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City Council Packet 2025 01-14-25
AGENDA CITY COUNCIL MEETING Tuesday, January 14, 2025 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. YYTFC Nationals Recognition Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: 1. Minutes of the Regular City Council – November 26, 2024 2. Minutes of the Regular City Council – December 10, 2024 3. Bill Payments for Approval $ 2,468,856.21 (vendors) $ 2,537,903.67 (wire payments) $ 425,136.38 (payroll period ending 12/06/24) $ 416,007.45 (payroll period ending 12/20/24) $ 426,049.22 (payroll period ending 01/03/25) $ 6,273,952.93 (total) 4. PW 2024-100 Resolution Approving a Change Order Relating to the Well No. 10 and Raw Water Main Improvements Project – authorize the Mayor and City Clerk to authorize 5. PW 2024-110 Resolution Approving the Release of a Performance Guarantee Bond Related to Grande Reserve Unit 3 – authorize the Mayor and City Clerk to authorize United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda January 14, 2025 Page 2 Mayor’s Report: 1. CC 2025-01 Ordinance Approving a Water Easement Agreement with Commonwealth Edison Company (Eldamain Water Main Loop) 2. CC 2025-02 Ordinance Renaming the Streets of Big Grove Lane and Waterman Lane to “Big Grove Circle” 3. CC 2025-03 Public Works and Parks Facility – Final Plan, Cost Estimate, and Authorization to Bid 4. CC 2025-04 Ordinance Amending the Yorkville City Code (Municipal Utility Tax) Public Works Committee Report: 1. PW 2024-101 Ordinance Amending the Code of Ordinances of the United City of Yorkville, Kendall County, Illinois Regulating On-Street Parking (Bailey Road) 2. PW 2024-102 Resolution Approving a Bid to Construct the Eldamain Water Loop North Portion of a Water and Sewer Extension Project (C1 Yorkville, LLC) 3. PW 2024-103 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Eldamain Water Main Loop – North Contract – Construction Engineering) 4. PW 2024-104 Resolution Approving a Bid to Construct the Eldamain Water Loop South Portion of a Water and Sewer Extension Project (C1 Yorkville, LLC) 5. PW 2024-105 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Eldamain Water Main Loop – South Contract – Construction Engineering) 6. PW 2024-106 Resolution Approving a Bid to Construct the Southern Sanitary Sewer Connection Portion of a Water and Sewer Extension Project (C1 Yorkville, LLC) 7. PW 2024-107 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Southern Sanitary Sewer Connection – Construction Engineering) 8. PW 2024-108 2024 Sanitary Sewer Lining Improvements a. Resolution Approving a Bid to Construct Sanitary Sewer Lining Improvements b. Resolution Approving a Change Order Relating to the 2024 Sanitary Sewer Lining Improvements Project 9. PW 2024-109 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (2024 Sanitary Sewer Lining, Design and Construction Engineering) 10. PW 2024-111 Resolution Approving an Amendment to the Professional Services Agreement to an Agreement with Kluber, Inc. for the Design of a Public Works Facility Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Park Board: City Council Agenda January 14, 2025 Page 3 Planning and Zoning Commission: 1. PZC 2024-21 & EDC 2024-77 Heartland Meadows West a. Ordinance Approving an Amendment to a Planned Unit Development for Kendall Marketplace b. Ordinance Approving a Preliminary Plan of Subdivision and Final Planned Unit Development Plan for the Property Located North of Blackberry Shore Lane and Between Northland Lane and Cannonball Trail (Heartland Meadows West) 2. PZC 2024-25 & EDC 2024-85 Ordinance Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Fence Standards 3. PZC 2024-26 & EDC 2024-78 Daniels, Malinski Yorkville Family LLLP a. Ordinance Annexing Certain Territory Located North of US Route 34, West of Beecher Road and Kendall Marketplace, and East of Eldamain Road to the United City of Yorkville (DMYF LLLP Property) b. Ordinance Authorizing the Execution of an Annexation Agreement for Certain Territory Located North of US Route 34, West of Beecher Road and Kendall Marketplace, and East of Eldamain Road to the United City of Yorkville (DMYF LLLP Property) c. Ordinance Approving the Rezoning to the M-2 General Manufacturing Zoning District of Certain Territory Generally Located North of US Route 34, West of Beecher Road and Kendall Marketplace, and East of Eldamain Road City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 5. CC 2021-04 City Buildings Updates 6. CC 2021-38 Water Study Update Additional Business: Citizen Comments: Executive Session: Adjournment: City Council Agenda January 14, 2025 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: February 19, 2025 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Marek Finance Library Vice-Chairman: Alderman Plocher Administration Committee: Alderman Koch Committee: Alderman Corneils ECONOMIC DEVELOPMENT: February 4, 2025 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Plocher Community Development Planning & Zoning Commission Vice-Chairman: Alderman Funkhouser Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Transier Committee: Alderman Tarulis PUBLIC SAFETY: March 6, 2025 – 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: January 21, 2025 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Koch Public Works Park Board Vice-Chairman: Alderman Soling Engineering YBSD Committee: Alderman Marek Parks and Recreation Committee: Alderman Corneils UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, January 14, 2025 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. YYTFC Nationals Recognition ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Minutes of the Regular City Council – November 26, 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. Minutes of the Regular City Council – December 10, 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. Bill Payments for Approval □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2024-100 Resolution Approving a Change Order Relating to the Well No. 10 and Raw Water Main Improvements Project □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2024-110 Resolution Approving the Release of a Performance Guarantee Bond Related to Grande Reserve Unit 3 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2025-01 Ordinance Approving a Water Easement Agreement with Commonwealth Edison Company (Eldamain Water Main Loop) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2025-02 Ordinance Renaming the Streets of Big Grove Lane and Waterman Lane to “Big Grove Circle” □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2025-03 Public Works and Parks Facility – Final Plan, Cost Estimate, and Authorization to Bid □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2025-04 Ordinance Amending the Yorkville City Code (Municipal Utility Tax) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2024-101 Ordinance Amending the Code of Ordinances of the United City of Yorkville, Kendall County, Illinois Regulating On-Street Parking (Bailey Road) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2024-102 Resolution Approving a Bid to Construct the Eldamain Water Loop North Portion of a Water and Sewer Extension Project (C1 Yorkville, LLC) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 204-103 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Eldamain Water Main Loop – North Contract – Construction Engineering) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2024-104 Resolution Approving a Bid to Construct the Eldamain Water Loop South Portion of a Water and Sewer Extension Project (C1 Yorkville, LLC) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2024-105 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Eldamain Water Main Loop – South Contract – Construction Engineering) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2024-106 Resolution Approving a Bid to Construct the Southern Sanitary Sewer Connection Portion of a Water and Sewer Extension Project (C1 Yorkville, LLC) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2024-107 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Southern Sanitary Sewer Connection – Construction Engineering) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2024-108 2024 Sanitary Sewer Lining Improvements a. Resolution Approving a Bid to Construct Sanitary Sewer Lining Improvements □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Resolution Approving a Change Order Relating to the 2024 Sanitary Sewer Lining Improvements Project □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2024-109 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (2024 Sanitary Sewer Lining, Design and Construction Engineering) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2024-111 Resolution Approving an Amendment to the Professional Services Agreement to an Agreement with Kluber, Inc. for the Design of a Public Works Facility □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PLANNING AND ZONING COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PZC 2024-21 & EDC 2024-77 Heartland Meadows West a. Ordinance Approving an Amendment to a Planned Unit Development for Kendall Marketplace □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Approving a Preliminary Plan of Subdivision and Final Planned Unit Development Plan for the Property Located North of Blackberry Shore Lane and Between Northland Lane and Cannonball Trail (Heartland Meadows West) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PZC 2024-25 & EDC 2024-85 Ordinance Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Fence Standards □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PZC 2024-26 & EDC 2024-78 Daniels, Malinski Yorkville Family LLLP a. Ordinance Annexing Certain Territory Located North of US Route 34, West of Beecher Road and Kendall Marketplace, and East of Eldamain Road to the United City of Yorkville (DMYF LLLP Property) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Authorizing the Execution of an Annexation Agreement for Certain Territory Located North of US Route 34, West of Beecher Road and Kendall Marketplace, and East of Eldamain Road to the United City of Yorkville (DMYF LLLP Property) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ c. Ordinance Approving the Rezoning to the M-2 General Manufacturing Zoning District of Certain Territory Generally Located North of US Route 34, West of Beecher Road and Kendall Marketplace, and East of Eldamain Road □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2021-04 City Buildings Updates □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2021-38 Water Study Update □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #1 Tracking Number Minutes of the Regular City Council – November 26, 2024 City Council – January 14, 2025 Majority Approval Approval of Minutes Jori Behland Administration Name Department DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 651 PRAIRIE POINTE DRIVE ON TUESDAY, NOVEMBER 26, 2024 Mayor Purcell called the meeting to order at 7:03 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Behland called the roll. Ward I Koch Present Transier Present Ward II Plocher Present Soling Absent Ward III Funkhouser Present Marek Present Ward IV Tarulis Present Corneils Present Staff in attendance at City Hall: City Administrator Olson, City Clerk Behland, Chief of Police Jensen, Attorney Orr, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, and EEI Engineer Sanderson. Staff in attendance electronically: none Members of the public were able to attend this meeting in person as well as being able to access the meeting remotely via Zoom which allowed for video, audio, and telephonic participation. A meeting notice was posted on the City’s website on the agenda, minutes, and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: https://us02web.zoom.us/j/81150439013?pwd=Lcn6MJ4YwJ0quW1rUcLyBujYFNTnuq.1. The Zoom meeting ID was 811 5043 9013. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Purcell asked if there were any amendments to the agenda. Alderman Plocher made a motion to move Administration Committee Reports #2, #3, #4, and #5 to the Consent agenda; seconded by Alderman Funkhouser. Motion unanimously approved by a viva voce vote. PRESENTATIONS Introduction and Swearing-In of New Yorkville Police Department Officer – Jack Wade Chief of Police Jensen introduced Jack Wade, and Mayor Purcell swore him in as a patrol officer for the Yorkville Police Department. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. The Minutes of the Regular Meeting of the City Council – November 26, 2024 – Page 2 of 6 CONSENT AGENDA 1. Bill Payments for Approval $ 1,776,915.21 (vendors) $ 3,128.71 (wire payments) $ 405,572.23 (payroll period ending 11/08/24) $ 2,185,616.15 (total) 2. Ordinance 2024-55 Amending the Code of Ordinances of the United City of Yorkville, Kendall County, Illinois Regulating On-Street Parking (Garden Street) – authorize the Mayor and City Clerk to execute (PW 2024-93) 3. Resolution 2024-55 Approving a Change Order Relating to the 2024 Water Main Improvement Project (Contract B Fox Industrial) – authorize the Mayor and City Clerk to execute (PW 2024-95) 4. Resolution 2024-56 Approving a Request for Change in Plans and Engineer’s Final Payment Estimate for the 2024 Road to Better Roads Project – authorize the Mayor and City Clerk to execute (PW 2024-97) 5. Treasurer’s Report for October 2024 (ADM 2024-46) 6. Bond Abatement Ordinances (ADM 2024-51) a. Ordinance 2024-58 Abating the tax levied for the year 2024 to pay the principal of and interest on the $5,575,000 General Obligation Bonds (Alternate Revenue Source), Series 2015A – authorize the Mayor and City Clerk to execute b. Ordinance 2024-59 Abating the tax levied for the year 2024 to pay the principal of and interest on the $1,235,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2014 – authorize the Mayor and City Clerk to execute c. Ordinance 2024-60 Abating the tax levied for the year 2024 to pay the principal of and interest on the $4,295,000 General Obligation Bonds (Alternate Revenue Source), Series 2014A – authorize the Mayor and City Clerk to execute d. Ordinance 2024-61 Abating the tax levied for the year 2024 to pay the principal of and interest on the $8,250,000 General Obligation Bonds (Alternate Revenue Source), Series 2021 – authorize the Mayor and City Clerk to execute e. Ordinance 2024-62 Abating the tax levied for the year 2024 to pay the principal of and interest on the $5,170,000 General Obligation Bonds (Alternate Revenue Source), Series 2022 – authorize the Mayor and City Clerk to execute f. Ordinance 2024-63 Abating the tax hereto levied for the year 2024 to pay debt service on General Obligation Bonds (Alternate Revenue Source), Series 2023A – authorize the Mayor and City Clerk to execute 7. Special Service Area Abatement Ordinances (ADM 2024-52) a. Ordinance 2024-64 Abating Special Service Area Taxes for Special Service Area Number 2003-100 (Raintree Village Project) and Approving the Amended Special Tax Roll – authorize the Mayor and City Clerk to execute b. Ordinance 2024-65 Abating Special Service Area Taxes for Special Service Area Number 2003-101 (Windett Ridge Project) and Approving the Amended Special Tax Roll – authorize the Mayor and City Clerk to execute c. Ordinance 2024-66 Abating Special Service Area Taxes for Special Service Area Number 2004-104 (Central Grande Reserve) and Approving the Amended Special Tax Roll – authorize the Mayor and City Clerk to execute d. Ordinance 2024-67 Abating Special Service Area Taxes for Special Services Area Number 2004-107 (Raintree Village II Project) – authorize the Mayor and City Clerk to execute e. Ordinance 2024-68 Abating Special Service Area Taxes for Special Service Area Numbers 2005-108 and 2005-109 Special Tax Refunding Bonds, Series 2016 (Autumn Creek Project and Bristol Bay I Project) – authorize the Mayor and City Clerk to execute 8. Ordinance 2024-69 for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2025 and Ending April 30, 2026 in and for Special Service Area Number 2004- 201 (Fox Hill) – authorize the Mayor and City Clerk to execute (ADM 2024-53) 9. Ordinance 2024-70 for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2025 and Ending April 30, 2026 in and for Special Service Area Number 2006- 119 (Sunflower Estates) – authorize the Mayor and City Clerk to execute (ADM 2024-54) The Minutes of the Regular Meeting of the City Council – November 26, 2024 – Page 3 of 6 Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Koch; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye REPORTS MAYOR’S REPORT Tax Levy (CC 2024-89) Resolution 2024-57 Requesting Separate Limiting Rates for all City Funds Ordinance 2024-56 for the Levy and Assessment of Taxes for the Fiscal Year Beginning on May 1, 2025 and Ending on April 30, 2026 Mayor Purcell entertained a motion to approve a Resolution Requesting Separate Limiting Rates for all City Funds and authorize the Mayor and City Clerk to execute and to approve an Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning on May 1, 2025 and Ending on April 30, 2026 and authorize the Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Koch. Alderman Funkhouser shared that he asked City Administrator Olson what would be impacted if the City held the levy flat, which would cause the City to be out $175,000. Alderman Funkhouser said he wants to keep it flat and not take new construction this year. Alderman Corneils stated he would be interested in that. Mayor Purcell said to keep in mind that even if they take the new construction only, there will still be an overall decrease. Alderman Plocher said he has no problem taking the new construction as we’ve done that for many years. Alderman Transier asked what the approximate savings would be, which Alderman Funkhouser said was minimal. Alderman Funkhouser said the school and forest preserve are both taking 5% increases this year. Alderman Funkhouser made a motion to amend the original motion by not taking new construction and keeping the levy flat; seconded by Alderman Corneils. Motion to amend the levy failed by a roll call vote. Ayes-4 Nays-4 Plocher-nay, Funkhouser-aye, Tarulis-aye, Transier-nay, Marek-nay, Corneils-aye, Koch-aye, Mayor Purcell-nay Original motion approved by a roll call vote. Ayes-5 Nays-2 Funkhouser-nay, Tarulis-nay, Transier-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye Resolution 2024-58 Authorizing the Donation of Certain Used Playground Equipment to Kids Around the World, a Not-For-Profit Entity (Rotary Park) (CC 2024-90) Mayor Purcell entertained a motion to approve a Resolution Authorizing the Donation of Certain Used Playground Equipment to Kids Around the World, a Not-For-Profit Entity (Rotary Park) and authorize Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-7 Nays-0 Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye Ordinance Amending Yorkville City Code Section 2-9-2 Regarding Planning and Zoning Commission Membership (CC 2024-91) Mayor Purcell entertained a motion to approve an Ordinance Amending Yorkville City Code Section 2-9- 2 Regarding Planning and Zoning Commission Membership and authorize Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Marek. The Minutes of the Regular Meeting of the City Council – November 26, 2024 – Page 4 of 6 Mayor Purcell reported to the Council that the Planning and Zoning Commission has seven members; in the past, we have had challenges filling it. Before PZC, the Plan Commission allowed members to live outside city limits, within 1 ½ miles of the corporate limit area. We currently have someone who just moved out of the City, and they would like to stay on the commission. This code amendment would allow only one commission member to live outside the City’s limit. This amendment would only allow them to reside 0.5 miles outside the corporate limit area. Alderman Funkhouser shared that he understands the benefits and that the state does allow this, but he thinks it’s beneficial to have its residents only. Community Development Director Barksdale-Noble shared that the Plan Commission has had a sitting member since 2016 who did not live within the city limits. Alderman Marek said he prefers to have people living within city limits only. Alderman Tarulis asked if we could improve the recruiting efforts. Alderman Funkhouser stated that the current member knowingly moved out of the City. He asked if the City could add vacancies to the water bill flyers. Alderman Marek asked if meetings had to be canceled due to a lack of quorum, which Community Development Director Barksdale-Noble had said in years past. After discussion by the Council, Alderman Transier withdrew his motion, and Alderman Marek withdrew his second to the motion. Ordinance 2024-57 Approving a Water Easement Agreement with Commonwealth Edison Company (Timber Ridge) (CC 2024-92) Mayor Purcell entertained a motion to approve an Ordinance Approving a Water Easement Agreement with Commonwealth Edison Company (Timber Ridge) and authorize Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-7 Nays-0 Transier-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye PUBLIC WORKS COMMITTEE REPORT Resolution 2024-59 Approving an Engineering Agreement with Engineering Enterprises, Inc. (Kennedy Road Roadway Improvements – Phase I Engineering Agreement) (PW 2024-94) Alderman Koch made a motion to approve a Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Kennedy Road Roadway Improvements – Phase I Engineering Agreement) and authorize the Mayor and City Clerk to execute; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-7 Nays-0 Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye Resolution 2024-60 Authorizing the Purchase of 1243 Replacement Water Meters in an Amount Not to Exceed $735,093 (PW 2024-98) Alderman Koch made a motion to approve a Resolution Authorizing the Purchase of 1243 Replacement Water Meters in an Amount Not to Exceed $735,093 and authorize the Mayor and City Clerk to execute; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-7 Nays-0 Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Marek-aye Resolution 2024-61 Approving a Quote for Certain Improvements to the Rob Roy Drainage Ditch in an Amount Not to Exceed $124,715 (PW 2024-99) Alderman Koch made a motion to approve a Resolution Approving a Quote for Certain Improvements to the Rob Roy Drainage Ditch in an Amount Not to Exceed $124,715 and authorize the Mayor and City Clerk to execute; seconded by Alderman Marek. Public Works Director Dhuse reported to the Council that this work will be done by the end of the calendar year. There will also be around $70,000 left of the grant that will be returned to the County. Alderman Transier asked if this was related to the settlement. Director Dhuse mentioned that this is above The Minutes of the Regular Meeting of the City Council – November 26, 2024 – Page 5 of 6 and beyond the settlement. Alderman Funkhouser shared with the Council that he believes this was just a pass of funds and that the City should pass the funds back to the County for them to facilitate. Motion approved by a roll call vote. Ayes-6 Nays-1 Koch-aye, Plocher-aye, Funkhouser-nay, Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Resolution 2024-62 Authorizing the Purchase of Two Ford Interceptor Sports Utility Vehicles from Marrow Brothers Ford, Inc., in an Amount Not to Exceed $154,452 (PS 2024-17) Alderman Transier made a motion to approve a Resolution Authorizing the Purchase of Two Ford Interceptor Sports Utility Vehicles from Marrow Brothers Ford, Inc., in an Amount Not to Exceed $154,452 and authorize the Mayor and City Clerk to execute; seconded by Alderman Tarulis. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye, Koch-aye Resolution 2024-63 Approving an Intergovernmental Agreement Between Yorkville Community Unit School District 115 and the United City of Yorkville (School Resource Officer) (PS 2024-18) Alderman Transier made a motion to approve a Resolution Approving an Intergovernmental Agreement Between Yorkville Community Unit School District 115 and the United City of Yorkville (School Resource Officer) and authorize the Mayor and City Clerk to execute; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye ADMINISTRATION COMMITTEE REPORT Resolution 2024-64 Approving Liability, Cyber, and Worker’s Compensation Insurance Coverage for Calendar Year 2025 (ADM 2024-50) Alderman Marek made a motion to approve a Resolution Approving Liability, Cyber, and Worker’s Compensation Insurance Coverage for the Calendar Year 2025 and authorize the Mayor and City Clerk to execute; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-7 Nays-0 Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye Please note: Administration Committee Reports #2, #3, #4, and #5 were moved to the Consent Agenda. See Amendments to the Agenda. PARK BOARD No report. PLANNING AND ZONING COMMISSION Ordinance 2024-71 Approving the Final Plat of Subdivisions for Grande Reserve Units 18 & 25 (PZC 2024-27 & EDC 2024-79) Mayor Purcell entertained a motion to approve an Ordinance Approving the Final Plat of Subdivisions for Grande Reserve Units 18 & 25 and authorize Mayor and City Clerk to execute. So moved by Alderman Koch; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye, Koch-aye The Minutes of the Regular Meeting of the City Council – November 26, 2024 – Page 6 of 6 Ordinance 2024-72 Approving the Final Plat of Subdivisions for Grande Reserve Unit 21 (PZC 2024-28 & EDC 2024-80) Mayor Purcell entertained a motion to approve an Ordinance Approving the Final Plat of Subdivisions for Grande Reserve Units 21 and authorize Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT Shop with a Cop Chief of Police Jensen reported that on Monday, December 2nd, the Yorkville Police Department will have its annual Shop with a Cop event with the Kiwanis Club of Yorkville. They are shopping for around 35 kids this year. Then, on December 5th at City Hall, they will hold a few sessions for the kids to visit with Santa. STAFF REPORT No report. MAYOR’S REPORT (cont’d) City Building Updates (CC 2021-04) No update. Water Study Update (CC 2021-38) No update. ADDITIONAL BUSINESS None. CITIZEN COMMENTS None. EXECUTIVE SESSION None. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Plocher; seconded by Alderman Funkhouser. Motion unanimously approved by a viva voce vote. Meeting adjourned at 7:51 p.m. Minutes submitted by: Jori Behland, City Clerk, City of Yorkville, Illinois 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 Minutes of the Regular City Council – December 10, 2024 City Council – January 14, 2025 Majority Approval Approval of Minutes Jori Behland Administration Name Department MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 651 PRAIRIE POINTE DRIVE ON TUESDAY, DECEMBER 10, 2024 Mayor Purcell called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Behland called the roll. Ward I Koch Present Transier Present Ward II Plocher Present Soling Present Ward III Funkhouser Present Marek Present Ward IV Tarulis Present Corneils Present Staff in attendance at City Hall: City Clerk Behland, City Administrator Olson, Chief of Police Jensen, Attorney Castaldo, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, and EEI Engineer Sanderson. Members of the public were able to attend this meeting in person as well as being able to access the meeting remotely via Zoom which allowed for video, audio, and telephonic participation. A meeting notice was posted on the City’s website on the agenda, minutes, and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: https://us02web.zoom.us/j/84265410253?pwd=Jf6ee2k7vb5haLoPBDMvOWNcgNKKfd.1. The Zoom meeting ID was 842 6541 0253. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Check Presentations a. Yorkville American Legion Flags of Valor Parks and Recreation Director Evans shared with the Council that the Legion’s Commander was not present; therefore, they will look at a different date for them to return. b. Knights of Columbus Holiday Runs Parks and Recreation Director Evans presented a check to the Knights of Columbus for their help during this year's holiday runs. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Minutes of the Regular City Council – November 12, 2024 2. Bill Payments for Approval $ 2,983,032.91 (vendors) $ 979,932.70 (wire payments) $ 420,061.51 (payroll period ending 11/22/24) $ 4,383,027.12 (total) The Minutes of the Regular Meeting of the City Council – December 10, 2024 – Page 2 of 7 3. Ordinance 2024-73 Approving an Amendment to an Intergovernmental Cooperative Agreement Between the United City of Yorkville, Kendall County, and the City of Plano Governing the Reconstruction of Eldamain Road – authorize the Mayor and City Clerk to execute (EDC 2024-86) Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Soling; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye REPORTS MAYOR’S REPORT Meeting Schedule for 2025 (CC 2024-93) Mayor Purcell entertained a motion to approve the meeting schedule for 2025 as presented. So moved by Alderman Koch; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye Appointment to the Library Board – Sharon Mix (CC 2024-94) Mayor Purcell entertained a motion to approve the Mayor’s appointment of Sharon Mix to the Library Board for a term ending May 2027. So moved by Alderman Corneils; seconded by Alderman Transier. Motion unanimously approved by a viva voce vote. Resolution 2024-65 Approving a Service Agreement Between Kendall County and the United City of Yorkville for the Provision of Demand-Response Transportation (CC 2024-95) Mayor Purcell entertained a motion to approve a Resolution Approving a Service Agreement Between Kendall County and the United City of Yorkville for the Provision of Demand-Response Transportation and authorize the Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-8 Nays-0 Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye Ordinance 2024-74 Approving a Lease Agreement for Certain Real Estate in the United City of Yorkville, Kendall County, Illinois (CC 2024-96) Mayor Purcell entertained a motion to approve an Ordinance Approving a Lease Agreement for Certain Real Estate in the United City of Yorkville, Kendall County, Illinois and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Soling. Public Works Director Dhuse stated this is a 12-month lease, then month to month until the new Public Works Facility is finalized. Alderman Funkhouser asked where the funding for the lease was coming from, and Director Dhuse said it was jointly from the water, sewer, and streets fund until May 2025, and then it would be budgeted. Motion approved by a roll call vote. Ayes-8 Nays-0 Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye The Minutes of the Regular Meeting of the City Council – December 10, 2024 – Page 3 of 7 Special Census Cost Estimate (CC 2024-97) Resolution 2024-66 a. Approving a Memorandum of Understanding with the Decennial Census Management Division of the U.S. Census Bureau Mayor Purcell entertained a motion to approve a Resolution Approving a Memorandum of Understanding with the Decennial Census Management Division of the U.S. Census Bureau and authorize the Mayor and City Clerk to execute. So moved by Alderman Tarulis; seconded by Alderman Marek. City Administrator Olson reported that the cost estimate for the special census is $900k, which the City should get back within a year. Alderman Koch asked about the previous estimate being $300k, which City Administrator Olson said that was for a partial census, which is no longer allowed. Finance Director Fredrickson reiterated that if the city had 4,000 new residents, we would see an additional $1 million. It was noted that the next census will not be for another five years. Alderman Transier asked how confident staff is that we are over 25,000 people to obtain home rule status. City Administrator Olson shared that they are fairly confident, and some new housing has not been factored in. There are a few townhouses and more still to apply. Mayor Purcell stated that even if the City is shy of the 25,000, they are still financially ahead no matter the outcome. Alderman Funkhouser stated that with it being a full census, he would not expect us to go lower in population. Motion approved by a roll call vote. Ayes-8 Nays-0 Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye Ordinance 2024-75 b. Authorizing the Third 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 Mayor Purcell entertained a motion to approve an Ordinance Authorizing the Third 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 and authorize the Mayor and City Clerk to execute. So moved by Alderman Koch; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye Municipal Advisor and Bond Counsel Engagement Letters (CC 2024-98) Resolution 2024-67 a. Approving an Agreement for Speer Financial, Inc. as Municipal Debt Issuance Advisor Mayor Purcell entertained a motion to approve a Resolution Approving an Agreement for Speer Financial, Inc. as Municipal Debt Issuance Advisor and authorize the Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-8 Nays-0 Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye Resolution 2024-68 b. Approving an Agreement with Croke Fairchild Duarte & Beres, LLP as Bond Counsel Mayor Purcell entertained a motion to approve a Resolution Approving an Agreement with Croke Fairchild Duarte & Beres, LLP, as Bond Counsel and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Soling. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye The Minutes of the Regular Meeting of the City Council – December 10, 2024 – Page 4 of 7 Resolution 2024-69 Approving an Agreement with Robert W. Baird & Co. as Underwriter for 2025 Series Bond (CC 2024-99) Mayor Purcell entertained a motion to approve a Resolution Approving an Agreement with Robert W. Baird & Co. as Underwriter for 2025 Series Bonds and authorize the Mayor and City Clerk to execute. So moved by Alderman Corneils; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye Ordinance 2024-76 Bond Ordinance (CC 2024-100) Mayor Purcell entertained a motion to approve an Ordinance authorizing and providing for the issuance of one or more series of general obligation alternate revenue bonds in the aggregate principal amount of not to exceed $68,850,000 for the purposes of paying the costs of enhancing the City’s water delivery system, paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility thereon, and refunding certain of the City’s outstanding alternate revenue bonds, authorizing the execution of one or more bond orders, and providing for the imposition of one or more bond orders, and providing for the imposition of taxes to pay the same and for the collection, segregation and distribution of certain City revenues for the payment of said bonds and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye Ordinance 2024-77 Amending Title 6, Chapter 2, Section 6: Restrictions on Overnight Parking and Commercial Vehicle Parking (CC 2024-101) Mayor Purcell entertained a motion to approve an Ordinance Amending Title 6, Chapter 2, Section 6: Restriction on Overnight Parking and Commercial Vehicle Parking and authorize the Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-8 Nays-0 Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye Ordinance 2024-78 Amending the Yorkville City Code (Non-Home Rule Sales Tax) (CC 2024-102) Mayor Purcell entertained a motion to approve an Ordinance Amending the Yorkville City Code (Non- Home Rule Sales Tax) and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Tarulis. Motion approved by a roll call vote. Ayes-8 Nays-0 Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council – December 10, 2024 – Page 5 of 7 PARK BOARD Resolution 2024-70 Authorizing a Contract with BSN Sports for the Purchase of Athletic League Uniforms and Equipment (CC 2024-103) Mayor Purcell entertained a motion to approve a Resolution Authorizing a Contract with BSN Sports for the Purchase of Athletic League Uniforms and Equipment and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-8 Nays-0 Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye Resolution 2024-71 Authorizing the Execution of an Agreement with Pepsi Beverages Company (CC 2024-104) Mayor Purcell entertained a motion to approve a Resolution Authorizing the Execution of an Agreement with Pepsi Beverages Company and authorize the Mayor and City Clerk to execute. So moved by Alderman Koch; seconded by Alderman Soling. Motion approved by a roll call vote. Ayes-8 Nays-0 Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye PLANNING AND ZONING COMMISSION Yorkville Renewables Solar (Nexamp) (PZC 2024-01 & EDC 2024-53) Ordinance 2024-79 a. Approving the Rezoning to the A-1 Agricultural Zoning District of Certain Territory Generally Located at the Southwest Corner of Galena and Route 47 Mayor Purcell entertained a motion to approve an Ordinance Approving the Rezoning to the A-1 Agricultural Zoning District of Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Plocher. Attorney Kramer, who represents Nexamp, shared that Matt Walsh and Dan Nagel were present tonight for any questions the Council may have. Attorney Kramer stated they were at the City Council about a month ago, where they held their public hearing. That same night, the Kendall Area Transit was on the agenda for them to request extra funds from the City for their operations. Attorney Kramer mentioned that if a private business donates to KAT, the state will triple the donation. Nexamp announced they would like to donate $25,000 to KAT, which would come to around $87,500 - $100,000 with the state's contribution. Motion approved by a roll call vote. Ayes-6 Nays-2 Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-nay, Tarulis-nay, Transier-aye, Soling-aye, Marek-aye Ordinance 2024-80 b. Approving a Special Use Permit Allowing Freestanding Solar Energy Systems on Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 Mayor Purcell entertained a motion to approve an Ordinance Approving a Special Use Permit Allowing Freestanding Solar Energy Systems on Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Transier. Motion approved by a roll call vote. Ayes-6 Nays-2 Koch-aye, Plocher-aye, Funkhouser-nay, Tarulis-nay, Transier-aye, Soling-aye, Marek-aye, Corneils-aye The Minutes of the Regular Meeting of the City Council – December 10, 2024 – Page 6 of 7 Ordinance 2024-81 c. Granting a Property Line Setback Variance for Certain Territory Generally Located at the Southwest Corner of Galena Route and Route 47 Mayor Purcell entertained a motion to approve an Ordinance Granting a Property Line Setback Variance for Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 and authorize the Mayor and City Clerk to execute. So moved by Alderman Corneils; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-5 Nays-2 Present-1 Plocher-aye, Funkhouser-nay, Tarulis-nay, Transier-aye, Soling-present, Marek-aye, Corneils-aye, Koch-aye Heartland Meadows West – First Reading (PZC 2024-21 & EDC 2024-77) a. Ordinance Approving an Amendment to a Planned Unit Development for Kendall Marketplace b. Ordinance Approving a Preliminary Plan of Subdivision and Final Planned Unit Development Plan for the Property Located North of Blackberry Shore Lane and Between Northland Land and Cannonball Trail (Heartland Meadows West) Attorney Dan Kramer, who represents Heartland Meadows West, shared with the Council that they have been through the Economic Development Committee, the Planning and Zoning Commission, and extensive staff reviews on this project. He shared that the site presented some difficulties, especially with the water line outside of the City’s easement, but he was able to work with the city’s engineer to ensure everything would fit. Attorney Kramer shared that they believe they have a good plan and hope to receive approval from the Council. Mayor Purcell reminded everyone that this is the 8-acre parcel the City owns. Alderman Funkhouser shared that he wished for many things to be done differently on this project. He explained that the City has plenty of commercial spaces available, and currently, some are adjacent to this project's property, so he disagrees with adding four more commercial lots. He also stated that this area has no SSA. He said this product is excellent but does not want the commercial aspect. He also stated that he wished some of the design criteria had been addressed throughout the process. He believes his comments and the residents' voices in Ward Three are not being heard. Attorney Kramer responded that they always appreciate comments. He said this property has been available for purchase from the City for years. He reported that Markers had already built two developments within the City, Heartland, and Heartland Circle, a beautiful mix of nice residential and commercial offices and a strip center. This strip center holds many asset businesses for the city. They believe these commercial lots will likely be a future doctor's office or medical units. Attorney Kramer said if this is approved at the next City Council meeting, Markers are ready to close on the property. CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT No report. STAFF REPORT Chief Jensen shared that the Shop with a Cop event was this past week. They had 45 kids, which is the most they ever shopped for. He thanked the Kiwanis Club of Yorkville, Casey’s, Target, and Rosati’s for their help and sponsorship. Alderman Funkhouser wanted to thank Chief Jensen, and a special thank you to Sergeant Hart for coordinating and all the officers who participated. He stated it was an outstanding showing of the City’s officers. MAYOR’S REPORT (cont’d) City Building Updates (CC 2021-04) No update. Water Study Update (CC 2021-38) No update. The Minutes of the Regular Meeting of the City Council – December 10, 2024 – Page 7 of 7 ADDITIONAL BUSINESS None. CITIZEN COMMENTS Darren Crawford, a Yorkville resident of Ward 3, said he attended the meeting tonight due to Heartland Meadows West. He believes the commercial outlots do not make sense when Kendall Marketplace is near, where so many storefronts are sitting empty. He shared that others in their subdivision feel the same. Molly Krempski, a Yorkville resident, shared with the Council that she was there to discuss Christmas drag shows. She stated that the founding documents should be the basis for how this government operates. She then read off the IL Constitution. She noted that drag shows are antithetical, maybe even more so when they are Christmas-themed. EXECUTIVE SESSION None ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Soling; seconded by Alderman Marek. Motion unanimously approved by a viva voce vote. Meeting adjourned at 7:48 p.m. Minutes submitted by: Jori Behland, City Clerk, City of Yorkville, Illinois 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 Bills for Payment City Council – January 14, 2025 Majority Approval Amy Simmons Finance Name Department DATE: 12/13/24UNITED CITY OF YORKVILLETIME: 06:31:18MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATEACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------131251 KCR KENDALL COUNTY RECORDER'S 12/06/24401662612/06/24 01 ORDINANCE APPROVING WATER90-174-00-00-001157.0002 EASEMENT AGREEMENT WITH** COMMENT **03 COMED-TIMBER RIDGE** COMMENT **04 102 COUNTRYSIDE LIEN RELEASE25-215-54-00-544857.00INVOICE TOTAL:114.00 *CHECK TOTAL:114.00TOTAL AMOUNT PAID:114.00Page 1 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/09/24 UNITED CITY OF YORKVILLE TIME: 13:12:23 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/09/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541794 KNIGHTS KNIGHTS OF COLUMBUS2024 RUDOLPH 12/04/24 01 2024 RUDOLPH RUN/JINGLE JOG 79-795-56-00-5606 750.00INVOICE TOTAL: 750.00 *CHECK TOTAL: 750.00541795 YORKAMER YORKVILLE AMERICAN LEGION2024 FLAGS 12/04/24 01 2024 FLAGS OF VALOR PAYMENT 79-000-24-00-2470 1,500.00INVOICE TOTAL: 1,500.00 *CHECK TOTAL: 1,500.00TOTAL AMOUNT PAID: 2,250.00Page 2 of 71 DATE: 12/11/24TIME: 13:21:59UNITED CITY OF YORKVILLECHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/12/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003883 BEAVERST VERNNE L. HENNEPYMT#112/11/24 01 1203 BADGER PYMT #1-DEC 2024 51-510-54-00-5485833.3402 1203 BADGER PYMT #1-DEC 2024 52-520-54-00-5485833.3303 1203 BADGER PYMT #1-DEC 2024 01-410-54-00-5485833.33INVOICE TOTAL:2,500.00 *DIRECT DEPOSIT TOTAL:2,500.00TOTAL CHECKS PAID:0.00TOTAL DEPOSITS PAID:2,500.00TOTAL AMOUNT PAID:2,500.00Page 3 of 71 DATE: 12/19/24 UNITED CITY OF YORKVILLE TIME: 13:33:59 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------131252 KCR KENDALL COUNTY RECORDER'S 12/13/244017094 12/13/24 01 ORDINANCE APPROVING REZONING 90-212-00-00-0011 57.0002 ORDINANCE APPROVING SPECIAL 90-212-00-00-0011 57.0003 USE PERMIT ** COMMENT **04 ORDINANCE GRANTING PROPERTY 90-212-00-00-0011 57.0005 LINE SETBACK VARIANCE ** COMMENT **INVOICE TOTAL: 171.00 *CHECK TOTAL: 171.00TOTAL AMOUNT PAID: 171.00Page 4 of 71 DATE: 12/19/24 UNITED CITY OF YORKVILLE TIME: 13:45:35 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------131253 KCR KENDALL COUNTY RECORDER'S 12/17/244017208 12/17/24 01 ANNEXATION ORDINANCE 90-229-00-00-0011 57.0002 ANNEXATION ORDINANCE 90-229-00-00-0011 57.0003 REZONING ORDINANCE 90-229-00-00-0011 57.00INVOICE TOTAL: 171.00 *CHECK TOTAL: 171.00TOTAL AMOUNT PAID: 171.00Page 5 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541799 AACVB AURORA AREA CONVENTION10/24-SUPER 12/05/24 01 OCT 2024 SUPER 8 HOTEL TAX 01-640-54-00-5481 1,691.09INVOICE TOTAL: 1,691.09 *CHECK TOTAL: 1,691.09541800 AEPENERG AEP ENERGY3025129054-112024 11/20/24 01 10/17-11/15 2702 MILL RD 51-510-54-00-5480 7,842.97INVOICE TOTAL: 7,842.97 *CHECK TOTAL: 7,842.97541801 AHEADPUB AHEAD OF OUR TIME PUBLISHING17548 11/06/24 01 ANNUAL SUBSCRIPTION RENEWAL 01-110-54-00-5460 500.00INVOICE TOTAL: 500.00 *CHECK TOTAL: 500.00541802 ALLIANT ALLIANT INSURANCE SERVICES INC2879803 12/02/24 01 LIQUOR LIABILITY POLICY 01-110-54-00-5462 1,250.0002 RENEWAL ** COMMENT **INVOICE TOTAL: 1,250.00 *CHECK TOTAL: 1,250.00541803 ALLIANT ALLIANT INSURANCE SERVICES INC2902407 12/02/24 01 2024 LIABILITY INS SERVICE FEE 01-640-52-00-5231 9,382.2702 2024 LIABILITY INS SERVICE FEE 01-640-52-00-5231 1,950.8003 2024 LIABILITY INS SERVICE FEE 51-510-52-00-5231 1,034.5604 2024 LIABILITY INS SERVICE FEE 52-520-52-00-5231 495.9305 2024 LIABILITY INS SERVICE FEE 82-820-52-00-5231 777.65Page 6 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541803 ALLIANT ALLIANT INSURANCE SERVICES INC2902407 12/02/24 06 2024 LIABILITY INS SERVICE FEE 01-000-14-00-1400 19,048.8507 2024 LIABILITY INS SERVICE FEE 01-000-14-00-1400 3,960.7108 2024 LIABILITY INS SERVICE FEE 01-000-14-00-1400 1,578.8609 2024 LIABILITY INS SERVICE FEE 51-000-14-00-1400 2,100.4810 2024 LIABILITY INS SERVICE FEE 52-000-14-00-1400 1,006.89INVOICE TOTAL: 41,337.00 *CHECK TOTAL: 41,337.00541804 ALTORFER ALTORFER INDUSTRIES, INCP6AC0115274 11/21/24 01 COOLANT 52-520-56-00-5613 139.39INVOICE TOTAL: 139.39 *CHECK TOTAL: 139.39541805 ATT AT&T6305536805-1124 11/25/24 01 11/25-12/24 RIVERFRONT PARK 79-795-54-00-5440 232.05INVOICE TOTAL: 232.05 *CHECK TOTAL: 232.05541806 BATTERYS BATTERY SERVICE CORPORATION0115398 11/22/24 01 3 BATTERIES 01-410-56-00-5628 323.85INVOICE TOTAL: 323.85 *CHECK TOTAL: 323.85541807 BCBS BLUE CROSS BLUE SHIELDF015083-JAN 2025 12/05/24 01 DEARBORN/BCBS EAP-JAN 2025 FEE 01-110-52-00-5222 6.3502 DEARBORN/BCBS EAP-JAN 2025 FEE 01-120-52-00-5222 4.23Page 7 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541807 BCBS BLUE CROSS BLUE SHIELDF015083-JAN 2025 12/05/24 03 DEARBORN/BCBS EAP-JAN 2025 FEE 01-210-52-00-5222 50.7604 DEARBORN/BCBS EAP-JAN 2025 FEE 01-220-52-00-5222 11.6305 DEARBORN/BCBS EAP-JAN 2025 FEE 01-410-52-00-5222 9.2906 DEARBORN/BCBS EAP-JAN 2025 FEE 24-216-52-00-5222 2.8207 DEARBORN/BCBS EAP-JAN 2025 FEE 51-510-52-00-5222 11.3808 DEARBORN/BCBS EAP-JAN 2025 FEE 52-520-52-00-5222 4.3509 DEARBORN/BCBS EAP-JAN 2025 FEE 79-790-52-00-5222 16.2210 DEARBORN/BCBS EAP-JAN 2025 FEE 79-795-52-00-5222 11.2811 DEARBORN/BCBS EAP-JAN 2025 FEE 82-820-52-00-5222 7.05INVOICE TOTAL: 135.36 *CHECK TOTAL: 135.36541808 CAMBRIA CAMBRIA SALES COMPANY INC.43983 11/13/24 01 PAPER TOWEL 79-790-56-00-5620 108.54INVOICE TOTAL: 108.54 *43995 12/02/24 01 PAPER TOWEL 52-520-56-00-5610 108.54INVOICE TOTAL: 108.54 *CHECK TOTAL: 217.08541809 COMED COMMONWEALTH EDISON0228182000-1124 12/02/24 01 10/28-11/25 VAN EMMON LOT 01-110-54-00-5480 22.23INVOICE TOTAL: 22.23 *1135300100-1124 11/26/24 01 10/28-11/25 456 KENNEDY 52-520-54-00-5480 81.42INVOICE TOTAL: 81.42 *1870344000-1124 11/27/24 01 10/30-11/27 COUNTRYSIDE PKW PK 79-795-54-00-5480 32.17INVOICE TOTAL: 32.17 *1951034000-1124 12/03/24 01 10/08-11/06 RT34 & BEECHER 23-230-54-00-5482 103.87INVOICE TOTAL: 103.87 *Page 8 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541809 COMED COMMONWEALTH EDISON3131491222-1124 12/02/24 01 10/29-11/26 BRUELL ST PUMP 51-510-54-00-5480 468.20INVOICE TOTAL: 468.20 *3387801111-1124 11/25/24 01 10/25-11/23 872 PRAIRIE 79-795-54-00-5480 287.40INVOICE TOTAL: 287.40 *3852534000-1124 11/23/24 01 10/25-11/23 RT126 & SCHLHS RD 23-230-54-00-5482 101.29INVOICE TOTAL: 101.29 *3897838000-1124 12/02/24 01 10/29-11/26 609 N BRIDGE 51-510-54-00-5480 46.46INVOICE TOTAL: 46.46 *8273737000-1124 11/25/24 01 10/28-11/25 104 E VAN EMMON 01-110-54-00-5480 286.36INVOICE TOTAL: 286.36 *8507242000-1124 11/27/24 01 10/29-11/26 7 COUNTRYSIDE PKWY 23-230-54-00-5482 212.26INVOICE TOTAL: 212.26 *9810925111-1124 11/26/24 01 10/28-11/25 276 WINDHAM LIFT 51-510-54-00-5480 138.08INVOICE TOTAL: 138.08 *CHECK TOTAL: 1,779.74541810 CONTELEC CONSTELLATION TELECOM3104 12/01/24 01 DEC 2024 ADMIN LINES 01-110-54-00-5440 241.0802 DEC 2024 PUBLIC WORKS LINES 51-510-54-00-5440 421.8903 DEC 2024 SEWER DEPT. LINES 52-520-54-00-5440 241.0804 DEC 2024 REC DEPT. LINES 79-795-54-00-5440 241.0805 DEC 2024 TRAFFIC SIGNAL 01-410-54-00-5435 60.2706 MAINTENANCE ** COMMENT **INVOICE TOTAL: 1,205.40 *CHECK TOTAL: 1,205.40Page 9 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541811 DCONST D. CONSTRUCTION, INC.2400026.3F 12/04/24 01 ENGINEERS PAYMENT ESTIMATE 3 23-230-60-00-6025 192,555.7402 FOR 2024 MFT ROAD PROGRAM ** COMMENT **INVOICE TOTAL: 192,555.74 *CHECK TOTAL: 192,555.74541812 DELAGE DLL FINANCIAL SERVICES INC83295229 12/02/24 01 JAN 2025 COPIER LEASE 82-820-54-00-5462 536.75INVOICE TOTAL: 536.75 *CHECK TOTAL: 536.75541813 DUTEK THOMAS & JULIE FLETCHER1025241 11/22/24 01 HOSE ASSEMBLY 01-410-56-00-5628 77.00INVOICE TOTAL: 77.00 *CHECK TOTAL: 77.00541814 EEI ENGINEERING ENTERPRISES, INC.81503 10/01/24 01 LOT 1-FOUNTAIN VILLAGE 90-211-00-00-0111 760.50INVOICE TOTAL: 760.50 *CHECK TOTAL: 760.50541815 EEI ENGINEERING ENTERPRISES, INC.81976 11/26/24 01 SOUTHERN SANITARY SEWER 52-520-60-00-6024 2,971.5702 CONNECTIONS-LP ** COMMENT **INVOICE TOTAL: 2,971.57 *81977 11/26/24 01 QUIK TRIP GAS STATION 90-208-00-00-0111 1,427.00INVOICE TOTAL: 1,427.00 *CHECK TOTAL: 4,398.57Page 10 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541816 EEI ENGINEERING ENTERPRISES, INC.81978 11/26/24 01 CENTER ST WATER MAIN EXTENSION 51-510-60-00-6025 5,722.50INVOICE TOTAL: 5,722.50 *CHECK TOTAL: 5,722.50541817 EEI ENGINEERING ENTERPRISES, INC.81979 11/26/24 01 WELL #7 WTP ELECTRICAL 51-510-60-00-6068 324.0002 IMPROVEMENTS ** COMMENT **INVOICE TOTAL: 324.00 *81980 11/26/24 01 KENDALL MARKETPLACE-LOT 52 90-154-00-00-0111 3,586.0002 PHASE 4 ** COMMENT **INVOICE TOTAL: 3,586.00 *81981 11/26/24 01 LAKE MICHIGAN-WIFIA LOAN AP 51-510-60-00-6011 2,059.75INVOICE TOTAL: 2,059.75 *81982 11/26/24 01 CITY OF YORKVILLE-GENERAL 01-640-54-00-5465 4,504.00INVOICE TOTAL: 4,504.00 *81983 11/26/24 01 MUNICIPAL ENGINEERING SERVICES 01-640-54-00-5465 1,900.00INVOICE TOTAL: 1,900.00 *81984 11/26/24 01 CORNEILS RD SOLAR/BEECHER RD 90-216-00-00-0111 403.0002 SOLAR ** COMMENT **INVOICE TOTAL: 403.00 *81985 11/26/24 01 GRANDE RESERVE-UNIT 21 90-222-00-00-0111 184.00INVOICE TOTAL: 184.00 *CHECK TOTAL: 12,960.75541818 EEI ENGINEERING ENTERPRISES, INC.Page 11 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541818 EEI ENGINEERING ENTERPRISES, INC.81986 11/26/24 01 2024 LOCAL ROAD 23-230-60-00-6028 90,444.0002 PROGRAM-SUPPLEMENTAL ** COMMENT **INVOICE TOTAL: 90,444.00 *CHECK TOTAL: 90,444.00541819 EEI ENGINEERING ENTERPRISES, INC.81987 11/26/24 01 GRANDE RESERVE-UNITS 18 & 25 90-228-00-00-0111 1,327.00INVOICE TOTAL: 1,327.00 *81988 11/26/24 01 UTILITY PERMIT REVIEWS 01-640-54-00-5465 346.50INVOICE TOTAL: 346.50 *81989 11/26/24 01 GRANDE RESERVE-AVANTI 01-640-54-00-5465 1,970.50INVOICE TOTAL: 1,970.50 *81990 11/26/24 01 PRESTWICK 01-640-54-00-5465 470.00INVOICE TOTAL: 470.00 *81991 11/26/24 01 GRANDE RESERVE-UNIT 8 01-640-54-00-5465 1,196.00INVOICE TOTAL: 1,196.00 *81992 11/26/24 01 WINDETT RIDGE-UNIT 2 90-048-48-00-0111 94.00INVOICE TOTAL: 94.00 *81993 11/26/24 02 YBSD SSES ANALYSIS 01-640-54-00-5465 4,347.00INVOICE TOTAL: 4,347.00 *81994 11/26/24 01 PAVEMENT MANAGEMENT UPDATE 23-230-54-00-5465 11,790.00INVOICE TOTAL: 11,790.00 *81995 11/26/24 01 LM-NORTH RECEIVING STATION 51-510-60-00-6011 26,135.50INVOICE TOTAL: 26,135.50 *Page 12 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541819 EEI ENGINEERING ENTERPRISES, INC.81996 11/26/24 01 LM-SOUTH RECEIVING STATION 51-510-60-00-6011 16,127.50INVOICE TOTAL: 16,127.50 *81997 11/26/24 01 LM-SOUTH RECEIVING STATION 51-510-60-00-6011 4,350.0002 STANDPIPE ** COMMENT **INVOICE TOTAL: 4,350.00 *81998 11/26/24 01 LM-NORTHWEST ELEVATED WATER 51-510-60-00-6011 14,974.0002 STORAGE TANK ** COMMENT **INVOICE TOTAL: 14,974.00 *81999 11/26/24 01 LM-RT126 WATER MAIN 51-510-60-00-6011 1,482.0002 IMPROVEMENTS ** COMMENT **INVOICE TOTAL: 1,482.00 *82000 11/26/24 01 GRANDE RESERVE-UNITS 10 & 11 90-223-00-00-0111 22,207.63INVOICE TOTAL: 22,207.63 *82001 11/26/24 01 OLD POST OFFICE-LEGAL 01-640-54-00-5465 1,638.0002 SURVEYING ** COMMENT **INVOICE TOTAL: 1,638.00 *82002 11/26/24 01 2025 WATER MAIN REPLACEMENT 51-510-60-00-6025 37,096.00INVOICE TOTAL: 37,096.00 *82003 11/26/24 01 LM-LAND AQUISITION SERVICES 51-510-60-00-6011 1,077.00INVOICE TOTAL: 1,077.00 *82004 11/26/24 01 YORKVILLE WATER RATE STUDY 51-510-54-00-5465 684.00INVOICE TOTAL: 684.00 *82005 11/26/24 01 STORM WATER BASIN INSPECTIONS 01-640-54-00-5465 598.50INVOICE TOTAL: 598.50 *82006 11/26/24 01 GRANDE RESERVE-UNITS 26 & 27 90-147-00-00-0111 1,883.00INVOICE TOTAL: 1,883.00 *Page 13 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541819 EEI ENGINEERING ENTERPRISES, INC.82007 11/26/24 01 GRANDE RESERVE-UNIT 7 01-640-54-00-5465 2,533.00INVOICE TOTAL: 2,533.00 *82008 11/26/24 01 GRANDE RESERVE-UNITS 15 & 22 01-640-54-00-5465 897.00INVOICE TOTAL: 897.00 *82009 11/26/24 01 KENDALL MARKETPLACE-LOT 52 90-154-00-00-0111 991.0002 PHASE 2 & 3 RESUB ** COMMENT **INVOICE TOTAL: 991.00 *82010 11/26/24 01 YBSD SOLIDS HANDLING 01-640-54-00-5465 380.0002 IMPROVEMENTS ** COMMENT **INVOICE TOTAL: 380.00 *82011 11/26/24 01 GRANDE RESERVE-UNIT 20 01-640-54-00-5465 939.00INVOICE TOTAL: 939.00 *82012 11/26/24 01 GRANDE RESERVE-UNIT 9 01-640-54-00-5465 1,916.00INVOICE TOTAL: 1,916.00 *82013 11/26/24 01 BRIGHT FARMS 90-173-00-00-0111 2,664.00INVOICE TOTAL: 2,664.00 *82014 11/26/24 01 KENDALLWOOD ESTATES-RALLY 90-174-00-00-0111 1,758.00INVOICE TOTAL: 1,758.00 *82015 11/26/24 01 WELL MONITORING DASHBOARDS 01-640-54-00-5465 105.00INVOICE TOTAL: 105.00 *82016 11/26/24 01 BRISTOL BAY-UNIT 13 90-179-00-00-0111 210.00INVOICE TOTAL: 210.00 *82017 11/26/24 01 KENNEDY RD & FREEDOM PLACE 23-230-60-00-6087 324.0002 INTERSECTION IMPROVEMENTS ** COMMENT **INVOICE TOTAL: 324.00 *Page 14 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541819 EEI ENGINEERING ENTERPRISES, INC.82018 11/26/24 01 CALEDONIA - UNIT 3 90-188-00-00-0111 1,476.00INVOICE TOTAL: 1,476.00 *82019 11/26/24 01 GENERAL LAKE MICHIGAN/DWC 01-640-54-00-5465 2,214.0002 COORDINATION ** COMMENT **INVOICE TOTAL: 2,214.00 *82020 11/26/24 01 GRANDE RESERVE-UNIT 4 01-640-54-00-5465 2,402.00INVOICE TOTAL: 2,402.00 *82021 11/26/24 01 GRANDE RESERVE-UNIT 6 01-640-54-00-5465 94.00INVOICE TOTAL: 94.00 *82022 11/26/24 01 LAKE MICHIGAN 51-510-60-00-6011 157.5002 CONNECTION-CORROSION CONTROL ** COMMENT **03 STUDY ** COMMENT **INVOICE TOTAL: 157.50 *CHECK TOTAL: 168,854.63541820 EEI ENGINEERING ENTERPRISES, INC.82023 11/26/24 01 PUBLIC WORKS SITE-BOOMBAH BLVD 24-216-60-00-6042 21,480.00INVOICE TOTAL: 21,480.00 *CHECK TOTAL: 21,480.00541821 EEI ENGINEERING ENTERPRISES, INC.82024 11/26/24 01 NORTHPOINTE SUBDIVISION 90-195-00-00-0111 912.00INVOICE TOTAL: 912.00 *82025 11/26/24 01 WELL #10 AND RAW WATER MAIN 51-510-60-00-6029 8,167.75INVOICE TOTAL: 8,167.75 *Page 15 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541821 EEI ENGINEERING ENTERPRISES, INC.82026 11/26/24 01 GREEN DOOR KELAKA 90-191-00-00-0111 4,550.50INVOICE TOTAL: 4,550.50 *82027 11/26/24 01 2024 WATER MAIN REPLACEMENT-A 51-510-60-00-6025 17,738.50INVOICE TOTAL: 17,738.50 *82028 11/26/24 01 2024 WATER MAIN REPLACEMENT-B 51-510-60-00-6025 510.00INVOICE TOTAL: 510.00 *82029 11/26/24 01 KENDALL COUNTY BLDG-FOX ST 01-640-54-00-5465 502.00INVOICE TOTAL: 502.00 *CHECK TOTAL: 32,380.75541822 EEI ENGINEERING ENTERPRISES, INC.82030 11/26/24 01 ELDAMAIN WATER MAIN LOOP-LP 51-510-60-00-6024 50,202.82INVOICE TOTAL: 50,202.82 *CHECK TOTAL: 50,202.82541823 EEI ENGINEERING ENTERPRISES, INC.82031 11/26/24 01 MARS WRIGLEY YVR EXPANSION 90-235-00-00-0111 663.00INVOICE TOTAL: 663.00 *82032 11/26/24 01 2820 BEECHER SOLAR 90-231-00-00-0111 667.50INVOICE TOTAL: 667.50 *82033 11/26/24 01 WWS NEEDS ASSESSMENT 01-640-54-00-5465 829.5002 CALCULATIONS UPDATE ** COMMENT **INVOICE TOTAL: 829.50 *82034 11/26/24 01 FY 2026 BUDGET 01-640-54-00-5465 4,074.00INVOICE TOTAL: 4,074.00 *Page 16 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541823 EEI ENGINEERING ENTERPRISES, INC.82035 11/26/24 01 PIONEER DEVELOPMENT 01-640-54-00-5465 2,668.00INVOICE TOTAL: 2,668.00 *82036 11/26/24 01 HEARTLAND MEADOWS WEST 90-232-00-00-0111 2,673.50INVOICE TOTAL: 2,673.50 *82037 11/26/24 01 CRIMSON LANE ROW DEDICATION 01-640-54-00-5465 1,341.00INVOICE TOTAL: 1,341.00 *82038 11/26/24 01 DMYF, LLLP 90-234-00-00-0111 387.00INVOICE TOTAL: 387.00 *82039 11/29/24 01 TRAFFIC CONTROL SIGNAGE AND 01-640-54-00-5465 8,022.0002 MARKINGS ** COMMENT **INVOICE TOTAL: 8,022.00 *82040 11/26/24 01 GRANDE RESERVE-UNIT 3 01-640-54-00-5465 2,585.00INVOICE TOTAL: 2,585.00 *CHECK TOTAL: 23,910.50541824 FIRSTNET AT&T MOBILITY287313454005X1203202 11/25/24 01 NOV 2024 MOBILE DEVICES 01-220-54-00-5440 42.2002 NOV 2024 MOBILE DEVICES 51-510-54-00-5440 42.2003 NOV 2024 MOBILE DEVICES 01-110-54-00-5440 42.2004 NOV 2024 MOBILE DEVICES 01-210-54-00-5440 838.0405 NOV 2024 MOBILE DEVICES 79-795-54-00-5440 42.20INVOICE TOTAL: 1,006.84 *CHECK TOTAL: 1,006.84541825 FIRSTNET AT&T MOBILITY287313454207X1203202 11/25/24 01 NOV 2024 MOBILE DEVICES 01-220-54-00-5440 253.20Page 17 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541825 FIRSTNET AT&T MOBILITY287313454207X1203202 11/25/24 02 NOV 2024 MOBILE DEVICES 79-790-54-00-5440 36.2403 NOV 2024 MOBILE DEVICES 79-795-54-00-5440 156.8804 NOV 2024 MOBILE DEVICES 51-510-54-00-5440 235.3205 NOV 2024 MOBILE DEVICES 52-520-54-00-5440 72.48INVOICE TOTAL: 754.12 *CHECK TOTAL: 754.12541826 GARDKOCH GARDINER KOCH & WEISBERGH-2364C-22044 12/12/24 01 KIMBALL HILL I MATTERS 01-640-54-00-5461 246.80INVOICE TOTAL: 246.80 *CHECK TOTAL: 246.80541827 GREGORYK KATELYN GREGORY111324-PDS 12/06/24 01 PDS CONFERENCE MILEAGE 79-795-54-00-5415 195.6402 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 195.64 *CHECK TOTAL: 195.64541828 GROOT GROOT INC13558329T102 12/01/24 01 NOV 2024 REFUSE SERVICE 01-540-54-00-5442 154,663.0702 NOV 2024 SR REFUSE SERVICE 01-540-54-00-5441 4,440.27INVOICE TOTAL: 159,103.34 *CHECK TOTAL: 159,103.34541829 HARRIS HARRIS COMPUTER SYSTEMSFORMXT004044 12/12/24 01 2024 AP TAX FORMS 01-120-56-00-5610 185.70INVOICE TOTAL: 185.70 *Page 18 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541829 HARRIS HARRIS COMPUTER SYSTEMSFORMXT004146 11/27/24 01 2024 PAYROLL TAX FORMS 01-120-56-00-5610 222.58INVOICE TOTAL: 222.58 *MSIXT0000584 11/27/24 01 NOV 2024 MYGOVHUB FEES 01-120-54-00-5462 340.8702 NOV 2024 MYGOVHUB FEES 51-510-54-00-5462 511.3003 NOV 2024 MYGOVHUB FEES 52-520-54-00-5462 150.38INVOICE TOTAL: 1,002.55 *CHECK TOTAL: 1,410.83541830 HIGHSTAR HIGH STAR TRAFFIC9992 12/09/24 01 10 POST DELINEATORS 23-230-56-00-5619 1,240.00INVOICE TOTAL: 1,240.00 *CHECK TOTAL: 1,240.00541831 IMPERINV IMPERIAL INVESTMENTSOCT 2024-REBATE 12/09/24 01 OCT 2024 BUSINESS DIST.REBATE 01-000-24-00-2488 2,217.59INVOICE TOTAL: 2,217.59 *CHECK TOTAL: 2,217.59541832 INTERDEV INTERDEV, LLCMSP-1047362 11/30/24 01 IT BILLING FOR NOV 2024 01-640-54-00-5450 19,960.17INVOICE TOTAL: 19,960.17 *CHECK TOTAL: 19,960.17541833 IPWMAN ILLINOIS PUBLIC WORKS2711 12/02/24 01 MEMBERSHIP RENEWAL 51-510-54-00-5460 250.00INVOICE TOTAL: 250.00 *CHECK TOTAL: 250.00Page 19 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541834 JIMSTRCK JIM'S TRUCK INSPECTION LLC205089 08/29/24 01 TRUCK INSPECTION 01-410-54-00-5490 43.00INVOICE TOTAL: 43.00 *20621 10/28/24 01 TRUCK INSPECTION 01-410-54-00-5490 43.00INVOICE TOTAL: 43.00 *206222 10/28/24 01 TRUCK INSPECTION 01-410-54-00-5490 43.00INVOICE TOTAL: 43.00 *206223 10/28/24 01 TRUCK INSPECTION 01-410-54-00-5490 43.00INVOICE TOTAL: 43.00 *206224 10/28/24 01 TRUCK INSPECTION 01-410-54-00-5490 43.00INVOICE TOTAL: 43.00 *206225 10/28/24 01 TRUCK INSPECTION 01-410-54-00-5490 65.00INVOICE TOTAL: 65.00 *206226 10/28/24 01 TRUCK INSPECTION 01-410-54-00-5490 43.00INVOICE TOTAL: 43.00 *206889 12/06/24 01 TRUCK INSPECTION 79-790-54-00-5495 43.00INVOICE TOTAL: 43.00 *206909 12/09/24 01 TRUCK INSPECTION 79-790-54-00-5495 43.00INVOICE TOTAL: 43.00 *206919 12/09/24 01 TRUCK INSPECTION 79-790-54-00-5495 41.00INVOICE TOTAL: 41.00 *CHECK TOTAL: 450.00541835 KCGIS KENDALL COUNTY GISKCGIS-YRKVL-FY24-Q4 12/09/24 01 9/1/24-11/30/24 QUARTERLY 01-220-54-00-5462 930.00Page 20 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541835 KCGIS KENDALL COUNTY GISKCGIS-YRKVL-FY24-Q4 12/09/24 02 BILLING ** COMMENT **INVOICE TOTAL: 930.00 *CHECK TOTAL: 930.00541836 KCHIGHWA KENDALL COUNTY HIGHWAY DEPT.2025 IGLOO 12/01/24 01 SALT IGLOO 2025 ANNUAL 01-410-54-00-5462 250.0002 MAINTENANCE FEE ** COMMENT **INVOICE TOTAL: 250.00 *CHECK TOTAL: 250.00541837 KENCOM KENCOM PUBLIC SAFETY DISPATCH647 12/04/24 01 SEPT-NOV 2024 IP FLEXIBLE 01-640-54-00-5449 115.5602 REACH FEES ** COMMENT **INVOICE TOTAL: 115.56 *CHECK TOTAL: 115.56541838 KENDCROS KENDALL CROSSING, LLCBD REBATE 10/24 12/09/24 01 OCT 2024 BUSINESS DIST.REBATE 01-000-24-00-2487 6,234.25INVOICE TOTAL: 6,234.25 *CHECK TOTAL: 6,234.25541839 KENDEDC KENDALL COUNTYYORK DRAINAGE ARPA 12/09/24 01 REMAINING ROB ROY DRAINAGE 23-000-24-00-2434 80,404.7202 DISTRICT DEPOSIT ** COMMENT **INVOICE TOTAL: 80,404.72 *CHECK TOTAL: 80,404.72Page 21 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541840 KLUBER KLUBER, INC9315 11/30/24 01 CITY OF YORKVILLE PUBLIC 24-216-60-00-6042 240,413.7002 WORKS & PARK MAINTENANCE ** COMMENT **03 BUILDING COMPLETED WORK ** COMMENT **INVOICE TOTAL: 240,413.70 *CHECK TOTAL: 240,413.70541841 MARCO MARCO TECHNOLOGIES LLC543419402 11/26/24 01 11/20-12/20 COPIER LEASE 01-110-54-00-5485 259.2902 11/20-12/20 COPIER LEASE 01-120-54-00-5485 259.2703 11/20-12/20 COPIER LEASE 01-220-54-00-5485 518.5804 11/20-12/20 COPIER LEASE 01-210-54-00-5485 663.7305 11/20-12/20 COPIER LEASE 51-510-54-00-5485 51.4706 11/20-12/20 COPIER LEASE 01-410-54-00-5485 51.4707 11/20-12/20 COPIER LEASE 52-520-54-00-5485 51.4608 11/20-12/20 COPIER LEASE 79-795-54-00-5485 259.2909 11/20-12/20 COPIER LEASE 79-790-54-00-5485 154.38INVOICE TOTAL: 2,268.94 *CHECK TOTAL: 2,268.94541842 MARTENSO MARTENSON TURF PRODUCTS97223 10/04/24 01 DYLOX GRANULARS 79-790-56-00-5646 984.30INVOICE TOTAL: 984.30 *97236 10/07/24 01 DYLOX GRANULARS 79-790-56-00-5646 3,474.00INVOICE TOTAL: 3,474.00 *CHECK TOTAL: 4,458.30541843 MIDWSALT MIDWEST SALTP477644 11/20/24 01 BULK ROCK SALT 51-510-56-00-5638 3,310.62INVOICE TOTAL: 3,310.62 *CHECK TOTAL: 3,310.62Page 22 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541844 MROWCO MATHEWSON RIGHT OF WAY CO,24-0387-02 11/30/24 01 LAKE MICHIGAN WATER SYSTEM 51-510-60-00-6011 12,375.0002 IMPROVEMENT PROJECT ** COMMENT **INVOICE TOTAL: 12,375.00 *CHECK TOTAL: 12,375.00541845 NEOPOST QUADIENT FINANCE USA, INC120524 12/05/24 01 REFILL POSTAGE MACHINE 01-000-14-00-1410 300.00INVOICE TOTAL: 300.00 *CHECK TOTAL: 300.00541846 NICOR NICOR GAS00-41-22-8748 4-1124 12/02/24 01 10/31-12/02 1107 PRAIRIE LN 01-110-54-00-5480 55.65INVOICE TOTAL: 55.65 *15-64-61-3532 5-1124 12/02/24 01 10/31-12/02 1991 CANNONBALL TR 01-110-54-00-5480 54.80INVOICE TOTAL: 54.80 *20-52-56-2042 1-1124 11/27/24 01 10/29-11/27 420 FAIRHAVEN 01-110-54-00-5480 149.90INVOICE TOTAL: 149.90 *23-45-91-4862 5-1124 12/03/24 01 11/01-12/03 101 BRUELL 01-110-54-00-5480 150.15INVOICE TOTAL: 150.15 *37-35-53-1941 1-1124 12/06/24 01 11/06-12/06 185 WOLF ST 01-110-54-00-5480 197.32INVOICE TOTAL: 197.32 *40-52-64-8356 1-1124 12/04/24 01 11/04-12/04 102 E VAN EMMON 01-110-54-00-5480 346.99INVOICE TOTAL: 346.99 *46-69-47-6727 1-1124 12/06/24 01 11/06-12/06 1975 N BRIDGE 01-110-54-00-5480 148.14INVOICE TOTAL: 148.14 *Page 23 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541846 NICOR NICOR GAS61-60-41-1000 9-1124 12/03/24 01 11/01-12/03 610 TOWER 01-110-54-00-5480 470.08INVOICE TOTAL: 470.08 *66-70-44-6942 9-1124 12/06/24 01 11/06-12/06 1908 RAINTREE 01-110-54-00-5480 154.02INVOICE TOTAL: 154.02 *80-56-05-1157 0-1124 12/06/24 01 11/06-12/06 2512 ROSEMONT 01-110-54-00-5480 59.57INVOICE TOTAL: 59.57 *83-80-00-1000 7-1124 12/03/24 01 11/01-12/03 610 TOWER UNIT B 01-110-54-00-5480 183.82INVOICE TOTAL: 183.82 *91-85-68-4012 8-1124 12/04/24 01 10/31-12/02 902 GAME FARM RD 82-820-54-00-5480 1,639.03INVOICE TOTAL: 1,639.03 *CHECK TOTAL: 3,609.47541847 RASLAND R.A.S. LAND MANAGEMENT3770 12/10/24 01 ESTABLISH PROPER GRADING ON 23-230-60-00-6034 124,714.2802 BOTH SIDES OF ROB ROY DRAINAGE ** COMMENT **03 DITCH ** COMMENT **INVOICE TOTAL: 124,714.28 *CHECK TOTAL: 124,714.28541848 RSMITS R. SMITS & SONS120924-2024 LEAF 12/09/24 01 2024 FALL LEAF DISPOSAL 01-540-54-00-5443 8,064.00INVOICE TOTAL: 8,064.00 *CHECK TOTAL: 8,064.00541849 RUSHTRCK RUSH TRUCK CENTERPage 24 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541849 RUSHTRCK RUSH TRUCK CENTER3039730746 12/03/24 01 THERMOSTAT ASSEMBLY 01-410-54-00-5490 135.65INVOICE TOTAL: 135.65 *CHECK TOTAL: 135.65541850 SECSTATE SECRETARY OF STATE2024 MACK PLATES 12/17/24 01 2024 MACK TRUCK PLATES 25-215-60-00-6070 173.00INVOICE TOTAL: 173.00 *CHECK TOTAL: 173.00541851 SENDRAS SAMANTHA SENDRA111324-PDS 12/06/24 01 PDS CONFERENCE MILEAGE 79-795-54-00-5415 195.6402 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 195.64 *CHECK TOTAL: 195.64541852 SENIOR SENIOR SERVICES ASSOCIATES,INC2024 SANTA 11/21/24 01 2024 BREAKFAST WITH SANTA 79-795-56-00-5606 645.0002 PROCEEDS ** COMMENT **INVOICE TOTAL: 645.00 *CHECK TOTAL: 645.00541853 SPEER SPEER FINANCIAL, INC.D11/24-30 11/29/24 01 2024 CONTINUING DISCLOSURE 01-120-54-00-5462 1,000.00INVOICE TOTAL: 1,000.00 *CHECK TOTAL: 1,000.00Page 25 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541854 STANDE STANDARD EQUIPMENT COP00815 11/18/24 01 SONETICS REPAIR 51-510-56-00-5640 226.37INVOICE TOTAL: 226.37 *CHECK TOTAL: 226.37541855 VITOSH CHRISTINE M. VITOSH2258 11/19/24 01 11/12/24 MEETING 90-234-00-00-0011 125.0002 11/12/24 MEETING-TAX LEVY 01-110-54-00-5462 125.00INVOICE TOTAL: 250.00 *2259 11/20/24 01 11/13/24 P & Z MEETING 90-234-00-00-0011 150.0002 11/13/24 P & Z MEETING 90-232-00-00-0011 150.00INVOICE TOTAL: 300.00 *CMV 2271 12/03/24 01 12/02/24 ELECTORAL BOARD 01-110-54-00-5462 687.50INVOICE TOTAL: 687.50 *CHECK TOTAL: 1,237.50541856 WILCOXM CATHERINE B. WILCOX2025 HTD-DEPOSIT 12/04/24 01 2025 HOMETOWN DAYS DEPOSIT 79-000-14-00-1400 2,750.00INVOICE TOTAL: 2,750.00 *CHECK TOTAL: 2,750.00541857 YBSD YORKVILLE BRISTOL133-0-120424 12/04/24 01 08/31-10/31 SANITARY SERVICE 51-510-54-00-5480 94.0002 FOR 610 TOWER ** COMMENT **INVOICE TOTAL: 94.00 *CHECK TOTAL: 94.00Page 26 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541858 YBSD YORKVILLE BRISTOL2024022 12/04/24 01 DEC 2024 LANDFILL EXPENSE 51-510-54-00-5445 19,539.90INVOICE TOTAL: 19,539.90 *CHECK TOTAL: 19,539.90541859 YBSD YORKVILLE BRISTOL32-0-120424 12/04/24 01 08/31-10/31 SANITARY SERVICE 01-110-54-00-5480 94.0002 FOR 102 E VAN EMMON ** COMMENT **INVOICE TOTAL: 94.00 *365-0-120424 12/04/24 01 08/31-10/31 SANITARY SERVICE 01-110-54-00-5480 528.0002 FOR 651 PRAIRIE POINTE ** COMMENT **INVOICE TOTAL: 528.00 *420-0-120424 12/04/24 01 08/31-10/31 SANITARY SERVICE 01-110-54-00-5480 94.0002 FOR 185 WOLF ST ** COMMENT **INVOICE TOTAL: 94.00 *445-0-120424 12/04/24 01 08/31-10/31 SANITARY SERVICE 79-795-54-00-5480 114.0002 FOR 201 W HYDRAULIC ** COMMENT **INVOICE TOTAL: 114.00 *487-0-120424 12/04/24 01 08/31-10/31 SANITARY SERVICE 01-110-54-00-5480 94.0002 FOR 651 PRAIRIE POINTE ** COMMENT **INVOICE TOTAL: 94.00 *CHECK TOTAL: 924.00541860 YOUNGM MARLYS J. YOUNG090324-EDC 09/08/24 01 09/03/24 EDC MEETING MINUTES 01-110-54-00-5462 85.00INVOICE TOTAL: 85.00 *111324-JOINT 11/19/24 01 11/13/24 MEETING MINUTES 01-220-54-00-5462 85.00INVOICE TOTAL: 85.00 *Page 27 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/18/24 UNITED CITY OF YORKVILLE TIME: 07:59:20 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/18/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541860 YOUNGM MARLYS J. YOUNG111324-P&Z 11/25/24 01 11/13/24 P & Z MEETING MINUTES 90-232-00-00-0011 21.2502 11/13/24 P & Z MEETING MINUTES 90-234-00-00-0011 21.2503 11/13/24 P & Z MEETING MINUTES 90-228-00-00-0011 21.2504 11/13/24 P & Z MEETING MINUTES 90-222-00-00-0011 21.25INVOICE TOTAL: 85.00 *111924-PW 11/30/24 01 11/19/24 PW MEETING MINUTES 01-110-54-00-5462 85.00INVOICE TOTAL: 85.00 *112024-ADMIN 12/01/24 01 11/20/24 ADMIN MEETING MINUTES 01-110-54-00-5462 85.00INVOICE TOTAL: 85.00 *112124-PK 12/10/24 01 11/21/24 PARK BOARD MEETING 79-795-54-00-5462 42.5002 MINUTES ** COMMENT **03 11/21/24 PARK BOARD MEETING 79-790-54-00-5462 42.5004 MINUTES ** COMMENT **INVOICE TOTAL: 85.00 *112124-PSC 12/03/24 01 11/21/24 PSC MEETING MINUTES 01-110-54-00-5462 85.00INVOICE TOTAL: 85.00 *CHECK TOTAL: 595.00TOTAL AMOUNT PAID: 1,362,738.67Page 28 of 71 DATE: 12/18/24TIME: 07:30:01UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 12/19/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541797 AKREN NATHAN AKRE12142412/14/24 01 REFEREE79-795-54-00-546250.00INVOICE TOTAL:50.00 *CHECK TOTAL:50.00D003884 OLEARYM MARTIN J. O'LEARY120724-12142412/13/24 01 REFEREE79-795-54-00-5462350.00INVOICE TOTAL:350.00 *DIRECT DEPOSIT TOTAL:350.00D003885 PATTONS SHANE PATTON120724-12142412/13/24 01 REFEREE79-795-54-00-5462220.00INVOICE TOTAL:220.00 *DIRECT DEPOSIT TOTAL:220.00D003886 PAVLIKB ROBERT J. PAVLIK120724-12142412/13/24 01 REFEREE79-795-54-00-5462300.00INVOICE TOTAL:300.00 *DIRECT DEPOSIT TOTAL:300.00D003887 YORKEDU YORKVILLE EDUCATIONALFORE 202412/04/24 01 2024 FORE YORKVILLE GOLF SPLIT 79-795-56-00-56063,770.51INVOICE TOTAL:3,770.51 *DIRECT DEPOSIT TOTAL:3,770.51TOTAL CHECKS PAID: TOTAL DEPOSITS PAID: TOTAL AMOUNT PAID:50.004,690.514,690.51Page 29 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-A.SIMMONS 11/30/24 01 NICOR-10/2-11/1 650 PRAIRIE 01-110-54-00-5440157.4502 POINTE DR** COMMENT **03 KC PRINT-3,000 AP CHECKS01-120-56-00-5610405.1504 ADS-NOV-OCT 2024 ALARM82-820-54-00-54621,742.7605 MONITORING** COMMENT **06 QUADIENT-11/28-02/27 POSTAGE 01-120-54-00-5485241.8007 MACHINE LEASE** COMMENT **08 COMCAST-10/20-11/19 65101-110-54-00-544082.0209 PRAIRIE POINTE INTERNET** COMMENT **10 COMCAST-10/20-11/19 65101-220-54-00-544087.4811 PRAIRIE POINTE INTERNET** COMMENT **12 COMCAST-10/20-11/19 65101-120-54-00-544060.1513 PRAIRIE POINTE INTERNET** COMMENT **14 COMCAST-10/20-11/19 65179-790-54-00-544087.4815 PRAIRIE POINTE INTERNET** COMMENT **16 COMCAST-10/20-11/19 65101-210-54-00-5440437.4217 PRAIRIE POINTE INTERNET** COMMENT **18 COMCAST-10/20-11/19 65179-795-54-00-544087.4919 PRAIRIE POINTE INTERNET** COMMENT **20 VERIZON-10/02-11/01 IN CAR UNI 01-210-54-00-5440756.2121 GOTO-NOV 2024 PHONE CHARGES 01-110-54-00-5440165.8622 GOTO-NOV 2024 PHONE CHARGES165 01-220-54-00-5440176.9123 GOTO-NOV 2024 PHONE CHARGES 01-120-54-00-5440121.6324 GOTO-NOV 2024 PHONE CHARGES 79-795-54-00-5440176.9125 GOTO-NOV 2024 PHONE CHARGES 01-210-54-00-5440884.58INVOICE TOTAL:5,671.30 *122524-B.BEHRENS 11/30/24 01 MENARDS#110124-LUMBER,SCREWS 01-410-56-00-562078.8902 MENARDS#112524-PVC GARAGE24-216-56-00-5656250.3103 DOOR STOP, FASCIA, TRIM** COMMENT **04 MENARDS#112224-SCREWS,SHIMS, 01-410-56-00-562042.4405 CARP PENCIL** COMMENT **INVOICE TOTAL:371.64 *122524-B.BLYSTONE 11/30/24 01 AMAZON-WHITE OUT, PAPER CLIPS, 01-110-56-00-5610182.1102 COPY PAPER, ENVELOPES** COMMENT **03 MSI TEST TRANSACTION01-000-48-00-48501.00INVOICE TOTAL:183.11 *122524-B.OLSON11/30/24 01 ZOOM-11/23-12/22 USER FEES01-110-54-00-5462189.95INVOICE TOTAL:189.95 *122524-C.PRUITT 11/30/24 01 RED CROSS-BLOODBORNE79-795-54-00-541235.0002 PATHOGENS TRAINING** COMMENT **03 IL SAFETY-CPR TRAINING79-795-54-00-541260.00INVOICE TOTAL:95.00 *Page 30 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-D.BROWN11/30/24 01 MENARDS#112024-BLADES,CATALYST 51-510-56-00-562048.9702 MENARDS#BATTERY51-510-56-00-5630134.8205 MENARDS#110524-WIPER BLADES 51-510-56-00-562080.4506 MENARDS#111524-TRIPOD LIGHT 51-510-56-00-5640174.9507 MENARDS#111524-RADON51-510-56-00-5638129.9908 MITIGATING FAN KIT** COMMENT **09 HOME DEPO-CONCRETE MIX51-510-56-00-564036.4010 GRAINGER-STRAINER SCREEN51-510-56-00-56205.3011 GRAINGER-ROLLER CHAIN51-510-56-00-562050.2112 GRAINGER-ENGINE BLOCK HEATER 51-510-56-00-5638184.63INVOICE TOTAL:845.72 *122524-D.HENNE11/30/24 01 MENARDS#112224-CONNECTORS01-410-56-00-562027.9702 MENARDS#103024-HINGE STRAP, 01-410-56-00-562063.8603 PINTLES** COMMENT **04 MENARDS#103024-BUNGEE SET01-410-56-00-562018.5605 MENARDS#112024-SPLICE23-230-56-00-564219.5606 NAPA#378300-IGNITION SEALER, 01-410-56-00-562831.8707 CONNECTORS, HEAT SHRING** COMMENT **08 TUBING, BATTERY CABLE LUB** COMMENT **09 NAPA#378353-BATTERY CABLES01-410-56-00-562836.6510 AERO-TARP01-410-56-00-5620215.98INVOICE TOTAL:414.45 *122524-D.SMITH11/30/24 01 MENARDS#111524-NAILS,ANCHOR 25-225-60-00-6020615.6902 TIES, LUMBER** COMMENT **03 MENARDS#102924-GARAGE DOOR25-225-60-00-6020871.9904 MENARDS#111224-NAILS,25-225-60-00-6020776.8005 HOUSEWRAP, PLYWOOD** COMMENT **06 MENARDS#110424-ANCHORS,25-225-60-00-6020933.3107 NAILS, FOAMSEAL,LUMBER** COMMENT **08 MENARDS#110624-LUMBER, PLYWOOD 25-225-60-00-602083.1409 MENARDS#111824-PLYWOOD,LUMBER 25-225-60-00-6020605.8810 MENARDS#112124-RETURNED LUMBER 25-225-60-00-6020-131.7811 MENARDS#112024-LUMBER25-225-60-00-6020113.3112 MENARDS#111524-LUMBER25-225-60-00-6020529.3913 MENARDS#110524-LUMBER25-225-60-00-602024.9614 CENTRAL SOD-SOD79-790-56-00-5646621.0015 CENTRAL SOD-SOD79-790-56-00-5646480.0016 MENARDS#112024-NAILS, ANGLES 25-225-60-00-602013.2617 HOME DEPO-TAPE MEASURE,79-790-56-00-5630108.1718 RAFTER SQUARE, SCREWDRIVERS** COMMENT **INVOICE TOTAL:5,645.12 *122524-D.YODER11/30/24 01 MENARDS#112224-CONCRETE MIX 01-410-56-00-564047.80Page 31 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-D.YODER11/30/24 02 MENARDS#110124-LEAF RAKES.01-410-56-00-563065.7003 SPRING SNAPS** COMMENT **INVOICE TOTAL:113.50 *122524-E.DHUSE11/30/24 01 AMAZON-NOTE PADS, FOLDERS,52-520-56-00-561076.4002 PENS, HIGHLIGHTERS** COMMENT **03 AMAZON-OSHA NOTICE SIGNS52-520-56-00-561053.94INVOICE TOTAL:130.34 *122524-E.HERNADEZ 11/30/24 01 NAPA#377640-BATTERY CLEANERS 01-410-56-00-562821.8402 MENARDS#111324-LUMBER01-410-56-00-5620270.7803 