreement of Purchase and Sale documentary evidence that establishes the authority of the person(s) executing the Agreement to bind the Buyer to the terms of this Agreement. As part of the attachment,Buyer must indicate how it operates; e.g., as an individual,partnership, or corporation. 4. Buyer's Contingency. This agreement will be conditioned upon creation of a downtown Tax Increment Finance (TIF) district including said property by June 30, 2005. If the TIF district has not been formed by this date,the Escrow Agent shall return the deposit to the Buyer and this agreement shall terminate. 5. Inspection and Condition of Property. a. Seller grants permission to Buyer and its agents to enter upon the Property, subject to notice to and approval by Seller, for sixty(60) calendar days after acceptance of this Agreement("Contingency Removal Date") to investigate every aspect of the condition and status of the Property, including,without limitation, consistency with zoning and use limitations, construction of the improvements, if any,the existence and/or availability of utility connections, soil and groundwater conditions,the presence of underground storage tanks and hazardous wastes or substances, and compliance or consistency with permits, approvals, and applications of or to governmental agencies in connection with the Rev.05/04 1 Property. After conducting any such inspection, Buyer, at its sole expense, shall restore the Property to the condition that it was in prior to the study unless Seller expressly permits otherwise. b. Buyer may revoke this Agreement for any reason until 5:00 p.m. on the Contingency Removal Date. After that time, Buyer will be deemed to accept the Property on an "as is where is" basis in every respect, without recourse, liability, or indemnification of any type from the Seller. In no event will a claim be allowed for price reduction or for rescission of the sale based upon the failure of the Property to correspond with the standard expected. The Seller makes no warranty or representation, express or implied, as to the Property's location, condition, size, description, compliance with laws, or its zoning or fitness for any purpose. Plans,title information, or other documents made available by the Seller are for information purposes only, and no express or implied warranty is made as to their accuracy. c. All reports, studies, and analyses, including environmental audits, ("Reports") obtained or prepared by Buyer relating to the Property shall be conspicuously labeled as a draft, and copies shall promptly be delivered to Seller. Prior to Closing,Buyer shall not disclose any Report to any party except pursuant to applicable statutory or regulatory requirements or the written consent of Seller,provided that Buyer may furnish a copy of the Reports, subject to this nondisclosure agreement,to Buyer's potential mortgagees or investors, or to any consultants who prepare or review a Report. If the sale under this Agreement does not close for any reason, Buyer shall promptly deliver all copies of the Reports to Seller,which shall become the exclusive property of Seller. d. Seller will provide notice to Buyer of any asbestos-containing building materials, underground storage tanks, or disposals or releases of hazardous or toxic contaminants or petroleum products, on or from the Property,which are known to Seller. All information and documents provided by Seller,which are without warranty of any kind whatsoever, are subject to the nondisclosure requirements of¶5.b, and all copies shall promptly be returned to Seller if the transaction under this Agreement fails to close for any reason. 6. Notices. Any notice required herein will be effective if given in writing and delivered personally, or sent by certified, registered, or USPS Express Mail,to the receiving party at the mailing addresses contained herein. Notice by the Seller of acceptance or rejection of the Agreement will be given within thirty(30) calendar days from the Agreement's date of receipt. Processing of the Buyer's deposit will not, in itself, constitute acceptance. Failure by the Seller to respond will constitute rejection. Buyer authorizes the Seller to obtain its credit history from a consumer or other credit-reporting agency, and understands that the information may be considered in the evaluation of this Agreement. 7. General Provisions. The Agreement of Purchase and Sale includes all terms and conditions of the transaction, and supersedes all oral negotiations and prior writings. The Agreement may only be modified by a written document signed by both parties. Any assignment by Buyer of an interest under the Agreement without the consent of the Seller will be void. Rights, interests, and obligations of the parties are binding on their successors and assigns. Rev.05/04 2 8. Title. The Property will be conveyed by Special Warranty Deed. Title will be subject to all existing easements,covenants, encumbrances, and interests of others, including, but not limited to, rights of way for streets, roads, highways,railroads,pipelines and public utilities,whether or not matters of public record,that are not objected to by Buyer by the Contingency Removal Date. The instrument of conveyance shall specify the Grantee as: City of Yorkville, Illinois, an Illinois Municipal Corporation 9. Personal Property and Fixtures. a. Seller's furnishings and equipment(lobby tables, chairs, file cabinets, etc.),unless affixed to the floor, wall or ceiling, shall be considered personal property not encompassed by this Agreement and shall be removed before Closing, unless the parties agree to a later date (such agreement shall not be unreasonably withheld by either parry). b. Fixtures, such as scissors lift, counters, and security systems, shall remain with the Property,unless specifically itemized for removal by exhibit. Notwithstanding the above, artwork(murals, sculptures, etc.),post office boxes, and facility identification shall be considered personal property of the Seller and may be removed before Closing, depending on the historic status of the facility, unless the Seller makes separate arrangements with the Buyer. 10. Other Provisions. a. If the Property, in whole or in part, contains wetlands or is located in a 100-year floodplain, the instrument of conveyance must reference same and state that the Property may be restricted in use pursuant to federal, state, or local wetland and/or floodplain regulations. 11. Risk of Loss before Closing. Except as caused by acts or omissions of Buyer, its employees, agents, or contractors,the Seller will remain liable until closing for damage or destruction to the Property caused by fire or other casualty,but will have no obligation to repair the building(s) or any part damaged or destroyed. If the Seller does not repair the Property to its prior condition,Buyer's sole remedy will be.a mutually agreed upon adjustment of the purchase price. If an adjustment cannot be agreed upon, either party may terminate this Agreement without liability. 12. Closing. The parties name Madison Title Agency(see Exhibit B) as Escrow Holder or Closing Agent("Escrow Agent"). Closing will occur on a mutually agreeable Closing Date,not later than June 30, 2006, or such longer period as may be agreed upon by the parties in writing; provided, in the event of any delay in completion of a replacement postal facility for use by Seller,the Closing Date shall automatically extend for a reasonable time period to enable Seller to maintain its full postal operations at the Property until the replacement facility is ready for occupancy,but in no event shall Closing be delayed beyond September 30, 2006. If Closing extends beyond aforesaid date, this contract will terminate and any deposit(s)returned to the buyer. At Closing,the Escrow Agent will wire the balance of the purchase price to: Rev.05/04 3 JPMORGAN CHASE BANK One Chase Plaza New York,NY 10081-0001 ABA No. 021000021 Account No. 323164455 Account Name USPS MISC Deposit Account REF: Balance of proceeds from sale of former Yorkville, IL,WO 168676-GOI,Randy Alder, 303-220-6547 and, at Buyer's option,provide the deed to Buyer or record the deed in accordance with local law. If the deed is provided to Buyer, Buyer must ensure that it is properly recorded, and provide the Seller with a copy of the recorded deed,within three(3)calendar days of the Closing Date. Buyer at Closing will assume possession of the Property. As of the Closing Date, Buyer will assume all obligations and liabilities of ownership, including,but not limited to, responsibility for maintenance, utility procurement and payments,taxes and assessments, and for personal injury,property damage, or loss or damage of any type relating to the Property. 13. Costs. a. Regardless of local convention, and except for one-half of the Escrow Agent's fee, Buyer agrees that the Seller will not be obligated to pay for any costs incurred relating to this transaction,including, but not limited to,title evidence/insurance and costs, property surveys, insurance of any kind, taxes, recording fees,or environmental assessments,which costs will not be credited towards the purchase price. b. Buyer warrants that no person or selling agency has been employed or retained to solicit or obtain this contract for a commission,percentage, brokerage, or contingent fee, except bona fide employees or bona fide, established commercial or selling agencies employed by the supplier for the purpose of obtaining business. c. For breach or violation of this warranty, Seller has the right to annul this contract without liability or to deduct from the contract price or otherwise recover the full amount of the commission,percentage, brokerage fee, or contingent fee. 14. Indemnification. Buyer will indemnify the Seller for all costs, loss, damage, liability, or claims of whatever nature (including costs for defending against such claims or in enforcing this indemnity) arising out of any acts or omissions by Buyer, its employees, agents, or contractors relating to this Property or transaction. 