MENARDS#102924-SHEATHING01-410-56-00-562061.7604 MENARDS#102924-STRETCH WRAP 01-410-56-00-562023.78INVOICE TOTAL:378.16 *122524-E.WILLRETT 11/30/24 01 SMARTSIGN-PERMAGUARD ASSETT 01-640-54-00-5450292.0902 TAGS** COMMENT **03 AMAZON-FLASH DRIVES01-640-54-00-545051.4804 FV OCCUPATIONAL-DRUG TESTING 79-795-54-00-5462100.0005 PARAGON-FORTINET SUPPORT01-640-54-00-5450593.9906 RENEWAL** COMMENT **07 AMAZON-KEYBOARDS01-640-54-00-545041.8808 DELL-OFFICE 365 LICENSES01-640-54-00-54501,792.80INVOICE TOTAL:2,872.24 *122524-G.HASTINGS 11/30/24 01 GJOVIKS#449126-OIL CHANGE01-220-54-00-549089.48INVOICE TOTAL:89.48 *122524-G.JOHNSON 11/30/24 01 MENARDS#110524-MOUSE,MOUSE PAD 51-510-56-00-562013.9702 MENARDS#110124-FLOOR SCRAPER 51-510-56-00-563021.9903 MENARDS#110824-ELECTRICAL TAPE 51-510-56-00-566519.9204 MENARDS#111524-GLOVES51-510-56-00-560025.9805 AMAZON-FLASHLIGHT51-510-56-00-562036.60INVOICE TOTAL:118.46 *122524-G.KLEEFISCH 11/30/24 01 MENARDS#111824-DAYLIGHT25-225-60-00-6020502.3002 MOTION SENSORS, SCREWS, BOLTS, ** COMMENT **03 CONDUIT, DUPLEX COVER,** COMMENT **04 GROUNDING ROD, INDOOR MAIN** COMMENT **05 BREAKER, COUPLER, CONNECTORS** COMMENT **06 MENARDS#111324-MATERIALS FOR 79-790-56-00-5640137.1407 HOLIDAY FLOAT** COMMENT **08 MENARDS#112224-EXTENSION CORDS 79-790-56-00-564068.22INVOICE TOTAL:707.66 *122524-G.NELSON 11/30/24 01 PARADISE-OCT 2024 CAR WASHES 01-220-54-00-546217.00Page 32 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-G.NELSON 11/30/24 02 AMAZON-NOTEPADS, BADGE01-220-56-00-561080.1403 HOLDERS, PENS, STICKY NOTES** COMMENT **04 AMAZON-NOTEPADS01-220-56-00-561025.9805 AMAZON-NOTEPADS RETURNED01-220-56-00-5610-24.89INVOICE TOTAL:98.23 *122524-G.STEFFENS 11/30/24 01 MENARDS#111324-EXHAUST FLUID 52-520-56-00-5628154.8002 MENARDS#111324-CLEANERS52-520-56-00-561044.7603 GRAPER-RADIATOR REPAIR52-520-56-00-56132,183.1004 MENARDS#112124-PIPE52-520-56-00-562019.7905 MENARDS#103124-END CAPS, TAPE 52-520-56-00-562020.92INVOICE TOTAL:2,423.37 *122524-J.BEHLAND 11/30/24 01 INTOWNE STORAGE-MONTHLY01-220-54-00-5485308.0002 STORAGE FEE** COMMENT **03 BEACON-ONLINE SUBSCRITION01-110-54-00-546019.9604 RENEWAL** COMMENT **INVOICE TOTAL:327.96 *122524-J.GALAUNER 11/30/24 01 PMI PHOTO-COACHES PLAQUES79-795-56-00-5606125.00INVOICE TOTAL:125.00 *122524-J.JACKSON 11/30/24 01 MENARDS#112124-CONTRACTOR52-520-56-00-561061.7302 BAGS, SOAP, SANITIZER** COMMENT **03 MENARDS#110724-BUG SPRAYS52-520-56-00-561337.7804 MENARDS#111424-GARBAGE BAGS 52-520-56-00-561014.99INVOICE TOTAL:114.50 *122524-J.JENSEN 11/30/24 01 YORK CHAMBER-BUSINESS LUNCHEON 01-210-54-00-541525.00INVOICE TOTAL:25.00 *122524-J.NAVARRO 11/30/24 01 AMAZON-EAR WALL BRACKET82-820-54-00-549535.6902 GLOBAL-EMERGENCY LIGHT24-216-56-00-5656130.5404 FV FIRE-FIRE ALARM INSPECTION 24-216-54-00-5446414.5005 AT 3299 LEHMAN** COMMENT **06 FV FIRE-FIRE ALARM INSPECTION 24-216-54-00-5446634.0007 AT 610 TOWER** COMMENT **08 FV FIRE-FIRE ALARM INSPECTION 24-216-54-00-5446490.2509 AT 610 TOWER WELL** COMMENT **10 FV FIRE-FIRE ALARM INSPECTION 24-216-54-00-5446482.0011 AT VAN EMMON BLDG** COMMENT **12 AMAZON-PAPER TOWELS24-216-56-00-565679.4713 SECURITY BUILDERS-KEYS24-216-56-00-5656117.1014 FERGUSON-TISSUE, PAPER TOWEL 24-216-56-00-5656269.4515 GORDON-DOWNFLOW UNIT HEATERS 51-510-60-00-60206,973.81Page 33 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-J.NAVARRO 11/30/24 16 GRAINGER-MODULE FRAMES82-820-54-00-549510.8617 AMAZON-PANDUIT COPPER MODULE 82-820-54-00-549547.5418 ACE-WASHERS24-216-56-00-56562.3119 GRAINGER-RECESSED CONTACTS24-216-56-00-5656179.40INVOICE TOTAL:9,866.92 *122524-J.PETRAGALLO 11/30/24 01 FARM&FLEET-PANTS01-220-56-00-562044.9902 MENARDS#112024-WATER01-220-56-00-562029.9003 MENARDS#110824-WATER01-220-56-00-56205.98INVOICE TOTAL:80.87 *122524-J.WEISS11/30/24 01 TARGET-GIFT CARDS82-000-24-00-248025.0002 TARGET-DINO TEA PARTY SUPPLIES 82-000-24-00-248042.6603 DOLLAR TREE-PROGRAM SUPPLIES 82-000-24-00-248071.2504 AMAZON-NEW YEARS SUPPLIES82-000-24-00-248021.9905 AMAZON-CANDY BARS82-000-24-00-248012.6206 AMAZON-FORTUNE COOKIES82-000-24-00-248018.98INVOICE TOTAL:192.50 *122524-K.BALOG11/30/24 01 ACCURINT-OCT 2024 SEARCHES01-210-54-00-5462200.0002 COMCAST-10/15-11/14 SERVICE 24-216-54-00-5446830.0003 CNA SURETY-BOND-STROUP01-210-54-00-546230.0004 CNA SURETY-BOND-HAYES01-210-54-00-546230.0005 CNA SURETY-BOND-HUNTER01-210-54-00-546230.0006 AMAZON-ENVELOPES,HOOKS, POST 01-210-56-00-561054.2107 IT NOTES, BATTERIES** COMMENT **INVOICE TOTAL:1,174.21 *122524-K.BARKSDALE 11/30/24 01 ADOBE-MONTHLY CREATIVE CLOUD 01-220-54-00-546259.9902 ILAPA-PLANN COMMISSIONER01-220-54-00-5412500.0003 TRAINING WORKSHOP REGISTATION ** COMMENT **INVOICE TOTAL:559.99 *122524-K.GREGORY 11/30/24 01 MENARDS#110724-NUTCRACKER79-795-56-00-560617.9702 SUPPLIES** COMMENT **03 MENARDS#110724-MERRY & BRIGHT 79-795-56-00-560625.0004 WINNER GIFT CARD** COMMENT **05 NCG-JINGLE JOG GIFT CARD79-795-56-00-560625.0006 GRACE-JINGLE JOG GIFT CARD79-795-56-00-560650.00INVOICE TOTAL:117.97 *122524-K.IHRIG11/30/24 01 TARGET-CLASSROOM SUPPLIES79-795-56-00-560627.8002 IL SAFETY-EPI PEN TRAINING79-795-54-00-5412105.0003 AMAZON-PRESCHOOL SUPPLIES79-795-56-00-560663.7804 DOLLAR TREE-PAINT79-795-56-00-560611.25Page 34 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-K.IHRIG11/30/24 05 WALMART-POPCORN79-795-56-00-560633.7806 AMAZON-PAPER CUTTER79-795-56-00-5606203.7807 AMAZON-HOLIDAY SUPPLIES79-795-56-00-560650.0608 WALMART-WATER79-795-56-00-56064.1109 MICHAELS-DIE CUT SHAPES79-795-56-00-560612.0010 DOLLAR TREE-WRAPPING PAPER79-795-56-00-56067.5011 WALMART-PRESCHOOL SNACKS79-795-56-00-560646.05INVOICE TOTAL:565.11 *122524-K.JONES11/30/24 01 WATER PRODUCTS-GREASE ZERT51-510-56-00-5640110.0002 FV FIRE-FIRE ALARM SERVICE AT 24-216-54-00-5446346.5003 610 TOWER LANE** COMMENT **04 METRO52-520-54-00-54442,792.0005 INDUSTRY#066773-INSTALLED NEW ** COMMENT **06 TRANSDUCER AND FLOATS** COMMENT **07 AURORA-SEPT 2024 WATER TESTING 51-510-54-00-5429343.5008 POLLARD-HTD DISK51-510-56-00-564052.5009 POLLARD-CHEMICALS51-510-56-00-564090.5010 POLLARD-HOSES51-510-56-00-5640234.7011 POLLARD-GASKETS51-510-56-00-5640269.2012 METRO INDUSTRY#067180-MONTHLY 52-520-54-00-5444360.0013 LIFT STATION METRO CLOUD DATA ** COMMENT **14 SERVICE** COMMENT **15 AMPERAGE#2138763-LED23-230-56-00-564220.0716 AMPERAGE#2076583-PHOTOCELL23-230-56-00-56421,292.0417 AMPERAGE#2141163-BALLAST23-230-56-00-564248.7918 AMPERAGE#2140455-LAMPS23-230-56-00-5642200.0019 ARNESON#256745-OCT 2024 DIESEL 01-410-56-00-5695146.6420 ARNESON#256745-OCT 2024 DIESEL 51-510-56-00-5695146.6421 ARNESON#256745-OCT 2024 DIESEL 52-520-56-00-5695146.6422 ARNESON#256744-OCT 2024 GAS 01-410-56-00-5695290.4923 ARNESON#256744-OCT 2024 GAS 51-510-56-00-5695290.4924 ARNESON#256744-OCT 2024 GAS 52-520-56-00-5695290.4925 ARNESON#256590-OCT 2024 DIESEL 01-410-56-00-5695302.5926 ARNESON#256590-OCT 2024 DIESEL 51-510-56-00-5695302.6027 ARNESON#256590-OCT 2024 DIESEL 52-520-56-00-5695302.6028 ARNESON#740869-WINDSHIELD WASH 01-410-56-00-569556.6629 ARNESON#740869-WINDSHIELD WASH 51-510-56-00-569556.6630 ARNESON#740869-WINDSHIELD WASH 52-520-56-00-569556.6731 WELDSTAR-CYLINDER RENTAL01-410-54-00-548576.8032 LAWSON-SCREWS,NUTS,WASHERS01-410-56-00-5620149.7933 LAWSON-SCREWS,NUTS,WASHERS51-510-56-00-5620149.7934 LAWSON-SCREWS,NUTS,WASHERS52-520-56-00-5620149.7935 ARNESON#755566-OIL01-410-56-00-5695233.3236 ARNESON#755566-OIL51-510-56-00-5695233.32Page 35 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-K.JONES11/30/24 37 ARNESON#755566-OIL52-520-56-00-5695233.3138 POLLARD-HYDRO METER51-510-56-00-5640864.0739 ARNESON#256693-OCT 2024 GAS 01-410-56-00-5695296.1140 ARNESON#256693-OCT 2024 GAS 51-510-56-00-5695296.1141 ARNESON#256693-OCT 2024 GAS 52-520-56-00-5695296.1242 ARNESON#256692-OCT 2024 DIESEL 01-410-56-00-5695342.9443 ARNESON#256692-OCT 2024 DIESEL 51-510-56-00-5695342.9444 ARNESON#256692-OCT 2024 DIESEL 52-520-56-00-5695342.9445 MINER-SERVICE AGRMNT RNWL01-410-54-00-5462833.3446 MINER-SERVICE AGRMNT RNWL51-510-54-00-5462833.3347 MINER-SERVICE AGRMNT RNWL52-520-54-00-5462833.33INVOICE TOTAL:15,056.32 *122524-M.BARANENTE 11/30/24 01 HOBBY LOBBY-CHRISTMAS DECOR 79-795-56-00-560643.68INVOICE TOTAL:43.68 *122524-M.CARYLE 11/30/24 01 RED CROSS-FIRST AID/CPR AED 01-210-54-00-5412106.0002 TRAINING** COMMENT **03 COMFORT INN-TRAING LODGING01-210-54-00-5415411.2504 GJOVIK#447933-BATTERY TERMINAL 01-210-54-00-549537.8005 GJOVIK#447872-REPLACED MODE 01-210-54-00-54951,254.7106 DOOR ACTUATOR** COMMENT **07 GJOVIK#448125-OIL CHANGE,01-210-54-00-5495713.1908 REPLACED WINDOW MOTOR CABLE** COMMENT **09 GJOVIK#448727-BRAKE REPAIR01-210-54-00-54951,033.6010 AIRGAS-CARBON DIOXIDE01-210-56-00-562055.4411 MENARDS#111624-PVC CEMENT01-210-56-00-562010.9812 MENARDS#111624-PVC PIPE, ELBOW 01-210-56-00-562042.9413 TEES, CABLE TIES** COMMENT **14 THOMAS REUTERES-SOFTWARE25-205-60-00-6060454.0015 SUBSCRIPTION RENEWAL** COMMENT **16 A BEEP-LICENSE KEY FOR01-210-54-00-54951,099.3517 CONVENTIONAL ENCRYPTION MODULE ** COMMENT **INVOICE TOTAL:5,219.26 *122524-M.MCGREGORY 11/30/24 01 KEYME-KEYS** COMMENT **122524-M.MCGREGORY 11/30/24 02 1ST PLACE-WATER PUMP51-510-56-00-56301,599.0003 GROUND#501698-DIRT51-510-56-00-5640126.0004 MENARDS#111824-STRAW51-510-56-00-564012.9805 MENARDS#111824-HEATER51-510-56-00-563899.9806 ACE-KEYS51-510-56-00-562015.9607 KEYME-KEYS51-510-56-00-56207.24INVOICE TOTAL:1,861.16 *122524-M.NELSON 11/30/24 01 DETECTOR WRHS-PINPOINTER01-210-56-00-5620127.95Page 36 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-M.NELSON 11/30/24 02 AMAZON-ENDOSCOPE ACMERA01-210-56-00-562049.6603 FORENSICS-LASER TRAJECTORY KIT 01-210-56-00-5620674.2404 MENARDS#111424-HEADLIGHT BULB 01-210-56-00-562019.98INVOICE TOTAL:871.83 *122524-M.SENG11/30/24 01 ACE-RAKES01-410-56-00-563052.9802 NAPA#376664-LAMPS01-410-56-00-562859.58INVOICE TOTAL:112.56 *122524-M.WARD11/30/24 01 YORK POST-POSTAGE82-820-54-00-54525.82INVOICE TOTAL:5.82 *122524-P.LANDA11/30/24 01 MENARDS#110124-CONCRETE MIX 25-225-60-00-6010255.3602 WELDSTAR-CHEMICALS79-790-56-00-5620128.9303 MENARDS#110524-SQUEEGEE79-790-56-00-563085.9604 MENARDS#110124-SPRAY PAINT79-790-56-00-564011.96INVOICE TOTAL:482.21 *122524-P.LEGENDRE 11/30/24 01 ACE-KEYS51-510-56-00-562015.9602 CAEYS-TEA51-510-54-00-54293.1903 AMAZON-RAIN SUIT51-510-56-00-5600128.6904 MENARDS#111424-FLOOR SQUEEGEE 51-510-56-00-563838.2805 ILSOS-LICENSE RENEWAL51-510-54-00-546261.3506 MENARDS#112224-ANCHORS51-510-56-00-562020.6307 AMAZON-RAIN COAT51-510-56-00-560097.3208 MENARDS#112224-BUSHING, WIRE, 51-510-56-00-5638176.3509 WIRE PULL** COMMENT **10 GROUND#501699-GRASS SEED,STRAW 51-510-56-00-5640318.05INVOICE TOTAL:859.82 *122524-P.MCMAHON 11/30/24 01 GALLS-SERVICE NAMEPLATES01-210-56-00-560053.7902 STREICHERS-VESTS01-210-56-00-56901,280.0003 WASH HOUSE-ALTERATIONS01-210-56-00-560010.0004 OHERRON-SERVICE UNIFORM-HAYES 01-210-56-00-560071.9605 OHERRON-SERVICE UNIFORM-WADE 01-210-56-00-560076.3106 GALLS-COMBAT BOOTS01-210-56-00-5600247.2107 OHERRON-SERVICE UNIFORM-PEREZ 01-210-56-00-5600760.8408 KC PRINT-CRASH REPORTS,01-210-54-00-5430390.3009 ENVELOPES, TRESPASS NOTICES** COMMENT **10 AMAZON-HOLSTER CLIP, FORM01-210-56-00-5620196.6811 HOLDER** COMMENT **INVOICE TOTAL:3,087.09 *122524-P.RATOS11/30/24 01 ICC-MEMBERSHIP RENEWAL01-220-54-00-5460170.00INVOICE TOTAL:170.00 *Page 37 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-P.SCODRO 11/30/24 01 MENARDS#110724-MORTAR MIX51-510-56-00-564016.2502 NORTAB-TOILET DYE51-510-56-00-562087.5103 MENARDS#102924-CAR CHARGER51-510-56-00-562814.4904 MENARDS#110724-PAVERS51-510-56-00-564015.0005 MENARDS#110724-HAMMER DRILL 51-510-56-00-5630549.00INVOICE TOTAL:682.25 *122524-R.BEDFORD 11/30/24 01 NAPA#378005-CONNECTORS01-410-56-00-562844.7002 MENARDS#111424-GORILLA TAPE 01-410-56-00-562034.7903 HOME DEPO-RAKES01-410-56-00-563055.9204 MENARDS#112124-LUMBER01-410-56-00-562087.24INVOICE TOTAL:222.65 *122524-R.FREDRICKSON 11/30/24 01 COMCAST-10/13-11/12 610 TOWER 51-510-54-00-5440119.8502 PLANT INTERNET** COMMENT **03 COMCAST-10/15-11/14 INTERNET 79-795-54-00-5440221.4804 AT 102 E VAN EMMON** COMMENT **05 NEWTEK-11/11-12/11 WEB HOSTING 01-640-54-00-545017.2106 IPASS-REFILL TOLL TRANSPONDER 01-000-14-00-141520.0007 COMCAST-10/29-11/28 185 WOLF 79-790-54-00-5440269.4708 INTERNET, VOICE AND CABLE** COMMENT **09 COMCAST-10/30-11/29 610 TOWER 52-520-54-00-544031.5810 INTERNET** COMMENT **11 COMCAST-10/30-11/29 610 TOWER 01-410-54-00-5440126.3212 INTERNET** COMMENT **13 COMCAST-10/30-11/29 610 TOWER 51-510-54-00-544078.9514 INTERNET** COMMENT **INVOICE TOTAL:884.86 *122524-R.HODOUS 11/30/24 01 MENARDS#110524-WIRE BRUSH,79-790-56-00-5640178.8102 COTTER PINS, LOG CHAIN, COILS ** COMMENT **03 MENARDS#112224-NAILS79-790-56-00-564015.86INVOICE TOTAL:194.67 *122524-R.HORNER 11/30/24 01 MENARDS#111224-WIRE,SCREWS79-790-56-00-564058.2302 AMAZON-RATCHET, TAMPER PROOF 79-790-56-00-563037.6003 BITS** COMMENT **04 AMAZON-TAX CREDIT79-790-56-00-5630-14.9905 MENARD#110824-CONCRETE MIX25-225-60-00-6010255.3606 MENARDS#111524-PVC PIPE,25-225-60-00-6010352.6507 TUBING, COUPLER, PEA GRAVEL** COMMENT **INVOICE TOTAL:688.85 *122524-R.MIKOLASEK 11/30/24 01 3D LESSONS-CHARGE IN DISPUTE 01-000-24-00-24405.9902 3D LESSONS-CHARGE IN DISPUTE 01-000-24-00-24407.99Page 38 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-R.MIKOLASEK 11/30/24 03 BLUE PEAK-SKILL MANAGEMENT01-210-54-00-5462540.0004 SOFTWARE SUBSCRIPTION** COMMENT **05 PHYSICIANS CARE-BLOOD WORK01-210-54-00-5411610.00INVOICE TOTAL:1,163.98 *122524-S.AUGUSTINE 11/30/24 01 BEACON-SUBSCRIPTION RENEWAL 82-820-54-00-5460286.0002 MENARDS#112724-CHAIR MAT,82-820-56-00-5620175.2303 FORKS, TAPE, BRUSH, GLADE OIL ** COMMENT **04 TARGET-REFRESHMENTS82-820-56-00-562028.2305 AMAZON-WIRELESS MOUSE82-820-56-00-563516.99INVOICE TOTAL:506.45 *122524-S.IWANSKI 11/30/24 01 YORK POST-POSTAGE82-820-54-00-545224.1302 AMAZON-EARLY CODING TOY82-000-24-00-248040.1403 AMAZON-DVD WALL CHARGER82-820-56-00-562010.8004 AMAZON-TWEEZERS82-000-24-00-248014.7105 AMAZON-ANATOMY BOOK WITH DOLL 82-000-24-00-248031.74INVOICE TOTAL:121.52 *122524-S.MENDEZ 11/30/24 01 JEWEL-COOKIES FOR PZC TRAINING 01-220-56-00-562033.30INVOICE TOTAL:33.30 *122524-S.REDMON 11/30/24 01 FUN EXPRESS-HOLIDAY RACE ITEMS 79-795-56-00-5606162.5802 AT&T-10/24-11/23 INTERNET FOR 79-795-54-00-5440146.5803 TOWN SQUARE SIGN** COMMENT **04 RUNCO-BATTERIES, BINDER79-795-56-00-5610137.0705 CLIPS, CUPS, WRITING PADS,** COMMENT **06 CORRECTION TAPE, MASKING TAPE ** COMMENT **07 AMAZON-SPOONS,CRAYONS,CUPS, 79-795-56-00-5606515.8008 NAPKINS, CANDY CANES** COMMENT **09 AMAZON-PUSH PINS, NOTEPADS79-795-56-00-561045.5010 AMAZON-HOLIDAY RACE BAGS79-795-56-00-560656.9811 CHASEWOOD-ROBOTICS AND CODING 79-795-54-00-54621,425.0012 CONTRACTUAL CLASSES** COMMENT **13 FUN EXPRESS-BREAKFAST WITH79-795-56-00-5602151.6114 SANTA SUPPLIES** COMMENT **15 AMAZON-CANDY CANES, BAGS79-795-56-00-5606338.7216 ARNESON#262539-NOV 2024 GAS 79-790-56-00-5695408.1217 ARNESON#244743-JUL 2024 GAS 79-790-56-00-5695741.2118 ARNESON#759258-10W30 OIL79-790-56-00-5695949.9919 GOLD MEDAL#30419628-BRIDGE79-795-56-00-5607501.0020 CONCESSION SUPPLIES** COMMENT **21 GOLD MEDAL#30420124-BRIDGE79-795-56-00-5607463.9022 CONCESSION SUPPLIES** COMMENT **23 GOLD MEDAL#30419651-BRIDGE79-795-56-00-560767.57Page 39 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-S.REDMON 11/30/24 24 CONCESSION SUPPLIES** COMMENT **25 ARNESON#245395-AUG 2024 GAS 79-790-56-00-56951,077.3226 DOLLAR TREE-SAFETY PINS79-795-56-00-560615.0027 TARGET-WHIPPED CREAM,SPRINKLES 79-795-56-00-5606102.2328 WATER** COMMENT **29 COLLINS-RACE AWARDS79-795-56-00-5606226.8830 AMAZON-HOLIDAY PROGRAMMING79-795-56-00-5606127.8331 SUPPLIES** COMMENT **INVOICE TOTAL:7,660.89 *122524-S.SENDRA 11/30/24 01 AMAZON-HOLIDAY CELEBRATION79-795-56-00-560662.1602 BACKDROP SUPPLIES** COMMENT **03 AMAZON-DECK THE TREE DECOR79-795-56-00-5606220.3704 AMAZON-CRICUT VINYL79-795-56-00-560620.4605 DOLLAR TREE-NUTCRACKER79-795-56-00-560613.7506 SUPPLIES** COMMENT **07 AMAZON-SANTA VISIT SUPPLIES 79-795-56-00-560632.9508 WALMART-HOLIDAY CELEBRATION 79-795-56-00-560650.0009 NECKLACES** COMMENT **10 AMAZON-SANTA VISIT SUPPLIES 79-795-56-00-560618.87INVOICE TOTAL:418.56 *122524-S.SLEEZER 11/30/24 01 MENARDS#103024-HOLIDAY LIGHTS 25-225-60-00-60101,134.8602 PREMIER ATTACHMENTS-TREE25-225-60-00-60101,480.0003 AUGER** COMMENT **04 GROUND#501714-PLAYMAT25-225-60-00-60101,624.0005 GROUND#501692-PLAYMAT25-225-60-00-60101,624.0006 GROUND#501691-PLAYMAT25-225-60-00-60101,624.0007 GROUND#2067735-FABRIC25-225-60-00-6010412.4008 GROUND#501630-MULCH79-790-56-00-56401,670.50INVOICE TOTAL:9,569.76 *122524-S.STROUP 11/30/24 01 WALGREENS-PROPANE01-210-56-00-562047.98INVOICE TOTAL:47.98 *122524-T.HOULE11/30/24 01 ITR CONCESSION-TOLL CHARGE79-790-56-00-56200.9002 MENARDS#112524-ADAPTERS79-790-56-00-564047.8003 MENARDS#111524-ADHESIVE,EPOXY 79-790-56-00-56408.7304 AMAZON-OIL DRAIN VALVE79-790-56-00-564023.9605 US BRONZE-PLAQUE79-790-56-00-5620317.2606 MCCANN-10W30 OIL79-790-56-00-5640144.5307 CENTRAL SOD-SOD79-790-56-00-564666.0010 AMAZON-AUTO TOUCH UP PAINT79-790-56-00-564030.9711 AMAZON-V BELT79-790-56-00-564025.4512 PROTERO-BAGGER PARTS79-790-56-00-564079.00Page 40 of 71 DATE: 12/17/24UNITED CITY OF YORKVILLETIME: 09:37:08MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATE ACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------900156 FNBO FIRST NATIONAL BANK OMAHA 12/25/24122524-T.HOULE11/30/24 13 FLATSOS#33875-TIRE79-790-54-00-5495160.0014 MENARDS#112524-ADAPTER79-790-56-00-564023.9015 MENARDS#112024-CHAIN,SCREWS 79-790-56-00-564050.7516 MENARDS#111924-LIGHTS,BOWS25-225-60-00-601030.93INVOICE TOTAL:1,010.18 *122524-T.LOWRY11/30/24 01 MENARDS#110724-LED SNOWFLAKES 79-790-56-00-5620288.7702 MENARDS#112024-DRILL BITS,79-790-56-00-563053.6303 TIEDOWN STRAPS** COMMENT **04 MENARDS#110624-LUMBER25-225-60-00-60207.9805 MENARDS#110624-WEDGE ANCHORS 25-225-60-00-602029.4606 HOME DEPO-HOLIDAY DECORATIONS 25-225-60-00-6010620.64INVOICE TOTAL:1,000.48 *122524-T.MILSCHEWSKI 11/30/24 01 GJOVIKS#449152-OIL CHANGE,01-410-54-00-5490481.2102 REPLACE HOOD LATCH** COMMENT **03 ILLCO#1489254-BELTS01-410-54-00-549068.8704 MENARDS#112224-TEST PLUGS24-216-56-00-565624.1605 MENARDS#112024-4 CYCLE PREMIX 24-216-56-00-565645.0806 MENARDS#111824-SHEET METAL24-216-56-00-565629.9507 MENARDS#112524-FLASH VALVE24-216-56-00-565622.7708 SEAL KIT, CAPS** COMMENT **09 HOME DEPO-BULBS82-820-54-00-549522.9411 HOME DEPO-PLANTER AUGER24-216-56-00-565619.9812 HOME DEPO-BULBS82-820-54-00-549570.7613 MENARDS#110724-ADHESIVE24-216-56-00-56563.2414 MENARDS#103124-WALL PLATE,24-216-56-00-56564.9715 SCREW DRIVER** COMMENT **INVOICE TOTAL:793.93 *122524-T.SCOTT11/30/24 01 MENARDS#112124-ANTIFREEZE79-790-56-00-562053.82INVOICE TOTAL:53.82 *122524-UCOY11/30/24 01 DELL-30 WINDOWS LICENSES01-640-54-00-545024,501.60INVOICE TOTAL:24,501.60 * 122524-J.ANDERSON11/30/24 01 ACE-PROPANE REFILL79-790-56-00-562063.9802 MENARDS#112124-HOLIDAY LIGHTS 25-225-60-00-6010140.8003 SUNBELT-2 DAY AUGER RENTAL79-790-56-00-564080.50INVOICE TOTAL:285.28 *CHECK TOTAL:111,108.52TOTAL AMOUNT PAID:111,108.52Page 41 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/30/24 UNITED CITY OF YORKVILLE TIME: 07:48:00 CHECK REGISTERPRG ID: AP215000.WOWCHECK DATE: 12/30/24CHECK # VENDOR # INVOICE INVOICE ITEMNUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541861 G&LCOUNT G & L COUNTERTOPS, INC10407-1 12/19/24 01 DEPOSIT FOR COM/DEV COUNTERTOP 24-216-56-00-5656 4,140.00INVOICE TOTAL: 4,140.00 *CHECK TOTAL: 4,140.00TOTAL AMOUNT PAID: 4,140.00Page 42 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541862 AACVB AURORA AREA CONVENTION 11/24-ALL 12/11/24 01 ALL SEASON HOTEL TAX-NOV 2024 01-640-54-00-5481 38.44 INVOICE TOTAL: 38.44 * 11/24-HAMPTON 12/23/24 01 NOV 2024 HAMPTON INN HOTEL TAX 01-640-54-00-5481 4,182.98 INVOICE TOTAL: 4,182.98 * 11/24-SUNSET 12/13/24 01 SUNSET HOTEL TAX-NOV 2024 01-640-54-00-5481 3.24 INVOICE TOTAL: 3.24 * 11/24-SUPER 12/10/24 01 SUPER 8 HOTEL TAX-NOV 2024 01-640-54-00-5481 1,364.69 INVOICE TOTAL: 1,364.69 * CHECK TOTAL: 5,589.35 541863 ACG APPLIED COMMUNICATIONS GROUP 7910.1 12/11/24 01 TROUBLESHOOT CHAMBER SOUND 24-216-54-00-5446 350.00 02 SYSTEM ** COMMENT ** INVOICE TOTAL: 350.00 * CHECK TOTAL: 350.00 541864 ADVAAUTO ADVANCED AUTOMATION & CONTROLS 24-4805 12/11/24 01 INSTALL LS POWER SUPPLY 51-510-54-00-5445 580.40 INVOICE TOTAL: 580.40 * CHECK TOTAL: 580.40 541865 AEPENERG AEP ENERGY 3025129010-121024 12/10/24 01 10/28-12/03 2224 TREMONT 51-510-54-00-5480 11,873.18 INVOICE TOTAL: 11,873.18 * 3025129021-121024 12/10/24 01 10/04-11/04 610 TOWER WELLS 51-510-54-00-5480 8,240.61 INVOICE TOTAL: 8,240.61 *Page 43 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541865 AEPENERG AEP ENERGY 3025129065-120324 12/03/24 01 10/28-11/25 2921 BRISTOL RDG 51-510-54-00-5480 5,519.59 INVOICE TOTAL: 5,519.59 * CHECK TOTAL: 25,633.38D003888 ALVAREZA AARON ALVAREZ 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541866 AMEHOIST AMERICAN HOIST & MANLIFT, INC 31412 10/22/24 01 OCT 2024 ELEVATOR MAINTENANCE 24-216-54-00-5446 165.00 INVOICE TOTAL: 165.00 * 31973 12/10/24 01 12/06/24 FAID TESTING 24-216-54-00-5446 285.00 INVOICE TOTAL: 285.00 * CHECK TOTAL: 450.00 541867 ANDERSJA JARED ANDERSON 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 541868 ARTLIP ARTLIP & SONS, INC. 213317 12/23/24 01 HEAT REPAIR AT 651 PP 24-216-54-00-5446 265.92 INVOICE TOTAL: 265.92 * CHECK TOTAL: 265.92Page 44 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541869 ATLAS ATLAS BOBCAT Q02702 12/02/24 01 SD FORK FRAMES 01-410-56-00-5630 1,781.75 INVOICE TOTAL: 1,781.75 * CHECK TOTAL: 1,781.75 541870 BARBANEM MARISA BARBANENTE 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 541871 BATTERYS BATTERY SERVICE CORPORATION 0115734 12/06/24 01 BATTERY 01-410-56-00-5628 215.90 INVOICE TOTAL: 215.90 * CHECK TOTAL: 215.90D003889 BEDFORDR RYAN BEDFORD 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003890 BEHLANDJ JORI BEHLAND 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * MCIL DUES 12/17/24 01 2025 MUNICIPAL CLERKS ANNUAL 01-110-54-00-5460 65.00Page 45 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003890 BEHLANDJ JORI BEHLAND MCIL DUES 12/17/24 02 DUE RENEWAL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 65.00 * DIRECT DEPOSIT TOTAL: 110.00D003891 BLYSTONB BOBBIE BLYSTONE 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003892 BROWND DAVID BROWN 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 51-510-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541872 CECCHIN CECCHIN PLUMBING & HEATING INC 121324 12/13/24 01 ENGINEERS PAYMENT ESTIMATE 3 51-510-60-00-6029 85,283.79 02 FOR WELL 10 RAW WATER MAIN ** COMMENT ** 03 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 85,283.79 * CHECK TOTAL: 85,283.79 541873 CENTRALL CENTRAL LIMESTONE COMPANY, INC 40806 12/16/24 01 GRAVEL 51-510-56-00-5620 289.04 INVOICE TOTAL: 289.04 * CHECK TOTAL: 289.04Page 46 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541874 COMED COMMONWEALTH EDISON 0228182000-00924 12/20/24 01 08/28-09/27 VAN EMMON LOT 23-230-54-00-5482 20.71 INVOICE TOTAL: 20.71 * 0228182000-0824 12/16/24 01 07/30-08/28 VAN EMMON LOT 23-230-54-00-5482 11.82 INVOICE TOTAL: 11.82 * 1951034000-01124 12/13/24 01 11/06-12/02 RT34 & BEECHER 23-230-54-00-5482 104.92 INVOICE TOTAL: 104.92 * 3059341222-1124 12/14/24 01 11/12-12/12 9257 GALENA PK 79-795-54-00-5480 53.92 INVOICE TOTAL: 53.92 * 5336617000-1224 12/16/24 01 11/12-12/12 RT47 & ROSENWINKLE 23-230-54-00-5482 62.07 INVOICE TOTAL: 62.07 * 6242447000-1124 12/06/24 01 11/05-12/05 RT34 & CANNONBALL 23-230-54-00-5482 21.52 INVOICE TOTAL: 21.52 * 7706362222-01124 12/17/24 01 11/15-12/16 RT47 & KENNEDY 23-230-54-00-5482 1,490.82 INVOICE TOTAL: 1,490.82 * 9193732222-1124 12/14/24 01 11/12-12/12 4600 N BRIDGE 51-510-54-00-5480 97.31 INVOICE TOTAL: 97.31 * CHECK TOTAL: 1,863.09D003893 CONARDR RYAN CONARD 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 51-510-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541875 DANIELKR DANIEL KRAMERPage 47 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541875 DANIELKR DANIEL KRAMER 2024-1139 RFND 12/26/24 01 REFUND FOR 2 PUBLIC HEARING 01-000-42-00-4210 100.00 02 SIGNS ** COMMENT ** INVOICE TOTAL: 100.00 * CHECK TOTAL: 100.00D003894 DHUSEE DHUSE, ERIC 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-410-54-00-5440 15.00 02 REIMBURSEMENT ** COMMENT ** 03 DEC 2024 MOBILE EMAIL 51-510-54-00-5440 15.00 04 REIMBURSEMENT ** COMMENT ** 05 DEC 2024 MOBILE EMAIL 52-520-54-00-5440 15.00 06 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003895 DLK DLK, LLC 284 12/27/24 01 DEC 2024 ECONOMIC DEVELOPMENT 01-640-54-00-5486 9,750.00 02 HOURS ** COMMENT ** INVOICE TOTAL: 9,750.00 * 289 12/27/24 01 OCT-DEC 2024 ECONOMIC 01-640-54-00-5486 16,500.00 02 DEVELOPMENT BANKED HOURS ** COMMENT ** INVOICE TOTAL: 16,500.00 * DIRECT DEPOSIT TOTAL: 26,250.00D003896 EVANST TIM EVANS 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 22.50 02 REIMBURSEMENT ** COMMENT **Page 48 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003896 EVANST TIM EVANS 010125 01/01/25 03 DEC 2024 MOBILE EMAIL 79-795-54-00-5440 22.50 04 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541876 FOXRIDGE FOX RIDGE STONE 10170 12/14/24 01 GRAVEL 51-510-56-00-5640 110.00 INVOICE TOTAL: 110.00 * CHECK TOTAL: 110.00D003897 FREDRICR ROB FREDRICKSON 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003898 GALAUNEJ JAKE GALAUNER 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541877 GLATFELT GLATFELTER UNDERWRITING SRVS. 164243131-PREMIUM 12/16/24 01 2025 LIABILITY INS PREMIUM 01-640-52-00-5231 62,961.55 02 2025 LIABILITY INS PREMIUM-P 01-640-52-00-5231 13,091.21 03 2025 LIABILITY INS PREMIUM 51-510-52-00-5231 6,942.65Page 49 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541877 GLATFELT GLATFELTER UNDERWRITING SRVS. 164243131-PREMIUM 12/16/24 04 2025 LIABILITY INS PREMIUM 52-520-52-00-5231 3,328.03 05 2025 LIABILITY INS PREMIUM 82-820-52-00-5231 5,218.56 INVOICE TOTAL: 91,542.00 * CHECK TOTAL: 91,542.00D003899 HENNED DURK HENNE 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003900 HERNANDN NOAH HERNANDEZ 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541878 HIGHSTAR HIGH STAR TRAFFIC 10164 12/11/24 01 MISC SIGNS 23-230-56-00-5619 285.30 INVOICE TOTAL: 285.30 * 10165 12/11/24 01 STREET SIGNS 23-230-56-00-5619 370.30 INVOICE TOTAL: 370.30 * 10252 12/19/24 01 MISC SIGNS 23-230-56-00-5619 259.65 INVOICE TOTAL: 259.65 * 10287 12/24/24 01 NO PARKING SIGN 23-230-56-00-5619 120.90 INVOICE TOTAL: 120.90 * CHECK TOTAL: 1,036.15Page 50 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541879 HODOUSR RICHARD HODOUS 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00D003901 HORNERR RYAN HORNER 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003902 HOULEA ANTHONY HOULE 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003903 IHRIGK KIRSTEN IHRIG 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541880 INTERDEV INTERDEV, LLC MSP-1047699 12/31/24 01 MONTHLY OT BILLING FOR DEC 01-640-54-00-5450 19,960.17 02 2024 ** COMMENT ** INVOICE TOTAL: 19,960.17 * CHECK TOTAL: 19,960.17Page 51 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541881 INTERSTA INTERSTATE POWER SYSTEMS, INC R042049719.:01 11/15/24 01 ANNUAL INSPECTION 52-520-56-00-5613 1,768.67 INVOICE TOTAL: 1,768.67 * CHECK TOTAL: 1,768.67 541882 IPRF ILLINOIS PUBLIC RISK FUND 97309 12/16/24 01 FEB 2025 WORK COMP INS 01-640-52-00-5231 13,402.34 02 FEB 2025 WORK COMP INS-P 01-640-52-00-5231 2,726.36 03 FEB 2025 WORK COMP INS 51-510-52-00-5231 1,270.93 04 FEB 2025 WORK COMP INS 52-520-52-00-5231 574.09 05 FEB 2025 WORK COMP INS 82-820-52-00-5231 1,083.28 INVOICE TOTAL: 19,057.00 * CHECK TOTAL: 19,057.00D003904 JACKSONJ JAMIE JACKSON 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 52-520-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003905 JOHNGEOR GEORGE JOHNSON 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 51-510-54-00-5440 22.50 02 REIMBURSEMENT ** COMMENT ** 03 DEC 2024 MOBILE EMAIL 52-520-54-00-5440 22.50 04 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541883 KENCOM KENCOM PUBLIC SAFETY DISPATCHPage 52 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541883 KENCOM KENCOM PUBLIC SAFETY DISPATCH 656 12/06/24 01 ANNUAL COST SHARING 01-640-54-00-5449 170,416.07 02 REIMBURSEMENT FOR FY2025 ** COMMENT ** INVOICE TOTAL: 170,416.07 * CHECK TOTAL: 170,416.07D003906 KLEEFISG GLENN KLEEFISCH 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541884 KONICAMI KONICA MINOLTA BUSINESS 51899132 12/04/24 01 NOV 2024 DOCUMENT SCANNING 01-220-54-00-5462 595.50 INVOICE TOTAL: 595.50 * 51899135 12/04/24 01 NOV 2024 DOCUMENT SCANNING 01-220-54-00-5462 325.50 INVOICE TOTAL: 325.50 * 51899136 12/04/24 01 NOV 2024 DOCUMENT SCANNING 01-220-54-00-5462 1,965.25 INVOICE TOTAL: 1,965.25 * 51899137 12/04/24 01 NOV 2024 DOCUMENT SCANNING 01-220-54-00-5462 2,174.54 INVOICE TOTAL: 2,174.54 * CHECK TOTAL: 5,060.79 541885 LANDAP PAUL LANDA 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00Page 53 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541886 LAWSON LAWSON PRODUCTS 9312058365 12/05/24 01 CABLE TIES 01-410-56-00-5620 282.31 INVOICE TOTAL: 282.31 * CHECK TOTAL: 282.31 541887 LEGENDRP PATRICK LEGENDRE 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 51-510-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 541888 LINDCO LINDCO EQUIPMENT SALES INC 2214751-SWL 12/18/24 01 VIKING DUMP TRUCK 25-215-60-00-6070 146,738.62 INVOICE TOTAL: 146,738.62 * CHECK TOTAL: 146,738.62 541889 LOMBARDS STEVEN LOMBARDO 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 541890 MARCO MARCO TECHNOLOGIES LLC 545613523 12/27/24 01 12/20/24-1/20/25 COPIER LEASE 01-110-54-00-5485 259.29 02 12/20/24-1/20/25 COPIER LEASE 01-120-54-00-5485 259.27 03 12/20/24-1/20/25 COPIER LEASE 01-220-54-00-5485 518.58 04 12/20/24-1/20/25 COPIER LEASE 01-210-54-00-5485 663.73Page 54 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541890 MARCO MARCO TECHNOLOGIES LLC 545613523 12/27/24 05 12/20/24-1/20/25 COPIER LEASE 01-410-54-00-5485 51.47 06 12/20/24-1/20/25 COPIER LEASE 51-510-54-00-5485 51.47 07 12/20/24-1/20/25 COPIER LEASE 52-520-54-00-5485 51.46 08 12/20/24-1/20/25 COPIER LEASE 79-790-54-00-5485 154.39 09 12/20/24-1/20/25 COPIER LEASE 79-795-54-00-5485 259.28 INVOICE TOTAL: 2,268.94 * CHECK TOTAL: 2,268.94D003907 MCGREGOM MATTHEW MCGREGORY 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541891 MESIMPSO M.E. SIMPSON CO, INC 43564 12/12/24 01 500 BLAINE ST LEAK DETECTION 51-510-56-00-5640 645.00 INVOICE TOTAL: 645.00 * CHECK TOTAL: 645.00 541892 METRONET METRO FIBERNET LLC 1872272-121824 12/18/24 01 12/18-01/17 INTERNET @ 651 PP 01-110-54-00-5440 66.87 02 12/18-01/17 INTERNET @ 651 PP 01-120-54-00-5440 76.42 03 12/18-01/17 INTERNET @ 651 PP 01-120-54-00-5440 38.21 04 12/18-01/17 INTERNET @ 651 PP 79-795-54-00-5440 76.42 05 12/18-01/17 INTERNET @ 651 PP 01-210-54-00-5440 382.08 INVOICE TOTAL: 640.00 * CHECK TOTAL: 640.00Page 55 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541893 MIDWSALT MIDWEST SALT P478097 12/11/24 01 BULK ROCK SALT 51-510-56-00-5638 3,190.72 INVOICE TOTAL: 3,190.72 * P478205 12/17/24 01 BULK ROCK SALT 51-510-56-00-5638 3,631.94 INVOICE TOTAL: 3,631.94 * CHECK TOTAL: 6,822.66D003908 MILSCHET TED MILSCHEWSKI 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 24-216-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541894 MOHMS MIDWEST OCCUPATIONAL HEALTH MS 212577 11/01/24 01 CDL EMPLOYEE DOT TRAINING 01-410-54-00-5412 150.00 02 CDL EMPLOYEE DOT TRAINING 79-790-54-00-5412 50.00 03 CDL EMPLOYEE DOT TRAINING 52-520-54-00-5412 50.00 INVOICE TOTAL: 250.00 * CHECK TOTAL: 250.00 541895 MUNIWELL MUNICIPAL WELL & PUMP 22989 12/12/24 01 ENGINEERS PAYMENT ESTIMATE 1 51-510-60-00-6029 230,731.20 02 FOR WELL 10 CONSTRUCTION ** COMMENT ** INVOICE TOTAL: 230,731.20 * CHECK TOTAL: 230,731.20D003909 NASUTAE EMILY NASUTAPage 56 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003909 NASUTAE EMILY NASUTA 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003910 NAVARROJ JESUS NAVARRO 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 24-216-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541896 NEOPOST QUADIENT FINANCE USA, INC 010425-CITY 01/03/25 01 POSTAGE MACHINE REFILL 01-000-14-00-1410 300.00 INVOICE TOTAL: 300.00 * CHECK TOTAL: 300.00 541897 NICOR NICOR GAS 16-00-27-3553 4-1124 12/10/24 01 11/11-12/10 1301 CAROLYN CT 01-110-54-00-5480 53.28 INVOICE TOTAL: 53.28 * 31-61-67-2493 1-1124 12/09/24 01 11/08-12/09 276 WINDHAM 01-110-54-00-5480 52.12 INVOICE TOTAL: 52.12 * 95-16-10-1000 4-1124 12/13/24 01 11/13-12/12 1 RT47 01-110-54-00-5480 51.66 INVOICE TOTAL: 51.66 * CHECK TOTAL: 157.06 541898 OSWEGO VILLAGE OF OSWEGOPage 57 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541898 OSWEGO VILLAGE OF OSWEGO 2935 12/12/24 01 WATER CORROSION 51-510-60-00-6011 10,058.72 02 ASSESSMENT-MAY 2024 ** COMMENT ** INVOICE TOTAL: 10,058.72 * 2937 12/12/24 01 WATER CORROSION 51-510-60-00-6011 26,398.21 02 ASSESSMENT-JULY 2024 ** COMMENT ** INVOICE TOTAL: 26,398.21 * 2939 12/12/24 01 AUG 2024 WATER CORROSION 51-510-60-00-6011 13,410.58 02 ASSESSMENT ** COMMENT ** INVOICE TOTAL: 13,410.58 * 2941 12/12/24 01 WATER CORROSION 51-510-60-00-6011 7,431.85 02 ASSESSMENT-SEPT 2024 ** COMMENT ** INVOICE TOTAL: 7,431.85 * 2943 12/12/24 01 WATER CORROSION 51-510-60-00-6011 19,896.78 02 ASSESSMENT-OCT 2024 ** COMMENT ** INVOICE TOTAL: 19,896.78 * 2945 12/12/24 01 WATER STUDY - 51-510-60-00-6011 586.81 02 08/01/24-10/31/24 ** COMMENT ** INVOICE TOTAL: 586.81 * CHECK TOTAL: 77,782.95 541899 OTTOSEN OTTOSEN DINOLFO 11317 11/30/24 01 MISC ADMIN LEGAL MATTERS 01-640-54-00-5456 15,410.00 INVOICE TOTAL: 15,410.00 * 11318 11/30/24 01 DOWNTOWN TIF MATTERS 88-880-54-00-5462 230.00 INVOICE TOTAL: 230.00 * 11319 11/30/24 01 NOV 2024 MEETINGS 01-640-54-00-5465 1,600.00 INVOICE TOTAL: 1,600.00 *Page 58 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541899 OTTOSEN OTTOSEN DINOLFO 11320 11/30/24 01 KENDALL MARKETPLACE AND 90-232-00-00-0011 143.75 02 HEARTLAND MEADOWS WEST MATTERS ** COMMENT ** 03 GREEN DOOR MATTERS 90-191-00-00-0011 868.25 INVOICE TOTAL: 1,012.00 * 11321 11/30/24 01 COUNTRYSIDE TIF MATTERS 87-870-54-00-5462 218.50 INVOICE TOTAL: 218.50 * 11322 11/30/24 01 DOWNTOWN TIF II MATTERS 89-890-54-00-5462 425.50 INVOICE TOTAL: 425.50 * 11323 11/30/24 01 WIDENING OF KENNEDY RD MATTER 01-640-54-00-5456 414.00 INVOICE TOTAL: 414.00 * 11324 11/30/24 01 COSTCO MATTERS 90-239-00-00-0011 736.00 INVOICE TOTAL: 736.00 * 11325 11/30/24 01 IEPA WATER LOAN MATTERS 01-640-54-00-5456 1,656.00 INVOICE TOTAL: 1,656.00 * 11326 11/30/24 01 KENDALL MARKETPLACE TOWNHOMES 90-154-00-00-0011 46.00 02 GRANDE RESERVE MATTERS 90-228-00-00-0011 230.00 03 GRANDE RESERVE #21 MATTERS 90-222-00-00-0011 345.00 04 GRANDE RESERVE #27 MATTERS 90-147-00-00-0011 115.00 INVOICE TOTAL: 736.00 * 11327 11/30/24 01 TIMBER RIDGE MATTERS 90-174-00-00-0011 230.00 INVOICE TOTAL: 230.00 * 11331 11/30/24 01 APPLIED COMMUNICATION VS. 01-640-54-00-5461 345.00 02 LITE CONSTRUCTION MATTERS ** COMMENT ** INVOICE TOTAL: 345.00 * 11332 11/30/24 01 DMYF, LLC MATTERS 90-234-00-00-0011 1,150.00 INVOICE TOTAL: 1,150.00 * CHECK TOTAL: 24,163.00Page 59 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003911 PIAZZA AMY SIMMONS 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541900 PIZZO PIZZO AND ASSOCIATES, LTD 340-8 12/01/24 01 UPKEEP OF NATURALIZATION AREAS 24-216-54-00-5446 732.19 02 AT 651 PRAIRIE POINTE DR ** COMMENT ** INVOICE TOTAL: 732.19 * CHECK TOTAL: 732.19D003912 PRUITTC CAYLA PRUITT 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541901 PURCELLJ JOHN PURCELL 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00D003913 RATOSP PETE RATOS 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-220-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00Page 60 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003914 REDMONST STEVE REDMON 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003915 ROSBOROS SHAY REMUS 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541902 SCIENTEL SCIENTEL SOLUTIONS LLC 008226 12/13/24 01 ONSTE TROUBLESHOOTING OF 24-216-54-00-5446 1,424.00 02 CAMERA ** COMMENT ** INVOICE TOTAL: 1,424.00 * CHECK TOTAL: 1,424.00D003916 SCODROP PETER SCODRO 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 51-510-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003917 SCOTTTR TREVOR SCOTT 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00Page 61 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541903 SEBIS SEBIS DIRECT 109594 12/12/24 01 NOV 2024 UTILITY BILLING 01-120-54-00-5430 297.10 02 NOV 2024 UTILITY BILLING 01-220-54-00-5430 62.50 03 NOV 2024 UTILITY BILLING 51-510-54-00-5430 398.05 04 NOV 2024 UTILITY BILLING 52-520-54-00-5430 185.68 05 NOV 2024 UTILITY BILLING 79-795-54-00-5426 280.76 INVOICE TOTAL: 1,224.09 * CHECK TOTAL: 1,224.09 541904 SENDRAS SAMANTHA SENDRA 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00D003918 SENGM MATT SENG 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003919 SLEEZERJ JOHN SLEEZER 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * 122624-CDL 12/26/24 01 CDL LICENSE REIMBURSEMENT 01-410-54-00-5462 66.46 INVOICE TOTAL: 66.46 * DIRECT DEPOSIT TOTAL: 111.46Page 62 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003920 SLEEZERS SCOTT SLEEZER 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003921 SMITHD DOUG SMITH 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541905 STANDE STANDARD EQUIPMENT CO PICPAK 12/09/24 01 WATER HANDGUN, ADAPTERS 52-520-56-00-5628 256.16 INVOICE TOTAL: 256.16 * CHECK TOTAL: 256.16D003922 STEFFANG GEORGE A STEFFENS 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 52-520-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541906 SUBURLAB SUBURBAN LABORATORIES INC. GA4000558 11/01/24 01 WATER TESTING 51-510-54-00-5429 3,948.83 INVOICE TOTAL: 3,948.83 * CHECK TOTAL: 3,948.83Page 63 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003923 THOMASL LORI THOMAS 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541907 TRAFFIC TRAFFIC CONTROL CORPORATION 155718 12/19/24 01 GREEN LEDS 01-410-54-00-5435 129.00 INVOICE TOTAL: 129.00 * CHECK TOTAL: 129.00 541908 UNIMAX UNI-MAX MANAGEMENT CORP 5205 12/17/24 01 651 PP OFFICE CLEANING-DEC 01-110-54-00-5448 369.55 02 2024 ** COMMENT ** 03 651 PP OFFICE CLEANING-DEC 01-120-54-00-5488 369.55 04 2024 ** COMMENT ** 05 651 PP OFFICE CLEANING-DEC 01-210-54-00-5488 1,061.38 06 2024 ** COMMENT ** 07 651 PP OFFICE CLEANING-DEC 79-795-54-00-5488 318.11 08 2024 ** COMMENT ** 09 651 PP OFFICE CLEANING-DEC 01-220-54-00-5488 203.41 10 2024 ** COMMENT ** 11 PW FACILITY OFFICE 01-410-54-00-5488 153.00 12 CLEANING-DEC 2024 ** COMMENT ** 13 PW FACILITY OFFICE 51-510-54-00-5488 153.00 14 CLEANING-DEC 2024 ** COMMENT ** 15 PW FACILITY OFFICE 52-520-54-00-5488 153.00 16 CLEANING-DEC 2024 ** COMMENT ** 17 LIBRARY OFFICE CLEANING-DEC 82-820-54-00-5488 2,106.00 18 2024 ** COMMENT ** 19 185 WOLF OFFICE CLEANING-DEC 79-790-54-00-5488 230.00Page 64 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541908 UNIMAX UNI-MAX MANAGEMENT CORP 5205 12/17/24 20 2024 ** COMMENT ** 21 PRESCHOOL OFFICE CLEANING-DEC 79-795-54-00-5488 702.00 22 2024 ** COMMENT ** 23 VAN EMMON OFFICE CLEANING-DEC 79-795-54-00-5488 230.00 24 2024 ** COMMENT ** INVOICE TOTAL: 6,049.00 * CHECK TOTAL: 6,049.00 541909 VICKERYJ JUDE VICKERY 13905 10/28/24 01 WATER TOWER INSPECTION AND 51-510-54-00-5462 1,600.00 02 SERVICE ** COMMENT ** INVOICE TOTAL: 1,600.00 * CHECK TOTAL: 1,600.00 541910 WATERSYS WATER SOLUTIONS UNLIMITED, INC 6927179 11/27/24 01 CHEMICALS 51-510-56-00-5638 5,895.00 INVOICE TOTAL: 5,895.00 * CHECK TOTAL: 5,895.00D003924 WEBERR ROBERT WEBER 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 541911 WEX WEX BANK 101901235 12/31/24 01 DEC 2024 GASOLINE 01-210-56-00-5695 6,360.31Page 65 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541911 WEX WEX BANK 101901235 12/31/24 02 DEC 2024 GASOLINE 01-220-56-00-5695 267.26 INVOICE TOTAL: 6,627.57 * CHECK TOTAL: 6,627.57 541912 WILLMAN WILLMAN & GROESCH 2024-0055-724 VETERA 12/19/24 01 SURETY GUARANTEE REFUND 01-000-24-00-2415 2,200.00 INVOICE TOTAL: 2,200.00 * CHECK TOTAL: 2,200.00D003925 WILLRETE ERIN WILLRETT 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003926 WOLFB BRANDON WOLF 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D003927 YODERD DAVID YODER 010125 01/01/25 01 DEC 2024 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00Page 66 of 71 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 01/06/25 UNITED CITY OF YORKVILLE TIME: 07:43:32 PRE-CHECK RUN EDITID: AP211001.W0W INVOICES DUE ON/BEFORE 01/14/2025CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 541913 YOUNGM MARLYS J. YOUNG 100124-EDC 10/08/24 01 10/01/24 EDC MEETING MINUTES 01-110-54-00-5462 85.00 INVOICE TOTAL: 85.00 * 120324 EDC 12/17/24 01 12/03/24 EDC MEETING MINUTES 01-110-54-00-5462 85.00 INVOICE TOTAL: 85.00 * 121124-P&Z 12/18/24 01 12/11/24 P& Z MEETING MINUTES 01-220-54-00-5462 85.00 INVOICE TOTAL: 85.00 * CHECK TOTAL: 255.00 TOTAL CHECKS PAID: 952,836.05 TOTAL DEPOSITS PAID: 28,136.46 TOTAL AMOUNT PAID: 980,972.51Page 67 of 71 REGULAR OVERTIME TOTAL IMRF FICA TOTALSMAYOR & LIQ. COM.144.00$ -$ 144.00$ -$ 11.02$ 155.02$ ALDERMAN440.16 - 440.16 - 33.68 473.84 ADMINISTRATION19,750.35 - 19,750.35 1,151.45 956.51 21,858.31 FINANCE15,719.10 - 15,719.10 925.17 1,181.45 17,825.72 POLICE156,140.73 14,543.40 170,684.13 416.27 12,402.48 183,502.88 COMMUNITY DEV.27,026.52 - 27,026.52 1,598.96 2,017.99 30,643.47 STREETS29,613.06 - 29,613.06 1,732.24 2,188.25 33,533.55 BUILDING & GROUNDS6,356.08 - 6,356.08 379.31 484.89 7,220.28 WATER21,125.22 121.17 21,246.39 1,153.55 1,557.34 23,957.28 SEWER13,203.55 - 13,203.55 769.77 968.92 14,942.24 PARKS34,480.56 612.42 35,092.98 2,024.92 2,637.78 39,755.68 RECREATION28,207.91 - 28,207.91 1,356.00 2,117.98 31,681.89 LIBRARY17,614.74 - 17,614.74 676.15 1,295.33 19,586.22 TOTALS369,821.98$ 15,276.99$ 385,098.97$ 12,183.79$ 27,853.62$ 425,136.38$ TOTAL PAYROLL425,136.38$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYDecember 6, 2024Page 68 of 71 REGULAR OVERTIME TOTAL IMRF FICA TOTALSMAYOR & LIQ. COM.1,607.34$ -$ 1,607.34$ -$ 122.97$ 1,730.31$ ALDERMAN5,990.00 - 5,990.00 - 458.28 6,448.28 ADMINISTRATION19,987.22 - 19,987.22 1,165.27 974.63 22,127.12 FINANCE16,542.05 - 16,542.05 964.40 959.57 18,466.02 POLICE142,301.76 4,130.09 146,431.85 405.33 10,480.84 157,318.02 COMMUNITY DEV.27,026.54 - 27,026.54 1,575.65 1,987.40 30,589.59 STREETS29,724.75 379.30 30,104.05 1,755.04 2,157.42 34,016.51 BUILDING & GROUNDS6,356.07 - 6,356.07 370.56 473.41 7,200.04 WATER22,239.20 1,090.27 23,329.47 1,259.25 1,656.46 26,245.18 SEWER16,394.98 - 16,394.98 955.82 1,144.59 18,495.39 PARKS34,545.99 - 34,545.99 1,969.71 2,565.33 39,081.03 RECREATION30,640.91 - 30,640.91 1,385.16 2,285.05 34,311.12 LIBRARY17,979.48 - 17,979.48 676.15 1,323.21 19,978.84 TOTALS371,336.29$ 5,599.66$ 376,935.95$ 12,482.34$ 26,589.16$ 416,007.45$ TOTAL PAYROLL416,007.45$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYDecember 20, 2024Page 69 of 71 REGULAR OVERTIME TOTAL IMRF FICA TOTALSADMINISTRATION19,568.46 - 19,568.46 1,299.34 1,437.24 22,305.04 FINANCE15,781.59 - 15,781.59 1,047.91 1,174.76 18,004.26 POLICE153,078.55 14,646.52 167,725.07 471.61 12,535.37 180,732.05 COMMUNITY DEV.28,789.05 - 28,789.05 1,908.26 2,167.18 32,864.49 STREETS26,708.70 641.69 27,350.39 1,816.09 2,019.21 31,185.69 BUILDING & GROUNDS6,356.08 - 6,356.08 431.99 484.85 7,272.92 WATER21,977.64 568.45 22,546.09 1,408.09 1,658.21 25,612.39 SEWER16,141.94 - 16,141.94 1,071.81 1,186.70 18,400.45 PARKS35,192.32 35,192.32 2,325.49 2,643.92 40,161.73 RECREATION27,043.91 - 27,043.91 1,626.97 2,031.49 30,702.37 LIBRARY16,804.39 - 16,804.39 770.10 1,233.34 18,807.83 TOTALS367,442.63$ 15,856.66$ 383,299.29$ 14,177.66$ 28,572.27$ 426,049.22$ TOTAL PAYROLL426,049.22$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYJanuary 3, 2025Page 70 of 71 ACCOUNTS PAYABLE DATE Clerk's Check #131251 Kendall County Recorder (Page 1)12/06/2024 114.00$ Manual City Check Register (Page 2)12/09/2024 2,250.00 Manual City Check Register (Page 3)12/12/2024 2,500.00 Clerk's Check #131252 Kendall County Recorder (Page 4)12/13/2024 171.00 Clerk's Check #131253 Kendall County Recorder (Page 5)12/17/2024 171.00 Manual City Check Register (Pages 6 - 28)12/18/2024 1,362,738.67 Manual City Check Register (Page 29)12/19/2024 4,690.51 City MasterCard Bill Register (Pages 30 - 41)12/25/2024 111,108.52 Manual City Check Register (Page 42)12/30/2024 4,140.00 City Check Register (Pages 43 - 67)01/14/2025 980,972.51 SUB-TOTAL:$2,468,856.21 WIRE PAYMENTS Dearborn Insurance -Jan 2025 01/03/2025 3,071.13$ Blue Cross/ Blue Shield Insurance-Jan 2025 12/31/2024 160,575.46 Amalgamated Bank of Chicago - 2023A Bond - Interest PMT 12/23/2024 225,921.88 Amalgamated Bank of Chicago - 2023A Bond - Principal PMT 12/23/2024 150,000.00 Amalgamated Bank of Chicago - 2014C Bond -Interest PMT 12/23/2024 2,025.00 Amalgamated Bank of Chicago - 2014C Bond -Principal PMT 12/23/2024 135,000.00 Amalgamated Bank of Chicago - 2021 Bond -Interest PMT 12/23/2024 98,950.00 Amalgamated Bank of Chicago - 2021 Bond -Principal PMT 12/23/2024 345,000.00 Key Govt Finance-2022 Debt Service- Interest PMT 12/23/2024 14,960.20 Key Govt Finance-2022 Debt Service - Principal PMT 12/23/2024 1,300,000.00 BNY Mellon - 2006 Bond - Interest PMT 12/23/2024 2,400.00 BNY Mellon - 2006 Bond - Principal PMT 12/23/2024 100,000.00 TOTAL PAYMENTS:$2,537,903.67 Bi - Weekly (Page 28)12/06/2024 425,136.38$ Bi - Weekly (Page 62)12/20/2024 416,007.45 Bi - Weekly (Page 62)01/03/2025 426,049.22 SUB-TOTAL:1,267,193.05$ TOTAL DISBURSEMENTS:6,273,952.93$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, January 14, 2025 PAYROLL Page 71 of 71 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #4 Tracking Number PW 2024-100 Well No. 10 Raw Water Main Improvements – Change Order No. 1 (Balancing) City Council – January 14, 2025 PW – 12/17/14 Moved forward to CC consent agenda. PW 2024-100 Majority Consideration of Approval Consideration of Change Order No. 1 – Final Balancing Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 1 – Final Balancing for the above referenced project. A Change Order, as defined by in the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and Cecchin Site Utilities entered into an agreement for a contract value of $1,335,053.00 for the above referenced project. There have been no other subsequent change orders to date. Questions Presented: Should the City approve Change Order No. 1 – Final Balancing, which would increase the contract value by $14,463.67. Discussion: The change order would increase the contract value to $1,349,516.67 based upon final measurement of quantities in the field. We are recommending approval of the change order. Action Required: Consideration of approval of Change Order No. 1 – Final Balancing. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Rob Fredrickson, Finance Director Jori Behland, City Clerk Date: December 17, 2024 Subject: Well No. 10 and Raw Water Main Improvements – Change Order No. 1 (Balancing) Resolution No. 2025-____ Page 1 Resolution No. 2025-______ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A CHANGE ORDER RELATING TO THE WELL NO. 10 AND RAW WATER MAIN IMPROVEMENTS PROJECT 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 has approved a contract in the amount of $1,335,053.00 with Cecchin Site Utilities (“Cecchin”), for a project commonly known as the Well No. 10 and Raw Water Main Improvements, the price of which has increased from the original contract amount in the amount of $14,463.67 (the “Change Order”) due to the final balancing of the contract and a change in contract value based upon final measurements in the field; and WHEREAS, this change order being an increase of less than $25,000, and no other change orders having been submitted on this project, a finding under Section 33E-9 of the Illinois Criminal Code (720 ILCS 5/33E-9) is not required for approval of this change order; and WHEREAS, it has been recommended to the Mayor and City Council (the “Corporate Authorities”) that a Change Order increasing the total contract price to the amount of $1,349,516.67, as set forth in the proposal from Cecchin, be approved. 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. The Corporate Authorities hereby find and declare that the Change Order to the Well No. 10 and Raw Water Main Improvements contract with Cecchin Site Utilities, which Resolution No. 2025-____ Page 2 results in a total increase of $14,463.67, is hereby approved, and the City Administrator is authorized to execute the Change Order as hereinabove identified. Section 3. That this resolution shall be in full force and effect from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK CHANGE ORDER Order No. 1 – Final Balancing Date: December 17, 2024 Agreement Date: May 2, 2024 NAME OF PROJECT: Well No.10 and Raw Water Main Improvements OWNER: United City of Yorkville CONTRACTOR: Cecchin Site Utilities The following changes are hereby made to the CONTRACT DOCUMENTS: Change of CONTRACT PRICE: Original CONTRACT PRICE: $1,335,053.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $1,335,053.00 The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $14,463.67 The new CONTRACT PRICE including this CHANGE ORDER will be: $1,349,516.67 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by calendar days. The date for completion for all work will be: Justification This change order reflects the contract value based upon final measurements in the field. Approvals Required Requested by: United City of Yorkville Recommended by: Engineering Enterprises, Inc. Accepted by: Cecchin Site Utilities PAYABLE TO: Cecchin Site Utilities ADDRESS:1701 Quincy Ave. Suite 500 FROM:9/28/2024 TO:11/26/2024 Naperville, IL-60540 COMPLETED COMPLETED TOTAL TOTAL ITEM AWARDED ADDED DEDUCTED UNIT QUANTITY THIS VALUE THIS COMPLETED COMPLETED NO.ITEMS UNIT QUANTITY VALUE QUANTITY QUANTITY PRICE PAY PERIOD PAY PERIOD QUANTITY VALUE 1 TREE ROOT PRUNING EACH 3 750.00$ 250.00$ -$ 3.0 750.00$ 2 TREE PRUNING (EQUIPMENT CLEARANCE) LS 1 3,500.00$ 3,500.00$ -$ 1.0 3,500.00$ 3 TREE PROTECTION EACH 10 1,500.00$ 150.00$ -$ 10.0 1,500.00$ 4 CONNECTION TO EXISTING WATER MAIN, 8-INCH EACH 2 7,950.00$ 3,975.00$ -$ 2.0 7,950.00$ 5 CONNECTION TO EXISTING WATER MAIN, 6-INCH EACH 1 3,950.00$ 3,950.00$ -$ 1.0 3,950.00$ 6 CONNECTION TO EXISTING WATER MAIN, 12-INCH EACH 3 13,575.00$ 4,525.00$ -$ 3.0 13,575.00$ 7 PRESSURE CONNECTION WITH TAPPING SLEEVE, AND 8" TAPPING VALVE IN VALVE BOX EACH 1 20,000.00$ 1 20,000.00$ -$ 0.0 -$ 8 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 6-INCH LF 55 8,745.00$ 103.0 159.00$ -$ 158.0 25,122.00$ 9 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 8-INCH LF 537 73,032.00$ 5.0 136.00$ -$ 542.0 73,712.00$ 10 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 12-INCH LF 3,576 522,096.00$ 146.00$ -$ 3576.0 522,096.00$ 11 STEEL CASING PIPE, BORED AND JACKED, 20-INCH DIA. 0.25-INCH THICKNESS FOOT 50 34,250.00$ 19.0 685.00$ -$ 69.0 47,265.00$ 12 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 12-INCH EACH 5 41,625.00$ 8,325.00$ -$ 5.0 41,625.00$ 13 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 8-INCH EACH 4 25,140.00$ 1 6,285.00$ -$ 3.0 18,855.00$ 14 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 6-INCH EACH 1 5,495.00$ 5,495.00$ -$ 1.0 5,495.00$ 15 FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ EACH 10 82,400.00$ 8,240.00$ -$ 10.0 82,400.00$ 16 FIRE HYDRANT TO BE REMOVED EACH 3 1,995.00$ 665.00$ -$ 3.0 1,995.00$ 17 DUCTILE IRON FITTINGS LB 4,945 69,230.00$ 508.0 14.00$ -$ 5453.0 76,342.00$ 18 WATER MAIN PROTECTION, PVC C-900, 18-INCH LF 23 4,370.00$ 23.0 190.00$ -$ 46.0 8,740.00$ 19 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 1 TON 50 2,000.00$ 50 40.00$ -$ 0.0 -$ 20 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 2 TON 50 2,000.00$ 50 40.00$ -$ 0.0 -$ 21 FOUNDATION MATERIAL CY 50 4,750.00$ 50 95.00$ -$ 0.0 -$ 22 EXPLORATORY EXCAVATION EACH 3 1,500.00$ 500.00$ -$ 3.0 1,500.00$ 23 VALVE VAULT TO BE ABANDONED EACH 5 2,500.00$ 1 500.00$ -$ 4.0 2,000.00$ 24 VALVE VAULT TO BE REMOVED EACH 1 550.00$ 1 550.00$ -$ 0.0 -$ 25 VALVE BOX TO BE ABANDONED EACH 1 100.00$ 1.0 100.00$ -$ 2.0 200.00$ 26 DISCONNECT AND ABANDON EXISTING WATER MAIN EACH 5 3,250.00$ 650.00$ -$ 5.0 3,250.00$ 27 INLET PROTECTION EACH 4 800.00$ 200.00$ -$ 4.0 800.00$ 28 WATER MAIN TESTING - PRESSURE AND DISINFECTION LS 1 8,000.00$ 8,000.00$ -$ 1.0 8,000.00$ 29 STORM SEWER REMOVAL AND REPLACEMENT, PVC ASTM 2241, 6-INCH LF 30 1,650.00$ 55.00$ -$ 30.0 1,650.00$ 30 STORM SEWER REMOVAL AND REPLACEMENT, PVC WATER MAIN QUALITY, 30-INCH LF 24 7,800.00$ 24 325.00$ -$ 0.0 -$ 31 SANITARY SEWER REMOVAL AND REPLACEMENT, PVC SDR26, 8-INCH LF 21 8,085.00$ 21 385.00$ -$ 0.0 -$ 32 HMA CLASS 'D' PATCH, 4"SY 1,868 87,796.00$ 518.0 47.00$ -$ 2386.0 112,142.00$ 33 HOT-MIX ASPHALT SURFACE REMOVAL - FULL DEPTH WATER MAIN TRENCH SY 1,868 14,944.00$ 467.0 8.00$ -$ 2335.0 18,680.00$ 34 HOT-MIX ASPHALT BIKE PATH REMOVAL AND REPLACEMENT SY 234 14,742.00$ 79.0 63.00$ -$ 313.0 19,719.00$ 35 COMB. CONC. CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 30 2,460.00$ 37.5 82.00$ -$ 67.5 5,535.00$ 36 PORTLAND CEMENT CONCRETE SIDEWALK REMOVAL AND REPLACEMENT SQFT 1,800 28,800.00$ 361.5 16.00$ -$ 2161.5 34,584.00$ 37 DETECTABLE WARNING SQFT 30 1,290.00$ 6.0 43.00$ -$ 36.0 1,548.00$ 38 INLET TO REMOVED AND RESET EACH 1 4,700.00$ 4,700.00$ -$ 1.0 4,700.00$ 39 HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT SY 117 8,892.00$ 159.0 76.00$ -$ 276.0 20,976.00$ 40 AGGREGATE PATH REMOVAL AND REPLACEMENT SY 583 9,911.00$ 292 17.00$ -$ 291.5 4,955.50$ 41 PAINT PAVEMENT MARKING - LINE, 4-INCH LF 160 3,520.00$ 106.1 22.00$ -$ 266.1 5,855.00$ 42 RIP RAP REMOVAL AND REPLACEMENT SY 65 4,290.00$ 66.00$ -$ 65.0 4,290.00$ 43 RESTORATION SQYD 8,600 86,000.00$ 2055.0 10.00$ -$ 10655.0 106,550.00$ 44 RESTORATION (SOD)SQYD 3,140 59,660.00$ 3140 19.00$ -$ 0.0 -$ 45 TRAFFIC CONTROL AND PROTECTION LSUM 1 8,500.00$ 8,500.00$ -$ 1.0 8,500.00$ 46 SILT FENCE FOOT 1,740 6,960.00$ 665 4.00$ -$ 1075.0 4,300.00$ 47 ALLOWANCE - ITEMS ORDERED BY THE ENGINEER UNIT 30,000 30,000.00$ 1.00$ -$ 0.0 -$ 1,335,053.00$ -$ - TO DATE:1,304,606.50$ MISCELLANEOUS ADDITIONS QUANTITY UNIT PRICE VALUES SUMMARY 1 RAW WATER FIRE HYDRANT CUSTODIAN LOCKS (7) COR#1 6 703.00$ 4,218.00$ TOTAL MISCELLANEOUS EXTRAS AND CREDITS 44,910.17$ 2 MODIFY EXISTING VALVE VAULT IN LIEU OF VALVE VAULT #14 COR#3 1 8,356.64$ 8,357.00$ TOTAL COMPLETED CONSTRUCTION COSTS 1,349,516.67$ 3 RELOCATE AND CONNECT 2" WATER SERVICE FOR YORKVILLE GRADE SCHOOL COR#4 1 11,034.64$ 11,034.64$ DEDUCT RETAINAGE -$ 4 ADDITIONAL VAC TRUCK AND LABOR TO CROSS UNDER EX 30" STORM SEWER 1 7,650.00$ 7,650.00$ TOTAL AMOUNT DUE TO CONTRACTOR 1,349,516.67$ 5 16" VALVE REMOVAL AND REPLACEMENT WITH 16" DIP AND 2 SLEEVES 1 12,947.53$ 12,947.53$ TOTAL DEBITS 1,338,813.67$ 6 RAW WATER FIRE HYDRANT CUSTODIAN LOCKS (7) COR#1 1 703.00$ 703.00$ NET AMOUNT DUE - THIS PAYMENT 10,703.00$ DEBITS VALUES 1 PAY ESTIMATE 1 668,479.05$ 2 PAY ESTIMATE 2 585,050.83$ 3 PAY ESTIMATE 3 85,283.79$ PREPARED BY: 4 5 ENGINEERING ENTERPRISES, INC.APPROVED BY: 52 WHEELER ROAD SUGAR GROVE, ILLINOIS 60554 G:\Public\Yorkville\2023\YO2303-P Well No. 10 and Raw Water Main\Construction\Raw WM\Pay Estimate\[Quantity Tracking Master Spreadsheet YO2303.xlsx]Pay No. 4 BID VALUE AWARDED:VALUE COMPLETED - THIS REQUEST: ENGINEERS PAYMENT ESTIMATE NO. 4 - FINAL PAY PERIOD WELL NO. 10 RAW WATER MAIN IMPROVEMENTS UNITED CITY OF YORKVILLE Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #5 Tracking Number PW 2024-110 Grande Reserve Unit 3 – Performance Guarantee Release City Council – January 14, 2025 PW – 12/17/24 Moved forward to CC consent agenda. PW 2024-110 Majority Consideration of Approval Please see the attached memo. Brad Sanderson Engineering Name Department The developer has completed the remaining punch list items from the one-year warranty period. We are now recommending a full release of their remaining performance guarantee bond. The value of the guarantee to be released is $98,055.00. The public improvements were accepted on January 9, 2024. The developer will provide a separate guarantee to cover the costs of the remaining sidewalk within the undeveloped lot. That guarantee will be released after the completion of the sidewalk. The full guarantee of $98,055.00 should not be released until the sidewalk security is in place. Please let us know if you have any questions. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: December 17, 2024 Subject: Grande Reserve Unit 3 Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING THE RELEASE OF A PERFORMANCE GUARANTEE BOND RELATED TO GRANDE RESERVE UNIT 3 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, Grande Reserve (Chicago) ASLI VI, L.L.L.P., an Illinois limited liability limited partnership (“Developer”) submitted a Performance Guarantee Bond in the amount of $98,055.00 to the City, related to the development of Grande Reserve Unit 3 (the “Project”); and WHEREAS, the Developer has completed the Project and all punch-list items from the Project’s one year warranty period; and WHEREAS, City staff and engineering consultants recommend the release of the Performance Guarantee Bond to the Developer. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1. That the foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. That the full Performance Guarantee Bond in the amount of 98,055.00 be released to Grande Reserve (Chicago) ASLI VI, L.L.L.P., as recommended by the City’s engineering consultants, Engineering Enterprises, Inc. Section 3. That this resolution shall be in full force and effect from and after its passage and approval according to law. Resolution No. 2025-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Cryder WayAlden AveHobbs Ln BurrCt Hobbs CtOldGlory Ct CranstonCir GrandeTrail Ct Sunset AvePatriot CtE Veterans PkwyG r a n d e T r l Grande TrlOld Glory DrL y m a n L o o p Parkway Dr Henning Ln Linden AveBurr StRood StCranston CirMcLellan Bl vdAmer i can WayB ristol Rid g e R d B ristol Rid g e R dKennedy RdKennedy RdSquire CirEngineering Enterprises, Inc. 52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con LOCATION MAP DATE:DECEMBER 2024United City of Yorkville651 Prairie Pointe DriveYorkville, IL 60560(630) 553-4350http://www.yorkville.il.us GRANDE RESERVEUNIT 3 UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.:YO1860 PATH:H:/GIS/PUBLIC/YORKVILLE/2018/FILE: fffää N O R T H Legend Unit 3 Boundary H:\GIS\Public\Yorkville\2018\YO1860\YO1860_ Grande Reserve Unit 3.mxd 600 0 600300 Feet ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST DESIGNED: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 SQFT 245 15.00$ 3,675.00$ 1 SQFT 20 60.00$ 1,200.00$ 2 SQYD 230 15.00$ 3,450.00$ 2 EA 2 1,000.00$ 2,000.00$ 10,325.00$ 2,065.00$ 12,390.00$ 12,390.00$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com GRANDE RESERVE - UNIT 3 JOB NO: DATE: YO1860-DR EMW 11/27/2024 TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST PORTLAND CEMENT CONCRETE SIDEWALK, 5" PARKWAY TREE INSTALLATION PARKWAY LANDSCAPING DETECTABLE WARNING ITEM LOT 178 SUBTOTAL CONTINGENCY (20%) LOT TOTAL 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 2025-01 Eldamain Water Main Loop – ComEd Water Main Easement City Council – January 14, 2025 Majority Consideration of Acceptance Consideration of Acceptance Brad Sanderson Engineering Name Department The Comed easement documents necessary for the construction of the water main for the Eldamain Water Main Loop are attached. The city attorney has reviewed the documents. Per Ordinance 2024-31, the cost of the easement will be paid for by C1 Yorkville, LLC. We recommend that the City consider approving and accepting the easement. If you have any questions, please let me know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: January 3, 2025 Subject: Eldamain Water Main Loop – Comed Water Main Easement Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A WATER EASEMENT AGREEMENT WITH COMMONWEALTH EDISON COMPANY 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, C1 Yorkville, LLC, a limited liability company of the State of Delaware (“Developer”), submitted a proposal to the City to develop approximately two hundred twenty nine (229) acres at the northeast corner of Eldamain and Faxon Road (the “Development Site”); and WHEREAS, Developer, as a part of its proposal to the City, requested the City to extend water services to the Development Site and further agreed to be responsible for all costs incurred by the City for the engineering design fees, acquisition of required temporary and permanent easements, and the cost of construction related to water service extended to the Development Site, and all permit fees for its construction; and WHEREAS, Commonwealth Edison Company, an Illinois Corporation (“ComEd”) is the owner of certain property commonly known as Plano TSS 167 (the “Grantor’s Property”) through which it is necessary to install a sixteen (16) inch water main to service the Development Site; and WHEREAS, the City is prepared to work with ComEd to acquire the easement for the installation of the sixteen (16) inch water main and is prepared to approve the Water Easement Agreement with ComEd in the form attached hereto. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. All of the Preambles hereinabove set forth are incorporated herein as if restated. Section 2. The Water Easement Agreement by and between Commonwealth Edison Company, an Illinois Corporation and the United City of Yorkville, in the form attached hereto and made a part hereof is hereby approved, and the Mayor is hereby authorized to execute. Section 3. Upon execution by the Mayor, the City Clerk is directed to record the aforesaid Water Easement Agreement with the County Clerk of Kendall County, Illinois. Ordinance No. 2025-____ Page 2 Section 4. This Ordinance shall be in full force and effect after its passage, publication, 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. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK This Document was Prepared by: When Recorded, Return to: Three Lincoln Centre 4th FL Oakbrook Terrace IL 60181 WATER EASEMENT AGREEMENT THIS Water Easement Agreement (“Easement”) is made as of this ___ day of ______________, 2024, by and between COMMONWEALTH EDISON COMPANY, an Illinois corporation (“Grantor”), with a mailing address of P.O. Box 767, Chicago, Illinois 60690-0676, and United City of Yorkville, 651 Prairie Pointe Drive, Yorkville IL 60560 (“Grantee”). RECITALS: A. Grantor is the owner of a parcel of land in City of Yorkville_, County of Kendall and State of Illinois, commonly known as Plano TSS 167 described in Exhibit A attached hereto and made a part hereof (“Grantor’s Property”). B. Grantor utilizes Grantor’s Property for Grantor’s own business operations, which operations, for purposes hereof, shall include without limitation the construction, reconstruction, maintenance, repair, upgrade, expansion, addition, renewal, replacement, relocation, removal, use and operation of Grantor’s equipment and facilities, whether now existing or hereafter to be installed, in, at, over, under, along or across Grantor’s Property (collectively, “Grantor’s Operations”). C. Grantee desires to install a sixteen-inch (16”) water line across Grantor’s Property in the location legally described and attached hereto as Plat of Survey, Exhibit B 2 NOW, THEREFORE, in consideration of Ten and No/100ths Dollars, the payments, covenants, terms, and conditions to be made, performed, kept and observed by Grantee hereunder and other good and lawful consideration, Grantor and Grantee hereby agree as follows: 1. Grant of Easement. Subject to the terms and provisions of this Easement, Grantor hereby grants and conveys, without warranty of title, a perpetual, non-exclusive easement for the right and privilege to use the Easement Premises for the following purposes and for no other purpose whatsoever: construction and maintenance of a sixteen-inch (16”) water line in substantial conformity with the engineering plan sheets 2, 3, 4, 25, 26, 32, 33, 42, 43, 44, 45, of 50, prepared by Engineers Enterprise Inc, Consulting Engineers, 52 Wheeler Road, Sugar Grove IL 60554 dated March 2024 and known as Improvement plans for Eldamain Water Main Loop, United City of Yorkville, Kendall County Illinois attached hereto as Exhibit C and made a part hereof .(hereinafter referred to as the “Facilities”). 2. Grantee’s Use. The following general conditions shall apply to Grantee’s use of the Easement Premises: (a) Grantee shall procure and maintain at its own expense, prior to entry upon Grantor’s Property hereunder, all licenses, consents, permits, authorizations and other approvals required from any federal, state or local governmental authority in connection with the construction, placement, use and operation of the Easement Premises and the Facilities, and Grantee shall strictly observe all laws, rules, statutes and regulations of any governmental authorities having jurisdiction over the Easement Premises or Grantee’s operations thereon. Grantor may from time to time request reasonable evidence that all such approvals have been obtained by Grantee and are in full force and effect. In no event shall Grantee seek any governmental approvals that may affect in any way Grantor’s Operations, including without limitation any zoning approvals, without in each instance obtaining Grantor’s prior written consent, which consent may be granted or withheld in Grantor’s sole discretion. (b) In the event any aspect of Grantee’s construction, placement, maintenance, repair, use or operation of the Easement Premises and the Facilities at any time violates or is forbidden by any law, statute, rule, regulation, order or requirement of any governmental authority, Grantee shall immediately discontinue such operations and at its own expense take all required corrective action, including without limitation removal of all or any portion of the Facilities from Grantor’s Property if required, within the lesser of (i) thirty (30) days from Grantee’s notice of such violation or (ii) the period of time required by law for the correction of such violation. (c) Grantee’s use of the Easement Premises shall be conducted in a manner that does not conflict or interfere with Grantor’s Operations. (d) This Easement and the rights granted hereunder are subject and subordinate in all respects to all matters and conditions affecting the Easement Premises (whether recorded or unrecorded). (e) Grantee’s obligations and liabilities to Grantor under this Easement with respect to the Easement Premises and the Facilities and all other matters shall not be limited or in any manner impaired by any agreements entered into by and between Grantee and any third parties, including without limitation any agreements related to the construction or installation of the Facilities, and Grantee shall be and remain liable to Grantor for the installation and operation of the Facilities in accordance with the terms and conditions of this Easement, notwithstanding Grantee’s failure or refusal to accept delivery of or title to such facilities from any such third parties. (f) Without limiting the generality of the foregoing, this Easement and the rights granted hereunder are subject and subordinate in all respects to the existing and future rights of Grantor and its 3 lessees, licensees and grantees, existing roads and highways, the rights of all existing utilities, all existing railroad rights-of-way, water courses and drainage rights that may be present in Grantor’s Property. If required, Grantee shall secure the engineering consent of such prior grantees as a prerequisite to exercising its rights hereunder and provide Grantor with a copy of the same. 3. Term. The term of this Easement shall be perpetual, unless sooner terminated in accordance with the provisions of this Easement, and shall commence as of the date first hereinabove written. [4. Fees. In partial consideration of this Easement, Grantee shall pay Grantor a certain sum of money as set forth in a separate agreement between Grantor and Grantee, which amount shall be due and payable to Grantor, prior to Grantor’s execution of this Easement.] 5. Rights Reserved to Grantor. (a) Grantor’s rights in and to the Easement Premises, Grantor’s Property and Grantor’s Operations are and shall remain superior to Grantee’s rights granted hereunder. Grantor shall not be liable to Grantee for damage to the Facilities due to Grantor’s Operations and/or the installation, operation, maintenance or removal of any present or future facilities of Grantor. (b) Grantor reserves the right to grant additional leases, licenses, easements and rights hereafter to third parties through, under, over and across all or any portion of Grantor’s Property, including the Easement Premises, so long as there is no material adverse impact on Grantee’s rights in and use of the Easement Premises pursuant to the terms of this Easement. In the event of a violation of this Paragraph 5(b), Grantee’s sole and exclusive remedy against Grantor shall be seeking an injunction preventing such third party from creating such material adverse impact on Grantee’s rights as aforesaid. 6. Relocation and Restoration of Easement Premises. The following terms and conditions shall govern the rights and obligations of the parties with respect to relocation and restoration of the Easement Premises: (a) In the event any alteration, expansion, upgrade, relocation or other change in Grantor’s Operations interferes or conflicts with Grantee’s use of the Easement Premises hereunder, Grantor shall notify Grantee in writing of such proposed change and the conflict posed by this Easement or the presence of the Facilities on the Easement Premises. Such notice shall contain Grantor’s estimate of the additional costs Grantor will incur if the proposed change in Grantor’s Operations must be altered to avoid or minimize any conflict or interference with Grantee’s use of the Easement Premises. Within ten (10) days after receipt of such notice, Grantee shall notify Grantor in writing of its election to (i) make such changes in the Facilities, at Grantee’s cost, as in the judgment of Grantor may be required to avoid or minimize any conflict or interference with the proposed change in Grantor’s Operations, including without limitation the relocation of the Easement Premises and the Facilities to another location owned by and designated by Grantor, or (ii) reimburse Grantor for all additional costs incurred by Grantor in altering the proposed change in Grantor’s Operations to avoid or minimize such conflict or interference. In the event Grantee fails to notify Grantor in writing of such election within such ten (10) day period, Grantee shall be conclusively deemed to have elected to reimburse Grantor for its additional costs as provided in clause (ii) hereinabove. In the event Grantee elects to make all changes to the Easement Premises and/or the Facilities, including relocation to another location designated by Grantor, required to avoid conflict with the proposed change in Grantor’s Operations, Grantee, at its sole cost and in accordance with all applicable terms and conditions of this Easement, shall promptly take all steps necessary to complete such changes and relocation within a reasonable time but in no event later than sixty (60) days after the date of such election. In the event Grantee elects to reimburse Grantor for the 4 additional costs to be incurred by Grantor, Grantee shall make such payment within thirty (30) days after Grantor’s demand therefor. (b) Grantee agrees that, within thirty (30) days after the termination of this Easement for any reason, Grantee shall, at its sole cost and expense and only if directed to do so by Grantor in Grantor’s sole discretion, remove all of the Facilities from Grantor’s Property and restore and repair Grantor’s Property to the condition existing prior to the installation of the Facilities. In the event Grantee fails to so remove the Facilities and restore and repair Grantor’s Property, Grantor may elect to do so at Grantee’s sole cost and expense, and, in such event, Grantor may dispose of the Facilities without any duty to account to Grantee therefor. Grantee shall pay all costs and expenses incurred by Grantor in removing the Facilities, including any storage costs, and any costs incurred by Grantor in restoring and repairing Grantor’s Property. Any facilities and equipment that Grantee fails to remove from Grantor’s Property within thirty (30) days after the termination of this Easement shall be conclusively deemed to have been abandoned by Grantee and shall become the sole property of Grantor, without liability or obligation to account to Grantee therefor. 7. Condition of Grantor’s Property. Grantee has examined the Easement Premises and knows its condition. Grantee hereby accepts the condition of the Easement Premises in its AS-IS, WHERE-IS CONDITION, WITH ALL FAULTS. No representations as to the condition, repair or compliance thereof with any laws, and no agreements to make any alterations, repairs or improvements in or about the Easement Premises have been made by or on behalf of Grantor. By accepting possession of the Easement Premises, Grantee shall be conclusively presumed to have accepted the condition thereof and to have unconditionally waived any and all claims whatsoever related to the condition of the Easement Premises. 8. Conditions Governing Construction, Repair, Maintenance and Other Work. (a) All work performed by Grantee pursuant to this Easement, including without limitation all work related to the installation, alteration, maintenance (excluding only routine maintenance), repair, relocation, replacement or removal of the Easement and the Facilities, shall be performed in accordance with plans and specifications approved in writing by Grantor prior to the commencement of such work. Grantor shall review and approve any amendments, additions or other changes to such approved plans and specifications, prior to the performance of any work identified therein. Grantor shall have the right (but not the obligation) to supervise Grantee’s performance of any such work at the Easement Premises (or any component thereof) and, in the event that Grantor so elects, Grantee shall reimburse Grantor for any and all costs of such supervision, together with a charge for Grantor’s overhead, as determined by Grantor. (b) Prior to the performance of any work, Grantee shall (i) obtain all applicable permits, approvals and authorizations required from any federal, state or local governmental authorities and furnish Grantor with satisfactory evidence that all such approvals have been obtained and (ii) furnish Grantor with certificates of insurance for each contractor and subcontractor evidencing such contractor’s or subcontractor’s compliance with the requirements of Section 11 hereof. (c) Except for emergency repairs affecting the health and safety of the public, Grantee shall provide Grantor with not less than thirty (30) days advance notice of any work (including routine maintenance) so that Grantor may take such protective actions as Grantor deems necessary to ensure the safety and reliability of Grantor’s facilities in the area of Grantee’s proposed work. Grantee shall postpone the commencement of its work until such time as Grantor has completed any and all such protective work. Any cost and expense of such protective work shall be borne by Grantee and paid by Grantee within thirty (30) days after receipt of a bill therefor. 