15. Governing Law. This Agreement shall be governed and interpreted in accordance with federal law. 16. Default. This provision does not limit any obligations or indemnities of the parties contained elsewhere in this Agreement. Rev.05/04 4 a. In the event the sale of the Property does not close as provided herein because of a default of Buyer, including the Buyer delaying closing for any reason unless the delay is agreed to in writing in advance by the Seller, Seller may terminate all rights of Buyer to purchase the Property, and Agent shall forward the Deposit to Seller, and Seller shall receive and retain the Deposit as liquidated and agreed upon damages as Seller's sole remedy for such default. Buyer and Seller understand the impracticality and difficulty of fixing Seller's actual damages in the event of such default, and that the parties thereforeagreethattheDepositrepresentsareasonableestimateoftheactualdamageswhich Seller would incur. b. In the event of default by Seller, Agent shall return the Deposit to Buyer. Under no circumstances shall Buyer be entitled to actual, special, or consequential damages, including,but not limited to, anticipated profits. IN WITNESS HEREOF,this seal is set this day of Corporate seal) CITY OF YORKVILLE,ILLINOIS By: Arthur Prochaska Jr. Title: Mayor Address: 800 Game Farm Road Yorkville,Illinois 60560 Phone: 630-553-4350 Fax: 630-553-7575 UNITED STATES POSTAL SERVICE Date: By: Randyl W. Alder Title: Contracting Officer Address: 160 Inverness Dr W Ste 400 Englewood CO 80112-5005 Phone: 303-220-6547 Fax: 651-406-5 814 Rev.05/04 5 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: The packet material was not complete at the time of packet creation. It will be distributed via a supplemental packet prior to the City Council meeting. 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 2024-47 Ordinance Authorizing the Acquisition of 121 East Van Emmon Street City Council – May 28, 2024 Supermajority (6 out of 9) Approval 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: 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 2024-41 2024 Local Road Program – Recommendation of Award City Council – May 28, 2024 PW – 5/21/24 Moved forward to City Council agenda. PW 2024-41 Majority Consideration of Contract Award Please see the attached memo. Brad Sanderson Engineering Name Department Bids were received, opened, and tabulated for work to be done on the 2024 Local Road Program at 10:00 a.m., May 13, 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. We recommend the acceptance of the Bid and approval of award be made to the low bidder, Builders Paving, LLC 4401 Roosevelt Road Hillside, IL 60162 in the total amount of $3,162,008.00. 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: May 13, 2024 Subject: 2024 Local Road Program Page 1 of 1 BID TABULATION ENGINEER'S ESTIMATE BUILDERS ASPHALT, LLC BIDS RECEIVED 10:00 A.M. 05/13/24 52 Wheeler Road 4401 Roosevelt Road Sugar Grove, IL 60554 Hillside, IL 60162 TOTAL BID $3,350,000.00 $3,162,008.00 BID BOND N/A X SIGNED BID N/A X ADDENDUM #1 N/A X D CONSTRUCTION, INC.GENEVA CONSTRUCTION 1488 S. Broadway P.O. Box 998 Coal City, IL 60416 Aurora, IL 60507 $3,188,857.04 $3,318,744.10 BID BOND X X SIGNED BID X X ADDENDUM #1 X X BID SUMMARY 2024 LOCAL ROAD PROGRAM UNITED CITY OF YORKVILLE ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS ENGINEER'S ESTIMATE BIDS REC'D 5/13/2024 52 Wheeler Road Sugar Grove, IL 60554 ITEM UNIT UNIT UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 PARTIAL DEPTH PATCHING (SPECIAL) SQ YD 1,172.0 30.00$ 35,160.00$ 30.00$ 35,160.00$ 27.00$ 31,644.00$ 30.00$ 35,160.00$ 2 HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINT SQ YD 439.5 30.00$ 13,185.00$ 0.01$ 4.40$ 10.00$ 4,395.00$ 15.00$ 6,592.50$ 3 HOT-MIX ASPHALT SURFACE REMOVAL, VARIABLE DEPTH TYPE 1 SQ YD 47,610.0 2.10$ 99,981.00$ 1.95$ 92,839.50$ 1.95$ 92,839.50$ 2.50$ 119,025.00$ 4 HOT-MIX ASPHALT SURFACE REMOVAL, VARIABLE DEPTH TYPE 2 SQ YD 55,005.0 2.85$ 156,764.25$ 2.30$ 126,511.50$ 2.20$ 121,011.00$ 2.75$ 151,263.75$ 5 HOT-MIX ASPHALT SURFACE REMOVAL, 1.5" SQ YD 7,800.0 1.85$ 14,430.00$ 1.50$ 11,700.00$ 1.75$ 13,650.00$ 2.25$ 17,550.00$ 6 HOT-MIX ASPHALT SURFACE REMOVAL, 3" SQ YD 6,700.0 3.20$ 21,440.00$ 3.00$ 20,100.00$ 2.85$ 19,095.00$ 3.50$ 23,450.00$ 7 BITUMINOUS MATERIALS (TACK COAT) POUND 77,280.0 0.01$ 772.80$ 0.01$ 772.80$ 0.01$ 772.80$ 0.10$ 7,728.00$ 8 HOT-MIX ASPHALT BINDER COURSE, IL-9.5 N50 TON 8,010.0 80.00$ 640,800.00$ 72.00$ 576,720.00$ 86.00$ 688,860.00$ 82.00$ 656,820.00$ 9 HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50 TON 9,900.0 80.00$ 792,000.00$ 74.50$ 737,550.00$ 86.00$ 851,400.00$ 82.00$ 811,800.00$ 10 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 9,530.0 36.00$ 343,080.00$ 46.48$ 442,954.40$ 48.00$ 457,440.00$ 45.00$ 428,850.00$ 11 SIDEWALK REMOVAL SQ FT 51,927.0 1.00$ 51,927.00$ 1.76$ 91,391.52$ 2.25$ 116,835.75$ 2.00$ 103,854.00$ 12 PORTLAND CEMENT CONCRETE SIDEWALK, 5 INCH SQ FT 53,065.0 10.25$ 543,916.25$ 9.57$ 507,832.05$ 9.15$ 485,544.75$ 9.75$ 517,383.75$ 13 DETECTABLE WARNINGS SQ FT 1,620.0 32.00$ 51,840.00$ 44.00$ 71,280.00$ 40.00$ 64,800.00$ 35.00$ 56,700.00$ 14 INLETS TO BE ADJUSTED EACH 138.0 538.00$ 74,244.00$ 467.50$ 64,515.00$ 400.00$ 55,200.00$ 450.00$ 62,100.00$ 15 INLETS TO BE RECONSTRUCTED EACH 2.0 611.00$ 1,222.00$ 1,650.00$ 3,300.00$ 1,600.00$ 3,200.00$ 1,500.00$ 3,000.00$ 16 MANHOLES TO BE ADJUSTED EACH 14.0 786.00$ 11,004.00$ 605.00$ 8,470.00$ 625.00$ 8,750.00$ 750.00$ 10,500.00$ 17 MANHOLES TO BE RECONSTRUCTED EACH 1.0 1,345.00$ 1,345.00$ 1,650.00$ 1,650.00$ 1,600.00$ 1,600.00$ 2,250.00$ 2,250.00$ 18 SANITARY MANHOLES TO BE ADJUSTED EACH 8.0 1,975.00$ 15,800.00$ 1,072.50$ 8,580.00$ 1,500.00$ 12,000.00$ 1,300.00$ 10,400.00$ 19 DOMESTIC WATER SERVICE BOXES TO BE ADJUSTED EACH 5.0 357.00$ 1,785.00$ 330.00$ 1,650.00$ 210.00$ 1,050.00$ 400.00$ 2,000.00$ 20 TYPE 1 FRAME, OPEN LID EACH 14.0 794.00$ 11,116.00$ 660.00$ 9,240.00$ 625.00$ 8,750.00$ 500.00$ 7,000.00$ 21 TYPE 1 FRAME, CLOSED LID EACH 5.0 817.00$ 4,085.00$ 990.00$ 4,950.00$ 625.00$ 3,125.00$ 500.00$ 2,500.00$ 22 TYPE 3 FRAME AND GRATE EACH 16.0 974.00$ 15,584.00$ 660.00$ 10,560.00$ 625.00$ 10,000.00$ 600.00$ 9,600.00$ 23 TYPE 6 FRAME AND GRATE EACH 5.0 1,113.00$ 5,565.00$ 1,100.00$ 5,500.00$ 625.00$ 3,125.00$ 600.00$ 3,000.00$ 24 THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLS SQ FT 213.2 5.00$ 1,066.00$ 6.33$ 1,349.56$ 5.00$ 1,066.00$ 5.00$ 1,066.00$ 25 THERMOPLASTIC PAVEMENT MARKING - LINE 4 " FOOT 6,294.0 0.85$ 5,349.90$ 1.27$ 7,993.38$ 0.85$ 5,349.90$ 0.75$ 4,720.50$ 26 THERMOPLASTIC PAVEMENT MARKING - LINE 6" FOOT 997.0 1.25$ 1,246.25$ 2.04$ 2,033.88$ 1.25$ 1,246.25$ 1.50$ 1,495.50$ UNITED CITY OF YORKVILLE Hillside, IL 60162 Aurora, IL 60507Coal City, IL 60416 GENEVA CONSTRUCTIOND CONSTRUCTION, INC. P.O Box 9981488 S. Broadway BID TABULATION 2024 LOCAL ROAD PROGRAM BUILDERS PAVING, LLC 4401 Roosevelt Road BID TABULATION ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS ENGINEER'S ESTIMATE BIDS REC'D 5/13/2024 52 Wheeler Road Sugar Grove, IL 60554 ITEM UNIT UNIT UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT UNITED CITY OF YORKVILLE Hillside, IL 60162 Aurora, IL 60507Coal City, IL 60416 GENEVA CONSTRUCTIOND CONSTRUCTION, INC. P.O Box 9981488 S. Broadway BID TABULATION 2024 LOCAL ROAD PROGRAM BUILDERS PAVING, LLC 4401 Roosevelt Road BID TABULATION 27 THERMOPLASTIC PAVEMENT MARKING - LINE 12" FOOT 240.0 2.50$ 600.00$ 3.65$ 876.00$ 2.50$ 600.00$ 3.00$ 720.00$ 28 THERMOPLASTIC PAVEMENT MARKING - LINE 24 " FOOT 131.0 5.00$ 655.00$ 6.33$ 829.23$ 5.00$ 655.00$ 4.00$ 524.00$ 29 SHORT TERM PAVEMENT MARKING FOOT 600.0 1.00$ 600.00$ 5.00$ 3,000.00$ 0.01$ 6.00$ 1.50$ 900.00$ 30 SHORT TERM PAVEMENT MARKING REMOVAL SQ FT 200.0 5.00$ 1,000.00$ 5.00$ 1,000.00$ 0.01$ 2.00$ 2.00$ 400.00$ 31 SIGN PANEL - TYPE 1 SQ FT 24.0 18.00$ 432.00$ 55.00$ 1,320.00$ 18.00$ 432.00$ 30.00$ 720.00$ 32 TELESCOPING STEEL SIGN SUPPORT FOOT 90.0 15.00$ 1,350.00$ 22.00$ 1,980.00$ 15.00$ 1,350.00$ 30.00$ 2,700.00$ 33 PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT SQ YD 50.0 125.00$ 6,250.00$ 77.00$ 3,850.00$ 115.00$ 5,750.00$ 90.00$ 4,500.00$ 34 BRICK PAVER REMOVAL AND RESET SQ FT 334.0 17.00$ 5,678.00$ 21.86$ 7,301.24$ 19.67$ 6,569.78$ 25.00$ 8,350.00$ 35 HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT SQ YD 1,097.2 40.00$ 43,888.00$ 29.00$ 31,818.80$ 40.50$ 44,436.60$ 45.00$ 49,374.00$ 36 BIKE PATH REMOVAL SQ FT 736.0 1.00$ 736.00$ 2.20$ 1,619.20$ 2.00$ 1,472.00$ 5.00$ 3,680.00$ 37 HOT-MIX ASPHALT BIKE REMOVAL AND REPLACEMENT SQ YD 51.4 35.00$ 1,799.00$ 30.00$ 1,542.00$ 39.00$ 2,004.60$ 45.00$ 2,313.00$ 38 SODDING. SPECIAL SQ YD 6,068.5 17.00$ 103,164.50$ 22.17$ 134,538.65$ 20.05$ 121,673.43$ 18.00$ 109,233.00$ 39 SUPPLEMENTAL WATERING UNIT 100.0 1.00$ 100.00$ 0.01$ 1.00$ 0.01$ 1.00$ 8.00$ 800.00$ 40 TRAFFIC CONTROL AND PROTECTION, SPECIAL L SUM 1.0 35,620.97$ 35,620.97$ 100,000.00$ 100,000.00$ 23,511.00$ 23,511.00$ 60,001.60$ 60,001.60$ 41 RAISED REFLECTIVE PAVEMENT MARKER REMOVAL EACH 4.0 25.00$ 100.00$ 10.00$ 40.00$ 20.00$ 80.00$ 100.00$ 400.00$ 42 ROUTING AND SEALING CRACKS FOOT 70,822.0 0.64$ 45,326.08$ 0.77$ 54,532.94$ 0.67$ 47,450.74$ 0.70$ 49,575.40$ TOTAL (Items 1 - 42) 3,162,008.00$ 3,188,857.04$ 3,318,744.10$ 3,350,000.00$ % BELOW/ABOVE ENGINEER'S ESTIMATE -5.61% -4.81% -0.93% ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS C A N N O N B A L L MCHUGHC O R N E I L S MAIN R I V E R SPRING FAXON K E N N E D Y JOHN ERICA PARKCENTERALICE VETERANS COUNTRYSIDEEDWARDROUTE 47OMAHAA L A N D A L E TUMA S O M O N A U KGAME FARMTERIKENDALL BEECHERHAYDENROUTE 34OAK FREEMONTBOOMBAHSUMACHEARTLAND KINGELM LILLIA N WALNUT WACKERLIBERTYBRIDGEISABELWESTERN RYANJACKSONSUNSETFAIRHAVEN GILLESPIE MARKETVIEWCOLTONKATEBRISTOLHOMESTEAD CARLY E L D E NLAUREN BLUESTEMCHURCHPLUMMCMURTRIEGRACEHIGH RIDGEWESTNORTHLANDBLACKBERRY SHORE BRUELLHUNT Q U IN S E Y PLEASURETWINLEAFLEISURE R E D B U D LANDMARKPRAIRIEIROQUOISCANYON PU RC ELL OLIVE BIRCHWOODCLEARWATERCROSSCONOVER TAUSHILLCREST NORTH WI LD I NDI GOBOOMERLEXINGTONC O M M E R C I A L HUNTER ARROWHEAD BRISTOL RIDGE SOUTH DEERPATH S H A D O W W O O D YELLOWSTONE G O L D E N R O D PRIVATE DRIVEPINEWOODCALEDONIAMID NIGHTIN DE P EN D EN CE MARKETPLACEGEORGEANNA PRAI RI E ROSES W A N S O N GROVELONGVIEWCATALPAW IN T E R B E R R Y DOVERH O N E Y S U C K LE CHRISTY RED TAIL MARTIN WHITE PLAINS DALTONMEADOWVIEW DAKOTASWI TCHGRASSHICKORYSTRAWBERRY PRAIRIE GRASSDICKSONPRAIRIE POINTE WOODWORTHLIL A C ANDREAP A T R I C I A AUBURN BEHRENS NADEN AMANDAOAKWOODREDWOOD SANDERSOVERLOOKMARIE TOWERCRIMSONFO NTA NA PALMERMENARD C O D Y WORSLEYJOHNSONCHARITYDENISE CONEFLOWERM U L H E R N MISTWOODCONCORDVICTORIA BLUEJAY AUT UMN CRE E KCARPENTER POWERSFA R M STEADBLACKBERRY LAKEVIEW ALEXANDRAAPPLETREE HIDDEN HOMES ESSEXHALEY PATRICKCORNELL C H E S H IR E HERITAGE W R I G L E Y ANDERSONP R AIRIE M E A D O W S WH E A T L A N D CR ES T WO OD I NDEPENDENCECENTER ROUTE 34 S O M O N A U K BRI DGEROUTE 34CALEDONIA VETERANS WESTV E T E R A N SPRIVATE DRIVEPRIVATE DRIVET UMAR O U T E 4 7 PRIVATE DRIVEROUTE 34BRIDGEPRIVATE DRI VEVETERANS PRI VATE DRI VEP R I V A T E D R I V E EXHIBIT 1LOCATION MAP DATE: PROJECT NO.: FILE: BY: APRIL 2024 YO2338 MJT PAVEMENT MANAGEMENTSYSTEM UPDATE 2024UNITED CITY OF YORKVILLE, ILLINOIS Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700www.eeiweb.com PATH:H:\GIS\PUBLIC\YORKVILLE\2023\YO2338\YO2338_2024 LOCATION MAP.MXD United City of Yorkville 651 Prairie Pointe Dr, Yorkville, IL 60560 N O R T H° YO2338_2024 Location Map Legend Project Limits CITYWIDE SIDEWALK REPAIR 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 2024-42 2024 Local Road Program – Construction Engineering Agreement City Council – May 28, 2024 PW – 5/21/24 Moved forward to City Council agenda. PW 2024-42 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed Construction Engineering Agreement from EEI for the 2024 Local Road Program Background The Local Roads Program (sometimes referred to as the subdivision cluster paving) is the accelerated paving of certain subdivisions that were all constructed in the early 2000’s and were all coming due for pavement at once. This is the first year of the program that is slated to take 3 years to complete. The subdivisions included in this year’s program are Blackberry North, Cannonball Hill, Cannonball Estates, Kylyn’s Ridge, and Heartland. This project also includes the annual sidewalk replacement program which will take place in a small portion of Countryside. At this time the project is slated to begin after the 4th of July and wrap up this fall. EEI is proposing an hourly Construction Engineering Agreement in the amount of $239,982 to manage this project. This includes layout of the project, on site observation, documentation, material inspection and testing, preparing and verifying pay requests, preparing punch lists, and closing out the project. This is a large project that needs daily oversight to be completed on time and on budget. This is budgeted in the approved FY25 budget in the City-Wide Capital portion of the budget in the RTBR- Subdivision paving line item. Recommendation Staff recommends approval of the construction engineering agreement with EEI for the 2024 Local Roads Program as presented. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: May 14, 2024 Subject: 2024 Local Road Program Construction Engineering Agreement UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM PAGE 1 2024 Local Road Program 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: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Construction Engineering for all roadways indicated on Attachment E will be provided. 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 Estimated Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for as an Hourly Rate in the amount of $239,982 The hourly rates for this project are shown in the attached 2024 Standard Schedule of Charges (Attachment E). 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. 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 UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM PAGE 2 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. 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. UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM PAGE 3 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 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 UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM PAGE 4 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 the 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 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 UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM PAGE 5 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: Estimated Schedule Attachment E: Location Map Attachment F: 2024 Standard Schedule of Charges UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM PAGE 6 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, PE Mayor Chief Operating Officer / President ___________________________ __________________________ Jori Behland Angie Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. ATTACHMENT A – MAY 2024 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. ATTACHMENT A – MAY 2024 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. UNITED CITY OF YORKVILLE, IL 2024 LOCAL ROAD PROGRAM PAGE 1 2024 Local Road Program United City of Yorkville, IL Professional Services Agreement - Construction Engineering Attachment B – Scope of Services CONSTRUCTION ENGINEERING: • Attend the Pre-Construction Meeting with the Contractor • Provide resident engineering for on-site observation • Daily documentation of work tasks and calculation of installed pay items • Monitor adherence to specifications • Gather material inspection and coordinate any required testing on behalf of the City • Provide guidance to the Contractor when questions arise during construction • Prepare/verify pay estimates • Gather invoices and waivers of lien from the Contractor • Provide information to residents as required • Perform punch list inspections, provide follow up inspections and recommend acceptance when appropriate • Communicate activity with City weekly or as required based on on-site activities • Prepare necessary closeout paperwork ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2408-P PROJECT TITLE DATE PREPARED BY 2024 Local Road Program - Construction Engineering ROLE PIC PM SPE 2 PE SPT 2 SPT 1 ADMIN PERSON RATE $246 $210 $200 $168 $175 $164 $72 CONSTRUCTION ENGINEERING 3.1 2 26 6 6 2 42 8,304$ 3.2 6 24 24 54 10,092$ 3.3 2 28 540 540 2 1,112 205,236$ Insert Task Subtotal:4 60 570 570 - - 4 1,208 223,632$ 4 60 570 570 - - 4 1,208 223,632 EEI STAFF DIRECT EXPENSES PIC Principal In Charage Printing/Scanning = -$ PM Project Manager Rubino (Material Testing) = 8,550$ SPE 1 Senior Project Engineer I Vehicle Charges ($65/day) = 7,800$ PE Project Engineer DIRECT EXPENSES =16,350$ SPT 2 Senior Project Technician II SPT 1 Senior Project Technician II LABOR SUMMARY ADMIN Adminstrative Assistant EEI Labor Expenses = 223,632$ TOTAL LABOR EXPENSES 223,632$ TOTAL COSTS 239,982$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: CJO5/13/24 COSTTASK NO.TASK DESCRIPTION HOURS Contract Administration Construction Layout Observation and Documentation ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2408-P PROJECT TITLE DATE PREPARED BY 2024 Local Road Program - Construction Engineering CJO JUN JUL AUG SEP OCT NOV DEC 3.1 3.2 3.3 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Observation and Documentation Construction Layout TASK NO.TASK DESCRIPTION 5/13/24 2024 Contract Administration C A N N O N B A L L MCHUGHC O R N E I L S MAIN R I V E R SPRING FAXON K E N N E D Y JOHN ERICA PARKCENTERALICE VETERANS COUNTRYSIDEEDWARDROUTE 47OMAHAA L A N D A L E TUMA S O M O N A U KGAME FARMTERIKENDALL BEECHERHAYDENROUTE 34OAK FREEMONTBOOMBAHSUMACHEARTLAND KINGELM LILLIA N WALNUT WACKERLIBERTYBRIDGEISABELWESTERN RYANJACKSONSUNSETFAIRHAVEN GILLESPIE MARKETVIEWCOLTONKATEBRISTOLHOMESTEAD CARLY E L D E NLAUREN BLUESTEMCHURCHPLUMMCMURTRIEGRACEHIGH RIDGEWESTNORTHLANDBLACKBERRY SHORE BRUELLHUNT Q U IN S E Y PLEASURETWINLEAFLEISURE R E D B U D LANDMARKPRAIRIEIROQUOISCANYON PU RC ELL OLIVE BIRCHWOODCLEARWATERCROSSCONOVER TAUSHILLCREST NORTH WI LD I NDI GOBOOMERLEXINGTONC O M M E R C I A L HUNTER ARROWHEAD BRISTOL RIDGE SOUTH DEERPATH S H A D O W W O O D YELLOWSTONE G O L D E N R O D PRIVATE DRIVEPINEWOODCALEDONIAMID NIGHTIN DE P EN D EN CE MARKETPLACEGEORGEANNA PRAI RI E ROSES W A N S O N GROVELONGVIEWCATALPAW IN T E R B E R R Y DOVERH O N E Y S U C K LE CHRISTY RED TAIL MARTIN WHITE PLAINS DALTONMEADOWVIEW DAKOTASWI TCHGRASSHICKORYSTRAWBERRY PRAIRIE GRASSDICKSONPRAIRIE POINTE WOODWORTHLIL A C ANDREAP A T R I C I A AUBURN BEHRENS NADEN AMANDAOAKWOODREDWOOD SANDERSOVERLOOKMARIE TOWERCRIMSONFO NTA NA PALMERMENARD C O D Y WORSLEYJOHNSONCHARITYDENISE CONEFLOWERM U L H E R N MISTWOODCONCORDVICTORIA BLUEJAY AUT UMN CRE E KCARPENTER POWERSFA R M STEADBLACKBERRY LAKEVIEW ALEXANDRAAPPLETREE HIDDEN HOMES ESSEXHALEY PATRICKCORNELL C H E S H IR E HERITAGE W R I G L E Y ANDERSONP R AIRIE M E A D O W S WH E A T L A N D CR ES T WO OD I NDEPENDENCECENTER ROUTE 34 S O M O N A U K BRI DGEROUTE 34CALEDONIA VETERANS WESTV E T E R A N SPRIVATE DRIVEPRIVATE DRIVET UMAR O U T E 4 7 PRIVATE DRIVEROUTE 34BRIDGEPRIVATE DRI VEVETERANS PRI VATE DRI VEP R I V A T E D R I V E DATE: PROJECT NO.: FILE: BY: APRIL 2024 YO2338 MJT Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700www.eeiweb.com PATH:H:\GIS\PUBLIC\YORKVILLE\2023\YO2338\YO2338_2024 LOCATION MAP.MXD United City of Yorkville 651 Prairie Pointe Dr, Yorkville, IL 60560 N O R T H ° YO2338_2024 Location Map Legend Project Limits CITYWIDE SIDEWALK REPAIR ATTACHMENT E LOCATION MAP 2024 LOCAL ROAD PROGRAM UNITED CITY OF YORKVILLE, ILLINOIS EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $246.00 Principal E-3 $241.00 Senior Project Manager E-2 $234.00 Project Manager E-1 $210.00 Senior Project Engineer/Surveyor II P-6 $200.00 Senior Project Engineer/Surveyor I P-5 $186.00 Project Engineer/Surveyor P-4 $168.00 Senior Engineer/Surveyor P-3 $155.00 Engineer/Surveyor P-2 $140.00 Associate Engineer/Surveyor P-1 $127.00 Senior Project Technician II T-6 $175.00 Senior Project Technician I T-5 $164.00 Project Technician T-4 $153.00 Senior Technician T-3 $140.00 Technician T-2 $127.00 Associate Technician T-1 $111.00 GIS Technician II G-2 $125.00 GIS Technician G-I 1 $114.00 Engineering/Land Surveying Intern I-1 $ 82.00 Executive Administrative Assistant A-4 $ 77.00 Administrative Assistant A-3 $ 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 20.00 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 $ 225.00 Expert Testimony $ 275.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2024 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 Work Committee #3 Tracking Number PW 2024-43 2025 Water Main Replacement Design Engineering Agreement City Council – May 28, 2024 PW – 5/21/24 Moved forward to City Council agenda. PW 2024-43 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed engineering agreement with EEI to prepare plans 2025 Water Main Replacement program. Background As part of the Lake Michigan water project, it is necessary to make internal system upgrades to improve our system and reduce our non-revenue water loss. This project will replace 7,700’ of cast iron with ductile iron water main which is required as part of our allocation. This agreement also includes funds for easements near the west end of W. Hydraulic Ave. to remove 2 dead ends and make a water main loop. We expect field work and design and permitting to take us through the end of the year with bidding to immediately follow just after the first of the year, and a contract awarded in early spring. This year, the contractor was able to begin work in March which worked out extremely well. I foresee that being the case next year as well. This does mean that the project will split fiscal years, beginning at the end of FY 25 and wrapping up halfway through FY 26. This engineering agreement is the typical engineering agreement for this type of work. EEI will provide all the engineering, management, and regulatory agency coordination to get this project bid out and awarded for a proposed flat fee of $318,720. This money is budgeted in the approved FY 25 budget in the water fund line item “Water Main Replacement Program”. Recommendation Staff recommends approval of this agreement with EEI in the amount of $318,720. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: May 6, 2024 Subject: 2025 Water Main Replacement Design Engineering Agreement UNITED CITY OF YORKVILLE 2025 WATER MAIN IMPROVEMENTS PAGE 1 2025 Water Main Improvements United City of Yorkville Agreement for Professional Services – Design 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. Design Engineering services shall be provided as indicated on the Scope of Services on Attachment B. The Engineer shall work with the City to develop a contracting and bidding schedule consistent with available funding. All Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Environmental Protection Agency, 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 ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein an amount based on the Estimated Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for monthly based on the percentage of the project that is complete. The Fixed Fee amount for the Design Engineering is $318,720.00. The hourly rates for this project are shown in 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 UNITED CITY OF YORKVILLE 2025 WATER MAIN IMPROVEMENTS PAGE 2 attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER 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, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER 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 Kane County, Illinois. G. Independent ENGINEER: ENGINEER 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 ENGINEER under this agreement shall be that of an independent ENGINEER. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The ENGINEER 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 ENGINEER 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 ENGINEER is an individual, the ENGINEER 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 UNITED CITY OF YORKVILLE 2025 WATER MAIN IMPROVEMENTS PAGE 3 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The ENGINEER 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 ENGINEER (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 UNITED CITY OF YORKVILLE 2025 WATER MAIN IMPROVEMENTS PAGE 4 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 ENGINEER 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 ENGINEER 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 ENGINEER 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: ENGINEER 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 ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER 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 the 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) UNITED CITY OF YORKVILLE 2025 WATER MAIN IMPROVEMENTS 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 Attachment D: Location Map Attachment E: Anticipated Project Schedule Attachment F: 2024 Standard Schedule of Charges Attachment G: IEPA Professional Services Contract Clauses Attachment H: USEPA / WIFIA Professional Services Contract Clauses 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 Angela R. Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. MAY 2024 PAGE 1 ATTACHMENT A – 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. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. 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. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. ENGINEERING ENTERPRISES, INC. MAY 2024 PAGE 2 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 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 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’ 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 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 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. UNITED CITY OF YORKVILLE 2025 WATER MAIN IMPROVEMENTS PAGE 1 2025 Water Main Improvements – Design Engineering United City of Yorkville, IL Attachment B – Scope of Services The United City of Yorkville requires Design Engineering services to replace approximately 8,815 feet of existing 8” and 12” water main along Adams St, State St, Main St, Morgan St, Van Emmon St, Madison St, Washington St, and Orange St. A map of the project location can be found in Attachment D of this proposal. The following list of work items establishes the scope of engineering services for this project: DESIGN ENGINEERING: 2.1 Project Management and Administration  Management of Personnel and the Engineering Contract  Budget Tracking  Coordination with the City and Subconsultants (Rubino Engineering) 2.2 Project Meetings  Project Kick-Off Meeting Between the City and EEI  One (1) Design Progress Meeting Between the City and EEI prior to Bidding 2.3 Topographic Survey & Easements  Field Survey  Drafting to Create Base File 2.4 Utility Coordination  Design JULIE  Plan Submission and Coordinate with Private Utilities 2.5 Final Plans, Specifications and Estimates  Preparation of 60%, 90%, and 100% Engineering Plans  Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions.  Internal QA/QC 2.6 Regulatory Agency Coordination and Permitting  Prepare IEPA Construction Permit Application and Acquire Permit  Coordination with Other Regulatory Agencies as Required (IDOT, Railroad) 2.7 Bidding and Contracting Services  Prepare Bidders List and Ad for Bid  Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN  Address Bid Questions and Prepare Addenda  Attend Bid Opening UNITED CITY OF YORKVILLE 2025 WATER MAIN IMPROVEMENTS PAGE 2  Prepare Bid Tab, Bid Summary, and Recommendation of Award  Execute Contract Documents DIRECT EXPENSES The following scope of services will be provided by EEI’s subconsultant: Geotechnical and CCDD (Rubino Engineering, Inc.)  Sixteen (16) Soil Boring 10’ in depth  Prepare Geotechnical Report and CCDD Analysis  Prepare LPC 662/663 Permit  Land Acquisition Services (2 Easements) EXCLUSIONS The above scope of services does not include the following:  Property Negotiations  Environmental Surveys  Sewer Televising The above scope 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 EEI’s Standard Schedule of Charges (Attachment F) in affect at the time the extra work is performed. ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2420-P PROJECT TITLE DATE PREPARED BY 2025 Water Main Improvements ROLE PIC SPM PM SPE 1 SPM SPT2 ST CM SPT1 ADMIN RATE $246 $241 $210 $200 $234 $175 $168 $175 $164 $70 DESIGN ENGINEERING 2.1 Project Management and Administration 13 26 98 12 - - - - - - 149 32,444$ 2.2 Project Meetings 2 - 4 6 - - - - - - 12 2,532$ 2.3 Topographic Survey & Easements - - 8 12 89 180 40 - - - 329 63,126$ 2.4 Utility Coordination - - 3 12 - - - - - - 15 3,030$ 2.5 Final Plans, Specifications, and Estimates 7 20 121 300 - - - 130 240 - 818 154,062$ 2.6 Regulatory Agency Coordination and Permitting - - 24 24 - - - - - - 48 9,840$ 2.7 Bidding and Contracting 1 - 19 32 - - - - - 5 57 10,986$ Design Engineering Subtotal:23 46 277 398 89 180 40 130 240 5 1,428 276,020$ 23 46 277 398 89 180 40 130 240 5 1,428 276,020 EEI STAFF PIC Principal In Charge 30,000$ SPM Senior Project Manager 150$ PM Project Manager 12,550$ SPE 1 Senior Project Engineer I DIRECT EXPENSES =42,700$ SPT 2 Senior Project Technician II SPT 1 Senior Project Technician I ST Senior Technician 276,020$ ADMIN Adminstrative Assistant 276,020$ 318,720$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: KDW5/7/24 COSTTASK NO.TASK DESCRIPTION HOURS DIRECT EXPENSES TOTAL COSTS Easement Acquisition = Printing = Geotechnical/CCDD = EEI Labor Expenses = TOTAL LABOR EXPENSES LABOR SUMMARY 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 GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GFGF GF GF GF GF GF GFGF GFGFGF GF GF GF GF GF !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !(!( !(!( !( !(!( !(!( !(!(!( !( !(!( !( !( !( !( !(!(!(!( !(!(!( !(!( !(!( !( !( !( !( !( !( !( !(!(!(!(!(!( !( !(!( !( !( !( !(!( !( !( !(!( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !(!( !(!(!( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !(!( !(!( !(!( !( !( !(!(!( !( !(!( !(!( !( !( !(!( !(!( !(!( Fox MillBridgeRiver Main StateOrange Ridge HeustisWashington Center Van Emmon MorganAdrianMadison KingBlaineWhite OakAdamsChurchColtonDolph Hydraulic BellOlsen Walter Beecher JeffersonMainW a s h in g to n MainMainRidgeMorgan Dolph StateHydraulic Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 Legend !(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 2025 Water Main Replacement www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: APRIL 2024 YO2427 YO2427_2025 Water Main Replacement Attachment E. MXD H:\GIS\PUBLIC\YORKVILLE\2024\ MJT ³ 1,000 0500 Feet 2025 WATER MAIN REPLACEMENT ATTACHMENT D ATTACHMENT E: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2427-P PROJECT TITLE DATE PREPARED BY 2025 Water Main Improvements KDW MAY JUN JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR DESIGN ENGINEERING 2.1 2.2 2.3 2.4 2.5 2.6 2.7 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting Bidding and Contracting Project Management and Administration Project Meetings Topographic Survey Utility Coordination TASK NO.TASK DESCRIPTION 4/25/24 20252024 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $246.00 Principal E-3 $241.00 Senior Project Manager E-2 $234.00 Project Manager E-1 $210.00 Senior Project Engineer/Surveyor II P-6 $200.00 Senior Project Engineer/Surveyor I P-5 $186.00 Project Engineer/Surveyor P-4 $168.00 Senior Engineer/Surveyor P-3 $155.00 Engineer/Surveyor P-2 $140.00 Associate Engineer/Surveyor P-1 $127.00 Senior Project Technician II T-6 $175.00 Senior Project Technician I T-5 $164.00 Project Technician T-4 $153.00 Senior Technician T-3 $140.00 Technician T-2 $127.00 Associate Technician T-1 $111.00 GIS Technician II G-2 $125.00 GIS Technician I G-1 $114.00 Engineering/Land Surveying Intern I-1 $ 82.00 Executive Administrative Assistant A-4 $ 77.00 Administrative Assistant A-3 $ 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 20.00 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 $ 225.00 Expert Testimony $ 275.