5 (d) Grantee hereby agrees that, in the event that Grantee (or any employee, agent, representative, contractor, licensee, invitee or guest of Grantee) performs any grading, leveling, digging or other work of any kind on the Grantor’s Property (to the extent expressly permitted under the terms of this Easement) and damages any improvements, fixtures, facilities, equipment, or other property located (now or in the future) at Grantor’s Property, then Grantee will either (at Grantor’s sole election), (x) promptly cause any such improvements, fixtures, facilities, equipment or other property to be repaired and restored to the same or better condition as the same were in immediately prior to such damage or destruction, or (y) promptly pay Grantor the amount which Grantor estimates (as set forth in a written notice from Grantor to Grantee) will cover the cost and expense of repairing and restoring such damage or destruction. Prior to performing any such grading, leveling, digging or excavation work on the Easement Premises (which work shall be subject to Grantor’s prior written approval), Grantee will notify J.U.L.I.E. at telephone number (800) 892-0123, C.U.A.N. at (312) 744-7000 if the Easement Premises are located in the City of Chicago, or in the event the Easement Premises are located outside J.U.L.I.E.’s or C.U.A.N.’s jurisdiction, any other services required by the utilities in the jurisdiction where the Easement Premises are located, at least seventy-two (72) hours prior to the commencement of such work in order to locate all existing utility lines that may be present on the Easement Premises. (e) Except for emergency repairs affecting the health and safety of the public, which emergency repairs should be called in within the first 8-hours of entering Grantor’s Property and confirmed by Grantor, Grantee shall (in addition to the notice required under subparagraph (c) above) notify Grantor’s at telephone number (800) Edison1, at least forty-eight (48) hours in advance of entering Grantor’s Property for the performance of any work (including routine maintenance). The timing and scheduling of such work shall be subject to Grantor’s prior approval. In the event Grantee is required to perform any emergency repair work affecting the health and safety of the public, Grantee shall notify Grantor in writing of such repair work within forty-eight (48) hours after the performance of such repairs. (f) Grantee hereby acknowledges that the Easement Premises may be used from time to time to accommodate equipment and facilities of other persons and/or entities (including, without limitation, pipeline and utility companies) which are (or will be) located on, above or below the surface of the Easement Premises. Grantee agrees that it will contact any such persons and/or entities holding rights to use and/or occupy the Easement Premises, and provide the proper protection required by such persons or entities, in connection with Grantee’s use and occupancy of the Easement Premises. Grantee further agrees to furnish Grantor copies of the correspondence between the any such persons or entities and Grantee. Grantee agrees that this requirement shall apply to any installations currently located on, above or below the Easement Premises and any and all future installations on, above or below the Easement Premises. (g) Grantor may withhold its approval to the performance of any work hereunder whenever any of the following conditions exist: (i) Grantee is in default under this Easement, (ii) the performance of such work and the use and occupancy of Grantor’s Property contemplated by such work in Grantor’s judgment will interfere with Grantor’s Operations or any other then existing uses of Grantor’s Property, or (iii) Grantor and Grantee have failed to enter into such supplemental agreements as Grantor deems necessary or advisable regarding the performance of such work. Grantor retains the right to suspend or stop all such work if in Grantor’s sole judgment the ongoing performance of such work endangers Grantor’s facilities or threatens to interfere with Grantor’s Operations, and Grantor shall incur no liability for any additional cost or expense incurred by Grantee or any third parties in connection with such work stoppage. (h) All work shall be performed in a good and workmanlike manner and in accordance with all applicable laws, statutes, building codes and regulations of applicable governmental authorities. Without limiting the generality of the foregoing, Grantee shall cause all work and the placement of the 6 Easement Premises and the Facilities to meet the applicable requirements of 83 Ill. Admin. Code Part 305, as amended from time to time, and shall cause all workers performing any work on behalf of Grantee, its contractors and subcontractors, to be equipped for and conform to OSHA safety regulations. Upon completion of the work, Grantee shall (i) provide waivers of liens from each contractor and such other evidence of lien-free completion of the work as Landlord may require and (ii) restore all adjacent and other affected areas of Grantor’s Property to their original condition preceding the commencement of such work. (i) Grantee shall promptly notify Grantor of any damage caused to Grantor’s facilities arising our of or related to the performance of such work, including without limitation damage to crops, fences, pasture land or livestock, landscaping and the like and Grantee will reimburse Grantor on demand for the cost of any such repairs and other expenses incurred by Grantor as a result of such damage. The formula described in Section 15(b) shall be used to determine the amount due Grantor as reimbursement for the cost of such repairs. No vehicles, equipment or anything else (including, but not limited to, any equipment attached to vehicles or equipment such as antennas) having a height which exceeds the maximum allowable height under applicable OSHA height standards in effect from time to time, shall be driven, moved or transported on the Easement Premises without Grantor’s prior written consent. (j) There shall be no impairment of any natural or installed drainage facilities occasioned by any work related to the Easement Premises and/or the Facilities and Grantee at its cost shall repair and replace all drainage tiles damaged or destroyed during the performance of such work. (k) The following additional specific requirements shall apply to the performance of the work related to the Easement Premises and/or the Facilities: (i) Grantee agrees that the Facilities will be installed in strict conformity with the plans attached hereto as Exhibit B. (ii) Should any proposed changes to the Easement Premises and/or the Facilities be required, either before or after installation, Grantee, or its successors, shall first submit such changes to Grantor, in the form of revised plans for Grantor’s review and approval. (iii) Where the Facilities cross Grantor’s fiber optic cable (TBON), Grantor may require that split plastic duct shall be installed and secured around Grantor’s underground fiber optic cables in order to protect the fiber optic cable from any damage during any backfilling operation, all of which shall be performed at Grantee’s sole cost and expense. (v) Grantee agrees, upon completion of the installation of the Facilities, Grantee will replace all backfilling material in a neat, clean and workmanlike manner, with the topsoil on the surface of Grantor’s Property, together with the removal of all excess soils, including any rocks, debris or unsuitable fill from Grantor’s Property that has been displaced by the placement of the Facilities. At Grantor’s sole election, Grantor may permit Grantee to evenly spread any portion of the remaining topsoil over the Easement Premises so long as Grantee shall not cause or permit the existing ground grade on the Easement Premises to be increased or decreased above or below the existing grade level of the Easement Premises as of the date hereof. (vi) Grantee agrees that all of Grantor’s Property as affected by the construction of the Facilities shall be leveled, dressed and the area re-seeded using grass over and along Grantee’s entire construction project site, except for those areas that are either tenant occupied for agricultural purposes and/or those areas that involve in wetland construction, where governmental wetland restoration requirements shall take precedence. Grantee shall manage the re-seeding process until a firm grass 7 growth has been established on Grantor’s Property. Grantee agrees to leave Grantor’s Property in a neat, clean and orderly condition and to the satisfaction of Grantor, including, but not limited to, the re-seeding of Grantor’s Property as required. (vii) Grantee covenants and agrees that, in the event that Grantee installs (or is required (by Grantor or otherwise) to install) any fencing and/or gates in connection with Grantee’s work at the Easement Premises (or its use or occupancy of the Easement Premises), Grantee will install, maintain and operate such fences and/or gates in strict compliance with any and all fencing and locking rules, regulations and guidelines which Grantor may deliver to Grantee from time to time. (viii) Grantee acknowledges and confirms that, in connection with Grantor’s review and/or approval of the plans and specifications for Grantee’s work at the Easement Premises (as provided in Subsection 8(a) above), Grantor may require that barricades (“Barricades”) be installed on the Easement Premises in order to protect Grantor’s Operations and/or other equipment, improvements and facilities of Grantor and other users and occupants of the Easement Premises. Any such Barricades shall be installed either (at Grantor’s sole option): (i) by Grantee, at Grantee’s sole cost and expense, in a manner satisfactory to Grantor, or (ii) by Grantor, in which event Grantee shall pay to Grantor, prior to such installation, Grantor’s reasonable estimate of the cost of such installation of the Barricades. 9. Covenants of Grantee. Grantee hereby covenants and agrees as follows (which covenants shall survive the expiration or termination of this Easement and Grantee’s rights and privileges under this Easement): (a) Grantee shall obtain and maintain all rights, licenses, consents and approvals required from any governmental authorities or third parties with respect to the installation, use or operation of the Easement Premises and/or the Facilities on Grantor’s Property and, at Grantor’s request, Grantee shall provide Grantor with evidence thereof. Grantee shall cause the Easement Premises and the Facilities to be maintained at all times in good repair and in accordance with all requirements of applicable law, and Grantee shall not permit any nuisances or other unsafe or hazardous conditions to exist in, on or under Grantor’s Property in connection with the Easement Premises and/or the Facilities or Grantee’s use or occupancy of Grantor’s Property. In the event Grantee fails to fully and faithfully perform all such repair and maintenance obligations, Grantor shall have right (but not the obligation) after thirty (30) days’ written notice to Grantee, to cause such repairs and maintenance to be performed and charge the cost thereof to Grantor. In the event Grantor elects to perform such repair and maintenance, the amount due Grantor from Grantee as reimbursement shall be determined using the formula described in Section 15(b) hereof. (b) Grantee shall install the Facilities and use and occupy the Easement Premises in a manner that avoids any interference with Grantor’s Operations. Within fifteen (15) days after Grantor’s demand therefor, Grantee shall reimburse Grantor for all costs incurred by Grantor as a result of injury or damage to persons, property or business, including without limitation the cost of repairing any damage to Grantor’s equipment or facilities or costs arising from electrical outages, caused by the use and occupancy of the Easement Premises by Grantee, its representatives, employees, agents, contractors, subcontractors and invitees. (c) Grantee hereby covenants and agrees that it will not cause or permit any lien (including, without limitation, any mechanic’s lien) or claim for lien to be asserted against the Easement Premises or any interest therein, whether such lien or claim for lien results from or arises out of any act or omission of Grantee or its employees, agents, consultants, representatives, contractors, subcontractors or materialmen, or otherwise. In the event any such lien or claim for lien is filed, Grantee will immediately pay and release the same. In the event such lien or claim of lien is not released and removed within five (5) days 8 after notice from Grantor, Grantor, at its sole option and in addition to any of its other rights and remedies, may take any and all action necessary to release and remove such lien or claim of lien (it being agreed by Grantee that Grantor shall have no duty to investigate the validity thereof), and Grantee shall promptly upon notice thereof reimburse Grantor for all sums, costs and expenses, including court costs and reasonable attorneys’ fees and expenses, incurred by Grantor in connection with such lien or claim of lien. Grantee hereby agrees to indemnify, defend and hold harmless Grantor from and against any and all liens or claims for lien arising out of or in any way connected with Grantee’s use and occupancy of the Easement Premises. (d) In addition to, and not in lieu of, the other payments which Grantee is required to make under this Easement, Grantee shall pay the following amounts to Grantor in respect of real estate taxes and assessments, in each case no later than thirty (30) days after Grantor’s written demand therefor: (i) All real estate taxes and other assessments which are allocable to any improvements, structures or fixtures constructed, installed, or placed by Grantee at the Easement Premises for all periods during which this Easement is in effect, plus (ii) Any increase in the real estate taxes and other assessments payable with respect to the Easement Premises (or any tax parcel of which the Easement Premises is a part) which is allocable to this Easement, Grantee’s use or occupancy of the Easement Premises, or any improvements, structures or fixtures constructed, installed or placed by Grantee at the Easement Premises (but without duplication of any amount payable pursuant to clause (a) above), for all periods during which this Easement is in effect. For purposes of this Easement real estate taxes or assessments “for” or “with respect to” any particular period (or portion thereof) shall mean the real estate taxes or assessments which accrue with respect to such period, irrespective of the fact that such taxes or assessments may be due and payable within a different period. [TO BE USED IF GRANTEE IS A MUNICIPALITY OR OTHER TAX EXEMPT ENTITY: Grantee hereby covenants and agrees that Grantee shall, no later than the “Tax Exemption Date” (as hereinafter defined), at Grantee’s sole cost and expense, execute and deliver all documents, instruments petitions and applications, and take all other actions which may be necessary and/or appropriate, in order to cause the Easement Premises to be exempted from the payment of real estate taxes, to the extent that it is possible, under applicable law. In the event that Grantee is successful in obtaining any such real estate tax exemption for the Easement Premises, then Grantee shall thereafter cause such real estate tax exemption to be continued for each tax year (or portion thereof) during which this Easement is in effect (and Grantee shall execute such documents, instruments, petitions and applications, and take such other actions which may be necessary and/or appropriate, to cause such property tax exemption to be so continued). In the event that Grantee is unsuccessful in obtaining or continuing any such real estate tax exemption with respect to the Easement Premises, then Grantee shall thereafter use commercially reasonable efforts to continue to seek such exemption (or continuance thereof, as applicable) and shall, from time to time if Grantor so requests, take such actions as may be necessary to apply for such exemption (or continuation). For purposes hereof, the term “Tax Exemption Date” shall mean the date that is the earlier of: (i) sixty (60) days after the date of this Easement, or (ii) the deadline for submitting a real estate tax exemption petition or application for the real estate taxes for the year in which this Easement is executed and delivered.] (e) Grantee shall notify Grantor in writing within thirty (30) days after the date Grantee ceases to use the Easement Premises and/or the Facilities and shall provide Grantor with a properly executed release of this Easement. 9 10. General Indemnity. To the maximum extent permitted under applicable law, Grantee agrees to protect, indemnify, defend (with counsel acceptable to Grantor) and hold harmless Grantor and Exelon Corporation, and their respective parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, employees, representatives, agents, contractors, licensees, lessees, guests, invitees, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, costs, damages, liabilities, expenses (including, without limitation, reasonable attorneys’ fees) and/or injuries (including, without limitation, damage to property and/or personal injuries) suffered or incurred by any of the Indemnified Parties (regardless of whether contingent, direct, consequential, liquidated or unliquidated) (collectively, “Losses”), and any and all claims, demands, suits and causes of action brought or raised against any of the Indemnified Parties (collectively, “Claims”), arising out of, resulting from, relating to or connected with: (i) any act or omission of Grantee or its officers, directors, shareholders, employees, representatives, agents, contractors, licensees, lessees, guests, invitees, successors and assigns (“Grantee Parties”) at, on or about Grantor’s Property, and/or (ii) any breach or violation of this Easement on the part of Grantee, and notwithstanding anything to the contrary in this Easement, such obligation to indemnify and hold harmless the Indemnified Parties shall survive any termination of this Easement. This indemnification shall include, but not be limited to, claims made under any workman’s compensation law or under any plan for employee’s disability and death benefits (including without limitation claims and demands that may be asserted by employees, agents, contractors and subcontractors). 11. Waiver. Any entry onto Grantor’s Property by Grantee Parties shall be at such parties’ sole risk, and Grantor makes (and has heretofore made) no representations or warranties of any kind whatsoever regarding Grantor’s Property or the condition of Grantor’s Property (including, without limitation, the environmental condition thereof). To the fullest extent permitted under applicable law, each of Grantee Parties hereby waives any and all claims, demands, suits and causes of action against the Indemnified Parties, and fully and forever release the Indemnified Parties, for any loss, cost, damage, liability or expense (including, without limitation attorneys’ fees) suffered or incurred by such Grantee Parties in connection with any entry onto Grantor’s Property pursuant to this Easement. This Section will survive termination of this Easement. 12. Insurance. Grantee agrees to require its contractors, before commencing any work on the Easement Premises to purchase and maintain, or at the option of Grantee to itself purchase and maintain, at the cost of Grantee or its contractors, a policy or policies of insurance issued by insurance companies authorized to do business in the State of Illinois, having ratings of A-/VII or better in the Best’s Key Rating Insurance Guide (latest edition in effect at the latest date stated in the Certificates of Insurance) and in a form satisfactory to Grantor as follows: COVERAGE #1 Workers' Compensation Insurance with statutory limits, as required by the state in which the work is to be performed, –and Employers' Liability Insurance with limits not less than One Million dollars ($1,000,000.00) each accident/occurrence COVERAGE #2 Commercial General Liability (CGL) Policy or Policies (with coverage consistent with ISO CG 0001 (04 13)) covering all contractors, subcontractors and all their subcontractors with limits not less than Five 10 Million dollars ($5,000,000.00) per occurrence covering liability for bodily injury and property damage arising from premises, operations, independent contractors, personal injury/advertising injury, blanket contractual liability and products/completed operations for not less than three (3) years from the date the work is accepted Grantor shall be added as an Additional Insured providing coverage consistent with ISO Form CG 20 26 11 85 or the combination of ISO Form CG 20 10 10 01 and CG 20 37 10 01. COVERAGE #3 Automobile Liability in an amount of not less than one million dollars ($1,000,000) per accident for bodily injury and property damage, covering all owned, leased, rented or non-owned vehicles, which shall include automobile contractual liability coverage. Policies covering contractors may substitute lower limits for any of the policies listed above, provided that Contactors maintains an umbrella or excess liability policy or policies which provide a total minimum limit of four million dollars ($5,000,000) per occurrence for general liability and one million dollars ($1,000,000) for automobile liability, and that all other requirements of this insurance clause are satisfied by such umbrella or excess policy or policies. Grantee may substitute lower limits for any of the policies listed above, provided that Grantee maintains an umbrella or excess liability policy or policies which provide a total minimum limit of $5,000,000.00 per occurrence for general liability, and that all other requirements of this insurance clause are satisfied by such umbrella or excess policy or policies. If any work on the Easement Premises involves or includes Contractor handling, transporting, disposing, or performing work or operations with hazardous substances, contaminants, waste, toxic materials, or any potential pollutants, Grantee and/or contractors shall purchase and maintain pollution legal liability applicable to bodily injury; property damage, including loss of us of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any loss arising from the Leased Premises. Coverage shall be maintained in an amount of at least two million dollars ($2,000,000) per loss and aggregate. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. Grantor shall be included as an additional insured and the policy shall be primary with respect to Grantor as the additional insured. There shall be furnished to Grantor, prior to commencing the work above described a certificate of insurance showing the issuance of insurance policies pursuant to the requirements contained in Coverages #1, #2, and #3 of this paragraph and shall be delivered to Grantor upon written request. Insurance coverage as required herein shall be kept in force until all work has been completed. Grantee will provide proof the coverages afforded under the 11 policies will not be canceled or materially changed until at least thirty (30) days prior written notice (ten (10) days in the case of nonpayment of premium) has been given to Exelon. Grantee shall provide evidence of the required insurance coverage under Coverage #2 and #3, which shall be delivered to Grantor upon execution of this document. The insurance under Coverage #2 and #3 shall be kept in force through the term hereof through the above-referred policy, or such subsequent or substitute policy or policies as Grantee may, at its discretion, obtain. Insurance coverage provided by Grantee and its contractors shall not include any of the following; any claims made insurance policies; any self-insured retention or deductible amount greater than two hundred fifty thousand dollars ($250,000) unless approved in writing by Grantor; any endorsement limiting coverage available to Grantor which is otherwise required by this Article; and any policy or endorsement language that (i) negates coverage to Grantor for Grantor’s own negligence, (ii) limits the duty to defend Grantor under the policy, (iii) provides coverage to Grantor only if Grantee or its contractors are negligent, (iv) permits recovery of defense costs from any additional insured, or (v) limits the scope of coverage for liability assumed under a contract. To the extent permitted by applicable Laws, all above-mentioned insurance policies shall provide the following: (1) Be primary and non-contributory to any other insurance carried by Grantor (2) Contain cross-liability coverage as provided under standard ISO Forms’ separation of insureds clause; and (3) Provide for a waiver of all rights of subrogation which Grantee’s, or its Contractors’ insurance carrier might exercise against Grantor; and (4) Any Excess or Umbrella liability coverage will not require contribution before it will apply Grantor hereby reserves the right to amend, correct and change from time-to-time the limits, coverages and forms of polices as may be required from Grantee and/or its contractors. WAIVER OF SUBROGATION Grantee and its contractors shall waive all rights of subrogation against Grantor under those policies procured in accordance with this Easement. a. 13. Environmental Protection. (a) Grantee covenants and agrees that Grantee shall conduct its operations on the Easement Premises in compliance with all applicable Environmental Laws (as hereinafter defined) and further 12 covenants that neither Grantee, nor any of Grantee Parties, shall use, bring upon, transport, store, keep or cause or allow the discharge, spill or release (or allow a threatened release) in each case of any Hazardous Substances (as hereinafter defined) in, on, under or from the Easement Premises. Without limiting any other indemnification obligations of Grantee contained herein, Grantee hereby agrees to protect, indemnify, defend (with counsel acceptable to Grantor) and hold harmless the Indemnified Parties from and against any and all Losses and Claims (including, without limitation, (i) reasonable attorneys’ fees, (ii) liability to third parties for toxic torts and/or personal injury claims, (iii) fines, penalties and/or assessments levied, assessed or asserted by any governmental authority or court, and (iv) assessment, remediation and mitigation costs and expenses and natural resource damage claims) arising out of, resulting from or connected with any Hazardous Substances used, brought upon, transported, stored, kept, discharged, spilled or released by any Grantee Parties or any other person or entity (except for any person or entity which is an Indemnified Party) in, on, under or from the Easement Premises. For purposes of this Easement, the term “Hazardous Substances” shall mean all toxic or hazardous substances, materials or waste, petroleum or petroleum products, petroleum additives or constituents or any other waste, contaminant or pollutant regulated under or for which liability may be imposed by any Environmental Law. “Environmental Laws” shall mean all federal, provincial, state and local environmental laws (including common law) regulating or imposing standards of care with respect to the handling, storage, use, emitting, discharge, disposal or other release of Hazardous Substances, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., the Clean Air Act, 42 U.S.C. §§7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. §§1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. §§2601, et seq., the Oil Pollution Control Act, 33 U.S.C. §§2701, et seq., any successor statutes to the foregoing, or any other comparable local, state or federal statute, ordinance or common law pertaining to protection of human health, the environment or natural resources, including without limitation the preservation of wetlands, and all regulations pertaining thereto, as well as applicable judicial or administrative decrees, orders or decisions, authorizations or permits. (b) If there are wetlands on the Easement Premises, or if wetlands should develop on the Easement Premises during the term of this Easement, Grantee shall strictly comply with and observe all applicable Environmental Laws. At Grantor’s request, Grantee, at its cost, shall furnish Grantor with a survey of the Easement Premises delineating any wetland areas located on the Easement Premises. Under no circumstances shall Grantee change the physical characteristics of any wetland areas located on the Easement Premises or any adjoining land or place any fill material on any portion of the Easement Premises or adjoining land, without in each instance obtaining Grantor’s prior written consent (which may be granted or withheld in Grantor’s sole discretion), and only then in compliance with applicable Environmental Laws. (c) Grantee shall provide Grantor with prompt written notice upon Grantee’s obtaining knowledge of any potential or known release or threat of release of any Hazardous Substances affecting the Easement Premises. (d) This Section shall survive the expiration or other termination of the Easement. 14. Defaults. The occurrence of any of the following shall constitute an event of default (“Event of Default”) under this Easement: (a) Grantee shall fail to pay when due any amount payable to Grantee hereunder and such failure continues for a period of ten (10) days after notice thereof from Grantor; or 13 (b) Grantee shall breach or violate any of its duties or obligations set forth in Section 9(c) or Section 12 of this Easement; or (c) Grantee shall at any time be in default in any other covenants and conditions of this Easement to be kept, observed and performed by Grantee and such default continue for more than thirty (30) days (or such shorter time period as may specifically set forth in this Easement) after notice from Grantor; or (d) A receiver, assignee or trustee shall be appointed for Grantee or if the Grantee shall file bankruptcy, or if involuntary bankruptcy proceedings shall be filed against Grantee; or (e) Grant shall fail to complete construction of the Facilities on or before 12 months after the date of this Easement or shall fail to operate or maintain the Facilities for a period of twelve (12) consecutive months. 15. Remedies. Upon the occurrence of an Event of Default, Grantor may exercise any one or more of the following remedies (which remedies shall survive the expiration or termination of this Easement and Grantee’s rights and privileges under this Easement): (a) terminate this Easement and all rights and privileges of Grantee under this Easement by written notice to Grantee; or (b) take any and all corrective actions Grantor deems necessary or appropriate to cure such default and charge the cost thereof to Grantee, together with (i) interest thereon at the rate of nine (9%) percent and (ii) an administrative charge in an amount equal to ten percent (10%) of the cost of the corrective action to defray part of the administrative expense incurred by Grantor in administering such cure, such payment to be made by Grantee upon Grantor’s presentment of demand therefor; or (c) any other remedy available at law or in equity to Grantor, including without limitation specific performance of Grantee’s obligations hereunder. Grantee shall be liable for and shall reimburse Grantor upon demand for all reasonable attorney’s fees and costs incurred by Grantor in enforcing Grantee’s obligations under this Easement, whether or not Grantor files legal proceedings in connection therewith. No delay or omission of Grantor to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Easement shall be construed, taken or held to be a waiver of any other breach, or as a waiver, acquiescence in or consent to any further or succeeding breach of the same covenant. The acceptance of payment by Grantor of any of the fees or charges set forth in this Easement shall not constitute a waiver of any breach or violation of the terms or conditions of this Easement. 16. Notices. Whenever notice is required to be given pursuant to this Easement, the same shall be in writing, and either personally delivered, sent by a nationally recognized overnight delivery service, postage prepaid, or sent via United States certified mail, return receipt requested, postage prepaid, and addressed to the parties at their respective addresses as follows: 14 If to Grantor: Commonwealth Edison Company P.O. Box 767 Chicago, Illinois 60690-0767 Attn: Director of Real Estate Services with a copy to: Exelon Business Services Company Law Department P.O. Box 805379 Chicago, Illinois 60680-5379 Attn: Assistant General Counsel – Real Estate If to Grantee: United City of Yorkville 651 Prairie Pointe Drive Yorkville IL 60560 Attn:_____________________ or at such other addresses as any party, by written notice in the manner specified above to the other party hereto, may designate from time to time. Unless otherwise specified to the contrary in this Easement, all notices shall be deemed to have been given upon receipt (or refusal of receipt) thereof. 17. No Assignment by Grantee. This Easement and the rights and obligations of the parties hereto shall be binding upon and inure to the benefit of the parties and their respective successors, personal representatives and assigns and the owners of Grantee’s Property and Grantor’s Property, from time to time; provided, however, that Grantee shall have no right to assign all or any portion of its right, title, interest or obligation in this Easement or under this Easement without the prior written consent of Grantor, which consent may be granted or withheld by Grantor in its sole and exclusive discretion. Any attempt by Grantee to assign all or any portion of its interest hereunder in violation of the foregoing shall be void and of no force and effect. The terms “Grantor” and “Grantee” as used herein are intended to include the parties and their respective legal representatives, successors and assigns (as to Grantee such assigns being limited to its permitted assigns), and the owners of Grantor’s Property and Grantee’s Property, from time to time. For purposes of this Easement, any transfer, directly, indirectly or by operation of law, of a “controlling” interest in Grantee shall constitute an assignment of this Easement, and shall be subject to the terms and provisions of this Section 17. For purposes hereof, a “controlling” interest in Grantee shall mean: (a) the ownership, directly or indirectly, of a majority of the outstanding voting stock or interests of Grantee, or (b) the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of Grantee, whether through the ownership of voting securities or other ownership interests, by statute, or by contract. 18. Entire Agreement. This Easement, the exhibits and addenda, if any, contain the entire agreement between Grantor and Grantee regarding the subject matter hereof, and fully supersede all prior written or oral agreements and understandings between the parties pertaining to such subject matter. 15 19. Transfer by Grantor. Upon any transfer or conveyance of the Easement Premises by Grantor, the transferor shall be released from any liability under this Easement, and the transferee shall be bound by and deemed to have assumed the obligations of Grantor arising after the date of such transfer or conveyance. 20. No Oral Change. This Easement cannot be changed orally or by course of conduct, and no executory agreement, oral agreement or course of conduct shall be effective to waive, change, modify or discharge it in whole or in part unless the same is in writing and is signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. 21. Further Assurances. Each party agrees that it will execute and deliver such other documents and take such other action as may be reasonably requested by the other party to effectuate the purposes and intention of this Easement. 22. Governing Law, Venue. The terms and provisions of this Easement shall be governed by and construed in accordance with the laws of the State of Illinois. With respect to any suit, action or proceeding relating to this Easement (each a "Proceeding"), the parties hereto each irrevocably: (a) agree that any such Proceeding shall be commenced, brought, tried, litigated and consummated in the courts of the State of Illinois located in the County of Cook or (as applicable) the United States District Court for the Northern District of Illinois, (b) submit to the exclusive jurisdiction of the courts of the State of Illinois located in the County of Cook and the United States District Court for the Northern District of Illinois, and (c) waive any objection which they may have at any time to the laying of venue of any Proceeding brought in any such court, waive any claim that any Proceeding brought in any such court has been brought in an inconvenient forum, and further waive the right to object, with respect to such Proceeding, that any such court does not have jurisdiction over such party. 23. Time is of the Essence. Time is of the essence of each and every provision of this Easement. 24. Severability. In the event that any governmental or regulatory body or any court of competent jurisdiction determines that any covenant, term or condition of this Easement as applied to any particular facts or circumstances is wholly or partially invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect such covenant, term or condition as applied to other facts or circumstances (unless the effect of such determination precludes the application of such covenant, term or condition to other facts or circumstances) or the validity, legality or enforceability of the other covenants, terms and conditions of this Easement. In the event any provision of this Easement is held to be invalid, illegal or unenforceable, the parties shall promptly and in good faith negotiate new provisions in substitution therefor to restore this Easement to its original intent and effect. 25. No Reinstatement. No receipt of money by Grantor from Grantee, after the expiration or termination of this Easement shall renew, reinstate, continue or extend the term of this Easement. 26. Non-Affiliated. By signing this Easement, Grantee affirms and states that it is not an employee of Commonwealth Edison Company nor Exelon Corporation, and their respective parents, subsidiaries and affiliates, nor has any affiliated interest in the Commonwealth Edison Company or Exelon Corporation, and their respective parents, subsidiaries and affiliates. 27. Counterparts. This Easement may be executed by the parties in counterparts. Each such counterpart shall be deemed an original and all such counterparts, taken together, shall constitute one and the same agreement. 16 28. No Assessment. By signing this Easement Grantee agrees that Grantor or its public utility successor shall not be assessed for any improvements to be constructed pursuant hereto as a local improvement project or otherwise charged for the cost of such improvements. 29. No Third Party Beneficiaries. Grantor and Grantee agree and acknowledge that, except as expressly set forth herein, there are no intended third party beneficiaries of this Easement nor any of the rights and privileges conferred herein. 30. Illinois Commerce Commission Approval. Grantor and Grantee acknowledge that Grantor is a public utility regulated by the Illinois Commerce Commission (“Commission”) and other governmental authorities, and this Easement and the obligations of the parties hereto are subject to all legal requirements applicable to Grantor as a public utility. Although it is not expected that the Commission’s or other governmental authority’s approval will be required for this Easement, the rights and obligations of the parties hereunder are conditioned upon the Commission’s and any other applicable governmental authority’s approval of this Easement, under any circumstances in which such approval is required. It is further agreed and understood that this Easement may be terminated by Grantor immediately at any time in the event that Grantor is required to do so by the Commission or some other governmental authority. 31. Labor Relations. Neither Grantee nor any of Grantee’s authorized agents shall, at any time, directly or indirectly, employ, or permit the employment of, any contractor, mechanic or laborer in the Easement Premises, or permit any materials to be delivered to or used in the Easement Premises, if, in Grantor’s sole judgment, such employment, delivery or use will interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of Grantor’s Property (or any other property) by Grantor, Grantee or others, or the use and enjoyment of Grantor’s Property by Grantor or other lessees or occupants of Grantor’s Property. In the event of such interference or conflict, upon Grantor’s request, Grantee shall cause all contractors, mechanics or laborers causing such interference or conflict to leave Grantor’s Property immediately. 32. Independent System Operator. In the event responsibility for management or operation of all or any portion of Grantor’s electrical transmission facilities located in or on the Grantor’s Property is transferred or assigned by Grantor to an independent system operator (“ISO”) or another third party, then Grantee agrees to recognize the right of such ISO or third party to exercise all or any part of Grantor’s rights under this instrument. 17 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed by their proper officers thereunto duly authorized as of the day and year first hereinabove written. COMMONWEALTH EDISON COMPANY By: __________________________________ Shemeka Wesby Director of Real Estate and Environmental Services UNITED CITY OF YORKVILLE By: __________________________________ Print Name:____________________________ Title: _________________________________ SCHEDULE OF EXHIBITS A Legal description of Grantor’s Property B Easement Premises- Plat of Survey C Plans D Additional Requirements 18 STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Shemeka Wesby, personally known to me to be the Director of Real Estate and Environmental Services of COMMONWEALTH EDISON COMPANY, is the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that, as such Director, she signed and delivered such instrument, as his/her free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this ____ day of _______________, 2024. _________________________ Notary Public Commission expires:________________________ STATE OF ___________ ) ) SS COUNTY OF _________ ) I, _____________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that _________________, personally known to me to be the ____________________of _______________________, a _____________, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such ___________________, (s)he signed and delivered such instrument pursuant to authority given by the __________ of such ____________, as his/her free and voluntary act and deed, and as the free and voluntary act and deed of such ________________, for the uses and purposes therein set forth. Given under my hand and official seal, this ____ day of _______________, 2024. _________________________ Notary Public Commission expires:________________________ 19 EXHIBIT A TO EASEMENT AGREEMENT LEGAL DESCRIPTION OF GRANTOR’S PROPERTY SE OF SECTION 07, TOWNSHIP 37 NORTH , RANGE 07 OF THE 3rd PM BRISTOL TWN, KENDALL COUNTY PIN/TAX ID NUMBER: 02-07-400-001 20 EXHIBIT B TO EASEMENT AGREEMENT EASEMENT PREMISES See attached. CH1 2160037v3 21 EXHIBIT C PLANS 22 EXHIBIT D ADDITIONAL REQUIREMENTS 1. Engineering review was completed using plans titled “IMPROVEMENT PLANS FOR ELDAMAIN WATER MAIN LOOP” as depicted in the attached. If the final design deviates from these plans, revised plans must be sent to Grantor Engineering for review and comments before any work is performed. 2. A Grantor T&S individual will be provided as a single point of contact during the duration of the construction period. Please contact Tina Kowalczyk 1+224-244-1826 a minimum of 48 hours prior to the start and upon completion of the project. 3. The Grantee is advised that venting of pipe contents is not permitted under the existing Grantor overhead transmission facilities. The Grantee shall contact the Overhead Transmission Engineering department if the above note cannot be adhered to. 4. The Grantee is advised that no blowoff valves, manholes, or other underground structures may be installed on Grantor property. 5. Subsurface utility installations and excavations shall be a minimum of fifteen (15) feet away from any transmission structure. 6. No material or equipment should enter into the above mentioned fifteen (15) foot buffer area around each structure. 7. The Grantee and/or its contractor are advised that if heavy snow, rains and/or a large amount of water enters the excavation site and/or pooling occurs within the excavation site, The Grantee and/or its contractor must immediately backfill the excavation area and the Overhead Transmission engineering department must be contacted for further instructions. 8. The petitioner and/or its contractor must place barriers if the excavated area must remain open overnight. 9. The Grantee and/or its contractor cannot place obstructions on Grantor property that will restrict our ability to access, operate and maintain existing and future transmission and distribution facilities. 10. The Grantee and/or its contractor cannot leave construction equipment and materials on Grantor Property when there is no work activity. 11. The Grantee’s equipment cannot exceed fourteen (14) feet in height on the Grantor Transmission ROW during mobilization or travel. 12. The Grantee and/or its contractor may not place excavated spoil within the 15-foot restriction zone around structures at any time. Spoil piles must be no taller than 5’. Under no circumstances may any vehicle drive on top of spoils. 13. The Grantee and/or its contractor cannot change grade on the subject property and must ensure that the existing drainage is not affected and water does not pool on Grantor property or adjacent properties. 14. The Grantee’s facilities on ComEd’s property should be designed for HS20 axle loading per AASHTO highway specifications in order to withstand Grantor construction traffic. 23 The Grantee must be made aware that Grantor does use heavy equipment and cannot be responsible for any damage to the Grantee 's facilities that may occur due to Grantor's right to access our property to operate and maintain new and existing transmission and distribution facilities. 15. The Grantee is responsible for its own research and implementation, if necessary, of cathodic protection and grounding of the proposed facilities at the sole cost of the petitioner. 16. When working in the vicinity of Grantor's electric transmission lines during the installation, Grantor requires a minimum of fifteen (15) feet working clearance distance must be maintained between the booms, arms or other parts that can be raised on the equipment utilized by the petitioner and/or its contractor and Grantor's existing 138,000 volt electric transmission conductors, and a minimum of twenty (20) feet working clearance distance must be maintained between the booms, arms or other parts that can be raised on the equipment utilized by the petitioner and/or its contractor and ComEd's existing 345,000 volt electric transmission conductors. There are also 765kV circuits present at the western location along Eldamain Rd, which require a minimum of forty- five (45) feet working clearance distance must be maintained between the booms, arms or other parts that can be raised on the equipment utilized by the petitioner and/or its contractor and ComEd's existing 765,000 volt electric transmission conductors. Under no circumstances should truck beds be raised underneath Grantor transmission lines. This note should be added to any construction drawings. 17. Any damage to Grantor's equipment caused by the petitioner and/or its contractor will be repaired at the Grantee 's expense. 18. If the Grantee and/or its contractor determines a line outage will be required to safely work within the vicinity of the existing Overhead Transmission facilities a minimum of a 16-week prior notification will be required. The outage dates cannot be guaranteed due to system concerns and/or weather conditions. The petitioner is responsible for any costs associated with outages and their coordination. Outages on the overhead transmission facilities will not be permitted between the months of May 15 and September 15. 19. Upon completion of the project, the petitioner must remove any equipment, construction debris and material from the right-of-way and restore any other disturbed areas of the right-of-way to their pre-construction condition. Environmental Note: The items in red must be submitted to GRANTOR for review and approval as indicated. Grantee is responsible for all costs associated with any of the noted requirements (consulting, permitting, clean-up, sampling, audit, restoration, etc.). Easement Requirements 1. The property may only be used for the stated purposes of the installation of a 16-inch watermain, as submitted in the plans entitled, IMPROVEMENT PLANS FOR ELDAMAIN WATER MAIN LOOP, dated 06/27/2024. Any revision to the request must be submitted to Grantor for review and approval. Grantee must submit a formal request to Grantor Real Estate and obtain written approval from Grantor for any other proposed uses of Grantor property. 2. Grantee shall provide a KMZ file of the newly installed water main on Grantor -owned property. 24 3. Grantee will be held responsible for future maintenance of the water main. This includes keeping the ROW free of garbage, debris, and any third-party dumping. If third-party dumping occurs on or around the easement area, Grantee must notify Grantor immediately or be held responsible for cleanup of any illegally dumped materials. 4. Without prior authorization from Grantor, Grantee is not permitted to develop the unpaved areas or change the grade of the subject property in any ways other than what was submitted in this request. This includes activities of adding gravel or other fill-in activities to the surface of Grantor property. 5. No hazardous materials, including petroleum products, may be stored, used, or transferred on Grantor property. 6. All leaks, spills, overflows, or similar will be immediately addressed by Grantee at their expense. 7. In the event of a leak/spill on Grantor property, Grantee must notify Grantor within 24 hours and provide a written report within 5 business days. 8. Grantee is responsible for the maintenance of any onsite stormwater management system at the subject property and will be held responsible for any adverse drainage issues that arise for the duration of the easement. Inlet filters must be placed on all storm sewer manholes on Grantor property and must be properly maintained throughout the course of construction. Construction Project Requirements 9. All construction equipment must be free of leaks, and any leaks of oils or chemicals that occur must be cleaned up immediately and reported to the appropriate agencies as needed. 10. Daily equipment inspections must be conducted to verify proper working condition before equipment use on Grantor property. Written records of equipment inspections must be available to Grantor upon request. 11. No demolition or equipment staging is permitted on Grantor-owned property during construction activities other than what has been approved by Grantor for the temporary easement request. 12. Concrete washout activities are prohibited on Grantor property. 13. Vehicle and equipment fueling is prohibited on Grantor property. 14. A spill kit of appropriate size must be present and accessible at all times during construction activities on Grantor property. 15. In the event that drain tiles are damaged, Grantee shall repair or replace, as appropriate, the damaged drain tiles and accept responsibility for any adverse drainage issues and related damages that may arise. 16. Grantor must provide written authorization for the discharge from excavation dewatering activities on Grantor property. If approved, dewatering activities must be conducted in accordance with Illinois Urban Manual (IUM) guidelines. 17. A frac-out containment plan/inadvertent return plan must be submitted for HDD activities. Excavation, Spoils, and Materials 18. If the project requires removal of soil or waste from Grantor property, this must be removed by a Grantor Environmental Contractor of Choice (ECOC) and taken to a Grantor approved landfill. It is prohibited to dispose of any like material at a Clean Construction or Demolition Debris (CCDD) landfill. 19. Hydrovac spoils are not permitted to be reused on Grantor property and must be disposed in accordance with the above requirement. 20. Grading of excess soil is prohibited on Grantor property. 21. If the project requires additional soil and gravel, only certified “clean” fill shall be used. The source of the clean fill must be approved by ESD. For approval, the following conditions must be met. a. A certificate of virgin material must be obtained from the source of any aggregate material. 25 b. Soils must be certified clean by the source and/or analyzed every 500 cubic yards for total concentrations of the comprehensive suite of parameters listed in Title 35 Illinois Administrative Code (35 IAC) Part 740, Site Remediation Program (SRP) Appendix A, Target Compound List (TCL), and verified to meet the Illinois Environmental Protection Agency’s (IEPA’s) Clean Construction or Demolition Debris Fill Operations and Uncontaminated Soil Fill Operations standards (35 IAC Part 1100), Maximum Allowable Concentrations (MACs). 22. Stratification of soil horizons is required for all excavation and backfilling activities. 23. All soil must be managed in accordance with IUM guidelines. 24. No construction debris, soil, fill material, or spoils may be stored on Grantor property. 25. Environmental sampling is not permitted on Grantor property without written approval and guidance by Grantor. Wetlands Requirements 26. Grantee must follow all federal, state, and local wetlands requirements, including United States Army Corps of Engineers (USACE) and Kendall County regulations and guidelines, as applicable. Environmental Regulations and Permits 27. All applicable regulations must be followed, including implementation of a Stormwater Pollution Prevention Plan (SWPPP) and a Soil Erosion and Sediment Control (SESC) Plan to minimize sediment pollution in stormwater runoff, as well as any other required practices. If the plans change, a revision must be sent to ESD. 28. All applicable environmental permits must be obtained, including Wetlands and National Pollutant Discharge Elimination System (NPDES) stormwater permits as required under the Clean Water Act, as well as any other applicable environmental permits. 29. Grantee must submit copies of all required environmental permits to Grantor prior to project start, including Illinois Environmental Protection Agency (IEPA) Permit LPC-662, an IEPA Water Permit, an IEPA National Pollutant Discharge Elimination System (NPDES) ILR10 Construction Permit, and Rob Roy Drainage District Plan Approval. 30. Grantee must follow all applicable environmental laws and regulations including those not specifically mentioned herein. 31. Requirements of all permits must be followed which could include site monitoring, reporting, and restoration extending well beyond the construction time period. Condition of Property 32. Grantee must provide documentation of current property conditions before the project is started (e.g. Phase I, topographic maps, surveys, photographs). 33. Any damage caused to ComEd’s property by Grantee must be repaired immediately at the Grantee’s expense. 34. Grantee must provide full restoration of Grantor property when the project is complete, including seeding as necessary. 35. Grantee must provide documentation (including photographs) of the property after project completion, including an As-Built survey. Should Grantor request additional information in the future, Grantee must be prepared to provide the following materials to Grantor (please reference SR 6532041 in any communications with ComEd): 26 36. A letter that summarizes the results of their analysis of what types of environmental permits, plans, and controls are required (e.g., wetlands, SWPPP, SESC, endangered species impacts, etc.). 37. A copy of the environmental permit applications for the project. 38. A copy of any environmental reports required by the permits. 39. Copies of certificates of clean fill. 40. Inspection records. 77 7 7 77 18 18 BEECHER ROADB EE C H ER ROAD C O RNE I L S R OAD SUG AR G R O V E, IL.MARK G SCHEL L ER035-003581 PROFESSIONAL LAND SURVEYOR STATE OF ILLINOIS PLAT OF SURVEY Engineering Enterprises, Inc. LOCATION MAP N.T.S. R E V I S I O N S© INDEX OF SHEETS UNITED CITY OF YORKVILLE 651 PRAIRIE POINTE DRIVE YORKVILLE, IL 60560 630-553-4350 PROJECT LOCATION PROJECT LOCATION ENGINEER'S CERTIFICATION 062-066060 IMPROVEMENT PLANS FOR ELDAMAIN WATER MAIN LOOP UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS COMED PERMIT ISSUE: MARCH 2024 UNITED CITY OF YORKVILLE OFFICIALS Engineering Enterprises, Inc. Consulting Engineers 52 Wheeler Road Sugar Grove, Illinois 60554 630.466.6700 / www.eeiweb.com PROFESSIONAL DESIGN FIRM # 184-002003 GENERAL NOTES AND CONSTRUCTION SPECIFICATIONS SOIL EROSION AND SEDIMENTATION CONTROLWATER MAIN CONSTRUCTION “ ” ¼” ½”½” ” © Engineering Enterprises, Inc. 2 50 GENERAL NOTES AND CONSTRUCTION SPECIFICATIONS ELDAMAIN WATER MAIN LOOPUNITED CITY OF YORKVILLE AWWA C651-14 SECTION 4.11: DISINFECTION PROCEDURES WHEN CUTTING INTO OR REPAIRING EXISTING MAINS (CONTINUED) AWWA C651-14 SECTION 4.11: DISINFECTION PROCEDURES WHEN CUTTING INTO OR REPAIRING EXISTING MAINS © Engineering Enterprises, Inc. 3 50 GENERAL NOTES AND CONSTRUCTION SPECIFICATIONS ELDAMAIN WATER MAIN LOOPUNITED CITY OF YORKVILLE LEGEND ADJ F&A XXX © Engineering Enterprises, Inc. 4 29 SUMMARY OF QUANTITIES AND LEGEND ELDAMAIN WATER MAIN LOOP NORTH UNITED CITY OF YORKVILLE SUMMARY OF QUANTITIES MATCHLINE STA (SEE SHEET301+50 24) MATCHLINE STA (SEE SHEET308+50 26)WATER MAIN STRUCTURESXAXBELDAMAIN ROAD© Engineering Enterprises, Inc.2550ELDAMAIN ROADPLAN AND PROFILESTA 301+50 TO STA 308+50ELDAMAIN WATER MAIN LOOPUNITED CITY OF YORKVILLE LEGEND COMMONWEALTH EDISONPIN 02-18-100-006 MATCHLINE STA (SEE SHEET308+50 25) MATCHLINE STA (SEE SHEET316+00 27)WATER MAIN STRUCTURESXAXBELDAMAIN ROAD© Engineering Enterprises, Inc.2650ELDAMAIN ROADPLAN AND PROFILESTA 308+50 TO STA 316+00ELDAMAIN WATER MAIN LOOPUNITED CITY OF YORKVILLE LEGEND GREEN DOOR CAPITAL INVESTMENTS, LLC.PIN 02-18-100-005COMMONWEALTHEDISONPIN 02-18-100-006 MATCHLINE STA (SEE SHEET359+50 33)CORNEILS ROADMATCHLINE STA (SEE SHEET351+50 31)© Engineering Enterprises, Inc.3250CORNEILS ROADPLAN AND PROFILESTA 351+50 TO STA 359+50ELDAMAIN WATER MAIN LOOPUNITED CITY OF YORKVILLE LEGEND SOO GREEN HVDCLINK PROJECTO, LLC.PIN 02-18-100-003COMMONWEALTH EDISONPIN 02-18-100-006COMMONWEALTH EDISONPIN 02-07-400-001WATER MAIN STRUCTURES32B32A32B32A32B WATER MAIN STRUCTURES33A33BMATCHLINE STA (SEE SHEET359+50 32) MATCHLINE S T A (SEE SHEET 368+50 34)CORNEILS ROADBEECHER ROAD© Engineering Enterprises, Inc.3350CORNEILS ROADPLAN AND PROFILESTA 359+50 TO STA 368+50ELDAMAIN WATER MAIN LOOPUNITED CITY OF YORKVILLE LEGEND COMMONWEALTH EDISONPIN 02-18-100-006ROSENWINKEL FAMILY TRUST ET AL 501PIN 02-07-400-002CAMP MUTTY PAWS, INC.PIN 02-18-200-001JOHN MEYERPIN 02-18-200-004ROSENWINKEL FAMILYTRUST ET AL 501PIN 02-07-200-002ROSENWINKEL FAMILY TRUST ET AL 501PIN 02-07-400-003COMMONWEALTHEDISONPIN 02-07-400-00133A33B – – – – – – – – – – – § § © Engineering Enterprises, Inc. INLET PROTECTION EE-MI 10 © Engineering Enterprises, Inc. SEEDING INFORMATION & SCHEDULE EE-SE SI-03# © Engineering Enterprises, Inc.STORMWATER POLLUTION PREVENTION PLAN ELDAMAIN WATER MAIN LOOPUNITED CITY OF YORKVILLE 5042 © Engineering Enterprises, Inc. 43 50 STORMWATER POLLUTION PREVENTION PLAN ELDAMAIN WATER MAIN LOOPUNITED CITY OF YORKVILLE © Engineering Enterprises, Inc. FIRE HYDRANT ASSEMBLY INSTALLATION YO-WA HY-01 © Engineering Enterprises, Inc. TYPE 1 MANHOLE FRAME & COVER YO-WA ST-02 © Engineering Enterprises, Inc. WATER & SEWER SEPARATION REQUIREMENTS (HORIZONTAL) YO-WA TR-01 © Engineering Enterprises, Inc. WATER & SEWER SEPARATION REQUIREMENTS (VERTICAL) YO-WA TR-02 © Engineering Enterprises, Inc. WATER MAIN PRESSURE CONNECTION DETAIL YO-WA ST-01 © Engineering Enterprises, Inc. TYPICAL THRUST BLOCK INSTALLATION YO-WA MI-01 © Engineering Enterprises, Inc. TYPICAL SERVICE TAP AND CONNECTION YO-WA WS-02 © Engineering Enterprises, Inc. 44 50 DETAILSELDAMAIN WATER MAIN LOOPUNITED CITY OF YORKVILLE © Engineering Enterprises, Inc. WATER MAIN TRENCH SECTION FOR PAVED AREAS & DRIVEWAYS YO-WA TR-04 © Engineering Enterprises, Inc. WATER MAIN TRENCH SECTION IN GRASSED AREAS YO-WA TR-03 © Engineering Enterprises, Inc. TYPICAL BUTT JOINT DETAIL EE-PV PS-12 © Engineering Enterprises, Inc. 45 50 DETAILSELDAMAIN WATER MAIN LOOPUNITED CITY OF YORKVILLE 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 2025-02 Renaming of Big Grove Lane and Waterman Lane to “Big Grove Circle” City Council – January 14, 2025 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of an ordinance changing the name of Big Grove Lane and Waterman Lane to “Big Grove Circle”. Background The City Council last discussed this in October 2019, when the City Council approved the Unit 27 Final Plat for Grande Reserve. Within this plat is a small-looped road containing two eyebrow-style cul-de-sacs which had been planned to have two names of Waterman Lane for the southern half and Big Grove Lane for the northern half. For ease of use and to prevent confusion, KenCom has requested us to rename the entire looped section under one name as “Big Grove Circle”. There are no houses built on this street at this time. Recommendation Staff recommends approval of an ordinance changing the name of Big Grove Lane and Waterman Lane to “Big Grove Circle”. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 9, 2025 Subject: Ordinance renaming streets – Big Grove Circle Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS RENAMING THE STREETS OF BIG GROVE LANE AND WATERMAN LANE TO BIG GROVE CIRCLE 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 Ordinance No. 2019-60, passed October 22, 2019, the Mayor and City Council approved the Final Plat of Subdivision for Grand Reserve Unit 27 which included Sheet 3 of 5 (the “Final Plat”) prepared by Manhard Consulting all of which recorded with the Recorder of Kendall County in November 23, 2020 as document number 202000023793, a copy of which is attached hereto as Exhibit A, and named all of the streets is said Unit 27 of Grand Reserve; and WHEREAS, the City has received a request to rename the streets of Big Grove Lane and Waterman Lane as depicted in in the Final Plat to the name of Big Grove Circle as illustrated on the address location map prepared by Engineering Enterprises, Inc. a copy of which is attached hereto as Exhibit B; and WHEREAS, the Mayor and City Council are prepared to approve the change of the names of the streets are hereinafter requested. 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 foregoing preambles are hereby incorporated in this Ordinance as if fully restated herein. Ordinance No. 2025-____ Page 2 Section 2. That streets now known as Big Grove Lane and Waterman Lane pursuant to a Final Plat of Subdivision of Grand Reserve Unit 27, are hereby renamed Big Grove Circle as depicted on Exhibit B attached hereto. 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. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Exhibit A Exhibit B 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 2025-03 Public Works and Parks Facility – Final Plan, Cost Estimate, and Authorization to Bid City Council – January 14, 2025 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Review of the final floor plans and cost estimates for the Public Works and Parks facility and authorization to go to bid. Background This item was last discussed by the City Council in November 2024, when the City Council approved a contract with RC Wegman to serve as construction manager for the project, and in August 2024, when the City Council reviewed final conceptual building plans and cost estimates from Kluber. Since then, the City’s (Kluber/Wegman/City) team has finalized the floor plan and layout of the building, including making some high-level design decisions on the fueling station, mezzanine buildout, and mechanic’s bay. The City’s team is ready to finalize bid documents and put the project out to bid as early as February 3rd. In general, the floorplan and size of the building have not changed since the August 2024 City Council meeting. Additionally, RC Wegman has completed their cost estimates on the building which are in the same ballpark as the Kluber August 2024 cost estimates. Representatives from Kluber and RC Wegman are expected to be present at the City Council meeting to review the attached powerpoint and to answer questions from the City Council. Recommendation In order to put the project out to bid on the City’s planned timeline of an April 2025 construction start and completion by August 2026, staff recommends approval of the building scope and cost estimates, and seeks City Council authorization to put the project out to bid in February 2025. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 9, 2025 Subject: Public Works and Parks Facility – final plan, cost estimate, and authorization to bid 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025www.kluberinc.com1Yorkville Combined Public Works & Parks Department FacilitySUBMITTED TO:FINAL BOARD PRESENTATIONJanuary 14, 2025United City of Yorkville651 Prairie Point DriveYorkville, Illinois 60560 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025Final Floor Planswww.kluberinc.com2 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025GarageAdminEmployee SupportFleet MaintenanceShops10,544 SF9,552 SF68,664 SF8,533 SF8,096 SFMezzanine Area AboveBuilding Information:1stFloor Footprint = 105, 390 SFMezzanine Floor Footprint = 10,922 SFTotal Building S.F. = 116,312 SFNORTHwww.kluberinc.com3Indicates 2ndfloor mezzanine locationPublic Works ApparatusParks ApparatusTotal SF Unchanged Since the Design Development PhaseBuilding Layout Remains the Same as Schematic Design with minor space adjustments 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025Design Imageswww.kluberinc.com4 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025www.kluberinc.com5Public Parking:10 public stalls, 3 handicap.Main Building Entrance.Street View 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025www.kluberinc.com6Public Entrance 36 Foot Tall Precast Garage Structure.Outdoor Patio area for staff.Public Entrance 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025www.kluberinc.com7South Water StreetCarport Roof for additional Shop and vehicle storage.2 Mechanic Service Bays.1 Wash Bay.Secure Fence.Fueling StationExit Drive 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025www.kluberinc.com8Northeast - AerialPublic Parking:31 public stalls, 2 handicap.Salt Dome, 5,000 Tons capacity36 Foot Tall Precast Garage Structure.Main Public Building Entrance.Material StoragePublic Works Entrance DriveFueling StationAdditional Public Parking has been added here.Fueling Station: Above Ground Storage Tank Solution Location –Canopy remains unchangedIndoor/Outdoor brine making added here.Soils dry pad has been included here. 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025www.kluberinc.com9South Water StreetFueling Station 2 Mechanic Service Bays.1 Wash Bay.Carport Roof for additional Shop and Vehicle Storage –Alternate BidMain Building Entrance. 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025Final Cost Opinionwww.kluberinc.com10 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025www.kluberinc.com11Final Cost Opinion (12/18/2024) 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025www.kluberinc.com12Final Cost Opinion (12/18/2024)Updated, Final Total Project Budget is Comparable to the Kluber Initial Schematic Design Estimates 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025Project Schedulewww.kluberinc.com13 1370 – Yorkville PW & Parks | Final Board Presentation | January 14, 2025www.kluberinc.com14 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 2025-04 Municipal Utility Tax Code Amendment City Council – January 14, 2025 Majority Approval Please see the attached memo. Jori Behland Administration Name Department Summary Approval of an Ordinance amending the City’s code referring to the Municipal Utility Tax. Background In 2001, the City Council passed Ordinance 2001-05, which amended the municipal utility tax. After a recent review, staff discovered that Ordinance 2001-05 was never codified in the municipal code. Staff has confirmed that the amounts shown on the City’s ComEd utility bill as being collected match those specified in Ordinance 2001-05. To address this oversight, the City Attorney has prepared a new ordinance to codify the municipal utility tax. This action ensures consistency and clarity in the municipal code moving forward. The cents per kilowatt-hour specified in Ordinance 2001-05 remain unchanged in the new ordinance. The penalty provisions from Ordinance 2001-05, which outlined a fine of not less than $100 and not exceeding $200, were not included in the new ordinance. The current code’s penalties default to the city's general penalty provision under Chapter 4 of the municipal code, which specifies fines ranging from $75 to $750. Recommendation Staff recommends approval of this ordinance to finalize its codification. Memorandum To: City Council From: Jori Behland, City Clerk CC: Bart Olson, City Administrator Date: January 14, 2025 Subject: Municipal Utility Tax Code Amendment Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AMENDING THE YORKVILLE CITY CODE BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Section 3-2-4 B1.c(1)A of Title 3, Chapter 2 of the Yorkville City Code is hereby amended by deleting said section in its entirety and replacing it with the following: A. A tax is imposed on all persons engaged in the use or consumption of electricity within the corporate limits of the City at the following rates calculated on a monthly basis for each pair chosen: i. For the first 2,000 kilowatt-hours used or consumed in a month; 0.562 cents per kilowatt-hour; ii. For the next 48,000 kilo-watt-hours used or consumed in a month; 0.369 cents per kilowatt-hour; iii. For the next 50,000 kilowatt-hours used or consumed in a month; 0.332 cents per kilowatt-hour; iv. For the next 400,000 kilowatt-hours used or consumed in a month; 0.323 cents per kilowatt-hour; v. For the next 500,000 kilowatt-hours used or consumed in a month; 0.313 cents per kilowatt-hour; vi. For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.295 cents per kilowatt-hour; vii. For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.290 cents per kilowatt-hour; viii. For the next 5,000,000 kilowatt-hours used or consumed in a month; 0.286 cents per kilowatt-hour; ix. For the next 10,000,000 kilowatt-hours used or consumed in a month; 0.281 cents per kilowatt-hour; x. For all electricity used or consumed in excess of 20,000,000 kilowatt-hours in a month; .0277 cents per kilowatt-hour. Ordinance No. 2025-____ Page 2 The tax rates set forth in the preceding table will be used at least through December 31, 2008, are proportional to the rates enumerated in 65 ILCS 5/8-11-2 (as modified by Public Act 90-561), and do not exceed the revenue that could have been collected during 1997 using the rates enumerated in 65 ILCS 5/8-11-2 (prior to being modified by Public Act 90-561). Section 2. Section 3-2-4H of Title 3, Chapter 2 of the Yorkville City Code is hereby amended by deleting said section in its entirety and replacing it with the following: H. None of the taxes authorized by this section may be imposed with respect to any transaction in interstate commerce or otherwise to the extent to which the business or privilege may not, under the Constitution and statutes of the United States, be made the subject of taxation by this State or any political sub-division thereof; nor shall any persons engaged in the business of distributing, supplying, furnishing, selling or transmitting gas, water, electricity, or engaged in the business of transmitting messages, or using or consuming electricity acquired in a purchase at retail, be subject to taxation under the provisions of Ordinance for those transactions that are or may become subject to taxation under the provisions of the “Municipal Retailers’ Occupation Tax Act” authorized by Section 8-11-1; nor shall any tax authorized by this section be imposed upon any person engaged in a business or on any privilege unless the tax is imposed in like manner and at the same rate upon all persons engaged in businesses of the same class in the City, whether privately or City owned or operated, or exercising the same privilege within the City. Section 3. Ordinance No. 2001-4 passed and approved by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on January 25, 2001, is hereby repealed. Section 4. This Ordinance shall be in full force and effect from and after 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. 2025. ______________________________ CITY CLERK Ordinance No. 2025-____ Page 3 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #1 Tracking Number PW 2024-101 Grande Reserve – Bailey and Mill Rd. Parking City Council – January 14, 2025 PW – 12/17/24 Moved forward to City Council agenda. PW 2024-101 Majority Consideration of Approval Please see the attached memo. Brad Sanderson Engineering Name Department Summary Consideration of a parking restriction on Bailey Road along the west side of the roadway between Mill Road and Beresford Drive. Background This item was discussed by the Public Works Committee in December 2024 (packet materials attached). At that meeting, the Committee recommended a more narrow parking restriction than what was shown in the committee meeting packet – settling on a restriction along the westside of Bailey Road between Mill Road and Beresford Drive. This proposed restriction would prevent cars from parking along both sections of this roadway (which would throttle down traffic in both directions) and would further prevent any car from parking too close to the intersection. Given the limited area proposed for the parking restriction, the Committee recommended against the full public input process. No resident mailers have been sent, and the ordinance in front of the City Council at this meeting is ready to be voted on immediately. Recommendation Staff recommends approval of the ordinance implementing parking restrictions along Bailey Road. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 9, 2025 Subject: Parking restrictions on Bailey Road near Mill Road Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGULATING ON-STREET PARKING 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 6, Chapter 2, Section 6-2-2, of the United City of Yorkville Code of Ordinances is hereby amended by adding the following: 6-2-2: PARKING PROHIBITED ON DESIGNATED STREETS: BAILEY ROAD A “no parking” zone shall be created on the west side of Bailey Road from Mill Road through the intersection of Beresford Drive. Section 2. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 3. 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. 2025. ______________________________ 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. 2025. Ordinance No. 2025-____ Page 2 ______________________________ MAYOR Attest: ______________________________ CITY CLERK A safety concern at the corner of Mill Rd and Bailey Rd in Grande Reserve North was brought to attention by a resident. Vehicles have been parked along both sides of Bailey Rd. between Mill Rd. and Beresford Drive, narrowing the road to the point that only one travel lane is safely available. Figure 1: Bailey Rd looking North from Mill Rd With 27-feet of asphalt width, and a 1-foot gutter flag, Bailey Road can provide one 8-foot parking lane (including the 1-foot gutter flag). This would allow for two-way traffic with two through lanes of the minimum 10-feet in each direction. Since there are mail boxes and a greater amount of driveways along the west side of Bailey Road, it is therefore recommended to post “No Parking This Side Of Street” signs, R7-200 along the west side (southbound) Bailey Road. A minimum of four regularly spaced signs are recommended. Parking is also prohibited within 15 feet of a hydrant, 20-feet of a crosswalk, and within 30-feet of the approach leg to any intersection with a stop sign. It is therefore recommended to install “No Parking Between Signs” at 15-feet on each side of each fire hydrant, and “No Parking Here to Corner” at 30-feet from the stop sign at the northbound end of Bailey Road at Mill Road. At the south end of Bailey Road, where the fire hydrant is close to the crosswalk, one “No Parking Here to Corner” sign can be utilized 15-feet north of the fire hydrant. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: November 12, 2024 Subject: Grande Reserve – Bailey Rd and Mill Rd. Packet materials from 12/17/24 PW meeting MILLBAILEY KENNEDY BISSEL DRIVEWAYBERESFORDBIG ROCKMILL&RS\ULJKWQHDUPDSEngineering Enterprises, Inc.:KHHOHU5RDG6XJDU*URYH,OOLQRLV /2&$7,210$3ZZZHHLZHEFRP'$7( 352-(&712 ),/( 3$7+ %< '(&(0%(5<2<2%DLOH\5RDGB1R3DUNLQJ0;'+ ?*,6?38%/,&?<25.9,//(??<20-7United City of Yorkville3UDLULH3RLQWH'ULYH<RUNYLOOH,/o )HHW81,7('&,7<2)<25.9,//(.(1'$//&2817<,//,12,6/HJHQG1R3DUNLQJ=RQH+\GUDQWV1R3DUNLQJ6LJQV1R3DUNLQJ=RQH 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 2024-102 Eldamain Water Main Loop – North Contract Award City Council – January 14, 2025 PW – 12/17/24 Moved forward to City Council agenda. PW 2024-102 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 Eldamain Water Main Loop – North at 11:00 a.m., November 27, 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. Per Ordinance 2024-31, the project's funding is by C1 Yorkville, LLC. The low bid was below our engineer’s estimate and within the FY2025 budget. We recommend the acceptance of the bid and approval of award be made to the low bidder, J & S Construction Sewer and Water Inc., P.O. Box 760 Oswego, IL 60543, in the total amount of $1,999,133.68, contingent upon the receipt of the funds from C1 Yorkville, LLC. 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: December 4, 2024 Subject: Eldamain Water Main Loop – North Resolution No. 2025-____ Page 1 Resolution No. 2025-______ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A BID TO CONSTRUCT THE ELDAMAIN WATER LOOP NORTH PORTION OF A WATER AND SEWER EXTENSION PROJECT (C1 Yorkville, LLC) 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, C1 Yorkville, LLC, a Delaware limited liability company (“C1 Yorkville”), submitted a proposal to the City to develop approximately 229 acres at the northeast corner of Eldamain and Faxon Roads (the “Development Site”) for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an on-site electric substation (collectively, the “C1 Project”); and WHEREAS, the C1 Project will require the City to extend water and sewer service to the Development Site, including the engineering design for the extensions and acquisition of required temporary and permanent easements necessary to construct the C1 Project (the “Utility Project”); and WHEREAS, the Mayor and City Council (the “Corporate Authorities”) approved City of Yorkville Ordinance No. 2024-31 on July 9, 2024, approving certain agreements with C1 Yorkville, wherein the City agreed to construct the Utility Project on the condition that C1 Yorkville bear all costs incurred in constructing the Utility Project; and WHEREAS, in compliance with all applicable Illinois laws, bids were accepted to complete a portion of the Utility Project, known as the “Eldamain Water Loop – North”, and a public bid opening was held at 11:00 a.m. on November 27, 2024; and Resolution No. 2025-____ Page 2 WHEREAS, the City’s engineers and staff find that the lowest responsible bidder is J & S Construction Sewer and Water, Inc., P.O. Box 760, Oswego, Illinois 60543 (“J & S Construction”), with a total bid amount of $1,999,133.68 (the “Project Cost”); and WHEREAS, it has been recommended to the Corporate Authorities that the bid by J & S Construction be accepted, contingent upon receipt of funds from C1 Yorkville to pay the Project Cost. 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. The Corporate Authorities hereby find and declare that a bid by is J & S Construction Sewer and Water, Inc., P.O. Box 760, Oswego, Illinois 60543, to complete the “Eldamain Water Loop – North” project at a cost of $1,999,133.68 is the lowest responsible bid, and therefore accept the bid, contingent on receipt of adequate funds from C1 Yorkville to pay the Project Cost. Section 3. That this resolution shall be in full force and effect from and after its passage and approval according to law. [Remainder of page intentionally left blank. Roll call vote follows.] Resolution No. 2025-____ Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Page 1 of 1 BID TABULATION PirTano Construction Co., LLC.Martam Construction, Inc.Kane County Excavating Performance Const - & Eng. BIDS RECEIVED 11:00 A.M. 11/27/2024 1766 Armitage Court 1200 Gasket Drive P.O. Box 554 217 W. John Street Addison, IL 60101 Elgin, IL-60120 Hampshire, IL 60140 Plano, IL-60545 BID TOTAL $3,160,995.93 $3,961,262.50 $2,859,106.00 $2,758,877.00 BID BOND X X X X SIGNED BID X X X X ADDENDUM NO. 1 X X X X ADDENDUM NO. 2 X X X X BID TABULATION J & S Construction Sewer and Water Inc.Neslund & Associates, Inc.Fischer Excavating, Inc.H. Linden & Sons Sewer and Water, Inc. BIDS RECEIVED 11:00 A.M. 11/27/2024 P.O. Box 760 115 S. River Road 1567 N Heine Rd 722 E. South St., Unit D Oswego, IL 60543 North Aurora, IL 60542 Freeport, IL-61032 Plano, IL-60545 BID TOTAL $1,999,133.68 $2,346,656.85 $2,685,268.75 $3,133,394.00 BID BOND X X X X SIGNED BID X X X X ADDENDUM NO. 1 X X X X ADDENDUM NO. 2 X X X X BID TABULATION Conley Excavating, Inc.Acqua Contractors Winninger Excavating, Inc.Benchmark Construction BIDS RECEIVED 11:00 A.M. 11/27/2024 1555 Gramercy Pl 551 S IL Route 83 1211 Deer St 2260 Southwind Blvd Morris, IL-60450 Elmhurst, IL-60126 Yorkville, IL-60560 Bartlett, IL-60103 BASE BID TOTAL $3,061,746.75 $3,750,000.00 $2,448,532.18 $3,088,000.00 BID BOND X X X X SIGNED BID X X X X ADDENDNUM NO. 1 X X X X ADDENDNUM NO. 2 X X X X BID TABULATION Trine Construction Corp.Scanlon Excavating & Concrete, Inc. BIDS RECEIVED 11:00 A.M. 11/27/2024 1041 Trine Court 630 S 7000 W Road St. Charles, IL-60174 Kankakee, IL 60901 BASE BID TOTAL $2,780,000.00 $2,996,941.45 BID BOND X X SIGNED BID X X ADDENDNUM NO. 1 X X ADDENDNUM NO. 2 X X BID SUMMARY ELDAMAIN WATER MAIN LOOP - NORTH CONTRACT UNITED CITY OF YORKVILLE ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BIDS RECD 11/27/2024 ITEM UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 TREE REMOVAL ACRE 0.23 15,000.00$ 3,450.00$ 42,000.00$ 9,660.00$ 37,000.00$ 8,510.00$ 42,000.00$ 9,660.00$ 15,000.00$ 3,450.00$ 12,000.00$ 2,760.00$ 50,000.00$ 11,500.00$ 40,000.00$ 9,200.00$ 2 CONNECTION TO EXISTING WATER MAIN, 16-INCH EACH 3 15,000.00$ 45,000.00$ 9,500.00$ 28,500.00$ 5,430.00$ 16,290.00$ 8,350.00$ 25,050.00$ 10,000.00$ 30,000.00$ 4,000.00$ 12,000.00$ 7,600.00$ 22,800.00$ 16,860.00$ 50,580.00$ 3 WATER MAIN, D.I.P., CLASS 52, WITH POLYETHYLENE WRAP, 12-INCH LF 24 240.00$ 5,760.00$ 191.00$ 4,584.00$ 225.00$ 5,400.00$ 176.00$ 4,224.00$ 168.00$ 4,032.00$ 158.00$ 3,792.00$ 140.00$ 3,360.00$ 286.00$ 6,864.00$ 4 WATER MAIN, D.I.P., CLASS 52, WITH POLYETHYLENE WRAP, 16-INCH LF 11,141 225.00$ 2,506,725.00$ 193.00$ 2,150,213.00$ 167.00$ 1,860,547.00$ 149.00$ 1,660,009.00$ 169.00$ 1,882,829.00$ 121.00$ 1,348,061.00$ 147.00$ 1,637,727.00$ 224.00$ 2,495,584.00$ 5 GATE VALVE AND VALVE VAULT, 12-INCH EACH 2 10,000.00$ 20,000.00$ 8,500.00$ 17,000.00$ 9,600.00$ 19,200.00$ 8,440.00$ 16,880.00$ 9,000.00$ 18,000.00$ 6,500.00$ 13,000.00$ 8,300.00$ 16,600.00$ 13,680.00$ 27,360.00$ 6 BUTTERFLY VALVE AND VALVE VAULT, 16-INCH EACH 17 12,000.00$ 204,000.00$ 10,400.00$ 176,800.00$ 10,215.00$ 173,655.00$ 10,785.00$ 183,345.00$ 15,000.00$ 255,000.00$ 7,600.00$ 129,200.00$ 10,100.00$ 171,700.00$ 16,670.00$ 283,390.00$ 7 PRESSURE CONNECTION, 16-INCH EACH 1 30,000.00$ 30,000.00$ 35,000.00$ 35,000.00$ 39,900.00$ 39,900.00$ 33,432.00$ 33,432.00$ 19,000.00$ 19,000.00$ 1,420.00$ 1,420.00$ 33,500.00$ 33,500.00$ 58,200.00$ 58,200.00$ 8 FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ EACH 11 12,000.00$ 132,000.00$ 10,800.00$ 118,800.00$ 9,100.00$ 100,100.00$ 8,395.00$ 92,345.00$ 12,000.00$ 132,000.00$ 8,000.00$ 88,000.00$ 7,500.00$ 82,500.00$ 11,860.00$ 130,460.00$ 9 FIRE HYDRANT TO BE REMOVED EACH 1 2,000.00$ 2,000.00$ 200.00$ 200.00$ 1,500.00$ 1,500.00$ 1,144.00$ 1,144.00$ 750.00$ 750.00$ 745.00$ 745.00$ 1,500.00$ 1,500.00$ 1,200.00$ 1,200.00$ 10 DUCTILE IRON FITTINGS LB 10,768 1.00$ 10,768.00$ 9.00$ 96,912.00$ 13.00$ 139,984.00$ 10.50$ 113,064.00$ 10.00$ 107,680.00$ 0.01$ 107.68$ 12.00$ 129,216.00$ 9.00$ 96,912.00$ 11 STEEL CASING PIPE, 30-INCH (.3" WALL THICKNESS) BORED AND JACKED LF 252 800.00$ 201,600.00$ 688.00$ 173,376.00$ 1,240.00$ 312,480.00$ 1,121.00$ 282,492.00$ 1,200.00$ 302,400.00$ 740.00$ 186,480.00$ 767.00$ 193,284.00$ 1,190.00$ 299,880.00$ 12 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 1 TONS 200 60.00$ 12,000.00$ 47.00$ 9,400.00$ 1.00$ 200.00$ 61.00$ 12,200.00$ 50.00$ 10,000.00$ 10.00$ 2,000.00$ 45.00$ 9,000.00$ 80.00$ 16,000.00$ 13 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 2 TONS 200 60.00$ 12,000.00$ 15.00$ 3,000.00$ 1.00$ 200.00$ 21.00$ 4,200.00$ 50.00$ 10,000.00$ 10.00$ 2,000.00$ 45.00$ 9,000.00$ 45.00$ 9,000.00$ 14 FOUNDATION MATERIAL CY 200 30.00$ 6,000.00$ 85.00$ 17,000.00$ 40.00$ 8,000.00$ 72.00$ 14,400.00$ 1.00$ 200.00$ 10.00$ 2,000.00$ 45.00$ 9,000.00$ 83.00$ 16,600.00$ 15 EXPLORATORY EXCAVATION EACH 8 800.00$ 6,400.00$ 1,000.00$ 8,000.00$ 500.00$ 4,000.00$ 778.00$ 6,224.00$ 450.00$ 3,600.00$ 120.00$ 960.00$ 200.00$ 1,600.00$ 1,120.00$ 8,960.00$ 16 VALVE VAULT TO BE REMOVED EACH 1 250.00$ 250.00$ 200.00$ 200.00$ 1,200.00$ 1,200.00$ 500.00$ 500.00$ 800.00$ 800.00$ 825.00$ 825.00$ 1,200.00$ 1,200.00$ 680.00$ 680.00$ 17 WATER MAIN TESTING - PRESSURE AND DISINFECTION LS 1 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 22,330.00$ 22,330.00$ 11,720.00$ 11,720.00$ 15,000.00$ 15,000.00$ 2,500.00$ 2,500.00$ 30,000.00$ 30,000.00$ 40,000.00$ 40,000.00$ 18 FULL DEPTH PAVEMENT PATCHING SY 63 170.00$ 10,710.00$ 230.00$ 14,490.00$ 154.00$ 9,702.00$ 198.00$ 12,474.00$ 115.00$ 7,245.00$ 155.00$ 9,765.00$ 65.00$ 4,095.00$ 161.00$ 10,143.00$ 19 HMA DRIVEWAY REMOVAL AND REPLACEMENT SY 59 72.00$ 4,248.00$ 100.00$ 5,900.00$ 130.00$ 7,670.00$ 103.00$ 6,077.00$ 64.00$ 3,776.00$ 65.00$ 3,835.00$ 65.00$ 3,835.00$ 74.00$ 4,366.00$ 20 AGGREGATE DRIVEWAY REMOVAL AND REPLACEMENT SY 55 90.00$ 4,950.00$ 75.00$ 4,125.00$ 30.00$ 1,650.00$ 18.00$ 990.00$ 10.00$ 550.00$ 2.00$ 110.00$ 65.00$ 3,575.00$ 38.00$ 2,090.00$ 21 MAILBOX TO BE REMOVED AND RESET EACH 1 800.00$ 800.00$ 500.00$ 500.00$ 450.00$ 450.00$ 456.00$ 456.00$ 200.00$ 200.00$ 250.00$ 250.00$ 750.00$ 750.00$ 400.00$ 400.00$ 22 STABILIZED CONSTRUCTION ENTRANCE EACH 5 10,000.00$ 50,000.00$ 6,300.00$ 31,500.00$ 1,200.00$ 6,000.00$ 1,450.00$ 7,250.00$ 2,000.00$ 10,000.00$ 1,740.00$ 8,700.00$ 2,000.00$ 10,000.00$ 3,360.00$ 16,800.00$ 23 PERIMETER EROSION BARRIER LF 11,141 3.00$ 33,423.00$ 4.00$ 44,564.00$ 3.75$ 41,778.75$ 2.75$ 30,637.75$ 2.00$ 22,282.00$ 3.00$ 33,423.00$ 4.00$ 44,564.00$ 3.50$ 38,993.50$ 24 DRAIN TILE REPLACEMENT LF 200 50.00$ 10,000.00$ 93.00$ 18,600.00$ 65.00$ 13,000.00$ 104.00$ 20,800.00$ 48.00$ 9,600.00$ 21.00$ 4,200.00$ 69.00$ 13,800.00$ 88.00$ 17,600.00$ 25 RESTORATION L SUM 1 117,916.00$ 117,916.00$ 8,176.00$ 8,176.00$ 97,000.00$ 97,000.00$ 29,195.00$ 29,195.00$ 25,000.00$ 25,000.00$ 10,000.00$ 10,000.00$ 240,000.00$ 240,000.00$ 160,000.00$ 160,000.00$ 26 TRAFFIC CONTROL AND PROTECTION LS 1 210,000.00$ 210,000.00$ 6,500.00$ 6,500.00$ 71,000.00$ 71,000.00$ 6,500.00$ 6,500.00$ 160,000.00$ 160,000.00$ 33,000.00$ 33,000.00$ 75,000.00$ 75,000.00$ 60,000.00$ 60,000.00$ 27 ALLOWANCE - ITEMS ORDERED BY THE ENGINEER UNIT 100,000 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ BASE BID TOTAL (ITEMS 1-50) 3,750,000.00$ 3,088,000.00$ 3,061,746.75$ 2,685,268.75$ 3,133,394.00$ 1,999,133.68$ 2,859,106.00$ 3,961,262.50$ ABOVE/BELOW ENGINEERS ESTIMATE -9.93% -25.83% -26.46% -35.50% -24.74% -51.98% -31.33% -4.86% CORRECTED NUMBERS FROM BID H. Linden & Sons Sewer and Water, Inc. BID TABULATION ELDAMAIN WATER MAIN LOOP - NORTH CONTRACT UNITED CITY OF YORKVILLE Benchmark Construction 2260 Southwind Blvd Bartlett, IL-60103 Conley Excavating. Inc. 1555 Gramercy Pl Morris, IL-60450 Acqua Contractors 551 S IL Route 83 Elmhurst, IL-60126 722 E. South St., Unit D Plano, IL-60545 P.O. Box 760 Oswego, IL 60543 J & S Construction Sewer and Water Inc.BID TABULATION Fischer Excavating, Inc. Kane County Excavating Martam Construction, Inc. 1567 N Heine Rd P.O. Box 554 1200 Gasket Drive Freeport, IL-61032 Hampshire, IL 60140 Elgin, IL-60120 ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS UNIT UNIT UNIT UNIT UNIT UNIT UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 77,485.00$ 17,821.55$ 15,000.00$ 3,450.00$ 5,891.00$ 1,354.93$ 35,000.00$ 8,050.00$ 37,500.02$ 8,625.00$ 40,000.00$ 9,200.00$ 30,000.00$ 6,900.00$ 7,060.00$ 21,180.00$ 10,000.00$ 30,000.00$ 5,484.00$ 16,452.00$ 8,500.00$ 25,500.00$ 9,230.00$ 27,690.00$ 6,000.00$ 18,000.00$ 13,000.00$ 39,000.00$ 89.75$ 2,154.00$ 130.00$ 3,120.00$ 204.00$ 4,896.00$ 225.00$ 5,400.00$ 169.45$ 4,066.80$ 200.00$ 4,800.00$ 210.00$ 5,040.00$ 124.00$ 1,381,484.00$ 150.00$ 1,671,150.00$ 183.00$ 2,038,803.00$ 170.00$ 1,893,970.00$ 157.23$ 1,751,699.43$ 143.00$ 1,593,163.00$ 225.00$ 2,506,725.00$ 6,695.00$ 13,390.00$ 10,000.00$ 20,000.00$ 7,999.00$ 15,998.00$ 8,500.00$ 17,000.00$ 9,710.31$ 19,420.26$ 9,000.00$ 18,000.00$ 10,000.00$ 20,000.00$ 7,715.00$ 131,155.00$ 12,000.00$ 204,000.00$ 10,226.00$ 173,842.00$ 10,500.00$ 178,500.00$ 12,854.75$ 218,530.75$ 10,500.00$ 178,500.00$ 12,000.00$ 204,000.00$ 32,900.00$ 32,900.00$ 10,000.00$ 10,000.00$ 35,527.00$ 35,527.00$ 25,000.00$ 25,000.00$ 1.00$ 1.00$ 6,500.00$ 6,500.00$ 12,000.00$ 12,000.00$ 6,870.00$ 75,570.00$ 8,000.00$ 88,000.00$ 8,115.00$ 89,265.00$ 8,100.00$ 89,100.00$ 8,653.98$ 95,193.78$ 9,600.00$ 105,600.00$ 10,000.00$ 110,000.00$ 1,025.00$ 1,025.00$ 750.00$ 750.00$ 467.00$ 467.00$ 1,000.00$ 1,000.00$ 329.64$ 329.64$ 750.00$ 750.00$ 2,000.00$ 2,000.00$ 9.50$ 102,296.00$ 11.00$ 118,448.00$ 9.35$ 100,680.80$ 1.25$ 13,460.00$ 0.01$ 107.68$ 0.01$ 107.68$ 5.00$ 53,840.00$ 963.00$ 242,676.00$ 850.00$ 214,200.00$ 1,196.00$ 301,392.00$ 1,125.00$ 283,500.00$ 878.48$ 221,376.96$ 915.00$ 230,580.00$ 1,200.00$ 302,400.00$ 22.80$ 4,560.00$ 10.00$ 2,000.00$ 35.00$ 7,000.00$ 30.00$ 6,000.00$ 40.25$ 8,050.00$ 19.00$ 3,800.00$ 70.00$ 14,000.00$ 22.80$ 4,560.00$ 10.00$ 2,000.00$ 15.00$ 3,000.00$ 30.00$ 6,000.00$ 40.25$ 8,050.00$ 19.00$ 3,800.00$ 80.00$ 16,000.00$ 54.00$ 10,800.00$ 5.00$ 1,000.00$ 92.00$ 18,400.00$ 100.00$ 20,000.00$ 74.75$ 14,950.00$ 1.00$ 200.00$ 60.00$ 12,000.00$ 2,285.00$ 18,280.00$ 100.00$ 800.00$ 648.00$ 5,184.00$ 500.00$ 4,000.00$ 1,437.50$ 11,500.00$ 500.00$ 4,000.00$ 1,200.00$ 9,600.00$ 505.00$ 505.00$ 750.00$ 750.00$ 493.00$ 493.00$ 650.00$ 650.00$ 307.67$ 307.67$ 750.00$ 750.00$ 2,500.00$ 2,500.00$ 35,450.00$ 35,450.00$ 30,000.00$ 30,000.00$ 26,664.00$ 26,664.00$ 20,000.00$ 20,000.00$ 9,230.00$ 9,230.00$ 34,000.00$ 34,000.00$ 70,000.00$ 70,000.00$ 193.00$ 12,159.00$ 150.00$ 9,450.00$ 256.00$ 16,128.00$ 100.00$ 6,300.00$ 143.75$ 9,056.25$ 180.00$ 11,340.00$ 85.00$ 5,355.00$ 94.00$ 5,546.00$ 65.00$ 3,835.00$ 198.00$ 11,682.00$ 100.00$ 5,900.00$ 74.75$ 4,410.25$ 81.00$ 4,779.00$ 40.00$ 2,360.00$ 21.00$ 1,155.00$ 25.00$ 1,375.00$ 58.00$ 3,190.00$ 25.00$ 1,375.00$ 23.00$ 1,265.00$ 42.00$ 2,310.00$ 40.00$ 2,200.00$ 325.00$ 325.00$ 350.00$ 350.00$ 283.00$ 283.00$ 300.00$ 300.00$ 172.50$ 172.50$ 500.00$ 500.00$ 500.00$ 500.00$ 2,765.00$ 13,825.00$ 1,000.00$ 5,000.00$ 2,065.00$ 10,325.00$ 2,500.00$ 12,500.00$ 4,025.00$ 20,125.00$ 2,500.00$ 12,500.00$ 4,500.00$ 22,500.00$ 3.30$ 36,765.30$ 1.00$ 11,141.00$ 2.20$ 24,510.20$ 3.45$ 38,436.45$ 3.16$ 35,205.56$ 2.50$ 27,852.50$ 4.00$ 44,564.00$ 67.00$ 13,400.00$ 15.00$ 3,000.00$ 69.00$ 13,800.00$ 50.00$ 10,000.00$ 23.80$ 4,760.00$ 40.00$ 8,000.00$ 125.00$ 25,000.00$ 62,675.00$ 62,675.00$ 75,000.00$ 75,000.00$ 134,000.00$ 134,000.00$ 175,000.00$ 175,000.00$ 120,750.00$ 120,750.00$ 59,000.00$ 59,000.00$ 500,000.00$ 500,000.00$ 5,000.00$ 5,000.00$ 150,058.00$ 150,058.00$ 7,659.00$ 7,659.00$ 50,000.00$ 50,000.00$ 85,126.11$ 85,126.11$ 10,500.00$ 10,500.00$ 75,000.00$ 75,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 2,346,656.85$ 2,758,877.00$ 3,160,995.93$ 2,996,941.45$ 2,779,999.64$ 2,448,532.18$ 4,163,484.00$ -43.64% -33.74% -24.08% -28.02% -33.23% -41.19% - ELDAMAIN WATER MAIN LOOP - NORTH CONTRACT UNITED CITY OF YORKVILLE PirTano Construction Co., LLC. Scanlon Excavating & Concrete, Inc. 630 S 7000 W Road Kankakee, IL 60901 BID TABULATION Neslund & Associates, Inc. Performance Const - & Eng. Trine Construction Corp. Winninger Excavating, Inc. ENGINEER'S ESTIMATE 115 S. River Road 217 W. John Street 1766 Armitage Court 1041 Trine Court 1211 Deer St 52 Wheeler Road Sugar Grove, IL 60554North Aurora, IL-60542 Plano, IL-60545 Addison, IL 60101 St. Charles, IL-60174 Yorkville, IL-60560 ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #3 Tracking Number PW 2024-103 Cyrus One / Eldamain Water Main Loop – North Contract Construction Agreement City Council – January 14, 2025 PW – 12/17/24 Moved forward to City Council agenda. PW 2024-103 Majority Consideration of Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a construction engineering agreement with EEI to cover the northern portion of the Eldamain Water Loop to the Cyrus One property. Background This item was last discussed by the City Council in July 2024 when the City Council approved a development agreement with Cyrus One, covering construction of utilities to the development. Since then, staff have finished the design of the utilities and put the project out to bid (separate agenda item). Accordingly, EEI has submitted a construction engineering agreement for our review. The EEI proposal for construction engineering is for a total estimated amount of $191,445, covering $184,195 in estimated labor expenses and $7,250 in estimated direct expenses. These costs are included in the FY 25 and FY 26 budget, and ultimately these costs will be covered by Cyrus One. Recommendation Staff recommends approval of the construction engineering agreement with EEI covering the northern portion of the Eldamain Water Loop to the Cyrus One property. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 12, 2024 Subject: Cyrus One / Eldamain Water Loop – northern contract, construction engineering agreement Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES, INC. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality duly organized and validly existing in accordance with the Constitution of the State of Illinois and the laws of this State; and WHEREAS, the City’s Public Works Department plans to extend City water service, inkling constructing the Eldamain Water Main Loop (the “Project”); and WHEREAS, completion of the Project will require engineering services conducted by an outside engineering firm; and WHEREAS, Engineering Enterprises, Inc., of Sugar Grove, Illinois (“EEI”), has prepared an agreement between EEI and the City for engineering services related to the Project (the “Agreement”), said Agreement being attached hereto as Exhibit A; and WHEREAS, EEI has provided engineering services for various projects completed by the City, and the City administration has found that EEI is a qualified and experienced engineering firm; and WHEREAS, the City administration recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the “Corporate Authorities”) of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby authorized to execute the Eldamain Water Main Loop – North Contract, United City of Yorkville, Professional Services Agreement – Resolution No. 2025-____ Page 2 Construction Engineering, attached hereto as Exhibit A. Section 3. This Resolution shall be in full force and effect from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ___________________________________ CITY CLERK UNITED CITY OF YORKVILLE ELDAMAIN WATER MAIN LOOP – NORTH CONTRACT PAGE 1 Eldamain Water Main Loop – North Contract United City of Yorkville Professional Services Agreement – Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The ENGINEER shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Construction engineering will be provided for approximately 11,100 linear feet of 16-inch and 25 linear feet of 12-inch water main improvements along Eldamain Road and Corneils Road. (see Attachment E for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $184,195. Direct expenses are estimated at $7,250. The hourly rates for this project are shown in the attached 2024 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. UNITED CITY OF YORKVILLE ELDAMAIN WATER MAIN LOOP – NORTH CONTRACT PAGE 2 E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the Freedom of Information Act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without Contractor’s consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). UNITED CITY OF YORKVILLE ELDAMAIN WATER MAIN LOOP – NORTH CONTRACT PAGE 3 Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment 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 UNITED CITY OF YORKVILLE ELDAMAIN WATER MAIN LOOP – NORTH CONTRACT PAGE 4 agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non- resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements UNITED CITY OF YORKVILLE ELDAMAIN WATER MAIN LOOP – NORTH CONTRACT PAGE 5 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: Estimate of Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: Location Map Attachment F: 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: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2024. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ______________________________ John Purcell Brad Sanderson, P.E. Mayor Chief Operating Officer / President _________________________________ ______________________________ Jori Behland Angie Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. MARCH 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 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 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 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 provisio n 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 text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of ENGINEERING ENTERPRISES, INC. MARCH 2024 PAGE 2 profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c)Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of 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 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. Attachment B – Scope of Services Eldamain Water Main Loop – North Contract United City of Yorkville The United City of Yorkville intends to install approximately 11,100 linear feet of 16-inch and 25 linear feet of 12-inch water main improvements along Eldamain Road and Corneils Road. Our proposed scope of services for Construction Engineering will include the following: 3.1 Construction Administration x Prepare for, Attend and Facilitate the Preconstruction Meeting with the Contractor Including Preparation of Meeting Minutes x Shop Drawing Review x Prepare and Handout Construction Notice Flyers to Residents Including Temporary Water Loss Notices x Coordinate with City Services (Garbage, Mail, Etc.) x Review Engineering Plans, Specifications and Prepare Field Book x Prepare Pay Estimates and Change Orders x Gather Invoices and Waivers of Lien x Provide Weekly Updates to City or as Required Based on Onsite Activities 3.2 Construction Layout and Record Drawings x Stake Proposed Water Main x Perform Post Construction Field Survey for Record Drawings x Prepare and Review Record Drawings 3.3 Construction Observation and Documentation x Review Staked Water Main x Take Pre-Construction Videos and Photos of Pre-Existing Conditions x Provide Resident Engineering Services for Construction x Coordinate Any Required Testing on Behalf of the City and Review Test Reports x Provide Quantity Tracking, Documentation and Daily Field Reports x Perform Punch Walks, Prepare Punch List Letters and Provide Follow Up Inspections and Recommend Acceptance When Appropriate (2 Each) x Prepare Project Closeout Paperwork The following scope of services will be provided by EEI’s Subconsultant: x Rubino Engineering – Material Testing for Quality Assurance The above scope for “Eldamain Water Main Loop – North Contract” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBERUnited City of YorkvilleYO2319-P NORTH CONTRACTPROJECT TITLEDATE PREPARED BYEldamain Water Main Loop - North Contract 12/10/24ROLE PIC SPM PM PE PT PM SPT2 PS ADMINRATE$241$234$210$168$153$210$175$168$72CONSTRUCTION ENGINEERING3.1 Contract Administration 9 7 42 44 41 - - 2 145 26,436$ 3.2 Construction Layout and Record Drawings - 4 - 2 4 5 71 57 - 143 24,935$ 3.3 Observation and Documentation 2 2 46 20 774 - - 6 850 132,824$ Construction Engineering Subtotal: 11 13 88 66 819 5 71 57 8 1,138 184,195$ 11 13 88 66 819 5 71 57 8 1,138 184,195 DIRECT EXPENSESPrinting/Scanning = 200$ Vehicle = 4,550$ Material Testing = 2,500$ Environmental Assessment = -$ DIRECT EXPENSES = 7,250$ LABOR SUMMARYEEI Labor Expenses = 161,144$ Surveying Expenses = 23,051$ Drafting Expenses = -$ TOTAL LABOR EXPENSES184,195$ TOTAL COSTS 191,445$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:CPDCOSTTASK NO.TASK DESCRIPTIONHOURS ATTACHMENT D: ESTIMATED SCHEDULECLIENT United City of YorkvillePROJECT TITLEEldamain Water Main Loop - North Contract123412341234123412341234CONSTRUCTION ENGINEERING3.1Contract Administration3.2Construction Layout and Record Drawings3.3Observation and Documentation - Water Main 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTIONJanuary February MarchPROJECT NUMBERDATEYO2319-PJune12/10/2024PREPARED BYVH/CPD2025April May McMurtrieCannonballAlan Dal e BeecherDillowPetersonHunterCannonballKonradNathanJonathanDoverKennedyRyan CrestwoodFaxonEssex Overlook Newbury EldenRedTailCheshireFairhavenWhitePlainsHigh RidgeA la n D a l eRedbud NortonMartinCorneilsShadowWoodMcHugh CaledoniaDeniseHarrisDover HoneysuckleIroquoisLongviewCanyonTrailConcord BoomerHubbardFontanaMeadowviewGabriel P a tric ia A m andaYellowstoneMarketview BoombahWesternBoyerCatalpaLaurenEldamainSwansonSearlPinewoodTwinleafKristenAliceNorthland LegnerHoffmanSumacKellerOsbronWinterberryGoldenrodBlackberry ShoreLexingtonCanyonCommercialFaxonBridge DeamesFaxon )HHW327(17,$/'(9(/230(17:$7(50$1:$7(50$,1:$7(50$,1:$7(50$,1:$7(50$,181.12:1:$7(50$,1Engineering Enterprises, Inc.:KHHOHU5RDG6XJDU*URYH,OOLQRLV ZZZHHLZHEFRQELDAMAIN WATER MAIN LOOPNORTHATTACHMENT EDATE:DECEMBER 2024United City of Yorkville3UDLULH3RLQWH'ULYH<RUNYLOOH,/ KWWS ZZZ\RUNYLOOHLOXVELDAMAINWATER MAIN LOOP81,7('&,7<2)<25.9,//(.(1'$//&2817<,//,12,6CONSULTING ENGINEERS12'$7(5(9,6,216PROJECT NO.:YO2319PATH:H:/GIS/PUBLIC/YORKVILLE/2023/FILE:&211(&772(;,67,1* &211(&772(;,67,1*&211(&772(;,67,1*352326(':$7(50$,1<2 B(OGDPDLQ:DWHU0DLQ1RUWKB6RXWK/RRS1257+352-(&7/,0,76 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 F Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #4 Tracking Number PW 2024-104 Eldamain Water Main Loop – South Contract Award City Council – January 14, 2025 PW – 12/17/24 Moved forward to City Council agenda. PW 2024-104 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 Eldamain Water Main Loop – South at 11:00 a.m., December 3, 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. Per Ordinance 2024-31, the project's funding is by C1 Yorkville, LLC. The low bid was below our engineer’s estimate and within the FY2025 budget. We recommend the acceptance of the bid and approval of award be made to the low bidder, Winninger Excavating. Inc., 1211 Deer St. Yorkville, IL 60560, in the total amount of $2,679,397.65, contingent upon the receipt of the funds from C1 Yorkville, LLC. 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: December 4, 2024 Subject: Eldamain Water Main Loop – South Resolution No. 2025-____ Page 1 Resolution No. 2025-______ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A BID TO CONSTRUCT THE ELDAMAIN WATER LOOP SOUTH PORTION OF A WATER AND SEWER EXTENSION PROJECT (C1 Yorkville, LLC) 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, C1 Yorkville, LLC, a Delaware limited liability company (“C1 Yorkville”), submitted a proposal to the City to develop approximately 229 acres at the northeast corner of Eldamain and Faxon Roads (the “Development Site”) for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an on-site electric substation (collectively, the “C1 Project”); and WHEREAS, the C1 Project will require the City to extend water and sewer service to the Development Site, including the engineering design for the extensions and acquisition of required temporary and permanent easements necessary to construct the C1 Project (the “Utility Project”); and WHEREAS, the Mayor and City Council (the “Corporate Authorities”) approved City of Yorkville Ordinance No. 2024-31 on July 9, 2024, approving certain agreements with C1 Yorkville, wherein the City agreed to construct the Utility Project on the condition that C1 Yorkville bear all costs incurred in constructing the Utility Project; and WHEREAS, in compliance with all applicable Illinois laws, bids were accepted to complete a portion of the Utility Project, known as the “Eldamain Water Loop – South”, and a public bid opening was held at 11:00 a.m. on December 3, 2024; and Resolution No. 2025-____ Page 2 WHEREAS, the City’s engineers and staff find that the lowest responsible bidder is Winninger Excavating, Inc., 1211 Deer St. Yorkville, IL 60560, with a total bid amount of $2,679,397.65 (the “Project Cost”); and WHEREAS, it has been recommended to the Corporate Authorities that the bid by Winninger be accepted, contingent upon receipt of funds from C1 Yorkville to pay the Project Cost. 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. The Corporate Authorities hereby find and declare that a bid by Winninger Excavating, Inc., 1211 Deer Street, Yorkville, Illinois 60560, to complete the “Eldamain Water Loop – South” project at a cost of $2,679,397.65 is the lowest responsible bid, and therefore accept the bid, contingent on receipt of adequate funds from C1 Yorkville to pay the Project Cost. Section 3. That this resolution shall be in full force and effect from and after its passage and approval according to law. [Remainder of page intentionally left blank. Roll call vote follows.] Resolution No. 2025-____ Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Page 1 of 1BID TABULATIONJ & S Construction Sewer and Water Inc. Winninger Excavating, Inc. Benchmark Construction C. Szabo Contracting, Inc.BIDS RECEIVED 11:00 A.M. 12/3/2024 P.O. Box 760 1211 Deer St 2260 Southwind Blvd 331 Elliot Ave. WestOswego, IL 60543 Yorkville, IL-60560 Bartlett, IL-60103 Chicago, IL 60185BID TOTAL$2,779,793.25 $2,679,397.65 $3,488,000.00 $3,629,052.00BID BOND XXX XSIGNED BID XXX XADDENDUM NO. 1XXX XADDENDUM NO. 2XXXXBID SUMMARYELDAMAIN WATER MAIN LOOP - SOUTH CONTRACTUNITED CITY OF YORKVILLEENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BIDS RECD 12/3/2024ITEMUNIT UNIT UNIT UNIT UNITNO.DESCRIPTIONUNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT1 TREE REMOVALAC 0.620,000.00$ 12,000.00$ 18,000.00$ 10,800.00$ 19,000.00$ 11,400.00$ 20,000.00$ 12,000.00$ 30,000.00$ 18,000.00$ 2 CONNECTION TO EXISTING WATER MAIN, 12-INCH EACH 35,000.00$ 15,000.00$ 3,300.00$ 9,900.00$ 8,200.00$ 24,600.00$ 6,031.00$ 18,093.00$ 8,000.00$ 24,000.00$ 3 CONNECTION TO EXISTING WATER MAIN, 16-INCH EACH 15,500.00$ 5,500.00$ 4,000.00$ 4,000.00$ 9,500.00$ 9,500.00$ 10,242.00$ 10,242.00$ 10,000.00$ 10,000.00$ 4 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 12-INCH LF 1,405110.00$ 154,550.00$ 89.00$ 125,045.00$ 161.00$ 226,205.00$ 157.00$ 220,585.00$ 160.00$ 224,800.00$ 5 WATER MAIN, D.I.P., CLASS 52, WITH POLYETHYLENE WRAP, 16-INCH LF 11,443139.00$ 1,590,577.00$ 151.00$ 1,727,893.00$ 187.00$ 2,139,841.00$ 171.00$ 1,956,753.00$ 145.00$ 1,659,235.00$ 6 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 12-INCH EACH 38,200.00$ 24,600.00$ 6,700.00$ 20,100.00$ 8,500.00$ 25,500.00$ 9,267.00$ 27,801.00$ 10,000.00$ 30,000.00$ 7 BUTTERFLY VALVE AND VALVE VAULT, 16-INCH EACH 189,200.00$ 165,600.00$ 8,100.00$ 145,800.00$ 10,400.00$ 187,200.00$ 10,125.00$ 182,250.00$ 10,000.00$ 180,000.00$ 8 PRESSURE CONNECTION, 12" EACH 25,800.00$ 11,600.00$ 6,000.00$ 12,000.00$ 18,000.00$ 36,000.00$ 4,865.00$ 9,730.00$ 6,000.00$ 12,000.00$ 9 FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ EACH 189,500.00$ 171,000.00$ 8,200.00$ 147,600.00$ 10,800.00$ 194,400.00$ 7,270.00$ 130,860.00$ 10,000.00$ 180,000.00$ 10 WATER MAIN TO BE REMOVED LF 1,20810.00$ 12,080.00$ 20.00$ 24,160.00$ 8.00$ 9,664.00$ 22.00$ 26,576.00$ 20.00$ 24,160.00$ 11 FIRE HYDRANT TO BE REMOVED EACH 2750.00$ 1,500.00$ 1,435.00$ 2,870.00$ 500.00$ 1,000.00$ 736.00$ 1,472.00$ 2,000.00$ 4,000.00$ 12 DUCTILE IRON FITTINGS LB 13,5250.01$ 135.25$ 0.01$ 135.25$ 9.00$ 121,725.00$ 1.00$ 13,525.00$ 1.00$ 13,525.00$ 13 WATER MAIN PROTECTION, PVC C-900, 18-INCH LF 8785.00$ 7,395.00$ 113.00$ 9,831.00$ 200.00$ 17,400.00$ 145.00$ 12,615.00$ 150.00$ 13,050.00$ 14 STEEL CASING PIPE, 30-INCH (.3" WALL THICKNESS) BORED AND JACKED LF 190904.00$ 171,760.00$ 945.00$ 179,550.00$ 858.00$ 163,020.00$ 842.00$ 159,980.00$ 1,000.00$ 190,000.00$ 15 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 1 TONS 20010.00$ 2,000.00$ 15.00$ 3,000.00$ 50.00$ 10,000.00$ 10.00$ 2,000.00$ 50.00$ 10,000.00$ 16 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 2 TONS 20010.00$ 2,000.00$ 15.00$ 3,000.00$ 15.00$ 3,000.00$ 10.00$ 2,000.00$ 60.00$ 12,000.00$ 17 FOUNDATION MATERIAL CY 2001.00$ 200.00$ 40.00$ 8,000.00$ 85.00$ 17,000.00$ 33.00$ 6,600.00$ 40.00$ 8,000.00$ 18 EXPLORATORY EXCAVATION EACH 6500.00$ 3,000.00$ 860.00$ 5,160.00$ 1,000.00$ 6,000.00$ 150.00$ 900.00$ 1,000.00$ 6,000.00$ 19 VALVE VAULT TO BE ABANDONED EACH 1750.00$ 750.00$ 480.00$ 480.00$ 500.00$ 500.00$ 719.00$ 719.00$ 500.00$ 500.00$ 20 VALVE VAULT TO BE REMOVED EACH 3750.00$ 2,250.00$ 1,500.00$ 4,500.00$ 300.00$ 900.00$ 1,175.00$ 3,525.00$ 750.00$ 2,250.00$ 21 WATER MAIN TESTING - PRESSURE AND DISINFECTION L SUM 140,000.00$ 40,000.00$ 13,600.00$ 13,600.00$ 5,000.00$ 5,000.00$ 37,669.00$ 37,669.00$ 50,000.00$ 50,000.00$ 22 FULL DEPTH PAVEMENT PATCHING SY 90180.00$ 16,200.00$ 155.00$ 13,950.00$ 250.00$ 22,500.00$ 259.00$ 23,310.00$ 85.00$ 7,650.00$ 23 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT LF 40145.00$ 5,800.00$ 125.00$ 5,000.00$ 150.00$ 6,000.00$ 158.00$ 6,320.00$ 50.00$ 2,000.00$ 24 AGGREGATE DRIVEWAY REMOVAL AND REPLACEMENT SY 2150.00$ 1,050.00$ 10.00$ 210.00$ 75.00$ 1,575.00$ 116.00$ 2,436.00$ 40.00$ 840.00$ 25 SIGN TO BE REMOVED AND RESET EACH 1350.00$ 350.00$ 450.00$ 450.00$ 500.00$ 500.00$ 100.00$ 100.00$ 500.00$ 500.00$ 26 STABILIZED CONSTRUCTION ENTRANCE EACH 42,500.00$ 10,000.00$ 1,950.00$ 7,800.00$ 6,300.00$ 25,200.00$ 3,826.00$ 15,304.00$ 4,000.00$ 16,000.00$ 27 INLET PROTECTION EACH 9250.00$ 2,250.00$ 290.00$ 2,610.00$ 200.00$ 1,800.00$ 225.00$ 2,025.00$ 200.00$ 1,800.00$ Benchmark Construction2260 Southwind BlvdBartlett, IL 60103 Winninger Excavating J&S ConstructionPO Box 760Oswego, Il 60543 ENGINEER'S ESTIMATE331 Elliot AveBID TABULATIONC. Szabo Contracting, Inc.BID TABULATION ELDAMAIN WATER MAIN LOOP - SOUTH CONTRACTUNITED CITY OF YORKVILLE8845 Schoger DriveNaperville, IL 60564 52 Wheeler RoadSugar Grove, IL 60554West Chicago, IL 60185ENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BIDS RECD 12/3/2024ITEMUNIT UNIT UNIT UNIT UNITNO.DESCRIPTIONUNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNTBenchmark Construction2260 Southwind BlvdBartlett, IL 60103 Winninger Excavating J&S ConstructionPO Box 760Oswego, Il 60543 ENGINEER'S ESTIMATE331 Elliot AveBID TABULATIONC. Szabo Contracting, Inc.BID TABULATION ELDAMAIN WATER MAIN LOOP - SOUTH CONTRACTUNITED CITY OF YORKVILLE8845 Schoger DriveNaperville, IL 60564 52 Wheeler RoadSugar Grove, IL 60554West Chicago, IL 6018528 PERIMETER EROSION BARRIER LF 12,8482.30$ 29,550.40$ 3.00$ 38,544.00$ 4.00$ 51,392.00$ 4.00$ 51,392.00$ 3.00$ 38,544.00$ 29 PIPE CULVERT REMOVAL AND REPLACEMENT LF 3080.00$ 2,400.00$ 23.00$ 690.00$ 71.00$ 2,130.00$ 111.00$ 3,330.00$ 110.00$ 3,300.00$ 30 FENCE REMOVAL AND REPLACEMENT LF 15530.00$ 4,650.00$ 30.00$ 4,650.00$ 116.00$ 17,980.00$ 12.00$ 1,860.00$ 100.00$ 15,500.00$ 31 TEMPORARY CONSTRUCTION FENCE LF 1555.00$ 775.00$ 13.00$ 2,015.00$ 75.00$ 11,625.00$ 8.00$ 1,240.00$ 100.00$ 15,500.00$ 32 RAILROAD TRACK REMOVAL LF 12515.00$ 1,875.00$ 130.00$ 16,250.00$ 50.00$ 6,250.00$ 58.00$ 7,250.00$ 100.00$ 12,500.00$ 33 DRAIN TILE REPLACEMENT LF 20040.00$ 8,000.00$ 21.00$ 4,200.00$ 93.00$ 18,600.00$ 52.00$ 10,400.00$ 50.00$ 10,000.00$ 34 RESTORATIONL SUM 180,000.00$ 80,000.00$ 54,000.00$ 54,000.00$ 5,593.00$ 5,593.00$ 225,000.00$ 225,000.00$ 150,000.00$ 150,000.00$ 35 RAILROAD PROTECTIVE LIABILITY INSURANCE L SUM 19,000.00$ 9,000.00$ 8,000.00$ 8,000.00$ 2,000.00$ 2,000.00$ 7,500.00$ 7,500.00$ 35,000.00$ 35,000.00$ 36 TRAFFIC CONTROL AND PROTECTION L SUM 114,000.00$ 14,000.00$ 64,000.00$ 64,000.00$ 5,000.00$ 5,000.00$ 335,690.00$ 335,690.00$ 75,000.00$ 75,000.00$ 37 ALLOWANCE - ITEMS ORDERED BY THE ENGINEER UNIT 100,0001.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ 1.00$ 100,000.00$ BASE BID TOTAL (ITEMS 1-50)1.00 2,679,397.65$ 1.00 2,779,793.25$ 1.00 3,488,000.00$ 1.00 3,629,052.00$ 1.00 3,155,654.00$ TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST-15.09% -11.91% 10.53% 15.00% -CORRECTED NUMBERS FROM BIDENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS 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 #5 Tracking Number PW 2024-105 Cyrus One / Eldamain Water Main Loop – South Contract Construction Agreement City Council – January 14, 2025 PW – 12/17/24 Moved forward to City Council agenda. PW 2024-105 Majority Consideration of Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a construction engineering agreement with EEI to cover the southern portion of the Eldamain Water Loop to the Cyrus One property. Background This item was last discussed by the City Council in July 2024 when the City Council approved a development agreement with Cyrus One, covering construction of utilities to the development. Since then, staff have finished the design of the utilities and put the project out to bid (separate agenda item). Accordingly, EEI has submitted a construction engineering agreement for our review. The EEI proposal for construction engineering is for a total estimated amount of $230,778, covering $222,603 in estimated labor expenses and $8,175 in estimated direct expenses. These costs are included in the FY 25 and FY 26 budget, and ultimately these costs will be covered by Cyrus One. Recommendation Staff recommends approval of the construction engineering agreement with EEI covering the southern portion of the Eldamain Water Loop to the Cyrus One property. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 12, 2024 Subject: Cyrus One / Eldamain Water Loop – southern contract, construction engineering agreement Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES, INC. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality duly organized and validly existing in accordance with the Constitution of the State of Illinois and the laws of this State; and WHEREAS, the City’s Public Works Department plans to extend City water service, including constructing the Eldamain Water Main Loop (the “Project”); and WHEREAS, completion of the Project will require engineering services conducted by an outside engineering firm; and WHEREAS, Engineering Enterprises, Inc., of Sugar Grove, Illinois (“EEI”), has prepared an agreement between EEI and the City for engineering services related to the Project (the “Agreement”), said Agreement being attached hereto as Exhibit A; and WHEREAS, EEI has provided engineering services for various projects completed by the City, and the City administration has found that EEI is a qualified and experienced engineering firm; and WHEREAS, the City administration recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the “Corporate Authorities”) of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby authorized to execute an Eldamain Water Main Loop – South Contract, United City of Yorkville, Professional Services Agreement – Resolution No. 2025-____ Page 2 Construction Engineering, attached hereto as Exhibit A. Section 3. This Resolution shall be in full force and effect from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ___________________________________ City Clerk UNITED CITY OF YORKVILLE ELDAMAIN WATER MAIN LOOP – SOUTH CONTRACT PAGE 1 Eldamain Water Main Loop – South Contract United City of Yorkville Professional Services Agreement – Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The ENGINEER shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Construction engineering will be provided for approximately 1,450 linear feet of 12-inch and 11,500 linear feet of 16-inch water main improvements along Faxon Road, Beecher Road, BNSF ROW, and Eldamain Road. (see Attachment E for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $222,603. Direct expenses are estimated at $8,175. The hourly rates for this project are shown in the attached 2024 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. UNITED CITY OF YORKVILLE ELDAMAIN WATER MAIN LOOP – SOUTH CONTRACT PAGE 2 E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the Freedom of Information Act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without Contractor’s consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). UNITED CITY OF YORKVILLE ELDAMAIN WATER MAIN LOOP – SOUTH CONTRACT PAGE 3 Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment 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 UNITED CITY OF YORKVILLE ELDAMAIN WATER MAIN LOOP – SOUTH CONTRACT PAGE 4 agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non- resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements UNITED CITY OF YORKVILLE ELDAMAIN WATER MAIN LOOP – SOUTH CONTRACT PAGE 5 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: Estimate of Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: Location Map Attachment F: 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: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2024. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ______________________________ John Purcell Brad Sanderson, P.E. Mayor Chief Operating Officer / President _________________________________ ______________________________ Jori Behland Angie Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. MARCH 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 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 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 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 provisio n 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 text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of ENGINEERING ENTERPRISES, INC. MARCH 2024 PAGE 2 profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c)Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of 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 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. Attachment B – Scope of Services Eldamain Water Main Loop – South Contract United City of Yorkville The United City of Yorkville intends to install approximately 1,450 linear feet of 12-inch and 11,500 linear feet of 16-inch water main improvements along Faxon Road, Beecher Road, BNSF ROW, and Eldamain Road. Our proposed scope of services for Construction Engineering will include the following: 3.1 Construction Administration x Prepare for, Attend and Facilitate the Preconstruction Meeting with the Contractor Including Preparation of Meeting Minutes x Shop Drawing Review x Prepare and Handout Construction Notice Flyers to Residents Including Temporary Water Loss Notices x Coordinate with City Services (Garbage, Mail, Etc.) x Review Engineering Plans, Specifications and Prepare Field Book x Prepare Pay Estimates and Change Orders x Gather Invoices and Waivers of Lien x Provide Weekly Updates to City or as Required Based on Onsite Activities 3.2 Construction Layout and Record Drawings x Stake Proposed Water Main x Perform Post Construction Field Survey for Record Drawings x Prepare and Review Record Drawings 3.3 Construction Observation and Documentation x Review Staked Water Main x Take Pre-Construction Videos and Photos of Pre-Existing Conditions x Provide Resident Engineering Services for Construction x Coordinate Any Required Testing on Behalf of the City and Review Test Reports x Provide Quantity Tracking, Documentation and Daily Field Reports x Perform Punch Walks, Prepare Punch List Letters and Provide Follow Up Inspections and Recommend Acceptance When Appropriate (2 Each) x Prepare Project Closeout Paperwork The following scope of services will be provided by EEI’s Subconsultant: x Rubino Engineering – Material Testing for Quality Assurance The above scope for “Eldamain Water Main Loop – South Contract” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBERUnited City of YorkvilleYO2319-PPROJECT TITLEDATE PREPARED BYEldamain Water Main Loop - South Contract 12/10/24ROLE PIC SPM PM PE PT PM SPT2 PS ADMINRATE$241$234$210$168$153$210$175$168$72CONSTRUCTION ENGINEERING3.1 Contract Administration 9 10 48 60 47 - - 2 176 32,004$ 3.2 Construction Layout and Record Drawings - 6 - 4 4 9 73 59 - 155 27,265$ 3.3 Observation and Documentation 2 2 66 40 924 - - 6 1,040 163,334$ Construction Engineering Subtotal: 11 18 114 104 975 9 73 59 8 1,371 222,603$ 11 18 114 104 975 9 73 59 8 1,371 222,603 DIRECT EXPENSESPrinting/Scanning = 150$ Vehicle = 5,525$ Material Testing = 2,500$ Environmental Assessment = -$ DIRECT EXPENSES = 8,175$ LABOR SUMMARYEEI Labor Expenses = 198,026$ Surveying Expenses = 24,577$ Drafting Expenses = -$ TOTAL LABOR EXPENSES222,603$ TOTAL COSTS 230,778$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:CPDCOSTTASK NO.TASK DESCRIPTIONHOURS ATTACHMENT D: ESTIMATED SCHEDULECLIENT United City of YorkvillePROJECT TITLEEldamain Water Main Loop - South Contract123412341234123412341234CONSTRUCTION ENGINEERING3.1Contract Administration3.2Construction Layout and Record Drawings3.3Observation and Documentation - Water Main 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTIONJanuary February MarchPROJECT NUMBERDATEYO2319-PJune12/10/2024PREPARED BYVH/CPD2025April May McMurtrieCannonballAlan Dal e BeecherDillowPetersonHunterCannonballKonradNathanJonathanDoverKennedyRyan CrestwoodFaxonEssex Overlook Newbury EldenRedTailCheshireFairhavenWhitePlainsHigh RidgeA la n D a l eRedbud NortonMartinCorneilsShadowWoodMcHugh CaledoniaDeniseHarrisDover HoneysuckleIroquoisLongviewCanyonTrailConcord BoomerHubbardFontanaMeadowviewGabriel P a tric ia A m andaYellowstoneMarketview BoombahWesternBoyerCatalpaLaurenEldamainSwansonSearlPinewoodTwinleafKristenAliceNorthland LegnerHoffmanSumacKellerOsbronWinterberryGoldenrodBlackberry ShoreLexingtonCanyonCommercialFaxonBridge DeamesFaxon )HHW327(17,$/'(9(/230(17:$7(50$1:$7(50$,1:$7(50$,1:$7(50$,1:$7(50$,181.12:1:$7(50$,1Engineering Enterprises, Inc.:KHHOHU5RDG6XJDU*URYH,OOLQRLV ZZZHHLZHEFRQELDAMAIN WATER MAIN LOOPSOUTHATTACHMENT EDATE:DECEMBER 2024United City of Yorkville3UDLULH3RLQWH'ULYH<RUNYLOOH,/ KWWS ZZZ\RUNYLOOHLOXVELDAMAINWATER MAIN LOOP81,7('&,7<2)<25.9,//(.(1'$//&2817<,//,12,6CONSULTING ENGINEERS12'$7(5(9,6,216PROJECT NO.:YO2319PATH:H:/GIS/PUBLIC/YORKVILLE/2023/FILE:&211(&772(;,67,1* &211(&772(;,67,1*352326(':$7(50$,1&211(&772(;,67,1*<2 B(OGDPDLQ:DWHU0DLQ1RUWKB6RXWK/RRS6287+352-(&7/,0,76 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 F Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #6 Tracking Number PW 2024-106 Southern Sanitary Sewer Connection – Contract Award City Council – January 14, 2025 PW – 12/17/24 Moved forward to City Council agenda. PW 2024-106 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 Southern Sanitary Sewer Connection at 11:00 a.m., December 5, 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. Per Ordinance 2024-31, the project's funding is by C1 Yorkville, LLC. We recommend the acceptance of the Bid and approval of award be made to the low bidder, Fischer Excavating, Inc., 1567 N. Heine Road, Freeport, IL 61032 in the total amount of $826,384.00, contingent upon the receipt of the funds from C1 Yorkville, LLC and the final acquisition of the easement. 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: December 17, 2024 Subject: Southern Sanitary Sewer Connection Resolution No. 2025-____ Page 1 Resolution No. 2025-______ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A BID TO CONSTRUCT THE SOUTHERN SANITARY SEWER CONNECTION PORTION OF A WATER AND SEWER EXTENSION PROJECT (C1 Yorkville, LLC) 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, C1 Yorkville, LLC, a Delaware limited liability company (“C1 Yorkville”), submitted a proposal to the City to develop approximately 229 acres at the northeast corner of Eldamain and Faxon Roads (the “Development Site”) for the purpose of developing a secured data center campus with nine buildings, six stormwater basins and an on-site electric substation (collectively, the “C1 Project”); and WHEREAS, the C1 Project will require the City to extend water and sewer service to the Development Site, including the engineering design for the extensions and acquisition of required temporary and permanent easements necessary to construct the C1 Project (the “Utility Project”); and WHEREAS, the Mayor and City Council (the “Corporate Authorities”) approved City of Yorkville Ordinance No. 2024-31 on July 9, 2024, approving certain agreements with C1 Yorkville, wherein the City agreed to construct the Utility Project on the condition that C1 Yorkville bear all costs incurred in constructing the Utility Project; and WHEREAS, in compliance with all applicable Illinois laws, bids were accepted to complete a portion of the Utility Project, known as the “Southern Sanitary Sewer Connection”, and a public bid opening was held at 11:00 a.m. on December 5, 2024; and Resolution No. 2025-____ Page 2 WHEREAS, the City’s engineers and staff find that the lowest responsible bidder is Fischer Excavating, Inc., 1567 N. Heine Road, Freeport, Illinois 61032 (“Fischer”), with a total bid amount of $826,384.00 (the “Project Cost”); and WHEREAS, it has been recommended to the Corporate Authorities that the bid by Fischer be accepted, contingent upon receipt of funds from C1 Yorkville to pay the Project Cost. 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. The Corporate Authorities hereby find and declare that a bid by Fischer Excavating, Inc., 1567 N. Heine Road, Freeport, Illinois 61032, to complete the “Southern Sanitary Sewer Connection” project at a cost of $826,384.00 is the lowest responsible bid, and therefore accept the bid, contingent on receipt of adequate funds from C1 Yorkville to pay the Project Cost. Section 3. That this resolution shall be in full force and effect from and after its passage and approval according to law. [Remainder of page intentionally left blank. Roll call vote follows.] Resolution No. 2025-____ Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK BIDS RECD 12/5/2024ITEMUNIT UNIT UNIT UNIT UNITNO.DESCRIPTIONUNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT1 STABILIZED CONSTRUCTION ENTRANCE EACH 2743.00$ 1,486.00$ 3,500.00$ 7,000.00$ 1,700.00$ 3,400.00$ 3,000.00$ 6,000.00$ 4,500.00$ 9,000.00$ 2 TREE REMOVALLSUM 15,000.00$ 5,000.00$ 10,500.00$ 10,500.00$ 450.00$ 450.00$ 5,500.00$ 5,500.00$ 10,000.00$ 10,000.00$ 3 PERIMETER EROSION BARRIERFOOT 4,0503.00$ 12,150.00$ 2.50$ 10,125.00$ 3.00$ 12,150.00$ 2.00$ 8,100.00$ 4.00$ 16,200.00$ 4 FOUNDATION MATERIALCUYD 5075.00$ 3,750.00$ 12.00$ 600.00$ 15.00$ 750.00$ 75.00$ 3,750.00$ 60.00$ 3,000.00$ 5 SELECT GRANULAR BACKFILLCUYD 38066.00$ 25,080.00$ 1.00$ 380.00$ 38.00$ 14,440.00$ 40.00$ 15,200.00$ 55.00$ 20,900.00$ 6 DRAIN TILE REPLACEMENTFOOT 100100.00$ 10,000.00$ 45.00$ 4,500.00$ 12.00$ 1,200.00$ 50.00$ 5,000.00$ 80.00$ 8,000.00$ 7 TYPE A SANITARY MANHOLE, 4' DIA, TYPE 1 FRAME AND CLOSED LID EACH 712,241.00$ 85,687.00$ 12,500.00$ 87,500.00$ 5,100.00$ 35,700.00$ 10,000.00$ 70,000.00$ 10,000.00$ 70,000.00$ 8 ADDITIONAL DEPTH OF MANHOLEFOOT 67240.00$ 16,080.00$ 10.00$ 670.00$ 113.00$ 7,571.00$ 400.00$ 26,800.00$ 35.00$ 2,345.00$ 9 SANITARY SEWER, PVC C900, DR-21, 12-INCH FOOT 1,822243.00$ 442,746.00$ 225.00$ 409,950.00$ 284.00$ 517,448.00$ 222.00$ 404,484.00$ 225.00$ 409,950.00$ 10 SANITARY SEWER PVC C900, 12-INCH, CERTA-LOK FOOT 110134.00$ 14,740.00$ 235.00$ 25,850.00$ 75.00$ 8,250.00$ 140.00$ 15,400.00$ 235.00$ 25,850.00$ 11 BORE AND JACK 24" STEEL CASING PIPE (SANITARY SEWER NOT INCLUDED) FOOT 110812.00$ 89,320.00$ 625.00$ 68,750.00$ 1,230.00$ 135,300.00$ 1,279.00$ 140,690.00$ 800.00$ 88,000.00$ 12 CONNECT TO EXISTING SANITARY SEWER EACH 14,555.00$ 4,555.00$ 7,500.00$ 7,500.00$ 6,000.00$ 6,000.00$ 6,500.00$ 6,500.00$ 2,500.00$ 2,500.00$ 13 DEFLECTION TESTING SANITARY SEWER FOOT 1,9321.00$ 1,932.00$ 3.00$ 5,796.00$ 1.00$ 1,932.00$ 2.00$ 3,864.00$ 7.00$ 13,524.00$ 14 TELEVISING SANITARY SEWERFOOT 1,9323.00$ 5,796.00$ 3.25$ 6,279.00$ 3.00$ 5,796.00$ 2.50$ 4,830.00$ 7.00$ 13,524.00$ 15 SANITARY MANHOLE VACUUM TESTING EACH 7346.00$ 2,422.00$ 1,700.00$ 11,900.00$ 350.00$ 2,450.00$ 200.00$ 1,400.00$ 750.00$ 5,250.00$ 16 PRESSURE TESTING SANITARY SEWER FOOT 1,9321.00$ 1,932.00$ 3.00$ 5,796.00$ 0.50$ 966.00$ 2.00$ 3,864.00$ 7.00$ 13,524.00$ 17 HMA PAVEMENT REMOVAL AND REPLACEMENT SQYD 22345.00$ 7,590.00$ 160.00$ 3,520.00$ 155.00$ 3,410.00$ 500.00$ 11,000.00$ 100.00$ 2,200.00$ 18 FLOW DIVERSION OF ROB ROY CREEK LSUM 16,318.00$ 6,318.00$ 60,000.00$ 60,000.00$ 85,000.00$ 85,000.00$ 138,000.00$ 138,000.00$ 45,000.00$ 45,000.00$ 19 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL, TYPE 2 TONS 10078.00$ 7,800.00$ 10.00$ 1,000.00$ 10.00$ 1,000.00$ 25.00$ 2,500.00$ 60.00$ 6,000.00$ 20 TRAFFIC CONTROL AND PROTECTION LSUM 15,000.00$ 5,000.00$ 50,000.00$ 50,000.00$ 10,000.00$ 10,000.00$ 19,000.00$ 19,000.00$ 25,000.00$ 25,000.00$ 21 RESTORATIONLSUM 127,000.00$ 27,000.00$ 71,154.00$ 71,154.00$ 22,500.00$ 22,500.00$ 25,000.00$ 25,000.00$ 50,000.00$ 50,000.00$ 22 ALLOWANCE - ITEMS ORDERED BY ENGINEER DOLLAR 50,0001.00$ 50,000.00$ 1.00$ 50,000.00$ 1.00$ 50,000.00$ 1.00$ 50,000.00$ 1.00$ 50,000.00$ 23TOTAL 826,384.00$ 898,770.00$ 925,713.00$ 966,882.00$ 889,767.00$ ABOVE/BELOW ENGINEERS ESTIMATE-7.12% 1.01% 4.04% 8.67%CORRECTED NUMBERS FROM BIDJ & S Construction Sewer And Water IncPerformance Construction & Engineering, LLCENGINEER'S ESTIMATEBID TABULATION SOUTHERN SANITARY SEWER CONNECTIONUNITED CITY OF YORKVILLE1567 N Heine Rd 217 W. John Street P.O. Box 760 8845 Schoger Dr 52 Wheeler RoadBID TABULATIONFischer Excavating, Inc.Winninger Excavating Freeport, IL-61032 Plano, IL-60545 Oswego, IL-60543 Naperville, IL-60564 Sugar Grove, IL 60554ENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS 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 #7 Tracking Number PW 2024-107 Cyrus One/Southern Sanitary Sewer Connection – Construction Engineering Agreement City Council – January 14, 2025 PW – 12/17/24 Moved forward to City Council agenda. PW 2024-107 Majority Consideration of Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a construction engineering agreement with EEI to cover the sanitary sewer extension to the Cyrus One property. Background This item was last discussed by the City Council in July 2024 when the City Council approved a development agreement with Cyrus One, covering construction of utilities to the development. Since then, staff have finished the design of the utilities and put the project out to bid (separate agenda item). Accordingly, EEI has submitted a construction engineering agreement for our review. The EEI proposal for construction engineering is for a total estimated amount of $95,001, covering $87,251 in estimated labor expenses and $7,750 in estimated direct expenses. These costs are included in the FY 25 and FY 26 budget, and ultimately these costs will be covered by Cyrus One. Recommendation Staff recommends approval of the construction engineering agreement with EEI covering the sanitary sewer extension to the Cyrus One property. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 12, 2024 Subject: Cyrus One / Southern Sanitary Sewer Connection – construction engineering agreement Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES, INC. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality duly organized and validly existing in accordance with the Constitution of the State of Illinois and the laws of this State; and WHEREAS, the City’s Public Works Department plans to extend the City’s sanitary sewers, including constructing the Southern Sanitary Sewer Connection (the “Project”); and WHEREAS, completion of the Project will require engineering services conducted by an outside engineering firm; and WHEREAS, Engineering Enterprises, Inc., of Sugar Grove, Illinois (“EEI”), has prepared an agreement between EEI and the City for engineering services related to the Project (the “Agreement”), said Agreement being attached hereto as Exhibit A; and WHEREAS, EEI has provided engineering services for various projects completed by the City, and the City administration has found that EEI is a qualified and experienced engineering firm; and WHEREAS, the City administration recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the “Corporate Authorities”) of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby authorized to execute a Southern Sanitary Sewer Connection, United City of Yorkville, Professional Services Agreement – Resolution No. 2025-____ Page 2 Construction Engineering, attached hereto as Exhibit A. Section 3. This Resolution shall be in full force and effect from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ___________________________________ CITY CLERK UNITED CITY OF YORKVILLE SOUTHERN SANITARY SEWER CONNECTION PAGE 1 Southern Sanitary Sewer Connection United City of Yorkville Professional Services Agreement –Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The ENGINEER shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Construction engineering will be provided for approximately 1,930 linear feet of 12-inch sanitary sewer improvements primarily east of Beecher Road along the BNSF railroad. (see Attachment E for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $87,251. Direct expenses are estimated at $7,750. The hourly rates for this project are shown in the attached 2024 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any UNITED CITY OF YORKVILLE SOUTHERN SANITARY SEWER CONNECTION 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: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the Freedom of Information Act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without Contractor’s consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). UNITED CITY OF YORKVILLE SOUTHERN SANITARY SEWER CONNECTION PAGE 3 Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment 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 UNITED CITY OF YORKVILLE SOUTHERN SANITARY SEWER CONNECTION PAGE 4 agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non- resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements UNITED CITY OF YORKVILLE SOUTHERN SANITARY SEWER CONNECTION PAGE 5 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:Estimate of Level of Effort and Associated Cost Attachment D:Anticipated Project Schedule Attachment E:Location Map Attachment F: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: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2024. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ______________________________ John Purcell Brad Sanderson, P.E. Mayor Chief Operating Officer / President _________________________________ ______________________________ Jori Behland Angie Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. DECEMBER 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 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 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 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 provisio n 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 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. 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. DECEMBER 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 incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ 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 t he 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 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 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. Attachment B – Scope of Services Southern Sanitary Sewer Connection United City of Yorkville The United City of Yorkville intends to install approximately 1,930 linear feet of 12-inch sanitary sewer improvements primarily east of Beecher Road along the BNSF railroad. Our proposed cope of services for Construction Engineering will include the following: 3.1 Construction Administration x Prepare for, Attend and Facilitate the Preconstruction Meeting with the Contractor Including Preparation of Meeting Minutes x Shop Drawing Review x Review Engineering Plans, Specifications and Prepare Field Book x Prepare Pay Estimates and Change Orders x Gather Invoices and Waivers of Lien x Provide Weekly Updates to City or as Required Based on Onsite Activities 3.2 Construction Layout and Record Drawings x Stake Proposed Water Main x Perform Post Construction Field Survey for Record Drawings x Prepare and Review Record Drawings 3.3 Construction Observation and Documentation x Review Staked Sanitary Sewer x Take Pre-Construction Videos and Photos of Pre-Existing Conditions x Provide Resident Engineering Services for Construction x Coordinate Any Required Testing on Behalf of the City and Review Test Reports x Provide Quantity Tracking, Documentation and Daily Field Reports x Perform Punch Walks, Prepare Punch List Letters and Provide Follow Up Inspections and Recommend Acceptance When Appropriate (2 Each) x Prepare Project Closeout Paperwork The above scope for “Southern Sanitary Sewer Connection” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBERUnited City of YorkvilleYO2321-PPROJECT TITLEDATE PREPARED BYSouthern Sanitary Sewer Connection 12/6/24ROLE PIC PM PE PT PM SPT2 PE ADMINRATE $246 $210 $168 $153 $210 $175 $168 $72CONSTRUCTION ENGINEERING3.1 Contract Administration 2 33 - 20 - - - - 55 10,482$ 3.2 Construction Layout and Record Drawings - 1 - 2 - 29 19 - 51 8,783$ 3.3 Observation and Documentation 2 10 - 426 - - - 3 441 67,986$ Construction Engineering Subtotal: 4 44 - 448 - 29 19 3 547 87,251$ 4 44 - 448 - 29 19 3 547 87,251 AssumptionsDIRECT EXPENSESRE on site for 40 days at 10 hours/dayPrinting/Scanning = 150$ Vehicle = 2,600$ Railroad Permitting = 5,000$ -$ DIRECT EXPENSES = 7,750$ LABOR SUMMARYEEI Labor Expenses = 78,984$ Surveying Expenses = 8,267$ Drafting Expenses = -$ TOTAL LABOR EXPENSES87,251$ TOTAL COSTS 95,001$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:KDWCOSTTASK NO.TASK DESCRIPTIONHOURS ATTACHMENT D: ESTIMATED SCHEDULECLIENT United City of YorkvillePROJECT TITLESouthern Sanitary Sewer Connection123412341234123412341234CONSTRUCTION ENGINEERING3.1 Contract Administration3.2 Construction Layout and Record Drawings3.3 Observation and Documentation - Water Main 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTIONJanuary February MarchPROJECT NUMBERDATEYO2321-PMay12/6/2024PREPARED BYKDW2025JuneApril FAXONALANDALEALAN DALE BEECHERFAXONEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.conATTACHMENT ELOCATION MAPDATE:DECEMBER 2024United City of Yorkville651 Prairie Pointe Drive Yorkville, IL 60560http://www.yorkville.il.usSOUTHERN SANITARYSEWER CONNECTIONUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO2321PATH:H:/GIS/PUBLIC/YORKVILLE/2023/FILE:YO2321- Attachment EPROPOSED 12" SEWER 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 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 #8 Tracking Number PW 2024-108 2024 Sanitary Sewer Lining Improvements – Contract Award and Change Order No. 1 City Council – January 14, 2025 PW – 12/17/24 Moved forward to City Council agenda. PW 2024-108 Majority Recommendation of Contract Award and Consideration of Change Order No. 1 Please see the attached memo. Brad Sanderson Engineering Name Department Bids were received, opened, and tabulated for work to be done on the 2024 Sanitary Sewer Lining Improvements at 11:00 a.m., December 3, 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. The low bid was above our engineer’s estimate and above the FY25 budget. This was anticipated, with the intent to adjust quantities prior to construction to maximize the amount of work performed within the budget. We have adjusted the scope with a suggested change order in consultation with Public Works prioritizing the sewers in the worst condition. Therefore, we recommend the acceptance of the bid and approval of award be made to the low bidder, Insituform Technologies, 11948 Longmont Dr., Maryland Heights, MO 63043 in the total amount of $522,036.76. Additionally, we recommend the approval of Change Order No. 1, which will decrease the contract value by $134,561.40 for a total value of $387,475.36. This project will be coded out of the Sewer Main Replacement Program (52-520-60-00-6025) in the Sewer Fund, which is currently budgeted at $390,000. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Rob Fredrickson, Finance Director Jori Behland, City Clerk Date: December 17, 2024 Subject: 2024 Sanitary Sewer Lining Improvements Resolution No. 2025-____ Page 1 Resolution No. 2025-______ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A BID TO CONSTRUCT SANITARY SEWER LINING IMPROVEMENTS 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, certain sanitary sewers within the City require improvement and rehabilitation, including the installation of lining along the interior of sanitary sewer pipes; and WHEREAS, in compliance with all applicable Illinois laws, bids were accepted to construct 2024 Sanitary Sewer Lining Improvements, and a public bid opening was held at 11:00 a.m. on December 3, 2024; and WHEREAS, the City’s engineers and staff find that the lowest responsible bidder Insituform Technologies, 11948 Longmont Drive, Maryland Heights, Missouri 63043 (“Insituform”), with a total bid amount of $522,036.76 (the “Project Cost”); and WHEREAS, it has been recommended to the Corporate Authorities that the bid by Insituform be accepted. 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. The Corporate Authorities hereby find and declare that a bid by Insituform Technologies, 11948 Longmont Drive, Maryland Heights, Missouri 63043, to construct the 2024 Sanitary Sewer Lining Improvements project at a cost of $522,036.76 is the lowest responsible Resolution No. 2025-____ Page 2 bid, and therefore accept the bid. Section 3. That this resolution shall be in full force and effect from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK BID TABULATION 2024 SANITARY SEWER LINING IMPROVMEMENTSUNITED CITY OF YORKVILLEBIDS RECD 12/3/2024ITEMUNIT UNIT UNIT UNIT UNITNO.DESCRIPTIONUNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT1 CURED -IN-PLACE HEAT CURED PIPE LINING, 8-INCH FOOT 1,585 32.61$ 51,686.85$ 47.27$ 74,922.95$ 56.00$ 88,760.00$ 47.00$ 74,495.00$ 42.00$ 66,570.00$ 2 CURED-IN-PLACE HEAT CURED PIPE LINING, 12-INCH FOOT 2,148 68.36$ 146,837.28$ 56.21$ 120,739.08$ 70.00$ 150,360.00$ 61.00$ 131,028.00$ 57.00$ 122,436.00$ 3 CURED-IN-PLACE HEAT CURED PIPE LINING, 15-INCH FOOT 2,353 64.71$ 152,262.63$ 81.00$ 190,593.00$ 80.00$ 188,240.00$ 82.00$ 192,946.00$ 73.00$ 171,769.00$ 4 POINT REPAIR, 8-INCH EACH 1 19,250.00$ 19,250.00$ 20,125.00$ 20,125.00$ 21,000.00$ 21,000.00$ 13,650.00$ 13,650.00$ 13,500.00$ 13,500.00$ 5 GROUT JOINTS EACH 15 3,275.00$ 49,125.00$ 900.00$ 13,500.00$ 1,240.00$ 18,600.00$ 1.00$ 15.00$ 670.00$ 10,050.00$ 6 HEAVY CLEANING FOOT 500 7.50$ 3,750.00$ 10.00$ 5,000.00$ 14.00$ 7,000.00$ 8.00$ 4,000.00$ 6.00$ 3,000.00$ 7 BYPASS PUMPING LSUM 1 1,000.00$ 1,000.00$ 30,000.00$ 30,000.00$ 2,000.00$ 2,000.00$ 48,000.00$ 48,000.00$ 10,000.00$ 10,000.00$ 8 TYPE A SANITARY MANHOLE, 4' DIA, TYPE 1 FR, CL EACH 4 12,650.00$ 50,600.00$ 13,225.00$ 52,900.00$ 13,225.00$ 52,900.00$ 20,017.00$ 80,068.00$ 8,500.00$ 34,000.00$ 9 ADDITIONAL DEPTH MANHOLE FOOT 5 55.00$ 275.00$ 57.50$ 287.50$ 60.00$ 300.00$ 485.00$ 2,425.00$ 200.00$ 1,000.00$ 10 CALLSS "D" PATCH, 4-INCH SQ YD 30 275.00$ 8,250.00$ 287.50$ 8,625.00$ 295.00$ 8,850.00$ 65.00$ 1,950.00$ 100.00$ 3,000.00$ 11RAILROAD INSURANCE LSUM1 4,000.00$ 4,000.00$ 7,500.00$ 7,500.00$ 5,000.00$ 5,000.00$ 5,250.00$ 5,250.00$ 5,000.00$ 5,000.00$ 12 TRAFFIC CONTROL AND PROTECTION LSUM 1 10,000.00$ 10,000.00$ 20,000.00$ 20,000.00$ 5,000.00$ 5,000.00$ 15,000.00$ 15,000.00$ 7,000.00$ 7,000.00$ 13RAILROAD FLAGGER ALLOWANCE DOLLAR5,000 1.00$ 5,000.00$ 1.00$ 5,000.00$ 1.00$ 5,000.00$ 1.00$ 5,000.00$ 1.00$ 5,000.00$ 14 ALLOWANCE - ITEMS ORDERED BY ENGINEER DOLLAR 20,000 1.00$ 20,000.00$ 1.00$ 20,000.00$ 1.00$ 20,000.00$ 1.00$ 20,000.00$ 1.00$ 20,000.00$ BASE BID TOTAL 522,036.76$ 569,192.53$ 573,010.00$ 593,827.00$ 472,325.00$ ABOVE/BELOW ENGINEERS ESTIMATE10.52% 20.51% 21.32% 25.72% -CORRECTED NUMBERS FROM BID11948 Longmont Dr.BID TABULATIONPerformance Pipelining, Inc.National Power Rodding CorpInsituform Technologies USA, LLCENGINEER'S ESTIMATEHoerr Construction, Inc. 52 Wheeler RoadSugar Grove, IL 60554Ottawa, IL 61350Chicago, IL 60612-4108Maryland Heights, MO 630431551 W. Norris Dr.2500 Arthington St. P.O. Box 65Goodfield, IL 61742 ENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS Resolution No. 2025-____ Page 1 Resolution No. 2025-______ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A CHANGE ORDER RELATING TO THE 2024 SANITARY SEWER LINING IMPROVEMENTS PROJECT 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 has approved a contract in the amount of $522,036.76 with Insituform Technologies, 11948 Longmont Drive, Maryland Heights, Missouri 63043 (“Insituform”), for a project commonly known as the 2024 Sanitary Sewer Lining Improvements, the price of which has decreased from the original contract amount in the amount of $134,561.40 (the “Change Order”) due to the amount budgeted for this project being $390,000 causing a necessary decrease in the scope of the project and amount of sewer lines to be rehabilitated; and WHEREAS, all change orders must meet the required findings that circumstances necessitating the change were not reasonably foreseeable at the time the contract was signed; or the change is germane to the original contract as signed; or the Change Order is in the best interest of the City as required by Section 33E-9 of the Illinois Criminal Code (720 ILCS 5/33E-9); and WHEREAS, it has been recommended to the Mayor and City Council (the “Corporate Authorities”) that a Change Order decreasing the total contract price to the amount of $387,475.36 is necessary, as set forth in the proposal from Insituform. 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. Resolution No. 2025-____ Page 2 Section 2. The Corporate Authorities hereby find and declare that the Change Order to the 2024 Sewer Lining Improvements project with Insituform Technologies, which results in a total decrease of $134,561.40, is required and that such decrease is in the best interests of the City and is authorized by law. Section 3. The Change Order is hereby approved, and the City Administrator is authorized to execute the Change Order as hereinabove identified. Section 4. That this resolution shall be in full force and effect from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: Resolution No. 2025-____ Page 3 ______________________________ CITY CLERK L:\Agendas - Packets\Packets\2024 Packets\Public Works\12-17-24\2024 Sanitary Sewer Lining - Contract Award & Change Order 1\4. Change Order 1.doc CHANGE ORDER Order No. 1 Date: December 10, 2024 Agreement Date: N/A NAME OF PROJECT: 2024 Sanitary Sewer Lining Improvements OWNER: United City of Yorkville CONTRACTOR: Insituform Technologies The following changes are hereby made to the CONTRACT DOCUMENTS: 1) See attached detail ($134,561.40) Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 522,036.76 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 522,036.76 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by: $ _134,561.40 The new CONTRACT PRICE including this CHANGE ORDER will be $ 387,475.36 Justification: 1) The bid value of the contract exceeded the budgeted value for sanitary sewer lining improvements. The scope was adjusted to fall under the budgeted construction value, prioritizing the lines in the worst condition. The anticipated value of the improvements eliminated is $134,561.40. Change to CONTRACT TIME: The contract time is increased/decreased by 0 days. Requested by: _ __Insituform Technologies. Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville_ ITEMUNIT BID BID ADJUSTED AWARDNO.DESCRIPTIONUNIT PRICE QUANTITY AMOUNT QUANTITY AMOUNT1 CURED -IN-PLACE HEAT CURED PIPE LINING, 8-INCH FOOT 32.61$ 1,585 51,686.85$ 865 28,207.65$ 2 CURED-IN-PLACE HEAT CURED PIPE LINING, 12-INCH FOOT 68.36$ 2,148 146,837.28$ 1,878 128,380.08$ 3 CURED-IN-PLACE HEAT CURED PIPE LINING, 15-INCH FOOT 64.71$ 2,353 152,262.63$ 2,353 152,262.63$ 4 POINT REPAIR, 8-INCH EACH 19,250.00$ 1 19,250.00$ 1 19,250.00$ 5 GROUT JOINTS EACH 3,275.00$ 15 49,125.00$ 5 16,375.00$ 6 HEAVY CLEANING FOOT 7.50$ 500 3,750.00$ 500 3,750.00$ 7 BYPASS PUMPING LSUM 1,000.00$ 1 1,000.00$ 1 1,000.00$ 8 TYPE A SANITARY MANHOLE, 4' DIA, TYPE 1 FR, CL EACH 12,650.00$ 4 50,600.00$ 0 -$ 9 ADDITIONAL DEPTH MANHOLE FOOT 55.00$ 5 275.00$ 0 -$ 10 CALLSS "D" PATCH, 4-INCH SQ YD 275.00$ 30 8,250.00$ 30 8,250.00$ 11 RAILROAD INSURANCE LSUM 4,000.00$ 1 4,000.00$ 0 -$ 12 TRAFFIC CONTROL AND PROTECTION LSUM 10,000.00$ 1 10,000.00$ 1 10,000.00$ 13 RAILROAD FLAGGER ALLOWANCE DOLLAR 1.00$ 5,000 5,000.00$ 0 -$ 14 ALLOWANCE - ITEMS ORDERED BY ENGINEER DOLLAR 1.00$ 20,000 20,000.00$ 20,000 20,000.00$ 522,036.76$ 387,475.36$ TOTAL2024 SANITARY SEWER LINING IMPROVEMENTSQUANTITY ADJUSTMENTS - CHANGE ORDER NO. 1ENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS 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 #9 Tracking Number PW 2024-109 2024 Sanitary Sewer Lining – Design and Construction Engineering Agreement City Council – January 14, 2025 PW – 12/17/24 Moved forward to City Council agenda. PW 2024-109 Majority Consideration of Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a design and construction engineering agreement with EEI to cover the 2024 sanitary sewer lining projects. Background This item was last discussed by the City Council in Spring 2024 when the City Council approved the FY 25 budget which includes $440,000 in FY 2025 for sanitary sewer replacement. Since then, the staff have bid out the sanitary sewer lining project for 2024 (separate agenda item) and EEI has prepared a design and construction engineering agreement to cover the work to be completed next Summer. The EEI proposal for design and construction engineering is for a fixed fee amount of $16,074 (design) and a fee based on hourly rates estimated at $18,280 in total (construction). These costs are included in the FY 25 and FY 26 budget. Recommendation Staff recommends approval of the design and construction engineering agreement with EEI covering the 2024 sanitary sewer lining program. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 12, 2024 Subject: 2024 Sanitary sewer lining – design and construction engineering Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES, INC. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality duly organized and validly existing in accordance with the Constitution of the State of Illinois and the laws of this State; and WHEREAS, the City’s Public Works Department plans to install a lining along the interior of certain sanitary sewer pipes (the “Project”); and WHEREAS, completion of the Project will require engineering services conducted by an outside engineering firm; and WHEREAS, Engineering Enterprises, Inc., of Sugar Grove, Illinois (“EEI”), has prepared an agreement between EEI and the City for engineering services related to the Project (the “Agreement”), said Agreement being attached hereto as Exhibit A; and WHEREAS, EEI has provided engineering services for various projects completed by the City, and the City administration has found that EEI is a qualified and experienced engineering firm; and WHEREAS, the City administration recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the “Corporate Authorities”) of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby authorized to execute an Agreement for Professional Services – 2024 Sanitary Sewer Lining, Design and Construction Engineering, Resolution No. 2025-____ Page 2 attached hereto as Exhibit A. Section 3. This Resolution shall be in full force and effect from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ___________________________________ CITY CLERK UNITED CITY OF YORKVILLE 2024 SANITARY SEWER LINING DESIGN AND CONSTRUCTION ENGINEERING PAGE 1 Agreement for Professional Services 2024 Sanitary Sewer Lining, Design and Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment, and expertise to make the necessary investigations, analysis, and calculations along with exhibits, cost estimates, and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Design and construction engineering will be provided for approximately 5,100 linear feet of sanitary sewer lining in various locations in the City (see Attachment E for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: 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 B. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $16,074. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $18,280. The hourly rates for this project are shown in the attached 2024 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, Contractor, 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 UNITED CITY OF YORKVILLE 2024 SANITARY SEWER LINING DESIGN AND CONSTRUCTION ENGINEERING PAGE 2 E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kane 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). UNITED CITY OF YORKVILLE 2024 SANITARY SEWER LINING DESIGN AND CONSTRUCTION ENGINEERING PAGE 3 Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment 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 UNITED CITY OF YORKVILLE 2024 SANITARY SEWER LINING DESIGN AND CONSTRUCTION ENGINEERING PAGE 4 sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall 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 contractor agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied). 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 UNITED CITY OF YORKVILLE 2024 SANITARY SEWER LINING DESIGN AND CONSTRUCTION ENGINEERING PAGE 5 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: Location Map Attachment F: 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: For the City: For the Contractor: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Point 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 _________, 2025. 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. DECEMBER 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. 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 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 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 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 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 provisio n 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 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 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 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. 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. DECEMBER 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 an y way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, lo ss 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 per sons 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 ENGIN EER 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 su ch 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 SANITARY SEWER LINING, DESIGN AND CONSTRUCTION ENGINEERING PAGE 1 2024 Sanitary Sewer Lining United City of Yorkville, IL Professional Services Agreement - Design and Construction Engineering Attachment B – Scope of Services DESIGN ENGINEERING – 2024 Sanitary Sewer Lining 2.1 Project Management and Administration • Management of Personnel and the Engineering Contract • Coordination with the City • Coordinate Televising of Sewer and Review of Existing Conditions 2.2 Project Meetings • Project Kick-Off Meeting Between the City and EEI 2.3 Bid Package, Specifications and Estimates • Preparation of 50% Specifications • Preparation of 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions. 2.4 Bidding and Contracting • 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 • Prepare Bid Tab, Bid Summary, and Recommendation of Award • Execute Contract Documents Our proposed scope of services for Construction Engineering will include the following: 3.1 Construction Administration • Prepare for, Attend and Facilitate the Preconstruction Meeting with the Contractor Including Preparation of Meeting Minutes • Shop Drawing Review • Prepare and Handout Construction Notice Flyers to Residents • Coordinate with City Services (Garbage, Mail, Etc.) • Prepare Pay Estimates and Change Orders • Gather Invoices and Waivers of Lien • Provide Weekly Updates to City or as Required Based on Onsite Activities 3.2 Construction Observation and Documentation • Provide Resident Engineering Services for Construction • Provide Quantity Tracking, Documentation and Daily Field Reports • Perform Punch Walks, Prepare Punch List Letters and Provide Follow Up Inspections and Recommend Acceptance When Appropriate (2 Each) • Prepare Project Closeout Paperwork The above scope for “2024 Sanitary Sewer Lining” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT United City of Yorkville PROJECT TITLE PREPARED BY 2024 Sanitary Sewer Lining ROLE PIC PM SPT 2 PE SPM SPT 2 PT SPT 2 SPT 1 ADMIN RATE $246 $210 $175 $168 $234 $175 $153 $175 $164 $72 DESIGN ENGINEERING 2.1 Project Management and Administration - 6 - 4 - - - - - - 10 1,932$ 2.2 Project Meetings 2 2 - 4 - - - - - - 8 1,584$ 2.3 Bid Package, Specifications and Estimates - 7 - 24 - - - - - - 31 5,502$ 2.4 Bidding and Contracting - 12 - 24 - - - - - 7 43 7,056$ Insert Task Subtotal:2 27 - 56 - - - - - 7 - 92 16,074$ CONSTRUCTION ENGINEERING 3.1 Construction Administration 2 14 20 - - - - - - 2 38 7,076$ 3.2 Observation and Documentation - 6 56 - - - - - - 2 64 11,204$ Insert Task Subtotal:2 20 76 - - - - - - 4 - 102 18,280$ 2 27 - 56 - - - - - 7 - 92 34,354 DIRECT EXPENSES Vehicle Charges = 650$ Cleaning & Televising = -$ DIRECT EXPENSES =650$ LABOR SUMMARY EEI Labor Expenses = 34,354$ TOTAL LABOR EXPENSES 34,354$ TOTAL COSTS 35,004$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: KDW COSTTASK NO.TASK DESCRIPTION HOURS ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2450-P PROJECT TITLE DATE PREPARED BY 2024 Sanitary Sewer Lining KDW SEPT OCT NOV DEC JAN FEB MAR APR MAY DESIGN ENGINEERING 2.1 Project Management and Administration 2.2 Project Meetings 2.3 Bid Package, Specifications and Estimates 2.4 Bidding and Contracting CONSTRUCTION ENGINEERING 3.1 Construction Administration 3.2 Observation and Documentation 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION 12/10/24 20252024 ELIZABETH FOXBO R O ROUTE 47SC H O O L H O U S E RO U T E 126 BADGERNORWAY WALSHKINGHYDRAULICCHURCH BURNING BUSH SPICEBUSH MADISONBRIDGERIVER BIRCH MORGANMAINJEFFERSONRIDGE BELLADAMSCOLTONBLAINE FOX VAN EMMON STATEWASHINGTON DOLPH 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SM_02203 SM_02204 SM_02205 SM_02220 SM_02221 SM_02222 SM_02223 SM_02224 SM_02225 SM_02226 SM_02227 SM_02228 SM_02229 SM_02230 SM_02231SM_02232 SM_02233 SM_02234 SM_02235 SM_02236 SM_02237 SM_02238 SM_02239 SM_02298 SM_02299 SM_02578 SM_02579 SM_02580 SM_02581 SM_02582SM_02583 SM_02584 SM_02655 SM_02656 SM_02657 SM_02658 SM_02659 SM_02660 SM_02666 SM_02667 SM_02668 SM_02669 SM_02744 SM_02745 SM_02747 SM_02748 SM_02749 SM_02751SM_02752 SM_02828SM_02830 SM_03143SM_03144 SM_03145 SM_03146 SM_03147 SM_03148 SM_03149 SM_03150 SM_03151 SM_03192 SM_03195 SM_03196 SM_03304 SM_03307 SM_03308 SM_03328 SM_03329 SM_03330 SM_03331 SM_03332 SM_03333 SM_03334 SM_03335 SM_03336 SM_03339 SM_03388 Copyright nearmap 2015 Engineering Enterprises 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: NO.REVISIONS ³ 0 800400 Feet H:\GIS\Public\Yorkville\2024\YO2412\YO2412_Repair Recommendations Locations Overview\YO2412_Repair RecommendationsLocations Overview.aprx YO2412_Repair Recommendations Locations Overview 651 Prairie Pointe Drive Yorkville, IL 60560 United City of Yorkville Sanitary Force Main Main Recommended for Lining Sanitary Manholes Sanitary Sewer Main SANITARY SEWER LINING 1,740 FT, 12" SANITARY SEWER LINING 2,257 FT, 15" SANITARY SEWER LINING 150 FT, 12" SANITARY SEWER LINING 865 FT, 8" DECEMBER 2024 YO2450 MJT 2024 SANITARY SEWER LINING ATTACHMENT E LOCATION MAP 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 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: At the 2/13/24 City Council meeting, a resolution was passed and the contract with Kluber for the design of the new Public Works facility was approved. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #10 Tracking Number PW 2024-111 Kluber Contract Amendment – Building Expansion City Council – January 14, 2025 PW – 12/17/24 Moved forward to City Council agenda. PW 2024-111 Majority Consideration of Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a contract amendment with Kluber to cover the increased scope and size of the Public Works and Parks Maintenance Facility. Background The City Council last discussed this in February 2024, when a formal architectural design agreement was approved with Kluber for the Public Works and Parks Maintenance Facility at a total basic services fee of $1,362,400. Since that meeting, the City has expanded the footprint of the building from 87,000 s.f. to 116,311 s.f. by adding rooms, expanding spaces, and reorienting the building. All of these changes came about from City Council and staff tours of the South Elgin and Montgomery Public Works Facility. While the staff described the February 2024 contract approval as a flat fee that would not change, the nuance to the statement is that the fee would not have changed should the building scope and size remained relatively similar nor would it have changed had the bid price been higher or lower than estimates. Changes in scope and size of the building are contemplated within the agreement to cause a contract amendment to cover Kluber’s workload, and I feel a 33% increase in building size between February 2024 and current fits that practice. For example, we have information that similar mid-contract increases in scope and contract price occurred in Aurora (from $1.8m to $2m) and Carol Stream (from $45k to $287k), and somewhat similar contract price changes occurred in Woodridge and Hampshire (both utilized a slightly different contract model). The base services contract price increase from Kluber is proposed to be $1.671m, up from $1.362m which is a 22% increase and less than the 33% increase in square footage of the building. This has the effect of lowering the percentage of the overall project dedicated to basic services architect fees previously in the 6.2% to 6.6% range, now down to 5.6% to 6.0%. As a reminder, there are roughly $167,760 in supplementary services in the contract that are not included in the previously mentioned figures, and these supplementary services are not proposed to change as part of this contract amendment. These basic services numbers are still in line with industry averages and keep us within most recent budget estimates for the project. Further, no City budget amendment is needed to cover this increased cost. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 12, 2024 Subject: Kluber contract amendment, building expansion Recommendation Staff recommends approval of the contract amendment with Kluber to cover the increased size and scope of the Public Works and Parks Maintenance Facility. Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT TO AN AGREEMENT WITH KLUBER, INC. FOR THE DESIGN OF A PUBLIC WORKS FACILITY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS, the City has acquired certain property commonly known as Lot 4 of the Yorkville Business Center on Boombah Boulevard for the purpose of constructing a public works facility (the “PW Facility”); and WHEREAS, to design the new PW Facility, the City, after considering various proposals from architectural firms with which it had worked in the past, determined that Kluber, Inc. of Aurora, Illinois has the expertise necessary to undertake this project and approved the AIA Document B133-2019, Standard Form of Agreement between the Architect and City with Kluber, Inc on February 13, 2024.; and WHEREAS, due to several changes to the Schematic Design submitted by Kluber, Inc., the estimated cost of the PW Facility increased from $20,000,000 to approximately $29,000,000 thereby requiring an adjustment to Kluber’s compensation as provided in the AIA Document G802-2017, Amendment to the Professional Services Agreement attached hereto; and, WHEREAS, the Mayor and City Council have reviewed the compensation adjustment and find it to be reasonable as the increase has been the result of many changes and a substantial increase in the size of the PW Facility, all as hereinafter provided. Resolution No. 2025-____ Page 2 NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the AIA Document, being a Standard Form of Amendment to the Professional Services Agreement, by and between the United City of Yorkville and Kluber, Inc. attached hereto and made a part hereof by this reference is hereby approved and the Mayor is hereby authorized to execute said Agreement on behalf of the United City of Yorkville. Section 2. That this Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Resolution No. 2025-____ Page 3 Attest: ______________________________ CITY CLERK Resolution No.2024-09 A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING AN AGREEMENT WITH KLUBER,INC.FOR THE DESIGN OF A PUBLIC WORKS FACILITY WHEREAS,the United City of Yorkville,Kendall County,Illinois(the"City")is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS,the City has acquired property commonly known as Lot 4 of the Yorkville Business Center on Boombah Boulevard for the purpose of constructing an 87,000 square foot public works facility the"PW Facility"); and WHEREAS,to design the new PW Facility,the City considered receiving various proposals from architectural firms with which it worked in the past and upon due consideration determined that Kluber Inc. of Aurora, Illinois has the expertise necessary to undertake this project; and WHEREAS, after discussion and review of the Schematic Design submitted by Kluber, Inc., the City Administrator, City Engineer and the City Public Works Director are prepared to recommend that the Mayor and City Council approve the Agreement with Kluber, Inc. in the form attached hereto. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois as follows: Section 1. That the AIA Document 8133-209,being a standard form of Agreement Between Owner and Architect,by and between the United City of Yorkville and Kluber,Inc. attached hereto and made a part hereof by this reference is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the United City of Yorkville. Section 2. That this Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this 13th day of February,A.D. 2024. ITY LERK Resolution No. 2024-09 Page 1 KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS NAY RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this UQT day of F-e br ion A.D. 2024. MAYOR Attest: CIT CLERK Resolution No. 2024-09 Page 2 V. `. 111 IA Document B1336 - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the day of February in the year Two Thousand Twenty-Four In words, indicate day,month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its Name,legal status,address,and other information) completion.The author may also have revised the text of the original United City of Yorkville AIA standard form.An Additions and 651 Prairie Pointe Drive Deletions Report that notes added Yorkville,Illinois 60560 information as well as revisions to the standard form text is available from the author and should be reviewed.A and the Architect:vertical line in the left margin of this Name,legal status,address,and other i formation) document indicates where the author has added necessary information Kluber,Inc. and where the author has added to or 41 W.Benton Street deleted from the original AIA text. Aurora,IL 60506 This document has Important legal consequences.Consultation with an attorney is encouraged with respect for the following Project:to its completion or modification. Name,location,and detailed description) This document is intended to be used 1370—United City of Yorkville—New Public Works Facility in conjunction with AIA DocumentsA20120171m,General Conditions of the Contract for Construction; A133-20191'4 Standard Form of Agreement Between Owner and The Construction Manager(if known): Construction Manager as Name,legal status,address,and other information) Constructor where the basis of payment is the Cost of the Work Plus To be determined. Not selected at the time of this Agreement. a Fee with a Guaranteed Maximum Price;and A134-201914"Standard The Owner and Architect agree as follows. Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.AIA Document A201 TM2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document B133-2019.Copyright CI2014,and 2019.All rights reserved.'The American InstituteofArchitects,`AmericanInstituteofArchlmcts,'AIA.'theAIA Logo,and`AIA Contract Documents`are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,a-malt doolnfoCatacontracts.com. User Notes: 1901492567) 1 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. For each item in this section, insert the in formation or a statement such as"not applicable"or"unknown at time of execution.') 1.1.1 The Owner's program for the Project: insert the Owner's program,identfy documentation that establishes the Owner's program, or state the manner in which the program will be developed.) The Program and limited Schematic Design deliverable has been completed by Kluber,Inc.titled'Yorkville Maintenance Facility'dated November 14,2022. 1.1.2 The Project's physical characteristics: dentl or describe pertinent information about the Project's physical characteristics,such as size;location; dimensions;geolechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability ofpublic and privale utilities and services;legal description of the site,etc.) The proposed facility as presented in§1.1..1 above is approximately 87,000 square feet on Lot 4 of the Yorkville Business Center of Boombah Boulevard. A follow-up meeting with the Owner on October 17,2023,it was determined to progress into the full Schematic Design Phase to simplify the building footprint and possibly reduce the overall square footage in order to reduce the budget for the Cost of the Work. 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: Provide total and, if known,a line item breakdown.) Architect's preliminary assumption(with site development)is twenty million dollars.($20,000,00000).This budget will be used for Architect's preliminary fee calculations for the Stipulated Sum for Basic Services noted in§11.1.1.The compensation for Basic Services will be reviewed and finalized at the end of the Schematic Design Phase and adjusted(if required)as mutually agreed between Owner and Architect. hilt. AIA Document B133—2019.Copyright°2014,and 2019.Alt rights reserved."The American Institute of Architects,'American Institute of Archtects,'AtA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 2OrderNo.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail docinfo alacontracts.com. User Notes: 1901492587) 1.1.4 The Owner's anticipated design and construction milestone dates: 1 Design phase milestone dates,if any: Schematic Design:March 2024 Design Development:May 2024 Construction Documents:July 2024 Procurement:July/August 2024 2 Construction commencement date: September 2024 3 Substantial Completion date or dates: July 2025,to be confirmed by Owner and Construction Manager. 4 Other milestone dates: 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: Indicate agreement type) X ] AIA Document A133-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. AIA Document A134-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price. 1.1.6 The Owner's requirements for accelerated or fast-track design and construction,or phased construction are set forth below: List number and type ofbid/procurement packages.) fl Not anticipated. d+ 1.1.7 The Owner's anticipated Sustainable Objective for the Project: Idetuifr and describe the Owner's Sustainable Objective for the Project, if any.) None 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Architect shall complete and incorporate AIA Document E23413L-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,into this Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective.If E234-2019 is incorporated into this Agreement,the Owner and Architect shall incorporate the completed E234-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: List name,address,and other contact information.) Bart Olson City Administrator United City of Yorkville AIA Document 8133-2019.CopyrightO2014,and 2019.All rights reserved.`The American Institute ofArchltects,`American Institute of Architects,'AIA,'the AlAhiltLogo,and'MA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 3OrderNo.4104246146 which expires on 09/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfoOalacontracts.com. User Notes: 1901492567) 651 Prairie Pointe Drive Yorkville,IL 60560 1.19 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: List name,address,and other contact information.) None 1.1.10 The Owner shall retain the following consultants and contractors: List name,legal status,address,and other contact itformation) 1 Construction Manager: The Construction Manager is identified on the cover page.Ifa Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention.lithe Architect is to assist the Owner in selecting the Construction Manager,complete Section 4.1.1.1) To be determined. 2 Land Surveyor: Engineering Enterprises,Inc. 52 Wheeler Road Sugar Grove,IL 60554 3 Geotechnical Engineer: Contracted through Engineering Enterprises,Inc. Rubino Engineering,Inc. 425 Shepard Drive Elgin,IL 60123 4 Civil Engineer: Engineering Enterprises,Inc.(Civil Engineering&Landscape Design) 52 Wheeler Road Sugar Grove,IL 60554 5 Other consultants and contractors: List any other consultants and contractors retained by the Owner:) Construction Material Testing(To be determined). 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: List name,address,and other contact information) Chris Hansen,MA Project Manager Kluber,Inc. 41 W.Benton Street Aurora,IL 60506 trait. NA Document 8133-2019.CopyrightO2014,and 2019.All rights reserved."The American Institute of Archhects,"American Institute of Architects;'AIA;theAlA Logo,and AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 4 Order No.4104245145 which expires on 0910912024,is not for resale,is licensed for one-time use only,and may only be used ht accordance with the NA Contract Documents°Terns Of Service.To report copyright violations,e-mail docnfoOaiaconiracts.com. User Notes: 1901492587) 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: List name,legal status,address,and other contact i/formation) 1.1.12.1 Consultants retained under Basic Services: 1 Structural Engineer: Jeffrey Bruns Kluber,Inc. 41 W.Benton Street Aurora,IL 60506 2 Mechanical Engineer: Donald Ware Kluber,Inc. 41 W.Benton Street Aurora,IL 60506 3 Electrical Engineer: Michael Kluber Kluber,Inc. 41 W.Benton Street Aurora,IL 60506 1.1.12.2 Consultants retained under Supplemental Services: Integrity Environmental Services,Inc(Fuel Station) 1220 Iroquois Avenue,Suite 100 Naperville,IL 60563 Commissioning TBD 1.1.13 Other Initial Information on which the Agreement is based: N/A 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203T"1-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203T61-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Init. AIA Document B133—2019.Copyright®2014,and 2019.All rights reserved.'The American Institute ofArchitects,"American institute of Architects;'AIA;the AlA Logo,and'AIA Contract Documents'are trademarks of The American institute of Architects,This document was produced at 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,Is not for resale,Is licensed for one-time use only,and may only be used In accordance with the MA Contract 5 Documents•Terms of Service.To report copyright violations,e-mail dodnfo@alacontrects.com. User Notes: 1901492587) Document G202Tm-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5.The Architect shall not be responsible for actions taken by the Construction Manager. 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars and Zero Cents ($ 2,000,000.00 )for each occurrence and Four Million Dollars and Zero Cents ($4,000,000.00 )in the aggregate for bodily injury and property damage. 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than One Million Dollars and Zero Cents ($1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. 2.6.4 Workers'Compensation at statutory limits. 2.6.5 Employers'Liability with policy limits not less than One Million Dollars and Zero ($ 1,000,000.00 )each accident, One Million Dollars and Zero ($ 1,000,000.00 )each employee,and One Million Dollars and Zero ($ 1,000,000.00 )policy limit. 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than Two Million Dollars and Zero ($2,000,000.00 )per claim and Five Million Dollars and Zero ($5,000,000.00 )in the aggregate. 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional Init. AIA Document B133—2019.Copyright m 2014,and 2019.All tights reserved.`The American institute of Architects;'American Institute of Architects,'WA,"the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 6 Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AlA Contract Documents*Terms of Service.To report copyright violations,e-mail docinfo®alacontacts.com. User Notes: 1901492567) insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,and electrical engineering services.Services not set forth in this Article 3 are Supplemental or Additional Services. 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. 3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager, and the Owner's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy, completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's review,for the Construction Manager's review,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval, the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. 3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. 3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or Init. AIA Document 8133-2019.Copyright°2014,and 2019.All rights reserved.'The American Institute ofArchitects;'American Institute of Architects,"AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 7 Order No.4104245145 which expires on 09/09/2024.is not for resale,is licensed For one-time use only,and may only be used in accordance with the AIA Contract Documents Terms of Service.To report copyright violations,e-mail docinro@aiacontracts.com. User Notes: 1901492567) procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. 3.2.2 Upon authorization by the Owner,and subject to Section 4.2.1.14,the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. 3,3 Schematic Design Phase Services 3.3.1 The Architect shall review the program,and other information furnished by the Owner and Construction Manager, and shall review laws,codes,and regulations applicable to the Architect's services. 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project. The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents. 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. 3.4 Design Development Phase Services 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Init. AIA Document B133—2019.CopyrightC2014,and 2019.All rights reserved.'The American Institute of Architects,'American Institute of Architects,"AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 8 Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents•Terms of Service.To report copyright violations,e-mail dodnfo@aiacontracts.com. User Notes: 1901492567) Development Documents for the Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. 3.4.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents. 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. 3.5 Construction Documents Phase Services 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications,and may include sample forms. 3.5.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. 3.6 Procurement Phase Services 3.6.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors.Following the Owner's approval of the Construction Documents,the Architect shall assist the Owner and Construction Manager in I)obtaining competitive bids;(2)confirming responsiveness of bids or proposals;(3)determining the successful bid or proposal,if any. Paragraphs deleted) 3.6.2 Competitive Bidding 3.6.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. Paragraph deleted) 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by 1 providing PDF files of the Bidding Documents to the Construction Manager for their distribution to prospective bidders; Init. AIA Document 8133—2019.Copyright®2014,and 2019.All rights reserved.'The American Institute of Architects;`American Institute of Architects,'AIA,the AIA Logo,and AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under a Order No.4104245145 which expires on 09/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfoaraiacontracts,com. User Notes: 1901492567) 2 attend a pre-bid conference for prospective bidders organized and conducted by the Construction Manager; 3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the Construction Manager for the prospective bidders in the form of addenda; and 4 attend the opening of bids organized and conducted by the Construction Manager,Construction Manager to document and distribute the bidding results,as directed by the Owner. 3.6.2.3 If the Bidding Documents permit substitutions,upon the Owner's written authorization,the Architect shall,as an Additional Service,consider requests for substitutions,and prepare and distribute addenda identifying approved substitutions to all prospective bidders. 3.7 Construction Phase Services 3.7.1 General 3.7.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201TM-2017,General Conditions of the Contract for Construction.If the Owner and Construction Manager modify AIA Document A201-2017,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. 3.7.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval.Subject to Section 4.2,and except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. 3.7.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. 3.7.2 Evaluations of the Work Paragraph deleted) 3.7.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. Paragraph deleted) 3.7.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. Init. AIA Document8133-2019.CopyrightO2014,and2019.Allrightsreserved.'TheAmericanInstituteofArchitects,`American Institute of Architects,'AtA the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under j n Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documentso Terms of Service.To report copyright violations,e-mail docinfot alecontracts.com. User Notes: 1801492687) 3.7.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 3.7.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. Paragraph deleted) 3.7.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201 2017,the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. Paragraph deleted) 3.7.3 Certificates for Payment to Construction Manager Paragraph deleted) 3.7.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. 3.7.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(I)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. 3.7.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. Paragraph deleted) 3.7.4 Submittals Paragraph deleted) 3.7.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. 3.7.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Paragraph deleted) 3.7.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the Init. AIA Document B133—2019.Copyright®2014,end 2019.All rights reserved.'The American Institute of Architects, Architects,''AIA,""American Institute of the AIA Logo,and-AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents Terms of Service.To report copyright violations,e-mat docinfo®aiacontracts.com. User Notes: 1901492567) appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. 3.7.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. Paragraphs deleted) 3.7.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. Paragraph deleted) 3.7.5 Changes in the Work Paragraphs deleted) 3.7.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. Paragraphs deleted) 3.7.5.2 The Architect shall maintain records relative to changes in the Work. Paragraph deleted) 3.7.6 Project Completion Paragraph deleted) 3.7.6.1 The Architect shall: 1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; 2 issue Certificates of Substantial Completion; 3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and 4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. 3.7.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. 3.7.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. 3.7.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager: 1)consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. Init. AIA Document B133-2019.Copyright 02014,and 2019.All rights reserved.'The American Institute ofArchitects,'American Institute of Architects,'AIA;theAlA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,is licensed for one-time use only,end may only be used In accordance with the NA Contract Documents,'Terms of Service.To report copyright violations,a-mall doclnroOaiacantracts.com. User Notes: 1901492667) 3.7.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 4.1 Supplemental Services 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description ofservices as an exhibit to this Agreement.) Supplemental Services Responsibility Architect, Owner, or not provided) 4.1.1.1 Assistance with Selection of Construction Manager(Part of Architect Basic Services) 4.1.1.2 Programming(Completed by Architect) Architect 4.1.1.3 Final Update of Preliminary Designs(Part of Basic Architect Services) Row deleted) 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning(Completed by Architect) Architect 4.1.1.7 Building Information Model management responsibilities Not Provided 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Owner 4.1.1.10 Landscape design Owner 4.1.1.11 Architectural interior design Architect 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating(after Schematic Design Phase) Construction Manager 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction(Part of Basic Architect Services) 4.1.1.16 As-designed record drawings(Part of Basic Services) Architect 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants. Architect Limited to as required for the Architect to prepare its Instruments of Service. Row deleted) Init. AIA Document B133—2019.Copyrightd12014,and 2019.All rights reserved.`The American Institute of Architects,'American Institute of Architects,'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 1$Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,a-mat docinfo@alacontracts.com. User Notes: 1901492667) 4.1.1.22 Telecommunications/data design(Limited) Architect 4.1.1.23 Security evaluation and planning Architect 4.1.1.24 Commissioning Architect 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Architect 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided 4.1.1.30 AudioNisual Systems Design Owner 4.1.1.31 Fuel Station Design Architect 4.1.1.32 Site Storage Bin Design Architect 4.1.1.33 Salt Dome Design Architect 4.1.2 Description of Supplemental Services 4.1.2.1 A description of each Supplemental Service identified in Section 4.1,1 as the Architect's responsibility is provided below. Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number ofStandard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services.) 4.1.2.1.1 Programing:Completed by Architect under separate contract. 4.1.2.1.2 Site evaluation and planning:Completed by Architect under separate contract. 4.1.2.1.3 Architectural Interior Design: Preliminary interior design product selections for interior finishes including color options and recommended building placement to Owner for approval. Refine interior design selections based upon initial Owner input. Present final interior design selections to the Owner for formal approval. Document final interior design color selections on the contract documents prior to bidding. Note:Built-in casework design is included for the building as part of Basic Services. 4.1.2.1.4 Architect's Coordination of Owner's Consultants:Coordination of Owner's consultants as required to complete Architect's Instruments of Service.Anticipated to be Owner's civil engineer,landscape designer and geotechnical engineer. 4.1.2.1.5 Telecommunications/Data Systems Design: Design includes interior building communications wiring,jack tenninations,patch panels and associated MDF rack design and specifications. All other"Telecommunications and data equipment"will be provided by others.This includes but is not limited to;routers,servers,switches,UPS units,and phone systems and handsets and desktop/laptop computers. 4.1.2.1.6 Door Control:Security Systems Design: Meet with the Owner to develop physical security objectives for Site Security,Access Control,and Surveillance and identify security measures to meet the identified objectives. Design and develop specifications for physical security systems including Door Access Control and Monitoring, Video Surveillance System and other security systems. Conduct reviews with staff to confirm system performance,parameters,and attributes,along with equipment locations. The design will include the structural cabling system and hardware to support associated security systems. Init. AIA Document B133-2019.Copyright®2014,and 2019.All rights reserved.`The AmericanInstitute ofArchltects,"American Institute ofArchitects.•AIA,the AMA Logo,and'AIA Contract Documents'ere trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 14 Order No.4104245145 which expires on 08/09/2024,is not for resale,is licensed for one-time use only,and may only be used In accordance with the MA Contract Documents Terms of Service.To report copyright violations,e-mail docinfo@alaconarects.com. User Notes: 1901492587) 4.1.2.1.7 Commissioning:Architect will retain Consultant for Commissioning services.Scope TBD. 4.1.2.1.8 Furniture,furnishings,and equipment design:General layout of furniture for purposes of function and connection locations for the office area.Furniture bid package is not included.Owner agrees to purchase from a government purchasing contract and will identify which furniture vender will be assigned to coordinate purchase and design layout with Architect. Permanent garage equipment will be included as part of Basic Services and will be included in the bidding documents.This fixed equipment includes the following equipment: o Fixed lifts o Lubrication and fluid equipment o Wash bay equipment Conduct reviews with staff to confirm system performance,parameters,and attributes,along with equipment locations. The design will include the structured cabling system and hardware to support associated security systems. Design supplementary electrical,technology and structural services for visual/environmental display and other A\V systems 4.1.2.1.9 Fuel Station design:Architect will retain Integrity Environmental Services,Inc.for the fueling station. 4.1.2.1.10 Site material storage bin design:Architect provide design services for the site material storage bins. 4.1.2.1.11 Salt Dome design:Architect will provide performance based specifications for salt dome structure. 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, ifset forth in an exhibit, identifr the exhibit.) None. 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service, the Sustainability Services required in AIA Document E234Tm-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement.The Owner shall compensate the Architect as provided in Section 11.2. 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. 4.2.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: 1 Services necessitated by a change in the Initial Information,previous instructions or recommendations given by the Construction Manager or the Owner,approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner's schedule or budget for Cost of the Work,or bid packages in addition to those listed in Section 1.1.6; 2 Making revisions in Drawings,Specifications,or other documents(as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal,or Control Estimate exceeds the Owner's budget,except where such excess is due to changes initiated by the Architect in scope,capacities of basic systems,or the kinds and quality of materials,finishes,or equipment; 3 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; 4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or(b)contrary to Init. AIA Document B133-2019.Copyright®2014,and 2019.All rights reserved.'The American Institute ofArchltects,' American Institute ofArchitects."AIA,'the NA Logo,and`AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract '5 Documents Terms of Service.To report copyright violations,e-mail docinfo@alacontrects.com. User Notes: 1901492567) requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; 5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; 6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors,or to other Owner-authorized recipients; 7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; 8 Preparation for,and attendance at,a public presentation,meeting or hearing; 9 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; 10 Consultation concerning replacement of Work resulting from fire or other cause during construction;or 11 Assistance to the Initial Decision Maker,if other than the Architect; 12 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; 13 Services necessitated by the Owner's delay in engaging the Construction Manager; 14 Making revisions to the Drawings,Specifications,and other documents resulting from agreed-upon assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate;and 15 Making revisions to the Drawings,Specifications,and other documents resulting from substitutions included in the Guaranteed Maximum Price Amendment or Control Estimate. 4.2.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services,notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If,upon receipt of the Architect's notice,the Owner determines that all or parts of the services are not required,the Owner shall give prompt written notice to the Architect of the Owner's determination.The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice: 1 Reviewing a Construction Manager's submittal out of sequence from the submittal schedule approved by the Architect; 2 Responding to the Construction Manager's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Construction Manager from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information,Construction Manager-prepared coordination drawings,or prior Project correspondence or documentation; 3 Preparing Change Orders,and Construction Change Directives that require evaluation of the Construction Manager's proposals and supporting data,or the preparation or revision of Instruments of Service; 4 Evaluating an extensive number of Claims as the Initial Decision Maker;or 5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent revisions to instruments of Service resulting therefrom. 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: 1 Two (2 )reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager 2 36 (thirty-six )visits to the site by the Architect during construction assuming a construction duration of 18 months. 3 Two (2 )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents 4 Two (2 )inspections for any portion of the Work to determine final completion 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. Intl. AIA Document 8133—2019.Copyright®2014,and 2019.All rights reserved.`The American Institute of Architects,"American Institute of Architects,"AIA,'the AIA Logo,and`AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 00:22:40 ET on 01/12/2024 under 16 Order No.4104245145 which expires on 09109/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail doclnfo@alacontracts.com. User Notes: 1901492567) 4.2.5 If the services covered by this Agreement have not been completed within 24 (twenty-four )months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment;systems;and site requirements. 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks.Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Construction Manager to remove and replace previously installed Work.If the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. 5.6 The Owner shall furnish services of geotechnical engineers,which may include test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. 5.8 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234T"t-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall Init. AIADocumentB133-2019.Copyright©2014,and2019.Allrightsreserved.'TheAmericanInstituteofArchitects,'American Institute of Architects,'AIA.'theAlA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 1 7 Order No.4104245145 which expires on 09/09/2024,Is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail docinforgaiacontracts.com. User Notes: 1901492557) require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. 5.10 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. 5.11 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. 5.13 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. 5.16 Within l5 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE 6 COST OF THE WORK 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager's general conditions costs, overhead,and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager for Preconstruction Phase services;the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service,and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost ofthe Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, Init, AIA Document 9133—2019.CopyrightO 2014.and 2019.All rights reserved.'The American institute of Architects,'American Institute of Architects,'AIA,the AIA Logo,and`AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under a 8 Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents*,Terms of Service.To report copyright violations,e-mail doclnfo@alacontrects.com. User Notes: 1901492567) shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner shall 1 give written approval of an increase in the budget for the Cost of the Work; 2 terminate in accordance with Section 9.5; 3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or 4 implement any other mutually acceptable alternative. 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. 6.7 After incorporation of modifications under Section 6.6,the Architect shall,as an Additional Service,make any required revisions to the Drawings,Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due,pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Construction Manager,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses. The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. Init AtA Document B133-2019.Copyright°2014,and 2019.All rights reserved."The American Institute of Architects.'"American Institute of Architects,'"AlA,"the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract 9 Documentss Terms of Service.To report copyright violations,e-mail docinfo©alacontracts.com. User Notes: 1901492507) 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES 8.1 General 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,including consequential damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys'fees and expenses recoverable under applicable law,including consequential damages,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. Paragraph deleted) 8.2 Mediation 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. 8.12 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: Check the appropriate box.) Arbitration pursuant to Section 8.3 of this Agreement X ] Litigation in a court of competent jurisdiction Other:(Specfjy) Init. AlA Document B133—2019.Copyright SD 2014,and 2019.All rights reserved.'The American Institute of Architects;'American Institute of Architects,''AIA,'the AlA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 20 Order No.4104245145 which expires on 09/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents.Terms of Service.To report copyright violations,e-mail docinfo®alac ontracts.com. User Notes: 1901492587) If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. Paragraphs deleted) 8.3 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'written notice. 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. 9.7 In addition to any amounts paid under Section 9.6,if the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall pay to the Architect the following fees: Set forth below the amount of any termination or licensing fee,or the method for determining any termination or licensing fee.) 1 Termination Fee: None 2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: None 9.8 Except as otherwise expressly provided herein,this Agreement shall terminate one year from the date of Substantial Completion. Init. AIA Document B133-2019.Copyright rD2014,and 2019.All rights reserved.-The American Institute of Architects,'American Institute of Architects.'AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 21 Order No.4104245145 which expires on 09/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the MA Contract Documents'Terms of Service.To report copyright violations,e-mail docinfoetaiacontracts.com. User Notes: 1901492567) 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. 10.2 Terms in this Agreement shall have the same meaning as those in AlA Document A201 2017,General Conditions of the Contract for Construction,except as modified in this Agreement.The term"Contractor"as used in A201 2017 shall mean the Construction Manager. 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. 10.5 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 Architect. 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees, consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement Intt. AIA Document13133—2019.Copyright 0 2014,and 2019.All rights reserved.'The American Institute of Architects,''American institute ofArchltects."AIA,'the AlA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,Is not for resale,Is licensed for one-time use only,and may only be used In accordance with the AIA Contract 22 Document Terms of Service.To report copyright violations,e-mail docinfo(v alacontracts.com. User Notes: 1901492667) shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: 1 Stipulated Sum Insert amount) 1,362,400.00(One million three-hundred sixty-two thousand four hundred dollars)based on the Cost of Work noted(excluding the site improvements)as noted in§1.1.3. Note:This Stipulated Sum includes a$17,600.00 credit for limited Schematic Design Phase services previously completed under separate contract. 2 Percentage Basis Insert percentage value) of the Owner's budget for the Cost of the Work,as calculated in accordance with Section 11.6. 3 Other Describe the method of compensation) 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows: Insert amount of or basisfor,compensation.If necessary,list specific services to which particular methods of compensation apply.) 4.1.1.2 Programming:Completed under separate contract. 4.1.1.6 Site evaluation and planning:Completed under separate contract. 4.1.1.11Architectural Interior Design 17,400.00** 4.1.1.21 Architects coordination of the Owner's 24,450.00** consultants 4.1.1.22 Telecommunications/data design 21,750.00** 4.1.1.23 Security evaluation and planning: 14,790.00** 4.1.1.24 Commissioning(TBD) 25,000.00(Allowance) 4.1.1.27 Furniture,furnishings,and equipment design $13,050.00** 4.1.1.31 Fuel Station design(Integrity Environmental $25,730.00** Services,Inc.) 4.1.1.32 Storage Bin Design 15,750.00** 4.1.1.33 Salt Dome Design(delegated design) 9,750.00** Denotes will be billed in proportion to Basic Services Phases noted in§11.5. 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: Insert amount of or basis for,compensation.) At Architect's hourly billing rates as set forth in§ 11.7 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus fifteen percent(15 %),or as follows: Insert amount of or basis for computing,Architect's consultants'compensation for Supplemental or Additional Services.) Init. AIA Document 13133—2019.Copyright°2014,and 2019.All rights reserved.'The American Institute of Architects;'American Institute of Architects,"AIA.'the AIA Logo,and"AIA Contract Documents"are trademarks of The American institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 23 Order No.4104245145 which expires on 09/09/2024,is not for resale,is licensed for one-time use only,and may only be used In accordance with the AlA Contract t Documents°Terms of Service.To report copyright violations,e-mail docinfoOalacontracts.com. User Notes: 1901492587) 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase Fifteen percent ( 15 %) Design Development Phase Twenty-eight percent ( 28 %) Construction Documents Phase Thirty-six percent ( 36 %) Procurement Phase One 1 Construction Phase Twenty percent ( 20 %) Total Basic Compensation one hundred percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery,multiple bid package process,or Construction Manager as constructor project delivery method,the Architect may be providing its services in multiple Phases simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services,as appropriate. 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. If applicable,attach an exhibit of hourly billing rates or insert them below.) Kluber Architects+Engineers Staff Hourly Rate Principal 225.00 Project Manager 175.00 Project Mechanical Engineer III 165.00 Project Mechanical Engineer II 140.00 I 115.00ProjectMechanicalEngineer Project Electrical Engineer III 165.00 Project Electrical Engineer II 140.00 Project Electrical Engineer I 115.00 Project Structural Engineer III 165.00 Project Structural Engineer ii 140.00 Project Structural Engineer 1 115.00 Project Technologist 165.00 Project Architect III 135.00 Project Architect II 115.00 Project Architect I 95.00 Interior Designer 11I 115.00 Interior Designer II 95.00 Interior Designer I 75.00 Construction Observer 95.00 Senior Project Coordinator 75.00 Project Coordinator 55.00 Mark-up for hourly Projects(indirect costs,OH&P) 20,0% Init AIA Document 8133-2019.Copyright02014,and 2019.All rights reserved.'The Amercan Institute of Architects,"American Institute of Architects,'"AIA,'the AlA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract 24 Documents°Terms of Service.To report copyright violations,e-maU docInfo@alacontracts.com. User Notes: 1901492587) Employee or Category Rate($0.00) 11.8 Compensation for Reimbursable Expenses 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: Paragraphs deleted) 4 Printing,reproductions,plots,and standard form documents; 5 Postage,handling,and delivery; 6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; 7 Renderings,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; 8 If required by the Owner,and with the Owner's prior written approval,the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Zero percent(0.0 %)of the expenses incurred.Estimated to be$4,500.00(excludes Owner's consultants). 11.9 Architect's Insurance.If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6,and for which the Owner shall reimburse the Architect.) 11.10 Payments to the Architect 11.10.1 Initial Payments 11.10.1.1 An initial payment of ($ )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective,an initial payment to the Architect of ($ shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification.The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. 11.10.2 Progress Payments 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's Paragraphs deleted) invoice but in the event no later than as required by statue for governmental entities. 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Include other terms and conditions applicable to this Agreement.) 12.1 Limitation of Liability:Notwithstanding any other provision of this Agreement,and to the fullest extent permitted trait AIA Document 0133-2019.Copyright*2014,and 2019.AU rights reserved.'The American Institute ofArchitects;'American Institute of Architects.`AIA,`the AlA Logo,and`AIA Contract Documents`are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 25 Order No.4104246145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail doclnfoiaiacontracts.com. User Notes: 1901492567) by law,the total liability,in the aggregate,of Klubcr,Inc.'s officers,directors,partners,employees,agents,and Kluber's Consultants,and any of them to Owner/Client and anyone claiming by,through,or under Owner/Client for any and all claims,losses,costs,or damages whatsoever arising out of,resulting from,or in any way related to the Project or the Subagreement from any cause or causes,including but not limited to the negligence,professional errors or omissions, strict liability or breach of contract,or warranty express or implied of Kluber's officers,directors,partners,employees, agents,or Kluber's Consultants,or any of them shall not exceed the total amount of two times fee,excluding reimbursable expenses,up to the and not exceeding the insurance policy limits.The services provided herein are governed solely with regards to permanent building codes only,compliance with OSHA regulations is specifically excluded. ARTICLE 13 SCOPE OF THE AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect 13.2 This Agreement is comprised of the following documents identified below: 1 A IA Document B133T"t--2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition 2 AIA Document E203nt-2013,Building Information Modeling and Digital Data Exhibit,dated as indicated below,if completed,or the following: Insert the dale of the E203-2013 incorporated into this agreement) 3 Exhibits: Check the appropriate box for any exhibits incorporated into this Agreement.) ALA Document E234T _2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition dated as indicated below. Insert the dale of the E234-2019 incolporaled into This agreement) Other Exhibits incorporated into this Agreement: Clearly identify any other exhibits Incorporated into this Agreement,including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) 4 Other documents: List other documents, lfany,forming part of the Agreement) This Agreen t entered into as of the day and year first written above. i itio41.1a1)1. OWNER(Signature)ARCHITECT(Signatu e) John Purcell, Mayor Michael T.Kluber, President Printed name and title) Printed name,title,and license number,jf required) Init. AM Document0133-2019.Copyrlght02014,end2019.Allrightsreserved.'TheAmericanInstituteofArchilects,''AmericanInstituteofArchitects,'AIA,'theAlA logo,and'AlA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 00:22:40 ET on 01/12/2024 underOrderNo.4104246146 which expires on 09/09/2024,Is not for resale,Is licensed for one-lime use only,end may only be used In accordance with the AK Contract 26 Documents°Terms of 8ervlce.To report copyright violations.a-mall docInforigaiaconbacts.com. User Notes: 1001492587) 1 1 Additions and Deletions Report for AIA®Document B133®—2019 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete It,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text Is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and Is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 09:22:40 ET on 01/12/2024. PAGE 1 AGREEMENT made as of the day of February in the year Two Thousand Twenty-Four United City of Yorkville 651 Prairie Pointe Drive Yorkville.Illinois 60560 Kluber,Inc. 41 W.Benton Street Aurora.IL 60506 1370—United City of Yorkville—New Public Works Facility To be determined. Not selected at the time of this Agreement. PAGE 2 The Program and limited Schematic Design deliverable has been completed by Kluber,Inc.titled'Yorkville Maintenance Facility'dated November 14,2022. The proposed facility as presented in§1.1.1 above is approximately 87.000 square feet on Lot 4 of the Yorkville Business Center of Boombah Boulevard. A follow-up meeting with the Owner on October 17,2023.it was determined to progress into the full Schematic Design Phase to simplify the building footprint and possibly reduce the overall square footage in order to reduce the budget for the Cost of the Work. Architect's preliminary assumption(with site developmen)is twenty million dollars,($20.000.00000).This budget will be used for Architect's preliminary fee calculations for the Stipulated Sum for Basic Services noted in 11.1.1.The compensation for Basic Services will be reviewed and finalized at the end of the Schematic Design Phase and adjusted(if required)as mutually agreed between Owner and Architect. PAGE 3 Schematic Design:March 2024 Additions and Deletions Report for AIA Document B133—2019.Copyright 0 2014,and 2019.All rights reserved.'The American Institute of Architects;'American Institute of Architects,'AIA.'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at j09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: 1901492567) Design Development:May 2024 Construction Documents:July 2024 Procurement:July/August 2024 September 2024 July 2025,to be confirmed by Owner and Construction Manager. XJ AIA Document A 133-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. Not anticipated. None Bart Olson City Administrator United City of Yorkville 651 Prairie Pointe Drive Yorkville,IL 60560 PAGE 4 None To be determined. Engineering Enterprises,Inc. 52 Wheeler Road Sugar Grove.IL 60554 Contracted through Engineering Enterprises,Inc. Rubino Engineering,Inc. 425 Shepard Drive Elgin.IL 60123 Engineering Enterprises.Inc.(Civil Engineering&Landscape Design). Additions and Deletions Report for AIA Document B133—2019.Copyright A 2014,and 2019>.All rights reserved.'The American Institute of Architects,"American Institute of Architects,' AIA,"the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 2 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentao Terms of Service.To report copyright violations,e-mail doclnfo®aiacontracts.com. User Notes: 1901492567) 52 Wheeler Road Sugar Grove,IL 60554 Construction Material Testing(To be determined). Chris Hansen.AIA Project Manager Kluber,Inc. 41 W.Benton Street Aurora,IL 60506 PAGE 5 Jeffrey Bruns Kluber,Inc. 41 W.Benton Street Aurora,IL 60506 Donald Ware Kluber,Inc. 41 W.Benton Street Aurora,IL 60506 Michael Kluber Kluber,Inc. 41 W.Benton Street Aurora,IL 60506 Integrity Environmental Services.Inc(Fuel Station) 1220 Iroquois Avenue,Suite 100 Naperville,IL 60563 Commissioning TBD N/A PAGE 6 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars and Zero Cents ($ 2,000,000.00 )for each occurrence and Four Million Dollars and Zero Cents ($4,000.000,00 )in the aggregate for bodily injury and property damage. 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than One Million Dollars and Zero Cents ($1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. Additions and Deletions Report for AIA Document B133—2019.Copyright 0 2014,and 2019>.All rights reserved.'The American Institute of Archtects,'American Institute of Architects;'AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 309:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,Is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfotgaiacontracts.com. User Notes: 1901492567) 2.6.5 Employers'Liability with policy limits not less than One Million Dollars and Zero ($ 1,000,000.00 )each accident, One Million Dollars and Zero ($ 1,000,000.00 )each employee,and One Million Dollars and Zero ($ 1,000,000.00 )policy limit. 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than Two Million Dollars and Zero ($2,000,000,00 )per claim and Five Million Dollars and Zero ($5,000,000.00 )in the aggregate. PAGE 9 G 3.6 Procurement Phase Services The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents,the Architect shall assist the Owner and Construction Manager in(1)obtaining competitive bids;(2)confirming responsiveness of bids or proposals;(31 determining the successful bid or proposal,if any. 3.6.1.1 Th r e-Bra-sensate fer--Payment: 3.6.2 Competitive Bidding 3.6.2.1 3idding Documents shall consist of bidding requirements and proposed Contract Documents. Additions and Deletions Report for AIA Document B133—2019.Copyright 0 2014,and 2019>.All rights reserved.'The American Institute of Architects,'"American Institute of Architects,'"AIA,'the AIA Logo,and`AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced al 4 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents Terms of Service.To report copyright violations,e-mail doolnfo@alacontracts.com. User Notes: 1901492567) We*, 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by 1 providing PDF files of the Bidding Documents to the Construction Manager for their distribution to prospective bidders; 2 attend a pre-bid conference for prospective bidders organized and conducted by the Construction Manager; 3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the Construction Manager for the prospective bidders in the form of addenda;and 4 attend the opening of bids organized and conducted bythe Construction Manager.Construction Manager to document and distribute the bidding results,as directed by the Owner. 3.6.2.3at4FeElffirelimmts-efrthe If the Bidding Documents permit substitutions,upon the Owner's written authorization,the Architect shall,as an Additional Service,consider requests for substitutions,and prepare and distribute addenda identifying approved substitutions to all prospective bidders. 3.7 Construction Phase Services 6 3.7.1 General 3.7.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201TM-2017,General Conditions of the Contract for Construction.If the Owner and Construction Manager modify AIA Document A201-2017.those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement.The term Contractor"as used in A201-2017 shall mean the Construction Manager. 3.7.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval.Subject to Section 4.2,and except as provided in Section 3.6.6.5.the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. 3.7.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means, methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Construction Manger's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. 6 3.7.2 Evaluations of the Work Additions and Deletions Report for AIA Document B133—2019.Copyright02014,and 2019>.All rights reserved.'The American Institute of Architects;'American Institute of Architects,'AIA;the AIA Logo,and'MA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 509:22:40 ET on 01/12/2024 under Order No.4104245145 whkh expires on 09/09/2024,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents.Terms of Service.To report copyright violations,e-mail docinfocaiacontracts.com. User Notes: 1901492567) ti 3.12.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed.and to determine.in general,if the Work observed is being performed in a manner indicating that the Work,when fully, completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the press and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents.(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. 3.7.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable.the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents.whether or not the Work is fabricated, installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager,Subcontractors.suppliers,their agents or employees,or other persons or entities performing portions of the Work. 6 3.7.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. ti 3.7.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of.and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 3.7.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201 2017,the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. S 3.7.3 Certificates for Payment to Construction Manager Additions and Deletions Report for AIA Document 8133-2019.Copyright®2014,and 2019>.All rights reserved,'The American Institute of Architects,'`American Institute of Architects,'"AIA,'the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 6 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail doclnfo®alacontracts.com. User Notes: 1901492567) 3.7.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment.that,to the best of the Architect's knowledge.information and belief,the Work has progressed to thepoint indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to 1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections.(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. 3.7.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(l)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work.(2)reviewed construction means,methods,techniques,sequences or procedures.(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. 3.6.4-Submittals 3.7.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. 3.7.4 Submittals 3.7.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or.in the absence of an approved submittal schedule.with reasonable promptness while allowing sufficient time,in the Architect's professional judgment.to permit adequate review. 3.7.4.2 The Architect shall review and approve,or take other appropriate action upon.the Construction Manager's submittals such as Shop Drawings.Product Data and Samples.but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions.quantities.and installation or performance of equipment or systems.which are the Construction Manager's responsibility.The Architect's review shall not constitute approval of safety precautions or construction means.methods.techniques.sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component, Additions and Deletions Report for MA Document B133-2019.Copyright 2014,and 2019>.All rights reserved.'The American Institute of Architects;'American Institute of Architects;"AIA,"the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 7 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,Is not for resale,Is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: 1901492567) 3.7.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon.and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. 3.7.4.4 Subiect to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. 4 3,7.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. 3.7.5 Changes in the eentpletient 3.7.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time,Subiect to Additions and Deletions Report for AIA Document B133-2019.Copyright®2014,and 2019>.All rights reserved.'The American Institute of Architects;'American Institute of Architects;"AlA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 8 09::22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,Is not for resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mat docinfo@alacontracts.com. User Notes: 1901492567) Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. 3.7.5.2 The Architect shall maintain records relative to changes in the Work. 3.7.6 Project Completion 3.7.6.1 The Architect shall: 1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; 2 issue Certificates of Substantial Completion; 3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager:and 4 issue a final Certificate for Payment based upon a final inspection indicating that.to the best of the Architect's knowledge,information,and belief.the Work complies with the requirements of the Contract Documents. 3.7.6.2 The Architect's inspections shall be conducted with the Owner to(I)check conformance of the Work with the requirements of the Contract Documents and(a)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. 3.7,6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum,if any.for final completion or correction of the Work. S 3.7.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(I)consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment:(2)affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens:and(3) any other documentation required of the Construction Manager under the Contract Documents. 3.7.