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2024 ATTACHMENT G IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES Audit and Access to Records Clause: A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this agreement shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. C. All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. D. The final audit report shall include the written comments, if any, of the audited parties. E. Records shall be maintained and made available during performance of project services under this agreement and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Covenant Against Contingent Fees: The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Certification Regarding Debarment, Suspension and Other Responsibility Matters: Form EPA 5700-49 is signed and attached as part of Attachment G. USEPA Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. USEPA Fair Share Percentage Clause: The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs”. United States Environmental Protection Agency Washington, D.C. 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public: (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name and Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. May explanation is attached. EPA FORM 5700-49 (11-88) EPA Project Control Number ATTACHMENT H SUPPLEMENTARY USEPA / WIFIA PROFESSIONAL SERVICES CONTRACT CLAUSES ECONOMIC AND MISCELLANEOUS AUTHORITIES DEBARMENT AND SUSPENSION AND PROHIBITIONS RELATING TO VIOLATIONS OF CWA AND CAA WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR LOANS Debarment and Suspension. Contractor certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 2 CFR part 180 and part 1532 (per Executive Order 12549, 51 FR 6370, February 21, 1986) or who is prohibited under Section 306 of the Clean Air Act or Section 508 of the Clean Water Act to participate in the [Project]. Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement. NEW RESTRICTIONS ON LOBBYING Federal Lobbying Restrictions (31 U.S.C 1352). Recipients of federal financial assistance may not pay any person for influencing or attempting to influence any officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress with respect to the award, continuation, renewal, amendment, or modification of a federal grant, loan, or contract. These requirements are implemented for USEPA in 40 CFR Part 34, which also describes types of activities, such as legislative liaison activities and professional and technical services, which are not subject to this prohibition. Upon award of this contract, Contractor shall complete and submit to the City the certification and disclosure forms in Appendix A and Appendix B to 40 CFR Part 34. Contractor shall also require all subcontractors and suppliers of any tier awarded a subcontract over $100,000 to similarly complete and submit the certification and disclosure forms pursuant to the process set forth in 40 CFR 34.110. 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 Economic Development Committee #1 Tracking Number EDC 2024-30 East Westbury Village – PUD Repeal & Memorandum of Understanding (MOU) City Council – May 28, 2024 Majority Approval Proposed repeal of the East Westbury Village PUD and approval of a Memorandum of Understanding with successor property owners. Krysti J. Barksdale-Noble Community Development Name Department 1 Request Summary: The eight (8) successor proprietors of the approximately 300-acre East Village of Westbury Planned Unit Development (PUD) are proposing to nullify the established obligations outlined in the annexation agreement amendments of 2004 (Ord. 2004-36) and 2006 (Ord. 2006-34). This proposed nullification, detailed in a Memorandum of Understanding, aims to immediately revert the properties to their original R-2 Single Family Traditional Residence District zoning. It also seeks to permit certain pre- existing non-conforming uses to remain lawful, reimburse the City for various engineering consultant fees and the installation of the Rob Roy Sewer Outfall amounting to $418,952.50, obtain a written release from school/park site dedication based on the original land plan, and uphold the land plan for the development of 85 single-family residential units and 307 multiplex/townhome units on approximately 97 acres situated at the northwest corner of Corneils Road and IL Route 47 for potential development by an interested builder. Staff Comments: At the May 7th Economic Development Committee meeting, it was noted by staff an additional provision to the ordinance would be added that the repeal ordinance is subject to an eighteen (18) month deadline for obtaining the written release from the Yorkville School District of identified school site in the original PUD and successful execution of a development agreement with the developer and interested builder of the 97-acre site. Since that meeting, the stipulation for the eighteen (18) month deadline has been withdrawn by the City as a requirement as the school district has a tentative date for approval of the written release scheduled for a June board meeting and sufficient progress between the City and developer regarding a development agreement has been made. The attached draft ordinance reflects this change. Attachments: 1. Draft Ordinance Repealing A Planned Unit Development Agreement for the East Village of Westbury a. Exhibit A - List of Property Owners b. Exhibit B – Phase I Development Area 2. Memorandum of Understanding 3. EDC packet materials dated April 16, 2024 4. Executed Memorandum of Understanding by all property owners 5. East Village of Westbury Aerial Image/Location map 6. East Village of Westbury Property Ownership Map 7. Ord. 2004-36 8. Ord. 2006-34 Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: May 23, 2024 Subject: East Village of Westbury – Repeal of PUD Agreement Proposed Repeal of Planned Unit Development (PUD) Agreement & Execution of a Memorandum of Understanding AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY 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, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the “First Developer”) acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement, as amended (the “Planned Unit Development Agreement”) for the East Westbury Subdivision consisting of three hundred (300) acres (the “Acreage”) located in the City; and WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS, the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner’s name (the “Current Owners”); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E, POD 5-E, POD 6-E and 7-E (“Phase I”) further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the written confirmation from each of the Current Owners of their acceptance of the terms and conditions hereinafter set forth, which confirmation has now been received. WHEREAS, on May 9, 2006, there was recorded in the Office of the Recorder of Deeds of Kendall County, Illinois, Document No. 200600013759, entitled ‘Memorandum of Contract Regarding Obligation to Dedicate School/Park Site’. To the extent that the City and / or the School District may be third party beneficiaries of any obligations, by the adoption of this Ordinance, all obligations, if any, reflected or referenced in said Memorandum, as therein contained, for School/Park Site dedication or cash in lieu thereof are waived and terminated. NOW, THEREFORE, Be It Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1. Section 2. The City hereby repeals Ordinance No. 2004-36 adopted by the Mayor and City Council (the “Corporate Authorities”) on September 9, 2004, as follows, subject to the satisfaction of the conditions set forth below: a. That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence District, said R-2 District being its underlying zoning district for the Acreage; and, b. With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02-06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e. farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non- Conforming Uses in the Zoning District. c. With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd., the classification of said parcel as R-2 Single Family Traditional Residence shall not affect current uses of the parcel (i.e., indoor storage and auto repair and maintenance performed in the outbuilding). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. d. That all obligations and conditions for development of the Acreage as set forth in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006, with exception and exclusion of the area designated as Phase I. As part of this proposed ordinance repeal, Phase I will retain its current rights to build 85 units of Single Family, and 307 units of multi- plex/townhomes, both as marked on Exhibit B; and, e. That whenever development of the Acreage occurs, with the exception of Phase I, all development approvals shall be subject to all procedures required for approvals as of the time of development and all fees, land donations and assessments shall apply to the Acreage as are applicable to all developments within the R-2 zoning district. f. That the foregoing covenants and agreements are contingent upon (i) obtaining a written release within eighteen (18) months of execution of this ordinance from Yorkville’s School District 115 of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September 9, 2004, (ii) the Current Owner of Phase I identified as PIN 02-08-400-004 agrees to proceed with the development of residential units on 96.59 acres upon execution of a development agreement; and (ii) the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of $418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. g. The passage of this ordinance by the Corporate Authorities is confirmation of the City’s release of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance 2004-36 as hereinabove stated. h. Approval by the City of a Development Agreement by and between the Current Owner of Phase I within eighteen (18) months of execution of this ordinance. Section 3: 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 , 2024. CITY CLERK DAN TRANSIER KEN KOCH CRAIG SOLING ARDEN JOE PLOCHER 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 , 2024. MAYOR Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY 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, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the “First Developer”) acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement, as amended (the “Planned Unit Development Agreement”) for the East Westbury Subdivision consisting of three hundred (300) acres (the “Acreage”) located in the City; and WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS, the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner’s name (the “Current Owners”); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E, POD 5-E, POD 6-E and 7-E (“Phase I”) further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the written confirmation from each of the Current Owners of their acceptance of the terms and conditions hereinafter set forth, which confirmation has now been received. WHEREAS, on May 9, 2006, there was recorded in the Office of the Recorder of Deeds of Kendall County, Illinois, Document No. 200600013759, entitled ‘Memorandum of Contract Regarding Obligation to Dedicate School/Park Site’. To the extent that the City and / or the School District may be third party beneficiaries of any obligations, by the adoption of this Ordinance, all obligations, if any, reflected or referenced in said Memorandum, as therein contained, for School/Park Site dedication or cash in lieu thereof are waived and terminated. NOW, THEREFORE, Be It Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1. Section 2. The City hereby repeals Ordinance No. 2004-36 adopted by the Mayor and City Council (the “Corporate Authorities”) on September 9, 2004, as follows, subject to the satisfaction of the conditions set forth below: a. That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence District, said R-2 District being its underlying zoning district for the Acreage; and, Ordinance No. 2024-____ Page 2 b. With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02- 06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e. farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. c. With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd., the classification of said parcel as R-2 Single Family Traditional Residence shall not affect current uses of the parcel (i.e., indoor storage and auto repair and maintenance performed in the outbuilding). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. d. That all obligations and conditions for development of the Acreage as set forth in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006, with exception and exclusion of the area designated as Phase I. As part of this proposed ordinance repeal, Phase I will retain its current rights to build 85 units of Single Family, and 307 units of multi- plex/townhomes, both as marked on Exhibit B; and, e. That whenever development of the Acreage occurs, with the exception of Phase I, all development approvals shall be subject to all procedures required for approvals as of the time of development and all fees, land donations and assessments shall apply to the Acreage as are applicable to all developments within the R-2 zoning district. f. That the foregoing covenants and agreements are contingent upon (i) obtaining a written release within eighteen (18) months of execution of this ordinance from Yorkville’s School District 115 of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September 9, 2004, (ii) the Current Owner of Phase I identified as PIN 02-08-400-004 agrees to proceed with the development of residential units on 96.59 acres upon execution of a development agreement; and (ii) the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of $418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. g. The passage of this ordinance by the Corporate Authorities is confirmation of the City’s release of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance 2004-36 as hereinabove stated. Ordinance No. 2024-____ Page 3 Section 3. 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 WESTBURY EAST PARCEL OWNERSHIP AS OF 9‐21‐22 PER KENDALL COUNTY GIS RECORDS No. PIN ACREAGE Site Address CURRENT OWNER OF RECORD CURRENT OWNER OF RECORD ADDRESS 1 02‐08‐400‐004 96.59 10153 Corneils Road Chicago WB Investors LLC 129 E 10th ST #9, New York, New York 10003 2 02‐08‐400‐003 29.65 ‐ Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 3 02‐08‐200‐029 42.87 ‐ Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 4 02‐08‐200‐030 70.63 ‐ NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 5 02‐08‐200‐019 23.39 ‐ BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 6 02‐08‐200‐015 8.28 ‐ BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 7 02‐05‐400‐014 8.00 ‐ BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 8 02‐05‐400‐018 1.18 10346 GALENA RD ROSALES CAROLINA CITLALI &, URUETA MARIA MACDALENA 10346 GALENA RD BRISTOL, IL, 60512 9 02‐05‐400‐020 1.38 ‐ BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 10 02‐08‐200‐022 1.62 ‐ BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 11 02‐05‐400‐019 1.20 10326 GALENA RD KULAKOWSKI ANDREW & KELLY &, HAMSMITH HARRY 10326 GALENA RD BRISTOL, IL, 60512 12 02‐05‐400‐012 3.93 10318 GALENA RD UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 13 02‐08‐200‐018 2.92 ‐ UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 14 02‐05‐400‐013 2.71 10292 GALENA RD CEJA VICTOR E TORO &, TORO MARILEX A 10292 GALENA RD BRISTOL, IL, 60512 15 02‐05‐400‐005 2.38 ‐ NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 Exhibit "B" POD 1-E SINGLE FAMILY B 32.0 I acres 89 units ', I 10-E PARK SITE 6.S acres 9-E COMMERCIAL 33.81 acres I I I I I II . POD2B-E SINGLE FAMILY A ). / /,I fl /,rꞏ POD 2A-E MULTIPLEXC 13.55 acres 124 units 11.S8 acres /' 16.34 acres 138 unics 48-E OPEN SPACE 2l.9acres retention POD 8-E SINGLE FAMILY A 17.67 acres 47 units POD 5-E MULTI-PLEX B 13.52 acres 137 units PIN 02-08-400-004 96.59Acres Phase I 4A-E OPEN SPACE 97.9 acres golf/ retenrion POD 6-E - SINGLE FAMILY B 31.68 acres 85 unirs t:t. westbury EAST VlLLAGE SCALE 1"= 160' NORTH 7-E MULTI-PLEXC 18.79 acres 170 unics 48-E OPEN SPACE 2.29 acres rerenrion Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE APPROVING A MEMORANDUM OF UNDERSTANDING REGARDING THE EAST VILLAGE OF WESTBURY 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, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the “First Developer”) acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement, as amended (the “Planned Unit Development Agreement”) for the East Westbury Subdivision consisting of three hundred (300) acres (the “Acreage”) located in the City; and WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS, the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner’s name (the “Current Owners”); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E, POD 5-E, POD 6-E and 7-E (“Phase I”) further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the approval by the Current Owners the terms and conditions as set forth in the Memorandum of Understanding attached hereto; which has now been received. NOW, THEREFORE, Be It Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1. Ordinance No. 2024-____ Page 2 Section 2. The Memorandum of Understanding by and between the City and the Current Owners, as defined therein, is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Memorandum. Section 3. 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 WESTBURY EAST PARCEL OWNERSHIP AS OF 9‐21‐22 PER KENDALL COUNTY GIS RECORDS No. PIN ACREAGE Site Address CURRENT OWNER OF RECORD CURRENT OWNER OF RECORD ADDRESS 1 02‐08‐400‐004 96.59 10153 Corneils Road Chicago WB Investors LLC 129 E 10th ST #9, New York, New York 10003 2 02‐08‐400‐003 29.65 ‐ Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 3 02‐08‐200‐029 42.87 ‐ Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 4 02‐08‐200‐030 70.63 ‐ NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 5 02‐08‐200‐019 23.39 ‐ BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 6 02‐08‐200‐015 8.28 ‐ BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 7 02‐05‐400‐014 8.00 ‐ BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 8 02‐05‐400‐018 1.18 10346 GALENA RD ROSALES CAROLINA CITLALI &, URUETA MARIA MACDALENA 10346 GALENA RD BRISTOL, IL, 60512 9 02‐05‐400‐020 1.38 ‐ BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 10 02‐08‐200‐022 1.62 ‐ BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 11 02‐05‐400‐019 1.20 10326 GALENA RD KULAKOWSKI ANDREW & KELLY &, HAMSMITH HARRY 10326 GALENA RD BRISTOL, IL, 60512 12 02‐05‐400‐012 3.93 10318 GALENA RD UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 13 02‐08‐200‐018 2.92 ‐ UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 14 02‐05‐400‐013 2.71 10292 GALENA RD CEJA VICTOR E TORO &, TORO MARILEX A 10292 GALENA RD BRISTOL, IL, 60512 15 02‐05‐400‐005 2.38 ‐ NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 Exhibit "B" POD 1-E SINGLE FAMILY B 32.0 I acres 89 units ', I 10-E PARK SITE 6.S acres 9-E COMMERCIAL 33.81 acres I I I I I II . POD2B-E SINGLE FAMILY A ). / /,I fl /,rꞏ POD 2A-E MULTIPLEXC 13.55 acres 124 units 11.S8 acres /' 16.34 acres 138 unics 48-E OPEN SPACE 2l.9acres retention POD 8-E SINGLE FAMILY A 17.67 acres 47 units POD 5-E MULTI-PLEX B 13.52 acres 137 units PIN 02-08-400-004 96.59Acres Phase I 4A-E OPEN SPACE 97.9 acres golf/ retenrion POD 6-E - SINGLE FAMILY B 31.68 acres 85 unirs t:t. westbury EAST VlLLAGE SCALE 1"= 160' NORTH 7-E MULTI-PLEXC 18.79 acres 170 unics 48-E OPEN SPACE 2.29 acres rerenrion MEMORANDUM OF UNDERSTANDING REGARDING THE REPEAL OF A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY, THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the “First Developer”) acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to An Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement, as amended (the “Planned Unit Development Agreement”) for the East Westbury Subdivision consisting of three hundred (300) acres (the “Acreage”) located in the United City of Yorkville, Kendall County, Illinois (the “City”); and, WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS, the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner’s name (the “Current Owners”); and, WHEREAS, the Current Owners have requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E, POD 5-E, POD 6-E and 7-E (“Phase I”) further identified on Exhibit B attached hereto, which request the City is prepared to consider conditioned upon the written confirmation from each of the Current Owners of their acceptance of the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the covenants and promises hereinafter set forth, the sufficiency of which is hereby acknowledged by the City and the Current Owners, the City and each of the Current Owners agree as follows: 1. The foregoing Preambles are hereby made a part of and incorporated into this Memorandum of Understanding as if fully restated and in this paragraph 1. 2. The City hereby agrees to repeal Ordinance No. 2004-36 adopted by the Mayor and City Council (the “Corporate Authorities”) on September 9, 2004, as follows, subject to the satisfaction of the conditions set forth in paragraph 3 below: a. That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence District, said R-2 District being its underlying zoning district for the Acreage; and, b. With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02-06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e. farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. c. That all obligations and conditions for development of the Acreage as set forth in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006, with exception and exclusion of the area designated as Phase I. As part of this proposed ordinance repeal, Phase I will retain its current rights to build 85 units of Single Family, and 307 units of multi-plex/townhomes, both as marked on Exhibit B; and, d. That whenever development of the Acreage occurs, with the exception of Phase I, all development approvals shall be subject to all procedures required for approvals as of the time of development and all fees, land donations and assessments shall apply to the Acreage as are applicable to all developments within the R-2 zoning district. e. That the foregoing covenants and agreements are contingent upon (i) a written release from Yorkville’s School District 115 and the City of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September, 9, 2004; (ii) the Current Owner of Phase I identified as PIN 02- 08-400-004 agrees to proceed with the development of residential units on 96.59 acres; and (iii) the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of $418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. 3. This Memorandum of Agreement may be signed in counterparts. Dated this day of , 2023. United City of Yorkville, Kendall County, Illinois, a municipal corporation By: Mayor Attest: City Clerk [List Each Owner] By: Attest: 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 New Business #5 Tracking Number EDC 2024-30 East Westbury Village – PUD Repeal & Memorandum of Understanding (MOU) Economic Development Committee – May 7, 2024 Majority Approval Proposed repeal of the East Westbury Village PUD and approval of a Memorandum of Understanding with successor property owners. Krysti J. Barksdale-Noble, AICP Community Development Name Department Packet materials from 5/7/24 EDC meeting to follow 1 Request Summary: The eight (8) successor proprietors of the approximately 300-acre East Village of Westbury Planned Unit Development (PUD) are proposing to nullify the established obligations outlined in the annexation agreement amendments of 2004 (Ord. 2004-36) and 2006 (Ord. 2006-34). This proposed nullification, detailed in a Memorandum of Understanding, aims to immediately revert the properties to their original R-2 Single Family Traditional Residence District zoning. It also seeks to permit certain pre- existing non-conforming uses to remain lawful, reimburse the City for various engineering consultant fees and the installation of the Rob Roy Sewer Outfall amounting to $418,952.50, obtain a written release from school/park site dedication based on the original land plan, and uphold the land plan for the development of 85 single-family residential units and 307 multiplex/townhome units on approximately 97 acres situated at the northwest corner of Corneils Road and IL Route 47 for potential development by an interested builder. Development Background: In 1997, the City annexed and entered into an annexation agreement with Richard and Henrietta Undesser for approximately 260-acre tracts of land of land located at on the west side of IL Route 47 bounded by Galena Road to the north and Corneils Road to the south. The original agreement (Ord. 1997-10B) approved the land for commercial and agricultural uses. However, in September 2004, the Undesser’s, along with Ocean Atlantic as developer, annexed an additional ~70 acres of land to the west (Ord. 2006-37) and included this within an amended annexation agreement for a planned unit development (Ord. 2004-36). The planned unit development (PUD), known as the Westbury Village Subdivision, allowed for commercial, single-family, and multi- family land uses consisting of roughly 890 dwelling units, 15-acre school site, 30-acre commercial parcel, and parkland located within nine (9) distinct development “pods”. Currently, the parcels are primarily utilized for single-family residences and agricultural land uses. From 2014- 2023 a portion of the property in the northwest quadrant was used as a compost facility operated by Green Organics. This operation has been decommissioned and relocated to the parcel to west in unincorporated Kendall County. Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: April 16, 2024 Subject: East Village of Westbury – Repeal of PUD Agreement Proposed Repeal of Planned Unit Development (PUD) Agreement & Execution of a Memorandum of Understanding 2 A final plat was approved for Pod 6 for 85 single family lots in August 2005, but the final plat was never recorded. Subsequently, an amendment to the PUD land plan was approved by the City in April 2006 via Ord. 2006-34 establishing the “East Village of Westbury” which now comprised of 822 dwelling units, 15-acre school site, and 12 acres of parkland. While the commercial site was still identified on the updated land plan, it was not included for development. The 2006 annexation and PUD agreement also confirmed the developer’s obligation to connect to the Raymond Outflow Stormwater prior to the issuance of any building permit and that the City was engaging certain residential developers in the area in a recapture agreement to contribute to the City’s cost of designing, engineering, and installing a sanitary sewer interceptor to which the East Village of Westbury’s share was $1.78M, which approximately $1.26M is outstanding. The developer was also required to construct an outfall storm sewer on the property costing $500,000 which the city also constructed. 3 Current Development Ownership & Infrastructure Improvement Status: While Ocean Atlantic proceeded to install roadways and underground infrastructure in Pod 6 between 2006-2008 anticipating the construction of the 85 single-family dwelling units, the economic conditions in the housing market soured and the development stalled. The developer did not fulfill the repayment of the stormwater outfall recapture and portions of the annexed parcels were foreclosed upon and sold at auction. Below is a map of the current eight (8) successor landowners and their respective parcels within the East Village of Westbury planned unit development. The current owner of Pod 6 (also referred to as Phase I), Chicago WB Investors, LLC, is interested in retaining the development entitlements for this area of the PUD and restarting the construction of the 85 single-family units in short order with the multi-family units in the near future. While the other landowners would like to unburden their property of the existing East Village of Westbury PUD site plan and financial obligations provided in the annexation agreements. This will allow the successor owners to either maintain their property in its current state or propose a different development plan or land use in the future. 4 Proposed Repeal of Planned Unit Development: In anticipation of construction restarting in Pod 6 and other potential land use changes proposed for other portions of the development, City staff and the representative for Chicago WB Investors, LLC, have been working since 2022 on language to repeal the PUD plan and reconcile the outstanding financial obligations of the former developer. The following summarizes the terms of the proposed repeal ordinance and Memorandum of Understanding agreed upon by the City and all successor property owners: 1. Zoning – The original and amended annexation agreements classified the East Village of Westbury as a Planned Unit Development (PUD) with underlying zoning designation of R-2 Single Family Residence District, R-4 General Multi-Family Residence District, and B-3 Service Business District. a. The repeal proposes that all property, except for those owned by Chicago WB Investors, shall immediately be rezoned into the current R-2 Single Family Traditional Residence District. b. The parcels owned by Chicago WB Investors (labeled as 4B-E, POD 5-E, POD 6-E and 7-E on “Exhibit B” of the repealing ordinance) shall retain their R-2 Single-Family and R-4 General Multi-Family residential zoning designation. 2. Legal Non-Conforming Uses - In addition to the successor owner’s property being reverted back to the R-2 Single-Family Traditional Residence District zoning, certain owners have requested legal non-conforming status for existing land uses on their parcels. a. With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02-06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e., farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. b. With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd., the classification of said parcel as R-2 Single Family Traditional Residence shall not affect current uses of the parcel (i.e., indoor storage and auto repair and maintenance performed in the outbuilding). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. 3. Planned Unit Development (PUD) Agreement - That all obligations and conditions for development established in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006, with exception and exclusion of the parcel owned by Chicago WB Investors, LLC. a. As part of this proposed ordinance repeal, this approximately 96-acre parcel (referred to as Phase I) will retain its current rights to build 85 units of Single Family, and 307 units of multi-plex/townhomes. A separate development agreement for Phase I is contemplated with the successor owner of this parcel. 4. Future Approvals – With the exception of Phase I owned by Chicago WB Investors, all future development approvals shall be subject to all current procedures required for entitlement as of the 5 time of development and all fees, land donations and assessments shall apply as any other property similarly zoned R-2 Single-Family Traditional Residence District. a. Regarding the Phase I parcel, particularly Pod 6-E for the 85 single family units with current infrastructure, the city’s engineering consultant performed an inspection and prepared a punchlist in 2021. That punch list was subsequently updated in July 2023. The majority of the site work done nearly 20 years ago consisted of roads, underground utilities (watermain, sanitary sewer, and storm sewer), and stormwater management. All of these improvements will need to be reinspected and a security guarantee provided before recording a revised final plat or future construction begins. 5. School/Park Dedication Release – The proposed ordinance to repeal the Planned Unit Development (PUD) for East Village of Westbury is contingent upon the following: a. A written release from Yorkville’s School District 115 of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September 9, 2004. i. City Attorney Orr is currently working with the School District to secure the written release. b. The passage of this ordinance by the Corporate Authorities is confirmation of the City’s release of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance 2004-36 as hereinabove stated. 