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. PAGE 13 Additions and Deletions Report forAlADocumentB133-2019.Copyright02014,and2019>.Allrightsreserved.'TheAmericaninstituteofArchitects.'American Institute of Architects;"AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 909:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e•mat docinfo@aiacontracts.com. User Notes: 1901492587) 4.1.1.1 Assistance with Selection of Construction Manager(Part of Architect Basic Services) 4.1.1.2 Programming(Completed by Architect) Architect S 4.1.1.3 Final Update of Preliminary Designs(Part of Basic Architect Services) 4,1,1,3 A4ultiple Preliminary Designs 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning(Completed by Architect) Architect 4.1.1.7 Building Information Model management responsibilities Not Provided 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Owner 4.1.1.10 Landscape design Owner 4.1.1.11 Architectural interior design Architect 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating(after Schematic Design Phase) Construction Manager 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction(Part of Basic Architect Services) 4.1.1.16 As-designed record drawings(Part of Basic Services) Architect 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided S 4.1.1.21 Architect's coordination of the Owner's consultants. Architect Limited to as required for the Architect to prepare its Instruments of Service. 4.1.1.22 Telecommunications/data design(Limited) Architect 4.1.1.23 Security evaluation and planning Architect 4.1.1.24 Commissioning Architect 4,1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Architect 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided 4.1.1.30 Audio/Visual Systems Design Owner S 4.1.1.31 Fuel Station Design Architect S 4.1.1.32 Site Storage Bin Design Architect S 4.1.1.33 Salt Dome Design Architect PAGE 14 4.1.2.1.1 Programing:Completed by Architect under separate contract. 4.1.2.1.2 Site evaluation and planning:Completed by Architect under separate contract. 44.1.2.1.3 Architectural Interior Design: Preliminary interior design product selections for interior finishes including color options and recommended building placement to Owner for approval. Additions and Deletions Report for AIA Document B133—2019.Copyright 02014,and 2019>.All rights reserved.'The American Institute of Architects,'American Institute of Architects,"AIA,'the AIA Logo,and`AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 1 n09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024.Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,e-mail docinfo(0aiacontracts.com. User Notes: 1901492667) Refine interior design selections based upon initial Owner input. Present final interior design selections to the Owner for formal approval. Document final interior design color selections on the contract documents prior to bidding. Note:Built-in casework design is included for the building as part of Basic Services. 64.1.2.1.4 Architect's Coordination of Owner's Consultants:Coordination of Owner's consultants as required to complete Architect's Instruments of Service.Anticipated to be Owner's civil engineer,landscape designer and geotechnical engineer. 64.1,2.1.5 Telecommunications/Data Systems Design: Design includes interior buildingcommunications wiring,jack terminations,patch panels and associated MDF rack design and specifications. All other"Telecommunications and data equipment"will be provided by others.This includes but is not limited to:routers,servers,switches,UPS units,and phone systems and handsets and desktop/laptop computers. 64.1.2.1.6 Door Control:Security Systems Design: Meet with the Owner to develop physical security objectives for Site Security,Access Control,and Surveillance and identify security measures to meet the identified objectives. Design and develop specifications for physical security systems including Door Access Control and Monitoring,Video Surveillance System and other security systems. Conduct reviews with staff to confirm system performance.parameters.and attributes,along with equipment locations. The design will include the structural cabling system and hardware to support associated security systems. 4.1.2.1.7 Commissioning:Architect will retain Consultant for Commissioning services.Scope TBD. 6 4.1.2.1.8 Furniture,furnishings,and equipment design:General layout of furniture for purposes of function and connection locations for the office area.Furniture bid package is not included.Owner agrees to purchase from a government purchasing contract and will identify which furniture vender will be assigned to coordinate purchase and design layout with Architect. Permanent garage equipment will be included as part of Basic Services and will be included in the bidding documents.This fixed equipment includes the following equipment: o Fixed lifts o Lubrication and fluid equipment o Wash bay equipment Conduct reviews with staff to confirm system performance,parameters,and attributes,along with equipment locations. The design will include the structured cabling system and hardware to support associated securi y systems. Design supplementary electrical,technology and structural services for visual/environmental display and other A\V systems 4.1.2.1.9 Fuel Station design:Architect will retain Integrity Environmental Services,Inc.for the fueling station. 4.1.2,1.10 Site material storage bin design:Architect provide design services for the site material storage bins, 4.1.2.1.11 Salt Dome design:Architect will provide performance based specifications for salt dome structure. PAGE 15 None. PAGE 16 1 Two (2 )reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager 2 36 (thirty-six )visits to the site by the Architect during construction assuming a construction duration of 18 months. 3 Two (2 )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents 4 Two (2)inspections for any portion of the Work to determine final completion PAGE 17 Additions end Deletions Report for AIA Document B133—2019.Copyright®2014,and 2019>.All rights reserved.`The American Institute of Architects;'American Institute of Architects,''AIA;the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 4 4 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,1s not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents Terms of Service.To report copyright violations,e-mall docinfo@alacontracts.com User Notes: 1901492597) 4.2.5 If the services covered by this Agreement have not been completed within 24 (twenty-four )months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 20 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,including consequential damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and employees of any of them, similar waivers in favor of the other parties enumerated herein. 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys'fees and expenses recoverable under applicable law,including consequential damages,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. X ] Litigation in a court of competent jurisdiction PAGE 21 8.3-Arbitration 87.3714f-the-papties-have-seleeted-afbitratiewas-the-methetl-fer-binding-dispute-reselotiewin-this-AgFeemefftr any Additions and Deletions Report for AIA Document 8133—2019.Copyright0 2014,and 2019 .All rights reserved.'The American Institute of Architects,''American Institute of Architects,''AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 12 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents•Terms of Service.To report copyright violations,e-mail docinfo@alacontracts.com. User Notes: 1901492567) r r 8.3 The provisions of this Article 8 shall survive the termination of this Agreement. None None PAGE 23 1362,400.00(One million three-hundred sixty-two thousand four hundred dollars)based on the Cost of Work noted(excluding the site improvements)as noted in§1.1.3. Note:This Stipulated Sum includes a$17,600.00 credit for limited Schematic Design Phase services previously completed under separate contract. 4.1.1.2 Programming: Completed under separate contract. J 4.1.1.6 Site evaluation and planning: Completed under separate contract. 4.1.1.11Architectural Interior Design 17,400.00** 4 4.1.1.21 Architects coordination of the Owner's 24,450.00** consultants 4.1.1.22 Telecommunications/data design 21,750.00** 4.1.1.23 Security evaluation and planning:14,790.00** 4.1.1.24 Commissioning(TBD) 25,000.00(Allowance) 4.1.1.27 Furniture,furnishings,and equipment design 13 050.00** 4.1.1.31 Fuel Station design(Integrity Environmental $25,730.00** Services,Inc.) 4.1.1.32 Storage Bin Design 15,750.00** 4.1.1.33 Salt Dome Design(delegated design) 9 50.00** Denotes will be billed in proportion to Basic Services Phases noted in&11.5. At Architect's hourly billing rates as set forth in§ 11.7 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus fifteen percent(15 %),or as follows: PAGE 24 Schematic Design Phase Fifteen percent ( 15 %) Design Development Phase Twenty-eight percent ( 2$ %) Additions and Deletions Report for AIA Document B133—2019.Copyright®2014,and 2019>.All rights reserved.'The American Institute of Architects;'American Institute of Architects.'AIA,'the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 1309:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the MA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: 1901492567) Construction Documents Phase Thirty-six percent ( Procurement Phase One 1 Construction Phase Twenty percent ( 20 %) Kluber Architects+Engineers Staff Hourly Rate Principal 225.00 Project Manager 175.00 Protect Mechanical Engineer III 165.00 Project Mechanical Engineer II 140.00 Project Mechanical Engineer I 115.00 Project Electrical Engineer III 165.00 Project Electrical Engineer II 140.00 Project Electrical Engineer I 115.00 Project Structural Engineer III 165.00 Project Structural Engineer II 140,00 Project Structural Engineer I 115.00 Project Technologist 165.00 Project Architect III 135.00 Project Architect II 115.00 Project Architect I 95.00 Interior Designer III 115.00 Interior Designer II 95.00 Interior Designer I 75.00 Construction Observer 95.00 Senior Project Coordinator 75.00 Project Coordinator 55.00 Mark-up for hourly Projects(indirect costs.OH&P) 20.0% PAGE 25 and-a tnets; 8 If required by the Owner,and with the Owner's prior written approval,the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Zero percent(0.0 %)of the expenses incurred.Estimated to be$4.500.00(excludes Owner's consultants). Additions and Deletions Report for AlA Document B133—2019.Copyright02014,and 2019>.All rights reserved.'The American Institute of Architects.'American Institute of Architects;'AIA,'the AIA Logo,end'AIA Contract Documents'are trademarks of The American Institute of Architects,This draft was produced at 09:22:40 ET on 01/12l2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale,Is licensed for one-time use only,and may only be used in 14 accordance with the AIA Contract Documents Terms of Service.To report copyright violations,email docinfotgalacontracts.corn. User Notes: 1901492587) 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice but in the event no later than as required by statue for governmental entities. 12.1 Limitation of Liability:Notwithstanding any other provision of this Agreement.and to the fullest extent permitted by law,the total liability,in the aggregate,of Kluber,Inc.'s officers,directors,partners,employees,agents, and Kluber's Consultants,and any of them to Owner/Client and anyone claiming by,through,or under Owner/Client for any and all claims,losses,costs,or damages whatsoever arising out of,resulting from,or in any way related to the Project or the Subagreement from any cause or causes,includingbut not limited to the negligence,professional errors or omissions,strict liability or breach of contract,or warranty express or implied of Kluber's officers,directors, partners,employees,agents,or Kluber's Consultants,or any of them shall not exceed the total amount of two times fee,excluding reimbursable expenses,up to the and not exceeding the insurancepolicy limits.The services provided herein are governed solely with regards to permanent building codes only,compliance with OSHA regulations is specifically excluded. PAGE 26 John Purcell, Mayor Miehagi T.Kluber, President Additions and Deletions Report for AIA Document B133-2019.Copyright 0 2014,and 2019>.All rights reserved.'The American Institute of Architects;'American institute of Architects;'AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 1 5 09:22:40 ET on 01/12/2024 under Order No.4104245145 which expires on 09/09/2024,is not for resale.is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: 1901492667) Certification of Document's Authenticity AIA®Document D401 -2003 I,Jeffrey M.Bruns,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 09:22:40 ET on 01/12/2024 under Order No.4104245145 from MA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133T"t—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,other than those additions and deletions shown in the associated Additions and Deletions Report. Signed) 14( Title) O(I 121 201 Y Dated) AIA Document D401—2003.Copyright®1992 and 2003.AU rights reserved."The American Institute of Architects;"American Institute of Architects,"AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 09:22:40 ET on 01/12/2024 under 4 Order No.4104245145 which expires on 09/09/2024,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,e-mail doclnfo@atacontracts.com. User Notes: 1901492587) Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memorandum. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #1 Tracking Number PZC 2024-21 & EDC 2024-77 Heartland Meadows West (Kendall Marketplace) City Council – January 14, 2025 PZC – 11/13/24 Moved forward to City Council agenda. PZC 2024-21 & EDC 2024-77 Majority Approval Proposed Planned Unit Development (PUD) Amendment, Preliminary and Final PUD Plan for age-restricted residential and commercial development. Krysti J. Barksdale-Noble, AICP Community Development Name Department 1 REQUEST SUMMARY: Marker Inc., the petitioner, along with the property owner, the United City of Yorkville, seeks to amend the Kendall Marketplace Planned Unit Development (PUD) Agreement. They are requesting approval for a preliminary subdivision plat and a final PUD plan to develop Heartland Meadows West. This mixed-use project will feature twenty single-family residential lots for an active adult community, along with four commercial outlots. The proposed zoning designations are R-2 Single-Family Traditional Residential District for the residential lots and B-3 General Retail District for the commercial lots. The approximately 8.29-acre site, currently vacant, is located within the Kendall Marketplace development, north of Blackberry Shore Lane and between Northland Lane and Cannonball Trail. COMMERCIAL PURCHASE & SALE AGREEMENT: After several years of the subject property siting fallow, the City of Yorkville and Heartland Meadows, LLC, entered into a “Commercial Purchase and Sales Agreement” on January 23, 2024 which established specific conditions for the development of the parcel for residential and commercial uses. However, the originally approved concept plan designates the land use for the subject parcel as “civic purposes”. While the existing Kendall Marketplace development has underlying zoning that permits the proposed single- family dwellings and allows for various commercial uses—such as retail, services, entertainment, dining, medical, and vehicle-related activities—the proposed residential and commercial uses for this parcel requires an amendment to the approved Planned Unit Development (PUD). The agreement allows a Feasibility Period and Platting/Entitlement Period, with the deadline for petition submission set for July 23, 2024, and entitlements required by January 23, 2025. The purchaser is also tasked with establishing a business owner’s association in conjunction with final plat approval to oversee cross-access easements and maintenance for the commercial parking lots in proportion to their area. Additionally, commercial parcels must align with the B-3 Zoning District standards or less intense B-1 or B-2 classifications. Further, the agreement permits the purchaser to secure water and sanitary sewer connection fees at rates effective as of December 1, 2023, for five years following City Council’s final plat approval. Residential water connection fees are set at $5,554, while sanitary sewer connection rates are $2,000, with commercial rates varying by meter size and number of drain units. Covenants will apply to the residential lots, limiting them to a 55+ active adult community, with lot dimensions conforming to the minimum standards previously used in the Heartland Meadows subdivision. Finally, signage installation is permitted post-Feasibility Period, provided it complies with Unified Development Ordinance (UDO) standards. PUD AMENDMENT/PRELIMINARY& FINAL PUD PLAN: Below is a summary of the requested deviations from the Unified Development Ordinance (UDO) and previously approved Kendall Marketplace PUD the petitioner is seeking in the PUD Amendment: 1. Underlying Zoning: Residential land use will have a R-2 Single-Family Traditional Residential District underlying zoning and the commercial land use will have a B-3 General Business underlying zoning. Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: November 21, 2024 Subject: PZC 2024-21 Heartland Meadows West (Kendall Marketplace) Proposed PUD Amendment and Preliminary & Final PUD Plan 2 2. Rear Yard Setback Reduction: Request to reduce the standard 40 feet setback to 20 feet due to a 16-inch City water main running parallel to the northern boundary. 3. R-2 Bulk Regulations: a. Minimum lot area reduced from 12,000 sq. ft. to 5,000 sq. ft. b. Minimum lot width reduced from 80 feet to 50 feet. c. Front yard setback reduced from 30 feet to 20 feet. d. Rear yard setback reduced from 40 feet to 20 feet. e. Side yard setback reduced from 10 feet to 5 feet. f. Corner yard setback reduced from 30 feet to 10 feet, except for Lot 2 which will have a 15-foot corner yard setback. 4. B-3 Bulk Regulations: a. Minimum front yard setback reduced from 50 feet to 30 feet. 5. Parking Requirements: a. Infrastructure for a minimum of three (3) electric vehicle charging stations must be installed. b. Cross Access Easement for the commercial parcels shall be provided in the Final Plat of Subdivision. c. A minimum of one (1) off-street loading space per commercial building shall be provided. 6. Public Street Design: a. A requested deviation to omit a required center island in the primary cul-de-sac. 7. Landscaping Requirements: a. Transition Zone “C” landscaping adjusted between residential and commercial areas. b. Parkway tree requirements partially moved to private property, exceeding the usual 25% allowance. 8. Cul-de-Sac Length: a. Primary cul-de-sac at 500 feet, slightly exceeding usual design constraints. 9. Appearance Standards: a. Shall Adhere to the Article III of the original Kendall Marketplace Development Agreement (Ord. 2006-125) for single-family detached residential dwelling units and commercial design standards. 10. Deed Restrictions: a. Residential dwelling units limited to age 55+ for 25 years under a homeowners' association (HOA) agreement. 11. Development Fees: a. Draft Fee Schedule provided as Exhibit to PUD Agreement which secures water and sanitary sewer connection fees at rates effective as of December 1, 2023, for five years following City Council’s final plat approval. b. Developer to provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residential units. 3 STAFF COMMENTS: These deviations aim to accommodate site-specific constraints and the project's focus on a mixed-use active adult community. The petitioner has submitted a revised Site Plan which addresses the staff comments, feedback from the Economic Development Committee, and the recommendations from the Planning and Zoning Commission. The preliminary plan is considered an initial draft that outlines the petitioner's intended layout for a future final plat of subdivision, including all proposed site improvements. Typically, preliminary plans are valid for twelve (12) months. However, for Planned Unit Developments (PUDs), which are considered special uses, the approved plans expire only after three (3) years from approval if no Building Permit is issued and no portion of the property is final platted. PUD AMENDMENT & PRELIMINARY/FINAL PUD PLAN REQUESTS: The Planning and Zoning Commission held a public hearing regarding the proposed Planned Unit Development (PUD) Amendment and Preliminary/Final PUD Plan for the subject property on November 13, 2024. The commission made the following actions on the motions below: 1. Planned Unit Development (PUD) Amendment In consideration of testimony presented during a Public Hearing on November 13, 2024 and standards for Planned Unit Development Approval, the Planning and Zoning Commission recommends approval to the City Council of a request for an amendment to the Kendall Marketplace Planned Unit Development Agreement to develop Heartland Meadows West, a mixed-use project featuring twenty (20) single-family residential lots for an active adult community and four (4) commercial outlots with underlying zoning designations of R-2 Single- Family Traditional Residential District and B-3 General Retail District for an approximately 8.3 acre parcel located on the north side of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, subject to the conditions enumerated in a staff memorandum dated November 6, 2024. Action Item: Millen-aye; Linnane-aye; Forristall-aye; Vinyard-aye; Williams-aye; Hyett-aye; Crouch-aye 7 ayes; 0 no 2. Preliminary & Final PUD Plans The Planning and Zoning Commission recommends approval to the City Council of the Heartland Meadows West Preliminary Plat of Subdivision prepared by Dale Floyd Land Engineering and Heartland Meadows West Final PUD Plan prepared by Tebrugge Engineering and dated August 12, 2024 subject to review comments prepared by EEI, Inc. dated October 3, 2024, and further subject to the four (4) commercial lots having a minimum thirty (30) foot front yard setback and Residential Lot 2 having a fifteen (15) foot corner side yard setback. Action Item: Millen-aye; Linnane-aye; Forristall-aye; Vinyard-aye; Williams-aye; Hyett-aye; Crouch-aye 7 ayes; 0 no 4 Attachments: 1. Draft Kendall Marketplace PUD Amendment Ordinance 2. Draft Preliminary and Final PUD Plan Ordinance 3. Revised Heartland Meadows West Site Plan prepared by Marker, Inc. 4. Opposition E-mail from Mary Czapar dated 11-11-24 5. PZC Memo dated November 6, 2024 6. Copy of Petitioner’s Application 7. Preliminary Plat of Subdivision of Heartland Meadows West (2 sheets) prepared by Dale Floyd Land Surveying 8. Final Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 9. Civil Site Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 10. Landscape Plan (1 sheet) dated August 12, 2024 and prepared by Tebrugge Engineering 11. Draft Operation and Commercial Center Easement Agreement for Heartland Meadows West PUD 12. Plan Council Packet Materials 10-10-24 13. EEI Review Letter to the City dated October 3, 2024 14. Kendall Marketplace Development Agreement (Ord. 2006-125) 15. Commercial Purchase and Sale Agreement dated January 23, 2024 16. Public Hearing Notice Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT FOR KENDALL MARKETPLACE WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the Mayor and City Council approved by Ordinance Number 2006-125 dated October 26, 2006, AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR KENDALL MARKETPLACE, establishing an amendment to the Kendall Marketplace planned unit development which was recorded in the office of the Kendall County Recorder as document 200700002839 on January 24, 2007; and WHEREAS, the Mayor and City Council approved by Ordinance Number 2018-30 dated May 16, 2018, AN ORDINANCE APPROVING AMENDED CONDITIONS THE FOR KENDALL MARKETPLACE PLANNED UNIT DEVELOPMENT, establishing single-family detached residential unit design standards to the Kendall Marketplace planned unit development which was recorded in the office of the Kendall County Recorder as document 201800007714 on June 7, 2018; and WHEREAS, Marker, Inc. (the “Petitioner”) desires to develop an approximately 8.29-acre site that is located within the Kendall Marketplace Planned Unit Development, north of Blackberry Shore Lane and between Northland Lane and Cannonball Trail (the “Parcel”) with an active adult community and commercial developments; and WHEREAS, the Petitioner has filed an application to amend the Planned Unit Development for Kendall Marketplace (the “Amended PUD”), seeking to change the permitted land uses on the Parcel from civic purposes to residential and commercial uses, along with requesting certain variances from the City’s Unified Development Ordinances (the “UDO”); and WHEREAS, a legal notice of publication regarding a public hearing before the Planning and Zoning Commission (the “PZC”) on the proposed Amended PUD was duly published in a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the public hearing; and WHEREAS, the PZC convened and held a public hearing on November 13, 2024, for the consideration of the Amended PUD; and WHEREAS, the PZC reviewed the standards set forth in Sections 10-8-5D and 10-8-8E of the UDO; and Ordinance No. 2025-____ Page 2 WHEREAS, upon conclusion of said public hearing, the PZC made findings of fact and a recommendation to the Mayor and City Council (“Corporate Authorities”) to approve the Amended PUD; and WHEREAS, the Corporate Authorities have reviewed the findings and recommendation of the PZC and therefore agree to amend the Planned Unit Development for Kendall Marketplace (the “Amended PUD”) to accommodate the Petitioner’s request, said Amended PUD being substantially in the form attached hereto. 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 above recitals are incorporated herein and made a part of this Ordinance. Section 2. The Amended PUD is hereby approved substantially in the form attached hereto as “Exhibit A”, subject to certain conditions set forth in Section 4 of this Ordinance. Section 4. The Parcel shall be constructed, operated, and maintained pursuant to the Amended PUD and in accordance with the following conditions: a. The four (4) lots on the Parcel that are designated for commercial use shall be subject to a thirty (30) foot front yard setback. b. The minimum bulk regulations for R-2 zoned residential lots shall be re: • Minimum Lot Area shall be 5,000 square feet • Minimum Lot Width shall be 50 feet • Minimum Front Yard setback shall be 20 feet • Minimum Rear Yard setback shall be 20 feet • Minimum Interior Side Yard setback shall be 5 feet • Minimum Corner Side Yard setback shall be 10 feet c. Residential Lot 2, located along the western boundary of the Parcel, shall be subject to a fifteen (15) foot corner side yard building setback. d. The Petitioner shall install infrastructure to accommodate a minimum of three (3) electric vehicle charging stations for the lots that are designated for commercial use. e. A minimum of one (1) off-street loading space per commercial building shall be provided. f. The Petitioner is allowed to omit the required center island in the primary cul-de-sac and such cul-de-sac shall not exceed 500 feet in length. g. The Petitioner must include cross-access easements for the four (4) lots that are designated for commercial use in the Final Plat of Subdivision. h. The Petitioner shall provide a Type C Transition Yard, per Section 10-5-3, Table 10-5- 3(F)(3) of the UDO, at the rear of the double-frontage commercial lots along the primary cul-de-sac between the commercial and residential land uses. i. Section 10-7-3-B-4-c of the UDO requires a canopy tree be planted for every forty (40) linear feet of parkway. Per 10-7-3-B-4-c-1, up to 25% of these canopy trees are Ordinance No. 2025-____ Page 3 permitted to be planted on private property, subject to certain conditions. The Petitioner shall disclose the percentage of canopy trees to be planted on private property. Should this percentage exceed 25%, a deviation in the PUD shall be required. j. Per the Commercial Purchase & Sale Agreement, the development shall be constructed and operated as an age-targeted community with occupancy of the housing units restricted to at least one (1) principal resident who is fifty-five (55) years of age or greater, which age restriction shall not be modified for a period of twenty-five (25) years from approval of the Final Plat for the Planned Use Development plan for the Parcel. k. Per Article III of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, there are special provisions for design standards. In addition to the City’s Appearance Code, for Single-Family Detached Residential Units the Petitioner must incorporate: • Masonry products on the front façade of 75% of the total units. • A minimum of 75% of the front façade of each building shall have masonry products. A 10% reduction will be given for each major architectural feature on the front façade. • A minimum of 50% of each building elevations shall incorporate premium siding material. • Primary structures shall be constructed upon either a basement or foundation – slab construction shall not be used. l. The Petitioner shall adhere to the below Commercial Design Standards per the original Kendall Marketplace Development Agreement as follows: • The Petitioner shall adhere to all guidelines within the Appearance Code section for Non-residential building design for unbuilt sites for commercial, office and institutional uses, per section 10-5-8 of the Unified Development Ordinance. • Masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building, as broken down as follows: The front facade shall itself incorporate masonry products or precast concrete on at least fifty (50) percent of the facade. Any other facade that abuts a street shall incorporate masonry products. The use of masonry products or precast concrete is encouraged on the remaining facades. • All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. • Masonry products shall not be painted. m. The Petitioner shall provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residences. n. The Petitioner shall adhere to the fees listed in the fee schedule attached hereto as “Exhibit B.” Ordinance No. 2025-____ Page 4 Section 4. This Ordinance shall be in full force and effect after its passage, publication and approval as provided by law. [Remainder of page intentionally left blank. Roll call vote follows.] Ordinance No. 2025-____ Page 5 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK EXHIBIT A Revised Heartland Meadows West Site Plan EXHIBIT B Heartland Meadows West Fee Schedule FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit (see note "a" below)$0 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D.$1,400 United City of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot (SF)$650 + $0.20(SF) 2. Water Connection Fees SF $5,554 3. Water Meter Cost Detached Units $550 4. City Sewer Connection Fees (see note "b" below)$2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $1,759 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire $1,200 Development Fees Total $4,609 8. Land Cash Fees Apartment Townhome Duplex Single Family Park N / A N / A N / A $3,000.00 School N / A N / A N / A $4,780.48 Land-Cash Fees Total $0.00 $0.00 $0.00 $7,780.48 9. Road Contribution $2,000 Notes: a. Fee is reduced to $0 per Resolution from Yorkville School District #115 b. Fee is locked at December 1, 2023 rate for 5 years per Commercial Purchase and Sale Agreement Heartland Meadows West (see note "b" below) FIVE (5) YEAR FEE LOCK EXPIRATION Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A PRELIMINARY PLAN OF SUBDIVISION AND FINAL PLANNED UNIT DEVELOPMENT PLAN FOR THE PROPERTY LOCATED NORTH OF BLACKBERRY SHORE LANE AND BETWEEN NORTHLAND LANE AND CANNONBALL TRAIL (Heartland Meadows West) 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, Marker, Inc., an Illinois corporation (the "Applicant") is the contract purchaser from the United City of Yorkville (the “Owner”) of certain property located north of Blackberry Shore Lane and between Northland Lane and Cannonball Trail, Yorkville, Illinois (the "Subject Property") legally described on the preliminary plat of subdivision attached hereto and made a part hereof by reference as Exhibit A, and are seeking subdivision of the Subject Property into 20 residential and 4 commercial lots (collectively the "Project"); and WHEREAS, after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property, the Planning and Zoning Commission (the “PZC”) convened and held a public hearing on November 13, 2024, to consider subdivision of the Subject Property; and WHEREAS, the PZC reviewed the standards set forth in Sections 10-8-5D and 10-8-8E of the Yorkville Unified Development Ordinance and made a recommendation to the Mayor and City Council (the “Corporate Authorities”) for approval of the subdivision by its Preliminary Plat of Subdivision and final Planned Unit Development plan; and WHEREAS, in response to conditions placed on the Project by the PZC, the Applicant submitted a revised site plan on November 20, 2024, attached hereto as “Exhibit B”. 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 above recitals are incorporated herein and made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve: a. The preliminary plan of subdivision entitled Heartland Meadows West Preliminary Plat of Subdivision, prepared by Dale Floyd Land Engineering and attached hereto and made a part hereof by reference as “Exhibit A” for the subdivision of the Subject Property, legally described on Exhibit A with Property Index Number 02-20-351-006; and Ordinance No. 2025-____ Page 2 b. The Heartland Meadows West Final PUD Plan prepared by Tebrugge Engineering, dated August 12, 2024 and attached hereto and made a part hereof by reference as “Exhibit C”; c. The Heartland Meadows West Landscape Plan prepared by Tebrugge Engineering and attached hereto and made a part hereof by reference as “Exhibit D”; said approval subject to final review comments prepared by EEI, Inc., dated October 3, 2024 and attached hereto as “Exhibit E”. Section 3. The approval of the preliminary plan of subdivision and final Planned Unit Development plan shall be subject to the following conditions: a. The four (4) lots on the Parcel that are designated for commercial use shall be subject to a thirty (30) foot front yard setback. b. The minimum bulk regulations for R-2 zoned residential lots shall be re: • Minimum Lot Area shall be 5,000 square feet • Minimum Lot Width shall be 50 feet • Minimum Front Yard setback shall be 20 feet • Minimum Rear Yard setback shall be 20 feet • Minimum Interior Side Yard setback shall be 5 feet • Minimum Corner Side Yard setback shall be 10 feet c. Residential Lot 2, located along the western boundary of the Parcel, shall be subject to a fifteen (15) foot corner side yard building setback. d. The Petitioner shall install infrastructure to accommodate a minimum of three (3) electric vehicle charging stations for the lots that are designated for commercial use. e. A minimum of one (1) off-street loading space per commercial building shall be provided. f. The Petitioner is allowed to omit the required center island in the primary cul-de-sac and such cul-de-sac shall not exceed 500 feet in length. g. The Petitioner must include cross-access easements for the four (4) lots that are designated for commercial use in the Final Plat of Subdivision. h. The Petitioner shall provide a Type C Transition Yard, per Section 10-5-3, Table 10-5- 3(F)(3) of the UDO, at the rear of the double-frontage commercial lots along the primary cul-de-sac between the commercial and residential land uses. i. Section 10-7-3-B-4-c of the UDO requires a canopy tree be planted for every forty (40) linear feet of parkway. Per 10-7-3-B-4-c-1, up to 25% of these canopy trees are permitted to be planted on private property, subject to certain conditions. The Petitioner shall disclose the percentage of canopy trees to be planted on private property. Should this percentage exceed 25%, a deviation in the PUD shall be required. j. Per the Commercial Purchase & Sale Agreement, the development shall be constructed and operated as an age-targeted community with occupancy of the housing units Ordinance No. 2025-____ Page 3 restricted to at least one (1) principal resident who is fifty-five (55) years of age or greater, which age restriction shall not be modified for a period of twenty-five (25) years from approval of the Final Plat for the Planned Use Development plan for the Parcel. k. Per Article III of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, there are special provisions for design standards. In addition to the City’s Appearance Code, for Single-Family Detached Residential Units the Petitioner must incorporate: • Masonry products on the front façade of 75% of the total units. • A minimum of 75% of the front façade of each building shall have masonry products. A 10% reduction will be given for each major architectural feature on the front façade. • A minimum of 50% of each building elevations shall incorporate premium siding material. • Primary structures shall be constructed upon either a basement or foundation – slab construction shall not be used. l. The Petitioner shall adhere to the below Commercial Design Standards per the original Kendall Marketplace Development Agreement as follows: • The Petitioner shall adhere to all guidelines within the Appearance Code section for Non-residential building design for unbuilt sites for commercial, office and institutional uses, per section 10-5-8 of the Unified Development Ordinance. • Masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building, as broken down as follows: The front facade shall itself incorporate masonry products or precast concrete on at least fifty (50) percent of the facade. Any other facade that abuts a street shall incorporate masonry products. The use of masonry products or precast concrete is encouraged on the remaining facades. • All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. • Masonry products shall not be painted. m. The Petitioner shall provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residences. n. The Petitioner shall adhere to the fees listed in the fee schedule attached hereto as “Exhibit F.” Section 4. This Ordinance shall be in full force and effect after its passage, publication and approval as provided by law. Ordinance No. 2025-____ Page 4 [Remainder of page intentionally left blank. Roll call vote follows.] Ordinance No. 2025-____ Page 5 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK EXHIBIT A Heartland Meadows West Preliminary Plat of Subdivision EXHIBIT B Revised Heartland Meadows West Site Plan EXHIBIT C Heartland Meadows West Final PUD Plan NORTHLAND LANEBLACKBERRY SHORE LANES 68°45'43" E 494.24'130.56'158.00'205.68'S 21°14'17" W 202.00' S 21°14'17" W 202.00' S 21°14'17" W 186.81'N 74°29'53" W 113.32'S 06°48'52" W 110.00'S 41°14'34" W 145.04'N 68°45'43" W 127.92'N 21°14'17" E 105.00' N 21°14'17" E 105.00' N 21°14'17" E 171.12' N 21°14'17" E 166.45' N 21°14'17" E 161.79' N 21°14'17" E 105.75' N 21°14'17" E 105.90'N 68°45'43" W 279.51'N 21°14'17" E 106.29'N 21°14'17" E 78.10'N 21°14'17" E 93.19'100.00'55.00'107.20'38.02' N 06°48'52" E 59.67'S 82°32'50" E 100.00'S 78°31'21" E 100.00'64.24'49.08'60.30'48.00'N 4 5 ° 0 2 ' 3 6 " E 7 4 . 5 2 ' 30.77'55.00'59.96'N 7 3 ° 1 8 ' 3 0 " E 5 9 . 0 8 'N 68°45'43" W 125.21'N 68°45'43" W 114.63'11.51'54.00'54.00'54.00'58.00'48.00'A =10 0 .0 0 'A =5 5 .0 0 'A =5 5 .0 0 'R =783.00'A =59.59'60.00'58.00'235.25'158.00'158.00'194.54'A =6 6 .18 ' N 21°40'31" E 100.00'S 63°49'32" E 91.85'N 21°40'31" E 145.73'N 83°11'08" W 300.22'N 08°16 ' 3 0 " E 1 3 8 . 7 5 'N 30°29'32" W 65.90'N 63°49'32" W 302.04'N 21°40'31" E 127.42' S 06°48'52" W 59.67'N 32°01'21" E 127.64'R =7 8 3 .0 0 'L =3 4 4 .4 9 'N 68°45'43" W 108.30'N 68°45'43" W 118.00'14. 4 1 ' 60. 1 1 '24.01'54.20'54.20'54.20'54.20'61.23'29.58'37.44'25.09'9.94' S 71°09'41" W 1 1 0 . 0 0 ' 93.60' 45.15'6.00'R =6 0 .0 0 'CANNONBALL TRAIL FIOSON CONCRETEPADFIOSVAULTFIOSVAULTELECTRICTRANSFORMERFIOSVAULTATTBOXELECTRICTRANSFORMERFIOSVAULTFIOSVAULTPHONE: (815) 786-0195 TEBRUGGE ENGINEERING TEBRUGGEENGINEERING.COM 410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548OF 21 SHEETSMARKER, INC. 608 E VETERANS PKWY, YORKVILLE, IL PREPARED FOR:HEARTLAND MEADOWS WEST 1" = 30'1FINAL PLANOF 1 SHEETLOTS 1-20ZONING = R-1LOTS 21-24ZONING = B-3 EXHIBIT D Heartland Meadows West Landscape Plan NORTHLAND LANEBLACKBERRY SHORE LANES 68°45'43" E 494.24'130.56'158.00'205.68'S 21°14'17" W 202.00' S 21°14'17" W 202.00' S 21°14'17" W 186.81'N 74°29'53" W 113.32'S 06°48'52" W 110.00'S 41°14'34" W 145.04'N 68°45'43" W 127.92'N 21°14'17" E 105.00' N 21°14'17" E 105.00' N 21°14'17" E 171.12' N 21°14'17" E 166.45' N 21°14'17" E 161.79' N 21°14'17" E 105.75' N 21°14'17" E 105.90'N 68°45'43" W 279.51'N 21°14'17" E 106.29'N 21°14'17" E 78.10'N 21°14'17" E 93.19'100.00'55.00'107.20'38.02' N 06°48'52" E 59.67'S 82°32'50" E 100.00'S 78°31'21" E 100.00'64.24'49.08'60.30'48.00'N 4 5 ° 0 2 ' 3 6 " E 7 4 . 5 2 ' 30.77'55.00'59.96'N 7 3 ° 1 8 ' 3 0 " E 5 9 . 0 8 'N 68°45'43" W 125.21'N 68°45'43" W 114.63'11.51'54.00'54.00'54.00'58.00'48.00'A =10 0 .0 0 'A =5 5 .0 0 'A =5 5 .0 0 'R =783.00'A =59.59'60.00'58.00'235.25'158.00'158.00'194.54'A =6 6 .18 ' N 21°40'31" E 100.00'S 63°49'32" E 91.85'N 21°40'31" E 145.73'N 83°11'08" W 300.22'N 08°16 ' 3 0 " E 1 3 8 . 7 5 'N 30°29'32" W 65.90'N 63°49'32" W 302.04'N 21°40'31" E 127.42' S 06°48'52" W 59.67'N 32°01'21" E 127.64'R =7 8 3 .0 0 'L =3 4 4 .4 9 'N 68°45'43" W 108.30'N 68°45'43" W 118.00'14. 4 1 ' 60. 1 1 '24.01'54.20'54.20'54.20'54.20'61.23'29.58'37.44'25.09'9.94' S 71°09'41" W 1 1 0 . 0 0 ' 93.60' 45.15'6.00'R =6 0 .0 0 'CANNONBALL TRAIL FIOSON CONCRETEPADFIOSVAULTFIOSVAULTELECTRICTRANSFORMERFIOSVAULTATTBOXELECTRICTRANSFORMERFIOSVAULTFIOSVAULTPHONE: (815) 786-0195 TEBRUGGE ENGINEERING TEBRUGGEENGINEERING.COM 410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548OF 21 SHEETSMARKER, INC. 608 E VETERANS PKWY, YORKVILLE, IL PREPARED FOR:HEARTLAND MEADOWS WEST 1" = 30'1LANDSCAPE PLANOF 1 SHEET EXHIBIT E Engineering Enterprises, Inc. (EEI, Inc.) Review Comments EXHIBIT F Heartland Meadows West Fee Schedule FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit (see note "a" below)$0 Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D.$1,400 United City of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot (SF)$650 + $0.20(SF) 2. Water Connection Fees SF $5,554 3. Water Meter Cost Detached Units $550 4. City Sewer Connection Fees (see note "b" below)$2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $1,759 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire $1,200 Development Fees Total $4,609 8. Land Cash Fees Apartment Townhome Duplex Single Family Park N / A N / A N / A $3,000.00 School N / A N / A N / A $4,780.48 Land-Cash Fees Total $0.00 $0.00 $0.00 $7,780.48 9. Road Contribution $2,000 Notes: a. Fee is reduced to $0 per Resolution from Yorkville School District #115 b. Fee is locked at December 1, 2023 rate for 5 years per Commercial Purchase and Sale Agreement Heartland Meadows West (see note "b" below) FIVE (5) YEAR FEE LOCK EXPIRATION 1 I have reviewed the application for Planned Unit Development (PUD) Agreement Amendment to Ord. 2006-125, as amended, for Kendall Marketplace, as well as a Landscape Plan prepared by Tebrugge Engineering, Preliminary Plat of Subdivision & Final PUD Plan for Heartland Meadows West prepared by Tebrugge Engineering, received August 22, 2024 and September 12, 2024 as submitted by Daniel Kramer on behalf of Marker Inc., petitioner. The petitioner is seeking to amend the Kendall Marketplace Planned Unit Development (PUD) Agreement and is requesting approval for both a preliminary subdivision plat and the final PUD plan. The proposal is to develop Heartland Meadows West, a mixed-use project that includes twenty (20) single- family residential lots for an active adult community and four (4) commercial outlots. The proposed zoning designations are R-2 Single-Family Traditional Residential District for the residential area and B-3 General Retail District for the commercial area. Additionally, the petitioner is requesting a reduction in rear yard setbacks from 40 feet to 20 feet due to a 16-inch City water main running parallel to the northern parcel line. They are also asking for a reduction in interior and corner side yard setbacks from 10 feet and 30 feet, respectively, to 5 feet. The site, approximately 8.29 acres of vacant land, is located north of Blackberry Shore Lane, between Northland Lane and Cannonball Trail, within the Kendall Marketplace development. Based upon my review of the application documents and plans, I have compiled the following comments: GENERAL ZONING/PUD AMENDMENT COMMENTS: 1. ZONING – Per Ord. 2006-125, the Kendall Marketplace development, of which the subject parcel is located within, has a PUD zoning classification to allow for uses permitted within the B-3, R-2, and R-3 zoning districts. The following are the current immediate surrounding zoning and land uses: 2. PERMITTED USES – Per Table 10-3-12 (B) of the Yorkville Unified Development Ordinance (UDO), “single-family dwellings” are permitted land uses in the R-2 District. The B-3 District allows for a variety of commercial uses such as retail, service, entertainment, eating/drinking, medical, and vehicle related uses. Zoning Land Use North R-2 Single-Family Residence District Cannonball Estates Subdivision East R-3 (Kendall County) Single-Family Residential South Planned Unit Development (B-3) Kendall Marketplace (Home Depot) West Planned Unit Development (R-3) Kendall Marketplace (Baseball Field) Kendall Market Place (Townes of Kendall Marketplace) Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: September 30,2024 Subject: PZC 2024-21 Heartland Meadows West (Kendall Marketplace) Proposed PUD Amendment and Preliminary & Final PUD Plan 2 3. LAND USE - Per Article II of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, “[t]he development of the property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit “B” as illustrated below: a. The approved land use for subject parcel was designated for a civic use. The proposed residential and commercial uses require an amendment to the approved planned unit development. 4. AMENDMENTS TO APPROVED PUD – Section 10-8-8G of City’s Unified Development Ordinance (UDO) establishes criteria for major and minor planned unit development amendments. It is the finding of the Zoning Administrator that the request is deemed a major amendment to the approved Kendall Marketplace PUD based upon the (a) increased density and (b) modification in the proportion of housing types. a. The breakdown of change in approved land uses within the Kendall Marketplace PUD is provided in the table below: APPROVED PUD PLAN (Acres) PROPOSED PUD AMENDMENT (Acres) % CHANGE Residential 47.26 3.33 +7% Commercial 105.33 3.39 +3.3% Detention 21.90 0 - Park 4.40 0 - Civic 8.35 0 - Open Space 3.28 0 - Dedicated R.O.W. 1.58 1.57 +99% TOTAL AREA 192.1 8.29 3 5. DESIGN STANDARDS – Per Article III of the Development Agreement (Ord. 2006-125) for Kendall Marketplace, there are special provisions for design standards in addition to the City’s Appearance Code, as explained below: a. Residential – Single-Family Detached Residential Units must incorporate: i. Masonry products on the front façade of 75% of the total units. ii. A minimum of 75% of the front façade of each building shall have masonry products. A 10% reduction will be given for each major architectural feature on the front façade. iii. A minimum of 50% of each building elevations shall incorporate premium siding material. iv. Primary structures shall be constructed upon either a basement or foundation – slab construction shall not be used. v. Is the petitioner seeking to revise these standards for this portion of the development? If so, how? Will elevations be provided for approval? vi. Anti-monotony regulations provided in Section 10-7-8 of the Unified Development Ordinance shall also apply. b. Commercial – Commercial Design Standards are subject to: i. All guidelines” within the Appearance Code section for Non-residential building design for unbuilt sites for commercial, office and institutional uses, per section 10-5-8 of the Unified Development Ordinance. ii. This requires masonry products or precast concrete shall be incorporated on at least fifty (50) percent of the total building, as broken down as follows: The front facade shall itself incorporate masonry products or precast concrete on at least fifty (50) percent of the facade. Any other facade that abuts a street shall incorporate masonry products. The use of masonry products or precast concrete is encouraged on the remaining facades. iii. All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. iv. Masonry products shall not be painted. v. Is the petitioner seeking to revise these standards for this portion of the development? If so, how? Will elevations be provided for approval? 6. PERMIT FEES - Per “Exhibit D” and “ Exhibit E” of the Development Agreement (Ord. 2006-125) for Kendall Marketplace includes residential and commercial permit fees (see attached). a. Is the petitioner seeking to revise any of these permit fees? b. Water and sanitary connection fees for residential and commercial land uses are adjusted per the Commercial Purchase and Sales Agreement dated January 23, 2024 (see comment #8d). c. School Transition Fees – The developer will provide written evidence to the City in the form of an executed resolution from the Yorkville Community School District #115 that the School Transition Fee shall be waived on all single-family residences within the proposed development due to it being an age restricted 4 community in conformity with the US Housing and Urban Development standards. 7. HOA – Is the developer proposing to create an HOA since no common or open space is proposed? 8. DEED RESTRICTION – The development shall be constructed and operated as an age- targeted community with occupancy of the housing units restricted to at least one (1) principal resident who is 55 years of age or greater which shall not be modified for a period of twenty-five (25) years from approval of the Final Planned Unit Development plan. 9. PUD MODIFICATION STANDARDS - PUDs are allowed to modify standards of the base district as long as the requested modifications are specifically identified and demonstrates how each allowance is compatible with surrounding development, is necessary for proper development of the site, and is aligned with at least one (1) modification standard found in Section 10-8-8D of the UDO. a. The petitioner has not identified at least one (1) modification standard the proposed PUD will meet per Section 10-8-8D. i. Staff believes modification standard #7 “Age-Targeted Development” applies, as the proposed development will include residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens. b. Petitioner shall provide written responses to the following standards for special use and for Planned Unit Development (PUD) which will be entered into the record during the public hearing process: i. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. ii. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. iii. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. iv. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. v. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably 5 determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. vi. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. COMMERCIAL PURCHASE & SALE AGREEMENT 10. Per the Commercial Purchase and Sales Agreement executed on January 23,2024 between the United City of Yorkville (“Seller”) and Heartland Meadows, LLC (“Purchaser”), petitioner, the following provisions apply: a. The agreement included a “Feasibility Period” and “Platting/Entitlement Period”. The feasibility review deadline was June 23rd making the deadline to submit a petition for entitlement approval by July 23rd. Per the agreement, the purchaser has until January 23, 2025 to obtain entitlements. b. The purchaser must create a business owner’s association in conjunction with the final plat approval providing for cross access easements among the four (4) commercial parking lot which are to be maintained by the Association in proportion to the parking area within the lot lines of each individual lot or combined lot. c. The commercial parcels shall be in substantial conformity with the UDO’s B-3 Zoning District or less intense zoning classifications under the B-1 and B-2 districts. d. The agreement permits the purchaser to lock in the water and sanitary sewer connection fees in effect as of December 1, 2023 for five (5) years following the date of the City Council approval of the Final Plat of the subject property. i. The rate of the water connection for single-family detached residential lots on December 1, 2023 was $5,554; the sanitary sewer connection rate was $2,000. ii. The rate of the water connection for commercial lots on December 1, 2023 is determined on meter size; the sanitary sewer connection rate was $400 per number of drain units. iii. Attached is a sample fee sheet based upon the previously approved PUD agreement and the Commercial Purchase and Sale Agreement. e. The residential lots shall have covenants limited to a 55 year and older active adult community. The lot sizes will conform to bulk, at least to the minimum lot size and setback requirements, used by the purchaser developed for the Heartland Meadows subdivision (see comment #9). f. Signage may be installed on the property at the close of the Feasibility Period provided that any signage shall conform to the UDO regulations. SITE PLAN/FINAL PLAN COMMENTS: 11. R-2 SINGLE-FAMILY TRADITIONAL RESIDENCE BULK REGULATIONS – Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current R-2 Single-Family Traditional Residence District standards with the proposed Planned Unit Development (PUD) for the residential lots: 6 R-2 Zoning Regulations Approved Heartland Meadows Proposed Heartland Meadows West Min. Lot Area 12,000 sq. ft. 5,000 sq. ft 5,000 sq. ft1 Min. Lot Width 80 feet 50 feet Undetermined Front Yard Setback 30 feet 25 feet 25 feet Rear Yard Setback 40 feet 20 feet 20 feet Side Yard Setback 10 feet 5 feet 5 feet Corner Yard Setback 30 feet 10 feet 10 feet Max. Lot Coverage 45% 22.5% (Entire Development) Max. 65% (Individual Lots) Undetermined Max. Dwelling Height 30 feet 1 story 1 story a. The proposed PUD does not meet the minimum lot area requirement of 12,000 sq. ft. for the R-2 district. Is the petitioner seeking to add a request for deviation to this standard in the PUD Agreement Amendment? b. The proposed PUD does not meet the minimum lot width requirement of 80 ft. for the R-2 district. Is the petitioner seeking to add a request for deviation to this standard in the PUD Agreement Amendment? If so, please provide lot width, measured at the building setback line, for Lots #7, #8, #9, #19 and #20, so that staff may determine the minimum lot width deviation requested. c. Does the petitioner believe the maximum 45% lot coverage for the R-2 District can be met for this development or is a deviation requested for the PUD? 12. B-3 BULK REGULATIONS – Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following compares current B-3 General Business District standards with the proposed Planned Unit Development (PUD) for the commercial lots: B-3 Zoning Regulations Proposed Heartland Meadows West Min. Lot Area 10,000 sq. ft. ~31,700 sq. ft 2 Front Yard Setback 50 feet 18 feet Rear Yard Setback 20 feet 20 feet Side Yard Setback 20 feet Undetermined Corner Yard Setback 30 feet 30 feet Max. Lot Coverage 80% Undetermined Max. Building Height 80 feet Undetermined a. The proposed PUD does not meet the minimum front yard setback requirement of 50 ft. (assuming Blackberry Shore Lane is the front yard) for the B-3 district. Is the petitioner seeking to add a request for deviation to this standard in the PUD Agreement Amendment? b. For the bulk requirements listed as undetermined, staff asks the petitioner to verify they will or will not meet this standard. 1 Proposed minimum lot area is 5,851 sq. ft. Proposed maximum lot area is 9,220 sq. ft. Proposed average lot area is 7,241 sq. ft. 2 Proposed min. lot area is 31,725 sq. ft. Proposed max. lot area is 44,976 sq. ft. Proposed average lot area is 44,983 sq. ft. 7 13. ACCESS – As proposed, the site has three (3) points of access. Two (2) off of Blackberry Shore Lane for the commercial lots and one (1) off of Northland Lane for the residential lots. The access points off of Blackberry Shore Lane leads to off-street parking lots for the commercial uses. The access off of Northland Lane leads to an unnamed future public roadway ending into two (2) cul-de-sacs. a. Connectivity – It appears the proposed two (2) access points along Blackberry Shore Lane line up with the existing access points to Home Depot in the Kendall Marketplace development to the south. i. It is also noted that there are two (2) access points located at the rear of the commercial lots that connect to the future public roadway. These access points will be used by service vehicles (such as garbage trucks, delivery vehicles, and emergency services). There is no direct through-access from the commercial parking lots to the future public roadway serving the residential parcels. b. Cross Access/Shared Parking – According to Section 10-5-1-F of the Unified Development Ordinance, developments are encouraged to provide cross access between adjacent properties to reduce the number of access points on streets, promote shared parking, and allow vehicular movement between different land uses. Since the proposed commercial lots meet the criteria for shared parking, the developer is required to include cross access easements for the commercial parcels in the Final Plat of Subdivision. 14. PARKING - According to the Preliminary PUD Plan submitted, there are 132 total parking spaces to be provided on the property to accommodate the proposed four (4) commercial outlots as distributed by lot below: LOT # # of Parking Spaces Provided 21 33 22 27 23 26 24 46 TOTAL 132 a. Per Table 10-5-1(H)(5) Minimum Parking Requirements of the Yorkville Unified Development Ordinance, staff would classify the lots, for the purposes of off-site parking, as commercial retail/service uses less than 8,000 sq. ft., which requires a minimum of 0.3 parking spaces per 1,000 sq. ft. of net floor area (NFA). While there is no specific information provided as to the individual proposed buildings, certain allowed reductions to the required parking may be available once final use type is determined. i. A typical parking stall dimension should be provided on Final Plan. b. Additionally, per Section 10-5-1K-1 of the Unified Development Ordinance, the developer must install the infrastructure to accommodate a minimum of three (3) electric vehicle charging stations is required. 8 c. Off-Street Loading – Per Section 10-5-1-Q of the Unified Development Ordinance, the number of off-street shall be determined on a case-by-case basis, and in the instance of special uses (planned unit developments), loading berths adequate number and size to serve such use, as determined by the Zoning Administrators, shall be provided. What is the petitioner requesting as a minimum number of off-street loading space for the commercial buildings on the site? 15. PEDESTRIAN CIRCULATION – Per Section 10-5-1-N Pedestrian Circulation Standards of the Unified Development Ordinance required off-street parking areas to on-site pedestrian circulation systems and connection to existing and future planned trails. The site has an existing 10’ wide multi-use pedestrian/walking trail along Blackberry Shore Lane and sidewalk installed along the frontage of Northland Lane. a. Is the petitioner proposing to install sidewalk along Cannonball Trail? 16. DOUBLE FRONTAGE LOTS – Section 10-7-2-D of the Unified Development Ordinance states double frontage and reverse frontage lots shall be avoided, except where necessary to overcome disadvantages of topography and orientation, and where a limited access highway, railroad right-of-way, major street, or similar situation exists. a. However, double frontage lots are permitted when adjoining a local or collector road and providing Type C Transition Yard landscaping (see comments under Landscape Plan). 17. STREET DESIGN – Per Section 10-7-5-A of the Unified Development Ordinance, cul-de- sacs shall not exceed five hundred (500) feet in length, measured from the entrance to the center of the turn-around. a. The proposed primary cul-de-sac street length is approximately 500 feet, as measured by staff. The petitioner must verify or request deviation from this requirement. The secondary cul-de-sac street length is approximately 200 feet. b. Islands in the center of cul-de-sacs with a minimum radius of fifteen (15) feet shall be required. Islands shall use mountable curbing only that allows vehicular access to the islands. Islands may be planted with vegetation, however, such vegetation shall not exceed four (4) feet at maturity to allow for vision clearance across the cul-de-sac’s diameter. i. The radius of the primary cul-de-sac is 60’, the petitioner must acknowledge if an island is proposed for the primary cul-de-sac or if a deviation is requested. c. Local Residential Street Design shall have a minimum right-of-way width of 66’ and provide the following elements on both sides of the street: sidewalk, parkway, and on-street parking. 18. COMPREHENSIVE PLAN – The 2016 Comprehensive Plan Update designates this property as “Parks and Open Space” which is defined typically for a broad range of recreational activity, trails, and green space. However, in some instances, the Comprehensive Plan acknowledges, that open space designation may be reserved until future market demand could support commercial development. Further, the Comprehensive Plan encourages development that meets the needs of the aging population in Yorkville. Additionally, the recently adopted “Elevating Aging-in- Community/Lifecycle Living in Yorkville – A Strategic Guide” recommended the city pursue appropriate and affordable housing to support older residents staying in Yorkville. 9 a. Therefore, staff supports the proposed PUD and its consistency with the proposed underlining residential and commercial land uses as they are consistent with the previously approved Kendall Marketplace Planned Unit Development. PRELIMINARY PLAT OF SUBDIVISION COMMENTS: 19. PRELIMINARY PLAN APPROVAL – Per Section 10-8-6. Subdivision Procedures of the Unified Development Ordinance, approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) months. However, Section 10-8-8-H of the Unified Development Ordinance Expiration and Lapse of Approval states, any Planned Unit Development in which there has been no Building Permit issued nor any portion of the property platted after three (3) years since approval by the City Council, the Planned Unit Development shall be considered null and void and shall be brought back before the Planning and Zoning Commission and the City Council for consideration prior to any development on the property. The underlining zoning of the Planned Unit Development shall not expire, only the Planned Unit Development overlay shall expire. a. Therefore, staff interprets the expiration of the Preliminary PUD Plan is three (3) years after approval of the Planned Unit Development if no portion of the property is final platted. 20. STREET NAME – Per Section 10-8-6-C-6-c-(10) of the Unified Development Ordinance, the name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street, unless it is an extension thereof. a. Is the petitioner proposing a name for the future dedicated cul-de-sacs? LANDSCAPE PLAN COMMENTS: 21. LANDSCAPING – Section 10-5-3 establishes landscape standards for new developments. a. Per staff’s review, the following sections of the Landscape Plan would apply to the commercial lots: i. Section 10-5-3-C. Building Foundation Landscape Zone – Defer to engineer’s comments. ii. Section 10-5-3-D. Parking Area Perimeter Landscape Zone – Defer to engineer’s comments. iii. Section 10-5-3-E. Parking Area Interior Landscape Zone – Defer to engineer’s comments. iv. Section 10-5-3-F. Transition Zone Landscape Requirements - Transition zone landscape shall be required along interior side and rear property lines of all nonresidential, mixed use, and multi-family development. It is not expected that the transition area will totally screen such uses but rather will minimize land use conflicts and enhance aesthetics. 1. The rear of the double-frontage commercial lots shall provide a Type C Transition Yard along the primary cul-de-sac between the commercial and residential land uses as described below: 10 Type A (3)Type B (3)Type C (3)Type D (3) (a)Minimum Zone Width (1)8 feet 10 feet 15 feet 20 feet (b)Minimum Fence/Wall Height (2)optional optional 6 feet 6 feet (c)Understory Tree optional 3 4 5 (d)Canopy/Evergreen Tree 4 3 4 5 (e)Shurbs/Native Grasses optional 15 25 35 (3) Landscaping elements can be arranged to match to natural topography or natural features of the site and may be arranged in groupings to enhance site aesthetics as approved by the Zoning Administrator. (2) Fence or wall requirements may be satisfied by a solid evergreen hedge with a maximum height of six (6) feet, as approved by the Zoning Administrator. Table 10-5-3(F)(3) Transition Zone Types Specification Minimum Number of Landscape Elements per 100 Linear Feet Notes: (1) Required yard setbacks may be utilized for transition zone landscape. b. Per staff’s review, the following sections of the Landscape Plan would apply to the residential lots: i. According to Section 10-7-3-B-4-c of the Unified Development Ordinance, a minimum of one (1) canopy tree shall be planted per every 40 linear feet of parkway. ii. Parkway Trees – Section 10-7-3-B-4-c-1 of the Unified Development Ordinance allows for the substitution of up to 25 percent of the street trees to be planted on private property within the subdivision as long as the following is met: 1. The trees are located on the private property within the same subdivision as the parkway trees they will be substituted for. 2. Trees located within front yard of lot 3. The trees provided on the private property are provided in addition to any other landscape requirements. 4. The trees shall meet the planting specifications of Section 10-5-3-A of the Unified Development Ordinance. 5. The trees shall enhance the visual quality of the neighborhood and achieve the same visual effects as trees planted in parkways as 11 proposed by the developer and approved by the Zoning Administrator. iii. Developer shall provide the percentage of parkway trees proposed to be planted on private property for the residential lots. If amount exceeds 25%, a deviation in the PUD is required. 22. SIGNAGE – The petitioner has not provided a signage plan for the Heartland Meadows West development. a. Are monument signs proposed on the commercial and residential lots? i. If so, will they meet Chapter 6 – Sign Standards of the Unified Development Ordinance or will a deviation be needed? ii. Staff recommends a sign sample be presented for the commercial multi- tenant monument signs. Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: September 9, 2024 To: Krysti Barksdale-Noble (Community Development Director) From: James Jensen (Chief of Police) Reference: Plan Review: PZC 2024-21 List Project Name: Heartland Meadows West List Applicant Name: Greg Marker List Project Manager: Greg Marker List Project Location: 721 Blackberry Shore Lane, Yorkville, IL Please see comments listed below pertaining to the project referenced above: Signage Handicapped Signage Required: __X__ Yes ____ No **Signage must meet MUTCD Standards **Fine amount must be listed on sign Speed Limit Signage Required/Recommended __X__ Yes ____ No School Zone Special Signage ____ Yes ____ No Special Speed Zone Signage Requested ____ Yes ____ No Comments: Properly posted speed limit signs should be placed on Northland Lane and Blackberry Shore Lane, along with interior roadways of the development No Parking Signage Required? __X__ Yes ____ No __X__ No Parking After 2” Snow Fall No Parking Locations: Current no parking signs are posted along Northland and Blackberry Shore. These no parking zones should remain the same. Dedicated parking signage needed? ____ Yes __X__ No __X__ Located by Park – This development is located next to a park. Parking is allowed on the park side of the street and already posted. ____ School Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 ____ Common Parking Area Are there Street Name Conflicts? ____ Yes __X__ No Comments: Pedestrian/Bike Path Crossing Signage? __X__ Yes ____ No Comments: Proper signage should be included if a bike path will be added to the development. NO Construction Traffic Signage being requested? __X__ Yes ____ No Location: Construction traffic should be kept only to Northland Lane (entrance to development) and Blackberry Shore Lane. Construction traffic should not go into the subdivision. ***We request that all signage is posted prior to the first occupancy permit being issued for each POD or phase.*** ***All traffic control signage must conform to MUTCD Standards specific to location, size, color, and height levels*** Roadway Street Width: If parking is allowed on both sides of the roadway there needs to be room for vehicular traffic. Should parking be allowed on BOTH sides of road? ____ Yes ____ No Should parking be restricted to fire hydrant side? ____ Yes ____ No Center Roadway Medians: ____ Yes ____ No Limit Parking on Median? ____ Yes ____ No Signage Needed? ____ Yes ____ No Room for Emergency Veh. w/ one lane Obstructed? ____ Yes ____ No Do you have intersection Concerns? __X__ Yes ____ No Comments: Northland Lane can be very busy when there are games being played at the ball fields. Careful attention should be paid to signage and landscaping for site line issues. Landscape Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Low Growth or Ground Cover Landscaping? ____ Yes ____ No Low Growth or Ground Cover Landscaping by windows? ____ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances __X_ Yes ____ No ***Landscaping located near the entrance/exits should include ONLY low growth or ground cover so as to not obstruct site lines*** Ingress / Egress Entrance/Exits match up with adjacent driveways? ____ Yes __X__ No Total Entrance/Exits for development? __3__ Are vehicle entrance/exits safe? ____ Yes ____ No Are warning signs for cross traffic requested? __X_ Yes ____ No Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Concerns: __________________________________________________________ Emergency Contact for after hours during construction: __________________________ __________________________ Is this a gated or controlled access development? ____ Yes __X__ No If yes, will police & Fire and Access? ____ Yes ____ No Miscellaneous Individual Mailboxes? ____ Yes __X__ No Cluster Mailbox Kiosks? __X__ Yes ____ No Will this cause traffic choke points? __X__ Yes ____ No Comments: Will there be individual, or cluster mailbox kiosks being used? If they will be using cluster mailbox kiosks they should be placed so as not to disrupt the flow of traffic. Are sidewalks being planned for the development? __X__ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are sidewalk crosswalks needed? __X__ Yes ____ No Are there bike paths planned for the subdivision? ____ Yes __X__ No Proper Signage needed for bike paths __X__ Yes ____ No _X_ Stop Signs ____ Yield Signs _X_ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? __X__ Yes ____ No Comments: This is an age restricted HOA. City is responsible for roadways. Who is responsible for re-surfacing and re-striping? This is an age restricted HOA. All streets are maintained and plowed by the City of Yorkville. Security Will security cameras be in use? ____ Yes __X__ No Comments: Cameras can be installed by individual owners. Will the business/management provide the police department remote access to the camera system (User credentials only)? ____ Yes ____ No Comments: What are the business Hours of Operation? ____________________ Will the property be alarmed? ____ Yes ____ No Comments: Will you provide Floor Plans/Maps to the police department ____ Yes ____ No Comments: Will building floor plans be made available in case of an emergency for law enforcement use? Will a Knox Box be placed on Site? ____ Yes ____ No Location of Knox Box: Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 I hope you find this information helpful, and we look forward to reviewing the revisions. If you should have any questions, comments, or concerns please do not hesitate to contact me. Dated: December 8, 2023 STATE OF ILLINOIS COUNTY OF KENDALL ) COMMERCIAL PURCHASE AND SALE AGREEMENT THIS COMMERCIAL PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into this a3"'d day of Ja hU q n 4 2024 (the "Effective Date"), which shall be the date the last party executes this Agreement), by and between THE UNITED CITY OF YORKVILLE, ("SELLER") and HEARTLAND MEADOWS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY or Its Assignee to an Authorized Legal Entity to be created by PURCHASER ("PURCHASER"). SELLER and PURCHASER are sometimes collectively referred to as the "Parties." RECITALS : A. SELLER is the owner of certain real property located in the United City of Yorkville, Sections 17 and 20 of Bristol Township ( "Township"), Kendall County, Illinois,.as depicted in the attached legal description as Exhibit "A" approximately Eight Point Three 8.3)gross surveyed acres more or less of real property and identified as PIN:_02-20-351-006 as more accurately described in the legal description to be provided by survey and to be attached hereto as Exhibit "B" upon Agreement of SELLER'S and PURCHASER'S Counsel. The parcel of Real Property being sold herein is referred to as the "Subject Parcel" SELLER has agreed to sell that portion of the Subject Parcel exclusive of the trail along the southern border of the Subject Parcel, the remaining portion of the Subject Parcel hereinafter referred to as the"Subject Property" as depicted in the attached Heartland Meadows West Conceptual Site Plas as set out in the attached Exhibit "C" incorporated herein by reference to PURCHASER for the sum of Four Hundred Five Thousand Dollars ($405,000.00)the"Purchase Price". THEREFORE, in consideration of the mutual covenants and the undertakings described in this Agreement, and other good and valuable consideration, the receipt and adequacy thereof being expressly acknowledged, the Parties agree as follows: 1.Amement to Sell. SELLER agrees to sell, transfer and convey the Subject Property as set forth in paragraphs A and B above in exchange for the Purchase Price at Closing is set forth in paragraphs A and B above hereof and shall be paid at the Closing in wired funds. Initials 1 2. Earnest Money Deposit. On or prior to the seventh (7'h) business day after the Effective Date, PURCHASER shall make a deposit in the form of Cashier's check from PURCHASER, in the amount of Twenty Five Thousand Dollars ($25,000.00) ("Earnest Money Deposit") to Chicago Title Company, Yorkville, Illinois office ("Title Insurer"), which shall be held in Strict Joint Order ("SJO") escrow by the Title Insurer. Upon expiration of the Platting/Entitlement Period (defined in Section 8 ), provided PURCHASER has not terminated this Agreement as permitted herein, and Seller has not otherwise defaulted and failed to cure its default,the Earnest Money Deposit shall become non-refundable and applicable as a credit against the Purchase Price. 3. (a) Due Diligence Materials. Within Fourteen (14) Business days from the Effective Date, SELLER shall, at SELLER's expense, provide PURCHASER a copy of all documents relating to the Subject Property that are in the possession of SELLER, its agents, attorney and consultants including, but not limited to, any reports, investigations, studies, plans or documents pertaining to the Subject Property in SELLER's possession (the "Due Diligence Period"). b) Site Access. PURCHASER shall be granted reasonable access to the Subject Property during the term of the Agreement to obtain soil tests, engineering studies, environmental (hazardous waste) study, and archeological study. Copies of all reports shall be provided to SELLER within Thirty(30)business days of receipt by PURCHASER of each report. Prior to entry of PURCHASER or its agents, employees, or subcontractors on the Subject Property, PURCHASER shall provide SELLER or SELLER's Attorney a Certificate of Insurance for at least One Million Dollar 1,000,000.00) Liability Insurance naming SELLER as a party insured for Liability purposes in regard to any onsite testing or investigations. 4.Evidence of Title. Within Fourteen (14) Business days from the Effective Date, SELLER shall deliver to PURCHASER a commitment for a Chicago Title ALTA Owner's Title Insurance Policy ( "Commitment"), issued by the Title Insurer in an amount equal to the Purchase Price, naming PURCHASER as the proposed insured and identifying the condition of title to the Subject Property, together with legible copies of all the instruments and documents referenced in the Commitment and all Schedule B documents and including but not limited to all easements which are appurtenant to or burden the Subject Property. 5.Survey. SELLER shall provide PURCHASER with a Current ALTA Extended Coverage Survey within 30 business days of SELER'S written acceptance of this Agreement. The ALTA Survey to be made in accordance and in compliance with the most current ALTA/ ASCM Urban Land Survey Standards and containing Table A Option Numbers 1,2,3,4,6, 7(a), 7(b), 7(c), 8, 9, 10, 11, 11(a), 1 I(b), 13, 14, 15 and 16 ("New Survey"). The New Survey shall be sufficient to cause the Title Company to delete the standard printed survey exception and to issue an owner's title policy free from any survey objections other than the Permitted Exceptions. The certification on the Survey shall run to the benefit of the PURCHASER,Title Company,PURCHASER's Lender and SELLER. 6.Permitted Exceptions. PURCHASER shall have twenty-one days (21) from receipt of the ALTA Survey and the Commitment, including all Schedule documents referenced I Initials 2 therein("Title Review Period")to review the Survey,the Commitment and all instruments and documents referenced in the Commitment.Permitted Exceptions shall include a limitation on the permitted commercial uses of any portion of the Subject Property as mutually agreed by the Seller and Purchaser and a covenant permitting use of the area of the Subject Property designated for parking for activities in the adjoining park area so long as such use does not interfere with the hours of operation of any business located at the Subject Property. Prior to expiration of the Title Review Period,PURCHASER or PURCHASER's attorney may deliver to SELLER a written objection as to item(s)identified(or which the Title Insurer or surveyor failed to identify) in the Commitment("PURCHASER's Objection Letter "), SELLER shall have five (5) days from its receipt of PURCHASER's Objection Letter to notify PURCHASER by written notice( "SELLER Objection Response ") as to whether or not SELLER has elected either (i) to cure any title defects or unpermitted exceptions identified in PURCHASER's Title Notice,or(ii)to cause the Title Insurer to insure the title defects or unpermitted exceptions identified in PURCHASER's Objection Letter in a manner satisfactory to PURCHASER. Any items not raised in PURCHASER's Objection Letter shall be deemed Permitted Exceptions."If Seller elects,not to cure any matter objected to in the PURCHASER's Objection Letter,then PURCHASER shall have five(5)business days thereafter to notify SELLER by written notice an "PURCHASER's Title Waiver Notice")as to whether PURCHASER has elected either(i)to waive its objection or objections to the matter or matters not being cured by SELLER, without reduction of the Purchase Price,or(ii)to terminate this Agreement,in which event the Initial Deposit(which has not yet been applied as no closing shall have occurred)shall be promptly returned to PURCHASER. If PURCHASER fails to deliver PURCHASER's Title Waiver Notice,such failure shall be deemed a waiver of such objections and such exceptions shall become Permitted Exceptions. 7.Feasibility Period PURCHASER may terminate this Agreement without fault if it is unable to obtain Zoning, Preliminary Platting approval, and Final Plat Approval within the Platting/Entitlement Period granted herein under Paragraph 3-8 of this Agreement. In the event PURCHASER is able to obtain Zoning and Final Plat Approval granting Entitlements by the United City of Yorkville in order to allow development of the Subject Property in substantial conformity with the Conceptual Site Plan of PURCHASER, incorporated herein as Exhibit "C" as requested for the Subject Property, PURCHASER shall be irrevocably required to purchase the Subject Property. PURCHASER shall use its best efforts to seek approval of its entitlement requests with the United City of Yorkville.Commencing on the Effective Date through the date five (5) months after the Effective Date ("Feasibility Period") the PURCHASER shall be entitled to satisfy itself in its sole discretion, that the Property may be used for PURCHASER's intended purpose,including without limitation, PURCHASER's right to reasonable access to the Property for the purpose of inspecting the physical condition of the Property and obtaining all required third party zoning, Preliminary and Final Platting approval and governmental permits and approvals from any applicable governmental body including but not limited to the United City of Yorkville,Yorkville School District,County of Kendall Stormwater Department,Bristol-Kendall Fire Department,and Illinois EPA. 8.Platting/Entitlement Period. PURCHASER shall file a Petition for Zoning& Site Plan Approval of Preliminary Engineering and a Preliminary Plat, solely at PURCHASER's expense, within thirty(30)days after the expiration of the FeasibilityPeriod,then PURCHASER shall thereafter have one hundred eighty (180) days (the "Platting/Entitlement Period") to obtain approval of Zoning, Final Engineering and a Final Plat of Subdivision from the United City of Yorkville for development of the Subject Property with the following conditions: Initials 60 / 3 A. That the Site Plan shall permit the development of up to 4 separate lots for commercial purposes as set out in the attached Exhibit "C". The individual parking lots to be maintained by the Association of the 4 lots in proportion to the parking area within the lot lines of each individual, or combined lot. To conform to that request,PURCHASER shall create a Business Owner's Association in conjunction with Final Plat Approval providing for Cross Access Easements to each of the commercial areas, and cross parking agreements for the benefit of the 4 commercial lots. B. That the Zoning Class attributable to the commercial area shall be in substantial conformity with the United City of Yorkville B-3 Zoning District in order to permit building of office buildings, restaurants, or any other permitted or Special Use within the B-3 Zoning Classification or the less intense zoning classifications under the United City of Yorkville Unified Development Ordinance for 13-1 and B-2 purposes. The parties hereto acknowledge that the original Subdivision was planned and engineered for development with substantially the same lot coverage proposed in Exhibit "C" and that no additional detention or retention requirements other than connecting to current out lot storm ponds and current storm sewer installation to which the United City of Yorkville can grant access to Purchaser shall be required for development of the commercial or residential proposed on Exhibit "C"hereto. C. The parties agree that the City shall lock current existing City water and sanitary sewer connection tap on fees as are in effect as of December 1, 2023 for five (5) years following the date of City Council approval of the final plat of the Subject Property as outlined in Exhibit "C". D. That the residential proposed lots in the attached Exhibit "C" will be governed by Covenants and a Planned Unit Development Agreement limited to a 55 year and older active adult community. The lot sizes will conform at least to the minimum lot size and setback requirements that PURCHASER has used in a related Development that has been partially built out in the United City of Yorkville and known as Heartland Meadows. PURCHASER may terminate this Agreement if it is unable to obtain Zoning Approvals within the Platting/Entitlement Period, by providing SELLER with written notice of termination on or before the expiration of the Platting/Entitlement Period, in which event the Earnest Money shall be released to PURCHASER and the parties shall have no further rights or obligations under this Agreement, with the exception of any surviving obligations of either party hereunder this Agreement, including but not limited to PURCHASER's restoration and indemnity obligations, which shall survive. If PURCHASER does not provide SELLER with written notice of termination on or before the expiration of the Feasibility Period. If PURCHASER is satisfied with the Subject Property, it will deliver its Notice of Suitability ("NOS")prior to the expiration of the Feasibility Period. Initials 4 PURCHASER will also have the Platting Entitlement Period to commence and pursue all approvals from the United City of Yorkville and any other applicable authorities which are necessary to construct PURCHASER's intended improvements. PURCHASER's obligation to purchase the land is contingent upon receiving Final Site Plan/Final Plat approval from the United City of Yorkville along with zoning approvals including, without limitation, rezoning and/or re-platting of the Subject Property (if necessary), site plan approvals, fee verification, public financing assistance including, without limitation, department of transportation approvals, and applicable wetland/floodplain authority approvals. In the event that PURCHASER does not proceed with the purchase of either parcel, PURCHASER shall tender to SELLER at no cost all surveys,topography, environmental studies,drawings,evaluations of any kind and government agency reports of any kind obtained by PURCHASER during the Feasibility Period or platting entitlement period other than proprietary financial information at no cost. Closing to occur within ninety (90) days after receipt of the final site plan approval, Final Engineering and Final Plat approval. 9. Conditions to Closing.Without limiting any of the other conditions to the Closing, the obligations of PURCHASER at closing under this Agreement is subject to the satisfaction of the following conditions ("Closing Conditions") as of the Closing Date any of which may be waived by PURCHASER: A. All of the representations and warranties made by SELLER set forth in this Agreement shall be true and correct in all material respects when made. SELLER shall recertify its representations and warranties as of each Closing Date. B. SELLER shall have performed,observed and complied in all material respects with all covenants and agreements required by this Agreement to be performed by SELLER at or prior to such Closing including,without limitation,delivery of all of documents required to be delivered at Closing by SELLER. 10. Closing Deliveries. At Closing the Parties shall execute the following documents and take the following actions: A. Payment of Purchase Price. PURCHASER shall pay to SELLER the Purchase Price for the Subject Property plus or minus applicable adjustments and prorations under this Agreement. B. Warranty Deed. SELLER shall deliver to PURCHASER a fully executed and recordable warranty deed for the Property to be purchased at Closing, conveying title to the Subject Property, subject only to the Permitted Exceptions including items set forth in Paragraph 6, the applicable City Zoning Ordinance and encumbrances that have accrued due to the acts or omissions of PURCHASER. The warranty deed shall be accompanied by an Illinois real estate transfer tax valuation affidavit ("PTAX-203"), as the purchase price is not to be reflected on the warranty deed. SELLER shall be responsible for preparation of the PTAX-203, the accuracy of all information contained therein and any supplements thereto that may be required. SELLER shall indemnify, defend and hold harmless PURCHASER from and against any and all claims, liabilities, losses, causes of action, damages, costs or expenses including court costs and reasonable attorney fees incurred by PURCHASER as Initials 5 a result of any failure to pay or accurately report Illinois real estate transfer taxes due as a result of PURCHASER's purchase of the Subject Property. The Parties acknowledge that No Revenue Stamps shall be required to be obtained or paid for by either Party since a sale from a Governmental Entity is Exempt under Illinois Compiled Statutes 200/31-45(b). C. Non-Foreign Person Affidavit. SELLER shall furnish to PURCHASER with an affidavit stating that SELLER is not a "foreign person" within the meaning of IRC Section 1445(f) 3), as amended. D. Closing Statement. SELLER and PURCHASER shall execute a closing statement showing the Purchase Price for the real property being acquired at Closing together with all prorations, adjustments and credits, if any, as required under this Agreement. SELLER shall pay for the Owner's Policy. PURCHASER shall pay for recording of the deed and mortgage and the costs of any title endorsements requested by PURCHASER, including any lender's title policy. Title Company closing fees, including any escrow fee, shall be split evenly between the Parties. There is no municipal transfer tax to be paid at a Closing. E. Title Insurance Policy. SELLER shall order and pay for, and Chicago Title Insurance Company shall be prepared to issue, an owner's policy of title insurance subject only to the Permitted Exceptions in an amount equal to the Purchase Price (with extended coverage) with respect to the applicable Property to be purchased at Closing and provide to the Title Company such documents that may reasonably be requested by the Title Company to satisfy any of the Schedule B requirements applicable to SELLER. PURCHASER shall be responsible to pay the cost of any title company endorsements excluding extended coverage that PURCHASER requests or requires; or that are required by PURCHASER's Lender, if any. F. Affidavit of Title. The SELLER shall execute a standard "Affidavit of Title." G. certificate stating that no financing statements executed by or on behalf of Seller have been filed against the Premises since the date of the most recent UCC searches delivered by Seller to Buyer hereunder; H. evidence of any notices, reports or registrations received from or delivered to the Illinois State Fire Marshall under any regulations for Underground Storage Tanks and/or any other federal, state or local health and safety regulations; I. Further Assurances. The parties shall execute such additional documents and instruments and take such further actions as may be reasonably requested by either party or necessary to complete the purchase and sale of the real property at each Takedown in accordance with this Agreement. 11. Real Estate Tax Prorations . Real Estate taxes shall be prorated at 105% of the last year's tax bill if any. 12. Possession. At closing, SELLER shall deliver to PURCHASER exclusive physical possession of the real property that is acquired by PURCHASER, free and clear of any rights or claims of possession by SELLER or any third party. Initials 6(K / 6 13. Permits, Fees; Plans and Elevations: PURCHASER shall pay any zoning application fees, studies, or engineering drawings with regard to the development Property. PURCHASER shall hold SELLER harmless form payment for any fees or costs for entitlement and permitting matters with respect to the Subject Property which result from or are based on any such zoning or entitlement requests by or approvals obtained by Purchaser. SELLER hereby consents to the right of PURCHASER to file for any necessary Zoning/Platting/Review Requirements as a Contract Purchaser once SELLER executes its acceptance of this Contract in writing. 14. SELLER's Representations, Warranties and Covenants. SELLER represents, warrants and covenants to PURCHASER the following: A. Power and Capacity. SELLER has the full power, capacity and legal right to execute and deliver this Agreement and sell the Subject Property to PURCHASER pursuant to the terms of this Agreement. The execution, delivery and performance of this Agreement and the obligations undertaken by SELLER under this Agreement have been duly authorized by all necessary action, and this Agreement has been executed by a duly authorized representative of SELLER and constitutes a valid and binding obligation of SELLER, enforceable in accordance with its terms. At all times during the term of this Agreement, SELLER shall not transfer any portion of the Subject Property or grant or permit any easements, liens, mortgages encumbrances or other interests with respect to the Real property without PURCHASER's prior written consent. B. Contractual Obligations. The execution and delivery of this Agreement, and the performance by SELLER of any and all transactions contemplated by this Agreement, will not breach any contractual covenant or restriction between SELLER and any third-party affecting the real property. C. Condemnation Proceedings: Special Assessments. SELLER has neither received written notice nor has actual knowledge of any condemnation or eminent domain proceeding regarding any of the Subject Property and has not entered into any negotiations for the disposition of any of the Subject Property in lieu of the commencement of condemnation or eminent domain proceedings and,to SELLER's actual knowledge,without duty of inquiry,there are no proceedings pending before any governmental agency to impose a special assessment or other public authority charge against all or any of the Real property. D. Litigation. There is no pending or, to the best of SELLER's actual knowledge, threatened litigation, administrative action or examination, claim or demand relating to the Real property, or any pending or threatened exercise of the power of eminent domain, condemnation proceeding or other, governmental taking with respect to all or any part of the real property. No notice of default under laws, ordinances, rules and regulations of any governmental authority having jurisdiction over the real property, or any like agreement, has been issued or threatened to SELLER. E. Condition of the Property.PURCHASER acknowledges that the Subject Property is being purchased in an "AS IS" condition and SELLER is not making any representation as to the condition of the Property; except as previously stated herei Initials 7 F. Existing Due Diligence Materials. The Existing Due Diligence Materials are all of the surveys, plats, agreements, declarations, ordinances, soil reports, notices, environmental studies or other report prepared for SELLER that SELLER has in its possession or control. To the best of SELLER's knowledge, the Existing Due Diligence Materials are copies of the original documents in the SELLER's possession. G. Environmental. To the best of SELLER's knowledge, no hazardous substances are located on or have been stored,generated,used,processed or disposed of on or released or discharged from(including ground water contamination)the Real property or the Subject Property,and no above ground or underground storage tanks exist on or have been removed from, the Subject Property. Anything in this Agreement to the contrary notwithstanding, it is expressly understood and agreed that PURCHASER does not assume or agree to be responsible for, and SELLER hereby agrees to defend, indemnify and hold PURCHASER harmless from and against any and all claims,obligations and liabilities and all costs, expenses and attorney's fees incurred based upon or arising out of any obligation, liability, loss, damage or expense, of whatever kind or nature, contingent or otherwise, known or unknown, incurred under,or imposed by, any environmental laws with respect to a Subject Property prior to the Closing and the Subject Property. SELLER's obligation to indemnify PURCHASER with respect to environmental matters shall expressly survive termination of this Agreement in accordance with Section 24 of this Agreement. H. The Subject Property is currently tax exempt and no action has occurred to alter the tax exempt status. I. To the best of SELLER's knowledge and SELLER has received no Notices Ordinances or other notifications of any obligations in connection with the Subject Property or any so-called "recapture agreement" involving refund for sewer extension, over sizing utility lines, lighting, roadway or like expense or charge for work or services done upon or relating to the Subject Property which will bind PURCHASER or the Premises from and after the Closing Date. J. All United City of Yorkville Service Contracts,management contracts, and leases with respect to the Property shall be terminated at or prior to closing. 15. PURCHASER's Representations, Warranties and Covenants. PURCHASER represents, warrants and covenants to SELLER as follows: A. Due Organization. PURCHASER is a legal entity duly organized and in good standing under the laws of the State of Illinois. B. Power and Capacity. PURCHASER has the full power, capacity, authority and legal right to execute and deliver this Agreement and to perform its obligations under this Agreement. C. Due Authorization. This Agreement has been duly authorized, executed and delivered by PURCHASER and constitutes the legal, valid and binding obligation of Initials NA / 8 PURCHASER, enforceable in accordance with its terms. Prior to Closing, any and all documents required by this Agreement to be executed and delivered by PURCHASER shall have been duly authorized, executed and delivered by PURCHASER, and all such documents shall contain legal, valid and binding obligations of PURCHASER enforceable in accordance with their terms. 16. Signage. Signage mutually acceptable to SELLER and PURCHASER may be erected at PURCHASER's expense on the Subject Property. SELLER agrees to allow signage to be installed at the close of Feasibility Period provided that any such signage shall be in conformity with any applicable United City of Yorkville Unified Development Ordinance. 17. Real Estate Commission. The Parties hereto acknowledge that NO Real Estate Brokerage Commission or Property Manager payment is due to any Third Party that arises out of this transaction. 18. Condemnation. In the event that notice of any action, suit or proceeding shall be given for the purpose of condemning all or any portion of the Subject Property prior to the date such real property has been conveyed to PURCHASER, then PURCHASER's rights and obligations under this Agreement with respect to such real property shall terminate, and the proceeds resulting from the condemnation shall be paid to SELLER. 19. Default. A.PURCHASER Default. If PURCHASER fails to purchase the Subject Property according to the terms of this Agreement, the SELLER shall provide PURCHASER written notice of said default("SELLER Default Notice").PURCHASER shall have thirty(30)days from its receipt of the SELLER Default Notice ("Cure Period") to cure or to substantially commence a cure of the default(s) identified in the SELLER Default Notice. SELLER shall have the right to terminate this Agreement if PURCHASER fails to cure or substantially commence a cure of the default identified in the SELLER Default Notice during the Cure Period. In the event of the termination of this Agreement, SELLER shall retain the any earnest money being held by Title Insurer at the time of such respective default by PURCHASER. Retention of the earnest money shall be deemed liquidated damages as SELLER'S sole and exclusive remedy that Parties agree that the damages suffered by SELLER would be speculative and difficult to ascertain and not a penalty, and the Parties shall have no further rights or obligations under this Agreement, with the exception of obligations which expressly survive termination. B.SELLER Default. If SELLER defaults in the performance of its obligations under this Agreement, and such default is not cured or SELLER has not substantially commenced a cure within thirty(30)days from SELLER's receipt of written notice from PURCHASER, PURCHASER may at Its discretion either (i) terminate this Agreement by written notice to SELLER, in which event the Earnest Money shall be returned to PURCHASER; or commence an action under Illinois law to specifically enforce this Agreement Thereafter neither party shall have any further claims or obligations hereunder, except such obligations as are herein expressly made to survive such termination; or(ii) seek specific performance of this Agreement. 20. No Joint Venture. (a) Neither Party is the agent,partner or joint venture partner of the other; neither Party has any obligation to the other except as pecified in this Agreement. Initials 1 9 21. Non-Waiver. The failure of either Party to complain of any act or omission on the part of the other Party, no matter how long it may continue, shall not be deemed to be a waiver by any Party to any of its rights hereunder except as expressly provided for in this Agreement. 22. Third Party Rights. No Party other than SELLER and PURCHASER and their successors and assigns, shall have any right to enforce or rely upon this Agreement, which is binding upon and made solely for the benefit of SELLER and PURCHASER, and their respective successors or assigns, and not for the benefit of any other Party. 23. Survival. The representations, warranties and covenants contained in this Agreement shall survive a Takedown with respect to such Property acquired in each respective Takedown for a twelve (12) month period thereafter and shall not merge upon the delivery of the warranty deed for the Property. 24. Time. TIME IS OF THE ESSENCE OF ANY AND ALL UNDERTAKINGS AND AGREEMENTS OF THE PARTIES HERETO. 25. Notices. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the addresses set forth below. Any such notices shall be either (i) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such courier, (ii) sent by email, in which case notice shall be deemed delivered upon transmission of such notice, or (iii) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery. A party's address may be changed by written notice to the other parry;provided,however, that no notice of a change of address shall be effective until two (2) Business Days following actual receipt of such notice. The Parties agree that the attorney for each respective party has the authority to send and receive notices on behalf of such party. If To SELLER: United City of Yorkville Attn: 651 Prairie Pointe Drive Yorkville, IL 60560 Telephone: 630-553-4350 E-mail: With a copy to:Attorney Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard, Suite 350 Naperville, Illinois 60563 0:312-382-2113, C: 708-267-6244 11,i,( r l;ottosenlaw.com If To PURCHASER: Heartland Meadows, LLC, An Illinois Limited Liability Company 608 E. Veterans Parkway Yorkville, Illinois 60560 Telephone: 630-553-3322 Email No:7r L rr u tt Initials 10 With a copy to:Daniel Kramer The Law Office of Dan Kramer 1107A South Bridge Street Yorkville, IL. 60560 Telephone: 630-553-9500 Email: dkramcr("cudankrartierlaw.coni Any party to this Agreement may at any time change the address for notices to that party by giving notice in this manner. 26. Days. Whenever this Agreement requires that something be done within a specified period of days, that period shall (i) not include the day from which the period commences, (ii) include the day upon which the period expires, (iii) expire at 6:00 p.m., local time in the jurisdiction in the where the Property is located on the day upon which the period expires, and (iv) unless otherwise specified in this Agreement,be construed to mean calendar days;provided,that if the final day of the period falls on a Saturday, Sunday or legal holidays,which shall include but not be limited to December 24, 25 and January 1, the period shall extend to the first business day thereafter. As used in this Agreement, "business day" means each day of the year other than Saturdays, Sundays, legal holidays and days on which national banks in the location where the Subject Property is located are generally authorized or obligated by law to close. 27. Severability.If one(1)or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained within the body of this Agreement. 28. Entire Agreement, This Agreement embodies the entire understanding between the Parties with respect to the transaction contemplated herein and all prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded by and merged into this Agreement. Neither this Agreement nor any of its provisions may be waived,modified or amended except by an instrument in writing signed by the party against which enforcement is sought, and then only to the extent set forth in that instrument. 29. Governing Law. This Agreement shall be governed by and construed in accordance with the provisions of the laws of the State of Illinois. Kendall County shall be the agreed venue for any action with respect to the subject matter hereof. 30. Captions; Agreement Preparation. Captions to paragraphs and sections of this Agreement have been included solely for the sake of convenient reference and are entirely without substantive effect. Each of the Parties has joined in and contributed to drafting this Agreement, and the Parties agree that there shall be no presumption favoring or burdening any one or more Parties based upon draftsmanship. 31, Successors and Assigns. Either party shall be entitled to assign its rights or obligations under this Agreement without the consent of the other arty so long as such assignment is to entity which is controlled or is a parent entity exercising c pl over such party. Any other Initials 11 assignment shall require the consent of the other party, which consent shall not be unreasonably withheld. Subject to the foregoing, this Agreement shall be binding upon, and its benefits shall inure to, the Parties hereto and their respective heirs, personal representatives, successors and assigns. 32. Counterparts; Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement. The signature of any party to any counterpart shall be deemed to be a signature to, and may be appended to, any other counterpart. For purposes of this Agreement, a facsimile signature or electronic copy of a signature shall be deemed the same as an original. 33. Confidentiality. Except to the extent that either party needs to disclose financial terms of this agreement to professionals bound by privileged to their respective client or a Lender, the parties shall keep all financial and closing terms of this Agreement confidential between they and their retained experts. 34. Illinois Bulk Sales. SELLER warrants to PURCHASER that it has no obligation to comply with the Illinois Bulk Sale Act in that the subject Real Estate Sale does not comprise a significant portion of the SELLER's real property; or result in a transfer of SELLER's Business. 35. Time. SELLER and PURCHASER agree that time is of the essence and that failure of either party to strictly comply with the time limitations contained herein shall be considered as a default unless provided otherwise herein or unless expressly waived in writing by agreement of the non-defaulting party. 36. Counterpart/PDF Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. Further this Agreement may be executed by PDF attached to email transmission and such PDF signatures shall be valid and binding for all purposes when transmitted to the other party. Notwithstanding the foregoing, each party signing by PDF agrees to provide the other with an original signature hereon within two (2)business days of its execution of this Agreement. Initials J 12 Signature Page Follows Initials 13 THIS AGREEMENT has been executed by the SELLER hereto on the date set forth below. SELLER" United City of Y 11 By. Mayor Attest: Si t Clerk Dated: Initials 14 THIS AGREEMENT has been executed by the PURCHASER hereto on the date set forth below. PURCHASER" HEARTLAND MEADOWS, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY By: A--., Its:Agent Dated: • Initials 15 Initials 16 Exhibit"A" Legal Description Lot 22 in Kendall Marketplace,being a Subdivision of part of the Southeast Quarter of Section 19, the South Half of Section 20, and the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, in the United City of Yorkville, Kendall County, Illinois. PIN: Part of 02-20-351-002 Address: Part of the land located at the Northwest Corner of Route 34 and Cannonball Drive, Yorkville, Illinois. Initials 17 Heartland ;- .eadows 4 R 51710 I 1 f3 14 15 , 18 2 1 1 E11112 i 20 41 i i b1Yl Y/1a D'Ol4M4j 1 24 23 n 11 BLACKBERRY SHORE LANE r Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7710676 Purchase Order: State of Illinois - Kendall Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 10/18/2024, and the last publication of the notice was made in the newspaper dated and published on 10/18/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Oct 18, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 19th Day of October, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #2 Tracking Number PZC 2024-25 & EDC 2024-85 PZC 2024-25 UDO Chapter 5 Development Standards Fences (Text Amendment) City Council – January 14, 2025 PZC – 12/11/24 Moved forward to City Council agenda. PZC 2024-25 & EDC 2024-85 Approval Text Amendment to Unified Development Ordinance regarding permitted materials in residential districts Sara Mendez Community Development Name Department Majority 1 SUMMARY: A request to amend Section 10-5-5. Fences in the Unified Development Ordinance regarding the permitted materials for fences in the City’s residential districts. The proposed amendment would allow for vinyl coated chain-link fences to be a permitted material in the rear and side yards only in residential districts, where now vinyl coated-chain link fences are solely permitted in the rear and side yard only on properties in nonresidential districts. PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on December 11, 2024 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Section 10-5-5 Fences in the Unified Development Ordinance to allow vinyl coated chain link be listed as an acceptable fence material in the rear and side yard only in all zoning district as presented in a staff memorandum dated December 4, 2024. Action: Vinyard-aye, Forristall-aye, Hyett-aye, Crouch-aye, Linnane-aye. 5 ayes; 0 nays Attachments 1. Draft Approving Ordinance 2. Proposed redlined amendments to Section 10-5-5 Fences in the Unified Development Ordinance 3. Page 123 of 2015 Zoning Ordinance 4. Public Hearing Notice Memorandum To: City Council From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: December 4, 2024 Subject: PZC 2024-25 UDO Chapter 5 Development Standards (Fences) Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED DEVELOPMENT ORDINANCE REGARDING FENCE STANDARDS 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 10-8-11 of the United City of Yorkville Unified Development Ordinance (“UDO”) the City may initiate amendments to the Zoning Ordinance; and WHEREAS, the City filed a request seeking an amendment to the UDO to permit vinyl coated chain link fences on residential properties; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on December 11, 2024 to consider the request and forward a recommendation to the City Council to approve the requested text amendment. 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 above recitals are hereby incorporated and made a part of this Ordinance. Section 2. That Section 10-5-5 Fences of the United City of Yorkville Unified Development Ordinance, specifically 10-5-5(A)(4)(h) regarding vinyl coated chain-link fences, is hereby amended as attached hereto and made a part hereof as Exhibit A. Section 3. This ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. [Remainder of page intentionally left blank. Roll call vote follows.] Ordinance No. 2025-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK United City of Yorkville Chapter 5. Development Standards Unified Development Ordinance Update Page 39 of 46 Fences A.Regulations for All Zoning Districts. 1. Fences thirty-six (36) inches or more in height require a building permit. 2. All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected. 3. No more than two (2) different types of fencing material are permitted per lot. 4.Materials.The materials listed below are acceptable for a fence in any district unless specific districts are specified in in this subsection. These materials are an example of acceptable fencing. The Zoning Administrator has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. a. Stone, b. Brick, c. Natural rot resistant wood (cedar, cyprus, redwood), d. Cast or wrought iron, e. Plastic, f. Aluminum, g. Composite wood and plastic, h. Vinyl coated chain-link (rear and side yard only in all zoning districts on properties in nonresidential districts). i. Galvanized chain-link (only on M-1 or M-2 properties adjacent to other M-1 or M-2 property). B.Placement. 1. Fences may be built up to the property line but shall not extend beyond the front plane of the primary building facade in residential and business districts and must be located entirely on the property of the owner constructing it. 2. Fences may be constructed within an easement, though future work within the easement may result in the removal of the fence. Fences are not allowed in some types of restricted easements, such as those dedicated for landscape, sidewalks, trails, access or where otherwise limited by an easement document. 3. The property owner is responsible for locating property lines, prior to the installation of the fence. 4. Fences, walls, or hedges shall not encroach on any public right-of-way. 5. It shall be the responsibility of the property owner to ensure that a fence does not block or obstruct the flow of stormwater. 6. All solid fences, walls, hedges, or shrubberies which exceed three (3) feet above the street grade shall comply with the vision clearance standards of Section 10-5-6 of this title. C.Prohibited Fences. 1. Fences or enclosures charged with or designed to be charged with electrical current are prohibited, except for underground dog fences. 2. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited. United City of Yorkville Chapter 5. Development Standards Unified Development Ordinance Update Page 40 of 46 3. No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items as determined by the Zoning Administrator. D. Height. Except as otherwise permitted in this title, annexation agreements, planned unit developments or any other development related agreements or ordinances, fences shall not exceed the maximum height as listed in Table 10-5-5(D) of this section. Front Yard Corner Side Yard Interior Side Yard Rear Yard Residential Districts 3 feet 1 6 feet 6 feet 2 6 feet 2 Business Districts 3 feet 1 6 feet 6 feet 2 6 feet 2 Manufacturing District 8 feet 8 feet 8 feet 8 feet Public Uses and Utilities 8 feet 8 feet 8 feet 8 feet 2. Fence may be a maximum of eight (8) feet in height if in a residential district and adjacent to a nonresidential use or in a business district and adjacent to a residential use. District/Use Table 10-5-5(D) Fence Height Standards Maximum Height per Yard Notes: 1. Fence may be a maximum of four (4) feet in height if opacity does not exceed fifty (50) percent. Chapter 17: Fencing and Screening E. Regulations for Residential Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.01. 2. Materials The following materials are acceptable for any residential district fence: ͻ Stone ͻ Brick ͻ Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) ͻ Cast or Wrought Iron ͻ Plastic ͻ Aluminum ͻ Composite Wood and Plastic ͻ Vinyl Coated Chain Link (rear and side yard only) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. F. Regulations for Business Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.02. Table 10.17.02 Business District Fence Heights Yard Maximum Height Front Yard 3Feet 4 Feet if at least 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a residential use Corner Side Yard 3Feet 4 Feet if at least 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a residential use 2. Materials The following materials are acceptable for any business district fence: ͻ Stone ͻ Brick ͻ Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) ͻ Cast or Wrought Iron ͻ Plastic ͻ Aluminum ͻ Composite Wood and Plastic ͻ Vinyl Coated Chain Link (rear and side yard only) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. Table 10.17.01 Residential District Fence Heights Yard Maximum Height Front Yard 3Feet 4 Feet if at a maximum 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a non-residential use Corner Side Yard 3Feet 4 Feet if at a maximum 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a non-residential use [ United City of Yorkville Zoning Ordinance ] [ 123 ] 1 SUMMARY: A request to amend Section 10-5-5. Fences in the Unified Development Ordinance regarding the permitted materials for fences in the City’s residential districts. The proposed amendment would allow for vinyl coated chain-link fences to be a permitted material in residential districts, where now vinyl coated-chain link fences are solely permitted in the rear and side yard only on properties in nonresidential districts. BACKGROUND: The City’s Community Development Department has been receiving several inquires from residents requesting vinyl coated chain link be a permitted fence material on their property. However, due to the City’s current standards, the vinyl coated chain link material is not permitted. In the City’s 2015 Zoning Ordinance, vinyl coated chain link was listed an acceptable material for fences on residential properties in the rear and side yard only. Therefore, residents are strongly urging the City to consider reverting the ordinance back to allow vinyl coated chain link be listed as an acceptable fence material in the rear and side yard of their properties. Below is an image of the 2015 Zoning Ordinance showing the list of permitted materials in residential districts. In the summer of 2019, the City began updating its zoning and development controls to make them more user-friendly, modern, and aligned with the community’s vision for the future, as outlined in the 2016 Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: December 4, 2024 Subject: PZC 2024-25 UDO Chapter 5 Development Standards (Fences) 2 Comprehensive Plan. To support this effort, the Unified Development Ordinance (UDO) Advisory Committee was formed to provide guidance and ensure that the project aligned with Yorkville’s vision and goals. Members of the UDO Advisory Committee were appointed by the Mayor and City Council. The table below display the five members of the UDO Advisory Committee. Name Title Chris Funkhouser Public Safety, Alderman Daniel Transier Alderman Debra Horaz PZC, White Oaks Homeowners Association Jeff Olson PZC, Construction David Schultz Resident, Engineer, HR Green During the December 9, 2021, UDO Advisory Committee meeting, the committee reviewed Chapter 5 Development Standards, which included regulations on fences. The committee unanimously agreed that plastic-coated or plastic strip chain link fences should not be allowed in residential areas, but existing fences using these materials would be grandfathered in until replacement was necessary. Per the meeting minutes, “The committee discussed the use of galvanized chain link fences in residential, commercial, and industrial areas. Plastic coating or plastic strips could be used in the fence in certain applications. They unanimously decided those fences should not be allowed in residential areas. If they are already present, the fence will be grandfathered in until it must be replaced. They also agreed to leave the height at 6 feet for a fence on a corner lot.” Therefore, vinyl coated chain link was removed as a permitted material in residential districts and changed to only be allowed in rear and side yards only on properties in nonresidential districts. With the changes of the fencing materials allowed in residential area included, the City adopted the updated Unified Development Ordinance in January 2024. Due to the influx of requests made by residents and residents noting vinyl coated chain link fences used to be approved by the city, Staff is requesting to amend Section 10-5-5. Fences in the Unified Development Ordinance, to be reverted to the City’s 2015 Zoning Ordinance where vinyl coated chain link are a permitted material in the rear and side yard only on residential properties. PROPOSED TEXT AMENDMENT: Staff is proposing to amend Section 10-5-5. Fences in the Unified Development Ordinance (UDO) related to materials permitted in residential districts. The following is a summary of the proposed amendments: A. Regulations for All Zoning Districts. 1. Fences thirty-six (36) inches or more in height require a building permit. 2. All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected. 3. No more than two (2) different types of fencing material are permitted per lot. 4. Materials. The materials listed below are acceptable for a fence in any district unless specific districts are specified in in this subsection. These materials are an example of acceptable fencing. 3 The Zoning Administrator has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. a. Stone, b. Brick, c. Natural rot resistant wood (cedar, cyprus, redwood), d. Cast or wrought iron, e. Plastic, f. Aluminum, g. Composite wood and plastic, h. Vinyl coated chain-link (rear and side yard only in all zoning districts on properties in nonresidential districts). i. Galvanized chain-link (only on M-1 or M-2 properties adjacent to other M-1 or M-2 property). B. Placement. 1. Fences may be built up to the property line but shall not extend beyond the front plane of the primary building facade in residential and business districts and must be located entirely on the property of the owner constructing it. 2. Fences may be constructed within an easement, though future work within the easement may result in the removal of the fence. Fences are not allowed in some types of restricted easements, such as those dedicated for landscape, sidewalks, trails, access or where otherwise limited by an easement document. 3. The property owner is responsible for locating property lines, prior to the installation of the fence. 4. Fences, walls, or hedges shall not encroach on any public right-of-way. 5. It shall be the responsibility of the property owner to ensure that a fence does not block or obstruct the flow of stormwater. 6. All solid fences, walls, hedges, or shrubberies which exceed three (3) feet above the street grade shall comply with the vision clearance standards of Section 10-5-6 of this title. C. Prohibited Fences. 1. Fences or enclosures charged with or designed to be charged with electrical current are prohibited, except for underground dog fences. 2. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited. 3. No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items as determined by the Zoning Administrator. D. Height. Except as otherwise permitted in this title, annexation agreements, planned unit developments or any other development related agreements or ordinances, fences shall not exceed the maximum height as listed in Table 10-5-5(D) of this section. 4 Table 10-5-5(D) Fence Height Standards District/Use Maximum Height per Yard Front Yard Corner Side Yard Interior Side Yard Rear Yard Residential Districts 3 feet1 6 feet 6 feet2 6 feet2 Business Districts 3 feet1 6 feet 6 feet2 6 feet2 Manufacturing District 8 feet 8 feet 8 feet 8 feet Public Uses and Utilities 8 feet 8 feet 8 feet 8 feet Notes: 1. Fence may be a maximum of four (4) feet in height if opacity does not exceed fifty (50) percent. 2. Fence may be a maximum of eight (8) feet in height if in height if in a residential district and adjacent to a nonresidential use or in a business district and adjacent to a residential use. STAFF COMMENTS: Staff supports the proposed text amendment to the Fence Standards in the Unified Development Ordinance, as it addresses ongoing resident requests to revert to the City's 2015 Zoning Ordinance standards. Additionally, allowing vinyl-coated chain link fences in the rear and side yards of residential districts will not impact the public health, safety, or general welfare of City residents. This text amendment request will be brought to City Council on January 14, 2024. As currently written, the provision in the UDO may seem ambiguous to residents and staff, leading to potential misinterpretation that vinyl-coated chain link fencing is allowed in all residential yards and only in the rear and side yards for non-residential properties. If the proposed text amendment is not approved, staff suggests adding language to clarify this ambiguity. PROPOSED MOTION: In consideration of testimony presented during a Public Hearing on December 11, 2024 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Section 10-5-5 Fences in the Unified Development Ordinance to allow vinyl coated chain link be listed as an acceptable fence material in the rear and side yard only in all zoning district as presented in a staff memorandum dated December 4, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments 1. Draft Approving Ordinance 2. Proposed redlined amendments to Section 10-5-5 Fences in the Unified Development Ordinance 3. Page 123 of 2015 Zoning Ordinance 4. Public Hearing Notice United City of Yorkville Chapter 5. Development Standards Unified Development Ordinance Update Page 39 of 46 Fences A.Regulations for All Zoning Districts. 1. Fences thirty-six (36) inches or more in height require a building permit. 2. All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected. 3. No more than two (2) different types of fencing material are permitted per lot. 4.Materials.The materials listed below are acceptable for a fence in any district unless specific districts are specified in in this subsection. These materials are an example of acceptable fencing. The Zoning Administrator has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. a. Stone, b. Brick, c. Natural rot resistant wood (cedar, cyprus, redwood), d. Cast or wrought iron, e. Plastic, f. Aluminum, g. Composite wood and plastic, h. Vinyl coated chain-link (rear and side yard only in all zoning districts on properties in nonresidential districts). i. Galvanized chain-link (only on M-1 or M-2 properties adjacent to other M-1 or M-2 property). B.Placement. 1. Fences may be built up to the property line but shall not extend beyond the front plane of the primary building facade in residential and business districts and must be located entirely on the property of the owner constructing it. 2. Fences may be constructed within an easement, though future work within the easement may result in the removal of the fence. Fences are not allowed in some types of restricted easements, such as those dedicated for landscape, sidewalks, trails, access or where otherwise limited by an easement document. 3. The property owner is responsible for locating property lines, prior to the installation of the fence. 4. Fences, walls, or hedges shall not encroach on any public right-of-way. 5. It shall be the responsibility of the property owner to ensure that a fence does not block or obstruct the flow of stormwater. 6. All solid fences, walls, hedges, or shrubberies which exceed three (3) feet above the street grade shall comply with the vision clearance standards of Section 10-5-6 of this title. C.Prohibited Fences. 1. Fences or enclosures charged with or designed to be charged with electrical current are prohibited, except for underground dog fences. 2. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited. United City of Yorkville Chapter 5. Development Standards Unified Development Ordinance Update Page 40 of 46 3. No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items as determined by the Zoning Administrator. D. Height. Except as otherwise permitted in this title, annexation agreements, planned unit developments or any other development related agreements or ordinances, fences shall not exceed the maximum height as listed in Table 10-5-5(D) of this section. Front Yard Corner Side Yard Interior Side Yard Rear Yard Residential Districts 3 feet 1 6 feet 6 feet 2 6 feet 2 Business Districts 3 feet 1 6 feet 6 feet 2 6 feet 2 Manufacturing District 8 feet 8 feet 8 feet 8 feet Public Uses and Utilities 8 feet 8 feet 8 feet 8 feet 2. Fence may be a maximum of eight (8) feet in height if in a residential district and adjacent to a nonresidential use or in a business district and adjacent to a residential use. District/Use Table 10-5-5(D) Fence Height Standards Maximum Height per Yard Notes: 1. Fence may be a maximum of four (4) feet in height if opacity does not exceed fifty (50) percent. Chapter 17: Fencing and Screening E. Regulations for Residential Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.01. 2. Materials The following materials are acceptable for any residential district fence: ͻ Stone ͻ Brick ͻ Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) ͻ Cast or Wrought Iron ͻ Plastic ͻ Aluminum ͻ Composite Wood and Plastic ͻ Vinyl Coated Chain Link (rear and side yard only) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. F. Regulations for Business Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.02. Table 10.17.02 Business District Fence Heights Yard Maximum Height Front Yard 3Feet 4 Feet if at least 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a residential use Corner Side Yard 3Feet 4 Feet if at least 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a residential use 2. Materials The following materials are acceptable for any business district fence: ͻ Stone ͻ Brick ͻ Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) ͻ Cast or Wrought Iron ͻ Plastic ͻ Aluminum ͻ Composite Wood and Plastic ͻ Vinyl Coated Chain Link (rear and side yard only) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. Table 10.17.01 Residential District Fence Heights Yard Maximum Height Front Yard 3Feet 4 Feet if at a maximum 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a non-residential use Corner Side Yard 3Feet 4 Feet if at a maximum 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a non-residential use [ United City of Yorkville Zoning Ordinance ] [ 123 ] PUBLIC NOTICE OF A HEARING BEFORE THE UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISION PZC 2024-25 NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission of the United City of Yorkville will conduct a public hearing on December 11, 2024 at 7:00PM at the Yorkville City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, regarding an amendment to Chapter 5. Development Standards specifically fences within the United City of Yorkville’s Unified Development Ordinance. The proposed text amendment will allow vinyl coated chain link fence material in residential districts. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. JORI BEHLAND City Clerk Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #3 Tracking Number PZC 2024-26 & EDC 2024-78 PZC 2024-26 DMYF, LLLP (Annexation & Rezoning) City Council – January 14, 2025 PZC – 11/13/24 Moved forward to City Council agenda. PZC 2024-26 & EDC 2024-78 Approval Request for annexation and rezoning for future data center land use. Krysti J. Barksdale-Noble, AICP Community Development Name Department Majority 1 SUMMARY: Applications for annexation and rezoning were submitted by Drew Daniels on behalf of Daniels Malinski Yorkville Family, LLP (DMYF), the petitioner/owner. DMYF, LLLP is seeking to annex four (4) parcels, totaling approximately 270 acres, and rezone them from the R-1 Single-Family Suburban Residence District to the M-2 General Manufacturing District for a future data center, contingent upon approval of annexation by the City Council. The subject property, consisting of parcels #02-30-200-023, #02-19-400-010, #02-19-400-009, and #02-19-300-019, is located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road. ANNEXATION REQUEST/AGREEMENT: As previously mentioned, the applicant seeks annexation of four (4) unincorporated parcels, #02- 30-200-023, #02-19-400-010, #02-19-400-009, and #02-19-300-019, totaling approximately 270-acres for the future purpose of constructing and operating a data center land use. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately to the east via the Kendall Marketplace commercial development and the recently annexed Kelaka parcel to the north. The Memorandum To: City Council From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: December 4, 2024 Subject: PZC 2024-26 DMYF, LLLP (Daniels, Malinski Yorkville Family) Annexation and Rezoning Requests 2 approximately 148-acre Kelaka parcel is currently unimproved but is also entitled for a future industrial/data center. With regard to the rezoning request, a draft annexation agreement has been drafted that, should a data center user not develop on the parcel, only the following M-2 General Manufacturing land uses will be permitted on the subject property per Table 10-3-12(B) of the Unified Development Ordinance: 1. Automobile sales and services (enclosed) – defined as “An establishment engaged in the sale of automobiles where all operations take place entirely within an enclosed showroom in a primary building.” 2. Bakery (wholesale) - defined as “a bakery in which there is permitted the production and/or wholesaling of baked goods, excluding retail bakery.” 3. Brewery/winery/distillery – defined as “an establishment primarily engaged in brewing fermented malt beverages including beer, ale, malt liquors, and nonalcoholic beer (brewery), manufacturing and bottling wine on the premises (winery), or manufacturing, by distillation, intoxicating spirits on the premises (distillery) but not including on-premises consumption by patrons.” 4. Building material sales – defined as “establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures.” 5. Microdistillery – defined as “a small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves alcoholic spirits on and off the premises and produces no more than fifteen thousand (15,000) gallons per calendar year on-site. The microdistillery facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the alcoholic beverages shall be consistent with state law.” 6. Microbrewery/Microwinery – defined as “a combination retail, wholesale, and/or small- scale artisan manufacturing business that brews, ferments, processes, packages, distributes, and serves either beer or wine for sale on- or off-site. A microbrewery shall produce no more than one-hundred fifty-five thousand (155,000) gallons of beer per year for sale on the premises for either on-premises or off-premises consumption. These facilities may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the beverages shall be consistent with state law.” 7. Nursery/greenhouse – defined as “retail business whose principal activity is the selling of plants and having outdoor storage, growing and/or display of plants.” 8. Research laboratories – defined as “a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.” 9. Recreational vehicle sales and services – defined as “an establishment engaged in the sale of recreational vehicles, including motorhomes and pickup campers, travel trailers, tent trailers, and similar vehicles that are designed and constructed for permit sleeping or housekeeping in an outdoor or a showroom enclosed in a primary building.” 10. Storage, single-building climate controlled – defined as “a facility consisting of a single building where individual self-contained units are leased or rented to the general public for dead storage and where the individual storage units are accessed from the interior of the building.” 11. Refrigerated Warehouse (Cold Storage)- defined as “a facility which is artificially or mechanically cooled in order to maintain the integrity and quality of perishable goods.” 3 12. Agricultural Use – defined as “The employment of land for the primary purpose of raising, harvesting, and selling crops, or feeding (including grazing), breeding, managing, selling, or producing livestock, poultry, furbearing animals, or honeybees, or by dairying and the sale of dairy products, by any other horticultural, floricultural or viticulture use, by animal husbandry, or by any combination thereof. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines including, but not limited to, providing riding lessons, training clinics and schooling shows.” 13. Retail Store, General – less than one (1) acre - defined as “A building or portion of a building providing area for the selling of new or used goods, wares, and merchandise directly to the consumer for whom the goods are furnished.” 14. Retail Store, General – greater than one (1) acre - defined as “A building or portion of a building providing area for the selling of new or used goods, wares, and merchandise directly to the consumer for whom the goods are furnished.” 15. Medical Clinic/Office – defined as “An establishment where patients are admitted for study and treatment by two (2) or more licensed physicians, dentists, psychologists, or similar professional healthcare practitioners and their professional associates. The term shall include but not be limited to offices of physicians, chiropractors, dentists, and acupuncturists.” 16. Treatment Center – defined as “One (1) or more buildings designed and used for the medical and surgical diagnosis and treatment. This definition excludes hospitals and nursing homes.” The proposed limited permitted land uses will remain in effect for the duration of the annexation agreement, which spans 20 years. Additionally, a sunset clause is included to revert the property’s zoning to its original R-1 designation, established at the time of annexation, if a data center or other manufacturing use does not materialize within the 20-year period. The agreement also requires City Council review and approval for any data center or manufacturing use on the property, covering aspects such as layout, buffering, setbacks, and building materials, even if the use is otherwise permitted outright. A Plat of Annexation is included as an exhibit to the agreement. A public hearing for the proposed annexation and annexation agreement was held at the City Council meeting on November 12, 2024. REZONING REQUEST: According to Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed into the city is automatically zoned as R-1 Single-Family Suburban Residential District. In this case, the petitioner is requesting rezoning to the M-2 General Manufacturing District for the development of a proposed data center. Data centers are defined as facilities containing networked computers, storage systems, and computing infrastructure that organizations use to collect, process, store, and distribute data. The Planning and Zoning Commission held a public hearing for the rezoning request for the subject property on November 13, 2024. The commission made the following actions on the motions below: Proposed Motion: In consideration of testimony presented during a Public Hearing on November 13, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-1 Single-Family Residential to M-2 General Manufacturing District for a proposed future data center, contingent upon approval of annexation by the City Council, for a 270-acre property generally located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road. 4 Action Item: Millen-aye; Linnane-aye; Forristall-aye; Vinyard-aye; Williams-aye; Hyett-aye; Crouch-aye 7 ayes; 0 no ATTACHMENTS: 1. Draft Annexation Ordinance 2. Plat of Annexation 3. Draft Ordinance Approving Annexation Agreement 4. Draft Annexation Agreement 5. Draft Rezoning Ordinance 6. Letters from Public 7. City Council Annexation Public Hearing Memo dated November 4, 2024 8. Planning & Zoning Commission Rezoning Public Hearing Memo dated November 5, 2024 9. Annexation Application 10. Rezoning Application 11. Public Hearing Notices 12. Plan Council Packet dated October 8, 2024 Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS ANNEXING CERTAIN TERRITORY LOCATED NORTH OF US ROUTE 34, WEST OF BEECHER ROAD AND KENDALL MARKETPLACE, AND EAST OF ELDAMAIN ROAD TO THE UNITED CITY OF YORKVILLE (DMYF LLLP Property) 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, a duly executed PETITION FOR ANNEXATION, signed by an authorized representative of Daniels Malinski Yorkville Family, LLLP, the owner of record, has been filed with the City, requesting that certain territory legally described hereinafter be annexed to the City; and WHEREAS, there are no electors residing within said territory; and WHEREAS, said territory is not within the corporate limits of any municipality, but is contiguous to the City; and WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and WHEREAS, the legal owners or record of said territory and the City have entered into a valid and binding annexation agreement relating to such territory; and WHEREAS, all petitions, documents and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and WHEREAS, it is in the best interests of the City that said territory be annexed. Ordinance No. 2025-____ Page 2 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 property to be annexed is a portion of that property that is identified by property index numbers 02-19-400-010, 02-19-400-009, and 02-19-300-019, and legally described and depicted in the Plat of Annexation, attached hereto as Exhibit A. Section 2. That the territory described in Section 1 above is hereby annexed to the United City of Yorkville, Illinois. Section 3. That the City Clerk is hereby directed within 90 days from the effective date of this ordinance to record or cause to be recorded with the Office of the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the Plat of Annexation appended to this Ordinance. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [Remainder of Page Intentionally Left Blank, Roll Call Vote to Follow] Ordinance No. 2025-____ Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR CERTAIN TERRITORY LOCATED NORTH OF US ROUTE 34, WEST OF BEECHER ROAD AND KENDALL MARKETPLACE, AND EAST OF ELDAMAIN ROAD TO THE UNITED CITY OF YORKVILLE (DMYF LLLP Property) 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, Daniels Malinski Yorkville Family, LLLP (the "Owner"), desires to enter into an Annexation Agreement (the "Agreement"), regarding property owned by the Owner which is approximately 270 acres, legally described and identified in the Agreement, attached hereto as Exhibit A (the "Subject Property"); and WHEREAS, the Subject Property is contiguous with the existing corporate limits of the City and is not within the boundary of any other city; and WHEREAS, a public hearing was conducted by the Mayor and City Council (the "Corporate Authorities") on the Agreement on November 26, 2024, and all notices required by law have been given by the City and Owner; and WHEREAS, the statutory procedures provided in Section 11-15.1-1 of the Illinois Municipal Code for the execution of the annexation agreement have been fully complied with; and WHEREAS, the Corporate Authorities have concluded that the approval and execution of the proposed Agreement, attached hereto, is in the best interests of the health, safety, and welfare of the City. 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 above recitals are incorporated and made a part of this Ordinance. Section 2. The Annexation Agreement attached hereto and made a part hereof by reference as Exhibit A, be and is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Agreement. Ordinance No. 2025-____ Page 2 Section 3. This Ordinance shall be in full force and effect upon 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. 2025. ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter (“Agreement”), is made and entered into this day of 2025, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as "City" and Daniels Malinski Yorkville Family, hereinafter referred to as ''Owner". WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property, which is legally described in Exhibit A attached hereto, consisting of approximately 270 acres, more or less (the "Subject Property"); and WHEREAS, it is the desire of the Owner to provide for the annexation of the Subject Property and to use the Subject Property in accordance with the terms of this Agreement and the ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as M-2 General Manufacturing District; and WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities") to annex the Subject Property and permit the zoning, all being pursuant to the terms and conditions of this Agreement and the ordinances of the City; and WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, all notices and publications as required by law relating to the zoning of the Subject Property and the Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the "Municipal Code"); and WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Municipal Code; and WHEREAS, the Planning and Zoning Commission of the City has duly held all public hearings relating to zoning, all as required by the provisions of the City's Zoning Code and the Municipal Code (the "Municipal Code"); and 2 WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be placed in the M-2 General Manufacturing District; and WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Conditions of Annexation. A. The City hereby agrees, contemporaneously with annexation, the City shall undertake procedures as required by the City's Unified Development Ordinance to rezone the Subject Property as M-2 General Manufacturing District. B. Once rezoned as M-2 General Manufacturing District, should a Data Center not be developed on the Subject Property, only the following uses shall be permitted: Automobile sales and services (enclosed); Bakery (wholesale); Brewery/winery/distillery; Building material sales; Microdistillery; Microbrewery/Microwinery; Nursery/greenhouse; Research laboratories; Recreational vehicle sales and services; Storage, single-building climate controlled; Refrigerated Warehouse (Cold Storage); Agricultural; Retail store, general – less than one (1) acre; Retail store, general – greater than one (1) acre; Medical clinic/office; Treatment center; Data center. C. Until such time as the Subject Property is developed as a Data Center or one of the permitted uses under Section 2(B) of this Agreement the Owner may continue to grow and harvest crops on the Subject Property, as permitted in an Agricultural District. D. Should the Subject Property not be developed as one of the permitted uses under Section 2(B) within 20 years of the effective date of this Agreement, the zoning designation for the Subject Property shall revert to R-1 Single Family Suburban Residence District. E. Owner shall be required to submit any and all plans for review and approval by the City Council prior to commencing any construction, grading or other work on the Subject 3 Property. No building or other permits shall be issued by the City regarding the Subject Property, nor shall any construction commence on the Subject Property without first obtaining approval from City Council under this Section 2(E). Section 3. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees, and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. Section 4. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. Before any failure of any part of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard Suite 350 Naperville, Illinois 60563 To the Owner: Drew Daniels Daniels Malinski Yorkville Family, LLLP 405 E. Sheridan Rd. Lake Bluff, IL 60044 Section 5. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. 4 Section 6. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions, and provisions of this Agreement and, to that end, any terms, conditions, and provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk DANIELS MALINSKI YORKVILLE FAMILY, LLLP By: Ordinance No. 2025-____ Page 1 Ordinance No. 2025-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE M-2 GENERAL MANUFACTURING ZONING DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED NORTH OF US ROUTE 34, WEST OF BEECHER ROAD AND KENDALL MARKETPLACE, AND EAST OF ELDAMAIN ROAD 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, Daniels Malinski Yorkville Family, LLLP, an Illinois limited liability limited partnership (“Applicant”), owns approximately 270 acres of property, located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road (“Subject Property”) within the corporate limits of the City legally described in Section 2 and as shown on Exhibit A attached hereto and made a part hereof; and WHEREAS, the Applicant desires to rezone the Subject Property, which is currently classified in the R-1 Single Family Suburban Residence District into the M-2 General Manufacturing Zoning District; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on November 12, 2024, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-12 of the City’s Unified Development Ordinance and made findings of fact and recommendation to the Mayor and City Council (“Corporate Authorities”) for approval of the rezoning; and Ordinance No. 2025-____ Page 2 WHEREAS, an Annexation Agreement between the Applicant and the City was adopted the __ day of January, 2025 containing restrictions on the use of the Subject Property and providing that the Subject Property’s designation as a M-2 General Manufacturing District shall sunset if no development occurs within a 20 year period; and WHEREAS, the Corporate Authorities have received and considered the recommendation of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby approve the rezoning of the Subject Property, legally described as: PARCEL ONE THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00° 48' 07" EAST ALONG THE QUARTER LINE 257.40 FEET; THENCE NORTH 83° 55' 03" WEST 1944.30 FEET TO A POINT WHICH IS 1930.58 FEET SOUTH 88° 28' 32" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 88° 28' 32" WEST ALONG SAID NORTH LINE 204.60 FEET; THENCE SOUTH 02° 08' 40" WEST 2489.33 FEET TO THE PRESENT CENTER LINE OF U. S. HIGHWAY NO. 34; THENCE EASTERLY ALONG SAID CENTER LINE 2001.79 FEET TO A POINT ON SAID CENTER LINE WHICH IS NORTH 84° 54' 42" WEST FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30 (AS MEASURED ALONG THE CENTER LINE OF SAID U. S. HIGHWAY NO. 34); THENCE NORTH 05° 05' 18" EAST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET; THENCE SOUTH 84° 54' 42" EAST PARALLEL WITH SAID CENTER LINE 565.71 FEET; THENCE SOUTH 05° 05' 18" WEST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET TO SAID CENTER LINE; THENCE SOUTH 84° 54' 42" EAST ALONG SAID CENTER LINE 2370.99 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG SAID EAST LINE 429.15 FEET TO THE NORTHEAST CORNER OF SAID SECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, 301.20 FEET; THENCE SOUTH 89° 20' 56" WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 227.23 FEET; THENCE NORTH Ordinance No. 2025-____ Page 3 15° 08' 07" WEST 2403.