6. Development/Payment of Fees – The proposed ordinance to repeal is further contingent upon: a. The Current Owner of Phase I identified as PIN 02-08-400-004 agrees to proceed with the development of residential units on 96.59 acres under a new Development Agreement. b. The Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of $418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. 7. Effective Date – The proposed repeal will be effective immediately upon signature of all property owners, payment of outstanding fees, executed Phase I Development Agreement, and receipt of the written release from the school district. Staff Comments: Staff is supportive of the proposed repeal ordinance and execution of the memorandum of understanding by the City. This ordinance positions the 85 single-family lots in POD 6-E for easier take down by an interested builder, ensuring the completion of the public infrastructure and roadway improvements in Phase I. Further, it unencumbers the balance of the remaining parcels from the obligations of the existing Planned Unit Development (PUD) agreement should the owners decide to sell and/or redevelop. However, most importantly, the ordinance approval is subject to the developer of Phase I reimbursing the City of nearly $420,000 of previously written off bad debt. Funds unanticipated by the adopted FY 24 or proposed FY 25 budget. The approval of the ordinance does not require a public hearing, therefore, should the matter proceed out of committee, staff has tentatively scheduled it for consideration before the entire City 6 Council at the May 14, 2024 meeting. The City Attorney has drafted the attached repeal ordinance and memorandum of understanding for your review. Staff will be available at the EDC meeting to answer any questions. Attachments: 1. Draft Ordinance Repealing A Planned Unit Development Agreement for the East Village of Westbury a. Exhibit A - List of Property Owners b. Exhibit B – Phase I Development Area 2. Executed Memorandum of Understanding by all property owners 3. East Village of Westbury Aerial Image/Location map 4. East Village of Westbury Property Ownership Map 5. Ord. 2004-36 6. Ord. 2006-34 Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY 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, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the “First Developer”) acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement, as amended (the “Planned Unit Development Agreement”) for the East Westbury Subdivision consisting of three hundred (300) acres (the “Acreage”) located in the City; and WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS, the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner’s name (the “Current Owners”); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E, POD 5-E, POD 6-E and 7-E (“Phase I”) further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the written confirmation from each of the Current Owners of their acceptance of the terms and conditions hereinafter set forth, which confirmation has now been received. WHEREAS, on May 9, 2006, there was recorded in the Office of the Recorder of Deeds of Kendall County, Illinois, Document No. 200600013759, entitled ‘Memorandum of Contract Regarding Obligation to Dedicate School/Park Site’. To the extent that the City and / or the School District may be third party beneficiaries of any obligations, by the adoption of this Ordinance, all obligations, if any, reflected or referenced in said Memorandum, as therein contained, for School/Park Site dedication or cash in lieu thereof are waived and terminated. NOW, THEREFORE, Be It Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1. Section 2. The City hereby repeals Ordinance No. 2004-36 adopted by the Mayor and City Council (the “Corporate Authorities”) on September 9, 2004, as follows, subject to the satisfaction of the conditions set forth below: Ordinance No. 2024-____ Page 2 a. That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence District, said R-2 District being its underlying zoning district for the Acreage; and, b. With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02-06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e. farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. c. With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd., the classification of said parcel as R-2 Single Family Traditional Residence shall not affect current uses of the parcel (i.e., indoor storage and auto repair and maintenance performed in the outbuilding). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. d. That all obligations and conditions for development of the Acreage as set forth in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006, with exception and exclusion of the area designated as Phase I. As part of this proposed ordinance repeal, Phase I will retain its current rights to build 85 units of Single Family, and 307 units of multi-plex/townhomes, both as marked on Exhibit B; and, e. That whenever development of the Acreage occurs, with the exception of Phase I, all development approvals shall be subject to all procedures required for approvals as of the time of development and all fees, land donations and assessments shall apply to the Acreage as are applicable to all developments within the R-2 zoning district. f. That the foregoing covenants and agreements are contingent upon (i) a written release from Yorkville’s School District 115 of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September 9, 2004, t (ii) the Current Owner of Phase I identified as PIN 02-08-400-004 agrees to proceed with the development of residential units on 96.59 acres upon execution of a development agreement; and (ii) the Current Owner of the Phase I agrees to pay Ordinance No. 2024-____ Page 3 outstanding fees owed to the City in the amount of $418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. g. The passage of this ordinance by the Corporate Authorities is confirmation of the City’s release of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance 2004-36 as hereinabove stated. h. Approval by the City of a Development Agreement by and between the Current Owner of Phase I. Section 3: 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 No.PIN ACREAGE Site Address CURRENT OWNER OF RECORD CURRENT OWNER OF RECORD ADDRESS 1 02-08-400-004 96.59 10153 Corneils Road Chicago WB Investors LLC 129 E 10th ST #9, New York, New York 10003 2 02-08-400-003 29.65 -Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 3 02-08-200-029 42.87 -Tequila Sunrise Enterprises, LLC % Scott Brummel, Brummel Realty 1107 S. Bridge St, STE D, Yorkville, IL 60560 4 02-08-200-030 70.63 -NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 5 02-08-200-019 23.39 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 6 02-08-200-015 8.28 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 7 02-05-400-014 8.00 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 8 02-05-400-018 1.18 10346 GALENA RD ROSALES CAROLINA CITLALI &, URUETA MARIA MACDALENA 10346 GALENA RD BRISTOL, IL, 60512 9 02-05-400-020 1.38 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 10 02-08-200-022 1.62 -BRISTOL VENTURES LLC 10318 GALENA RD BRISTOL, IL, 60512 11 02-05-400-019 1.20 10326 GALENA RD KULAKOWSKI ANDREW & KELLY &, HAMSMITH HARRY 10326 GALENA RD BRISTOL, IL, 60512 12 02-05-400-012 3.93 10318 GALENA RD UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 13 02-08-200-018 2.92 -UNDESSER, JOHN F & CYNTHIA K 10326 GALENA RD BRISTOL, IL, 60512 14 02-05-400-013 2.71 10292 GALENA RD CEJA VICTOR E TORO &, TORO MARILEX A 10292 GALENA RD BRISTOL, IL, 60512 15 02-05-400-005 2.38 -NAGEL, DANIEL A & CHARENE S LIV TRUST PO BOX 1069 SUGAR GROVE, IL, 60554 WESTBURY EAST PARCEL OWNERSHIP AS OF 9-21-22 PER KENDALL COUNTY GIS RECORDS Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE APPROVING A MEMORANDUM OF UNDERSTANDING REGARDING THE EAST VILLAGE OF WESTBURY 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, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the “First Developer”) acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement, as amended (the “Planned Unit Development Agreement”) for the East Westbury Subdivision consisting of three hundred (300) acres (the “Acreage”) located in the City; and WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS, the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner’s name (the “Current Owners”); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E, POD 5-E, POD 6-E and 7-E (“Phase I”) further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the approval by the Current Owners the terms and conditions as set forth in the Memorandum of Understanding attached hereto; which has now been received. NOW, THEREFORE, Be It Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. The foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1. Ordinance No. 2024-____ Page 2 Section 2. The Memorandum of Understanding by and between the City and the Current Owners, as defined therein, is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Memorandum. Section 3. 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 GALENA BRIDGECORNE ILS ROUTE 47BOOMBAHBEE C H ER RYANLAURENW A T E R P A R K BERTRAM BRISTOL BAY DR IVEWAY C OM M ERCIAL BURNETTCALEDONIA PINEWOODLONGVIEWGARRITANOPRIVATE DRIVECAMDENPORTAGE WINCHESTERBERT RAM CALEDONIASource: Esri, Maxar, Earthstar Geographics, and the GIS User Community Location Map - East Village of Westbury United City of Yorkville, Illinois March 20, 2024 (Pod 8-E) (Pods 2A-E, 2B-E, 3B-E,, 4-B & 9) (Pod 1-E & School Site) (Pod 1-E) GALENA CORNEILS WATERPAR K RYAN ROUTE 47ROSENWINKELGALENA CORNEILS WATERPAR K RYAN ROUTE 47ROSENWINKEL02-08-400-004 02-08-200-030 02-08-200-029 02-08-400-003 02-08-200-019 02-08-200-01502-05-400-01402-05-400-012 02-08-200-01802-05-400-005 02-05-400-013 02-08-200-02202-05-400-02002-05-400-01902-05-400-018 (Pods 4B-E, 5-E, 6-E & 7-E) (Pod 4-A) 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 #6 Tracking Number CC 2021-04 City Buildings Updates City Council – May 28, 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 #7 Tracking Number CC 2021-38 Water Study Update City Council – May 28, 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: A training for elected officials will take place at this meeting. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Presentations #4 Tracking Number Elected Officials Harassment Training City Council – May 28, 2024 None Informational Bart Olson Administration Name Department