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 19 WHICH IS 1826.22 FEET NORTH 88° 28' 32" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88° 28' 32" WEST ALONG SAID NORTH LINE, 1826.22 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL TWO THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF STATE ROUTE 34 AND THE EAST LINE OF SAID SECTION 30; THENCE WESTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 2370.99 FEET FOR THE POINT OF BEGINNING; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 231 FEET; THENCE WESTERLY PARALLEL TO THE CENTER LINE OF STATE ROUTE 34, 565.71 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 231 FEET TO THE CENTER LINE OF SAID ROUTE 34; THENCE EASTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 565.71 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF OUTLOT 1 OF FOX HILL UNIT ONE PLANNED UNIT DEVELOPMENT, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, RECORDED IN CABINET 3, SLOTS 508 A&B AND 509 A&B AS DOCUMENTED NO. 9410594 IN THE RECORDER'S OFFICE OF KENDALL COUNTY; THENCE NORTH 06 DEGREES 22 MINUTES 18 SECONDS EAST, ON A BEARING REFERENCED TO AN ASSUMED NORTH, 15.240 METERS (50.00 FEET) TO THE CENTERLINE OF F.A. 591 AND THE POINT OF BEGINNING; THENCE NORTH 83 DEGREES 37 MINUTES 42 SECONDS WEST 93.518 METERS (306.82 FEET) ON SAID CENTERLINE; THENCE WESTERLY 213.414 METERS (700.18 FEET) ALONG AN 11,642.530 METERS (38,197.20) RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 84 DEGREES 09 MINUTES 12 SECONDS WEST 213.411 METERS (700.17 FEET); THENCE NORTH 02 DEGREE 08 MINUTES 42 SECONDS EAST 15.263 METERS (50.08 FEET); THENCE EASTERLY 208.048 METERS (682.57 FEET) ALONG AN 11,657.770 METER (38,247.20 FOOT) RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 84 DEGREES 10 MINUTES 17 SECONDS EAST 208.046 METERS (682.56 FEET); THENCE NORTH 85 DEGREES 35 MINUTES 28 SECONDS EAST 25.458 METERS (83.52 FEET); THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDS EAST 50.000 METERS (164.04 FEET); THENCE SOUTH 72 DEGREES 50 MINUTES 54 SECONDS EAST 25.449 (83.49 FEET); THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDS EAST 2.433 METERS (7.98 FEET); THENCE SOUTH 00 DEGREES 39 MINUTES 02 SECONDS EAST 15.355 METERS (50.38 FEET) TO SAID CENTERLINE; THENCE NORTH 83 DEGREES 37 MINUTES 42 SECONDS WEST 4.311 METERS (14.14 FEET) ALONG SAID CENTERLINE TO THE POINT OF BEGINNING, CONTAINING 0.5095 HECTARE (1.259 ACRES), MORE Ordinance No. 2025-____ Page 4 OR LESS, OF WHICH 0.4738 HECTARE (1.171 ACRES), MORE OR LESS, ARE IN THE EXISTING RIGHT OF WAY, SITUATED IN THE COUNTY OF KENDALL AND STATE OF ILLINOIS. THE ABOVE PARCEL BEING SHOWN ON SHEET 2 OF THE RIGHT OF WAY PLANS FOR F.A. 591 (U.S. ROUTE 34), SECTION 13BR, RECORDED AS DOCUMENT NUMBER 9702750, FLAT FILE, 5-55 IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS. ALSO, EXCEPT THAT PART CONVEYED THE UNITED CITY OF YORKVILLE IN DEED RECORDED AS DOCUMENT NO. 201400012767 TO WIT: THAT PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY CORNER OF SAID SECTION 30, THENCE SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 304.62 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30 TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 74.37 FEET ALONG SAID EAST LINE OF THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE CONTINUING SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 50.25 FEET ALONG SAID EAST LINE TO THE CENTERLINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST, 1879.99 FEET ALONG SAID CENTERLINE, THENCE NORTH 04 DEGREES 27 MINUTES 50 SECONDS EAST, 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE NORTH 76 DEGREES 01 MINUTE 45 SECONDS EAST, 79.06 FEET TO A POINT 25.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE SOUTH 85 DEGREES 32 MINUTES 10 SECONDS EAST, 1748.26 FEET PARALLEL WITH AND 25.00 FEET NORTH OF SAID NORTHERLY RIGHT OF WAY LINE, THENCE NORTH 46 DEGREES 36 MINUTES 49 SECONDS EAST 66.09 FEET TO POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. with Property Index Numbers 02-19-300-019, 02-19-400-009, 02-19-400-010, and 02-30-200-023 into the M-2 General Manufacturing Zoning District. Section 3. Should the Subject Property not be developed within 20 years of the execution of an annexation agreement, approved on [DATE], by Ordinance [ORDINANCE NO.] the zoning designation on the Subject Property shall revert to R-1 Residential Use. Section 4. That 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. 2025. Ordinance No. 2025-____ Page 5 ______________________________ 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. 2025. ______________________________ MAYOR Attest: ______________________________ CITY CLERK ZDL3604 From:Chris Funkhouser To:Bart Olson; Krysti Barksdale-Noble Subject:Fwd: Opposition to Proposed Rezoning of Land to Manufacturing Date:Thursday, November 7, 2024 11:49:59 AM Forwarding a letter regarding the DMYF property. Chris Funkhouser Alderman - Ward 3 The United City of Yorkville Funkhouser.ward3@gmail.com p. 630-772-3569 ---------- Forwarded message --------- From: Lindsay Martinez < Date: Thu, Nov 7, 2024, 11:35ௗAM Subject: Opposition to Proposed Rezoning of Land to Manufacturing To: <Funkhouser.ward3@gmail.com> Dear Chris Funkhouser, I hope this message finds you well. I am writing to express my concern and opposition regarding the proposal to rezone Case Number: PZC 2024-26 DMYF, LLLP (Annexation and Rezone) to a manufacturing district. As a member of the Yorkville community, I believe that this rezoning could have significant negative impacts on both the environment and the quality of life for residents of Fox Hill. There are several key reasons why I believe this change should not move forward. The Impact on Residential Areas. Allowing manufacturing operations in close proximity to residential neighborhoods could lead to increased noise, air pollution, and light pollution, all of which would negatively affect the health and well-being of local residents. The current zoning supports a balance of residential and commercial spaces, which provides a higher quality of life for families. Environmental Concerns: Manufacturing facilities often bring environmental challenges, including waste disposal issues, runoff, and the potential for hazardous material spills. Our community values green spaces, clean air, and sustainable development, and introducing manufacturing operations could compromise these environmental goals. Traffic and Infrastructure Strain on Diehl Farm Road: Manufacturing businesses typically bring increased truck traffic and demand on local infrastructure, which could overwhelm our current roads and public services. This increase in traffic could also create safety hazards and contribute to congestion in the area, which would be detrimental to both residents and visitors. We already have increased traffic from the Menards DC plant. Rezoning to manufacturing may not align with Yorkville’s long-term vision for sustainable growth. That property should remain zoned for residential purposes in my opinion. In order for Kendall Marketplace to become fully leased and continue to operate effectively, more people (who need homes) are needed, not a building that uses too many resources. Property Values will tank. There is concern that industrial development could negatively affect property values in nearby residential areas. Families and homebuyers are likely to be deterred from settling in a neighborhood that is adjacent to manufacturing zones, which could affect the overall economic stability of the area. I urge the United City of Yorkville to consider these concerns and explore alternative options for development that would support the community’s vision for growth while maintaining the integrity of our residential spaces. The residents of fox hill neighbor have already lost all of the trees along the Rob Roy Creek. We are still waiting for trees to be replanted. That alone has increased the road sounds from 34, Menards DC, trains etc. It is so noisy that we barely open our windows anymore. Our kids would spend all summer at the rob roy creek, but after all of the trees were cut down and left- and just recently the roots were removed. Our neighborhood enjoyed the creek for fishing- but no longer can do so with it being ruined. I would appreciate the opportunity to engage in further dialogue on this matter and discuss potential solutions that balance both economic development and quality of life for residents. Thank you for your time and consideration. Sincerely, Lindsay Martinez From:Andrew Bennett To:Bart Olson Cc:John Purcell; Matt Marek; Krysti Barksdale-Noble Subject:Re: Concerns Regarding Proposed DMYF (Annexation and Zoning Project) Date:Saturday, November 16, 2024 10:20:48 AM Bart - Thank you for your quick responses to my questions. That's helpful, and I'll let you know if I have any follow-up questions. Have a good weekend, Andrew Bennett From: Bart Olson <BOlson@yorkville.il.us> Sent: Wednesday, November 13, 2024 1:26 PM To: Andrew Bennett Cc: John Purcell <jpurcell@yorkville.il.us>; Matt Marek <mattmarekward3@gmail.com>; Krysti Barksdale-Noble <knoble@yorkville.il.us> Subject: RE: Concerns Regarding Proposed DMYF (Annexation and Zoning Project) Hello Andrew, Thanks for sending this email – it is very helpful. In general, I want to make sure it is understood that although the developer is asking for rezoning to M2, they are only doing so because that’s the zoning code where data centers are allowed. The developer has no interest in any other land-use at this time, and I don’t believe the broader macro-economic forces within our region will support anything other than data centers on this property. Accordingly, we are looking to restrict the uses on this property to the 12 or so land-uses listed below as an answer to one of your questions. It is highly unlikely, and probably unacceptable to the City Council, that this Route 34 adjacent property would ever turn into a heavy manufacturing area. Responses to your questions are below, in blue text. Drop box link to the packet materials for this agenda item - https://www.dropbox.com/scl/fi/1vzy3wxmb36sx1btx84e2/4-PH2-Daniels-Malinski-Yorkville-Family- LLLP-Annexation-reduced-size.pdf?rlkey=2eehbdgewsouaja4mx1a4pu21&st=vm27awp1&dl=0 Thanks, Bart 1. Environmental Impact: What measures will be implemented to mitigate potential environmental impacts, such as pollution and increased runoff, that may affect our neighborhood? The City has broad protections in city code that address development and operation standards for things like noise, air quality, etc. There is also a robust requirement to address drainage issues as part of their development plan. Ultimately, none of these things are discussed in detail here because there is no specific land-use plan or proposal to develop the site. The landowner is simply asking for zoning to allow this property to be marketed to data center users. When those data center users engage with the landowner in the future, they will submit specific plans to the City that will be reviewed by the City Council and staff to make sure they follow City codes. Has an environmental impact assessment been conducted, and will the findings be made available to residents? No. Environmental impact assessments are not specifically required by the City. 2. Traffic and Infrastructure: What traffic studies have been conducted to assess the projected increase in vehicle traffic, particularly along Eldamain and Veterans Parkway, and what plans are in place to manage this increase? Traffic studies are not conducted at this stage of the development. They would be done when a user wants to build something on the property, and the City would have broad authority to require things like traffic signals, turn lanes, roadway improvements, etc. How does the city plan to address additional infrastructure strain due to heavy vehicle traffic related to manufacturing operations? This would all be part of the traffic study at a later date. Just clarifying – the City is not recommending heavy manufacturing operations on this site. We are recommending the following land-uses only: 1. Auto sales and services 2. Bakery 3. Brewery/winery/distillery 4. Building material sales 5. Microdistillery 6. Microbrewery/microwinery 7. Nursery/greenhouses 8. Research laboratories 9. RV sales and services 10. Storage, single building climate controlled 11. Refrigerated warehouse 12. Data centers 3. Noise and Light Pollution: What controls will be put in place to limit noise pollution from manufacturing activities, especially during nighttime hours? The City already has a robust noise ordinance governing operations in all zoning codes. It can be found here - https://library.municode.com/il/yorkville/codes/code_of_ordinances? nodeId=TIT4PUHESA_CH4NOOR. In general, any of the properties in question would have to operate at a level overnight (10p to 7a) of less than 50db at your (or anyone else’s property). Additionally, the City has retained a sound engineer that will be recommending site specific solutions at time of development approval. We have spoken with our staff counterparts in Loudoun County VA (data center capital of the world) to talk through noise concerns and things that can be done like siting buildings and their equipment hundreds of feet away from houses, berming and landscaping with noise buffering in mind, orienting buildings so that the building itself is a buffer from outdoor generators and the like in relationship to houses, etc. Will there be restrictions on lighting to prevent disruption in nearby residential areas? The City already has a standard for lighting in developments. In general, the allowable maximum light level at any development property line is zero maintained foot candles 4. Property Value Impact: Has any analysis been done to understand the impact this rezoning may have on nearby residential property values? If property values decrease, will the city consider compensation for affected homeowners? No. This is an obligation of the developer/landowner to prove to the City Council that it will not have an impact on nearby properties OR that that any negative impact will be mitigated through different measures. The City does not have a mechanism in state code to collect compensation for homeowners who feel they have been negatively impacted. For whatever it’s worth, from a pre- development basis – we have seen land go under contract for upwards of $200,000 per acre, which is almost 8-10x what vacant farmland was going for last year. The school district just purchased 100 acres west of their existing high school for around $25,000 an acre. So, we have already seen an impact on land values positively. From a long term perspective, data centers are likely to generate millions of dollars of revenues to all local governments and taxpayers annually and cost us very little in municipal services. Most municipalities are trying to attract data centers due to this financial effect; you have the real possibility that property taxes and other revenue sources could improve significantly for residents in the long-term. 5. Long-term Development Plan: What are the city’s long-term development plans for this area? Is this rezoning likely to be followed by similar changes nearby? The area of the Daniels property specifically was proposed as commercial and residential a couple decades ago and never moved forward. We were excited about the commercial plans for that property, akin to what you see next door in Kendall Marketplace – however, the residential planned previously for the property would be a significant burden on the school district. We are seeing wide interest from multiple data centers for properties generally north of 34, west of 47, east of Eldamain, and south of Baseline Road. I would not anticipate any further interest or plans for data centers south of 34. Will buffer zones or natural barriers be included between the manufacturing district and residential areas? Yes, absolutely. When we have a data center user with a plan, we will be asking for significant buffers, berming, and building façade improvements for all buildings near residential or roadways. 6. Public Health and Safety: What assurances can the city provide that this development will not increase health risks for residents, such as air or water contamination? We have not heard of any air or water impacts from any of the towns with data centers. The data centers will be using municipal water and will be discharging into the sanitary district facilities. In general data centers are cleaner for water discharge than many of the industrial facilities we have in town. How will the city ensure that any hazardous materials used or produced on- site are managed safely? We do not anticipate any manufacturing on this site, per the comments above. Hazardous materials stored on site (cleaning chemicals, electrical equipment, etc.) would have to follow the state IEPA standards for workplace hazards. 7. Transparency and Accountability: How will the city keep residents informed about future developments related to this property? All City meetings are open to the public, and all packet materials the City Council see are available for the public to download at the same time as the City Council members received them. We post general development information on this website - https://www.yorkville.il.us/502/Current-Projects-Public-Hearings. Other than that, it is your responsibility as a concerned citizen to track the progress of developments by inquiring with us (we are happy to share information as things progress), attending meetings, reading articles from the press, etc. Will there be public reporting on any environmental, traffic, or other impacts as the site develops? The City Council will have to approve a site plan for the development at a later date. When the developer has a data center user, they will submit technical information for staff to review, and we are happy to walk residents through those plans and our staff feedback at that time. Bart Olson City Administrator United City of Yorkville 651 Prairie Pointe Dr Yorkville, IL 60560 630-553-8537 direct ell bolson@yorkville.il.us From: Andrew Bennett Sent: Tuesday, November 12, 2024 7:36 PM To: Bart Olson <BOlson@yorkville.il.us> Subject: Concerns Regarding Proposed DMYF (Annexation and Zoning Project) Importance: High Hi Bart, I spoke up during the public hearing on 11/12/24 (I was the only one via Zoom) and am writing as a neighboring resident (Fox Hill subdivision) of the proposed DMYF, LLLP annexation and rezoning project at the northwest corner of West Veterans Parkway (US 34) and Beecher Road. As you know, this project involves changing the zoning classification from R-1 Single-Family Suburban Residential District to M-2 General Manufacturing District to support future manufacturing development(specifically of a large data center). While we understand the city’s need to support economic growth, we have serious concerns about the potential negative impacts this development may have on our community. I would appreciate your assistance in addressing the following questions. During the hearing on 11/12, I asked 2 questions (which you will see below), but would also appreciate answers to the additional questions below: 8. Environmental Impact: What measures will be implemented to mitigate potential environmental impacts, such as pollution and increased runoff, that may affect our neighborhood? Has an environmental impact assessment been conducted, and will the findings be made available to residents? 8. Traffic and Infrastructure: What traffic studies have been conducted to assess the projected increase in vehicle traffic, particularly along Eldamain and Veterans Parkway, and what plans are in place to manage this increase? How does the city plan to address additional infrastructure strain due to heavy vehicle traffic related to manufacturing operations? 9. Noise and Light Pollution: What controls will be put in place to limit noise pollution from manufacturing activities, especially during nighttime hours? Will there be restrictions on lighting to prevent disruption in nearby residential areas? 10. Property Value Impact: Has any analysis been done to understand the impact this rezoning may have on nearby residential property values? If property values decrease, will the city consider compensation for affected homeowners? 11. Long-term Development Plans: What are the city’s long-term development plans for this area? Is this rezoning likely to be followed by similar changes nearby? Will buffer zones or natural barriers be included between the manufacturing district and residential areas? 12. Public Health and Safety: What assurances can the city provide that this development will not increase health risks for residents, such as air or water contamination? How will the city ensure that any hazardous materials used or produced on- site are managed safely? 13. Transparency and Accountability: How will the city keep residents informed about future developments related to this property? Will there be public reporting on any environmental, traffic, or other impacts as the site develops? As a community, we want to understand how these issues will be addressed to ensure that the project aligns with the well-being and safety of existing residents. Your insights on these matters would be greatly appreciated. Thank you very much for your time and assistance! Andrew Bennett Yorkville Resident (Fox Hill subdivision) SUMMARY: An application for annexation was submitted by Drew Daniels on behalf of Daniels Malinski Yorkville Family, LLP (DMYF), the petitioner/owner, seeking to annex four (4) parcels, totaling approximately 270 acres. The subject property, consisting of parcels #02-30-200-023, #02-19-400-010, #02-19-400-009, and #02-19-300-019, is located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road. In addition to annexation, the petitioner is requesting rezoning of the property from the R-1 Single-Family Suburban Residence District to the M-2 General Manufacturing District for a future data center, contingent upon approval of annexation by the City Council PROPERTY BACKGROUND: The subject property, approximately 270 acres in total, is currently unincorporated and zoned A-1 Agriculture in Kendall County. It consists of four parcels: the largest, roughly 200 acres, is irregularly shaped and adjacent to the Kendall Marketplace development; a 55-acre rectangular parcel is closest to Eldamain Road; and two smaller parcels, approximately 13 acres, are located just north of US 34. The property is currently used for farming, with a portion of Rob Roy Creek running through it. The two largest parcels are also part of the Rob Roy Drainage District. Memorandum To: City Council From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: November 4, 2024 Subject: PZC 2024-26 DMYF, LLLP (Daniels, Malinski Yorkville Family) PUBLIC HEARING: Proposed Annexation Agreement Request In 2007, a proposal for "Rob Roy Falls" was submitted to the City for this parcel, featuring a Conceptual PUD Plan (provided below). The plan included a commercial component spanning approximately 130 acres, a residential mixed-use area with senior living and multi-family housing on about 72 acres, and a "Rob Roy Club" component covering around 71 acres. However, the annexation and development never materialized, and the land has remained undeveloped farmland for the past 18 years. ANNEXATION AGREEMENT: As previously mentioned, the applicant seeks annexation of four (4) unincorporated parcels, #02- 30-200-023, #02-19-400-010, #02-19-400-009, and #02-19-300-019, totaling approximately 270-acres for the future purpose of constructing and operating a data center land use. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately to the east via the Kendall Marketplace commercial development and the recently annexed Kelaka parcel to the north. The approximately 148-acre Kelaka parcel is currently unimproved but is also entitled for a future industrial/data center. A draft annexation agreement has been provided for review and comment. Should a data center user not develop on the parcel, staff recommends only the following M-2 General Manufacturing land uses be permitted on the subject property per Table 10-3-12(B) of the Unified Development Ordinance: 1. Automobile sales and services (enclosed) – defined as “An establishment engaged in the sale of automobiles where all operations take place entirely within an enclosed showroom in a primary building.” 2. Bakery (wholesale) - defined as “a bakery in which there is permitted the production and/or wholesaling of baked goods, excluding retail bakery.” 3. Brewery/winery/distillery – defined as “an establishment primarily engaged in brewing fermented malt beverages including beer, ale, malt liquors, and nonalcoholic beer (brewery), manufacturing and bottling wine on the premises (winery), or manufacturing, by distillation, intoxicating spirits on the premises (distillery) but not including on-premises consumption by patrons.” 4. Building material sales – defined as “establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures.” 5. Microdistillery – defined as “a small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves alcoholic spirits on and off the premises and produces no more than fifteen thousand (15,000) gallons per calendar year on-site. The microdistillery facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the alcoholic beverages shall be consistent with state law.” 6. Microbrewery/Microwinery – defined as “a combination retail, wholesale, and/or small- scale artisan manufacturing business that brews, ferments, processes, packages, distributes, and serves either beer or wine for sale on- or off-site. A microbrewery shall produce no more than one-hundred fifty-five thousand (155,000) gallons of beer per year for sale on the premises for either on-premises or off-premises consumption. These facilities may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the beverages shall be consistent with state law.” 7. Nursery/greenhouse – defined as “retail business whose principal activity is the selling of plants and having outdoor storage, growing and/or display of plants.” 8. Research laboratories – defined as “a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.” 9. Recreational vehicle sales and services – defined as “an establishment engaged in the sale of recreational vehicles, including motorhomes and pickup campers, travel trailers, tent trailers, and similar vehicles that are designed and constructed for permit sleeping or housekeeping in an outdoor or a showroom enclosed in a primary building.” 10. Storage, single-building climate controlled – defined as “a facility consisting of a single building where individual self-contained units are leased or rented to the general public for dead storage and where the individual storage units are accessed from the interior of the building.” 11. Refrigerated Warehouse (Cold Storage)- defined as “a facility which is artificially or mechanically cooled in order to maintain the integrity and quality of perishable goods.” The above identified limited permitted land uses shall be in effect for the term of the annexation agreement, twenty (20) years. Additionally, staff also recommends a Plat of Annexation be provided as an exhibit to the annexation agreement. A public hearing for the proposed annexation is set for November 12, 2024 before the City Council. THE COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates this property as “Suburban Neighborhoods (SN)” which is designated primarily for single-family detached residential homes. However, the Comprehensive Plan also states, “while the land use map should guide future land use and development and zoning decisions, it is also meant to be adjusted and changed when circumstances warrant a change in planning direction in a given area of the City.” Due to the recent trend in rezoning and development in the area, the Kelaka property annexation and rezoning to M-2 and the Cyrus One data center development approval to the north of the subject property, staff supports the proposed M-2 General Manufacturing District zoning for a future data center campus development with conditions. Upon approval of the annexation and rezoning, the Comprehensive Plan will require an amendment to reflect the new M-2 General Manufacturing zoning district. The subject property’s future land use designation will be revised from “Suburban Neighborhoods (SN)” to “General Industrial (GI)”. COMMUNITY MEETING: Section 10-8-13-B-1-a of the Unified Development Ordinance states that a community meeting with area or neighborhood property owners, explaining the proposed annexation, may be required. This meeting, conducted by the petitioner at their own expense and at a location of their choice, may be recommended by the Plan Council before the Planning and Zoning Commission public hearing. Given the proximity of existing residential land uses to the east (Kendall Marketplace), west (CMP Properties), and south of US 34 (Fox Hill), staff recommended that the petitioner hold a community meeting to discuss the proposed future land use of the property prior to the City Council and Planning and Zoning Commission public hearings. The petitioner has informed staff that they spoke with the adjacent property owner who lives at 1171 Blackberry Shore Lane at the end of the cul-de-sac for single-family homes in Kendall Marketplace about the proposal on October 29, 2024. They also reached out to the homeowner’s association contact for the Townes of Kendall Marketplace townhomes, but at the time of this memo, had not made contact with them to discuss the proposal. STAFF COMMENTS: The petitioner is requesting a straightforward annexation of the subject property into the City of Yorkville without seeking any relief or variances from the M-2 General Manufacturing District zoning. With the additional restrictions on permitted land uses, should the property not develop as a data center as outlined in the proposed agreement, staff supports the annexation request. This aligns with the Comprehensive Plan’s recommended strategy of closing unincorporated “gap” areas within Yorkville’s corporate boundaries to manage growth and ensure high-quality future development. ATTACHMENTS: 1. Draft Annexation Agreement 2. Annexation Agreement Application 3. Public Hearing Notice 4. Plan Council Packet dated October 8, 2024 5. Email from Petitioner dated November 1, 2024 re: Adjacent Property Owner contact STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter ("Agreement'),is made and entered into this day of 2024, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as "City" and Daniels Malinski Yorkville Family, hereinafter referred to as ''Owner". WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property, which is legally described in Exhibit A attached hereto, consisting of approximately 270 acres, more or less (the "Subject Property"); and WHEREAS, it is the desire of the Owner to provide for the annexation of the Subject Property and to use the Subject Property in accordance with the terms of this Agreement and the ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as M-2 General Manufacturing District; and WHEREAS,it is the desire of the Mayor and City Council (the "Corporate Authorities") to annex the Subject Property and permit the zoning, all being pursuant to the terms and conditions of this Agreement and the ordinances of the City; and WHEREAS,Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, all notices and publications as required by law relating to the zoning of the Subject Property and the Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the "Municipal Code"); and WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Municipal Code; and WHEREAS, the Planning and Zoning Commission of the City has duly held all public hearings relating to zoning, all as required by the provisions of the City's Zoning Code and the Municipal Code (the "Municipal Code"); and 2 WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be placed in the M-2 General Manufacturing District; and WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), relating to Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect to the future annexation, and zoning of the Subject Property and to provide for various other matters related directly or indirectly to the annexation and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Conditions of Annexation. A. The City hereby agrees, contemporaneously with annexation, the City shall undertake procedures as required by the City's Unified Development Ordinance to rezone the Subject Property as M-2 General Manufacturing District. B. Once rezoned as M-2 General Manufacturing District, should a Data Center not be developed on the Subject Property, only the following uses shall be permitted: Automobile sales and services (enclosed); Bakery (wholesale); Brewery/winery/distillery; Building material sales; Microdistillery; Microbrewery/Microwinery; Nursery/greenhouse; Research laboratories; Recreational vehicle sales and services; Storage, single-building climate controlled; Refrigerated Warehouse (Cold Storage). Section 3. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees, and successor lessees, and upon any successor municipal authority of the City and the successor municipalitiesfor a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 3 Section 4. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County.It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. Before any failure of any part of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: To the City: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Attn: City Administrator With a copy to:Kathleen Field Orr Ottosen DiNolfo Hasenbalg & Castaldo, Ltd. 1804 North Naper Boulevard Suite 350 Naperville, Illinois60563 To the Owner:Drew Daniels Daniels Malinski Yorkville Family, LLLP 405 E. Sheridan Rd. Lake Bluff, IL 60044 Section 5. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section 6. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions, and provisions of this Agreement and, to that end, any terms, conditions, and provisions of this Agreement are declared to be severable. 4 INWITNESS WHEREOF, the parties hereto have caused thisFourth Amendment to be executed by their duly authorized officers on the above date at Yorkville, Illinois. UnitedCityof Yorkville, anIllinois municipal corporation By: Mayor Attest: City Clerk DANIELS MALINSKI YORKVILLE FAMILY, LLLP By: Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7714192 Purchase Order: State of Illinois - Kendall Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 10/21/2024, and the last publication of the notice was made in the newspaper dated and published on 10/21/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Oct 21, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 22nd Day of October, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 1 I have reviewed the annexation and rezoning applications for the subject property located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road. The applications were submitted by Drew Daniels on behalf of Daniels Malinski Yorkville Family, LLP, the petitioner. The petitioner is seeking to annex four (4) parcels, totaling approximately 270 acres, and rezone them from the R-1 Single-Family Suburban Residence District, which would apply upon annexation, to the M-2 General Manufacturing District. Based upon my review of the application documents and plans, I have compiled the following comments: GENERAL ZONING/LAND USE COMMENTS: The subject property, approximately 270 acres in total, is currently unincorporated and zoned A-1 Agriculture in Kendall County. It consists of four parcels: the largest, roughly 200 acres, is irregularly shaped and adjacent to the Kendall Marketplace development; a 55-acre rectangular parcel is closest to Eldamain Road; and two smaller parcels, approximately 13 acres, are located just north of US 34. The property is currently used for farming, with a portion of Rob Roy Creek running through it. The two largest parcels are also part of the Rob Roy Drainage District. 1.ZONING – The subject property consists of four (4) parcels (#02-30-200-023, #02-19-400- 010, #02-19-400-009, and #02-19-300-019). The following are the current immediate surrounding zoning and land uses: a. Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed to the city shall automatically be classified within the R-1 Single- Family Suburban Residential District. Therefore, the petitioner is seeking rezoning within the M-2 General Manufacturing District, however, a proposed future land use was not provided on the rezoning application. Zoning Land Use North M-2 General Manufacturing District A-1 Agricultural District (Kendall County) Farmland (Kelaka) Farmland East Planned Unit Development (B-3, R-3, R-2) Kendall Marketplace (Commercial, Townhomes, Single-Family Residential) South US 34 (Veterans Parkway) B-3 General Business District R-3 Multi-Family Attached Residence District R-2 Single-Family Traditional Residence Transportation Rush Copley Medical Center/Commercial Fox Hill Townhomes Fox Hill West B-3 General Business District Commercial Undeveloped/Agriculture (Cobblestone North) Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: October 8, 2024 Subject: PZC 2024-26 Daniels Malinski Yorkville Family, LLLP (DMYF) Proposed Annexation and Rezoning Request 2 i.Will the petitioner confirm that the intended future land use for the subject property is for a data center campus? 2.PERMITTED USES – Per Section 10-3-6-F of the Yorkville Unified Development Ordinance (UDO), the M-2 general manufacturing district zoning designation is intended to provide for the location of manufacturing, industrial, and related uses that have greater off- site impacts than those in the M-1 limited manufacturing district. The district is intended to ensure the compatibility of the manufacturing and industrial uses with surrounding residential and commercial uses and to minimize off-site impacts such as noise, traffic, and visual qualities. a. Further, per Table 10-3-12 (B) Permitted and Special Uses of the Unified Development Ordinance, under “Energy Industrial Uses” data centers are permitted land uses. 3.M-2 BULK REGULATIONS – Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following are the current M-2 General Business District standards: M-2 Zoning Regulations Min. Lot Area N/A Front Yard Setback 25 feet Rear Yard Setback N/A Side Yard Setback Min. 10% of lot width/Max. 20 feet Corner Yard Setback Min. 10% of lot width/Max. 20 feet Max. Lot Coverage 85% Max. Building Height N/A 4.COMPREHENSIVE PLAN – The 2016 Comprehensive Plan Update designates this property as “Suburban Neighborhoods (SN)” which is designated primarily for single-family detached residential homes. However, the Comprehensive Plan also states, “while the land use map should guide future land use and development and zoning decisions, it is also meant to be adjusted and changed when circumstances warrant a change in planning direction in a given area of the City.” a.Due to the recent trend in rezoning and development in the area, the Kelaka property annexation and rezoning to M-2 and the Cyrus One data center development approval to the north of the subject property, staff supports the proposed M-2 General Manufacturing District zoning for a future data center campus development with conditions. b.Upon approval of the annexation and rezoning, the Comprehensive Plan will require an amendment to reflect the new M-2 General Manufacturing zoning district. The subject property’s future land use designation will be revised from “Suburban Neighborhoods (SN)” to “General Industrial (GI)”. 3 ANNEXATION COMMENTS: 5.ANNEXATION AGREEMENT – Given the subject property's location along a major arterial roadway (US 34) and its proximity to the Kendall Marketplace development, which includes both commercial and residential land uses, staff recommends that the annexation agreement include a condition to consider restricting future manufacturing uses under the M- 2 District if a data center campus is not developed on the site. i.Should a data center user not develop on the parcel, staff would recommend only the following M-2 General Manufacturing land uses be permitted on the subject property per Table 10-3-12(B) of the Unified Development Ordinance: 1.Automobile sales and services (enclosed) – defined as “An establishment engaged in the sale of automobiles where all operations take place entirely within an enclosed showroom in a primary building.” 2.Bakery (wholesale) - defined as “a bakery in which there is permitted the production and/or wholesaling of baked goods, excluding retail bakery.” 3.Brewery/winery/distillery – defined as “an establishment primarily engaged in brewing fermented malt beverages including beer, ale, malt liquors, and nonalcoholic beer (brewery), manufacturing and bottling wine on the premises (winery), or manufacturing, by distillation, intoxicating spirits on the premises (distillery) but not including on-premises consumption by patrons.” 4.Building material sales – defined as “establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures.” 5.Microdistillery – defined as “a small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves alcoholic spirits on and off the premises and produces no more than fifteen thousand (15,000) gallons per calendar year on-site. The microdistillery facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the alcoholic beverages shall be consistent with state law.” 6.Microbrewery/Microwinery – defined as “a combination retail, wholesale, and/or small-scale artisan manufacturing business that brews, ferments, processes, packages, distributes, and serves either beer or wine for sale on- or off-site. A microbrewery shall produce no more than one-hundred fifty-five thousand (155,000) gallons of beer per year for sale on the premises for either on- premises or off-premises consumption. These facilities may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the beverages shall be consistent with state law.” 7.Nursery/greenhouse – defined as “retail business whose principal activity is the selling of plants and having outdoor storage, growing and/or display of plants.” 4 8.Research laboratories – defined as “a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.” 9.Recreational vehicle sales and services – defined as “an establishment engaged in the sale of recreational vehicles, including motorhomes and pickup campers, travel trailers, tent trailers, and similar vehicles that are designed and constructed for permit sleeping or housekeeping in an outdoor or a showroom enclosed in a primary building.” 10.Storage, single-building climate controlled – defined as “a facility consisting of a single building where individual self-contained units are leased or rented to the general public for dead storage and where the individual storage units are accessed from the interior of the building.” 11.Refrigerated Warehouse (Cold Storage)- defined as “a facility which is artificially or mechanically cooled in order to maintain the integrity and quality of perishable goods.” ii.The above identified limited permitted land uses shall be in effect for the term of the annexation agreement, twenty (20) years. 6.PLAT OF ANNEXATION – A plat of annexation shall be an exhibit to the annexing ordinance. The city engineer will prepare the exhibit. 7.COMMUNITY MEETING – Per Section 10-8-13-B-1-a of the Unified Development Ordinance states a community meeting of area/neighborhood property owners explaining the proposed Annexation conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. a.Due to the proximity of existing residential land uses immediately to the east (Kendall Marketplace), west (CMP Properties) and south of US 34 (Fox Hill) staff recommends the petitioner conduct a community meeting regarding the proposed future land use of the subject property prior to the City Council and Planning and Zoning Commission public hearings. From:Drew Daniels To:Krysti Barksdale-Noble Subject:DMYF - Annexation & Rezoning Follow Up Date:Friday, November 1, 2024 3:00:58 PM Attachments:DMYF - City of Yorkville - U.S. Certified Mail Receipts as of 10-25-24a.pdf DMYF - City of Yorkville - U.S. Certified Mail Receipts as of 10-25-24b.pdf DMYF - City of Yorkville - U.S. Certified Mail Receipts as of 10-26-24.pdf DMYF - City of Yorkville - U.S. Postal Service Certified Mail Receipt as of 10-25-24a.pdf DMYF - City of Yorkville - U.S. Postal Service Certified Mail Receipt as of 10-25-24b.pdf DMYF - City of Yorkville - U.S. Postal Service Certified Mail Receipt as of 10-26-24.pdf Hello Krysti, I’m e-mailing you here with the following updates: Public Notice Mailings As promised, this e-mail provides you with the supporting documents as they relate to the certified mailings that needed to go out for our annexation and rezoning process. As I mentioned on the phone, the Kendal County GIS system indicated 230 properties within the 500’ distance of my four PINs, however after removing the duplicate addresses, we were left with 95 notices that needed to be sent. Attached you will find the 95 certified mail receipts along with the U.S. Post Office payment receipts; there are six files in total. I am also slowly starting to see the return receipts show up and will be sure to bring those the next time I see you. As of today, 31 of the 95 have been returned. Adjacent Property Owners I also reached out on October 29th to Mary Maher-Bartalone, who lives at 1171 Blackberry Shore Lane. We spoke for about 15 minutes on the phone, and I followed up our conversation with an e-mail to her (a copy of this e-mail was also sent to you on October 30th, at 2:10 pm). Mary is very aware of what is happening in the area and indicated that she might want to stop in and listen in on one of the meetings regarding the annexation and rezoning in the future. FYI, the e-mail I sent her did supply her with a list of the tentative dates for all our upcoming meetings. Lastly, in the Plan Counsel follow-up letter I received, the City had also asked for me to reach out to the HOA representative for the Townes of Kendall Marketplace townhome development. The contact provided for the HOA was Jennifer Garcia of Abby Properties, LLC, who I also called on October 29th. When I called her office, I spoke with Marco who informed me that Jennifer was out-of-town on vacation, and she wouldn’t be back in the office until Monday, November 4th. I also asked if there was anyone else in the office that handles the Townes of Kendall Marketplace townhome development, and he said “no”. So, I left my name and number with him to give to her and I do plan on following up with her early next week. Just let me know if you have any questions about anything in this e-mail and have a nice weekend. Thanks, Drew (847) 942-5916 www.sextondevelopment.com SUMMARY: Applications for annexation and rezoning were submitted by Drew Daniels on behalf of Daniels Malinski Yorkville Family, LLP (DMYF), the petitioner/owner. DMYF, LLLP is seeking to annex four (4) parcels, totaling approximately 270 acres, and rezone them from the R-1 Single-Family Suburban Residence District to the M-2 General Manufacturing District for a future data center, contingent upon approval of annexation by the City Council. The subject property, consisting of parcels #02-30-200-023, #02-19-400-010, #02-19-400-009, and #02-19-300-019, is located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road. PROPERTY BACKGROUND: The subject property, approximately 270 acres in total, is currently unincorporated and zoned A-1 Agriculture in Kendall County. It consists of four parcels: the largest, roughly 200 acres, is irregularly shaped and adjacent to the Kendall Marketplace development; a 55-acre rectangular parcel is closest to Eldamain Road; and two smaller parcels, approximately 13 acres, are located just north of US 34. The property is currently used for farming, with a portion of Rob Roy Creek running through it. The two largest parcels are also part of the Rob Roy Drainage District. Memorandum To: Planning and Zoning Commission From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: November 5, 2024 Subject:PZC 2024-26 DMYF, LLLP (Daniels, Malinski Yorkville Family) Rezoning from R-1 Residential to M-2 Manufacturing Upon Annexation In 2007, a proposal for "Rob Roy Falls" was submitted to the City for this parcel, featuring a Conceptual PUD Plan (provided below). The plan included a commercial component spanning approximately 130 acres, a residential mixed-use area with senior living and multi-family housing on about 72 acres, and a "Rob Roy Club" component covering around 71 acres. However, the annexation and development never materialized, and the land has remained undeveloped farmland for the past 18 years. REZONING REQUEST: According to Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed into the city is automatically zoned as R-1 Single-Family Suburban Residential District. In this case, the petitioner is requesting rezoning to the M-2 General Manufacturing District for the development of a proposed data center. Data centers are defined as facilities containing networked computers, storage systems, and computing infrastructure that organizations use to collect, process, store, and distribute data. Per Section 10-3-6-F of the Yorkville UDO, the M-2 General Manufacturing District is designated for manufacturing, industrial, and related uses that produce more significant off-site impacts compared to those in the M-1 Limited Manufacturing District. The purpose of this district is to ensure compatibility between industrial uses and nearby residential and commercial areas, while minimizing off-site impacts like noise, traffic, and visual disturbances. Table 10-3-12(B) of the Unified Development Ordinance specifies that data centers are permitted land uses within the M-2 District. The UDO also outlines specific rezoning standards that will be reviewed by all recommending bodies. The petitioner has provided responses addressing each of these standards in the application. To assess the potential impact of the proposed rezoning and future use of the property, staff has created the following chart, which summarizes the current zoning and land uses of the surrounding area: ANNEXATION AGREEMENT: As previously mentioned, the applicant seeks annexation of four (4) unincorporated parcels, #02- 30-200-023, #02-19-400-010, #02-19-400-009, and #02-19-300-019, totaling approximately 270-acres for the future purpose of constructing and operating a data center land use. Contiguity of the subject parcels and Yorkville’s current corporate boundary is established immediately to the east via the Kendall Marketplace commercial development and the recently annexed Kelaka parcel to the north. The approximately 148-acre Kelaka parcel is currently unimproved but is also entitled for a future industrial/data center. With regard to the rezoning request, a draft annexation agreement has been drafted that should a data center user not develop on the parcel, only the following M-2 General Manufacturing land uses will be permitted on the subject property per Table 10-3-12(B) of the Unified Development Ordinance: 1. Automobile sales and services (enclosed) – defined as “An establishment engaged in the sale of automobiles where all operations take place entirely within an enclosed showroom in a primary building.” 2. Bakery (wholesale) - defined as “a bakery in which there is permitted the production and/or wholesaling of baked goods, excluding retail bakery.” Zoning Land Use North M-2 General Manufacturing District A-1 Agricultural District (Kendall County) Farmland (Kelaka) Farmland East Planned Unit Development (B-3, R-3, R-2) Kendall Marketplace (Commercial, Townhomes, Single-Family Residential) South US 34 (Veterans Parkway) B-3 General Business District R-3 Multi-Family Attached Residence District R-2 Single-Family Traditional Residence Transportation Rush Copley Medical Center/Commercial Fox Hill Townhomes Fox Hill West B-3 General Business District Commercial Undeveloped/Agriculture (Cobblestone North) 3. Brewery/winery/distillery – defined as “an establishment primarily engaged in brewing fermented malt beverages including beer, ale, malt liquors, and nonalcoholic beer (brewery), manufacturing and bottling wine on the premises (winery), or manufacturing, by distillation, intoxicating spirits on the premises (distillery) but not including on-premises consumption by patrons.” 4. Building material sales – defined as “establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures.” 5. Microdistillery – defined as “a small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves alcoholic spirits on and off the premises and produces no more than fifteen thousand (15,000) gallons per calendar year on-site. The microdistillery facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the alcoholic beverages shall be consistent with state law.” 6. Microbrewery/Microwinery – defined as “a combination retail, wholesale, and/or small- scale artisan manufacturing business that brews, ferments, processes, packages, distributes, and serves either beer or wine for sale on- or off-site. A microbrewery shall produce no more than one-hundred fifty-five thousand (155,000) gallons of beer per year for sale on the premises for either on-premises or off-premises consumption. These facilities may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the beverages shall be consistent with state law.” 7. Nursery/greenhouse – defined as “retail business whose principal activity is the selling of plants and having outdoor storage, growing and/or display of plants.” 8. Research laboratories – defined as “a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.” 9. Recreational vehicle sales and services – defined as “an establishment engaged in the sale of recreational vehicles, including motorhomes and pickup campers, travel trailers, tent trailers, and similar vehicles that are designed and constructed for permit sleeping or housekeeping in an outdoor or a showroom enclosed in a primary building.” 10. Storage, single-building climate controlled – defined as “a facility consisting of a single building where individual self-contained units are leased or rented to the general public for dead storage and where the individual storage units are accessed from the interior of the building.” 11. Refrigerated Warehouse (Cold Storage)- defined as “a facility which is artificially or mechanically cooled in order to maintain the integrity and quality of perishable goods.” The above identified limited permitted land uses are proposed to be in effect for the term of the annexation agreement, twenty (20) years. Additionally, a Plat of Annexation will be provided as an exhibit to the annexation agreement. A public hearing for the proposed annexation and annexation agreement was held on November 12, 2024 at the City Council meeting. THE COMPREHENSIVE PLAN: The 2016 Comprehensive Plan Update designates this property as “Suburban Neighborhoods (SN)” which is designated primarily for single-family detached residential homes. However, the Comprehensive Plan also states, “while the land use map should guide future land use and development and zoning decisions, it is also meant to be adjusted and changed when circumstances warrant a change in planning direction in a given area of the City.” Due to the recent trend in rezoning and development in the area, the Kelaka property annexation and rezoning to M-2 and the Cyrus One data center development approval to the north of the subject property, staff supports the proposed M-2 General Manufacturing District zoning for a future data center campus development with conditions. Upon approval of the annexation and rezoning, the Comprehensive Plan will require an amendment to reflect the new M-2 General Manufacturing zoning district. The subject property’s future land use designation will be revised from “Suburban Neighborhoods (SN)” to “General Industrial (GI)”. COMMUNITY MEETING: Section 10-8-13-B-1-a of the Unified Development Ordinance states that a community meeting with area or neighborhood property owners, explaining the proposed annexation, may be required. This meeting, conducted by the petitioner at their own expense and at a location of their choice, may be recommended by the Plan Council before the Planning and Zoning Commission public hearing. Given the proximity of existing residential land uses to the east (Kendall Marketplace), west (CMP Properties), and south of US 34 (Fox Hill), staff recommended that the petitioner hold a community meeting to discuss the proposed future land use of the property prior to the City Council and Planning and Zoning Commission public hearings. The petitioner has informed staff that they spoke with the adjacent property owner who lives at 1171 Blackberry Shore Lane at the end of the cul-de-sac for single-family homes in Kendall Marketplace about the proposal on October 29, 2024. They also reached out to the homeowner’s association contact for the Townes of Kendall Marketplace townhomes, but at the time of this memo, had not made contact with them to discuss the proposal. A verbal update will be provided at the Planning and Zoning Commission meeting. STAFF COMMENTS: The petitioner is requesting a straightforward annexation of the subject property into the City of Yorkville without seeking any relief or variances from the M-2 General Manufacturing District zoning. With the additional restrictions on permitted land uses, should the property not develop as a data center as outlined in the proposed agreement, staff supports the annexation request. This aligns with the Comprehensive Plan’s recommended strategy of closing unincorporated “gap” areas within Yorkville’s corporate boundaries to manage growth and ensure high-quality future development. REZONING STANDARDS: Section 10-8-12 Map Amendments establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request. The petitioner has provided answers to each of the criteria in the application these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of the UDO. 2. The proposed Map Amendment is consistent with the existing and planned uses and zoning of the nearby properties. 3. The subject property is suitable for the purposes of the proposed district. 4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by the adjacent parcels. 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested rezoning district as specified in Section 10-3-9(A). 6. The community need for the proposed use. 7. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. Proposed Motion: In consideration of testimony presented during a Public Hearing on November 13, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-1 Single-Family Residential to M-2 General Manufacturing District for a proposed future data center, contingent upon approval of annexation by the City Council, for a 270-acre property generally located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road, subject to {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1. Rezoning Application 2. Public Hearing Notice 3. Plan Council Packet dated October 8, 2024 ZDL3604 Page 1 of 3 ([KLELW$ 'RFXPHQW $SSOLFDWLRQIRU$QQH[DWLRQ 5H]RQLQJ 3HWLWLRQHU1DPH 'UHZ'DQLHOV &RPSDQ\1DPH 'DQLHOV0DOLQVNL<RUNYLOOH)DPLO\///3 3URSHUW\$GGUHVV 865RXWH±.HQGDOO&RXQW\,OOLQRLV ([KLELW$ /HJDO'HVFULSWLRQV 3,1V /(*$/'(6&5,37,21 PARCEL ONE THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00° 48' 07" EAST ALONG THE QUARTER LINE 257.40 FEET; THENCE NORTH 83° 55' 03" WEST 1944.30 FEET TO A POINT WHICH IS 1930.58 FEET SOUTH 88° 28' 32" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 88° 28' 32" WEST ALONG SAID NORTH LINE 204.60 FEET; THENCE SOUTH 02° 08' 40" WEST 2489.33 FEET TO THE PRESENT CENTER LINE OF U. S. HIGHWAY NO. 34; THENCE EASTERLY ALONG SAID CENTER LINE 2001.79 FEET TO A POINT ON SAID CENTER LINE WHICH IS NORTH 84° 54' 42" WEST FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30 (AS MEASURED ALONG THE CENTER LINE OF SAID U. S. HIGHWAY NO. 34); THENCE NORTH 05° 05' 18" EAST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET; THENCE SOUTH 84° 54' 42" EAST PARALLEL WITH SAID CENTER LINE 565.71 FEET; THENCE SOUTH 05° 05' 18" WEST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET TO SAID CENTER LINE; THENCE SOUTH 84° 54' 42" EAST ALONG SAID CENTER LINE 2370.99 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG SAID EAST LINE 429.15 FEET TO THE NORTHEAST CORNER OF SAID SECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, 301.20 FEET; THENCE SOUTH 89° 20' 56" WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 227.23 FEET; THENCE NORTH 15° 08' 07" WEST 2403.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 19 WHICH IS 1826.22 FEET NORTH 88° 28' 32" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88° 28' 32" WEST ALONG SAID NORTH LINE, 1826.22 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Page 2 of 3 PARCEL TWO THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF STATE ROUTE 34 AND THE EAST LINE OF SAID SECTION 30; THENCE WESTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 2370.99 FEET FOR THE POINT OF BEGINNING; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 231 FEET; THENCE WESTERLY PARALLEL TO THE CENTER LINE OF STATE ROUTE 34, 565.71 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 231 FEET TO THE CENTER LINE OF SAID ROUTE 34; THENCE EASTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 565.71 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF OUTLOT 1 OF FOX HILL UNIT ONE PLANNED UNIT DEVELOPMENT, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, RECORDED IN CABINET 3, SLOTS 508 A&B AND 509 A&B AS DOCUMENTED NO. 9410594 IN THE RECORDER'S OFFICE OF KENDALL COUNTY; THENCE NORTH 06 DEGREES 22 MINUTES 18 SECONDS EAST, ON A BEARING REFERENCED TO AN ASSUMED NORTH, 15.240 METERS (50.00 FEET) TO THE CENTERLINE OF F.A. 591 AND THE POINT OF BEGINNING; THENCE NORTH 83 DEGREES37 MINUTES 42 SECONDS WEST 93.518 METERS (306.82 FEET) ON SAID CENTERLINE; THENCE WESTERLY 213.414 METERS (700.18 FEET) ALONG AN 11,642.530 METERS (38,197.20) RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 84 DEGREES 09 MINUTES 12 SECONDS WEST 213.411 METERS (700.17 FEET); THENCE NORTH 02 DEGREE 08 MINUTES 42 SECONDS EAST 15.263 METERS (50.08 FEET); THENCE EASTERLY 208.048 METERS (682.57 FEET) ALONG AN 11,657.770 METER (38,247.20 FOOT) RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 84 DEGREES 10 MINUTES 17 SECONDS EAST 208.046 METERS (682.56 FEET); THENCE NORTH 85 DEGREES 35 MINUTES 28 SECONDS EAST 25.458 METERS (83.52 FEET); THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDS EAST 50.000 METERS (164.04 FEET); THENCE SOUTH 72 DEGREES 50 MINUTES 54 SECONDS EAST 25.449 (83.49 FEET); THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDS EAST 2.433 METERS (7.98 FEET); THENCE SOUTH 00 DEGREES 39 MINUTES 02 SECONDS EAST 15.355 METERS (50.38 FEET) TO SAID CENTERLINE; THENCE NORTH 83 DEGREES 37 MINUTES 42 SECONDS WEST 4.311 METERS (14.14 FEET) ALONG SAID CENTERLINE TO THE POINT OF BEGINNING, CONTAINING 0.5095 HECTARE (1.259 ACRES), MORE OR LESS, OF WHICH 0.4738 HECTARE (1.171 ACRES), MORE OR LESS, ARE IN THE EXISTING RIGHT OF WAY, SITUATED IN THE COUNTY OF KENDALL AND STATE OF ILLINOIS. THE ABOVE PARCEL BEING SHOWN ON SHEET 2 OF THE RIGHT OF WAY PLANS FOR F.A. 591 (U.S. ROUTE 34), SECTION 13BR, RECORDED AS DOCUMENT NUMBER 9702750, FLAT FILE, 5-55 IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS. Page 3 of 3 ALSO, EXCEPT THAT PART CONVEYED THE UNITED CITY OF YORKVILLE IN DEED RECORDED AS DOCUMENT NO. 201400012767 TO WIT: THAT PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY CORNER OF SAID SECTION 30, THENCE SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 304.62 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30 TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 74.37 FEET ALONG SAID EAST LINE OF THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE CONTINUING SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 50.25 FEET ALONG SAID EAST LINE TO THE CENTERLINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST, 1879.99 FEET ALONG SAID CENTERLINE, THENCE NORTH 04 DEGREES 27 MINUTES 50 SECONDS EAST, 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE NORTH 76 DEGREES 01 MINUTE 45 SECONDS EAST, 79.06 FEET TO A POINT 25.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE SOUTH 85 DEGREES 32 MINUTES 10 SECONDS EAST, 1748.26 FEET PARALLEL WITH AND 25.00 FEET NORTH OF SAID NORTHERLY RIGHT OF WAY LINE, THENCE NORTH 46 DEGREES 36 MINUTES 49 SECONDS EAST 66.09 FEET TO POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PERMANENT TAX NUMBERS: 02-19-300-019; 02-19-400-009, 02-19-400-010; and 02-30-200-023 Exhibit B Document: Application for Annexation & Rezoning Petitioner Name: Drew Daniels Company Name: Daniels Malinski Yorkville Family, LLLP Property Address: 11433 US Route 34 – Kendall County, Illinois Exhibit B: 500’ Notifications PINs: 02-19-300-019 02-19-400-009 02-19-400-010 02-30-200-023 3ULQWXVLQJ$GREHo5HDGHUo V$FWXDOVL]HVHWWLQJ U 30 Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7715985 Purchase Order: PZC 2024-26 DMYF (Rezone) State of Illinois - Kane Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 10/25/2024, and the last publication of the notice was made in the newspaper dated and published on 10/25/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Oct 25, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 26th Day of October, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 1 I have reviewed the annexation and rezoning applications for the subject property located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road. The applications were submitted by Drew Daniels on behalf of Daniels Malinski Yorkville Family, LLP, the petitioner. The petitioner is seeking to annex four (4) parcels, totaling approximately 270 acres, and rezone them from the R-1 Single-Family Suburban Residence District, which would apply upon annexation, to the M-2 General Manufacturing District. Based upon my review of the application documents and plans, I have compiled the following comments: GENERAL ZONING/LAND USE COMMENTS: The subject property, approximately 270 acres in total, is currently unincorporated and zoned A-1 Agriculture in Kendall County. It consists of four parcels: the largest, roughly 200 acres, is irregularly shaped and adjacent to the Kendall Marketplace development; a 55-acre rectangular parcel is closest to Eldamain Road; and two smaller parcels, approximately 13 acres, are located just north of US 34. The property is currently used for farming, with a portion of Rob Roy Creek running through it. The two largest parcels are also part of the Rob Roy Drainage District. 1.ZONING – The subject property consists of four (4) parcels (#02-30-200-023, #02-19-400- 010, #02-19-400-009, and #02-19-300-019). The following are the current immediate surrounding zoning and land uses: a. Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed to the city shall automatically be classified within the R-1 Single- Family Suburban Residential District. Therefore, the petitioner is seeking rezoning within the M-2 General Manufacturing District, however, a proposed future land use was not provided on the rezoning application. Zoning Land Use North M-2 General Manufacturing District A-1 Agricultural District (Kendall County) Farmland (Kelaka) Farmland East Planned Unit Development (B-3, R-3, R-2) Kendall Marketplace (Commercial, Townhomes, Single-Family Residential) South US 34 (Veterans Parkway) B-3 General Business District R-3 Multi-Family Attached Residence District R-2 Single-Family Traditional Residence Transportation Rush Copley Medical Center/Commercial Fox Hill Townhomes Fox Hill West B-3 General Business District Commercial Undeveloped/Agriculture (Cobblestone North) Memorandum To: Plan Council From: Krysti Barksdale-Noble, Community Development Director Date: October 8, 2024 Subject: PZC 2024-26 Daniels Malinski Yorkville Family, LLLP (DMYF) Proposed Annexation and Rezoning Request 2 i.Will the petitioner confirm that the intended future land use for the subject property is for a data center campus? 2.PERMITTED USES – Per Section 10-3-6-F of the Yorkville Unified Development Ordinance (UDO), the M-2 general manufacturing district zoning designation is intended to provide for the location of manufacturing, industrial, and related uses that have greater off- site impacts than those in the M-1 limited manufacturing district. The district is intended to ensure the compatibility of the manufacturing and industrial uses with surrounding residential and commercial uses and to minimize off-site impacts such as noise, traffic, and visual qualities. a. Further, per Table 10-3-12 (B) Permitted and Special Uses of the Unified Development Ordinance, under “Energy Industrial Uses” data centers are permitted land uses. 3.M-2 BULK REGULATIONS – Per the Table 10-3-9(A) Bulk and Dimensional Standards, the following are the current M-2 General Business District standards: M-2 Zoning Regulations Min. Lot Area N/A Front Yard Setback 25 feet Rear Yard Setback N/A Side Yard Setback Min. 10% of lot width/Max. 20 feet Corner Yard Setback Min. 10% of lot width/Max. 20 feet Max. Lot Coverage 85% Max. Building Height N/A 4.COMPREHENSIVE PLAN – The 2016 Comprehensive Plan Update designates this property as “Suburban Neighborhoods (SN)” which is designated primarily for single-family detached residential homes. However, the Comprehensive Plan also states, “while the land use map should guide future land use and development and zoning decisions, it is also meant to be adjusted and changed when circumstances warrant a change in planning direction in a given area of the City.” a.Due to the recent trend in rezoning and development in the area, the Kelaka property annexation and rezoning to M-2 and the Cyrus One data center development approval to the north of the subject property, staff supports the proposed M-2 General Manufacturing District zoning for a future data center campus development with conditions. b.Upon approval of the annexation and rezoning, the Comprehensive Plan will require an amendment to reflect the new M-2 General Manufacturing zoning district. The subject property’s future land use designation will be revised from “Suburban Neighborhoods (SN)” to “General Industrial (GI)”. 3 ANNEXATION COMMENTS: 5.ANNEXATION AGREEMENT – Given the subject property's location along a major arterial roadway (US 34) and its proximity to the Kendall Marketplace development, which includes both commercial and residential land uses, staff recommends that the annexation agreement include a condition to consider restricting future manufacturing uses under the M- 2 District if a data center campus is not developed on the site. i.Should a data center user not develop on the parcel, staff would recommend only the following M-2 General Manufacturing land uses be permitted on the subject property per Table 10-3-12(B) of the Unified Development Ordinance: 1.Automobile sales and services (enclosed) – defined as “An establishment engaged in the sale of automobiles where all operations take place entirely within an enclosed showroom in a primary building.” 2.Bakery (wholesale) - defined as “a bakery in which there is permitted the production and/or wholesaling of baked goods, excluding retail bakery.” 3.Brewery/winery/distillery – defined as “an establishment primarily engaged in brewing fermented malt beverages including beer, ale, malt liquors, and nonalcoholic beer (brewery), manufacturing and bottling wine on the premises (winery), or manufacturing, by distillation, intoxicating spirits on the premises (distillery) but not including on-premises consumption by patrons.” 4.Building material sales – defined as “establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures.” 5.Microdistillery – defined as “a small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves alcoholic spirits on and off the premises and produces no more than fifteen thousand (15,000) gallons per calendar year on-site. The microdistillery facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the alcoholic beverages shall be consistent with state law.” 6.Microbrewery/Microwinery – defined as “a combination retail, wholesale, and/or small-scale artisan manufacturing business that brews, ferments, processes, packages, distributes, and serves either beer or wine for sale on- or off-site. A microbrewery shall produce no more than one-hundred fifty-five thousand (155,000) gallons of beer per year for sale on the premises for either on- premises or off-premises consumption. These facilities may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Off-site distribution of the beverages shall be consistent with state law.” 7.Nursery/greenhouse – defined as “retail business whose principal activity is the selling of plants and having outdoor storage, growing and/or display of plants.” 4 8.Research laboratories – defined as “a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.” 9.Recreational vehicle sales and services – defined as “an establishment engaged in the sale of recreational vehicles, including motorhomes and pickup campers, travel trailers, tent trailers, and similar vehicles that are designed and constructed for permit sleeping or housekeeping in an outdoor or a showroom enclosed in a primary building.” 10.Storage, single-building climate controlled – defined as “a facility consisting of a single building where individual self-contained units are leased or rented to the general public for dead storage and where the individual storage units are accessed from the interior of the building.” 11.Refrigerated Warehouse (Cold Storage)- defined as “a facility which is artificially or mechanically cooled in order to maintain the integrity and quality of perishable goods.” ii.The above identified limited permitted land uses shall be in effect for the term of the annexation agreement, twenty (20) years. 6.PLAT OF ANNEXATION – A plat of annexation shall be an exhibit to the annexing ordinance. The city engineer will prepare the exhibit. 7.COMMUNITY MEETING – Per Section 10-8-13-B-1-a of the Unified Development Ordinance states a community meeting of area/neighborhood property owners explaining the proposed Annexation conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. a.Due to the proximity of existing residential land uses immediately to the east (Kendall Marketplace), west (CMP Properties) and south of US 34 (Fox Hill) staff recommends the petitioner conduct a community meeting regarding the proposed future land use of the subject property prior to the City Council and Planning and Zoning Commission public hearings. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: If new information is available at the time of the meeting, then a discussion will be held. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #5 Tracking Number CC 2021-04 City Buildings Updates City Council – January 14, 2025 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 #6 Tracking Number CC 2021-38 Water Study Update City Council – January 14, 2025 None Informational Bart Olson Administration Name Department